All words used in this chapter shall carry their
customary dictionary definitions as provided in the most recent edition
of Webster's Collegiate Dictionary, except where specifically defined
herein. Words used in the present tense shall include the future.
The singular number shall include the plural, and the plural the singular.
The word "shall" is always mandatory and not permissive; the word
"may" is permissive. The words "used" or "occupied," as applied to
any land or structures, shall be construed to include the words "intended,
arranged or designed to be used or occupied." The word "person" shall
include the individual, corporation, partnership, incorporated association
or any other entity. Words in the masculine gender shall include the
feminine gender. The words "includes" and "including" shall not limit
the defined term to the specific examples but are intended to extend
the term's meaning to other instances of like kind and character.
[Amended 9-20-2006 by Ord. No. 713-06; 11-17-2010 by Ord. No.
817-10; 3-16-2011 by Ord. No. 827-11; 12-21-2011 by Ord. No. 846-11]
For the purpose of this chapter, certain terms
and words are hereby defined as follows:
The relinquishment of property, or a cessation of the use
of the property, by the owner or lessee without any intention of transferring
the rights to the property to another owner or of resuming the use
of the property.
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and which may occupy a separate structure
and/or area on or in the ground, including but not limited to storage
sheds, barns, detached garages or other storage structures; off-street
parking; signs; off-street loading; gazebos; children's playhouses;
greenhouses for personal use; garages; swimming pools; decks; fences;
patios and similar structures.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use. An accessory use
has the characteristics of being commonly, habitually, and by long
established practice reasonably associated with the principal or primary
use.
Any establishment having as 25% or more of its stock-in-trade,
books, magazines, films or videos for sale or viewing on the premises
by use of any motion picture, videocassette or other coin-operated
means, and other periodicals that are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas.
Any establishment having 25% or more of its stock-in-trade
or service providing any goods or services that are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas. Such uses shall include adult bookstores, adult motion-picture
theaters, adult hotel, adult entertainment cabaret, adult videocassette
rental and sales outlet, adult massage parlors or other adult uses.
A day-care facility, licensed by the state, that is maintained
for the whole or part of a day for the care or supervision of adults
and providing day-care services, including monitoring of clients,
social and recreational services, food and nourishment, custodial
services and/or health support services. The operation of the facility
shall not include overnight occupancy by the clients. Adult day care
may be operated within structures on church premises or publicly owned
community centers, provided such uses are lawfully permitted and operating
in the underlying zone district.
Any public or private establishment that features topless
dancers, strippers, male or female impersonators or similar entertainers.
Any place of business where any person, partnership, firm,
association or corporation engages in or carries on or permits to
be engaged in or carried on any method of pressure on, friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
parts of the body, relating to specified sexual activities or specified
anatomical areas, with the hands or with the aid or any mechanical
apparatus or electrical apparatus or appliance, with or without such
supplementary aids as rubbing alcohol, oil or other such items.
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
An enclosed building used more than 25% of the time it is
open for business for presenting motion-picture, video or similar
media distinguished or characterized by its emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An establishment that has 25% or more of its stock in videocassettes
and/or video discs for rental or sale and that excludes minors by
virtue of age.
Any business, activity or use similar to or of the general
nature of adult bookstores, adult motion-picture theaters, adult entertainment
cabarets or adult massage parlors that provides goods or services
distinguished or characterized by their emphasis on specified sexual
activities or specified anatomical areas, such as escort bureaus,
nude wrestling studios, phone sex services, Internet sex services,
spas and studios.
Any principal or accessory use of land, or water, used for
farming, agriculture, horticulture, floriculture, arboriculture or
aquaculture.
Any business establishment related to the processing and/or
sale of agricultural products or supplies.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress or an enlargement,
whether by enlarging the building footprint size, increasing height,
or repositioning an existing structure.
An establishment for the medical or surgical treatment of
animals, including the boarding of hospitalized animals.
The breeding, raising or care of animals or livestock, including
fowl and aquatic animals, but not including household pets as defined
in this chapter.
A retail establishment which provides for one or more of
the following activities:
The following operations, if conducted within
a "completely enclosed building" as defined by this chapter: lubrication
of motor vehicles; replacement of exhaust systems; brake servicing
limited to servicing and replacement of brake cylinders, lines and
brake shoes; wheel balancing; the testing, adjustment and replacement
or servicing of carburetors, filters, generators, points, rotors,
spark plugs, voltage regulators, water and fuel pumps, water hoses
and wiring.
The operation of a convenience food store, provided
retail sale of petroleum products is a part of the operation.
The servicing of motor vehicles and operations
incidental thereto and limited to the retail sale of petroleum products,
and which may include one or more of the following activities: retail
sales and installation of automotive accessories; automobile washing
by hand; undercoating and rustproofing; waxing and polishing of automobiles;
tire changing and repairing (excluding recapping); battery service,
changing and replacement, excluding repair and rebuilding; radiator
cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; and state inspection.
A business which sells alcoholic beverages for consumption
on the premises as the principal use and which may offer food for
consumption on the premises as an accessory use.
A flood that has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
A combination of materials forming any structure that is
erected on the ground and permanently affixed thereto, designed, intended
or arranged for the shelter, enclosure, housing or structural support
of persons, animals, processes, equipment, goods or materials of any
kind. "Building" shall not include driveways, parking spaces or parking
lots.
The vertical distance from the average adjacent grade to
the highest point of the coping of a flat roof or to the deckline
of a mansard roof or to the mean height level between eaves and ridge
for gable, hip and gambrel roofs.
A building or structure in which or by which is conducted
the main or principal use of the lot.
A sign bearing the name of the occupant of a premises and
the name of products manufactured, processed, sold or displayed thereon.
Any office of recognized professions, including, without
limitation, lawyers, architects, engineers, real estate brokers, insurance
agents, medical offices, dental offices and others who, through training,
are qualified to perform services of a professional nature and other
offices used primarily for accounting, corresponding, data research,
editing or other administrative functions, but not including banks
or other financial institutions.
A business or professional office that contains more than
10,000 gross square feet of floor area.
A business or professional office that contains 10,000 or
less gross square feet of floor area.
Any activity conducted for gain that renders services primarily
to other commercial or industrial enterprises or which services and
repairs appliances and machines used in homes or business.
A unit of measurement of light intensity of light. An ordinary
wax candle generates one candela.
A facility, whether automatic, semiautomatic or manual, for
washing and polishing vehicles.
Property used for interring of dead persons or domestic pets,
including mausoleums and columbariums, but not including crematoriums.
An establishment, by whatever name known, that provides for
the whole or part of a day for the care of any number of children
under the age of 16 years and not related to the owner, operator or
chief administrator thereof, whether such facility is operated with
or without compensation for such care and with or without stated educational
purposes, and holding a valid state license for the operating of a
child-care center. The term shall include facilities commonly known
as "day-care centers," "day camps," "centers for mentally retarded
children" and those facilities that give a maximum of 12 hours' care
for dependent and neglected children, and shall include those facilities
for children under the age of six years, with stated educational purposes,
operated in conjunction with a public, private or parochial college
or a private or parochial school, except that the term shall not apply
to a kindergarten maintained in connection with a public, private
or parochial elementary school system of at least six grades; provided,
further, that the term "kindergarten" shall mean any facility providing
an educational program for children only for the year preceding their
entrance to the first grade, whether such facility is called a kindergarten,
nursery school, preschool or by another name.
A building, together with its accessory buildings and uses,
that is primarily used as a place where persons regularly assemble
for religious worship activities. This term includes similar uses
such as synagogue, temple, or mosque. Buildings primarily used for
residential purposes that have not undergone any interior or exterior
structural modification to accommodate group assembly, and with no
external evidence that advertises the activity, shall not be considered
a church if used for worship services.
Any vehicle used in or for, designed for or adapted to use
in a business or trade activity of any kind or any construction, excavating,
earthmoving or similar equipment or any of the following specifically
designated vehicles or motor vehicles as defined in the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 101 et seq.: truck, truck tractor,
trailer, special mobile equipment, bus and school bus, excepting those
vehicles utilized for approved on-site construction or earthmoving
activities.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site that is designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A homeowners' association organized to own, maintain, and/or
operate common facilities and to promote, enhance and protect their
common interests.
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 which are designed so that they
may be closed and any other small openings required for the ventilation
system.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
An agricultural operation where the animal density exceeds
two animal equivalent units (AEU) per acre on an annual basis. An
AEU is 1,000 pounds of live weight of any animal.
A use authorized by this chapter which may be granted only
by the Council following review by the Planning Commission and a public
hearing, subject to express standards and criteria contained in this
chapter.
A structure designed, used or constructed to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and which may include the storage
of materials, equipment and vehicles, provided all materials, equipment
and vehicles are stored within a completely enclosed building.
An establishment which may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis, but which involves the outdoor storage of all or part of the
materials, equipment or vehicles used in the business.
The governing body of the Municipality of Murrysville, Westmoreland
County, Pennsylvania.
A location containing properly installed and certified apparatus
intended for use in the act of cremation.
An establishment providing care and training, on a regular
basis, for more than six children, elderly or persons with disabilities
not related to the caretaker and holding a valid state license for
the operation of a day-care center.
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care, on
a regular basis during part of a twenty-four-hour day, of children
under the age of 16 or handicapped or elderly persons.
Final adjudication by the Zoning Hearing Board or Council
of matters subject to any land use ordinance, either by reason of
the grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
Westmoreland County, Pennsylvania.
A measure of the number of dwelling units that occupy or
may occupy an area of land.
Numerical values applied to residential dwelling unit types
for the purpose of computing permitted densities.
The number of dwelling units in relation to an area of land
actually in use or proposed to be used for residential purposes, excluding
public rights-of-way but including interior parking areas and access
lanes, sidewalks, parks, playgrounds, common open spaces, etc.
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, streets, infrastructure areas (e.g., common
parking areas, streets, sidewalks, detention ponds, common open space,
playgrounds, parks, etc.) and environmentally sensitive areas (e.g.,
wetlands, floodplains, steep slopes, etc.).
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereof.
Determinations shall be appealable only to the board(s) designated
as having jurisdiction for such appeal.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land.
A curb cut on or a private driveway leading directly to a
public street right-of-way. In the case of the requirement for direct
vehicular access to an arterial or collector street, the point of
access shall be onto the arterial or collector street without traversing
any other public street right-of-way.
Signs that provide direction or instruction to guide persons
to facilities intended to serve the public, provided that such signs
contain no advertising of any kind.
The administrative tracts of the Municipality designating
the uses to which land can legally be utilized. Boundaries of the
districts are shown on the District Map which is part of this chapter.
Any principal use or accessory use which 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.
A facility or institution, whether public or private, engaged
in providing counseling, treatment or health maintenance services
to persons addicted to drugs and/or alcohol. Any such use, whether
located on a separate lot, parcel or building or associated with any
other use on the same lot, parcel or building, shall be subject to
all applicable provisions of this chapter.
Any building or portion thereof, including but not limited
to those totally or partially premanufactured off the site to be occupied,
that is designed for or used for residential purposes. Dwelling types
are as follows:
SINGLE-FAMILY DETACHEDA dwelling unit accommodating a single family and having two side yards.
TWO-FAMILY DWELLINGA residential building which 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, including double houses and duplexes.
TRIPLEXA residential building designed exclusively for occupancy by three families living independently of each other, containing three dwelling units, each having independent access directly to the outside and having no other units above or below.
FOURPLEXA residential building designed exclusively for occupancy by four families living independently of each other, containing four dwelling units, each having independent access directly to the outside and having no other units above or below.
TOWNHOUSEThree or more attached dwelling units in which each unit extends from the foundation to the roof and with open space on at least two sides.
GARDEN APARTMENTDwelling units which are located one over the other and which are generally built to a height of three stories but may conceivably be built to a height of only two stories. Each dwelling unit is accessible by a common stairwell.
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 triplexes, fourplexes, townhouses, and apartments.
APARTMENTA multifamily residential building containing dwelling units which are located one over the other.
GROUP-CARE FACILITYA group living arrangement licensed by the commonwealth that provides room and board and specialized services to permanent residents that exceed the number authorized in the definition of "family" or that fail to meet the criteria for the group living arrangement established in the definition of "family," but not including any short-term or transient residents as regulated by the definition of "transitional dwelling."
PERSONAL CARE BOARDING HOMEA dwelling licensed by the commonwealth where room and board is provided to more than three permanent residents who are not relatives of the operator and who are mobile or semimobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing or intermediate nursing care.
TRANSITIONAL DWELLINGA dwelling unit occupied on a short-term basis by persons assigned by a court of law, or referred by a public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, maternity homes, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
Any activity conducted for gain that is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller-skating rinks, miniature golf, golf driving ranges,
commercial swimming pools, carnivals and related uses.
An area of land devoted to the storage, whether temporary
or permanent, of construction equipment, farm equipment or other heavy
equipment or vehicles in excess of 26,000 pounds GVW.
A space that 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.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, communication, steam or water transmission,
distribution, collection, supply or disposal systems, including poles,
wires, mains, drains, sewer pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, hydrants, and other similar equipment,
any buildings, structures, and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies or for
the public health, safety or general welfare, but not including broadcast
transmission towers and broadcast transmission antennas as defined
herein, and buildings, except telephone control office buildings and
telephone booths, that shall also be considered as essential service
facilities hereunder.
Buildings or structures, as defined herein, devoted to essential
services, as defined herein, and those structures not specifically
enumerated under the definition of "essential services," including
but not limited to natural gas regulator building, sewage pump stations,
electrical substations and similar structures housing equipment needed
for delivery of an essential service.
A place that comprises an economic unit, generally at a single
physical location, where business is conducted or services or industrial
operations performed.
Any individual or two or more persons related by blood, marriage,
legal adoption, foster placement, guardianship, other domestic bond
or a community living arrangement or a group of not more than three
persons not related by blood, marriage, legal adoption, foster placement,
guardianship, other domestic bond or community living arrangement
who live together as a single household, sharing common cooking facilities
and bathrooms. A family shall not be deemed to include occupants of
a boardinghouse, rooming or lodging house, fraternity, sorority, or
hotel.
A structure designed for the purpose of enclosing space or
separating parcels of land.
A bank, savings and loan association or similar institution
that lends money or is engaged in a finance-related business.
A parcel accessed through a strip of land extending from
a right-of-way, either publicly maintained or otherwise improved to
municipal standards as approved by Council, wherein the strip of land
bears less than the minimum frontage required along the aforesaid
right-of-way by this chapter but no less than 25 feet of said frontage,
as expressly approved through the Subdivision and Land Development
Ordinance, as adopted and amended.[2]
Giving off light suddenly or in transient bursts or where
the frequency and manner of light changes are unrelated to the regular
operation of the sign as otherwise authorized in this chapter or the
regular activation or deactivation of authorized external or internal
illumination.
A building or open area in which stalls or sales areas are
set aside and rented or otherwise provided to be used by sellers for
the sale of goods to the public at retail, which stalls or sales areas
are not owned by the sellers who occupy them and are not subject to
long-term leases.
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazard and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area adjoining a river, stream
or watercourse that is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation or runoff of
surface waters from any source.
An overlay district specifically designated in this chapter
as being inundated primarily by the one-hundred-year flood. Included
would be areas identified as Floodway District (FW), Flood-Fringe
District (FF) and General Floodplain District (FA).
Any combination of structural and nonstructural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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.
The preparation of food products for retail sale on the premises.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
Forestry activity which disturbs more than one acre of land.
Forestry activity which disturbs one acre or less of land.
A place or premises devoted to or used in the care and preparation
for the funeral and burial of dead human bodies and maintained for
the convenience of the bereaved for viewing or other services in connection
with dead human bodies and as an office or place for carrying on the
profession of funeral directing but not cremation.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, leasing,
selling or storing motor-driven vehicles.
A retail establishment that sells flowers, plants, trees
and other natural flora and products which aid their growth and care
and which may include a greenhouse or the growing of plant material
outside on the lot.
Excessive brightness in the field of view that causes loss
in visual performance or annoyance, so as to jeopardize health, safety
or welfare
A recreational facility which has a course, with a minimum
of nine regulation-size holes, for playing golf as its principal use
and which may have a clubhouse, locker rooms, restaurant, swimming
pool, pro shop, facilities for racquet sports, maintenance facilities
and similar facilities as accessory uses.
A linear open space established along any natural corridor
such as a watercourse, ridgeline or overland along a railroad right-of-way
converted to recreational use, a canal, a scenic road, or other route;
any natural or landscaped course for pedestrian or bicycle passage;
an open space connector linking parks, natural reserves, historic
features, cultural features, scenic views, wildlife corridors, or
aesthetic features with each other and with populated areas; and locally,
certain strip or linear parks designated as a "parkway" or "greenbelt."
The total square footage of all floors within the perimeter
of the exterior walls.
Any plant species whose purpose is to provide a natural covering
of areas required to be landscaped, such as grass and small plants
with a height of less than two feet at planting as measured from the
base. Nonplanted materials, such as mulch and decorative rocks, may
be used as ground cover.
A facility or institution, whether public or private, principally
engaged in providing outpatient services for health maintenance, rehabilitation,
and the treatment of mental or physical conditions, but not including
drug and/or alcohol treatment facilities.
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials or any manufacturing
process not included in the definition of "light manufacturing" or
"high-technology industries."
Consists of trees of a deciduous nature with a minimum height
of six feet at planting and a caliper of 1Â 1/2 inches at planting
and trees of an evergreen nature with a minimum height of six feet
at planting. All measurements and plant quality shall be consistent
with the American Standards for Nursery Stock published by the American
Association of Nurserymen, Inc., Washington, D.C.
The assembly of component parts or the production of finished
products including computer components and accessories; electrical
parts, accessories and equipment; including but not limited to laboratory
apparatus; robotics; optical instruments; precision instruments; surgical,
medical and dental instruments and supplies; timers and timepieces;
search, detection and navigational equipment; musical instruments;
and photographic equipment and accessories.
A street or road that serves major center(s) of activity
(traffic generators), serves the highest traffic volume corridors
and serves the longest trip destinations.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein, provided that the home occupation is clearly incidental
and secondary to the use of the principal building as a dwelling.
A facility or institution licensed by the appropriate state
agency, whether public or private, principally engaged in providing
inpatient and outpatient services for health maintenance and the treatment
of mental or physical conditions, but not including drug and/or alcohol
treatment facilities.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation and which includes an office
supervised by a person in charge at all hours. As such, it is open
to the public in contradistinction to a boardinghouse, a lodging house
or an apartment, which are herein separately defined.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Surfaces with a coefficient of runoff greater than 0.85,
including all buildings, roofed areas, parking areas, driveways, streets,
sidewalks and areas paved in concrete and asphalt and any other areas
determined by the Municipal Engineer to be impervious within the meaning
of this definition.
The percentage of the total lot area covered by impervious
surfaces, as defined herein.
A development that is approved when under unified control
but projected to consist of separately owned and/or leased business
office headquarters/operations and sharing a common entranceway.
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in scrap metals, building materials, scrapped or used appliances or
other household goods, fixtures, vehicles and vehicle parts, machinery
and machinery parts or other forms of discarded materials.
COMMERCIAL KENNELA facility for the boarding of animals, the breeding of small animals such as dogs and/or cats, or the boarding, grooming, sale or training of small animals such as dogs and/or cats for which a fee is charged.
NONCOMMERCIAL KENNELAny establishment where small animals such as dogs and/or cats are kept within or adjoining a private residence for the noncommercial purpose of hunting or exhibition in shows or field trials or obedience training; such use may be an accessory use to a residential use if the breeding of offspring is limited to one litter per year. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club or similar organization, may be sold at such kennels and shall not be considered a commercial activity for the purpose of this chapter. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot upon which the kennel is located.
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively;
A single nonresidential building on a lot or
lots regardless of the number of occupants or tenure, including any
change of use or structural alteration which results in an increase
in total lot coverage by structures and/or paving of 5,000 square
feet or more; 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.
An ongoing or completed operation and related activities
involving or primarily connected with reshaping of land, including
grading, removal of trees, vegetation or other natural ground cover,
transportation of fill or other material for disposal purposes and
surfacing of land.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
The minimum square footage of lot area that is available
for the use of the residents of a dwelling unit complex in which it
is located or a part of the required area of a commercial or industrial
development. This area must be both unsurfaced and water absorbent,
and no more than 1/3 of this total space footage requirement may be
made up of the area located within the setback requirements for the
front, side or rear yards of the complex.
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, water pollution,
fire hazard or noxious emissions which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, 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, food products, not including animal slaughtering, curing or
rendering of fats, and similar activities.
Animals useful to man, but not including common household
pets such as cats, dogs and small birds, that are kept or maintained
for sale, lease or personal use, including but not limited to: dairy
animals, poultry, beef cattle, sheep, swine, horses, ponies, mules,
goats or any mutations or hybrids thereof. "Livestock" shall also
include bees, animals raised for fur, farm-raised deer, bison or other
nondomestic animals raised for providing meat for human consumption.
Horses, cattle, mules, sheep, goats, llamas, pigs and any
other animal, other than a dog, that weighs more than 100 pounds when
fully grown.
A space within the main building or on the same lot therewith
providing for the standing, loading or unloading of trucks and having
a minimum dimension of 12 feet by 40 feet and a vertical clearance
of at least 14 feet.
A designated parcel, tract or area of land established by
a plat, occupied or intended for occupancy by a use permitted in this
chapter, and having its principal frontage upon a street or upon an
officially approved place.
The total land within the lot line, exclusive of the area
within any street.
The ratio of enclosed ground floor area of the principal
buildings to the horizontally projected area of the lot expressed
as a percentage.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or other public space.
That lot line which is parallel with the street center line
or the street right-of-way line. In the case of a lot which has no
frontage on a street, the front lot line shall be the lot line through
which vehicular access is provided, regardless of which way the dwelling
faces.
That lot line which is generally opposite the front lot line.
Any lot line which is not a front lot line or rear lot line.
In the case of a corner lot, each lot line other than a front yard
shall be considered a side yard.
Any lot that individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of the county.
The straight-line distance between the point of intersection
of the front building line with the side lot lines.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
The width of a lot measured on the street line between side
lot lines.
The area of a lot computed exclusive of any portion of the
right-of-way of any public thoroughfare.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage, in an area other than a 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.
Consists of shrubs and any other plant species that is greater
than two feet in height at planting and less than six feet in height
at planting. All measurements and plant quality shall be consistent
with the American Standards for Nursery Stock published by the American
Association of Nurserymen, Inc., Washington, D.C.
Any operation, other than as controlled by the Land Operations
Ordinance,[3] involving strip or other mining of coal or other minerals,
dirt or soil; excavating of sand, rock or clay and the processing
thereof; sanitary or other fills; recovery of metal or natural resources;
and material alteration of the ground surface so as to affect streets,
recreation sites, public facilities or private property to the extent
of more than 5,000 cubic yards of earth movement, covering more than
three acres of land or having cut or fill depth exceeding eight feet
measured vertically.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, and recreational and
other similar vehicles that are placed on a site for more than 180
consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
All maps, plans and development plans shall be in standard
engineering or architectural form containing a title block with the
same executed and sealed by a registered engineer, landscape architect
or architect, as the case may be.
See "adult massage parlor" or "therapeutic massage parlor."
A nonprofit social organization with established formal membership
requirements, bylaws, and with the objective of promoting the interests
of its members.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
The development or extraction of mineral deposits, including
but not limited to limestone, coal, sand, rock, clay, dirt, gravel,
natural gas and other materials, and quarry aggregate from their natural
occurrences on affected land. The term includes but is not limited
to open pit mining and surface operations, strip mining, quarrying,
dredging, pumping and the disposal of refuse therefrom. Mining of
previously mined sites for the purpose of reclaiming the land shall
be considered a separate use from new mining operations on sites that
have never been previously mined. This term shall not include the
extraction of crude oil and/or natural gas.
Any and all fabricated structures used or normally associated
with strip mining, open pit mining, deep mining, and sand, gravel
or clay removal, including but not limited to hoists, ventilating
units, tipples and collieries.
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.
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 of or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A building or structure wherein a variety of complementary
and integrated uses that individually are authorized in the district
in which the mixed-use building is located are conducted, such as,
but not limited to, residential, office, retail, public or entertainment.
A transportable single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, that arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home that is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership that has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
The Franklin Township Municipal Sanitary Authority.
Building structures and land owned and occupied by the Municipality
of Murrysville or any of its agencies and used to provide services
to the residents of the Municipality. Municipal facilities may include
but not be limited to municipal administrative offices, public works
buildings, storage yards, libraries, fire company building and grounds,
ambulance service buildings and grounds, senior centers, recreation
facilities and parks and buildings.
An area maintained in a natural state for the preservation
of both animal and plant life. A nature reserve may include improvements
such as an unpaved parking lot, fences, exempt signs and pedestrian
trail improvements.
Structures for which the start of construction commenced
on or after February 17, 1982, and includes any subsequent improvements
thereto. NOTE: This definition pertains only to the floodplain regulation
provisions of this chapter.
A measurement of luminance used primarily to indicate an
LED display's brightness. One NIT is equal to one candela per square
meter (1 cd/m2).
A business of commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customers, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use.
A lot that fails to meet the area or width requirements at
the effective date of adoption or amendment of this chapter.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in this chapter or an
amendment thereto heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include but
are not limited to nonconforming signs.
A use, whether of land or of a structure, that does not comply
with the applicable use provisions in this chapter or an amendment
thereto heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of this chapter or amendment or
prior to the application of this chapter or amendment to its location
by reason of annexation.
A social service, charitable or educational entity that holds
current tax-exempt status from the Internal Revenue Service, derives
more than 50% of its operating funds from charitable donations or
public donations and can demonstrate that such funds are used to achieve
the objects and purposes of the organization as stated in its articles
of incorporation as a tax-exempt organization.
An interference with the enjoyment and use of property.
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 and treatment
of drug or alcohol addiction.
A group of commercial establishments, primarily comprised
of professional offices, warehousing and distribution, and manufacturing
facilities, which is planned, developed, owned and managed as a unit
related in its location and size, including independently owned and
managed outparcels which are accessed solely through the access drive
or drives serving the core of the center, which includes less than
20,000 square feet of exclusively retail uses, including but not limited
to restaurants, small professional offices, and commercial schools,
and indoor commercial recreation establishments.
A use where day-to-day business and/or professional affairs
are conducted.
A flood that, on the average, is likely to occur once every
100 years, i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year.
A space unoccupied by buildings, structures or impervious
surface and open to the sky on the same lot with the building.
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter. For purposes
of surfacing, the parking area shall include the access thereto.
Any lot, parcel or yard used in whole or in part for the
storage or parking of two or more vehicles where such usage is not
incidental to or in conjunction with a single-family or two-family
dwelling.
A study done in accordance with the guidelines of the Institute
of Transportation Engineers, prepared by or under the supervision
of a transportation engineer, at the expense of the applicant, demonstrating
that parking proposed is sufficient to meet peak-hour trip generation.
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever that is recognized
by law as the subject of rights and duties.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 consecutive
hours for more than three adults 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
who do not require hospitalization or care in a skilled nursing or
intermediate care facility, as defined in current state licensure
requirements.
Any enterprise conducted for gain that primarily offers services
to the general public, such as shoe repair, valet service, watch repairing,
barbershop, beauty parlors and related activities.
A unified site development containing a defined maximum number
of dwelling units on a minimum five-acre site, with standards as defined
for this conditional use.
The Planning Commission of the Municipality of Murrysville.
The cultivation of crops, fruit trees, nursery stock, truck
garden products and similar plant materials for gain.
Signs announcing political candidates seeking public office,
political parties and/or political and public issues contained on
an upcoming ballot.
A covered area, attached to the principal building, that
exceeds four feet by five feet or 20 square feet in area at a front,
side or rear door and which provides direct access to the principal
building.
The physical location where any use is carried on. Premises
may be a lot, building or structure.
The use of a lot or building, as defined under the use classifications
of this chapter. There may be, in districts other than single-family
residential, two or more principal uses and/or buildings, provided
that the same comply with the Subdivision and Planned Residential
Development Ordinances.
A formal meeting held pursuant to public notice by the governing
body, the Planning Commission or the Zoning Hearing Board, intended
to inform and obtain public comment prior to taking action in accordance
with this chapter.
Public land and buildings devoted solely to the maintenance
and storage of equipment and materials.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84, as amended), known as the "Sunshine Act."[4]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Municipality. Such notice
shall state the time and place of a public hearing or meeting and
the particular nature of the matter to be considered at said hearing
or meeting. The first publication shall not be more than 30 days and
the second publication shall not be less than seven days from the
date of said hearing or meeting.
Land or buildings used for rescue and fire protection and
land or buildings owned or leased by the Municipality, municipal authorities,
school district, school authorities or any governmental agency or
board used for such, such as public schools, administrative buildings
and cultural or service buildings, and land owned and uses operated
by a conservancy agency, but not including owned or leased public
land or buildings devoted solely to the storage and maintenance of
equipment and materials.
An indoor establishment operated by a profit-making corporation,
partnership or other business entity for the pursuit of sports and
recreational activities, available to the general public for a fee,
including but not limited to such establishments as arcades, bowling
alleys, ice and roller rinks, indoor batting practice facilities,
indoor shooting facilities, indoor racquet clubs, indoor swimming
pools, theaters and similar facilities.
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.
An outdoor establishment operated by a profit-making corporation,
partnership or other business entity for the pursuit of sports and
recreational activities, available to the general public for a fee,
including but not limited to such establishments as miniature golf,
golf or batting practice facilities, rifle and other shooting and
hunting facilities, playing fields, racquet clubs, swimming pools,
amusement parks, amphitheaters and similar facilities.
A vehicle that 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
or an automobile; and not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1Â 1/2 feet.
Any establishment, including laboratories, which 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 which may include supporting storage
and transportation facilities.
A residence offering child day-care and/or adult day-care
services to a maximum of six persons unrelated by birth or marriage
or occupancy to the resident household. A resident of the household
is required to be the operator of the use.
An establishment which offers food and beverages for sale
and consumption either on or on and off the premises as the principal
use and may serve alcoholic beverages for consumption on the premises
as an accessory use.
Any establishment of 7,500 gross square feet or greater,
not otherwise specifically defined in this article, that sells, on
the premises, commodities and/or services directly to consumers, but
not including the manufacturing or processing of any products.
Any establishment of less than 7,500 gross square feet, not
otherwise specifically defined in this article, that sells, on the
premises, commodities and/or services directly to consumers, but not
including the manufacturing or processing of any products.
A general term denoting a public way for purposes of vehicular
travel and installation and maintenance of utilities.
Setback distance in this chapter may vary according to the
designated function of the roadway. The five classifications that
shall be used are: major arterial, minor arterial, collector, local
and private nonmunicipal. Their classification and the designation
of specific roads and streets shall be as stated in the Municipal
Comprehensive Plan, as amended by adjunct traffic studies and the
Street Design and Construction Standards Ordinance.
A privately operated for-profit establishment providing technical
or skilled training, vocational or trade educational courses and programs.
An accredited institution of learning which offers elementary
and secondary level instruction or which offers associate's, bachelor's
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
A dwelling, cabin, lodge or summer house that is intended
for occupancy fewer than 182 days of the year.
The floor area required for one individual to sit or stand
as regulated by the Uniform Construction Code.[5]
A use owned and/or operated by a registered nonprofit, religious
or educational institution and providing educational, cultural, recreational,
religious or other similar public services or programs. This term
does not include houses of worship, day-care establishments, group
homes or drug and/or alcohol treatment facilities.
An approved system for the collection and disposal of sewage
that serves two or more dwelling units but that does not include septic
tanks.
A septic tank installation on an individual lot that utilizes
a bacteriological process for the elimination of solid wastes and
provides for the proper and safe disposal of the effluent, subject
to the approval of health and sanitation officials having jurisdiction.
A group of commercial establishments which is planned, developed,
owned and managed as a unit related in its location and size, including
independently owned and managed outparcels which are accessed solely
through the access drive or drives serving the core of the center,
which includes at least 20,000 square feet of exclusively retail uses,
including but not limited to restaurants, small professional offices,
and commercial schools, and indoor commercial recreation establishments.
A structure that consists of any device, light, letter, word,
model, banner, pennant, trade flag, logo, insignia, balloons or representation
that advertises, directs, or announces the use conducted, goods, products,
services or facilities available, or that influences persons or conveys
information or that calls attention to the building or the use located
on the lot. The term "sign" does not include the flag of the United
States of America or the Commonwealth of Pennsylvania, or any federal,
state or municipal traffic or directional sign or other official federal,
state, county or municipal government signs.
BILLBOARDA sign upon which advertising matter of any character is printed, posted or lettered, which is erected upon a property bearing no establishment or principal building.
CHANGEABLE-COPY SIGN, MANUALA sign with removable panels or letters which may be changed, removed and replaced from time to time without altering or reconstructing the sign structure itself.
CHANGEABLE-COPY SIGN (AUTOMATIC)A sign on which amber-colored copy changes automatically on a lampbank or through mechanical means with a black background/face, including electrical or electronic time-and-temperature units.
FREESTANDING SIGNA sign with its support planted firmly into the ground, excluding changeable-copy signs, unless expressly authorized as part thereof, and excluding billboards.
MONUMENT SIGNA sign attached to a brick, stone or masonry wall or structure that forms a supporting base for the sign display.
OBSOLETE SIGNAny sign, the language or message of which refers to a business or establishment on site which is permanently out of operation.
WALL SIGNA sign placed against and attached to, made a part of or painted directly on an exterior surface of a building, excluding changeable-copy signs.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign.
A single surface area to which the sign copy is affixed or
from which the copy or message is displayed or illustrated, not including
structural supports, architectural features of a building or sign
structure, or nonstructural or decorative trim.
The entire area within a single continuous perimeter enclosing
the extreme limits of a sign and in no case passing through or between
any adjacent elements of the same. However, such perimeter shall not
include a structural or framing element lying outside the limits of
such sign and not forming any part of the display.
For either a freestanding sign or an attached
sign, the area shall be considered to include all lettering, wording
and accompanying designs and symbols, together with the entire background,
whether open or enclosed, on which they are displayed.
For a sign painted upon or applied to a building,
the area shall be considered to include all lettering, wording and
accompanying designs and symbols, together with any background, and
shall be the smallest geometric shape that can be drawn to encompass
all the lettering and/or symbols.
For a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, other than those signs described in Subsections A and B above, the area shall be considered to be that of the smallest common geometric shape that can be drawn to encompass all of the letters and symbols.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
The Solicitor of the Municipality of Murrysville.
A use that is subject to approval by the Zoning Hearing Board.
A special exception may be granted by the Board only when there is
specific provision for such special exception made in this chapter.
A special exception is not considered to be a nonconforming use.
A permit issued by the Zoning Officer, after authorization
by the Zoning Hearing Board, before any special exception use can
be constructed or operated.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-30, AE, A99 or AH.
The use of land and/or buildings for the raising and care
of fur-bearing animals, such as rabbits and domestic pets, and the
stabling and care of horses, animal kennels, pigeon raising and raising
of any other domestic animals or birds of a similar nature.
A permit required for all new construction, land disturbance,
land operations or mining when such activity occurs within any portion
of the one-hundred-year floodplain districts.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals or breasts, including
the female breast below the top of the areola, or any portion of the
male or female pubic hair, anus or cleft of the buttocks.
Includes any of the following:
A surfaced outdoor area accessory to a dwelling or dwellings,
used for playing sports, including but not limited to tennis, handball,
basketball and similar sports.
A parcel bearing principal nonresidential uses, zoned B or MU, that lies outside of an office park or shopping center as authorized signage under § 220-87.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The "actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between
the floor and the ceiling next above it.
A public or private right-of-way.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
NOTE: This definition pertains only to the floodplain regulation provisions
of this chapter.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
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 of construction of the improvement.
This term includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications that have been identified by the local
code enforcement official and that are the minimum necessary to assure
safe living conditions;
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
A commercial establishment engaged in storing and selling
building supplies, industrial supplies or feed and grain primarily
to businesses, rather than the general public.
An accessory structure used for swimming, containing water
at a depth of three feet or greater, either in ground or above ground.
All decks, walkways, ladders, stairs and fencing appurtenant to such
an accessory structure shall be included for all measurement purposes.
A device attached to a building, structure or telecommunications
tower principally intended for receipt or transmission of signals
for such uses as commercial or public VHF or UHF television, FM radio,
two-way radio, commercial carriers, cellular telephone and other wireless
services, fixed-point microwave, lower-power television or AM radio,
including accessory equipment related to telecommunications. Not included
are antennas for private, noncommercial and amateur purposes, including
but not limited to ham radios and citizens band radios.
The building in which electromagnetic receiving and relay
equipment for a telecommunications antenna is housed.
A freestanding structure, including any guy wires, principally
intended to support facilities for receipt or transmission of signals
for uses such as commercial or public VHF or UHF television, FM radio,
two-way radio, commercial carriers, cellular telephone and other wireless
services, fixed-point microwave, low-power television or AM radio,
including accessory equipment related to telecommunications. Not included
are towers and supportive structures for private, noncommercial and
amateur purposes, including but not limited to ham radios and citizens
band radios.
A sign constructed of cloth, fabric or other light temporary
material, with or without a structural frame, intended for a limited
period of display, including decorative displays for holidays.
Any use or structure which does not constitute "transient
retail sales," as defined in this chapter, 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.
Any place of business where any person, partnership, firm,
association or corporation engages in or carries on or permits to
be engaged in or carried on any method of pressure on, friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
parts of the body with the hands or with the aid of any mechanical
apparatus or electrical apparatus or appliance, with or without such
supplementary aids as rubbing alcohol, oil or other such items, for
therapeutic purposes.
A study prepared by a qualified traffic engineer, in accordance
with the technical requirements specified in the Municipal Subdivision
and Land Development Ordinance,[6] analyzing the expected trip generation from a proposed
development using the Institute of Transportation Engineers (ITE)
current standards and the impact of the traffic generated by the proposed
development on the capacities and levels of service of all streets
and intersections in the vicinity of the site.
Any trailer, drawn by a passenger or other motor vehicle,
used for the occasional transport of personal effects or for recreational
living purposes.
Any establishment that sells commodities and/or services
directly to consumers from a temporary location, operated separate
from and not as an accessory to any principal use or business on a
site, on a temporary basis and from a fixed location within the Municipality.
An office dealing in the receipt of and/or placing with carriers
of orders for the transfer of material or merchandise by any means
of transportation, but not including the facilities or providing the
functions of a transportation terminal on the same premises.
A premises wherein material or merchandise not manufactured,
remanufactured or fabricated upon the premises is transferred from
one carrier to another or from one type of carrier to another type
of carrier for reshipment in the same or different lots and that may
provide associated storage, loading and/or unloading facilities in
conjunction therewith and that may also perform the functions of a
transportation dispatch office. Shipping and receiving facilities
operated as an accessory use to the manufacture, remanufacture or
fabrication of material or merchandise shall not be deemed to constitute
a transportation terminal.
An establishment engaged in the rental, sale and/or service
of vehicles in excess of 26,000 pounds GVW and/or any other heavy
equipment, including but not limited to construction or farm equipment,
whether or not the equipment is classified as a motor vehicle.
The ratio of the average maintained footcandles over a specified
area to the minimum footcandles furnished within said area.
A street depicted on a recorded or unrecorded plan but unopened
as either a public or private street for a period of 21 years from
the date of the first lot sold in said plan.
The specific purpose for which land, sign, structure or building
is designed, arranged, intended or for which it may be occupied or
maintained, or any activity, occupation, business or operation that
may be carried on. The term "permitted use" or its equivalent shall
not be deemed to include any nonconforming use.
An unenclosed portion of the area of a lot that is not devoted
to driveways, parking spaces, or principal and accessory structures.
Useable open space may include common buildings such as shelters,
pavilions, or recreational structures that are centrally located and
accessible to the occupants of the building or buildings. Useable
open space shall not include land located within one-hundred-year
floodplains, jurisdictional wetlands or on slopes in excess of 25%.
A waiver granted by the Zoning Hearing Board from the terms
and conditions of this chapter where literal enforcement would create
unnecessary hardship as a result of peculiar or unique conditions
or circumstances pertaining only to the lot in question and when the
granting of such waiver would not be contrary to the public interest.
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds GVW, but not including any heavy equipment
or any other vehicle or equipment which is not classified as a "motor
vehicle" under the Pennsylvania Motor Vehicle Code.
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.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[7] is presumed to be in violation until such time as that
documentation is provided. NOTE: This definition pertains only to
the floodplain regulation provisions of this chapter.
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing which is incidental to retail sales and which
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
Any garbage, refuse or other waste or discarded material,
including solid, liquid, semisolid or gaseous material, resulting
from the operating of residential, municipal, commercial, industrial,
or institutional establishments, including but not limited to sludge/septage,
construction/demolition, infectious/chemotherapeutic, leaf/yard, residual,
hazardous and/or nuclear wastes as defined by federal and/or state
statutes and regulations.
The discharge, deposit, injection, dumping, spilling, leaking,
incineration or placing of any waste onto or on the land or water
so that such waste or any constituent or residue thereof may enter
the environment or be emitted into the air or discharged into any
waters, including groundwater, or in any other way harmful to public
health and safety.
A facility, whether public or private, that engages in the
disposal, processing, storage or treatment of waste. Such facilities
shall be licensed by any and all appropriate state and/or federal
agencies in addition to meeting all standards and conditions of this
chapter for issuance of a zoning permit.
Any method, technique or process, including neutralization,
incineration, stabilization or solidification, designed to change
the physical, chemical or biological character or composition of any
waste(s).
The actual or intended containment of waste on a temporary
basis for a period not to exceed 30 calendar days in a manner that
does not constitute disposal or treatment.
Any method, technique or process, including landfill, incineration,
stabilization or solidification or neutralization, designed to change
the physical, chemical or biological character or composition or any
waste material; any method, technique or process intended to neutralize
any hazardous substance or to render any hazardous substance nonhazardous,
safer for transport, suitable for recovery, suitable for storage or
reduced in volume. The term includes activity or processing designed
to change the physical form or chemical composition of any waste material.
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
A required open space located on a lot which is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
Lots having frontage on more than one street shall provide
the required front yards on every street.
A yard extending between side lot lines across the full lot
width from the street right-of-way line to a line parallel to the
front lot line, known as the "front building line," the minimum horizontal
distance required by this chapter.
A yard extending from the required front building line to
the rear lot line, parallel to the side lot line, the minimum horizontal
distance required by this chapter. In the case of a corner lot, each
yard other than a front yard shall be considered a side yard.
A yard extending across the rear of the lot between the required
side yard lines, parallel to the rear lot line, the minimum horizontal
distance required by this chapter.
A change to the text of this chapter or to the Zoning District
Map proposed for adoption by the Board of Commissioners pursuant to
the procedures specified in this chapter.
The document issued by the Zoning Officer authorizing the
use of land or building.
The Zoning District Map or Maps of the Municipality, together
with all amendments subsequently adopted.
The Zoning Hearing Board of the Municipality of Murrysville.
The Zoning Officer or his authorized representative appointed
by the governing body.
[1]
Editor's Note: The definition of "billboard,"
which immediately followed this definition, was repealed 9-20-2006
by Ord. No. 713-06.
[4]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[7]
Editor's Note: References are to Section 60.3 of the National
Flood Insurance Program Regulations. See 44 CFR 60.3.
