The following words and phrases shall have the
particular meaning specified in the purpose of interpreting this chapter:
ABANDONMENT
The plugging of the well and the restoration of any well
site as required by this chapter.
[Added 11-15-2010 by Ord. No. 5-2010]
ACCESS
A means of providing vehicular or pedestrian ingress and
egress to and from a property.
ACCESSORY USE OR STRUCTURE
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 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.
ADMINISTRATIVE OFFICE
An accessory use devoted to the management functions related
to the conduct of the principal use, including personnel, finance,
legal, supervisory and executive operations.
ADULT ARCADE
Any place where the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still or motion picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time and where the images displayed are sexually
explicit or depict nudity or sexual conduct, as defined herein.
ADULT BOOKSTORE OR VIDEO STORE
An establishment having a substantial or significant portion
of its stock-in-trade, including but not limited to videocassettes,
movies, books, magazines and other periodicals, which is distinguished
or characterized by its emphasis on matters depicting, describing
or relating to nudity or sexual conduct, as defined herein, or an
establishment with a segment or section devoted to the sale or display
of such material.
ADULT BUSINESS
An adult arcade, adult bookstore or video store, adult motel,
adult mini-motion-picture theater, adult motion-picture theater, adult
newsrack, adult nightclub, body-painting studio, bathhouse, escort
service, massage parlor, or any other business establishment or private
club offering adult entertainment, as defined herein.
ADULT ENTERTAINMENT
Movies, videos, still or motion pictures, photographs, slides,
films or other visual representations, books, magazines or other printed
material or live dramatic, musical or dance performances which are
sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity for accommodating fewer
than 50 persons, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
ADULT MOTEL
A hotel or motel presenting adult motion pictures by means
of closed-circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity for accommodating 50
or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
ADULT NEWSRACK
Any coin-operated machine or device which dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
ADULT NIGHTCLUB
Any nightclub, as defined herein, which offers adult entertainment,
as defined herein.
AGE-RESTRICTED HOUSING COMMUNITY
A community built in accordance with the Housing for Older
Persons Act (HOPA) restricting residency to persons 62 years or older, or
persons 55 years of age or older, if at least 80% of the occupied
units are occupied by at least one person who is 55 years of age or
older.
[Added 10-12-2022 by Ord. No. 3-2022]
AGRICULTURE
Any principal or accessory use of land or structures for
farming, dairying, pasturage, agriculture, horticulture, floriculture,
arboriculture, or animal or poultry husbandry. Accessory uses permitted
in conjunction with agriculture may include barns, stables, corn cribs,
silos and other uses or structures that are clearly related to an
agricultural operation.
AGRICULTURAL SALES
The selling of crops and related products raised on a farm
to the general public.
AIRPORT
A place where aircraft can land or take off, usually equipped
with hangars, facilities for refueling and repair, and various accommodations
for passengers.
AISLE
A paved area of a minimum width specified by this chapter
that provides direct access to one or two rows of parking spaces and
connects those parking spaces with the driveways that provide circulation
through a parking area.
ALLOWABLE DRILLING AREA
The area within the well pad that is approved for wells to
be drilled.
[Added 11-15-2010 by Ord. No. 5-2010]
AMBIENT NOISE LEVEL
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
constituting the normal or existing level of environmental noise at
a given location.
[Added 11-15-2010 by Ord. No. 5-2010]
ANIMAL HOSPITAL
An establishment for the medical or surgical treatment of
animals, including the boarding of hospitalized animals.
ARCHITECT
A registered professional architect licensed as such by the
commonwealth of Pennsylvania.
ARTERIAL STREET
A public street which serves large volumes of high-speed
and long distance traffic. Streets classified as arterial in the Township
include Interstate 79 and PA Route 50.
ASSISTED LIVING FACILITY
A residential building or group of buildings designed to
provide multifamily dwelling units for elderly or physically or mentally
disabled persons who are independently mobile and are not in need
of the level of service provided by a personal care home, but which
provides on-site supervision and assistance available to the residents
on an occasional, "as-needed" basis, and where at least one meal each
day is provided in a common dining area and which includes certain
design features associated with the needs of the elderly which are
not customary in the construction of conventional dwelling units,
such as emergency call systems, common dining facilities, common laundry
facilities, minimal housekeeping services, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
AUTOMOBILE SERVICE STATION
A retail establishment which provides for one or more of
the following activities:
A.
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;
B.
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, 1 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; and/or
C.
The operation of a convenience food store, provided
retail sale of petroleum products is a part of the operation.
BAKERY
A retail establishment which sells baked goods, including
the baking of goods when prepared for retail sales on the premises
only and not for distribution to another retail outlet.
BAR OR TAVERN
A business, licensed by the commonwealth, that 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.
BATH HOUSE
An establishment which provides baths of all kinds, including
methods of hydrotherapy where nudity or sexual conduct is displayed,
not including hydrotherapy treatment practiced by or under the supervision
of a medical practitioner, such as a medical doctor, physician, chiropractor
or similar professional licensed by the commonwealth of Pennsylvania.
BED-AND-BREAKFAST
A dwelling which is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal served and included
with the overnight accommodations is breakfast.
BED-AND-BREAKFAST INN
A dwelling which is not the principal residence of the operator
where sleeping rooms are offered to transient overnight guests for
compensation and where breakfast is included with the overnight accommodations
and where other meals may be served or provided to the guests and
the general public.
BEER DISTRIBUTOR
A commercial business licensed by the commonwealth to sell
beer in quantity entirely for off-premises consumption.
BILLBOARD
Any off-premises sign with a changeable or permanent advertising
face which advertises an establishment, person, activity, product
or service which is unrelated to or not available on the premises
on which the sign is located.
BOARD OF COMMISSIONERS
The Board of Commissioners of the Township of South Fayette,
Allegheny County, Pennsylvania.
BOARDING STABLE
The keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other form of compensation, which may include
training of horses, riding lessons and riding facilities.
BODY-PAINTING STUDIO
Any establishment which provides the service of applying
paint or other substance, whether transparent or nontransparent, to
or on the human body in a state of nudity, as defined herein.
BUFFER AREA
A landscaped area of a certain depth specified by this chapter
which shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material and shall consist
of a mix of types and sizes of plant material which, within three
years of planting, meets the standard of providing a compact year-'round
visual screen at least six feet in height or an existing natural barrier,
such as vegetation and/or topography, which duplicates the effect
of the required buffer area, provided the natural barrier is maintained
with vegetation or landscaping at all times.
BUILDING
A roofed structure, whether or not enclosed by walls to be
used for shelter, enclosure or protection of persons, goods, materials,
animals, things or an area of land. (See also "completely enclosed
building.")
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the decklines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
BUILDING LINE, FRONT
A line parallel to or concentric with the front lot line,
the minimum measurement of which is the front yard depth required
by this chapter.
BUSINESS ESTABLISHMENT
Any premises operated by a single legal entity for an authorized
use separate and independent from any other authorized use operated
by that legal entity.
BUSINESS OR PROFESSIONAL OFFICES
Any office of recognized professions, other than medical,
such as lawyers, architects, engineers, real estate brokers, insurance
agents and others who, through training, are qualified to perform
services of a professional nature and other offices used primarily
for accounting, corresponding, research, editing or other administrative
functions, but not including banks or other financial institutions.
(See also "medical offices" and "medical clinic.")
BUSINESS SERVICES
Establishments engaged in providing services to business
offices on a fee or contract basis, including but not limited to advertising
and public relations; management and consulting services; employment
services; building security and maintenance services; equipment servicing,
rental/leasing and sales; computer and data processing services; mailing,
photocopying, quick printing and fax services; sale of office supplies;
and similar business services; but not including the rental, sale
or repair of vehicles or heavy equipment.
CAMPUS HOUSING
A building containing three or more separate dwelling units,
used principally to house students, faculty or employees of private
or public education.
CAR WASH
A facility, whether automatic, semiautomatic or manual, for
washing and polishing vehicles.
CARPORT
A structure to house or protect motor vehicles, which is
open to the weather for at least 40% of the total area of its sides.
CARTWAY
That portion of the street right-of-way that is surfaced
for vehicular use, excluding curbs and shoulders.
CEMETERY
Property used for interring of dead persons or domestic pets,
including mausoleums, columbariums, crematoriums, and mortuaries operated
in conjunction with and within the boundaries of such property.
CERTIFICATE OF OCCUPANCY
A document issued by the Zoning Officer indicating that a
premises for which a building permit and/or a zoning certificate has
been issued is ready for occupancy and is in compliance with the provisions
of this chapter and the Township Building Code, if applicable.
CERTIFIED MEDICAL MARIJUANA USE
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.
[Added 11-14-2020 by Ord. No. 10-2020]
CHURCH
A building or buildings, other than a dwelling, used primarily
as a place of worship on a regular basis by a religious denomination
which may also include, as accessory uses, rooms for religious education,
social and recreational activities and administrative offices, rectories,
parsonages, convents, pre-school programs and elderly or child day-care
centers.
CLEAR SIGHT TRIANGLE
A triangular area of unobstructed vision at the intersection
of two streets or of a driveway and a street defined by line of sight
a given distance from the intersection of the center lines of two
streets or the center lines of the driveway and the street. (See Illustration
in Appendix A.)
CLOSED-LOOP SYSTEM
A system utilized while drilling so that various types of
pits are not used and instead steel bins or closed containers are
used to collect all drilling waste.
[Added 7-18-2011 by Ord.
No. 4-2011]
COLLECTOR STREET
A public street which, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial roads.
For the purposes of interpreting this chapter, streets classified
as collector in the Township include: Battleridge Road, Boyce Road,
Cecil-Sturgeon Road, Hickory Grade Road, Mayview Road, Millers Run
Road, Noblestown Road, Oakridge Road, Old Oakdale Road, PA Route 978,
Robinson Run Road, Sugar Hill Road, Thoms Run Road and Washington
Pike.
COMMERCIAL
A business, enterprise, activity or other undertaking engaged
in for a profit.
COMMERCIAL VEHICLE
A motor vehicle licensed by the Department of Transportation,
commonwealth of Pennsylvania, having a gross vehicle weight in excess
of 10,000 pounds; or any other vehicle either motorized, self-propelled
or designed to be towed by another vehicle for use in commercial or
industrial enterprises, such as air compressors, welding units and
the like; or any and all earthmoving equipment, such as bulldozers,
hi-lifts, backhoes, ditching equipment and the like.
COMMON OPEN SPACE
A lot or portion thereof or body of water or a combination
thereof within a development site for the use and enjoyment of the
residents of a planned residential development, not including streets,
off-street parking areas and areas set aside for facilities for the
general public.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including
but not limited to omnidirectional or whip antennas, directional or
panel antennas and satellite or microwave dish antennas which may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens. A communications
antenna shall not include tower-based wireless communications facilities,
non-tower wireless communications facilities, small wireless communications
facilities, or related accessory equipment or wireless support structures
defined herein.
[Amended 10-11-2023 by Ord. No. 5-2023]
COMMUNICATIONS EQUIPMENT BUILDING
A manned or unmanned structure which contains the equipment
necessary to maintain and operate communications antennas and which
covers an area on the ground in excess of 200 square feet. A communications
equipment building shall not include wireless accessory equipment
or wireless support systems.
[Amended 10-11-2023 by Ord. No. 5-2023]
COMMUNICATIONS EQUIPMENT CABINET
An unmanned structure which contains the equipment necessary
to maintain and operate communications antennas and which covers an
area on the ground of no more than 200 square feet. A communications
equipment cabinet shall not include wireless accessory equipment or
wireless support structures.
[Amended 10-11-2023 by Ord. No. 5-2023]
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas. A
communications tower shall not include tower-based wireless communications
facilities, non-tower wireless communications facilities, small wireless
communications facilities, or related accessory equipment or wireless
support structures defined herein.
[Amended 10-11-2023 by Ord. No. 5-2023]
COMMUNITY CLUB
An organization comprised of residents in the neighborhood
in which it is located, the primary purpose of which is the advancement
of its members' interests in recreation, education, cultural or civic
pursuits and activities.
COMPLETELY ENCLOSED BUILDING
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.
CONDITIONAL USE
A use authorized by this chapter which may be granted only
by the Board of Commissioners following review by the Planning Commission
and a public hearing subject to express standards and criteria contained
in this chapter.
CONSTRUCTION TRAILER, TEMPORARY
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.
CONTRACTING BUSINESS
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.
CONTRACTOR'S YARD
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.
CONVENIENCE STORE
A retail store primarily servicing customers residing within
a two-mile radius, with a gross floor area of 4,000 square feet or
less, offering a limited selection of grocery, household and personal
items for quick purchase and which may include the dispensing of gasoline.
CORE AREA
An area of land within a neighborhood design development,
containing a mixture of permitted residential and nonresidential uses.
More than one core area shall be permitted within a neighborhood design
development.
[Added 3-16-2016 by Ord.
No. 3-2016]
CORNER LOT
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
CORRECTIONAL INSTITUTION
Any governmental, whether federal, state, county or local;
quasi-governmental; or private institution or facility organized and
designed to confine, house, hold or otherwise engaged in the act of
confining, housing or holding inmates accused or convicted of criminal
activity assigned and/or committed by any court and who are housed,
held or confined in lawful custody, including but not limited to the
detention, treatment, rehabilitation or execution of offenders through
a program involving penal custody, parole and probation.
COUNTY
Allegheny County, Pennsylvania.
CUTOFF ANGLE
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted. (See Illustration
in Appendix B.)
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.
DECIBEL (dB)
A unit for measuring the intensity of a sound/noise and is
equal to 10 times the logarithm to the base 10 of the ratio of the
measured sound pressure squared to a reference pressure which is 20
micropascals.
[Added 11-15-2010 by Ord. No. 5-2010]
DECK OR PATIO
Any uncovered outdoor living area, without a roof, in excess
of 24 square feet, constructed on or above the surface of the ground.
DEMOBILIZATION
Those activities when the drilling has ceased and the rig
equipment and related pad site equipment is being dismantled for the
purpose of moving off the drill pad site.
[Added 11-15-2010 by Ord. No. 5-2010]
DERRICK
Any portable framework, tower, mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of gas.
[Added 11-15-2010 by Ord. No. 5-2010]
DEVELOPER
An individual landowner, agent of such landowner or tenant
with the landowner's written permission who causes development to
occur upon a lot and who is responsible for compliance of such development
with the terms of this chapter and the Township Subdivision and Land
Development Ordinance.
DEVELOPMENT
Any man-made change to improved or unimproved land or water
area, including, but not limited to, construction of buildings or
structures or additions thereto, mining, dredging, filling, grading,
paving, excavation or drilling operations.
DEVELOPMENT PLAN
A graphic and written presentation of a planned residential
development, including a plat of subdivision and all provisions relating
to use, location and bulk of buildings and other structures, intensity
of use or density of development, streets, parking facilities, common
open space and public facilities.
DIRECT VEHICULAR ACCESS
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.
DISPOSAL WELL
A non-producing gas well used for the storage of waste water.
[Added 7-18-2011 by Ord.
No. 4-2011]
DISTRIBUTION/PROCESSING FACILITY
[Added 7-18-2011 by Ord.
No. 4-2011]
A.
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
B.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
C.
GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line such as a drip station, vent station, pigging facility, chemical injection station, or transfer pump station.
DOMESTIC PETS
Animals, fish or birds customarily found in a dwelling and
kept for company or pleasure, including dogs and cats, provided that
there is not a sufficient number to constitute a kennel, as defined
herein, hamsters, rabbits, gerbils, parakeets, canaries and similar
small animals or birds, excluding exotic animals, including but not
limited to llamas, lions, tigers, bears, ocelots or other feral cats,
large or poisonous snakes, alligators, monkeys or other animals normally
found in a zoo, nor any horses, pigs (excluding Vietnamese pot-bellied
pigs) or other fowl or livestock customarily found on a farm.
DRILLING
Digging or boring a new well for the purpose of exploring
for, developing or producing gas or other hydrocarbons, or for the
purpose of injecting gas, water or any other fluid or substance into
the earth.
[Added 11-15-2010 by Ord. No. 5-2010]
DRILLING EQUIPMENT
The derrick, together with all parts of and appurtenances
to such structure, every piece of apparatus, machinery or equipment
used or erected or maintained for use in connection with drilling.
[Added 11-15-2010 by Ord. No. 5-2010]
DRIVEWAY
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
DRIVE-THROUGH FACILITY
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.
DWELLING
Any building designed or used as permanent living quarters
for one or more families, but not including hotels, motels or boardinghouses.
DWELLING TYPES
The following dwelling types are included in this chapter:
A.
SINGLE-FAMILY DWELLINGA detached residential building which is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
B.
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.
C.
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.
D.
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.
E.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more separate dwelling units, including triplexes, fourplexes, townhouses, garden apartments, mid-rise apartments and high-rise apartments.
F.
GARDEN APARTMENTA residential building no more than three stories in height containing three or more multifamily dwelling units which share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
G.
MID-RISE APARTMENTA residential building comprised of multifamily dwelling units containing at least four but no more than five stories.
H.
HIGH-RISE APARTMENTA residential building comprised of multifamily dwellings containing at least six but no more than eight stories.
I.
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.
J.
MODULAR DWELLINGA single-family dwelling which is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together. Such dwellings shall be certified as meeting the minimum standards for manufactured housing in Pennsylvania. Modular dwellings shall be permitted wherever single-family dwellings are allowed, provided they are installed on a permanent foundation and connected to all available utilities.
K.
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 semi-mobile 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.
L.
TOWNHOUSEA residential building, other than a triplex or fourplex, which contains at least five but no more than six multifamily dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
[Amended 2-20-2006 by Ord. No. 2-2006]
M.
TRANSITIONAL DWELLINGA dwelling unit occupied on a short-term basis by persons assigned by a court of law, or who are self-referred, 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.
N.
PATIO HOMEA one-family dwelling unit, on a shared lot, with open space setbacks on three sides and with a court. Patio homes may be attached to similar units, maximum number of six, on adjacent lots and still meet this definition. If units do not incorporate an interior courtyard, then all units must share two common walls. Reference sketches in Appendix F.
[Added 2-20-2006 by Ord. No. 2-2006]
DWELLING UNIT
One or more rooms which are used as living quarters for one
family and which have permanent facilities for sleeping, cooking and
eating, as well as sanitary facilities.
EASEMENT
A grant of one or more property rights by the property owner
to and for use by the public, a corporation or any other person, the
use of which shall not be inconsistent with the rights of the grantee
and in which no permanent structure shall be erected.
EDUCATIONAL STUDIO
An establishment that provides training to individuals or
groups in specialized recreational activities or avocations, including
but not limited to dance, gymnastics, martial arts, photography, arts
and crafts and similar pursuits.
EFFECTIVE DATE
The date on which this chapter is duly adopted by the Township
or as specified in the ordinance so adopted.
EQUIPMENT STORAGE YARD
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.
ERECTED
Includes "built," "constructed," "reconstructed," "moved
upon" or any physical operations on the land required for the building.
Excavation, fill, drainage and the like shall be considered part of
the erection.
ESCORT SERVICE
A business which provides a service by appointment or upon
request where individuals leave one premises and go to another premises
for a specified period of time for the purpose of engaging in nudity
or sexual conduct as defined herein.
ESSENTIAL SERVICES
The provision of distribution and collection systems by public
utilities, regulated by the Public Utilities Commission (PUC) or any
agency, franchisee or authority of South Fayette Township, including
underground or overhead gas, electrical, telephone, steam, or water
lines, sewers, fire alarm boxes, traffic signals, hydrants, cable
TV (not including towers) and accessories in connection therewith,
reasonably necessary to furnish adequate services within South Fayette
Township to the general public.
ESTABLISH AN ADULT BUSINESS
Includes any of the following:
A.
The opening or commencement of any adult business
as a new business;
B.
The conversion of an existing business, whether
or not an adult business, to any adult business;
C.
The addition or change of any adult business
to any other existing adult business or to a non-adult business; or
D.
The relocation of any adult business.
EXPLORATION
Temporary geologic or geophysical activities, drilling in
context with the zoning definition in this chapter, including seismic
surveys, related to the search for natural gas or other subsurface
hydrocarbons.
[Added 7-18-2011 by Ord.
No. 4-2011]
EXTENDED STAY HOTEL, MOTEL, AND FACILITY
A facility where rooms or suites may be rented by guests
for periods of 14 days or longer; provided that this definition shall
not apply to single-family or multifamily residences that are leased
for a period of one month or longer.
[Added 7-12-2023 by Ord.
No. 3-2023]
FACILITY
The primary building(s), support structure(s) and associated
appurtenances designed, constructed and maintained to operate a natural
gas well pad, compressor station or processing plant.
[Added 11-15-2010 by Ord. No. 5-2010]
FACILITY OPERATOR
Any person or entity partnership, company, corporation and
its subcontractors and agents who has a desire to install and/or operate
a natural gas compressor station.
[Added 11-15-2010 by Ord. No. 5-2010]
FACILITY WORK
The construction of, alteration, improvement, upgrade, or
expansion to a natural gas compressor station or processing plant
that results in an increase of the gross floor area of the primary
building and the paved area of the pad area which, in combination,
totals 2,000 square feet or more. The term "facility work" shall include
the initial construction of the facility, but shall not include typical
maintenance to or operation of an existing facility. Any construction
of, alteration, improvement, upgrade, or expansion to a facility that
results in a less than s.f figure presented shall not be considered
facility work.
[Added 11-15-2010 by Ord. No. 5-2010]
FAMILY
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests, thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit, or not more
than eight persons living together in a group living arrangement with
supervision, provided that the group living arrangement meets all
of the following criteria:
A.
It provides non-routine support services, including
supervision, personal care, social or counseling services, and transportation,
to persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution, because of physical
disability, old age, mental retardation, or other "handicap" or "disability"
as defined by the Fair Housing Amendments Act or the Americans with
Disabilities Act;
B.
It provides for the joint occupancy of a dwelling
unit where the residents maintain a common household and practice,
on a permanent or long-term basis, a joint economic, social and cultural
life;
C.
It does not involve the housing of persons on
a transient basis;
D.
It does not involve the housing or treatment
of persons accepted for residence in the group living arrangement
on the basis of their status as criminal offenders, juvenile offenders
or delinquents, or who would otherwise qualify for residence by virtue
of having been found by any governmental tribunal, court or agency
to be a danger to society or are on release or under the jurisdiction
of the criminal justice system, a government bureau of corrections
or similar institution.
|
"Family" shall not include persons living together
in a group care facility, personal care boarding home or transitional
dwelling, as defined herein, or any other supervised group living
arrangement for persons not protected by the Fair Housing Act or for
any persons who constitute a direct threat to others or their physical
property.
|
FAMILY DAY CARE HOME
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling
in which the operator resides, for the care on a regular basis during
part of a 24 hour day of not more than six children under 16 years
of age, including care provided to children who are relatives of the
provider, where such use shall be secondary to the use of the dwelling
for living purposes and shall meet all applicable requirements for
a home occupation.
FARM
A site of 10 acres or more used for the pursuit of agriculture,
as defined herein.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured or natural material or combination
of materials erected for the enclosure of land and/or dividing one
area of land from another. This definition shall not include agricultural
fences erected for the purpose of enclosing livestock in areas properly
used for agricultural purposes, nor shall it include retaining walls
which are designed and approved in accordance with the Township Grading
Ordinance.
FINANCIAL INSTITUTION
A bank, savings and loan association or similar institution
that lends money or is engaged in a finance-related business.
FLOOR AREA, GROSS
The sum of all the horizontal floor areas of a building,
measured between exterior faces of walls.
FLOOR AREA, NET
The total floor area of a building designed for tenant occupancy
or accessible to the customers, clients or general public, excluding
storage areas, equipment rooms and common areas such as halls, corridors,
stairwells, elevator shafts, restrooms, interior vehicular parking
and loading areas and similar common areas, and, in the case of restaurants,
excluding food preparation areas, expressed in square feet and measured
from the center line of joint partitions and exteriors of outside
walls.
FLOWBACK
The process of flowing a completed/fractured well for the
purpose of recovering water and residual sand from the gas stream
prior to sending gas down a sales line.
[Added 11-15-2010 by Ord. No. 5-2010]
FOOD STORE
A retail establishment that has a gross floor area of no
more than 10,000 square feet and which offers for sale specialty or
gourmet food items or meats and groceries packaged for sale and which
are not available for consumption on the premises.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transplanting and selling trees for commercial
purposes, which does not involve any land development.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 11-14-2020 by Ord. No. 10-2020]
FOURPLEX
See Subsection D under "dwelling types."
FRACTURE or FRACTURING
The process of injecting water, sand, customized fracking
fluid, steam, or gas into a gas well to allow or to improve gas recovery
of a rock formation.
[Added 11-15-2010 by Ord. No. 5-2010]
FRESH WATER
Water obtained from a potable water source of the commonwealth
such as a hydrant, stream, lake, water well, spring or other source
that has not been treated or utilized in commercial or industrial
operations.
[Added 7-8-2015 by Ord.
No. 1-2015; amended 7-13-2016 by Ord. No. 6-2016]
FRESHWATER FRACTURE PIT
A pit used for the collection and storage of fresh water
for the purpose of fracture stimulation of gas wells.
[Added 11-15-2010 by Ord. No. 5-2010]
FUNERAL HOME
A building used for the embalming of the deceased for burial,
but not including cremation, and for the display of the deceased and
ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE
An accessory building or a portion of the principal building
not accessible to the general public and designed or used for shelter
or storage of private vehicles and personal property of the occupants
of the principal building and which may include the shelter or storage
of no more than one private vehicle owned and used by others.
GARAGE, PUBLIC
A building, other than a private garage, containing two or
more parking spaces accessible to the general public, used for the
storage or parking of motor vehicles, where such vehicles may be kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles.
GARDEN NURSERY
A retail establishment, not located on a farm, 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.
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.
[Added 11-15-2010 by Ord. No. 5-2010]
GAS WELL
Any well drilled, to be drilled, or used for the intended
or actual production of natural gas.
[Added 11-15-2010 by Ord. No. 5-2010]
GOLF COURSE; GOLF OR COUNTRY CLUB
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.
GROCERY STORE
A retail establishment in excess of 10,000 square feet of
gross floor area which primarily sells meat and food products but
which may also include as accessory uses one or more of the following:
a pharmacy, a florist, a dry cleaner, travel agent, video rental,
banking, copy/fax services, delicatessen or coffee shop.
GROUNDWATER
Water in that portion of the generally recognized hydrologic
cycle which occupies the pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells and springs and is often
withdrawn for domestic, agricultural, municipal, industrial and other
beneficial uses.
[Added 7-8-2015 by Ord.
No. 1-2015; amended 7-13-2016 by Ord. No. 6-2016]
HAZARDOUS MATERIALS
Any material designated as a hazardous material under the
terms and provisions of the Pennsylvania Solid Waste Management Act
of 1980 and/or any regulations promulgated thereunder by the Pennsylvania
Department of Environmental Protection and designated as "hazardous
materials."
HEALTH CLUB
A commercial recreational enterprise or private club which
has as a principal use a gymnasium, swimming pool or other sports
facility and which may offer massages, whirlpool baths, steam rooms,
saunas and/or medical facilities as accessory uses to the principal
use.
HEAVY MANUFACTURING
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."
HEIGHT OF STRUCTURE
The vertical distance measured from the average elevation
of the finished grade around the structure to the highest point on
the structure.
HIGH TECHNOLOGY INDUSTRIES
The assembly of component parts or the production of finished
products, excluding any process that involves toxic or highly volatile
substances, including computer components and accessories; electrical
parts, accessories and equipment; 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.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use of a dwelling
for residential purposes and which involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pickup, delivery
or removal functions to or from the premises in excess of those normally
associated with residential use.
HOME OCCUPATION
An accessory use of a service character, other than a no-impact
home-based business, conducted entirely within a dwelling by the residents
thereof, which use is clearly secondary to the use of the dwelling
for living purposes and does not, in any way, change the character
of the dwelling.
HORTICULTURE
The science and art of growing fruits, vegetables, flowers
and ornamental plants.
HOSPITAL
An establishment licensed by the commonwealth for the care
of human patients suffering from physical or mental illnesses, and
which may or may not include facilities for major surgery and which
may be publicly or privately operated.
HOT TUB, JACUZZI
An aboveground receptacle smaller in area or depth than a
swimming pool, filled with water and used as a whirlpool bath or for
soaking, socializing and recreational bathing.
HOTEL
See "motel or hotel."
IDENTIFICATION CARD
A document issued by the Pennsylvania Department of Health
that permits access to medical marijuana.
[Added 11-14-2020 by Ord. No. 10-2020]
ILLUSTRATIVE SITE PLAN
A topographic and boundary survey of property proposed for
development, which includes a written description of the various categories
of proposed land uses but which is not required to show the precise
locations of proposed buildings; the major street network proposed
to provide access to the areas proposed for development but which
is not required to show the streets or driveways internal to the proposed
development sites; and the location of the site with respect to surrounding
properties and the existing street network. The illustrative site
plan shall be prepared by an architect or engineer and shall be in
sufficient detail to show compliance with all applicable requirements,
standards and criteria in this chapter regarding illustrative site
plans. Boundary surveys or any other type of survey must be performed
and scaled by a surveyor.
IMPERVIOUS SURFACE
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 Township Engineer to be impervious within the meaning
of this definition.
INCIDENTAL MINERAL REMOVAL
Surface mining restricted to an area encompassed in a grading
permit issued for an approved subdivision or land development which
mineral removal is incidental to the development of the site.
INDOOR ENTERTAINMENT
An establishment operated by a profit-making corporation,
partnership or other business entity located within a completely enclosed
building, as defined by this chapter, for the pursuit of cultural
performances and entertainment activities, including but not limited
to theaters (live and motion picture), arenas, bowling alleys, pool
halls, virtual reality and simulation gaming parlors, video arcades,
dance halls and similar facilities, but excluding any adult business,
as defined herein.
INMATE
Any individual, whether in pre-trial, unsentenced or sentenced
status, who is housed, held or confined in a correctional facility.
INSTITUTIONAL BUFFER
That area between the perimeter security, as defined herein,
which is required for a correctional facility and the property line
of the site on which a correctional facility is located.
JUNK YARD
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.
JUVENILE PERSONAL CARE HOME/CHILD RESIDENTIAL FACILITY
A premises or part thereof for housing of up to 50 juveniles,
operated in a twenty-four-hour living setting in which care is provided
for one or more children who are not relatives of the facility operator,
as governed by the Pennsylvania Code Title 55 Public Welfare, Chapter
3800, Child Residential and Day Treatment Facilities.
JUVENILE INCARCERATION FACILITY
A facility operated under the laws of the commonwealth of
Pennsylvania for up to 120 juveniles which provides for the twenty-four-hour
incarceration and confinement of juveniles adjudicated to be delinquent
by the Pennsylvania Juvenile Court System or juveniles requiring incarceration
and confinement by virtue of having been determined to be prosecuted
as adults while committing crimes as a juvenile, and limited to juveniles
to be incarcerated or confined for serious criminal offenses and not
including juveniles eligible to reside in a juvenile personal care
home/child residential facility or other such less restrictive residential
setting.
KENNEL
A structure and/or premises where more than four dogs or
more than six cats who are six months or older are kept, bred, trained
or boarded whether for profit or not.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A.
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively;
B.
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
C.
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.
LAND DEVELOPMENT PLAN
A plan prepared in accordance with the application requirements
of the Township Subdivision and Land Development Ordinance for approval of a land development, as defined herein.
LAND USE CATEGORY
A category of land use, including residential, commercial,
industrial and public and private education, which is shown on a subdivision
plat for properties within an approved illustrative site plan which
indicates the intended use and establishes the applicable zoning regulations
for development of a lot or tract within an approved illustrative
site plan.
LANDFILL
Any site licensed by the Pennsylvania Department of Environmental
Protection (PA DEP) for the disposal of solid waste, other than hazardous
waste, as defined and regulated by federal statute.
LANDOWNER
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.
LANDSCAPING PLAN
A plan prepared by a registered architect or a registered
landscape architect, identifying each tree and shrub by size, type
and scientific name, indicating balled and burlapped or bare root,
and location. The plan shall include a planting diagram and such other
diagrams or reports necessary to show the method of planting, staking
and mulching, grass seeding specifications and mixtures and existing
trees over 10 inches in diameter at breast height.
LANDSLIDE SUSCEPTIBILITY
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-made activity.
LEVEL OF CUSTODY
Categories of security and supervision established by the
Pennsylvania Department of Corrections and recommended by the American
Correctional Association (ACA) document entitled "Standards for Adult
Correctional Facilities," which standards are based on inmate history
and behavior, the length of sentence and the nature of risk posed
to the general public and other inmates. In the event of a conflict
in the application of this chapter between the respective definitions
of levels of custody specified by the Pennsylvania Department of Corrections
and the levels of security specified by the American Correctional
Association (ACA), the more restrictive requirements for security
shall apply.
LIFT COMPRESSOR
A device that raises the pressure of a compressible fluid
(gas) in order to lift gas from the well.
[Added 11-15-2010 by Ord. No. 5-2010]
LIGHT MANUFACTURING
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.
LINE COMPRESSOR
A device that raises the pressure of a compressible fluid
(gas) in order for the gas to be transported through a pipeline.
[Added 11-15-2010 by Ord. No. 5-2010]
LOADING SPACE
An area within a principal building or on the same lot with
the principal building designed in accordance with the requirements
of this chapter and used for the standing, loading or unloading of
tractor-trailer trucks.
LOCAL STREET
Any street in the Township not defined by this chapter as
an arterial street or a collector street.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
LOT AREA
The total area within the lot lines, excluding the area within
any street right-of-way.
LOT COVERAGE
That portion of the lot area covered by all principal and
accessory structures expressed as a percentage.
LOT, THROUGH
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
LOT FRONTAGE
That portion of the lot which adjoins the street right-of-way
or through which access is provided to a public street.
LIGHT MANUFACTURING
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.
LOADING SPACE
An area within a principal building or on the same lot with
the principal building designed in accordance with the requirements
of this chapter and used for the standing, loading or unloading of
tractor-trailer trucks.
LOCAL STREET
Any street in the Township not defined by this chapter as
an arterial street or a collector street.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
LOT AREA
The total area within the lot lines, excluding the area within
any street right-of-way.
LOT COVERAGE
That portion of the lot area covered by all principal and
accessory structures expressed as a percentage (excluding driveways,
sidewalks, signs, and fences).
[Amended 2-8-2023 by Ord. No. 1-2023]
LOT, THROUGH
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
LOT FRONTAGE
That portion of the lot which adjoins the street right-of-way
or through which access is provided to a public street.
LOT LINE
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.
LOT LINE, FRONT
That lot line which is contiguous 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.
LOT LINE, REAR
That lot line which is generally opposite the front lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or rear lot line.
LOT OF RECORD
Any lot which, individually or as part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Allegheny
County.
LOT WIDTH
The straight line distance between the point of intersection
of the front building line with the side lot lines.
MANUFACTURING
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.
MASSAGE PARLOR
Any establishment which provides services of massage or body
manipulation, including exercises, heat and light treatments of the
body, and all forms of physiotherapy, unless operated by a medical
practitioner, chiropractor or professional physical therapist licensed
by the commonwealth, not including any athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as an
incidental or accessory service to the principal service.
MEDIATION
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL CLINIC
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling, operated by a group
of licensed medical doctors and dentists and their supporting staff,
where said patients are not provided with board or room or kept overnight
on the premises.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania under the Medical Marijuana Act.
[Added 11-14-2020 by Ord. No. 10-2020]
MEDICAL MARIJUANA ACT
The Act of April 17, 2016, P.L. 84, No. 16, as amended from
time to time (35 P.S. § 10231.101 et seq.).
[Added 11-14-2020 by Ord. No. 10-2020]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana; the term includes the facility from which
medical marijuana is dispensed.
[Added 11-14-2020 by Ord. No. 10-2020]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana.
[Added 11-14-2020 by Ord. No. 10-2020]
MEDICAL MARIJUANA REGISTRY
The registry established by the Pennsylvania Department of
Health for all medical marijuana organizations and practitioners.
[Added 11-14-2020 by Ord. No. 10-2020]
MEDICAL OFFICES
One or more administrative offices of individual doctors,
dentists, chiropractors or other medical practitioners and their supporting
staffs where human patients receive diagnosis, treatment and counseling.
MINERAL REMOVAL
Any extraction of any mineral for sale or other commercial
purpose, other than incidental mineral removal, as defined herein,
which involves removal of the surface of the earth or exposure of
the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. The term "mineral" includes, but is not limited
to, anthracite and bituminous coal, lignite, limestone and dolomite,
sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and
other mineral resources, excluding mining activities carried out beneath
the surface of the earth by means of shafts, tunnels or other underground
mine openings. This definition specifically excludes oil and gas development.
[Amended 11-15-2010 by Ord. No. 5-2010]
MINI-WAREHOUSE OR SELF-STORAGE FACILITY
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.
MIXED-USE DEVELOPMENT
A development, generally consistent with the parameters of Article
VII (Planned Residential Development) of the Municipalities Planning Code ("MPC"), specifically Section 705(b) of the MPC [53 P.S. § 10705(b)] that permits residential and nonresidential uses pursuant to a tentative master development plan on property singularly owned or controlled (equitable or otherwise) having a minimum overall property or lot area of 100 contiguous acres.
[Added 10-12-2022 by Ord. No. 3-2022]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
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.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement of mobile homes.
MOBILIZATION
Those activities when the drilling rig and related equipment
and personnel arrive at the well site and are conducting activities
to rig up or position the rig equipment at the well and prepare for
drilling. This includes all activities and services prior to the drill
bit being lowered below the rotary table and entering the conductor
pipe in an attempt to make hole ("spud in") for the first time at
the pad site.
[Added 11-15-2010 by Ord. No. 5-2010]
MODEL HOME
The temporary use of a dwelling unit in an approved plan
that is under construction for the purpose of marketing dwelling units
to be constructed.
MOTEL or HOTEL
An establishment which offers transient overnight lodging
accommodations to the general public and which also may provide additional
supporting services such as restaurants, meeting rooms, recreation,
facilities and living quarters for a resident manager or proprietor.
[Amended 7-12-2023 by Ord. No. 3-2023]
MULTIPLE WELL SITE PERMIT
The permit issued for the sole purpose of allowing future
wells to be drilled on an existing pad site and within 600 feet of
protected uses without obtaining waivers and/or variances.
[Added 11-15-2010 by Ord. No. 5-2010]
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or a collection of such wells
operating as a midstream facility for continued delivery of oil and
gas to a transmission pipeline, distribution pipeline, natural gas
processing plant or underground storage field, including one or more
natural gas compressors, associated buildings, pipes, valves, tanks
and other equipment.
[Added 11-15-2010 by Ord. No. 5-2010]
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets but not including facilities or equipment that are designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
[Added 11-15-2010 by Ord. No. 5-2010]
NATURE PRESERVE
An area of land protected either by governmental ownership
or by conservation easements where human activities are limited and
the existing natural habitats and environment are protected from man-made
changes.
NEIGHBORHOOD DESIGN DEVELOPMENT
An area of land typically developed for a compatible mixture
of residential units and nonresidential commercial and workplace uses,
including some structures that provide for a mix of uses within the
same building. Residences, shops, offices, workplaces, public buildings
and parks are generally interwoven within the development so that
all are within relatively close proximity to each other. Neighborhood
design development is relatively compact and oriented toward pedestrian
activity. Generally, it has a center and an edge. Generally, the streets
are laid out with an interconnected network of streets and blocks
that provides multiple routes from origins to destinations and are
appropriately designed to serve the needs of pedestrians and vehicles
equally. Neighborhood design development balances form and function.
[Added 3-16-2016 by Ord.
No. 3-2016]
NIGHTCLUB
A restaurant, or portion thereof, or any other establishment
serving food and/or drink, whether or not the consumption of alcoholic
beverages is permitted or allowed on the premises, which offers live
entertainment on a stage or bandstand and/or dancing to music, either
live or recorded, and which has a maximum permitted occupancy authorized
by the Township Building Code of 50 or more persons.
NONCONFORMING LOT
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING SIGN
Any sign which was lawfully erected and maintained prior
to the adoption or amendment of this chapter, which fails to conform
to all applicable regulations and restrictions of this article.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply
with the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or an amendment thereto, or
prior to the application of this chapter or amendment to its location
by reason of annexation. Nonconforming signs are included in this
definition.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or an amendment thereto, or
prior to the application of this chapter or amendment to its location
by reason of annexation.
NUDITY
The exposure of human bare buttocks, anus, male or female
genitals or female breast or the appearance thereof.
NURSING HOME
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.
OFF-STREET PARKING
Parking spaces required by this chapter to be located on private property in accordance with the requirements of Article
XVII.
OIL AND GAS DEVELOPMENT
The well site preparation, well site construction, drilling,
hydraulic fracturing, and/or site restoration associated with an oil
and gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil and gas pipelines and associated equipment and other
equipment and activities associated with the exploration for, production
and transportation of oil and gas, but excluding any structure, facility
or use constituting a natural gas compressor station or a natural
gas processing plant.
[Added 11-15-2010 by Ord. No. 5-2010]
OPERATOR or WELL OPERATOR
Any person or entity, partnership, company, corporation and
its subcontractors and agents who has an interest in real estate for
the purpose of exploring or drilling for, producing, or transporting
oil or gas. It is also the person or entity designated as the operator
on the applicable permit application or well/facility registration.
[Added 11-15-2010 by Ord. No. 5-2010]
OUTER BOUNDARY SURFACE PROPERTY LINE
The outer boundary of any property for which a preliminary
plat or concept plan has been filed with South Fayette Township.
[Added 11-15-2010 by Ord. No. 5-2010]
PARKING AREA
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
PARKING SPACE
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
PERIMETER SECURITY
A system that controls ingress and egress to the interior
of a correctional facility and which may include one or more of the
following features: electronic devices, walls, fences, patrols and/or
towers.
PERIMETER SETBACK
The distance specified by this chapter from the entire boundary
of a site proposed for a planned residential development, planned
commercial development, planned educational campus, planned industrial
park or planned economic development in which no principal or accessory
structures are permitted.
PERMITTED USE
A use of a structure or land which is allowed outright within
a Zoning District because of its suitability to the purpose of the
other uses so designated for which the Zoning Officer is authorized
to issue Zoning Certificates and Certificates of Occupancy for such
permitted uses when all other requirements of this chapter have been
met.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PERSONAL SERVICES
Any enterprise providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including but not limited to shoe repair, tailoring, clothes
cleaning, watch repairing, barbershops, beauty parlors and related
activities, but not including any adult business, as defined herein.
PET SERVICES
A business establishment that sells pet food and other pet
care products to the general public and that may offer pet grooming
and limited veterinary services as accessory uses; or a business establishment
that offers services for the bathing and conditioning of domestic
pets or the care during part of a twenty-four-hour day of domestic
pets as a principal use and which may sell food or other pet care
products as an accessory use, provided the uses shall not include
an animal hospital or kennel, as otherwise regulated by this chapter.
PILOT MANUFACTURING
An establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
of equipment required, costs and other information necessary prior
to undertaking full-scale production.
PIPELINE
All parts of those physical facilities through which gas,
hazardous liquids, fresh water, salt water, or chemicals move in transportation,
including but limited to pipe, valves and other appurtenances attached
to pipe, whether or not laid in public or private easement or public
or private right-of-way within the Township, including but not limited
to gathering lines, production lines and transmission lines. This
definition does not include pipelines associated with franchise utilities.
[Added 11-15-2010 by Ord. No. 5-2010]
PIPELINE CONSTRUCTION
The initiation of any excavation or other disturbance of
property for the purpose of installation, construction, maintenance,
repair, replacement, modification or removal of a pipeline.
[Added 11-15-2010 by Ord. No. 5-2010]
PIPELINE OPERATOR
Any person owning, operating or responsible for operating
a pipeline.
[Added 11-15-2010 by Ord. No. 5-2010]
PIPELINE PERMIT
A permit for the movement of gas, oil, water or other products
through pipelines issued by the federal government, state, local or
other applicable authority.
[Added 11-15-2010 by Ord. No. 5-2010]
PLACE OF ASSEMBLY
An indoor or outdoor space with or without fixed seating
used for public gatherings for religious, recreational, educational,
cultural, political, social or entertainment purposes.
PLANNED COMMERCIAL DEVELOPMENT
A development comprised of authorized commercial uses on
a site which is under single ownership and control at the time of
an application for development and which is planned and developed
as a single unit wherein several buildings or lots utilize a common
means of access and may share other common facilities such as parking
and signs.
PLANNED ECONOMIC DEVELOPMENT
A development comprised of one or more of the following:
a planned commercial development, a planned educational campus, an
industrial park or a planned technology park on a site which is under
single ownership and control at the time of an application for development
and which is planned and developed as a single unit wherein several
buildings, lots or planned developments utilize a common means of
access and share other common facilities such as parking, signs and
common open space.
PLANNED EDUCATIONAL CAMPUS
A development comprised of a public, private or commercial
school and the authorized supporting residential, commercial and service
uses on a site which is under single ownership and control at the
time of an application for development and which is planned and developed
as a single unit wherein several buildings or lots utilize a common
means of access and may share other common facilities such as parking
and signs.
PLANNED INDUSTRIAL PARK
A development comprised of authorized industrial uses on
a site which is under single ownership and control at the time of
an application for development and which is planned and developed
as a single unit wherein several buildings or lots utilize a common
means of access and may share other common facilities such as parking
and signs.
PLANNED RESEARCH OR TECHNOLOGY PARK
A development comprised of two or more buildings containing
high technology industries and/or research and development establishments
in a campus environment on a site under single ownership and control
at the time of application for development and which is developed
as a single unit at the time of application wherein several buildings
utilize a common means of access, parking and loading facilities and
uniform signage and may include other shared features.
PLANNED SHOPPING CENTER
A site under single ownership and control which is developed
as a unit for two or more retail businesses in one or more buildings
and designed with shared parking, loading and access facilities and
uniform signage.
PLANNING COMMISSION
The Planning Commission of South Fayette Township, Allegheny
County, Pennsylvania.
PORCH
A roofed or uncovered accessory structure without enclosing
walls with an area of more than 24 square feet that is attached to
or part of the principal building and which has direct access to and
from the principal building.
PRE-SCHOOL FACILITY
An establishment which offers private educational services
to children who are under the minimum age for education in public
schools.
PRINCIPAL USE
The primary or predominant use to which the property is or
may be devoted, and to which all other uses on the premises are accessory.
PRINTING ESTABLISHMENT
An establishment engaged in commercial or job printing, including
offset printing, engraving, photolithographing, and publishing and
binding books, newspapers, pamphlets and other printed materials.
PRIVATE
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit, and restricted
to members and their guests.
PRIVATE CLUB
Any establishment operated by a private organization for
social, recreational, educational, fraternal or sororal purposes,
which is open only to members and their guests and not to the general
public, excluding any adult business, as defined herein.
PRIVATE STABLE
The keeping of horses and/or ponies for personal use and
enjoyment of the residents of the lot, not involving any profit-making
activity.
PRIVATE STREET
A street, including the entire private right-of-way, which
is privately owned and maintained and which is intended for private,
rather than public, use.
PRIVATE USE HELIPAD
A helicopter landing pad licensed by the Pennsylvania Department
of Transportation, Bureau of Aviation and regulated by the Federal
Aviation Administration which is owned by a private entity and restricted
to use by helicopters owned by such entity.
PROTECTED STRUCTURE
Any full-time occupied residence, commercial business, school,
religious institution or other public building that may be impacted
by noise generated from activity associated with oil and gas well
development and/or natural gas compressor station or processing plant.
This term shall not include any structure:
A.
Owned by a grantor or lessor who has signed an agreement granting
surface rights to drill a well and/or erect and maintain a natural
gas compressor station or processing plant; or
B.
Whose owner (or occupants) has (have) signed a waiver relieving
the operator(s) from implementation of the measures established in
this chapter for the owner's (occupants') benefit.
PUBLIC
Owned, operated or controlled by a government agency, federal,
state, county or local.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC PARKING GARAGE
A parking area which is located in a parking structure or
parking garage, which is the principal use on the lot and which may
be operated by either a public agency or private entity, whether for
profit or not, and which is available for use by the general public,
usually for a fee.
PUBLIC PARKING LOT
A parking area on the surface of the ground which is the
principal use on the lot, which may be operated by either a public
agency or private entity, whether for profit or not, and which is
available for use by the general public, usually for a fee.
PUBLIC TRANSIT PARK AND RIDE FACILITY
A paved surface area parking lot constituting a principal
use on a lot intended for use by transit patrons to park vehicles
while using public mass transit.
PUBLIC UTILITY BUILDING OR STRUCTURE
Any administrative building, maintenance building, garage
or other structure intended for human occupancy or storage of movable
equipment or any part of the essential public utility installation,
as defined herein, other than the general transmission distribution
system provided by public utilities, regulated by the Public Utilities
Commission (PUC) or any agency, franchisee or authority of South Fayette
Township which is reasonably necessary to furnish adequate services
to the general public both within South Fayette Township and outside
the Township, including but not limited to long distance transmission
facilities such as electrical power lines or high-pressure natural
gas or petroleum lines, switching facilities, substations, treatment
plants, reservoirs, water towers, transmission towers and similar
facilities.
RECREATION, COMMERCIAL
An indoor or 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, ice or roller rinks, playing
fields, racquet clubs, fitness centers, swimming pools, amusement
parks, amphitheaters and similar facilities.
RECREATION, NONCOMMERCIAL
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, sportsman's club, golf practice facilities, playing
fields, tennis or racquet clubs, swimming pools and similar facilities.
RECREATION, PUBLIC
An enterprise owned and operated by a public entity, available
to the general public, whether or not an admission fee is charged,
including either indoor or outdoor facilities for the pursuit of sports,
recreation or leisure activities, including but not limited to parks,
playgrounds, playing fields, golf courses, golf or batting practice
facilities, ice rinks, tennis courts, swimming pools and similar facilities.
RECREATIONAL VEHICLE
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including but not limited to travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles, jet skis, wave runners, motorcycles and all-terrain
vehicles.
REDRILL
Deepening or sidetrack/horizontal drilling of the existing
well bore extending more than 150 feet from said well bore.
[Added 7-18-2011 by Ord.
No. 4-2011]
REPAIR SHOP
A service establishment providing maintenance and repairs
of personal and household items that can be carried in by hand, including
personal effects (such as jewelry, watches, bicycles), small household
appliances, office equipment, small gasoline engines and similar items,
but not including repair of large appliances, motorized vehicles or
heavy equipment.
RESEARCH AND DEVELOPMENT
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, but not including the mass production
of such products.
RESTAURANT
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.
RESTAURANT; CARRY-OUT
A restaurant where refreshments, beverages, meals or frozen
desserts or the like are served for consumption primarily outside
of the premises and where no more than 12 permanent seats are provided.
RESTAURANT; FAST-FOOD
A restaurant principally devoted to the retail sale of prepared
or premeasured food items where such food items are ordered by the
customer at a window, counter or vehicle rather than from a table
and which is designed to facilitate quick service and takeout orders.
RESTAURANT; SIT-DOWN
An establishment where orders are placed with waitpersons
by customers seated at tables and food and beverages are served at
the table by waitpersons and where the usual length of stay is one
hour or more. A sit-down restaurant may or may not serve alcoholic
beverages for consumption on the premises as an accessory use and
may or may not offer take-out service as an accessory use, but shall
not include a pickup window or drive-thru window.
RETAIL STORE
Any establishment 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.
RETIREMENT COMMUNITY
A residential development designed primarily or exclusively
for occupancy by elderly or retired persons and which includes common
dining and common leisure activities and which may include one or
more of the following special services associated with the needs of
elderly or retired persons such as transportation, limited nursing
facilities, dispensaries, minimum maintenance, laundry service, recreation
programs, personal services (such as beauty and barber shops, or cleaner's
valet service), florist and/or gift shop, doctor's offices, branch
bank, postal service and similar services or facilities.
REWORK
Reentry of existing well within the existing bore hole or
by deepening or sidetrack/horizontal operations (which do not extend
more than 150 feet horizontally from the existing well bore) or replacement
of well liners or casings.
[Added 7-18-2011 by Ord.
No. 4-2011]
RIDING ACADEMY
An establishment where horses are boarded and cared for and
where instruction in riding, jumping and showing is offered for a
fee and where horses may be hired for riding.
SALES OFFICE
A temporary use for the purpose of marketing the dwellingunits
in a residential development or the leasable space or other occupancy
in a nonresidential development.
SALLY PORT
An enclosure located in the perimeter security wall or fence
surrounding a correctional facility which contains gates or doors
at both ends, only one end of which opens at a time, ensuring that
there will be no breach in perimeter security and which may handle
pedestrian or vehicular traffic.
SCHOOL, COMMERCIAL
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
SCHOOL, PUBLIC OR PRIVATE
An accredited institution of learning which offers elementary
and secondary level instruction or which offers associate, bachelor
or higher degrees in the several branches of learning required by
the commonwealth of Pennsylvania.
SEAT
The area required for one individual to sit on as regulated
by the Township Building Code.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or, if such person be female, breast.
SHOOTING RANGE
An indoor or outdoor facility operated for profit which may
or may not include a clubhouse, but which includes facilities for
one or more of the following activities: tournaments, archery, target
shooting, skeet or trap shooting, marksmanship and similar activities.
SIGN
Any structure or device used to attract attention by word
or graphic display.
SIGN, SURFACE AREA OF
In the case of an advertising panel containing letters, the
area enclosed by one continuous line, connecting the extreme points
or edges of the advertising panel or, in the case of freestanding
letters which are mounted on a building wall rather than painted on
or affixed to an advertising panel, the sum of the areas of each letter.
In the case of freestanding pole or ground signs, this area shall
not include the main supporting sign structure, but shall include
all other ornamental attachments and connecting features which are
not part of the main supports of the sign. In the case of letters
which are painted on or affixed to an awning or canopy, rather than
mounted on a wall or affixed to an advertising panel, the area of
the sign shall be the area of the geometric shape formed by outlining
the height and width of all of the letters, including the space between
the individual letters. For two-sided signs, only one face is counted
in computing the surface area.
SITE
A tract of land or one or more contiguous lots proposed for
development.
SITE AREA
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
SLOPE
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.
SPECIALTY RETAIL
A retail establishment devoted exclusively to the sale of
distinctive, high quality merchandise, including one or more of the
following: apparel and accessory boutique; art, music or photography
gallery or studio; antique or interior design shop; bookstore; card,
gift and stationery store; confectionery; florist; bakery; historic
or museum shop; ice cream parlor; jeweler; kitchen accessory shop;
optical shop; newsstand; tobacco shop; travel agency; wine shop; and
specialty shops similar to the above, but excluding establishments
offering general merchandise in a discount setting.
SPORTS COURT
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.
STOOP
A covered or uncovered porch located at a front, side or
rear door to a dwelling unit not exceeding 24 square feet in area.
STORY
That portion of a building 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 any floor and the ceiling
next above it, excluding any story that is 50% or more below grade.
STREET
A public or private recorded right-of-way which affords primary
means of vehicular access to abutting property, but not including
alleys.
STREET LINE
The legal right-of-way line which forms the dividing line
between the street and the lot.
STREET, PUBLIC
A public right-of-way dedicated and open for public use which
has been adopted by the Township, county, commonwealth or governmental
body.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
STRUCTURAL ALTERATION
A change or rearrangement of the structural parts or in the
exit facilities, or an enlargement or diminution of the structure,
whether by extending on the side or increasing the height or depth,
or the moving from one location or position to another.
SUBDIVISION
The division of a lot, tract or parcel of land by any means
into two or more lots, tracts or parcels or other division of land
including any changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the Court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SUPPLY YARD
A commercial establishment engaged in storing and selling
building supplies, industrial supplies or feed and grain primarily
to businesses rather than the general public.
SURVEYOR
A professional surveyor registered in the Commonwealth of
Pennsylvania.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than two feet or a surface area greater than
100 square feet, used or intended to be used for swimming or bathing
and constructed, installed or maintained outside any building, including
aboveground and in-ground swimming pools.
TEMPORARY USE OR STRUCTURE
Any use or structure that is intended to be used either on
a seasonal basis, during the time of construction and completion of
an approved development or for any other period of time that is six
months or less.
TOWNHOUSE
See Subsection L under "dwelling types."
TOWNSHIP
Township of South Fayette, Allegheny County, Pennsylvania.
[Amended 7-18-2011 by Ord. No. 4-2011]
TOWNSHIP RELATED FACILITIES
Public buildings, structures or uses owned and operated by
the Township of South Fayette or any related authority or corporation
that provides services to Township residents, including police, fire,
emergency medical, library and recreation services.
TRAFFIC IMPACT STUDY
An analysis prepared by a qualified traffic engineer, in
accordance with the technical requirements specified in Township Ordinance
No. 4 of 2001, as now or hereafter amended, 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.
TRIPLEX
See Subsection C under "dwelling types."
TRUCK AND HEAVY EQUIPMENT RENTAL, SALES AND SERVICE
An establishment engaged in the rental, sale and/or servicing
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.
TRUCK TERMINAL
A facility to accommodate the fueling, routine maintenance
and storage of trucks and other motorized equipment and trailers and
which may provide warehousing and transfer facilities, as accessory
uses.
USE
The purpose, business or activity for which any land or structure
is utilized.
USE BY SPECIAL EXCEPTION
A use authorized by this chapter which may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
VARIANCE
A departure from the specific regulations of this chapter
which may be granted by the Zoning Hearing Board in accordance with
the criteria established by the Pennsylvania Municipalities Planning
Code (Act 247, as amended) for a particular piece of property which,
because of special circumstances applicable to it, cannot be developed
in compliance with the literal terms of this chapter without undue
physical hardship.
VEHICLE ACCESSORIES SALES AND INSTALLATION
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including
but not limited to such items as tires, hubcaps, mirrors, seat covers,
floormats, tonneau covers, truck caps, windshield wipers, trim packages,
running boards and the like, but not including any mechanical parts.
VEHICLE RENTAL, SALES AND SERVICE
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.
VEHICLE REPAIR GARAGE
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.
WAREHOUSING AND DISTRIBUTION
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.
WATER IMPOUNDMENT, FRESH
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store fresh
water.
[Added 7-8-2015 by Ord.
No. 1-2015; amended 7-13-2016 by Ord. No. 6-2016]
WATER IMPOUNDMENT, WASTE
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store waste
water fluid, including but not limited to brine, fracturing fluid,
produced water, recycled water, impaired water, flowback water, or
any other fluid that does not satisfy the definition of “fresh
water.”
[Added 7-8-2015 by Ord.
No. 1-2015; amended 7-13-2016 by Ord. No. 6-2016]
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.
[Added 11-15-2010 by Ord. No. 5-2010]
WELL SITE
A graded pad designed and constructed for the drilling of
one or more oil and gas wells.
[Added 11-15-2010 by Ord. No. 5-2010]
WHOLESALE BUSINESS
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.
WOODLANDS
Areas, groves or stands of mature or largely mature trees
which are greater than six inches caliper (diameter) at a height of
14 inches above the ground which cover a land area greater than one-quarter
of an acre; or any grove of more than 10 individual trees which are
mature having a caliper (diameter) greater than 12 inches at a height
of 14 inches above the ground.
YARD
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.
YARD, FRONT
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.
YARD, SIDE
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.
YARD, REAR
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.
ZONING AMENDMENT
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.
ZONING CERTIFICATE
A document issued by the Zoning Officer indicating that approval
of a conditional use has been granted by the Board of Commissioners
or approval of a use by special exception has been granted by the
Zoning Hearing Board or approval has been granted by the Zoning Officer
for a permitted use by right, pursuant to the procedures of this chapter
indicating compliance with all applicable requirements of this chapter,
which approval is prerequisite to the issuance of a building permit
and/or certificate of occupancy.
ZONING DISTRICT
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
ZONING DISTRICT MAP
The official map delineating the zoning districts of South
Fayette Township, Allegheny County, Pennsylvania, together with all
amendments subsequently adopted which is incorporated in and made
a part of this chapter by reference thereto.
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of South Fayette,
Allegheny County, Pennsylvania.
ZONING OFFICER
That person or persons, agency or corporation appointed by
the South Fayette Township Board of Commissioners and charged with
the responsibility of administering and enforcing this chapter.