For the purpose of this chapter, certain terms
and words used herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the
future.
B.
Words used in the singular shall include the plural.
C.
The word "person" includes a corporation, partnership
or association as well as an individual.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The terms "shall" and "will" are always mandatory.
F.
The word "may" is permissive.
G.
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended," "arranged"
or "designed" to be used or occupied.
H.
The word "building" includes the word "structure."
I.
Unless otherwise specified, all distances shall be
measured horizontally.
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings herein
indicated:
An accessory structure on a residential lot used for the
storage of personal property owned by the residents of the dwelling
to which it is accessory.
[Added 9-28-2010 by Ord. No. 918]
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
Sharing common property lines uninterrupted by any alley,
public street or private street right-of-way.
[Added 9-28-2010 by Ord. No. 918]
Any commercial establishment in which is offered for sale
as a substantial or significant portion of its stock in trade videocassettes,
movies, books, magazines or other periodicals or other media which
are distinguished or characterized by their emphasis on nudity or
sexual conduct or on activities which if presented in live presentation
would constitute adult entertainment.[1]
An adult bookstore, commercial movie theater or movie house,
or other adult entertainment as defined herein. In the event that
an activity or business which might fall under a use category other
than adult business is combined with and/or includes activities which
constitute an adult bookstore, adult movie theater or movie house
or adult entertainment as defined herein, then such activity or business
shall constitute an adult business and shall be governed by those
provisions in this chapter applicable to any other use category.[2]
A commercial establishment providing, either as a sole use
or in connection with or in addition to other uses, entertainment
consisting of the use of nudity or of live dancing, posing, displaying,
acting or other live presentation or use of persons whose actions
are distinguished or characterized by emphasis on use of the human
body in a manner intended to or resulting in arousal of sexual excitation
or sexual titillation or a prurient interest or intended to or resulting
in producing lustful emotions.[3]
Any commercial movie theater which on a regular continuing
basis shows films rated X by the Motion Picture Coding Association
of America, or any movie theater which presents for public viewing
on a regular, continuing basis so-called "adult films" depicting sexual
conduct, as defined by this chapter.[4]
As applied to a building or structure, a change or rearrangement
in the structural part; in the existing facilities; or in the enlargement,
whether by extending a side or by increasing the height; or the moving
from one location to another.
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting short-wave or citizens band
radio frequencies or for receiving television, radio or similar frequencies,
but not including a satellite dish antenna or a commercial communications
antenna. This includes any accessory supporting structures.[5]
A dwelling unit located in the same building with a business
or professional office and/or retail store.
[Added 9-28-2010 by Ord. No. 918]
As applied to off-street parking, the area used or intended
for services to the public as customers, patrons, clients or tenants,
including areas occupied for fixtures and equipment used for display
or sale of merchandise. Floor areas may be excluded which are used
exclusively for storage, housing of mechanical equipment integral
with the building, for maintenance facilities or for those areas so
restricted that customers, patients, clients, salesmen and the general
public are denied access.
See "street, arterial."
[Added 9-28-2010 by Ord. No. 918]
A retail or wholesale establishment which sells baked goods
to businesses and which may sell to the general public and which involves
on-site processing of baked goods, either for sale on the premises
and/or for delivery to other retail or wholesale outlets.
[Added 9-28-2010 by Ord. No. 918]
A retail establishment which sells baked goods and confections
to businesses and the general public, and which may involve on-site
processing of the goods offered for sale on the premises, but which
shall not include on-site processing of goods for delivery to other
retail stores or wholesale businesses.
[Added 9-28-2010 by Ord. No. 918]
A business, licensed by the commonwealth, that sells alcoholic
beverages for consumption on the premises as the principal use and
that may offer food for consumption on the premises as an accessory
use.
[Added 9-28-2010 by Ord. No. 918]
A dwelling that is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal served and included
with the overnight accommodations is breakfast.
[Added 9-28-2010 by Ord. No. 918]
A commercial business licensed by the commonwealth to sell
beer in quantity entirely for off-premises consumption and which may
include the sale of other beverages, snacks, ice and party or picnic
supplies.
[Added 9-28-2010 by Ord. No. 918]
A paved or unpaved pathway located within an easement or
dedicated right-of-way used for walking or traveling by bicycle for
exercise or recreation where motorized vehicles are prohibited except
for emergency vehicles or maintenance vehicles.
[Added 9-28-2010 by Ord. No. 918]
An imaginary line located a fixed distance from the street
right-of-way line and interpreted as being the nearest point that
a building may be constructed to the street right-of-way. The building
line shall limit the location of porches, patios and similar construction,
steps excepted, to the face of this line.
Anything constructed or erected with a fixed location on
the ground. Among other things, structures include buildings, mobile
homes, walls, fences, billboards and poster panels.
Any office of recognized professions such as doctors, lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions.
[Amended 9-28-2010 by Ord. No. 918]
Establishments engaged in providing services to business
offices on a fee or contract basis, including, but not limited to:
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services, but not including
the rental, sale or repair of vehicles or heavy equipment.
[Added 9-28-2010 by Ord. No. 918]
See "store, candy or ice cream."
[Added 9-28-2010 by Ord. No. 918]
See "restaurant, carry-out."
[Added 9-28-2010 by Ord. No. 918]
A building or buildings, other than a dwelling, used primarily
as a place of worship on a regular basis by a religious denomination
that may also include, as accessory uses: rooms for religious education,
social and recreational activities and administrative offices, rectories,
parsonages, convents, preschool programs and elderly or child day-care
centers.
[Added 9-28-2010 by Ord. No. 918]
The triangular area formed by two intersecting street center
lines interconnecting points established on each center line, 75 feet
from their point of intersection. This entire area is to remain clear
of obstructions to sight above a plane established 3 1/2 feet
in elevation from grade level at the intersection of the street center
line.
See "medical clinic."
[Added 9-28-2010 by Ord. No. 918]
See "veterinary clinic."
[Added 9-28-2010 by Ord. No. 918]
See "street, collector."
[Added 9-28-2010 by Ord. No. 918]
Land use resulting from engagement in a business, enterprise,
activity or other undertaking for a profit.
See "bakery, commercial."
[Added 9-28-2010 by Ord. No. 918]
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals, such as
but not limited to antenna used for transmitting commercial radio
or television signals or cellular telephone communications. This shall
not include a standard antenna.
See "recreation, commercial indoor."
[Added 9-28-2010 by Ord. No. 918]
A business establishment where clothing is cleaned using
chemical solvents or washed utilizing commercial equipment to accommodate
large quantities of clothes that are picked up from and returned to
one or more dry-cleaning pickup stores, as defined herein.
[Added 9-28-2010 by Ord. No. 918]
See "recreation, commercial outdoor."
[Added 9-28-2010 by Ord. No. 918]
See "school, commercial."
[Added 9-28-2010 by Ord. No. 918]
The legally appointed Planning Commission of the Borough
of Monaca.[6]
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to: omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas that may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
[Added 9-28-2010 by Ord. No. 918]
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
[Added 9-28-2010 by Ord. No. 918]
A use which is not specifically listed in a particular zoning
district, but which is determined by the Zoning Hearing Board in accordance
with the express standards and criteria set forth in this chapter
to be similar in characteristics and impact to another use which is
specifically listed in the same zoning district as a permitted use,
conditional use or use by special exception.
[Added 9-28-2010 by Ord. No. 918]
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors that are designed so that they
may be closed and any other small openings required for the ventilation
system.
[Added 9-28-2010 by Ord. No. 918]
The Comprehensive Plan for the Borough of Monaca, Beaver
County, Pennsylvania.
A use permitted in a particular zoning district pursuant to the provisions in Article VII.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, and/or
any part thereof, including the placement of a mobile home or modular
home.
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and that may include the storage of
materials, equipment and vehicles.
[Added 9-28-2010 by Ord. No. 918]
See "store, convenience."
[Added 9-28-2010 by Ord. No. 918]
See Subsection A under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
An establishment containing the equipment necessary to cremate
or reduce to ashes human remains of the deceased.
[Added 9-28-2010 by Ord. No. 918]
An establishment engaged in offset printing, photolithographing
or similar techniques used to produce T-shirts, greeting cards, invitations,
business cards, calendars, mugs and similar promotional items according
to special designs requested by the customer.
[Added 9-28-2010 by Ord. No. 918]
A facility, licensed by the commonwealth, for the care, on
a regular basis, during part of a twenty-four-hour day of more than
six clients which may include children under the age of 16 or handicapped
or elderly persons.
[Added 9-28-2010 by Ord. No. 918]
A business establishment which provides one or more of the
following services to customers who do not stay overnight on the premises:
massage therapy, facials, body wraps, tanning, steam or sauna baths,
herbal treatments, hair styling, manicure, pedicure, nutritional counseling,
Yoga exercise, aromatherapy, reflexology and relaxation therapy.
[Added 9-28-2010 by Ord. No. 918]
A retail establishment, other than a restaurant, with a gross
floor area not exceeding 4,000 square feet that sells ready-to-eat
food products such as hot foods, cooked meats, lunch meats, cheeses,
sandwiches, and prepared salads, primarily for consumption off the
premises, but which may provide a few tables or a counter for on-premises
consumption as an accessory use and that may include off-premises
catering.
[Added 9-28-2010 by Ord. No. 918]
See "dwelling unit density."
[Added 9-28-2010 by Ord. No. 918]
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.[7]
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.
The processing of materials so as to sort out which finished
goods are to be transported to different locations and the loading
and unloading of such goods. This use usually involves inventory control,
material handing, order administration and packaging.
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure, including, but not limited to: no more
than four dogs and/or cats, six months of age or older; any number
of hamsters, parakeets or canaries and similar small animals or birds,
but not including any exotic animals such as lions, tigers, bears,
ocelots or other feral cats, venomous or constrictor snakes, alligators,
monkeys or other animals normally found in a zoo; nor any member of
the swine, sheep, bovine, poultry or equidae family of quadrupeds.
[Amended 9-28-2010 by Ord. No. 918]
Care provided in the provider's dwelling unit to no more
than three persons aged 18 years or older who need assistance with
daily activities and are unable to live alone, where the provider
and the dwelling unit are certified by the Area Agency on Aging.
[Added 9-28-2010 by Ord. No. 918]
Any principal use or accessory use that involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services, including, but not limited
to: "drive-in" or "drive-through" windows at fast-food restaurants,
banks or other businesses, exterior automated teller machines (ATMs),
quick oil change facilities, car washes and similar automotive services
and other such facilities.
[Added 9-28-2010 by Ord. No. 918]
A retail establishment with a gross floor area of 10,000
square feet or more which sells prescription drugs, patent medicines,
surgical and sickroom supplies and which also may sell cosmetics,
household goods and a limited selection of food products.
[Added 9-28-2010 by Ord. No. 918]
See "store, dry-cleaning pickup."
[Added 9-28-2010 by Ord. No. 918]
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
or water vapor.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
See Subsection C under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
[Amended 9-28-2010 by Ord. No. 918]
CONVERSION APARTMENTA dwelling unit created within an existing single-family dwelling in accordance with all applicable requirements of this chapter.
SINGLE-FAMILY DWELLINGA residential building containing one dwelling unit that is the only principal structure on the lot, surrounded on all sides by open space. (See also Subsection J, Mobile home.)
DUPLEXA residential building that is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units, including townhouses, garden apartments, mid-rise apartments and high-rise apartments.
TOWNHOUSEA multifamily residential building, no more than 2 1/2 stories in height, that contains at least three, but no more than eight, dwelling units, each of which are separated from the adjoining unit or units by a continuous unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
GARDEN APARTMENTA residential building comprised of multifamily dwelling units not exceeding three stories in height, sometimes designed around courts or common open spaces, often having private balconies or patios.
MID-RISE APARTMENTA residential building comprised of multifamily dwelling units containing at least four, but no more than six, stories.
HIGH-RISE APARTMENTA residential building comprised of multifamily dwelling units containing at least seven, but no more than nine, stories.
MODULAR HOMEAny structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.
MOBILE HOMEA transportable, single-family detached 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 incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation. A mobile home that is erected on a permanent foundation and is connected to all available utilities shall be considered a single-family dwelling, as defined herein, and may be placed where a single-family dwelling is authorized by this chapter, subject to all requirements applicable to a single-family dwelling. All other mobile homes shall be restricted to mobile home lots in a mobile home park.
DWELLING UNITAny building or portion thereof which is designed and used exclusively for residential purposes of one family and includes complete kitchen and bathroom facilities.
The maximum number of dwelling units authorized by this chapter
per acre of land.
[Amended 9-28-2010 by Ord. No. 918]
An establishment that provides training to individuals or
groups in specialized recreational activities or avocations, including,
but not limited to: dance, gymnastics, martial arts, photography,
music, arts and crafts and similar pursuits.
[Added 9-28-2010 by Ord. No. 918]
The date on which this chapter is duly adopted by the Borough
or as specified in ordinance adopting same.
Multifamily dwelling units designed for occupancy by persons
aged 65 years or older or persons of any age who are physically handicapped
which dwelling units may contain special design features associated
with the needs of the elderly or handicapped that are not customary
in the construction of multifamily dwellings, including, but not limited
to: emergency call systems, handicapped accommodations in bathrooms
and hallways, doorways and hallways that accommodate wheelchairs and
similar facilities.
[Added 9-28-2010 by Ord. No. 918]
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for its use or improvement.
Excavating, filling, draining and the like shall be considered part
of the erection.
The erection, construction, alteration or maintenance by
public utilities, municipal departments or authorities of underground
gas, electrical, telephone transmission or distribution systems and
public water, sanitary sewer and public storm sewer facilities, including
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxers, traffic signals, fire hydrants and similar equipment and accessories
in connection therewith, including buildings and aboveground storage
and transmission structures necessary for the furnishing of adequate
services for the public health, safety or general welfare.
[Amended 9-28-2010 by Ord. No. 918]
The permission or approval required by the Zoning Hearing
Board to locate a use in a given district according to specific conditions
prescribed under that district.
[Amended 9-28-2010 by Ord. No. 918]
An individual or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests thereof, or a group of not more than three unrelated individuals
living together without supervision and maintaining a common household;
or not more than 10 unrelated individuals living together in a group
living arrangement with supervision, provided that the group living
arrangement meets all of the following criteria:
It provides nonrouting support services, including supervision,
personal care, social or counseling services and transportation to
persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution because of physical
disability, old age, mental retardation or other "handicap" or "disability"
as defined by the Fair Housing Amendments Act or the Americans with
Disabilities Act;
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life;
It does not involve the housing of persons on a transient basis;
It does not involve the housing or treatment of persons accepted
for residence in a group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court or agency to be a danger
to society or are on release or under the jurisdiction of the criminal
justice system, a bureau of corrections or similar institution.
Family shall not include persons living together in a group
care facility, personal care boarding home or transitional dwelling,
as defined herein, or any other supervised group living arrangement
for persons not protected by the Fair Housing Amendments Act or for
any persons who constitute a direct threat to others or their physical
property.
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling
in which the operator resides, for the care on a regular basis during
part of a twenty-four-hour day of not more than six children under
16 years of age, including care provided to children who are relatives
of the provider, where such use shall be secondary to the use of the
dwelling for living purposes and shall meet all applicable requirements
for a home occupation.
[Added 9-28-2010 by Ord. No. 918]
See "restaurant, fast-food."
[Added 9-28-2010 by Ord. No. 918]
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured or natural material or combination
of materials erected for the enclosure of land and/or dividing one
area of land from another. This definition shall not include retaining
walls that are designed and approved by the Borough Engineer.
[Added 9-28-2010 by Ord. No. 918]
A bank, savings and loan association or similar institution
that lends money or is engaged in a finance-related business.
[Added 9-28-2010 by Ord. No. 918]
Facilities owned and operated by a public agency or nonprofit
corporation used for the storage of fire trucks, fire-fighting equipment,
ambulances and other emergency medical equipment and for the training
of firefighters, paramedics and other medical rescue personnel and
that may or may not include offices, meeting rooms, exercise rooms,
sleeping quarters for the employees and volunteers, kitchen facilities
and a social hall.
[Added 9-28-2010 by Ord. No. 918]
The area identified as "floodway fringe" in the Flood Insurance
Study by the Federal Insurance Administration, and which area of flood-fringe
also may be symbolized or referenced by the designation of "FF."[8]
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area of land subject to the unusual and/or
rapid accumulation of surface waters from any source.[9]
A land area that is a floodplain and as is and may be delineated
on the Flood Hazard Boundary Map for the Borough of Monaca or any
subsequent map prepared as to the Borough of Monaca relative to the
Federal Flood Insurance Program.[10]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improvements on real estate, including but
not limited to water and sanitary facilities, structures and/or their
contents.[11]
The area identified as "floodway" in the Flood Insurance
Study prepared by the Federal Insurance Administration, and which
area of floodway also may be symbolized or referenced by the designation
of "FW."[12]
Total floor area of all rooms in a dwelling excluding laundry,
kitchen, bathrooms, closets, pantries or other storage areas, hallways,
garages and basement utility areas.
[Added 9-28-2010 by Ord. No. 918]
That building wall that contains the main entrance to the
building and that is often most nearly parallel to the front lot line
or that faces the building's main vehicular entrance from the interior
circulation system in a multitenant development.
[Added 9-28-2010 by Ord. No. 918]
See "yard, front."
[Added 9-28-2010 by Ord. No. 918]
A building used for the embalming of deceased human beings
for burial and for the display of the deceased and ceremonies connected
therewith before burial or cremation and which may include a crematorium
as an accessory use.
[Added 9-28-2010 by Ord. No. 918]
See "private garage."
[Added 9-28-2010 by Ord. No. 918]
See "public parking garage."
[Added 9-28-2010 by Ord. No. 918]
See Subsection F under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
The area identified as "approximate one-hundred-year floodplain"
in the Flood Insurance Study prepared by the Federal Insurance Administration,
and which area of general floodplain also may be symbolized or referenced
by the designation "FA."[13]
See "store, general merchandise."
[Added 9-28-2010 by Ord. No. 918]
The Borough Council of the Borough of Monaca, Beaver County,
Pennsylvania.
See "store, grocery."
[Added 9-28-2010 by Ord. No. 918]
Any supervised long-term group living arrangement licensed
by the commonwealth for persons who do not meet the definition of
mentally or physically handicapped provided in the Fair Housing Amendments
Act or the Americans with Disabilities Act; or any long-term supervised
group living arrangement for persons who do meet the definition of
mentally or physically handicapped provided in the Fair Housing Amendments
Act or the Americans with Disabilities Act living in an institutional
setting and not maintaining a common household; or any long-term supervised
group living arrangement for persons who, whether handicapped or not,
are criminal offenders, juvenile offenders or delinquents or who have
been found by any governmental tribunal, court or agency to be a danger
to society or who are on release or under the jurisdiction of the
criminal justice system, a governmental bureau of corrections or similar
agency or institution.
[Added 9-28-2010 by Ord. No. 918]
See "floor area, habitable."
See "store, hardware."
[Added 9-28-2010 by Ord. No. 918]
A commercial recreational enterprise or private club that
has as a principal use a gymnasium, swimming pool or other sports
facility and that may offer massages, whirlpool baths, steam rooms,
saunas and/or medical facilities as accessory uses to the principal
use.
[Added 9-28-2010 by Ord. No. 918]
See Subsection H under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
See "no-impact home-based business."
[Added 9-28-2010 by Ord. No. 918]
A business or commercial activity that does not meet the
definition of a no-impact home-based business conducted as an accessory
use entirely within a dwelling by the residents thereof, which use
is clearly secondary to the use of the dwelling for living purposes
and does not, in any way, change the character of the dwelling.
[Amended 9-28-2010 by Ord. No. 918]
An establishment that offers transient overnight lodging
accommodations, including extended stays, to the general public and
that also may provide additional supporting services such as restaurants,
meeting rooms, recreation facilities and living quarters for a resident
manager or proprietor.
[Amended 9-28-2010 by Ord. No. 918]
One or more newly constructed dwelling units erected on a
lot or lots where one or more deteriorated dwelling units previously
existed prior to being demolished.
[Added 9-28-2010 by Ord. No. 918]
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 article
or material which can be used for its original purpose as readily
as when new, without being altered, disassembled, unfastened, changed
or reconditioned, shall not be considered junk.
The use of 200 square feet or more of the area of any lot,
whether inside or outside a building, for storage, keeping or abandonment
of junk, including scrap metals, or for the dismantling, demolition
or abandonment of junk, including scrap metals, or for the dismantling,
demolition or abandonment of automobile or other vehicles, machinery
or parts thereof and 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 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 or 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.[14]
A retail business equipped with a number of individual clothes
washing machines, clothes dryers and that may include individual dry-cleaning
machines for use by the general public, excluding laundry facilities
provided as an accessory use in a multifamily residential building.
[Added 9-28-2010 by Ord. No. 918]
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary stopping
of commercial vehicles while loading or unloading merchandise or materials,
and which abuts upon an alley, street or other appropriate means of
access, and which is not less than 12 feet wide, 15 feet high and
45 feet long, exclusive of access and turning area.
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.
The horizontal surface area within the lot lines of a lot.
A lot abutting two or more streets at their intersection
and on which the front building line for all streets must be observed.
The mean horizontal distance between the front lot line and
the rear lot line. For lots where the front and rear lot lines are
not parallel, the lot depth should be measured by drawing lines from
the front to rear lot lines, at right angles to the front lot line,
every 10 feet and averaging the length of these lines.
The length of the front lot line measured at the street right-of-way
line.
A lot other than a corner lot.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line or, in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
A lot which exists as shown or described on a plat or deed
in the Beaver County Recorder of Deeds' Office.
See "public parking lot."
[Added 9-28-2010 by Ord. No. 918]
A through lot which is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
The mean horizontal distance across the lot between the side
lot lines measured at right angles to the depth.
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials, including
the assembling of component parts, the manufacturing of products and
the blending of materials into finished or semifinished products.
[Added 9-28-2010 by Ord. No. 918]
Any device associated with a solar energy system, such as
an outdoor electrical unit/control box, that transfers the energy
from the solar energy system to the intended on-site structure.
[Added 6-12-2012 by Ord. No. 927]
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling under the care of
a group of licensed medical doctors and dentists and their supporting
staff, where said patients are not provided with board or room or
kept overnight on the premises.
[Added 9-28-2010 by Ord. No. 918]
Includes the tower, base plat, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment for anemometers and vanes, data loggers, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous wind information or to characterize the wind
resource at a given location. For the purpose of this chapter, meteorological
(met) towers shall refer only to those whose purpose are to analyze
the environmental factors needed to assess the potential to install,
construct or erect a small wind energy system.
[Added 9-28-2010 by Ord. No. 918]
See Subsection G under "dwelling types."
[Added 9-28-2010 by Ord. No. 918]
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
[Amended 9-28-2010 by Ord. No. 918]
See Subsection J under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement of mobile homes.
[Added 9-28-2010 by Ord. No. 918]
See Subsection I under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
See "hotel or motel."
[Added 9-28-2010 by Ord. No. 918]
See Subsection D under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
An establishment operated by a public agency or a nonprofit
organization devoted to the procurement, preservation, study and display
of documents, artifacts, memorabilia or other objects of social, historical
or cultural significance.
[Added 9-28-2010 by Ord. No. 918]
The difference between the electricity supplied to a customer
over the electric distribution system and the electricity generated
by the customer's small wind energy system that is fed back into the
electric distribution system over a billing period.
[Added 9-28-2010 by Ord. No. 918]
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use of a dwelling
for residential purposes and that involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pickup, delivery
or removal functions to or from the premises in excess of those normally
associated with residential use.
[Added 9-28-2010 by Ord. No. 918]
See "recreation, noncommercial."
[Added 9-28-2010 by Ord. No. 918]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance 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 structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordnance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of nipple, or the depiction of covered
male genitals in a discernibly turgid state.[15]
An institution licensed by the commonwealth for the care
of human patients requiring skilled nursing or intermediate nursing
care, but not including facilities for major surgery or care or treatment
of drug or alcohol addiction.
[Amended 9-28-2010 by Ord. No. 918]
A statement signed by the Zoning Officer setting forth either
that a building or structure complies with this chapter or that a
building, structure or parcel of land may lawfully be employed for
specified uses, or both.
A flood that, on the average, is likely to occur once in
every 100 years, i.e., that has a one-percent chance of occurring
each year, although the flood may occur in any year to such elevation.[16]
A use that is accessory to an eating or drinking establishment
located outside a completely enclosed building, as defined herein,
where food and beverages are served to customers at tables in an outdoor
setting.
[Added 9-28-2010 by Ord. No. 918]
Any display of merchandise outside a completely enclosed
building, as defined herein, which is offered for sale, regardless
of whether the purchase is completed indoors or outdoors.
[Added 9-28-2010 by Ord. No. 918]
A paved area on a residential lot, other than a driveway,
which is accessory to the principal use of the lot and is intended
for the parking of one or more motor vehicles owned by the owners
or tenants of the lot.
[Added 9-28-2010 by Ord. No. 918]
A space for the parking of a motor vehicle within a public
or private parking area.[17]
See "bicycle and pedestrian trail."
[Added 9-28-2010 by Ord. No. 918]
An authorized use specifically allowed as a matter of right
upon review and approval by the Zoning Officer subject to compliance
with all applicable requirements of this chapter and land development
plan approval, if applicable.
[Added 9-28-2010 by Ord. No. 918]
A dwelling or institution licensed by the commonwealth where
room and board is provided on a long-term basis to more than three
residents who are not relatives of the operator, who are mobile or
semimobile, but, because of age or infirmity, do not participate in
maintaining a common household and who require specialized services
in such matters as bathing, dressing, diet and medication prescribed
for self-administration, but who are not in need of hospitalization
or skilled nursing care or intermediate nursing care.
[Added 9-28-2010 by Ord. No. 918]
Any enterprise providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including, but not limited to: shoe repair, tailoring, clothes
cleaning, watch repairing, barber shops, beauty parlors and related
activities, but not including any adult business, as defined herein.
[Added 9-28-2010 by Ord. No. 918]
Any establishment that offers services for domestic pets,
including, but not limited to: bathing, trimming, manicuring, massaging
or other services to maintain the animals' well-being and which may
sell pet care products and pet supplies as an accessory use, but not
including a veterinary clinic or kennel, as defined herein.
[Added 9-28-2010 by Ord. No. 918]
A business establishment that sells pet food and other pet
care products to the general public and that may offer pet grooming,
a boarding kennel and/or limited veterinary services as accessory
uses; or a business establishment that offers services for the care
during part of a twenty-four-hour day of domestic pets as a principal
use and which may sell food or other pet care products as an accessory
use.
[Added 9-28-2010 by Ord. No. 918]
A development comprised of authorized uses on a site which
is under single ownership and control at the time of an application
for development and which is planned and developed as a single unit
and is subject to certain incentives and special design criteria.
[Added 9-28-2010 by Ord. No. 918]
The duly constituted Planning Commission of Monaca Borough,
Beaver County, Pennsylvania.[18]
The map or plan of a subdivision or land development, whether
preliminary or final.
The transmission system created to balance the supply and
demand for electricity for consumers in the area encompassing the
Borough of Monaca.
[Added 9-28-2010 by Ord. No. 918]
The major or dominant permitted use of a parcel.
Any establishment operated by a private organization for
social, recreational, educational, fraternal or sororal purposes,
which is open only to members and their guests and not to the general
public.
[Amended 9-28-2010 by Ord. No. 918]
An accessory building or a portion of the principal building,
not accessible to the general public, used for the shelter and storage
of private vehicles and personal property of the occupants of the
principal building.
[Amended 9-28-2010 by Ord. No. 918]
See "school, public or private."
[Added 9-28-2010 by Ord. No. 918]
See "business or professional offices."
[Amended 9-28-2010 by Ord. No. 918]
Any building owned or operated by a government agency, federal,
state, county or local, used to provide services to the public, including
administrative offices, public works buildings and storage yards,
libraries, museums, fire companies, senior centers, recreation buildings,
government service centers and similar facilities.
[Added 9-28-2010 by Ord. No. 918]
A building or structure where motor vehicles can be temporarily
stored or parked.
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission, intended to inform and obtain
public comment.
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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the public hearing.
[Amended 9-28-2010 by Ord. No. 918]
A parking area that is located in a building or parking structure
that is the principal use on the lot and that may be operated by either
a public agency or private entity, whether for profit or not, and
that is available for use by the general public, usually for a fee.
[Added 9-28-2010 by Ord. No. 918]
A parking area on the surface of the ground that is the principal
use on the lot, that may be operated by either a public agency or
private entity, whether for profit or not, and that is available for
use by the general public, usually for a fee.
[Added 9-28-2010 by Ord. No. 918]
See "recreation, public."
[Added 9-28-2010 by Ord. No. 918]
See "school, public or private."
[Added 9-28-2010 by Ord. No. 918]
Any administrative building, maintenance building, garage
or other building intended for human occupancy or storage of movable
equipment owned or operated by a utility company regulated by the
Public Utility Commission (PUC); or any building or structure owned
or operated by a utility company regulated by the Public Utility Commission
(PUC) or any governmental agency or municipal authority that is necessary
for the generation, treatment, regulation or intermunicipal distribution
of essential services, as defined herein, including, but not limited
to: long-distance transmission facilities such as electrical power
lines or high-pressure natural gas or petroleum lines, switching facilities,
substations, treatment plants, reservoirs, water towers, transmission
towers and similar facilities.
See "yard, rear."
[Added 9-28-2010 by Ord. No. 918]
That portion of the lot bounded by the side lot lines, the
rear lot line and a line extended from the corner of the rear wall
of the principal building to the side lot lines.
[Added 9-28-2010 by Ord. No. 918]
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including, but not limited to: travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles, jet skis, wave runners, motorcycles and all-terrain
vehicles.
[Amended 9-28-2010 by Ord. No. 918]
A commercial establishment located within a completely enclosed
building, as defined by this chapter, where customers or patrons engage
in athletic or nonathletic leisure activities as spectators or participants,
including, but not limited to: golf practice facilities, tennis or
racquet clubs, batting practice facilities, miniature golf, practice
and/or playing fields, gymnasiums, ice rinks, roller skating rinks,
bowling alleys, billiard parlors, virtual reality and simulation gaming
parlors, video arcades, theaters (live and motion picture), dance
halls and similar facilities, but excluding any adult business, as
defined herein.
[Added 9-28-2010 by Ord. No. 918]
A commercial enterprise, operated by an individual, corporation
or organization other than a public or nonprofit entity, for the pursuit
of sports and recreational activities conducted partially or entirely
outdoors, including, but not limited to: parks, playgrounds, playing
fields, golf courses, country clubs, golf or batting practice facilities,
ice rinks, tennis courts, swimming pools and similar facilities.
[Added 9-28-2010 by Ord. No. 918]
An enterprise operated by an individual or nonprofit association
or corporation, other than a public entity, for the pursuit of sports
and recreational activities, which may be advertised to the general
public, but the use of which is limited to members and their guests
including, but not limited to: such establishments as country clubs,
golf courses, sportsmen's clubs, golf practice facilities, playing
fields, tennis or racquet clubs, swimming pools and similar facilities.
[Added 9-28-2010 by Ord. No. 918]
An enterprise owned and operated by a public entity, available
to the general public, whether or not an admission fee is charged,
including either indoor or outdoor facilities for the pursuit of sports,
recreation or leisure activities, including, but not limited to: parks,
playgrounds, playing fields, golf courses, golf or batting practice
facilities, ice rinks, tennis courts, swimming pools and similar facilities.
[Added 9-28-2010 by Ord. No. 918]
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1 1/2 feet.[19]
A service establishment providing maintenance and repairs
of items that can be carried in by hand, including personal effects
(such as jewelry, watches, bicycles), small household appliances,
office equipment, small gasoline engines and similar items, but not
including repair of large appliances, motorized vehicles or heavy
equipment.
[Added 9-28-2010 by Ord. No. 918]
Any establishment, including laboratories, that carries on
investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and that may include supporting storage and
transportation facilities and pilot manufacturing as accessory uses,
but not including the mass production of such products.
[Added 9-28-2010 by Ord. No. 918]
A restaurant where refreshments, beverages, meals or frozen
desserts or the like are served for consumption primarily outside
of the premises and where no more than 12 permanent seats for in-store
dining are provided.
[Added 9-28-2010 by Ord. No. 918]
A restaurant principally devoted to the retail sale of prepared
or premeasured food items where such food items are ordered by the
customer at a window, counter or vehicle rather than from a table
and that is designed to facilitate quick service and takeout orders.
[Added 9-28-2010 by Ord. No. 918]
An establishment where orders are placed with waitpersons
by customers seated at tables and food and beverages are served at
the table by waitpersons or are offered by buffet service that includes
a complete meal and where the usual length of stay is one hour or
more. A sit-down restaurant may or may not serve alcoholic beverages
for consumption on the premises as an accessory use and may or may
not offer takeout service as an accessory use, but shall not include
a pickup window or drive-through window.
[Added 9-28-2010 by Ord. No. 918]
See "bakery, retail."
[Added 9-28-2010 by Ord. No. 918]
See "store, retail."
[Added 9-28-2010 by Ord. No. 918]
The total easement dedicated for use as a vehicular passageway
for streets, roads and like purposes. The right-of-way contains the
paved cartway and is bounded by the front line of lots on either side.[20]
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
[Added 9-28-2010 by Ord. No. 918]
An accredited institution of learning that offers elementary
and secondary level instruction or which offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
[Added 9-28-2010 by Ord. No. 918]
See "mini warehouse or self-storage facility."
[Added 9-28-2010 by Ord. No. 918]
An area of land, including structures, used for the sale
of gasoline, motor fuel oil and other lubrication substances and the
sale of motor vehicle accessories which may include associated facilities
for automobile servicing, excluding painting.
Patently offensive representations of 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.[21]
The visible flicker effect when rotating blades of a wind
generator cast shadows on the ground and nearby structures causing
a repeating pattern of light and shadow.
[Added 9-28-2010 by Ord. No. 918]
See "yard, side."
[Added 9-28-2010 by Ord. No. 918]
See § 245-21.
[Added 9-28-2010 by Ord. No. 918]
See Subsection B under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
See "restaurant, sit-down."
[Added 9-28-2010 by Ord. No. 918]
A wind energy conversion system consisting of a wind generator,
a tower and associated control or conversion electronics, which has
a rated capacity of 100 kilowatts or less and will be used primarily
for on-site consumption.
[Added 9-28-2010 by Ord. No. 918]
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
[Added 9-28-2010 by Ord. No. 918]
Any change to the small wind energy system that materially
alters the size, type or location of the small wind energy system.
Like-kind replacements shall not be construed to be a modification.
[Added 9-28-2010 by Ord. No. 918]
A property owner’s right to have sunlight shine on
the owner’s land.
[Added 6-12-2012 by Ord. No. 927]
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user. This definition shall
include the terms "passive solar" and "active solar systems."
[Added 6-12-2012 by Ord. No. 927]
The effect produced by light reflecting from a solar panel
with an intensity sufficient to cause annoyance, discomfort, or loss
in visual performance and visibility.
[Added 6-12-2012 by Ord. No. 927]
The date the building permit was issued and/or, if no building
permit is obtained, includes the actual commencement of a development
or substantial improvement, including first placement of permanent
construction of a structure on a site, including but not limited to
pouring of a concrete slab or footers, the installation of piles,
the construction of columns or any work beyond land preparation such
as clearing, grading and filling, regardless of the nature of development
or substantial improvement structure involved.
A retail establishment which sells candy and/or ice cream,
but which shall not include on-site processing of the products sold
on the premises or for delivery off the premises.
[Added 9-28-2010 by Ord. No. 918]
A business with a gross floor area of 5,000 square feet or
less, offering a limited selection of grocery, household and personal
items for quick purchase.
[Added 9-28-2010 by Ord. No. 918]
A retail store where customers drop off and pick up clothing
and household items for dry cleaning or laundering that does not involve
any dry cleaning or laundering on the premises, but that may include
tailoring or pressing on the premises.
[Added 9-28-2010 by Ord. No. 918]
A retail store selling a wide variety of products including,
but not limited to: apparel, home furnishings, lawn and garden supplies,
outdoor equipment and supplies, automotive, hardware, home improvement,
beauty and health products, cards and gifts, office supplies, and
may offer limited quantities of food products.
[Added 9-28-2010 by Ord. No. 918]
A retail establishment that primarily sells meat, food and
household products, but that may also include as accessory uses a
pharmacy, a florist, a travel agency, a video rental (excluding an
adult video store), a coffee shop, a delicatessen, banking and copy/fax
services.
[Added 9-28-2010 by Ord. No. 918]
A retail store that primarily sells tools and supplies for
plumbing, carpentry, electrical, heating, ventilating and air-conditioning
maintenance and repairs and that may also offer the sale of lawn and
garden maintenance and other household products.
[Added 9-28-2010 by Ord. No. 918]
Any establishment not otherwise specifically defined in this
article that sells commodities and/or services on the premises directly
to consumers, but not including the manufacturing or processing of
any products or wholesale sales.
[Added 9-28-2010 by Ord. No. 918]
A retail establishment offering video cassettes, DVDs, Blu
Ray discs or other prerecorded movies or video games for sale or rent
and that may offer as an accessory use the sale of related snack items.
[Added 9-28-2010 by Ord. No. 918]
A public street that carries large volumes of long-distance
traffic. Streets classified as arterial streets in the Borough are
PA Route 51 (Constitution Boulevard and Pennsylvania Avenue) and PA
Route 18-51.
[Added 9-28-2010 by Ord. No. 918]
A public street that, in addition to providing access to
abutting lots, intercepts local streets and provides a route for carrying
considerate volumes of local traffic to community facilities and arterial
streets. Streets classified as collector streets in the Borough are
Atlantic Avenue, Beaver Avenue, Bechtel Street, Bechtel Street Extension,
Brodhead Road, Cascade Road, Echert Road, Fourteenth Street, Fourteenth
Street Extension, Marshal Road, Ninth Street.
[Added 9-28-2010 by Ord. No. 918]
The line defining the edge of the legal width of a dedicated
street right-of-way. The street line is also the front lot line.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; 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.[23]
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for the final approval have been completed in accordance with the
approved plan, so that the project will be able to be used, occupied
or operated for its intended use.
A commercial establishment engaged in storing and selling
building supplies, industrial supplies or feed and grain primarily
to businesses, rather than the general public.
[Added 9-28-2010 by Ord. No. 918]
A school building or portion thereof now or formerly owned
by the school district that is no longer needed for public educational
purposes and which is offered for sale or has been sold to a private
owner by the school district.
[Added 9-28-2010 by Ord. No. 918]
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming.
See "bar or tavern."
[Added 9-28-2010 by Ord. No. 918]
Any standalone container, storage unit, shed or other portable
structure that can be or is used for the storage of personal property
of any kind and which is located for such purposes accessory to a
permitted principal use on a nonpermanent basis for a set period of
time until the portable storage unit is moved to an off-site location.
[Added 10-13-2009 by Ord. No. 912]
Any use or structure that is intended to be used either on
a seasonal basis, during the time of construction and completion of
an approved development or for any other period of time that is six
months or less, including, but not limited to: tents, air-supported
structures, bleachers, portable bandstands, reviewing stands, mobile
office units, construction trailers, model homes or sales offices
and similar uses or structures.
[Added 9-28-2010 by Ord. No. 918]
The monopole, guyed monopole or lattice structure that supports
a wind generator or communications antenna.
[Added 9-28-2010 by Ord. No. 918]
The height above grade of the fixed portion of the tower,
excluding the wind generator or the communications antennas.
[Added 9-28-2010 by Ord. No. 918]
See Subsection E under "dwelling type."
[Added 9-28-2010 by Ord. No. 918]
See "bicycle and pedestrian trail."
[Added 9-28-2010 by Ord. No. 918]
A supervised group living arrangement occupied on a short-term
basis by persons assigned by a court of law or public, semipublic
or nonprofit agency and managed by a public, semipublic or nonprofit
agency responsible for the occupant's care, safety, conduct, counseling
and supervision for a specified period of time, including alcoholic
recovery, shelters for battered persons and their children, community
re-entry services following incarceration, prison assignment, house
arrest or other court-ordered treatment and other such short-time
supervised assignments.
[Added 9-28-2010 by Ord. No. 918]
An area of land utilized for the growing of trees in an outdoor
setting and on-site sales, either by wholesaling to business customers
or at retail to the general public.
[Added 9-28-2010 by Ord. No. 918]
A facility to accommodate the fueling, routine maintenance
and storage of trucks and other motorized equipment and trailers and
that may provide warehousing and transfer facilities as accessory
uses.
[Added 9-28-2010 by Ord. No. 918]
The specific purpose for which land or a building is designed;
it may be occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to include any nonconforming use.[24]
A use authorized by this chapter that may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
[Amended 9-28-2010 by Ord. No. 918]
Within the framework of this chapter, includes public sanitary
sewer facilities only.
Relief granted by the Zoning Hearing Board upon appeal from
the terms of this chapter, where owing to special physical conditions
literal enforcement of the provisions of the zoning regulations will
result in unnecessary hardship, yet where the intent of the zoning
regulations can be observed and substantial justice done. A variance
applies only to that particular piece of property for which it is
granted and only to the modification of the land development standards.
It does not apply to the modification of the uses permitted within
the district and must not be contrary to the public interest.
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including,
but not limited to, such items as tires, hubcaps, mirrors, seat covers,
floor mats, tonneau covers, truck caps, windshield wipers, trim packages,
running boards and the like, but not including any mechanical parts.
[Added 9-28-2010 by Ord. No. 918]
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds gross vehicle weight (GVW), but not
including any heavy equipment or any other vehicle or equipment that
is not classified as a "motor vehicle" under the Pennsylvania Motor
Vehicle Code.
[Added 9-28-2010 by Ord. No. 918]
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building, as defined by this chapter.
[Added 9-28-2010 by Ord. No. 918]
A compact type of small wind energy system that can be mounted
on buildings, telecommunication towers and poles and produce energy
using vertical wind turbine technology in low wind speeds, is capable
of working in heavy storms, is viewed by animals as a solid object,
thus is bat and bird friendly and operates at low noise levels.
[Added 9-28-2010 by Ord. No. 918]
An establishment where animals are examined and treated by
veterinarians and which may include indoor kennels for temporary boarding
of animals during treatment.
[Added 9-28-2010 by Ord. No. 918]
See "store, video."
[Added 9-28-2010 by Ord. No. 918]
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing that is incidental to retail sales and that
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
[Amended 9-28-2010 by Ord. No. 918]
A business primarily engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public which includes the
warehousing of merchandise and which may include distribution of such
merchandise on the site of the principal business.
[Added 9-28-2010 by Ord. No. 918]
See "small wind energy system."
[Added 9-28-2010 by Ord. No. 918]
The blades and associated mechanical and electrical conversion
components mounted on top of the tower whose purpose is to convert
kinetic energy of the wind into rotational energy used to generate
electricity.
[Added 9-28-2010 by Ord. No. 918]
A required open space located on a lot that is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
[Amended 9-28-2010 by Ord. No. 918]
A yard extending between the side lot lines across the full
lot width from the front lot line to a line parallel to, or concentric
with, the front lot line known as the front building line, the minimum
horizontal distance required by this chapter.
[Amended 9-28-2010 by Ord. No. 918]
A yard extending between the side yards of the lot parallel
to the rear lot line and being the minimum horizontal distance from
the rear lot line required by this chapter.
[Amended 9-28-2010 by Ord. No. 918]
The minimum distance established in each zoning district
for the measurement of a front yard, rear yard or side yard, as defined
by this chapter.
[Amended 9-28-2010 by Ord. No. 918]
A yard extending from the required front building line to
the rear lot line parallel to the side lot line, the minimum horizontal
distance, from the side lot line required by this chapter.
[Amended 9-28-2010 by Ord. No. 918]
A legal and administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings and the area of ground built upon.
The Board assigned to the duties of judging appeals of persons
aggrieved by the enforcement of the terms of this chapter and deciding
requests for variances and special exceptions.
The individual authorized by the Borough Council to be the
administrator of the day-to-day application of the provisions contained
in this chapter.
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter or add is approved
and in accordance with the requirements of the terms of this chapter.
[5]
Editor's Note: The former definitions of "behavioral disability"
and "billboard," which immediately followed this definition, were
repealed 9-28-2010 by Ord. No. 918.
[7]
Editor's Note: See also Ch. 210, Subdivision and Land Development. The former definition of "developmental disability," which immediately followed this definition, was repealed 9-28-2010 by Ord. No. 918.
[14]
Editor's Note: The former definition of “licensed group
home,” which immediately followed this definition, was repealed
9-28-2010 by Ord. No. 918.
[17]
Editor's Note: The former definition of "planned residential
development," which immediately followed this definition, was repealed
9-28-2010 by Ord. No. 918.
[20]
Editor's Note: The former definition of "rooming house," which
immediately followed this definition, was repealed 9-28-2010 by Ord.
No. 918.
[22]
Editor's Note: This ordinance also repealed the former definitions of "sign, awning, canopy or marquee," "sign, billboard," "sign, business," "sign, business park identification," "sign, changeable copy," "sign, construction," "sign, directional," "sign, face," "sign, flashing," "sign, freestanding," "sign, governmental," "sign, ground," "sign, home occupation," "sign, identification," "sign, illuminated," "sign, memorial," "sign, name plate," "sign, off-site directional," "sign, on-site directional," "sign, political," "sign, pole," "sign, portable," "sign, private sale or event," "sign, projecting," "sign, real estate," "sign, residential development designation," "sign, roof," "sign, temporary," "sign, wall" and "sign, window," which definitions immediately followed this definition. See now § 245-21.
[24]
Editor's Note: The former definition of "trailer, utility,"
which immediately preceded this definition, was repealed 9-28-2010
by Ord. No. 918.
