Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings herein
indicated:
ACCESSORY BUILDING
A building subordinate to the principal building on the property
and used for purposes customarily incidental to the use or uses of
the principal building.
ADULT ARCADE
Any place where the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still- or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas, as defined herein.
ADULT BOOKSTORE
An establishment having a substantial or significant portion
of its stock-in-trade, including but not limited to video cassettes,
movies, books, magazines and other periodicals, which is distinguished
or characterized by their emphasis on matters depicting, describing
or relating to sexual conduct or nudity, as defined by this chapter,
or an establishment with a segment or section devoted to the sale
or display of such material.
ADULT BUSINESS
An adult arcade, adult bookstore, adult live theater, adult
mini-motion-picture theater, adult motion-picture theater, adult motel
or a nightclub featuring adult entertainment, as defined herein.
ADULT ENTERTAINMENT
Movies which are rated “X” by the Motion Picture
Coding Association, videos, still or motion pictures, photographs,
slides, films or other visual representations, books, magazines or
other printed material or live dramatic, musical or dance performances
which are sexually explicit or depict nudity or sexual conduct, as
defined herein.
ADULT LIVE THEATER
Any commercial establishment which features live shows for
public viewing in which all, or some, of the performers are displaying
nudity or engaging in sexual conduct, as defined herein.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity for accommodating less
than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
ADULT MOTEL
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity for accommodating 50
or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
AIR-CONDITIONING UNIT
Any air-conditioning system, heat exchanger or cooling tower,
refrigerant compressor or mechanical accessories to any such system,
where such air-conditioning system is designed for the air conditioning
of all or part of any residence or commercial structure, but not including
an individual window air-conditioning unit designed to air condition
a single room of a dwelling.
ARTERIAL ROAD
A public street which serves large volumes of high speed
and long distance traffic. Roads classified as arterial in the Borough
are Clairton Boulevard (Route 51), Curry Hollow Road and Lebanon Church
Road.
AWNING
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 rain. A covering over a door, window or porch which extends
more than 48 inches from the building and/or has supports extending
below the center line or more than 12 inches above the opening that
the covering is protecting, and/or supports extending beyond the building
walls, shall not be considered an awning within the meaning of this
definition and this chapter.
BILLBOARD
A sign displaying changeable advertising which pertains to
a business, organization, event, person, place, service or product
not principally located or sold on the premises on which such sign
is located.
BOARD
All references to the “Board” are to the Zoning
Hearing Board created by this chapter.
BOROUGH
All references to the “Borough” are to the Borough
of Pleasant Hills.
BUFFER AREA
A landscaped area of a certain depth specified by this chapter
which shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material and shall consist
of a mix of types and sizes of plant material which meets the standard
of providing a compact, year-round visual screen at least six feet
in height or, upon approval by Borough Council, any existing natural
or graded barrier including differences in elevation, which duplicates
the effect of the required buffer area.
BUILDING
A structure having a roof supported by columns or walls,
for the housing or enclosure of persons, animals or chattels.
BUILDING, HEIGHT OF
The total number of stories in a building and the vertical
distance measured from the finished grade at the front of the building
to the highest point of the roof for flat roofs, to the deck line
of mansard roofs, and to the mean height between eaves and ridges
for gable or hip or gambrel or pent roofs.
BUSINESS OFFICE
An office for any permitted or conditional use within an
adopted zoning district, providing the services and functions associated
with the operation of the permitted or conditional use.
[Added 3-15-2010 by Ord. No. 919]
BUSINESS SERVICES
Establishments primarily engaged in rendering services to
business offices on a fee or contract basis, including, but not limited
to: advertising and mailing; data processing; secretarial; financial;
photocopying and printing; office supplies; building maintenance;
equipment servicing, rental and leasing; employment service; management
and consulting services; and other similar business services.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes including columbariums, crematories,
mausoleums and mortuaries, when operated in conjunction with and within
the boundary of such property.
CHURCH, CATHEDRAL, SYNAGOGUE or TEMPLE
Any or all of the following: church, manse, rectory, convent,
parish school or similar building incidental to the particular use;
school for religious education, convents and other buildings for the
housing of students, teachers, communicants and domestic or maintenance
employees; but not including business offices (except administrative
offices housed within the structure), rescue missions or the occasional
use for religious purposes of properties not regularly so used.
COLLECTOR ROAD
A public street which, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial roads.
Streets classified as collector roads in the Borough are Arbor Lane,
East and West Bruceton Roads, Gill Hall Road, Green Drive, Lewis Run
Road, Old Clairton Road and Old Lebanon Church Road.
CONDITIONAL USE
An authorized use which may be granted only by Borough Council
pursuant to express standards and criteria after recommendation by
the Planning Commission and compliance with the applicable requirements
of this chapter.
COUNCIL
All references to “Council” are to the Council
of the Borough of Pleasant Hills.
CURB LEVEL
The elevation of the established curb opposite a point midway
between the extremes of the plan of the existing or proposed structure
which faces the curb.
DAY-CARE CENTER
A facility licensed by the commonwealth located within a
building which is not used as a dwelling unit and which is used for
the care during part of a twenty-four-hour day of children under the
age of 16 or handicapped or elderly persons.
DRIVEWAY
A paved or prepared surface providing means of access leading
directly from a street to an integral or detached garage, the main
structure, a parking stall, parking pad or parking area.
[Amended 8-15-2005 by Ord. No. 849]
DWELLING
A building or portion thereof designed for and used exclusively
for residential occupancy, including one-family, two-family and multiple-family
dwellings, but not including apartment hotels, hospitals, hotels,
boardinghouses, institutional homes, residential clubs, rooming houses,
tourist courts, trailers and the like.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling
units, each for the exclusive use by one family, which share a common
entrance, usually by means of a common corridor.
DWELLING, SINGLE-FAMILY
A separate dwelling designed for, or occupied exclusively
as, a residence for only one family and having no party wall in common
with an adjacent building. No single-family dwelling shall contain
more than one kitchen, dining room, living room or breakfast room.
DWELLING, TWO-FAMILY
A building containing only two noncommunicating dwelling
units, each for exclusive use by one family and each with its own
separate exterior entrance door.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
DWELLING UNIT DENSITY
The maximum number of dwelling units authorized per acre
of site area, including all land used for residential purposes, open
space, recreation, streets, driveways and all other purposes.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of
underground, surface or overhead structures for electrical, gas, steam,
water and sewerage transmission and collection systems and the equipment
and appurtenances necessary for such systems to furnish an adequate
level of public service, but not including buildings intended for
human occupancy, such as administrative offices.
FAMILY
One or more persons related by blood, marriage or adoption
living together in a dwelling unit and maintaining a common household,
including not more than two boarders, roomers or lodgers, and, in
addition, any domestic servants or gratuitous guests thereof; or a
group of not more than three unrelated persons who are living together
in a dwelling unit and maintaining a common household, other than
for profit.
FENCE
A barrier or ornamental structure constructed of any material
other than vegetation, designed to enclose all or part of a yard,
provide a break in openness or as an accent feature in the landscape.
A.
FUNCTIONAL FENCE- A fence with a maximum height of six feet and having a ratio of open area to solid area of not less than 1:1. All openings in a functional fence shall permit the passage of a sphere a minimum of two inches in diameter.
B.
ORNAMENTAL FENCE- A fence with a maximum height of four feet and having a ratio of open area to solid area of not less than 10:1. All openings in an ornamental fence shall permit the passage of a sphere a minimum of four inches in diameter.
C.
VISUAL SCREENING FENCE- A fence with a maximum height of 10 feet and having a ratio of open area to solid area of less than 1:1 and which may be solid.
D.
SECURITY FENCE- A fence with a maximum height of 10 feet and having a ratio of open area to solid area of not less than 10:1. All openings in a security fence shall permit the passage of a sphere a minimum of two inches in diameter.
GARAGE, COMMUNITY
A single building or a group of accessory structures erected
for the use of adjacent property owners or residents of multiple dwellings,
used for the storage of motor vehicles and not for repair or maintenance
thereof.
GARAGE, PUBLIC
Any garage, other than a community garage or accessory structure
available to the public which is used for storage, parking or rental
of motor vehicles, but which is not used for the repair or maintenance
of motor vehicles.
GASOLINE SERVICE STATION
Any premises used for supplying gasoline and oil, tires,
accessories and services for vehicles at retail direct to the motorist
consumer, including the making of minor adjustments and repairs when
made indoors, but not including such repairs as:
B.
Body, fender, clutch, transmission, differential,
axle, spring and frame repairs;
C.
Major overhauling of engines requiring removal
therefrom of cylinder-head or crankcase pan;
D.
Repairs of radiator requiring removal thereof;
E.
Complete recapping or retreading of tires.
HOME OCCUPATION
An accessory use of a service character, conducted entirely
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not, in any
ostensible way, change the residential character of the dwelling.
A family day-care home licensed by the Commonwealth of Pennsylvania
for no more than six children shall be deemed to be a HOME OCCUPATION
for purposes of this definition.
HOUSING FOR THE ELDERLY
A building, or portion thereof, or group of buildings, containing
more than 10 dwelling units, whose principal use is occupancy by the
elderly or physically handicapped and which may contain special design
features associated with the needs of the elderly or handicapped which
are not usual in construction of multifamily dwellings, including,
but not limited to dispensaries, common dining facilities, handicapped
facilities, emergency call systems and similar facilities.
IMPERVIOUS SURFACE
An all-weather, dust-free surface, such as concrete, asphalt,
brick or paving block. Dirt, grass, gravel or slag are not considered
to be impervious surfaces.
[Added 8-15-2005 by Ord. No. 849]
INDEPENDENT ASSISTED LIVING FACILITY
Housing for the elderly, as defined herein, which provides
on-site supervision available to independently mobile residents on
an as-needed basis and which offers at least one meal a day in common
dining facilities.
LIGHT TRUCK
A vehicle designed and used as a passenger vehicle and/or
to transport cargo on a street or roadway. A "light truck" is a vehicle
with a gross vehicle weight of 9,000 pounds or less; or no more than
seven feet in height; or more than 20 feet in length.
[Added 8-15-2005 by Ord. No. 849]
LOT
A tract or parcel of land described in a deed or other instrument
pursuant to the laws of the commonwealth.
LOT, BUILDABLE AREA OF
That portion of a zoning lot or an accredited-zoning lot
bounded by the required front, rear and side yards. When a yard is
not required, the boundary is the lot line.
LOT, BUILDING LINES OF
The lines that bound the buildable area of the zoning lot,
or accredited zoning lot, including front and rear and side building
lines.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
Corner lots shall be required to have two front yards and two side
yards. No rear yard shall be required on corner lots, except that
a rear yard shall be provided along the common property line between
two corner lots which share a common street frontage and where one
of the corner lots has frontage on a third street.
LOT COVERAGE
That percentage of the lot covered by the principal building,
accessory buildings and structures including, but not limited to,
elevated decks, storage sheds, garages, gazebos and similar structures.
LOT, DEPTH
The mean horizontal distance from the street right-of-way
line at the front of the lot to the extreme rear line of the lot measured
perpendicular to the street right-of-way line at the front of the
lot. On corner lots, the lot depth shall be measured from the front
lot line to the opposite side lot line.
LOT, THROUGH
A lot the front and rear lines of which abut upon streets.
LOT WIDTH
The distance between the side lines of the zoning lot measured
at the shortest distance at or between the front and rear, building
lines as determined by the prescribed front and rear yard requirements.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
METHADONE TREATMENT FACILITY
A facility licensed by the Department of Health to use the
drug methadone in the treatment, maintenance or detoxification of
persons.
MOTEL/HOTEL
A facility offering transient lodging accommodations to the
general public and which also may provide additional supporting services
such as restaurants, meeting rooms, recreation facilities and living
quarters for a resident manager or proprietor.
NIGHTCLUB
A place of assembly, including, but not limited to, dance
halls and private clubs, which offers entertainment, either live or
recorded, and food and/or drink, whether or not the consumption of
alcohol is permitted on the premises and which is characterized by
low light levels and closely packed tables and a dance floor, if provided,
in excess of 200 square feet. A nightclub may be part of a restaurant
or may also operate as a restaurant during all or part of its hours
of operation; however, the area devoted to entertainment shall have
a maximum permitted occupancy of more than 200 persons to be classified
as a NIGHTCLUB as defined by this chapter.
NONCONFORMING USE OR BUILDING
A nonconforming use or building indicates the lawful use
of a building or land, or the lawful existence of a building at the
effective date of this chapter which does not conform with the requirements
of this chapter.
NUDITY
The appearance of a human bare buttock, anus, male or female
genitals or female breast.
NURSING HOME
Any building for the long-term inpatient care of persons
requiring full time skilled nursing care.
OFFICE BUILDING
A building designed or used primarily for office purposes,
no part of which is used for manufacturing or a dwelling, other than
living quarters for a watchman or janitor.
PARKING AREA
An open space other than a street or way, used for the parking
of only passenger vehicles and light trucks.
PARKING PAD
An open portion of land with an impervious surface designed
and used for parking of passenger vehicles and light trucks used as
a passenger vehicle. Parking pads may be located in the front or rear
yard areas.
[Amended 8-15-2005 by Ord. No. 849]
PARKING STALL
A space in a community garage or parking area, not less than
nine feet wide and 20 feet long, reserved for the parking of only
one passenger vehicle or light truck.
PERSONAL CARE BOARDING HOME
A facility licensed by the commonwealth where room and board
is provided to more than three permanent residents who are not relatives
of the operator and who 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 hours,
but who are not in need of hospitalization or skilled or intermediate
nursing care.
PHARMACY
An establishment not in excess of 5,000 square feet of gross
floor area which primarily sells prescription drugs, patent medicines
and surgical and sickroom supplies.
PORCH
Any exterior floor at least 12 inches or more above grade
at any point, supported on at least two opposing ends, with at least
one end supported by, or attached to, the principal structure, with
or without a roof, and with or without an enclosed foundation; however,
in no case shall the foundation be habitable space.
PROFESSIONAL OFFICE
The office of a member of a recognized profession which is
maintained for the conduct of that profession.
PUBLIC BUILDING
A building or structure owned by a government agency and
used for public purposes.
PUBLIC HEARING
A formal meeting held pursuant to public notice by Borough
Council or Planning Commission intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more the 30 days and the second publication shall not
be less than seven days from the date of the hearing.
REPAIR GARAGE
A building, or part thereof, used for the servicing and repair
of motor vehicles, including major repairs such as engine overhaul,
body work, painting and recapping/retreading of tires.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person’s clothed or unclothed genitals, pubic area, buttocks,
or, if such person be female, breast.
SIGN
Any surface, fabric or device bearing lettered, pictorial
or sculptured matter designed to convey information visually and exposed
to public view; or any structure (including billboard or poster panel)
designed to carry the above visual information.
SIGN, AREA OF
That area enclosed by one continuous line, connecting the
extreme points or edges of a sign. The area includes all lettering,
wording and accompanying design or symbols, together with the background
whether open or enclosed on which they are displayed. On a two-sided
sign, only one face is counted in computing the sign’s area.
The area of the sign does not include minimal supporting framework
or bracing, but all other ornamental attachments or decorative structure
shall be included in determining the area of a sign.
SIGN, AUTOMATED
Any sign which moves in any manner by means of any type of
power, including natural power.
SIGN, BANNER
Any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind. National flags, flags of
political subdivisions and symbolic flags of any institution or business
shall not be considered banners for the purpose of this chapter.
SIGN, CHANGEABLE COPY
A sign that is designed so that characters, letters or illustrations
can be activated and changed, manually or electronically, without
altering the face or surface of the sign. Changeable copy signs shall
be permitted only to advertise on-site goods and services.
[Amended 11-21-2005 by Ord. No. 852]
SIGN, GROUND OR POLE
Any sign which is freestanding, but supported by structures
or supports, independent of support from any building and which is
permanently affixed to the ground.
SIGN, ILLUMINATED
A sign which is lighted by means of lamps or other lighting
devices internal to, or external to and reflected on, the sign, which
lighting is stationary and constant in intensity and color at all
times and which is an integral part of the advertising effect.
SIGN, NONCONFORMING
A sign, lawfully existing on the effective date of this chapter
or subsequent amendment thereto, which does not completely conform
to the sign regulation applicable in the district in which it is located.
SIGN, OVERHANGING
Any sign, other than a wall sign, affixed to any building
or wall whose leading edge extends beyond such building or wall in
excess of six inches beyond the building or wall surface.
SIGN, ROOF
Any sign erected or constructed wholly upon and over the
roof of any building and supported solely on the roof structure.
SIGN, WALL
Any sign painted on or attached to and erected parallel to
the face of, or erected and confined within the limits of, the outside
wall of any building and supported by such wall or building and which
displays only one advertising surface.
SIGN, WINDOW
Any sign placed on a window facing the outside which is intended
to be seen from the outside.
STORY
That part of any building between any floor and the ceiling
above; provided, however, that a basement of any building which is
not used as a living quarter shall not be considered as a story.
STORY, HALF
A story with a cubic content of not more than 50% of the
cubic content of the first story of the building.
STRUCTURAL ALTERATIONS
A structural alteration is any change in the supporting members
of a building or structure such as bearing walls, partitions, columns,
beams or girders.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
STRUCTURE, ACCESSORY
A detached subordinate structure, the use of which is clearly
incidental to the main structure or to the use of the land.
STRUCTURE, PRINCIPAL
The main structure or structures on a lot in which the principal
use or uses are conducted.
TERRACE
A natural embankment between a building and its lot lines.
The height of a terrace shall be the difference in elevation between
the lot line and the finished grade at the line of the building.
TOWNHOUSE
A dwelling unit in a residential building containing three
or more dwelling units, each for the exclusive use by one family,
each unit having a separate entrance and being attached to each other
by continuous vertical walls without opening from basement to roof.
USE, ACCESSORY
A subordinate use which is clearly incidental and related
to that of a main structure or main use of the land.
USE OF A BUILDING
Any and every use or activity conducted within a building
or any accessory thereto.
VARIANCE
A departure from the strict terms of this chapter as applied
to a specific property which can be authorized only by the Zoning
Hearing Board in accordance with the terms of this chapter and the
Pennsylvania Municipalities Planning Code.
VEHICLE
Any device in, upon, or by which any person or property or
cargo, is or may be transported or drawn upon a street or anywhere
else. Devices moved by human power such as unicycles, bicycles, wheelbarrows
or pushcarts shall not be considered a vehicle.
A.
PASSENGER VEHICLE- A motorized vehicle designed and used primarily for personal conveyance on a street or roadway. The term “passenger vehicle” shall include a motorcycle, motor bike, motor scooter, passenger car, sport utility vehicle and passenger or conversion van. Passenger vehicles shall not exceed 9,000 pounds’ gross vehicle weight; or seven feet in height; or 20 feet in length.
B.
LIGHT TRUCK- A vehicle designed and used to transport cargo on a street or roadway. A “light truck” is a vehicle with a gross vehicle weight of 9,000 pounds or less; or not more than seven feet in height; or 20 feet in length.
C.
HEAVY TRUCK- A vehicle designed and used to transport cargo on a street or roadway. A “heavy truck” is a vehicle with a gross vehicle weight of more than 9,000 pounds; or more than seven feet in height; or more than 20 feet in length.
D.
OTHER VEHICLE- Any vehicle, other than a passenger vehicle, light truck or heavy truck. “Other vehicles” may include, but shall not be not limited to, motor homes, campers, buses, snowmobiles, personal watercraft, off-road motorcycles or any other off-road vehicles, trailers of any type and for any use, boats on or off a trailer, aircraft, or any other vehicle not defined as a passenger vehicle, light truck, or heavy truck.
VEHICLE SALES AGENCY
An open area, other than a street or way, used for the display
and sale of new passenger vehicles or light trucks and buildings which
may contain offices and showrooms and an area completely within an
enclosed building where repair work may be done. The sale of used
vehicles shall be permitted only as part of an agency that sells new
vehicles. Exception: A "vehicle sales agency" that no longer sells
new vehicles due to loss of a franchise or manufacturer's authorization
may sell and service only used vehicles.
[Amended 6-15-2009 by Ord. No. 904]
VEHICLE SALES OFF DEALER PREMISES
The sale of vehicles, new or used, off the primary premises
of an authorized franchised dealer shall be permitted for such dealers
whose primary premises is located within the Borough of Pleasant Hills.
All such sales shall be subject to all related Code requirements.
[Added 3-15-2010 by Ord. No. 918]
VEHICLE WRECKING
The dismantling, compacting or wrecking of used vehicles
or trailers, or the storage, sale, compacting or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
YARD, FRONT
A yard extending across the full width of the lot and abutting
the front lot line, the required depth of which yard is a prescribed
minimum distance between the front lot line and a line parallel thereto
on the lot.
YARD, REAR
A yard extending across the full width of the lot and abutting
the rear lot line, the required depth of which yard is a prescribed
minimum distance between the rear lot line and a line parallel thereto
on the lot.
YARD, SIDE
A yard abutting a side lot line extending from the front
yard to the rear yard, the required width of which yard is a prescribed
minimum distance between the side lot line and a line parallel thereto
on the lot.
ZONING OFFICER
The person appointed by the Borough to administer this chapter
as required by the Pennsylvania Municipalities Planning Code. The
Zoning Officer shall have all the powers and duties and be subject
to all the provisions set forth in the Pennsylvania Municipalities
Planning Code with respect to Zoning Officers.