As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY OUTDOOR DINING AREA
An area with seats and/or tables and decorative accessories,
located outdoors of a restaurant, coffee shop, tavern, bar, other
food service establishment.
[Added 5-10-2011 by Ord.
No. 2516]
ACCESSORY STRUCTURE
A subordinate structure, located on the same lot as the main
structure, or a portion of the main structure, the use of which is
clearly incidental to and customarily found in connection with the
main structure or principal use of the land.
ACCESSORY USE
A subordinate use which is clearly incidental and related
to that of a main structure or main use of land.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-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
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
ADULT BOOKSTORE or ADULT VIDEO STORE[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No.
2249]
(1)
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(a)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
(b)
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
(2)
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an "adult bookstore" or "adult video
store." Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an "adult bookstore"
or "adult video store" so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
(1)
Persons who appear in the state of nudity;
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
(1)
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and has
a sign visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions; or
(2)
Offers any single sleeping room for rent four or more times
in one calendar day during five or more calendar days in any continuous
thirty-day period.
ADULT MOTION-PICTURE THEATER
Commercial establishments where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
AGRICULTURE
Any use of land or structures for farming, dairying, pasturage,
agriculture, horticulture, floriculture, arboriculture or animal or
poultry husbandry. Uses permitted in conjunction with an agricultural
use may include barns, stables, corn cribs, silos and any other use
or structure that is clearly related to an agricultural operation.
ALLEY
A public or private way permanently reserved as a secondary
means of access to abutting property.
[Added 1-8-2013 by Ord.
No. 2571]
AMUSEMENT USE
A stadium, arena, bowling alley or related facility for the
presentation of musical, theatrical or sporting events where the number
of spectators normally is greater than the number of players and where
such use is not accessory to a school or church.
[Amended 8-10-1999 by Ord. No. 2118]
ANCILLARY CAFETERIA
A restaurant which is located within a shopping center, industrial
park, office center or apartment complex, having a floor area of not
more than 3,000 square feet, and intended primarily to serve the employees,
patrons or residents of the complex within which it is located.
ANIMATION
Any sign or part of a sign that changes physical position
by any movement or rotation or that gives the visual impression of
such movement or rotation or copies the impression of a traffic control
device, signal, lighting or signage.
[Added 1-11-2005 by Ord.
No. 2325; amended 12-11-2012 by Ord. No. 2566]
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include commercial communication
towers as defined below.
[Added 12-8-2015 by Ord.
No. 2635]
APARTMENT
A dwelling unit in a multiple-family residential structure
containing three or more dwelling units.
APPLICANT
A landowner or holder of an agreement to purchase land, lessee
or other person having a proprietary interest in land, or the heirs,
successors and/or assigns of such person, who has filed an application
for the use, improvement or development of any parcel or structure
under this chapter.
ARRAY
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
[Added 1-8-2013 by Ord.
No. 2571]
AUTOMOBILE SALVAGE
The dismantling or wrecking of used motor vehicles, trucks,
trailers, farm equipment or mobile homes or the storage, sale or dumping
of dismantled or partially dismantled, obsolete or wrecked vehicles
or their parts.
BASEMENT
A story partly below ground and having 40% or more of its
height below the average level of the adjoining ground.
BASIC GRADE
A reference plane representing the average of the finished
ground level adjoining a structure at all its exterior walls.
BED-AND-BREAKFAST
An owner-occupied of a two-family or multifamily dwelling
that contains not more than three guest bedrooms in which lodging
is provided from compensation and in which meals may also be provided
to guests. This use shall not include group homes.
[Added 8-9-2011 by Ord.
No. 2522]
BILLBOARD and/or OUTDOOR ADVERTISING SIGN
A sign displaying changeable advertising copy which pertains
to a business, organization, event, person, place, service or product
not principally located or sold on the premises upon which said sign
is located.
[Added 8-13-1994 by Ord.
No. 1764]
BOARD
The Zoning Hearing Board of the Municipality of Monroeville.
BUFFER AREA
The area within a Municipal waste landfill property, facility, disposal area or site, generally adjacent to and parallel with a floodplain, wetland, occupied dwelling, perennial stream, property line, airport runway, coal seam, coal outcrop, coal refuse, public or private water source, school building, park and/or playground, for a width as determined in §
359-33BB(17) of this chapter, consisting of undisturbed, natural, existing vegetation, unless otherwise determined by Monroeville Council. In that event, the buffer is to be created by the use of trees, shrubs, fences and/or other berms designed to limit the view of and/or sound from the site to adjacent sites or properties. Upon planting and/or installation, any trees, shrubs, fences and/or berms shall be a minimum 10 feet in height and shall produce a year-round screen.
[Added 7-21-1993 by Ord.
No. 1843]
BUILDABLE AREA
That portion of a zoning lot bounded by the required front,
side and rear yards.
BUILDING-INTEGRATED SYSTEM
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
[Added 1-8-2013 by Ord.
No. 2571]
BUILDING-MOUNTED SYSTEM
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Municipality and that is either the principal structure
or an accessory structure on a recorded parcel. This system also includes
any solar-based architectural elements.
[Added 1-8-2013 by Ord.
No. 2571]
BUILDING SETBACK
The required minimum horizontal distance between the front
yard line and the front edge of a building.
[Added 3-9-1999 by Ord.
No. 2106]
BUSINESS SERVICES
A service shop or office providing services and sales of
office supplies and equipment where the repair and maintenance of
equipment is limited, and does not include manufacturing or industrial
operations.
CELL
The smallest basic solar electric device which generates
electricity when exposed to light.
[Added 1-8-2013 by Ord.
No. 2571]
CEMETERY
Land used or intended to be used for the interment of human
remains and dedicated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within
the boundary of such cemetery.
CHANGEABLE COPY
Character height shall be no greater than 18 inches in height
and no more than three lines of copy per electronic message center
with the copy or other images that physically change or give the appearance
of change display at intervals of not less than 15 seconds.
[Added 1-11-2005 by Ord.
No. 2325; amended 12-11-2012 by Ord. No. 2566]
CHILD-CARE CENTER
Any place, home or institution which cares for four or more
children under the age of 16 years apart from their parents, guardians
or custodians for regular periods of time for compensation; provided,
however, that the term "child-care center" shall not include or apply
to bona fide schools, custody fixed by a court, children related by
blood or marriage within the third degree of the custodial person
or churches and other religious or public institutions caring for
children within an institutional building.
CLOSURE
The date on which a Municipal waste processing or disposal
facility permanently ceases to accept waste and access is limited
to activities necessary for postclosure care, maintenance and monitoring.
[Added 7-21-1993 by Ord.
No. 1843]
CLUB
An organization comprised mainly of the residents of the
neighborhood in which it is located, the primary purpose of which
is the advancement of its members or of the community in education,
cultural or civic pursuits and activities.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
an existing commercial communication tower, or on any structure that
already supports at least one commercial communication antenna.
[Added 12-8-2015 by Ord.
No. 2635]
COMMERCIAL
An activity involving the sales of goods or services carried
out for profit.
[Added 10-8-1996 by Ord.
No. 1995]
COMMERCIAL COMMUNICATION ANTENNA
All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. commercial communication
antennas shall not include support structures for antennas or any
related equipment that is mounted to the ground or at ground level.
[Added 10-8-1996 by Ord.
No. 1995; amended 12-8-2015 by Ord. No. 2635]
COMMERCIAL COMMUNICATION TOWER
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be commercial communication
towers.
[Added 8-8-1995 by Ord.
No. 1952; amended 12-8-2015 by Ord. No. 2635]
COMMERCIAL COMMUTER LOT
An off-street parking lot, designed and intended to provide
for the storage, for limited periods of time, of operable passenger
automobiles, and available to the public for compensation, or as an
accommodation to clients or customers.
[Added 3-12-2002 by Ord.
No. 2220]
COMMON OPEN SPACE
A parcel of land integral to a planned residential development
and subject to provisions which assure the continued availability
and maintenance of such open space for the use and benefit of the
residents of the planned development.
COMMUNITY USE
A school, playground or related recreation facility, public
building or public maintenance facility.
COMMUTE
A trip from home-to-work or work-to-home.
[Added 3-12-2002 by Ord.
No. 2220]
COMMUTER
One who travels regularly from home-to-work and then work-to-home.
[Added 3-12-2002 by Ord.
No. 2220]
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
CONDITIONAL USE
A specific exception to the standard regulations of this
chapter which requires approval by the governing body under terms
and procedures and with conditions prescribed herein.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
CONSTRUCTION/DEMOLITION WASTE
Solid waste resulting from the construction or demolition
of buildings and other structures, including but not limited to wood,
plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term also includes dredging waste. The term does not
include the following if they are separate from other waste and are
used as clean fill:
[Added 7-21-1993 by Ord.
No. 1843]
(1)
Uncontaminated dredging waste, soil, rock, stone, gravel, unused
brick and block and concrete.
(2)
Waste from land clearing, grubbing and excavation, including
trees, brush, stumps and vegetative materials.
CONTRACTOR'S YARD
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods, but not including the wrecking, salvaging, dismantling
or storage of junked automobiles and similar vehicles.
DEPARTMENT OF ENVIRONMENTAL RESOURCES
The Department of Environmental Resources of the Commonwealth
of Pennsylvania and authorized representatives. Also referred to as
"PADER" or "DER."
[Added 7-21-1993 by Ord.
No. 1843]
DEPENDENT DWELLING
An accessory dwelling unit attached to a principal one-family
house, installed and intended solely for the use of elderly parents
or other dependent, close relatives.
DEVELOPER
Any present or prospective landowner or agent of such landowner
who makes or causes to be made a development plan and an application
for a planned development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
[Amended 7-9-1996 by Ord.
No. 1988]
DEVELOPMENT PLAN
A graphic and written presentation of either a planned residential
development or a planned group unit, including a plat of subdivision,
and all provisions relating to use, location and bulk of structures,
intensity of development, streets, ways and parking facilities, common
open space and public facilities.
DISPOSAL AREA
The part of the site where disposal is occurring or will
occur.
[Added 7-21-1993 by Ord.
No. 1843]
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 12-8-2015 by Ord.
No. 2635]
DRIPLINE
The outermost edge of a roof including eaves, overhangs and
gutters.
[Added 1-8-2013 by Ord.
No. 2571]
DRIVE-IN RESTAURANT
A fast-food restaurant characterized by a limited menu and
primarily catering to drive-in traffic.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
ELECTRONIC FUEL PRICING SIGN
In addition to the 24 square feet per side, an electronic
message center secondary sign, single or double faced, with a black
background/face that includes provisions for multicolored, changeable
copy, electronic fuel pricing sign(s) may be permitted. The total
electronic fuel pricing sign(s) shall not exceed a maximum of 24 square
feet per side and must be calculated into the maximum permitted sign
area, not to exceed 225 square feet.
[Added 12-11-2012 by Ord.
No. 2566]
ELECTRONIC MESSAGE CENTER
A secondary sign with a black background/face that includes
provisions for changeable copy, multicolored, advertising an on-site
product/service/activity, public service message, time or temperature
sign.
[Added 1-11-2005 by Ord.
No. 2325; amended 12-11-2012 by Ord. No. 2566]
EMERGENCY
A condition that:
[Added 12-8-2015 by Ord.
No. 2635]
(1)
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
(2)
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
ESSENTIALLY DRY SPACE
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.
FACILITY
Land, structures and other appurtenances or improvements
where Municipal waste disposal or processing is permitted or takes
place.
[Added 7-21-1993 by Ord.
No. 1843]
FAMILY
Either an individual or two or more persons related by blood
or marriage or adoption or a group of not more than five persons not
so related (not counting servants) occupying a premises and living
as a single housekeeping unit as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
FCC
Federal Communications Commission.
[Added 12-8-2015 by Ord.
No. 2635]
FINAL CLOSURE
The date after which no further treatment, maintenance or
other action is or will be necessary at a Municipal waste processing
or disposal facility to ensure compliance with the Solid Waste Management
Act and Pennsylvania Department of Environmental Resources
regulations.
[Added 7-21-1993 by Ord.
No. 1843]
FLOOD-FRINGE DISTRICT
That area of the one-hundred-year floodplain not included
in the floodway district. The basis for the outermost boundary of
this district shall be the one-hundred-year flood elevations contained
in the flood profiles of the Flood Insurance Study.
FLOOD INSURANCE STUDY
A study prepared by the Federal Emergency Management Agency
for the National Flood Insurance Program dated October 4, 1995, which
includes Flood Insurance Rate Maps.
[Amended 7-9-1996 by Ord.
No. 1988]
FLOODPLAIN
A relatively flat or low land area which is subject to inundation
from the rapid accumulation of surface waters, including floodway
districts, flood-fringe districts and general floodplain districts.
FLOODPLAIN DISTRICT
A floodplain area for which no detailed flood profiles or
elevations are provided but where a one-hundred-year floodplain boundary
has been approximated. Such areas are shown on the Flood Boundary
and Floodway Map of the Flood Insurance Study.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
[Added 7-9-1996 by Ord.
No. 1988]
FLOODWAY DISTRICT
That portion of a floodplain delineated for regulation by
this chapter which must be reserved to discharge the waters of the
one-hundred-year flood without causing more than a one-foot rise in
flood heights. The areas included in this district are specifically
defined on Tables 1 through 6 of the Flood Insurance Study.
FLOOR AREA[Amended 4-11-1995 by Ord. No. 1938]
(1)
In a dwelling, the sum of the horizontal areas of all rooms
used for habitation but not including cellars, attics, unheated rooms
or rooms without either a skylight or window.
(2)
In a store, shop, restaurant, club or funeral home, the sum
of the horizontal areas of all space to which the customer has access
and excluding storage, office and other preparation or administrative
spaces.
FLOOR AREA RATIO
The ratio obtained when the gross floor area minus unoccupied
basement area is divided by the total lot area.
FOOD SERVICE ESTABLISHMENT
An area with seats and/or tables in which prepared food is
served for human consumption.
[Added 5-10-2011 by Ord.
No. 2516]
FRONT YARD DEPTH
The prescribed minimum open space extending across the entire
width of the lot between the front line of the building and the street
right-of-way.
FRONT YARD LINE
The lot line separating a lot from a street right-of-way.
[Added 3-9-1999 by Ord.
No. 2106]
GARDEN APARTMENT
A multiple-family residential structure containing three
or more dwelling units having a height no greater than three stories.
GAS
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarified state at standard temperature of 60° F. and pressure
14.7 PSIA, any manufactured gas, any by-product gas or any mixture
of gases.
[Added 10-14-2008 by Ord.
No. 2430; amended 12-9-2008 by Ord. No. 2437]
GAS STATION
A premises providing fuel and minor accessories and services
to automobiles, but not including major overhaul, spray painting,
recapping of tires or auto wrecking.
GOLF COURSE
A recreational facility, public or private, whose primary
purpose is the sport of golf, and may include within that facility
such associated accessory uses as driving ranges, putting courses,
clubhouse, pro shop, swimming pools, tennis court and restaurant.
[Added 2-9-1993 by Ord.
No. 1829]
GOVERNING BODY
The Council, Municipality of Monroeville, Allegheny County,
Pennsylvania.
GROSS FLOOR AREA
The sum of the horizontal area of all floors of a structure
and its accessory buildings, as measured between the exterior faces
of walls.
[Added 4-11-1995 by Ord.
No. 1938]
GROSS SURFACE AREA
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or figure or
similar character, together with any frame or other material or color
forming an integral part of the display or used to differentiate the
sign from the background against which it is placed, excluding necessary
supports or uprights upon which such sign is placed. For signs utilizing
individual letters or figures or characters mounted directly on the
wall or face of a structure, the "gross surface area" shall be the
entire area within a single continuous perimeter enclosing the extreme
limits of the writing, representation or other communication material.
[Added 8-13-1994 by Ord.
No. 1764]
GROUND-MOUNTED SYSTEM
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
[Added 1-8-2013 by Ord.
No. 2571]
GROUP DWELLING A
A dwelling facility operated for not more than eight persons,
including staff, living together as a single housekeeping unit.
GROUP DWELLING B
A dwelling facility operated for not more than 15 persons,
plus staff, living together as a single family or as a single housekeeping
unit.
GROUP DWELLING C
More than two and fewer than eight supervised apartments
in one multiple-family structure, each housing not more than four
persons, inclusive of an apartment occupied by staff persons to assist
and supervise the group of apartments so supervised.
HAZARDOUS MATERIAL
Any of the following materials or substances: acetone, ammonia,
benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric
acid, hydrocyanic acid, magnesium, nitric acid, nitric oxides, petroleum
products, phosphorus, potassium, sodium, sulphur, sulphur products,
pesticides, insecticides, fungicides and all poisons, flammable gases
and radioactive substances.
HAZARDOUS WASTE[Added 7-21-1993 by Ord. No. 1843]
(1)
Garbage, refuse or sludge from an industrial or other wastewater
treatment plant; sludge from a water supply treatment plant or air
pollution control facility; and other discarded material, including
solid, liquid, semisolid or contained gaseous material, resulting
from Municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or combination of the above,
which because of its quantity, concentration or physical, chemical
or infectious characteristics may do one of the following:
(a)
Cause or significantly contribute to an increase in mortality
or increase in morbidity in either an individual or total population.
(b)
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
(2)
The term does not include coal refuse as defined in the Coal
Refuse Disposal Control Act (52 P.S. §§ 30.51 to 30.101).
The term does not include treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on under and
in compliance with a valid permit issued under the Clean Streams Law
(35 P.S. §§ 691.1 to 691.1001). The term does not include
solid or dissolved material in irrigation return flows or industrial
discharges which are point sources subject to permits under Section
402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341)
or source, special nuclear or by product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011 to 2284).
HEIGHT
The vertical distance from basic grade at the front wall
of a structure to the highest point of the coping of a flat roof or
to the deck line of a mansard roof or to the mean height level between
eaves and ridge for gable, hip or gambrel roofs.
HEIGHT OF A COMMERCIAL COMMUNICATION TOWER
The vertical distance measured from the ground level, including
any base pad, to the highest point on a commercial communication tower,
including antennas mounted on the tower and any other appurtenances.
[Added 12-8-2015 by Ord.
No. 2635]
HOTEL
A structure or structures designed for occupancy primarily
as the temporary abiding place of individuals who are lodged with
or without meals, including auto courts, motels, motor hotels, motor
lodges, tourist courts and the like, in which structure or group of
structures:
[Amended 7-14-1998 by Ord. No. 2082]
(1)
There are more than six living or sleeping room units.
(2)
The major portion of the floor area is devoted to living quarters,
but incidental business may be conducted.
(3)
There may be meeting rooms, common dining facilities, swimming
pools, tennis courts and similarly ancillary recreational uses as
accessory uses or structures incidental to the hotel operation.
HOUSING FOR THE ELDERLY
A multiple-family apartment structure designed for and operated
for occupancy by elderly families and individuals, 60 years of age
or older, and conforming to all requirements of federal, state or
local laws and regulations pertaining to housing for the elderly.
HVAC
Equipment used to heat, cool or ventilate a structure.
[Added 1-8-2013 by Ord.
No. 2571]
IMPERVIOUS SURFACE
A surface area, which has been compacted or covered with
a layer of material so that it is resistant to infiltration by water.
It includes semipervious surfaces such as compacted clayey soils,
as well as most conventionally surfaced streets, roofs, sidewalks,
parking lots, and other similar surfaces. Net increase of impervious
surface refers to the difference between the existing impervious coverage
and the total impervious surface proposed.
[Added 1-8-2013 by Ord.
No. 2571]
INTERCONNECTION
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
[Added 1-8-2013 by Ord.
No. 2571]
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One-thousand kW are equal to one megawatt (MW).
[Added 1-8-2013 by Ord.
No. 2571]
LIGHT MANUFACTURING
The processing and fabrication of 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 manufacturing" includes the production of the following
goods: home appliances; electrical instruments; office machines; precision
instruments; electronic devices; timepieces; jewelry; optical goods;
musical instruments; novelties; wood products; printed material; lithographic
plates; type composition; machine tools; dies and gauges; ceramics;
apparel; lightweight nonferrous metal castings; film processing; light
sheet metal products; plastic goods; pharmaceutical goods; and food
products, but not animal slaughtering, curing or rendering of fats.
LIMITED OFFICE
Offices located within a structure having a floor area of
less than 4,000 square feet.
LOADING SPACE
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
LOCAL RESTAURANT
A restaurant other than a drive-in restaurant having a floor
area not greater than 3,000 square feet.
LOCAL RETAIL SHOP
Retail stores and personal service shops which cater to the
day-to-day needs of nearby residents and which can be located in close
proximity to residential neighborhoods without an adverse impact from
undue vehicular congestion, excessive noise or other objectional influences.
Such shops and stores include drugstores, beauty salons, barbershops,
dry-cleaning and laundry pickup facilities having a floor area of
less than 3,000 square feet and grocery stores of less than 8,000
square feet in floor area.
LOT
A parcel of land occupied or capable of being occupied by
one or more structures.
LOT, AREA OF
The horizontally projected area of a lot computed exclusive
of any portion of the right-of-way of any public thoroughfare.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines.
LOT OF RECORD
Any lot which, individually or as a part of a subdivision,
has been recorded in the office of the Recorder of Deeds of the county.
LOT, WIDTH OF
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.
LOT, ZONING
A parcel of land, fronting on a street, which is or may be
occupied by a main structure or a unit group of buildings with accessory
uses and structures and the open spaces required under this chapter,
including easement areas, if any, but not including any public or
private street or alley.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area. An unfinished,
flood-resistant partially enclosed area, used solely for parking of
vehicles, building access and incidental storage, in an area other
than basement area is not considered the lowest floor of a building,
provided that such space is not designed and built so that the structure
is in violation of the applicable nonelevation design requirements
of this chapter.
[Added 7-9-1996 by Ord.
No. 1988]
MAJOR EXCAVATION
Any grading, filling or other operation (other than in connection
with a foundation for a structure) involving:
(1)
Strip or other mining of coal or other minerals, excavating
of sand or rock and the crushing of rock, drilling for gas or oil,
recovery of metal or natural resources and similar operations;
(2)
Material alteration of the ground surface so as to affect streets
and recreation sites and other public facilities or physically affect
private property within 1,000 feet of the operation;
(3)
A volume of earth movement exceeding 10,000 cubic yards; or
(4)
A change in ground elevation exceeding 15 feet.
MANUFACTURING
The processing and fabrication of any article, substance
or commodity.
MEDICAL CLINIC
Any establishment where human patients are not hospitalized
overnight but are examined and treated by doctors or others who are
duly licensed to perform medical healing arts.
MEMBERSHIP CLUB
A chartered, nonprofit organization, the primary purpose
of which is the advancement of its members or of the community in
education, fraternal, cultural or civic pursuits and activities.
MINOR ARTERIAL HIGHWAY
A functional classification, established by the American
Association of State Highway and Transportation Officials (AASHTO),
for the grouping or categorizing of roadways according to the character
of service they provide as part of an overall highway system. Minor
arterials connect with and augment the principal arterial system;
more emphasis is placed on land access; they are important to intracommunity
continuity; and have lower traffic volumes than principal arterials
and includes: Center Road, Haymaker Road, James Street, Monroeville
Boulevard, Monroeville Road, Northern Pike, Old William Penn Highway,
Pitcairn Road, Stroschein Road, Thompson Run Road and Wilmerding-Monroeville
Road.
[Added 3-12-2002 by Ord.
No. 2220]
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements, nor shall "minor
repairs" include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MOBILE HOME
A prefabricated dwelling unit designed for transportation
on streets and highways on its own wheels or on a flatbed or other
trailer and arriving at the site where it is intended to be occupied
as a dwelling complete and ready for occupancy except for connection
to utilities and minor or incidental unpacking and assembly operations
and constructed so that it may be used with or without a permanent
foundation.
MOBILE HOME PARK
A planned residential development which is to be occupied
by two or more mobile homes.
MODULE
A module is the smallest protected assembly of interconnected
PV cells.
[Added 1-8-2013 by Ord.
No. 2571]
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 12-8-2015 by Ord.
No. 2635]
MUNICIPALITY
Municipality of Monroeville.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
MUNICIPAL LANDFILL INSPECTOR
Employee(s) of the Municipality of Monroeville certified
by the Department of Environmental Resources to act as a host Municipality
inspector of Municipal waste landfills with the following authority,
including to enter onto the property, inspect any records required
by the Department of Environmental Resources, collect samples and
conduct inspections in accordance with Department of Environmental
Resources regulations.
[Added 7-21-1993 by Ord.
No. 1843]
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and any other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, Municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of "residual waste" or "hazardous
waste" hereunder from a Municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
[Added 7-21-1993 by Ord.
No. 1843]
MUNICIPAL WASTE DISPOSAL OR PROCESSING FACILITY
A waste facility using land for disposing or processing of
Municipal waste. The facility includes land affected during the lifetime
of operations, including but not limited to areas where disposal or
processing activities actually occur, support facilities, buffer areas,
borrow areas, offices, equipment sheds, air and water pollution control
and treatment systems, access roads, associated on-site or contiguous
collection, transportation and storage facilities, closure and postclosure
care and maintenance activities and other activities in which the
natural land surface has been disturbed as a result of or incidental
to operation of the facility.
[Added 7-21-1993 by Ord.
No. 1843]
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of Municipal waste. The
facility includes land affected during the lifetime of operations,
including but not limited to areas where disposal or processing activities
actually occur, support facilities, buffer areas, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site or contiguous collection, transportation
and storage facilities, closure and postclosure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge,
as more specifically defined in Title 25, Chapter 271.1, of the Pennsylvania
Department of Environmental Resources regulations, as amended.
[Added 7-21-1993 by Ord.
No. 1843]
NATURAL ELEVATION
A topographic elevation present in or produced by nature
and undisturbed by man.
[Added 7-21-1993 by Ord.
No. 1843]
NET METERING AGREEMENT
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
[Added 1-8-2013 by Ord.
No. 2571]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after July 10, 1979, with the adoption of Ordinance No. 1192
by the Monroeville Council, and includes any subsequent improvements thereto.
[Added 7-9-1996 by Ord.
No. 1988]
NONCONFORMING LOT
A lot whose width, area or other dimension does not conform
to the regulations of this chapter and which was a lot of record or
lawfully existed at the time the regulations with which it does not
conform became effective.
NONCONFORMING STRUCTURE
Any structure or part of a structure legally existing at
the time of enactment of this chapter or any of its amendments which
does not conform to the provisions of this chapter.
NONCONFORMING USE
Any use or arrangement of land or structures legally existing
at the time of enactment of this chapter or any of its amendments
which does not conform to the provisions of this chapter.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
NURSING OR CONVALESCENT HOME
An institution for the care of persons who are residents
by virtue of requiring specialized care and supervision relating to
health, social and/or rehabilitative services. The facility shall
be licensed by the Commonwealth of Pennsylvania as a skilled or intermediate
care facility. The term shall not include hospitals, psychiatric hospitals
or alcohol and drug abuse rehabilitation centers.
[Added 5-11-1994 by Ord.
No. 1886]
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area which
may impede, retard or change the direction of the flow of water either
in itself or by catching or collecting debris carried by such water
or which is placed where the flow of the water might carry the same
downstream to the damage of life and property.
OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government and generally
furbished with desks, tables, files and communication equipment.
[Added 6-9-2009 by Ord.
No. 2455]
OIL or PETROLEUM
Hydrocarbons in liquid form at standard temperature of 60°
F. and pressure 14.7 PSIA.
[Added 10-14-2008 by Ord.
No. 2430; amended 12-9-2008 by Ord. No. 2437]
ONE-HUNDRED-YEAR FLOOD
A flood of such magnitude that it has only a one-percent
chance of occurring each year, although such flood may occur in any
year.
OPERATE
To construct a Municipal waste management facility in anticipation
of receiving solid waste for the purpose of processing or disposal;
to receive, process or dispose of solid waste; to carry on an activity
at the facility that is related to the receipt, processing or disposal
of waste or otherwise affects land at the facility; to conduct closure
and postclosure activities at a facility.
[Added 7-21-1993 by Ord.
No. 1843]
OPERATOR
The person or Municipality that operates a Municipal waste
processing or disposal facility.
[Added 7-21-1993 by Ord.
No. 1843]
PARKS AND RECREATION
A facility operated by a public agency, nonprofit agency
or homeowners' association to provide open space and recreational
facilities serving the neighborhood, the community or the general
public.
[Added 6-9-1987 by Ord.
No. 1571]
PERMIT
A permit issued by the Department of Environmental Resources
to operate a Municipal waste disposal processing facility. The term
includes a permit modification, permit reissuance and permit renewal.
[Added 7-21-1993 by Ord.
No. 1843]
PERMIT AREA
The area of land and water within the boundaries of the permit
which is designated on the permit application maps as approved by
the Pennsylvania Department of Environmental Resources. The area includes
the areas which are or will be affected by the Municipal waste processing
or disposal facility.
[Added 7-21-1993 by Ord.
No. 1843]
PERMITTEE and/or LICENSEE
A person in whose name a licensing permit to operate a sexually
oriented business has been issued, as well as the individual listed
on the application for a licensing permit.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
PERSONAL CARE HOME
A residential premises for ambulatory, elderly persons in
which food, shelter and personal assistance or supervision is provided
for a period exceeding 24 consecutive hours for more than three persons
who are not relatives of the operator and who require assistance or
supervision in such matters as dressing, bathing, diet or medication
prescribed for self-administration but do not require hospitalization
or care in a skilled nursing home or intermediate care facility as
defined in current state licensure requirements.
[Added 6-9-1987 by Ord.
No. 1571]
PERSONAL SERVICES
A commercial establishment providing such personal services
as hair dressing and cutting, clothes cleaning, laundering, shoe repair,
tailor shops and the like.
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly
into electricity.
[Added 1-8-2013 by Ord.
No. 2571]
PLANNED DEVELOPMENT
A planned group unit or planned residential development as
defined and regulated herein.
PLANNED GROUP UNIT
A zoning lot on which there is development of more than one
principal structure and built in accordance with a unified site development
plan which may provide for industrial, recreation and open space and/or
commercial uses and which is reviewed and approved in accordance with
the provisions of this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
At least five acres of land, controlled by one landowner,
to be developed as a single entity for a number of dwelling units,
the development plan for which does not correspond in lot size, bulk
or type of buildings, density, lot coverage and required open space
to the regulations established in any one residential district of
this chapter.
PLANNING AGENCY
The Planning Agency of the Municipality of Monroeville, Allegheny
County, Pennsylvania.
POSTCLOSURE
Activities after closure which are necessary to ensure compliance
with the Solid Waste Management Act and Pennsylvania Department of Environmental Resources
regulations, including application of final cover; grading; revegetation;
groundwater, surface water and gas monitoring; erosion control and
gas control; leachate treatment; and abatement of pollution or degradation
to land, water, air or other natural resources.
[Added 7-21-1993 by Ord.
No. 1843]
PRINCIPAL ARTERIAL HIGHWAY
A functional classification, established by the American
Association of State Highway and Transportation Officials (AASHTO),
for the grouping or categorizing of roadways according to the character
of service they provide as part of an overall highway system. Principal
arterial highways have high traffic volumes, carry the majority of
trips between regional activity centers and communities and provide
some access to property, and include the following roadways: Broadway
Boulevard/Route 130; Golden Mile Highway/Route 286; Mosside Boulevard/Route
48; and William Penn Highway/Route 22.
[Added 7-21-1993 by Ord.
No. 1843; amended 3-12-2002 by Ord. No. 2220]
PUBLIC BUILDING
A structure owned or leased and operated by a governmental
agency.
PUBLIC USE
A lot, building, structure or any combination thereof owned
and exclusively occupied by a federal, state or local governmental
agency.
[Added 5-12-1998 by Ord.
No. 2081]
REAR YARD DEPTH
The prescribed minimum open space extending across the entire
width of the lot between the back line of the building or accessory
structure and the rear lot line.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and, not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
[Added 7-9-1996 by Ord.
No. 1988]
RECREATION CLUB
A noncommercial facility operated by and for its members
and providing recreational facilities for the use of members and their
guests.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for, the operation of a commercial communication tower or commercial
communication antenna. By way of illustration, not limitation, related
equipment includes generators and base stations.
[Added 12-8-2015 by Ord.
No. 2635]
RESEARCH LABORATORY
A facility for applied research conducted within an enclosed
structure where no goods are produced in quantity.
RESIDUAL WASTE
Garbage, refuse, other discarded materials or other waste,
including solid, liquid, semisolid or contained gaseous materials,
resulting from industrial, mining and agricultural operations and
sludge from an industrial, mining or agricultural water supply treatment
facility, wastewater treatment or air pollution control facility,
if it is not hazardous. The term does not include coal refuse as defined
in the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51
to 30.101). The term does not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried
on under and in compliance with a valid permit issued under the Clean
Streams Law (35 P.S. §§ 691.1 to 691.1001).
[Added 7-21-1993 by Ord.
No. 1843]
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 6-9-2009 by Ord.
No. 2455]
SCREENING
A fence, evergreen hedge or wall at least six feet high,
provided in such a way that it will block a line of sight. The "screening"
may consist either of one or several rows of bush or trees or of a
constructed fence or wall.
SEAT
A fixed seat in a theater, auditorium or meeting room or
24 linear inches of an installed bench or pew or, in the absence of
these, six square feet of floor space in the seating area.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2)
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center or any
combination thereof.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
SHOPPING CENTER
A group of commercial establishments which is planned, developed,
owned and managed as a unit related in its location, size and type
of shops to the trade area that the unit serves.
SIDE YARD WIDTH
The prescribed minimum open space extending from the side
of any building or accessory structure to the side lot line throughout
the entire depth of the yard. Any lot line not a rear line or a front
line shall be deemed as a side line.
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 billboards, poster panels
or other graphic displays) designed to carry the above visual information.
SIGN FACE
The entire area on which graphic or written material or information
is placed for viewing in a single direction.
[Added 8-13-1994 by Ord.
No. 1764]
SINGLE-FAMILY RESIDENTIAL
A detached building having accommodations for and occupied
by not more than one family.
[Added 6-9-2009 by Ord.
No. 2455]
SITE
The area where Municipal waste processing or disposal facilities
are operated. If the operator has a permit to conduct the activities
and is operating within the boundaries of the permit, the "site" is
equivalent to the permit area.
[Added 7-21-1993 by Ord.
No. 1843]
SOLAR-BASED ARCHITECTURAL ELEMENT
Structural/architectural element that provides protection
from weather, that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV-related
equipment.
[Added 1-8-2013 by Ord.
No. 2571]
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
[Added 1-8-2013 by Ord.
No. 2571]
SOLAR PHOTOVOLTAIC (PV) SYSTEM
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and does not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
[Added 1-8-2013 by Ord.
No. 2571]
SOLID WASTE
Waste, including but not limited to Municipal, residual or
hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
[Added 7-21-1993 by Ord.
No. 1843]
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
(1)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3) above.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 12-8-2015 by Ord.
No. 2635]
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
STREET
A right-of-way intended primarily for vehicular traffic and
usually providing for utilities and pedestrian travel. A "street"
may be designated by other appropriate names, such as highway, thoroughfare,
boulevard, parkway, road, avenue, drive, lane or place.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
in addition to buildings, billboards, carports, porches and other
building features, but not including sidewalks, drives, fences and
patios.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged conditions would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 7-9-1996 by Ord.
No. 1988]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start or construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 7-9-1996 by Ord.
No. 1988]
(1)
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions;
or
(2)
Any alterations of an historic structure, provided that the
alteration will not preclude the structure's continued designation
as an historic structure.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
[Added 12-8-2015 by Ord.
No. 2635]
(1)
For communications tower outside the public rights-of-way, it
increases the height of the facility by more than 10%, or by the height
of one additional antenna array with separation from the nearest existing
antenna, not to exceed 20 feet, whichever is greater; for communications
towers in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater;
(2)
For communications tower outside the public rights-of-way, it
protrudes from the edge of the WCF by more than 20 feet, or more than
the width of the tower structures are the level off the appurtenance,
whichever is greater; for those communications tower in the public
rights-of-way, it protrudes from the edge of the structure by more
than six feet;
(3)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
(4)
It entails any excavation of deployment outside the current
site of the communications tower; or
(5)
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
SWIMMING POOL
A container of water used for swimming or bathing purposes
of any depth or size if wholly or partially sunk beneath adjacent
ground level. If erected above ground, the same shall be covered under
the terms of this chapter only if it has at least one dimension greater
than 15 feet or is more than 36 inches in depth. As herein defined,
the term "swimming pool" shall be deemed to be a structure.
TANDEM
A group of two or more arranged one behind the other or used
or acting in conjunction.
[Added 3-12-2002 by Ord.
No. 2220]
THEATER
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
[Added 8-10-1999 by Ord.
No. 2118]
TOPOGRAPHIC RELIEF
The vertical distance between the highest natural point on the proposed disposal area and the lowest natural point on the proposed disposal area (e.g., the difference in elevation of the highest natural point and the lowest natural point). A percentage of this difference is added to the highest natural point to establish the highest man-made elevation of the proposed disposal area at closure. As detailed in §
359-33BB(13) of this chapter, the maximum allowable additional topographic relief shall not exceed 100 feet.
[Added 7-21-1993 by Ord.
No. 1843]
TOWNHOUSE
A row of three or more attached one-family dwellings, separated
by vertical party or lot line walls, and each having private entrances.
[Amended 6-9-2009 by Ord.
No. 2455]
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
[Added 1-8-2013 by Ord.
No. 2571]
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
[Added 8-9-1994 by Ord.
No. 1898; amended 1-14-2003 by Ord. No. 2249]
(1)
The sale, lease or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
(3)
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
TWO-FAMILY HOUSE
A detached structure having accommodations for and occupied
by not more than two families.
UNREGULATED YARD AREA
Area not within a building and not in a defined setback or
yard area.
[Added 1-8-2013 by Ord.
No. 2571]
USE
The purpose for which land or a building is arranged, designed
or intended or for which land or a building is or may be occupied
or maintained.
VARIANCE
An authorization to vary slightly from the strict interpretation
of the standards of this chapter which may be granted by the Zoning
Hearing Board in accordance with law.
VEHICLE SALES AREA
The sale or leasing of automobiles, mobile homes, trucks,
recreational vehicles or farm equipment on a predominantly open lot
where no repair work except that which is minor and incidental to
the sale of vehicles is performed.
VEHICLE SALES ROOM
The sale or leasing of automobiles, mobile homes, trucks,
recreational vehicles or farm equipment within an enclosed structure
which may also include the servicing and maintenance of such vehicles
when conducted within a fully enclosed structure.
VETERINARY CLINIC
A facility where animals are treated by a licensed veterinarian
but are not boarded.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)
[Added 12-8-2015 by Ord.
No. 2635]
WELL
A bore hole drilled or being drilled for the purpose of or
to be used for producing, extracting or injecting any gas, petroleum
or other liquid related to oil or gas production or storage, including
brine disposal, but excluding bore holes drilled to produce potable
water to be used as such. The term "well" does not include a bore
hole drilled or being drilled for the purpose of or to be used for
systems of monitoring, producing or extracting gas from solid waste
disposal facilities, as long as the wells are subject to the Act of
July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management
Act," and do not penetrate a workable coal seam. The term also
does not include a bore hole drilled or being drilled for the purpose
of or to be used for degasifying coal seams if the following conditions
are satisfied:
[Added 10-14-2008 by Ord.
No. 2430; amended 12-9-2008 by Ord. No. 2437]
(1)
The bore hole is used to vent methane to the outside atmosphere
from an operating coal mine; and
(2)
The bore hole is regulated as part of the mining permit pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law," and the Act of May 31, 1945 (P.L. 1198, No. 418), known
as the "Surface Mining Conservation and Reclamation Act"; and
(3)
The bore hole is drilled by the operator of the operating coal
mine for the purpose of increased safety; or
(4)
The bore hole is used to vent methane to the outside atmosphere
pursuant to a state- or federal-funded abandoned mine reclamation
project.
WELL OPERATOR or OPERATOR
The person designated as the well operator or operator on
the permit application or well registration. Where a permit or registration
was not issued, the term shall mean any person who locates, drills,
operates, alters or plugs any well or reconditions any well with the
purpose of production therefrom. In cases where a well is used in
connection with the underground storage of gas, the term also means
a storage operator.
[Added 10-14-2008 by Ord.
No. 2430; amended 12-9-2008 by Ord. No. 2437]
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 12-8-2015 by Ord.
No. 2635]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 12-8-2015 by Ord.
No. 2635]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a commercial communication
tower or any other support structure that could support the placement
or installation of a wireless communications facility if approved
by the Municipality.
[Added 12-8-2015 by Ord.
No. 2635]
YARD
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground to the sky, not occupied by a structure
or used for parking or storage, except as otherwise provided, and
not including any portion of a street or alley.
ZONING OCCUPANCY PERMIT
A document issued by the Zoning Officer upon completion of
the construction of a structure or change in use of a structure or
parcel of land or change of occupancy of a structure and indicating
that the use and structure are in compliance with the ordinances of
the Municipality having jurisdiction over the location of such use
or structure, that all conditions attached to the granting of the
zoning certificate have been met and that the structure and land may
be occupied and used for the purposes set forth in the zoning permit.
ZONING PERMIT
A document issued by the Zoning Officer stating that a proposed
use or development will be in compliance with this chapter and authorizing
the applicant to proceed to obtain all required building permits.