[Amended 10-9-1991 by Ord. No. 497]
Certain words used in this chapter are defined
below. Words used in the present tense shall include the future. The
singular number shall include the plural, and the plural the singular.
The word "shall" is mandatory and not permissive.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
APPLICATION FOR DEVELOPMENT
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 plat or plan or for the
approval of a development plan.
AREA
Area of a lot or site shall be calculated from dimensions
derived by horizontal projection of the site.
BOARD
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
CLINIC
Any establishment where human patients are examined and treated
by doctors or dentists but not hospitalized overnight.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
COVERAGE
That percentage of the lot area covered by principal and
accessory use structures.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter 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 Borough
of Leetsdale lies.
DENSITY
Number of dwelling units per acre in contrast to population
or people per acre.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
B.
The Zoning Hearing Board; or
C.
The Planning Commission, only if and to the
extent the Planning Commission is charged with final decision on preliminary
or final plans under the subdivision and land development or planned
residential development ordinances. Determinations shall be appealable
only to the boards designated as having jurisdiction for such appeal.
DEVELOPER
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.
DEVELOPMENT PLAN
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
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
DWELLING
Any structure designed and constructed on the property and
used as the living quarters for one or more families.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
street signs, and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
structures.
FAMILY
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity, or hotel.
HOME OCCUPATION
An occupation carried on in a dwelling unit which is clearly
incidental and secondary to the use of the building for dwelling purposes,
and which does not change the character thereof.
INDUSTRIAL USES
Manufacturing processes requiring large sites (in addition
to structures) for any or all of the following: outdoor storage, settling
basins, parking and screening or isolation from neighboring uses.
Examples of industrial uses are foundry; casting of nonferrous metal,
iron; steel or other metal fabricating; sheet metal products; and
automobile assembling.
LIGHT INDUSTRIES
Those industries processing and fabricating certain materials
and products where no process involved will produce noise, vibration,
air pollution, fire hazard, or noxious emission which will disturb
or endanger neighboring properties. Light industrial uses include,
for example, the production of the following goods: home appliances;
electrical devices; timepieces; jewelry; food packaging; optical goods;
musical instruments; novelties; wood products; printed material; lithographic
plates; type composition; machine tools; dies and gages; ceramics;
apparel; lightweight nonferrous metal castings; film processing; light
sheet metal products; plastic goods; pharmaceutical goods; and food
products, but not animal slaughtering, curing, nor rendering of fats.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT OF RECORD
Any lot which individually or as a part of a subdivision,
has been recorded in the office of Recorder of Deeds of the County.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines.
LOT, MINIMUM AREA OF
The horizontally projected area of a lot computed exclusive
of any portion of the right-of-way of any public thoroughfare.
LOT, WIDTH OF
The mean width measured at right angles to its depth.
MANUFACTURED HOME
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.
[Amended 10-14-1992 by Ord. No. 507]
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
[Amended 10-14-1992 by Ord. No. 507]
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
[Amended 10-14-1992 by Ord. No. 507]
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
NEIGHBORHOOD COMMERCIAL
Uses primarily serving the needs of the local residents,
and of limited size including service shops and stores, and eating
establishments.
NONCONFORMING LOT
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 reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
PLANNED UNIT DEVELOPMENT
Development of a site with a major concern for the total
concept rather than emphasis on the single elements, and allowing
a variety of building types with dedicated open space.
PUBLIC BUILDING
Any structure owned or operated by a public body or agency,
or by any public utility agency, which disperses general service to
the public, including road maintenance, garages and utility substations.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other
recreational areas and other public areas;
B.
Sites for schools, sewage treatment, refuse
disposal and other publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic
sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the 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 Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271
et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough of Leetsdale.
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 than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RESEARCH OR TESTING LABORATORY
Office used for the investigation and refinement of scientific
knowledge, including the engineering and industrial application of
such knowledge, but not including the mass production of products
thus engineered.
RESIDENTIAL USES
Any single-family home, two-family home, attached dwelling,
apartment or dwelling group.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUPPLY YARD
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
VARIANCE
Relief granted pursuant to the provisions of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough of Leetsdale.