A.
Words used in the present tense shall include the future tense.
B.
Words used in the singular shall include the plural, and the plural
shall include the singular.
C.
The word "person" includes an individual, corporation, partnership,
unincorporated association or any other similar entity.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The terms "shall" and "will" are mandatory and not discretionary.
The word "may" is permissive.
F.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, designed,
or to be used or occupied."
G.
The word "building" includes the word "structure."
H.
The word "erected" shall include the word "constructed."
I.
The word "moved" shall include the word "relocated."
J.
The masculine shall include the feminine and the neuter.
K.
If there is a difference in meaning or implication between the text
of this chapter and any caption or illustrations, the text shall control.
L.
Headings shall be deemed part of the Green Tree Borough Zoning Code.
Any vehicle that is not in a building or garage and which
does not have a current Pennsylvania registration and/or a current
safety inspection sticker. This term shall not apply to any vehicle
or equipment used in the normal operation of a farm owned or leased
by the person farming the land or upon the property of a state-authorized
automotive repair facility.
A use on the same lot with, and of a nature customarily incidental
and subordinate to the principal use.
Americans with Disabilities Act of 1990, as amended.[1]
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting, and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural, and
aquaculture crops and commodities. The term includes any enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products, or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
An area of land or water which is used or intended to be
used for the landing and taking off of aircraft and any appurtenant
areas which are used or intended to be used for airport buildings
or air navigation facilities or rights of way, together with all airport
buildings and facilities thereon. Unless indicated otherwise, "airport"
shall include heliports and public or private airports.
The highest point of an airport's usable landing area, measured
in feet above sea level. The airport elevation of the Pittsburgh Greater
International Airport is 1,203 feet above sea level.
A permanent public serviceway providing only secondary means
of access to the rear or side of an abutting property and which may
be used for public utility purposes, but is not intended for general
traffic circulation.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location to another, or any change in use from that
of one zoning district classification to another.
An outdoor gathering space typically for entertainment. An
amphitheater may include a bandshell-type building/structure to provide
weather protection to a stage.
Any premises where animals are groomed, trained, exercised
and socialized.
A facility where animals are given medical or surgical treatment.
Use as a kennel shall be prohibited, except for animals or pets undergoing
medical or surgical treatment.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
that is used for supporting an antenna.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
Every application, whether preliminary, tentative, or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a building
permit for the approval of a subdivision plan or for the approval
of a development plan.
A state-licensed facility designed to provide individual
dwelling units or rooms for individuals who are independently mobile
and are not in need of the level of service provided by a personal
care home, and which provides on-site supervision and assistance available
to residents on an occasional, as-needed basis, and where at least
one meal each day is provided in a common dining area and which includes
certain design features associated with the needs of seniors which
are not customary in the construction of conventional dwelling units,
such as emergency call systems, common dining facilities, transportation
facilities, minimal housekeeping facilities, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
Mechanical maintenance, repair or reconditioning, collision
repair, including straightening and repainting, replacement of parts
and incidental services to motor vehicles.
Financial or fiduciary institution, including savings and
loan, finance companies, credit unions and other similar institutions
that provide retail banking services to individuals or businesses.
Large room or hall available for public use for functions
where food may be served.
A commercial enterprise whose primary activity is the sale
of alcoholic beverages to be consumed on the premises. "Bar" includes
taverns, nightclubs, private clubs, bottle clubs, and similar facilities
serving alcoholic liquor as regulated by the Pennsylvania Liquor Control
Board.
A story partly or wholly underground that has at least 1/2
of its height below the average level of the adjoining ground. It
shall not be counted toward the overall height of a structure.
A residential use consisting of a single-family dwelling
that contains not more than three guest bedrooms used for providing
overnight accommodations to the public, not to exceed seven consecutive
nights, and in which breakfast and afternoon tea are the only meals
served and are included in the charge for the room. The rented rooms
do not contain kitchen facilities and do not constitute separate dwelling
units.
Anybody granted jurisdiction under a land use ordinance or
under the MPC to render final adjudications.
A building arranged or used for overnight lodging by three
or more persons, but not exceeding 10 persons, with or without meals,
for compensation by transient residents arriving upon their own accord.
Overnight lodging occurs in individual sleeping rooms with no cooking
facilities. A boardinghouse may include common areas and a common
kitchen available for use by residents.
[Added 4-4-2022 by Ord. No. 1868]
An area of land, together with trees, grass, ground cover,
shrubs, bushes or other natural landscaping material, walls, berms
or fences thereon, located between different land uses to minimize
potential conflicts between them.
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met. See Figure 1 in
the Appendices.[2]
An independent and detached structure having a roof supported
by columns or walls or resting on its own foundation, including but
not limited to mobile homes, garages, greenhouses and other accessory
buildings, and requiring permanent location on the land.
BUILDING, PRINCIPALA building in which the principal use of the site is conducted or lot on which it is situated. In all residential districts, any dwelling shall be deemed to be a principal building on the lot on which it is located.
BUILDING, ACCESSORYA detached building that is subordinate and incidental to the principal building on the same lot or premises.
The person officially appointed by the governing body to
administer and enforce the Building Code.
The side of a building facing the street right-of-way.
The vertical distance measured from the average elevation
of the finished grade to the highest point of the roof. If there are
two or more separate roofs on a single building, the height of such
building shall be calculated from the highest roof. See Figure 4 in
Appendix A.[3]
A retail facility for the sale of home, lawn and garden supplies
and tools and construction materials, such as brick, lumber, hardware
and other similar materials.
An established line within a lot defining the minimum required
distance between the face of any building or structure to be erected
and the adjacent right-of-way or lot line. Building setback shall
be measured from the right-of-way line, if present; if no right-of-way
line exists on the lot, the building setback shall be measured from
the lot line.
The "face of building" includes basements, sunrooms, foyers,
and any solid projections exceeding one foot.
"Building setback line" shall also apply to accessory buildings
and structures except for signs, fences and walls, and bus shelters.
Bay windows, roof overhangs, and cornices, including gutters,
extending less than one foot from a structure are exempt. See Figure
1 in the Appendices.[4]
A facility including terminals, depots, and passenger waiting,
loading, and unloading stations of bus and other transit companies
and districts. Also, includes facilities providing general or specialized
maintenance services or storage areas for buses and other transit
vehicles of a transit company or district, public or private, providing
transportation services primarily for people, but which may transport
freight as an incidental service.
Establishments engaged in rendering services to businesses
and offices or individuals, including, but not limited to, advertising,
mailing, data processing, office supplies, building maintenance, equipment
servicing, rental, leasing and sales, employment service, and other
similar business services.
A roof-like structure either projecting from a building facade
and open on three sides, or standing alone and open on four sides,
and used for protecting pedestrians and motorists from weather related
elements.
An establishment used for the preparation and delivery of
food and beverages for off-site consumption. This establishment may
provide for on-site pickup, but may not provide for on-site consumption.
An area used, or intended to be used, for the burial of the
deceased. Uses include cemeteries, columbaria, and mausoleums, and
limited associated facilities, such as offices and chapels.
A church, synagogue, temple, mosque or other building used
exclusively for public religious worship, including customary, incidental,
educational and other related social activities.
A triangular area of unobstructed vision at the intersection
of two streets, or of a driveway and a street, defined by line of
sight a given distance from the intersection of the center lines of
two streets or the center lines of the driveway and the street.
An establishment that provides human patient care services,
including, but not limited to, medical, dental, psychological, and/or
social services on an outpatient basis.
The mounting of one or more WCFs, including antennas, on
an existing communications tower, or on any structure that already
supports at least one communications antenna.
A parcel or parcels of land or an area of water suitable
for recreational purposes, or a combination of such land and water,
within a development site, designed and intended for the use or enjoyment
of residents or occupants of the development, maintained and owned
jointly or commonly by the residents or occupants of the development,
not including streets, off-street parking areas, and areas set aside
for public facilities. Common open space shall be substantially free
of structures, but may contain such improvements as are in the development
plan as finally approved and as are appropriate for the recreation
of residents.
The adopted public document for Green Tree Borough, Allegheny
County, Pennsylvania, prepared in accordance with the MPC, consisting
of maps, charts, and textual material, that constitutes the overall
policy to guide and promote the physical and social development of
the municipality.
A facility designed and constructed to compress natural gas
and/or oil that originates from a gas and/or oil well or collection
of such wells operating as a midstream facility for delivery of gas
and/or oil to a transmission pipeline, distribution pipeline, processing
plant or underground storage field, including one or more natural
gas and/or oil compressors, associated buildings, pipes, valves, tanks
and other equipment.
A use permitted or denied by the governing body in a particular
zoning district, following recommendations by the Planning Commission,
pursuant to express standards and criteria set forth in this chapter
and the Pennsylvania Municipal Planning Code.
Businesses engaged in the building trades, including general
contractors; highway and street construction; heavy construction;
plumbing, heating, and air conditioning; painting, paperhanging and
decorating; electrical; masonry and other stonework; carpentry and
flooring; roofing and sheet metal; concrete work; water well drilling;
and similar trades.
A retail establishment offering for sale food products, household
items, newspapers, magazines, or freshly prepared foods that may be
available for on-site or off-site consumption. Accessory activities
may include the operation of no more than two arcade games, video
games or other similar devices, automated teller machines (ATMs),
check cashing, money orders, movie rentals, lottery tickets, or film
processing and the sale of liquefied petroleum gas and/or gasoline,
but shall not include the repair or service of vehicles. Convenience
stores shall not exceed more than four fuel islands or more than eight
fueling positions. Convenience Stores(s) without accessory use of
sale of liquefied petroleum gas and/or gasoline (including diesel
and alternative fuels) shall be defined as retail stores.
The area in square feet of the smallest geometric figure
which describes the area enclosed by the actual copy of a sign. For
wall signs, the copy area limits refer to the message, not to the
illuminated background.
The molded and projecting horizontal member that crowns an
architectural structure.
The duly elected members of the Green Tree Borough Council
as set forth in the Green Tree Home Rule Charter.
Allegheny County, Pennsylvania.
Any facility designed for the cremation of human or animal
remains.
A street closed at one end with a vehicular turnaround provided
at the closed end.
Any facility that is licensed by the Pennsylvania Department
of Welfare as a day-care center, where care is provided for any number
of adults who are not relatives of the operator for less than 24 hours
per day.
A facility establishment that is licensed by the Pennsylvania
Department of Welfare as a day-care center, where care is provided
for 12 or more children under 16 years of age for less than 24 hours
per day.
Final adjudication of any board or other body granted jurisdiction
under any land use zoning code to do so, either by reason of the grant
of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
the county and judicial district wherein the municipality lies.
A porch that may or may not be connected to a principal structure.
As defined in MPC at 107(b).[5]
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved lands or water
area, including but not limited to buildings, structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure. DAS facilities mounted to new poles not already
acting as wireless support structures are considered communications
towers.
Any premises, or part thereof, which provide logistic support
for business, such as freight management, inventory control, storage,
packaging and consolidation of goods for distribution.
A paved surface that allows vehicles to line up in a single-file
manner and approach the menu board and/or receiving or pickup window(s).
In all drive-through uses, the drive-through aisle shall be delineated
via pavement markings from any other paved surfaces, such as entrance
or exit lanes, and shall not block access to parking or the legal
right-of-way.
An accessory use of land, buildings, or structures, or parts
thereof, to provide or dispense products or services through an attendant
or window or automated machine to persons remaining in motorized vehicles
that are in a designated stacking lane. An accessory drive-thru facility
may be permitted only as an accessory use, i.e. in combination with
other uses that can include, but are not limited to, a bank or financial
institution, fast food restaurant, retail store, dry cleaner, laundry,
or pharmacy. Despite the above, a drive-through facility does not
include a vehicle washing facility, a vacuum cleaning station accessory
to a vehicle washing facility, or an automobile/gasoline service station.
A private drive providing vehicular access between a street
or access drive and a parking area.
An establishment that is primarily engaged in dry cleaning
and laundry services, including the pressing, repair, and dry cleaning
of clothing, apparel, or other fabric.
A temporary portable container for the storage of bulky waste,
construction debris, refuse and like materials, or other storage device
generally delivered or picked up by a truck, tractor or other such
vehicle and used for the purpose of storing debris of any variety.
[Added 4-4-2022 by Ord. No. 1869]
DUMPSTER, LARGEA portable storage container exceeding a volume capacity of three cubic yards.
DUMPSTER, SMALLA portable storage container with a volume capacity between one and three cubic yards.
More than one habitable room, containing permanent heating,
sanitary, sleeping, cooking and eating facilities, used or intended
to be used as living quarters for a single household or family.
DWELLING, SINGLE-FAMILY DETACHEDA detached, or separate building occupied by one family only. This category includes cluster homes, which are typically developed at a density greater than one unit per 5,000 square feet as part of a development or subdivision containing three or more dwelling units.
DWELLING, SINGLE-FAMILY ATTACHEDA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it and having party walls in common with at least one adjacent similar dwelling unit and located in a building comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as "townhouses," "row houses," "cluster homes," and "villas."
DWELLING, MULTIFAMILY OR MULTIPLE FAMILYA detached building containing two or more separate dwelling units for families living independently of each other, which may provide joint services and/or facilities, but separate housekeeping, sanitary and cooking facilities.
[Amended 4-4-2022 by Ord. No. 1868]
CLUSTER HOUSE DWELLINGA multifamily dwelling consisting of not more than 12 townhouse units, with separate entrances, that are attached in cluster fashion and are separated by unpierced common walls. Cluster house dwellings do not include continuous row houses.
DUPLEXA detached or separate building designed for or occupied exclusively by two families living independently of each other, with separate entrances and facilities.
GARDEN APARTMENTA multifamily residential building, not exceeding three stories in height, in which units are arranged side to side, back to back or one above another, which may have either private external entrances or common hall access, and which may have a private exterior yard area for each unit.
HIGH-RISE APARTMENTAn apartment building wherein the dwelling units share a common entrance and/or common interior corridor and which is over four stories in height. The building height shall be determined by the International Building Code of 2015, Table 504.3, but in no event shall the building height exceed 100 feet.
MID-RISE APARTMENTAn apartment building which is not greater than four stories in height and has no more than eight units per floor, for a maximum number of units of 32. The dwelling units share a common entrance and/or common interior corridor.
MULTISTORY CLUSTER HOUSEA multifamily dwelling, including townhouses, with each dwelling containing a separate entrance and located either side by side, or a multilevel structure which shall not exceed three stories and shall not have more than 12 first-story entrances.
RESIDENCE OVER BUSINESSA building where the bottom floors are used for commercial use, while the upper floors are used for residential dwellings, including those dwellings used for some combination of residential and commercial purposes.
TOWNHOUSE UNITA single dwelling unit that is part of a townhouse or cluster house dwelling.
TOWNHOUSE DWELLINGA multifamily dwelling consisting of not more than six townhouse units, with separate entrances, that are attached side by side and separated by unpierced common (party) walls.
One or more rooms arranged for the use of one family as a
single housekeeping unit with exclusive cooking, living, sleeping
and sanitary facilities.
A right of use over the property of another.
A structure or part of a structure designed and used for
the training and teaching of children, youths and/or adults.
A notice given by a municipality through the internet of
the time and place of a public hearing and the particular nature of
the matter to be considered at the hearing. [MPC Section 107(a)][6]
A condition that:
A professional engineer licensed by the Commonwealth of Pennsylvania.
A business providing typical household tools and lawn/garden
equipment for repair (such as sharpening, or the repair of small motors
or engines) or rental, including hand-operated machinery, power tools,
lawn mowers, hedgers, etc. This excludes vehicles, trucks and trailers
licensed for street use.
Any communications antenna and/or supporting tower owned
or operated exclusively by an agency or authority of the municipality
or Commonwealth of Pennsylvania or any police, fire, emergency medical
or emergency management agency or any public utility whose rates are
regulated and is providing a service regulated by the Pennsylvania
Public Utility Commission.
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions, including
buildings necessary for furnishing adequate services for the public
health, safety or general welfare.
Title VIII of the Civil Rights Act of 1968, as amended by
the Fair Housing Amendments Act of 1988 (42 U.S.C. §§ 3600
through 3620).
A single person occupying a dwelling unit and maintaining
a household; two or more persons related by blood, marriage or adoption
occupying a dwelling unit, living together and maintaining a single
housekeeping unit, including not more than one boarder, roomer or
lodger; or not more than five unrelated persons occupying a dwelling
unit, living together and maintaining a single family housekeeping
unit, all of which family units are sufficiently stable and permanent
so as not to be fairly characterized as purely transient.
Any single-family residence, other than the adult's own home,
in which day care is provided at any time for up to five adults who
are not relatives to the caregiver, where the adult care areas are
being used as a family residence.
Any single-family residence, other than the child's own home,
in which day care is provided at any time for up to five children
who are not relatives to the caregiver, where the child-care areas
are being used as a family residence.
A regularly occurring (weekly, biweekly, monthly, bimonthly,
semiannually, annually, etc.) and seasonal commercial use with an
organized display, indoors or outdoors, of agricultural products in
their natural state for retail sale. Such agricultural products shall
comprise at least 75% of the retail space available and may or may
not be produced and/or grown on the property. Other products, such
as processed food (dried fruit, cheese or bread, for example), or
artisan handiwork or art, may comprise the remaining 25% of the retail
space available.
Federal Communications Commission.
A barrier constructed for protection, confinement, enclosure,
or privacy.
A place where any person or group of vendors, whether professional
or nonprofessional, offer for sale, trade, or barter any goods, regardless
of whether they are new, used, antique, or homemade, and regardless
of whether they are offered for sale in open air, buildings, or temporary
structures. The term "flea market" also shall not include any business
or occupation that has a valid business license or special use permit
pertaining to the sale, trade, or barter of goods.
A temporary inundation of normally dry land areas by water.
A map of the municipality on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas and the flood risk premium zones applicable to the municipality.
Any land area susceptible to inundation by floodwater from
any source.
Land adjoining a river or stream that has been or may be
expected to be inundated by the flood waters of the river or stream;
or any area subject to the unusual and rapid accumulation of surface
waters from any source. Floodplains include any areas delineated within
the 100-year flood boundary or as a special flood hazard area on a
map prepared by the Federal Emergency Management Agency (FEMA).
The channel of a watercourse and portions of the adjoining
floodplains reasonably required to carry and discharge the 100-year-frequency
flood. Unless otherwise specified, the boundary of the floodway is
as indicated on maps and flood insurance studies provided by FEMA.
In an area where no FEMA maps or studies have defined the boundary
of the 100-year-frequency floodway, it is assumed, absent evidence
to the contrary, that the floodway extends from the stream to 50 feet
from the top of the bank of the stream.
The sum of the gross horizontal areas of all floors of a
building, measured from the exterior faces of exterior walls or from
the center line of common walls separating buildings. For determining
parking and loading space requirements under this chapter, the following
areas shall not be included: cellar storage areas, elevator shafts
and stairwells providing structural headroom of less than eight feet,
floor area for mechanical equipment required to service the needs
of the building, open terraces, breezeways and open porches that are
not enclosed. In particular, floor area includes but is not limited
to the following:
Basement space if the floor-to-ceiling measures seven feet or
more.
Elevator shafts, stairwells, and attic space (whether or not
a floor has been laid) providing structural headroom of eight feet
or more.
Roofed terraces, exterior balconies, breezeways, or porches,
provided that 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes, no matter
where located within a building.
Accessory buildings, excluding space used for accessory off-street
parking or used for loading berths.
Any other floor space not specifically excluded, excluding space
used for air-conditioning machinery or cooling towers and similar
mechanical equipment serving the building and cellar space.
The total area of a building, measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
A store that sells consumer goods, such as bakery products,
dairy products, delicatessen items, produce, and meats, to the public.
This does not include convenience stores.
A full perimeter masonry or poured concrete foundation resting
upon a suitable concrete footer, said footer to be at least three
feet below finished grade. The foundation wall shall have a minimum
width of six inches with the footer projecting at least three inches
on each side.
The premises and building(s) where cargo is stored and where
railroad cars, aircraft, and trucks load and unload cargo for shipment
or distribution on a regular basis, and which may include facilities
for the temporary storage of loads prior to shipment and facilities
for the maintenance of transport vehicles.
Lot boundary lines that are adjacent to a street.
A device which dispenses vehicle fuel and/or kerosene, and
which may contain multiple hoses or be capable of serving more than
one fueling position simultaneously.
A concrete platform measuring a minimum of six inches in
height from the paved surface on which fuel dispensers are located.
A location at which a single vehicle may be fueled from a
fuel dispenser.
A building or part thereof used exclusively for human burial
services, but shall not include a crematorium. Such building may contain
space and facilities for:
Embalming and the performance of other services used in the
preparation of the dead for burial.
The performances of autopsies and other surgical procedures.
The storage of caskets, funeral urns, and other related funeral
supplies.
The storage of funeral vehicles.
The viewing of and services for the deceased.
A building, structure, or any portion thereof, in which one
or more motor vehicles are housed, kept or repaired, provided such
repairs are not obnoxious or offensive by reason of the emission of
odor, dust, smoke, gas, vibration or noise, not including exhibition
rooms or showrooms or the storage of new motor vehicles for sale.
MINOR GARAGEAn accessory structure (attached, integral or detached) to a residential dwelling, used for the storage of motor vehicles or other personal property of the occupants of the dwelling and not to be used for commercial purposes or commercial repairs.
PARKING STRUCTUREA structure of one or more floors used or intended to be used for off-street parking of operable motor vehicles which shall be restricted to residents, their guests and invitees.
Any general sale, open to the public, conducted from a residential
lot containing a dwelling unit, for the benefit of the owner of the
residential lot and dwelling unit for selling and/or disposing of
personal property of the owner of the residential lot and dwelling
unit. This includes all sales in residential areas entitled "garage
sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic
sale," "basement sale," "rummage sale" or any similar casual sale
of tangible personal property. The term shall also mean any garage
sale or yard sale held on Borough-owned property by a Green Tree Borough
community or civic organization (the sponsoring organization) conducted
for benefiting the Borough, the community or the civic or community
organization itself.
Land and buildings where the wholesale or retail sale of
nursery stock and garden supplies takes place. Such nursery stock
and supplies may include any of the following: ornamental plants,
flowers, shrubs and trees cultivated in a nursery; seed, fertilizer,
garden pesticides and herbicides in retail quantities and packaging;
garden hand tools; plant containers; garden statuary and furniture;
landscape lighting; bird feeders and supplies; and seasonal ornaments
and novelties, such as Christmas wreaths and decorations. Such use
may include the provision of landscape design and or installation
services, provided that such services are accessory to the principal
use and offered to clients whose residence or place of business exists
elsewhere. Outdoor storage of lawn and garden supplies, such as mulch,
fertilizer, topsoil and related landscape or garden supplies, such
as ornamental stone or gravel, are permitted only where expressly
authorized by the regulations governing the jurisdictional zoning
district.
An establishment where the principal use is the retail sale
of gasoline (including diesel and alternative fuels), oil, or other
motor vehicle fuel and no more than 15% of the floor area is used
for convenience and variety goods. The premises may include as an
accessory use only facilities for polishing, greasing, washing, or
otherwise cleaning, servicing, or repairing motor vehicles, but does
not include liquefied petroleum gas distribution facilities.
The Green Tree Borough Council.
The resulting level of the ground after the final landscaping
where there is a cut and after normal settlement when there is a fill.
An agricultural enterprise using a controlled environment
(temperature and humidity) for the commercial cultivation and production
of plants.
A structure accessory to a residential use, consisting primarily
of glass, clear plastic, or other light transmitting material in which
temperature and humidity can be controlled for the cultivation or
protection of plants or seedlings and does not exceed 160 square feet,
regulated as a residential storage shed.
The floor area within the inside perimeter of the exterior
walls of the building under consideration.
An establishment that provides room and board in a family
environment to no more than five unrelated persons who receive supervised
care limited to health, social, rehabilitative or housing services.
Such facilities may include child and adult services for individuals
not in need of hospitalization or incarceration but who, because of
age, convalescence, infirmity, disability or related circumstances,
require such care.
An establishment that provides room and board in a family
environment to six or more unrelated persons who receive supervised
care limited to health, social, rehabilitative or housing services.
Such facilities may include child and adult services for individuals
not in need of hospitalization or incarceration but who, because of
age, convalescence, infirmity, disability or related circumstances,
require such care.
A tower which is supported by a cable, wire, rope, or other
means of bracing.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
Any element, substance, compound, or mixture, including disease-causing
agents, which, after release into the environment and upon exposure,
ingestion, inhalation, or assimilation into any organism, either directly
from the environment or indirectly by ingestion through food chains,
will or may reasonably be anticipated to cause death, disease, behavioral
abnormalities, cancer, genetic mutation, physiological malfunctions
(including malfunctions in reproduction) or physical deformations;
except that the term shall not include petroleum, including crude
oil or any fraction thereof which is not otherwise specifically listed
or designated as a hazardous substance and shall not include natural
gas, liquefied natural gas, or synthetic gas of pipeline quality (or
mixtures of natural gas and such synthetic gas).
Any establishment including, but not limited to, an athletic
club, exercise center, health spa, figure salon, gymnasium, physical
fitness center, or any other establishment by any other name that
provides exercise equipment and one or more of the following: steam
cabinet, steam room, sauna, vapor room, vapor cabinet, toilet facilities,
lavatories, showers, lockers, and dressing rooms intended for patron
use, excluding facilities used by or under direct supervision and
control of licensed medical personnel located in a medical facility,
facilities located in athletic departments of schools, and facilities
of professional athletic teams. Accessory uses within the facility
may include massage therapy (properly licensed), aerobics and physical
fitness services (aerobic and strength training activities, group
exercise classes, fitness assessment and counseling, and education
seminars).
An administrative proceeding conducted by a board pursuant
to MPC Section 909.1.[7]
For the purpose of determining the height limits in all zones set forth in Article III and shown on the maps incorporated therein, the datum shall be mean sea level elevation unless otherwise specified.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
antennas mounted on the tower and any other appurtenances.
A business or commercial activity administered or conducted
as an accessory use, which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises more than those normally associated with residential
use. The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and abnormal physical and mental
conditions, and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities or
training facilities, as defined in current state licensure requirements.
A building or group of buildings where for consideration,
rooms or suites of rooms with no culinary facilities are used for
temporary lodging of more than 10 persons, usually individually, with
or without meals, wherein the occupants are furnished hotel services,
including restaurant and maid service, generally having an outside
entrance in common. Any such use that customarily involves the housing
of persons for periods of time longer than 30 days shall be considered
a boarding house and shall meet the requirements of that use.
Those surfaces which do not absorb water. They consist of
all buildings, parking lots, streets, sidewalks, and any areas of
concrete or asphalt or nonabsorbent material. In the case of lumberyards,
areas of stored lumber constitute impervious surfaces. Green Tree
Borough Engineer shall have the exclusive authority to make the determination
whether a surface is impervious.
A multiunit housing development designed to provide individual
dwelling units for persons who are independently mobile and not in
need of supervision, but which includes certain design features associated
with the needs of persons, who because of age, convalescence, disability,
or other related circumstances, require special features which are
not customary in the construction of conventional dwelling units,
such as emergency call services, common dining facilities, common
laundry facilities, transportation services and similar supporting
services for the convenience of the residents. The dwelling units
are comprised of apartments, condominiums, or single-family attached
structures and may or may not feature a buy-in option in addition
to monthly fees for services provided, but are operated and maintained
under a single management organization.
A public or private charitable establishment devoted to the
shelter, maintenance or education and care of minor children; homeless,
aged or infirm persons; or members of a religious community. This
definition shall not include almshouses, penal or reformatory foundations
or nursing homes.
A large bath or small pool with jets of warm water that massage
the body.
Any worn cast-off or discarded article or material which
is ready for destruction or which has been collected or stored for
sale, resale, salvage, or conversion to some other use.
Any premises used to conduct a commercial business involving
the breeding, buying, selling or letting animals for hire, boarding
or training for profit.
A place where scientific studies are conducted, including
testing, research, or analysis of medical, chemical, physical, biological,
mechanical, electronic or electric nature.
Any of the following activities:
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; or
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 the MPC Section 503(1.1).[8]
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), a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
A registered professional landscape architect licensed by
the Commonwealth of Pennsylvania.
Improving the natural beauty of a piece of land by planting
or making minor alterations to the contours of the ground.
A public facility containing books, periodicals, and other
material for reading, viewing, listening, study or reference as a
room, set of rooms, or building where books may be read or borrowed.
A space in a building or on a lot, accessible from a street
or alley, for the temporary use of vehicles while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
LOT, CORNERA lot, abutting two or more streets at their intersection.
LOT, INTERIORA lot of which the side property lines do not about a street.
LOT, THROUGHAn interior lot in which the front line and rear line abut upon streets or public rights-of-way. Where a single lot under individual ownership extends from a street to a street, the widest street shall be deemed the street upon which the property fronts.
The horizontal surface area within the lines of the lot exclusive
of any portion of the right-of-way of any street, whether public or
private.
The ratio of ground area covered by principal and accessory
structures to the total ground area of the lot.
The mean distance from the front lot line to its opposite
rear line measured in a direction parallel to the side lines of the
lot. Lot depth for triangular lots shall be the mean distance from
front lot line to the point of intersection of the side yards.
The line contiguous with the principal street right-of-way
line.
The line, generally parallel to the front lot line, which
defines the rear of the lot.
Any lot line which is not a front lot line or a rear lot
line.
A lot that has been recorded in the Allegheny County Department
of Real Estate.
The total horizontal distance across the lot, between the
side lot lines, measured at the building line.
The principal use of land and structures involving the loading
and unloading, storage and sales of lumber and millwork materials.
A notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing. [MPC Section 107(a)][9]
A structure that is transportable in one or more sections.
In traveling mode, the home is eight feet or more in width and 40
feet or more in length. A manufactured home is designed and constructed
to the Federal Manufactured Construction and Safety Standards and
is so labeled. When erected on-site, the home is at least 400 square
feet; built and remains on a permanent chassis; designed to be used
as a dwelling with a permanent foundation built to Federal Housing
Administration (FHA) criteria. The structure must be designed for
occupancy as a principal residence by a single family.
The production, processing, cleansing, testing and distribution
of materials.
An establishment offering massage, alcohol rub, fomentation,
electric or magnetic treatment, or similar treatment or manipulation
of the human body, unless such treatment or manipulation is administered
by a medical practitioner, chiropractor, acupuncturist, physical therapist,
licensed massage therapists or similar professional person licensed
by the Commonwealth of Pennsylvania as part of a medical clinic.[10]
Any aggregate or mass of mineral matter, whether coherent.
This term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
All or part of the process involved in the extraction and
processing of minerals, such as coal, ores, rock, sand, and gravel,
including mining, drilling, digging, and quarrying. This includes
surface and underground mining operations.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
Mobile homes are those built prior to June 15, 1976, and thereby not
produced nor inspected as a manufactured home in accordance with the
United States Department of Housing and Urban Development (HUD) Manufactured
Home Construction and Safety Standards and Regulations during its
original construction.
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure, to support communications antennas and connecting
appurtenances.
Any building, site or premises, or portions thereof, used
for washing or reconditioning the interior or exterior of automobiles.
An automobile car wash shall include self-operated facilities not
requiring attendants or employees but shall not include an incidental
one-bay washing facility in an automobile repair or service station
where such facilities are incidental to the operation of said automobile
repair or service station.
The Pennsylvania Municipalities Planning Code (Act of 1968,
P.L. 805, No. 247 as reenacted and amended).[11]
A building or use owned or leased and operated by the municipality
and used for the purpose of, or in affiliation with, municipal operations
or affairs.
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and community activities;
but shall not include any sludge or hazardous waste from a municipal,
commercial or institutional water supply treatment plant, sewage treatment
plant or air pollution control facility.
A facility designed and constructed to compress natural gas
that originates from an oil or gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant, or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
All or part of the process involved in the extraction and
processing of natural gas, petroleum, or other liquid related to oil
or gas production or storage, including brine disposal.
A facility used to remove materials, such as ethane, butane,
and other constituents or similar substances, from natural gas to
allow such natural gas to be of such quality as is required or appropriate
for transmission or distribution to commercial markets, but not including
facilities or equipment used primarily to remove water, water vapor,
oil or naturally occurring liquids from natural gas.
A condition of property in which it is substantially retained
in the condition which exists at the time of submission of any preliminary
site plan; provided, however, that any clearing, grubbing, planting,
grading and filling with the area to be retained in its natural state
shall be approved by the municipality and shall only be authorized
if the municipality shall determine that the work would improve the
buffering characteristics of the area to be retained in its natural
state.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A place of assembly, other than a dwelling unit, including
private clubs, that may offer food, drink, and entertainment, either
live or recorded, and characterized by low light levels and closely
packed tables, whether or not the consumption of alcoholic beverages
is permitted or allowed on the premises. A nightclub may also be operated
as a restaurant during all or part of its hours of operation. For
zoning district classification, an adult cabaret shall not be considered
a nightclub.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning code or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such zoning code or amendment, or prior to the
application of such zoning code or amendment to its location by reason
of annexation.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants, trees, shrubs, or flowers and for the selling
of plants and landscaping/gardening supplies.
A facility licensed as a nursing home by the Commonwealth
of Pennsylvania.
A permit signed by the Zoning Officer or Building Code Official
setting forth that a building, structure or parcel of land is in compliance
with this chapter and Building Code and may lawfully be occupied or
employed for specified uses.
An establishment primarily engaged in providing professional,
financial, administrative, management, clerical or other services
not involving the manufacture, assembly or repair of goods, or the
storage or direct transfer of goods to the customer on the premises,
except as may be incidental to a service provided on the premises.
The development and drilling of oil and gas resources as
set forth in the Oil and Gas Act.[12]
The drilling and operation of an oil or gas well. The oil
and gas well use shall be deemed to be located at the well site.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
The applicant for a conditional use approval for mineral
removal and also any "well operator" or "operator" as defined in the
Oil and Gas Act.
An area for the dispensing, serving and consumption, but
not the preparation, of food and beverages, provided such use is attached
to a principal use of a restaurant.
Any premises or part thereof used for courier and freight
forwarding operations that involve collecting, temporary storage of,
sorting and dispatching packages.
An area utilized to meet the parking requirements of this
chapter, including the parking aisles that provide access to the parking
stalls, but not including any streets or driveways that provide access
to the parking lot.
An off-street space available for the parking of motor vehicles,
and shall be constructed of asphalt, poured concrete, concrete pavers
or brick for a minimum of 40 feet beyond the intersection with a street.
Beyond 40 feet, the parking pad may be constructed of gravel or other
approved all-weather surface.
A space available for the parking of one motor vehicle, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, having direct access to a street, alley, or aisle.
A building with multiple stories of off-street parking stalls
where vehicles are temporarily stored with or without a nominal fee,
in association with occupational, retail, entertainment, recreational,
municipal, educational or residential use(s).
An outdoor, at-grade, living area, with or without a roof.
The Pennsylvania Department of Transportation.
A document issued by the Building Official or Zoning Officer
authorizing an applicant to undertake certain activities.
A use by right which is specifically authorized in a particular
zoning district.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity which is recognized by law
as the subject of rights and duties.
A commercial establishment providing services and/or goods
to individuals and businesses. This includes but is not limited to
barbershops, beauty salons, dressmakers and seamstresses, tailoring,
dry cleaners (as defined herein), massage therapy businesses (as defined
herein), shoe repair, and similar such establishments.
A facility, licensed by the Commonwealth of Pennsylvania
and conducted in accordance with its requirements, providing health
related care and service provided on a regular basis to more than
four patients who are resident individuals and who do not require
hospital or twenty-four-hour skilled nursing care, but who, because
of mental, physical conditions, or age, require the services under
a plan of care supervised by licensed and qualified personnel. A personal
care fcility may or may not be operated in conjunction with, or as
part of, an assisted living facility.
A surface that allows the percolation of water into the underlying
soil. Pervious surfaces include grass, mulched ground cover, planted
areas, vegetated roofs, and permeable paving.
An area of land, controlled by a landowner, to be developed
as a single entity for several dwelling units, or combination of residential
and nonresidential uses, the development plan for which does not correspond
in lot size, bulk, type of dwelling, or use, density or intensity,
lot coverage and required common open space to the regulations established
in any one zoning district created, from time to time, under the provisions
of this chapter.
The Green Tree Borough Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
A roofed or unroofed, above-grade structure projecting from
the front, side or rear wall of a building or structure, all sides
of which are open except the side adjoining the building or structure.
A portable container, generally delivered or picked up by
a truck, tractor, or other such vehicle and used for the purpose of
storing material, furniture, equipment, supplies, and/or personal
belongings of any variety.
[Added 4-4-2022 by Ord. No. 1869]
The major dominant use of the lot on which it is located.
Principal uses permitted shall be as defined within this chapter.
Establishments that exceed 7,000 square feet of floor space,
whose primary business is engaged in printing by letterpress, lithography,
gravure, screen, offset or other common processes, including electrostatic
(xerographic) copying and other "quick printing" services, and establishments
serving the printing trade, such as bookbinding, type-setting, engraving,
photoengraving and electrotyping. This group also includes establishments
that publish newspapers, books and periodicals, whether they do their
own printing, and establishments manufacturing business forms and
binding devices.
A printing establishment whose primary business is photocopying
and accessory retail oriented services, not exceeding 7,000 square
feet of floor area.
An organization catering exclusively to members and their
guests at premises for social, recreational or athletic purpose, provided
that any merchandising or commercial activities are conducted only
as required generally for the membership of such organization.
Any residence, commercial business, school, religious institution or other public building located within 1,500 feet of the surface location of a well, that may be impacted by noise generated from drilling or hydraulic fracturing activity at a well site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface rights to drill the subject well or whose owner or occupants have signed a waiver relieving the operator from implementation of the measures established in § 420-95 of this chapter for the owners' or occupants' benefit.
A formal meeting held pursuant to public notice by the Green
Tree Borough Council or Planning Commission, and Zoning Hearing Board
intended to inform and obtain public comment, prior to acting in accordance
with the MPC.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
Defined and published pursuant to the MPC.
A public road, street or other accessway that leads at each
end to another street.
Includes any use or activity either owned and/or operated
by federal, state, county or local governmental units.
An enterprise regulated by the Pennsylvania Public Utility
Commission or a government agency, or an activity offered by an authority
or municipally owned agency, that renders a public service deemed
necessary for public health, safety, and welfare, excluding police,
fire and similar emergency services, and is required by law to:
Any activity which affects the movement of a train, locomotive,
on-track equipment, or track motor car, singly or in combination with
other equipment, on the track of a railroad.
Indoor facilities for leisure-time activities that are provided
as a business pursuit, including facilities open to the public and/or
those requiring membership; includes indoor theaters, lodges, fraternal
organizations, bowling alleys and indoor skating facilities.
Outdoor facilities for leisure-time activities that are provided
as a business pursuit, including outdoor facilities open to the public
and/or those requiring membership; includes swimming pools, tennis
courts, riding stables, drive-in theaters and golf courses.
Developed or undeveloped open spaces and/or structures and
facilities which are provided by a governmental body for public use
for the purposes of play, amusement, or relaxation. Such uses may
include sports facilities, parks, assembly buildings, passive areas,
gardens, and related amenities.
Developed or undeveloped open spaces and/or structures and
facilities which are provided by individuals or private organizations
for the use of specified individuals or groups of individuals sharing
common relationships or associations for the purposes of play, amusement
or relaxation. Such uses may include sports facilities, parks, assembly
buildings, passive areas, gardens and related amenities.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure-time
or recreational use. Recreational vehicles or units include but are
not limited to, the following: travel trailers; truck-mounted campers;
motor homes; folding tent campers; autos, buses or trucks adapted
for vacation use; snowmobiles; mini-bikes; all-terrain vehicles; go-carts;
boats; boat trailers; and utility trailers.
A facility that accepts recyclable material from the public
by donation, redemption, or purchase, and separates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for, or a supplement to, virgin raw materials. The term does not include
transfer facilities, municipal waste landfills, composting facilities,
motor vehicle reclamation, salvage yards, junkyards, or resource recovery
facilities.
A building and equipment for refining or processing oil or
gas or similar products.
Any piece of equipment related to, incidental to, or necessary
for the operation of a communications tower or communications antennas.
By way of illustration, not limitation, "related equipment" includes
generators and base stations.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
Repair of heavy equipment where the repair occurs on site.
As defined in the MPC at Section 107(b).[13]
A structure or complex of structures designed or used primarily
for research and development functions related to industry and similar
fields.
An area that is used for parking more than what is required
on a temporary basis for overflow.
The part or the whole of any building, structure or facility
which is used for the preparation or processing of food for sale to
the general public for consumption on or off the premises.
An establishment whose principal business is the sale of
food, desserts, or beverages to the customer in a ready-to-consume
state, in edible or disposable containers, which is primarily consumed
off the premises.
A fast-food restaurant characterized by limited menu and
catering to drive-through traffic.
An establishment whose principal business is the sale of
food or beverages to the customer in a ready-to-consume state, either
at seating facilities within the restaurant or carry-out consumption
off the premises, and whose method of operation includes the serving
of food in edible or disposable containers.
A structure in which the principal use is the preparation
and sale of food and beverages, where the primary food service is
via tableside ordering and/or consumption.
A building, or a space within a building, wherein the principal
activity is the sale of merchandise of retail to the general public,
and where such merchandise is typically sold in small quantities and
broken lots, and not in bulk. Retail stores and shops may include,
but are not limited to, drug stores and pharmacies; newsstands; food
stores and supermarkets; candy shops; dry goods; clothing stores;
boutiques and gift shops; hardware and home improvement, excluding
building materials facilities; home furnishings and household appliance
and electronics stores (which may also include the repair of electronics);
small appliance repair shops; antique shops; art and crafts galleries;
tailor and dressmaking shops; pet grooming without overnight boarding;
beauty shops; bicycle sales and repair shops; furniture stores; florist
shops; opticians; shoe stores; jewelry stores; auto accessory stores;
and music stores.
A wall designed to resist the lateral displacement of soil
or other material.
Land reserved for use as an alley, interior walk or other
public purpose and dedicated for public use; all must be recorded
in the County Department of Real Estate. For purposes of this chapter,
public right-of-way lines shall prevail over private parcel lines
that are designated as falling within the public right-of-way. When
a lot abuts a right-of-way of a public thoroughfare or alley, all
applicable lot area and front, side and rear lot requirements shall
be computed from the public right-of-way line.
Any area within 100 feet of any stream bank.
The flat or angular top covering of a building or structure.
The top edge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette.
An arrangement of vegetative material of sufficient height
and density to conceal from the view of landowners on adjoining property
or in adjoining districts and the public right-of-way the structures
and uses on the premises on which the screen or buffer planting is
located.
An establishment that rents storage space for personal use
by the renter and where no materials of a hazardous nature, such as
toxins, explosives, ammunition, and highly inflammable substances
are stored.
The minimum distance that a structure can be located from
a right-of-way or property line or another structure, thereby creating
a required open space on a lot. In measuring the width and depth of
setbacks, a cornice projecting not more than 12 inches shall not be
held to reduce such required dimensions.
A place or premises, including buildings, where sewage and
other solid or liquid wastes are treated or screened before discharge.
These terms include any use meeting the definition for this
term in Title 68, Chapter 55, of the Pennsylvania Consolidated Statutes,
as amended, and, without limitation, the following establishments
when operated for profit, whether direct or indirect:
ADULT ARCADEAny place to which the public is permitted or invited where electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, video or laserdisc players or other image-producing devices are maintained, which devices are coin-operated, slug-operated or operated for any other form of consideration, are not located in viewing booths and are designed to show images to five or fewer persons per machine at any one time, where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STOREA commercial establishment which offers for sale or rental, for any form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed matter, films,
photographs, motion pictures, videocassettes, video reproductions,
slides, CD-ROM discs or other computer software, or any other visual
representations which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, as defined
in this section; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT BUSINESSAn adult arcade; an adult bookstore, adult novelty store or adult video store; an adult cabaret; an adult live theater; an adult motion-picture theater; an escort agency; a nude model studio; or a sexual encounter center.
ADULT CABARETA nightclub, bar, restaurant, or other commercial establishment which regularly features any one or more of the following:
Persons who appear in a state of nudity or seminudity, as defined
in this section;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities, as defined
in this section; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions, or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT LIVE THEATERA theater, concert hall, dance hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, as defined in this section, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT MOTELA hotel or motel presenting adult motion pictures by means of closed-circuit television, the material being presented having as a dominant theme, or being distinguished or characterized by an emphasis on, matter depicting, describing or relating to sexual conduct or nudity.
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions or visual presentations of any kind are regularly shown, which material is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ESCORT AGENCYAny business which furnishes, offers to furnish or advertises to furnish, for a fee, tip or other consideration, one or more escorts who agree or offer to act as companions, guides or dates for other persons, or who agree or offer to privately model lingerie or to privately perform a striptease for another person.
NUDE MODEL STUDIOAny place where a person appears in a state of nudity or seminudity, as defined in this section, or displays specified anatomical areas, as defined in this section, and is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any other form of consideration. "Nude model studio" does not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or any structure where:
No sign is visible from the exterior of the structure and no
other advertising indicates that a nude or seminude person is available
for viewing;
To participate in a class, a student must enroll at least three
days in advance of the class; and
No more than one nude or seminude model is on the premises at
any one time.
NUDITYThe showing of the human male or female genitals, pubic area, vulva, anus or anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.
SEMI-NUDITYThe state of dress in which clothing partially or nonopaquely covers specified anatomical areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:
SPECIFIED ANATOMICAL AREASThe human genitals, pubic region, anus, buttocks, female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIESAny of the following:
VIEWING BOOTHSBooths, Stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas, or persons who appear in a state of nudity or seminudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities.
A building, no more than 120 square feet, separate and detached
from a residential dwelling unit located on the same lot as the dwelling
unit, the use of which is clearly incidental and related to the residential
dwelling unit for the storage of materials and equipment, not involving
sales or the conduct of commercial trades or businesses, and not involving
the storage or parking of any four-wheel vehicle that is motor-driven
and capable of being licensed to operate on a public street. Sheds
also include private greenhouses, and pool houses.
A group of commercial establishments planned and developed
as a unit.
All definitions relating to signs can be found in Article VI.
When used herein, the phrase shall define a family as having
a sufficiently stable and permanent relationship, not transient in
nature, occupying a single-family dwelling unit.
A facility licensed by the Commonwealth of Pennsylvania that
provides nursing care and related medical or other personal health
services on a continuous twenty-four-hour basis for individuals not
in need of hospitalization but whom, because of age, disability, illness
or other infirmity, require high-intensity comprehensive planned nursing
care.
The face of an embankment, fill, or cut whose surface makes
an angle with the plane of the horizon. Slope can be expressed as
a percentage based upon the vertical difference in feet per 100 feet
of horizontal distance.
Camouflaging methods applied to communications towers, communications
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above
A story under a gable, hip or gambrel roof, the wall plates
of which, of at least two opposite exterior walls, are not more than
two feet above the finished floor of such story.
A street, avenue, boulevard, road, highway, freeway, parkway
or lane, viaduct and any other way used or intended to be used by
vehicular traffic or pedestrians, whether public or private.
ARTERIALA public street intended to carry a large volume of local and through traffic to or from collector streets and expressways, and which is under control and requirements of the Pennsylvania Department of Transportation.
CARTWAYThe improved surface of a public street from edge of pavement to edge of pavement.
COLLECTORA public street that collects and distributes traffic between local access and arterial streets. Such streets provide intraregional connections between residential areas and shopping areas, employment centers, and other local traffic generators.
LOCALA public street that provides access to abutting property and connections to collector streets.
PRIVATEAny vehicular way which is not dedicated as a public street, and not under any control of the Borough.
The line defining the edge of the legal width of a dedicated
street right-of-way.
Any change in the supporting members of a building or structure,
such as bearing walls, partitions, columns, beams, headers or girders.
Any man-made object having ascertainable stationary location
on or in land or water, whether affixed to the land.
ACCESSORY STRUCTUREA detached structure customarily incidental and subordinate to the principal structure and located on the same lot.
PRINCIPAL STRUCTUREThe structure or portion thereof housing the principal/major dominant use of the land.
TEMPORARY STRUCTUREAny structure which is erected to be in place for not more than 12 months, including but not limited to tents, air-supported structures, portable bandstands, reviewing stands, bleachers, mobile office units, construction sheds, sales offices for lots or dwellings or other structures of a similar character.
The division, revision or reconfiguration of a lot(s), tract(s)
or parcel(s) of land by any means into two or more lots, tracts, parcels
or other divisions or consolidations of land, including changes in
existing lot lines for the purposes, whether immediate or future,
of lease, partition by the court for distribution to heirs or devisees,
transfer of ownership or building or lot development; provided, however,
that the subdivision by lease of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement
of access or any residential dwelling, shall be exempted.
The Subdivision and Land Development Ordinance of Green Tree
Borough.[14]
Manufactured or field-constructed equipment designed to contain
water on a permanent or semipermanent basis and used for swimming,
wading, immersion, or therapeutic purposes.
An establishment whose principal business activity is the
practice of placing designs, letters, figures, symbols, or other marks
upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin.
A natural or artificial embankment between a building and
its lot lines.
A building or part of a building devoted to the showing of
movies, musical performances, dance, or theatrical productions, usually
on a paid admission basis.
When used herein, such term shall generally mean a person
or persons residing in a building, dwelling or structure for a short
period of time, with no intent to living in the said premises on a
permanent or long-term basis. It generally includes vacationers, travelers,
whether on business or for social purposes, who are domiciled and/or
residents elsewhere.
The property, equipment, and improvements of whatever nature
owned, used, constructed, maintained, controlled, or operated to provide
mass transportation for passengers or to provide for the movement
of people. Rail transit facilities include rail lines, platforms,
passenger waiting areas, passenger parking lots, passenger parking
structures, passenger pickup and drop-off areas, tracks, bridges,
tunnels and accessory retail, including areas for sales of fares.
Bus transit facilities include bus stops, bus terminals, passenger
waiting areas, passenger parking lots, passenger parking structures,
passenger pickup and drop-off areas and retail, including areas for
sales of fares.
A small freestanding, roofed structure, usually having three
walls, located near a street and designed primarily for the protection
and convenience of passengers.
A facility for private taxicab, limousine, bus service and
similar passenger service.
A portable, vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation, and other
short-term use. This term shall include portable campers that can
be attached to the bed of pickup trucks.
A facility where trucks load and unload goods, products,
cargo and/or other materials to be broken down or aggregated in different
size loads and reshipped to other destinations.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
Relief granted pursuant to the provisions of the MPC and
this chapter.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, excepting tractors,
agricultural machinery, devices moved by human power or used upon
stationary rails or tracks.
Vehicle maintenance, sales or display, repair or reconditioning,
collision repair, including straightening and repainting, replacement
of parts, and incidental services.
A structure primarily used for the storage of goods and materials.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
The well site shall consist of the graded pad and appurtenant
area occupied by the facilities, structures and equipment necessary
for or incidental to the drilling, production or operation of an oil
or gas well at the site, including well site preparation, well site
construction, drilling, hydraulic fracturing, site restoration, water
and other fluid storage, impoundment and transportation located at
the site and used for such activities and installation of associated
equipment, the site preparation, construction and installation, maintenance
and repair of oil and gas pipelines and associated equipment and other
equipment and activities at the site associated with drilling for,
production and transportation of oil and gas, but excluding any structure,
facility or use constituting a natural gas compressor station or a
natural gas processing plant or any other facility used primarily
to refine or process gas or oil.
Lands regulated as wetlands by the Pennsylvania Department
of Environmental Protection and/or the U.S. Army Corps of Engineers.
Such areas are inundated or saturated by surface water or groundwater
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, including swamps, marshes,
bogs and similar areas.
An establishment primarily engaged in selling merchandise
to retailers, industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers
and buying merchandise for, or selling to, such individuals or companies.
A single tower, or multiple towers, situated on a lot to
provide energy from a wind turbine source to an individual home, multifamily
residential use, office, or business and industrial and agricultural
uses located on the same lot. The wind energy is not to be provided
to others for sale off site. The small wind energy system shall follow
the rules of net metering under the state policy.
A device for converting wind energy into mechanical (windmill)
or electrical energy.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, and/or
commercial radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
commercial wireless communications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW), Green Tree Borough-owned land, or any other property.
A freestanding structure, such as a communications tower,
or any other support structure, that was constructed to primarily
support the placement or installation of a wireless communications
facility if approved by the Borough.
Work performed in a well after its completion to secure production
where there has been none, restore production that has ceased, or
increase production.
An open, unoccupied space on the same lot with a building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
YARD, FRONTThe open space extending across the entire width of the lot between the front line of the building and the street right-of-way. The front yard is measured perpendicular to the building at the closest point to the street right-of-way.
YARD, REARA yard extending along the full length of the rear lot line between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements.
YARD, SIDEAn area between any building and side lot line, as defined herein, extending from the front yard to the rear yard, or, on through lots, from one front lot line to the other lot line.
Approval under the provisions of this chapter certifying
that an application for development or application for zoning approval
for occupancy and use has fulfilled the requirements of this chapter.
The Zoning Code or Zoning Ordinance adopted by Council of the Borough of Green Tree as set forth in § 420-11 and as later amended.
A Board comprised of those members who are appointed by the Green Tree Borough Council and having all rights, power, authority and jurisdiction as set forth in the Municipalities Planning Code (MPC) and in § 420-162 et seq. of this chapter.
The Green Tree Borough Official Zoning District Map together
with all amendments subsequently adopted.
The individual authorized by the Green Tree Borough Council
having the powers and subject to the provisions set forth in the MPC,
whose duty it shall be to administer this chapter and such other chapters
that may be assigned by the Green Tree Borough Council.
A statement signed by the Code Official indicating that the
application for permission to construct or alter is approved and in
accordance with the requirements and terms of this chapter.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
Editor's Note: Said Appendix is included as an attachment
to this chapter.
[3]
Editor's Note: Said Appendix is included as an attachment
to this chapter.
[4]
Editor's Note: Said Appendix is included as an attachment
to this chapter.
[5]
Editor's Note: See 53 P.S. § 10107(b).
[6]
Editor's Note: See 53 P.S. § 10107(a).
[7]
Editor's Note: See 53 P.S. § 10909.1.
[8]
Editor's Note: See 53 P.S. § 10503(1.1).
[9]
Editor's Note: See 53 P.S. § 10107(a).
[10]
Editor's Note: The former definition of "methadone treatment
facility," which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 1868.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: The Oil and Gas Act, 58 P.S. §§ 601.101
through 601.605 (12-19-1984, P.L. 1140, No. 223) was repealed 2-14-2012,
by P.L. 87, No. 13. See now 58 Pa.C.S.A. § 3201 et seq.
[13]
Editor's Note: See 53 P.S. § 10107(b).
