The words that are defined in this article shall be interpreted as they are defined here. Words that are not defined here shall be given their usual and ordinary meaning within the Borough of Emsworth. See §
245-7, Interpretation of language, for other rules concerning the interpretation of this chapter's wording.
ACCESSORY BUILDING
A building which is subordinate to the main building on the
lot and is used for purposes customarily incidental to the use of
the main building or lot.
ACCESSORY STRUCTURE
A structure detached from a principal building but located
on the same lot. It serves a customarily incidental and subordinate
use to the use of the lot as a whole or the lot's principal building.
AGRICULTURAL SERVICE BUSINESS
Establishments primarily engaged in supplying soil preparation
services, crop services, landscaping, horticultural services, veterinary
and other animal services, or farm labor and management services.
AISLE
The traveled way by which cars enter and depart parking spaces.
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
ANTENNA
A device used to collect or transmit telecommunications or
radio signals, including panels, microwave dishes, and single poles
known as "whips."
ANTIQUE SHOP
An establishment where the primary activity is the sale of
antiques and collectibles by individual dealers, including but not
limited to such items as jewelry, vintage books, furniture, home furnishings,
ceramics, and clothing.
ARCADE
Any establishment or portion thereof in which there are four
or more games or amusements. These games or amusements include, but
are not limited to, electronic and video games, pinball machines,
shooting gallery, table games, and similar amusement devices whether
coin operated or on free play.
ARCHITECTURAL CONCEPT
The basic aesthetic idea of a building, group of buildings,
group of structures, or site and landscape development that produces
distinctive character.
ART GALLERY or ART MUSEUM
A room or structure in which original works of art or limited
editions of original art are bought, sold, loaned, appraised or exhibited
to the general public.
ASSEMBLY (LIGHT)
An establishment engaged in the manufacture or products or
parts, predominantly using previously prepared material, including
processing, fabrication, assembly, treatments, and packaging of such
products, and incidental storage, sales and distribution of such products.
AUDITORIUM
A building or room designed to accommodate groups of people
for meetings, performances or events.
AUTOMOBILE
A self-propelled free-moving vehicle with four or more wheels
that is intended to be used primarily as conveyance on a street or
roadway.
AUTOMOBILE PARTS STORE
A store used to display and sell to retail customers parts
for the repair and maintenance of automobiles, motorcycles, trucks,
or similar vehicles.
AUTOMOBILE REPAIR SHOP
A business that engages in engine rebuilding, major reconditioning
of broken or damaged motor vehicles or trailers, collision repair
service (including body, frame, or fender straightening or repair),
vehicle painting, replacement of parts, motor service to automobiles,
and/or state inspections.
AUTOMOBILE SALES
The use of any building, land area, or other premises for
the display and sale of new or used automobiles, trucks, vans, trailers,
or recreational vehicles, including any vehicle preparation or repair
work conducted as an accessory use.
BAIT SHOP
An establishment which is primarily engaged in the retail
sale of products used for fishing including but not limited to live
bait and fishing gear.
BAKERY
An establishment which is primarily engaged in the production
and sale of baked products for consumption off site.
BANK or FINANCIAL INSTITUTION
An establishment engaged in deposit banking. Typical uses
include commercial banks, savings institutions and credit unions.
BANNER
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or building by a permanent frame at
one or more edges. National flags, state or municipal flags, or the
official flag of any institution or business shall not be considered
banners.
BAR
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption. Food may be available for consumption
on the premises as an accessory use. Such establishments are licensed
by the Pennsylvania Liquor Control Board.
BARBERSHOP
A business that engages primarily in cutting and dressing
hair, shaving and trimming beards, and performing related services.
BASEMENT
A structure story that is partly underground, but has at
least 1/2 of its height above the average level of the adjoining ground.
BEACON
Any light with one or more beams directed into the atmosphere
or directed at one or more points that are not on the same lot as
the light source.
BEAUTY PARLOR
A business that engages primarily in cutting, dying, highlighting,
styling and dressing of hair, manicures, pedicures, and performing
related services.
BED-AND-BREAKFAST ESTABLISHMENT
The provision of overnight accommodations for transient guests
on a daily or weekly basis. The owner of the dwelling must live on
the premises.
BEVERAGE DISTRIBUTOR
A drive-through or walk-in retail establishment who, through
the licensing process of the Pennsylvania State Liquor Control Board,
is permitted to display, store, sell and distribute alcoholic beverages
other than those sold in state liquor stores. The retail establishment
may also sell other beverages and minor food items.
BICYCLE REPAIR SHOP
A retail or wholesale store whose primary business is the
repairing of nonmotorized bicycles, but may also engage in the reselling
of repaired bicycles and parts.
BOOKSTORE
An establishment primarily engaged in the retail sale of
books square feet and may serve beverages and light foods to be consumed
on the premises.
BOWLING ALLEY
An establishment that provides the general public the opportunity
to rent lanes for the purpose of bowling. The establishment may also
engage in the rental of shoes and bowling balls and other related
bowling equipment. Additionally, the bowling alley may serve food
and beverages, alcoholic beverages as permitted by the Pennsylvania
SLCB, and may engage in retail sales of bowling and other similar
sport related equipment.
BUILDING
Any structure having a roof supported by columns or walls
that is intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, business, or materials of any kind.
BUILDING, ACCESSORY
A building which is subordinate to the main building on the
lot and is used for purposes customarily incidental to the use of
the main building or lot.
BUILDING COVERAGE
The total square feet of a lot's area that is covered by
buildings.
BUILDING FRONTAGE
A side of a building that faces a street to which the building's
lot is adjacent.
BUILDING MARKER
Any sign indicating the name and date of a building, as well
as incidental information about its construction, which is cut into
a masonry surface or made of bronze or other permanent material.
BUILDING, PRINCIPAL
The building in which is conducted the principal use of the
lot (or in the case of sign regulations, lot) on which it is located.
Lots or lots with multiple principal uses may have multiple principal
buildings, but storage buildings, garages, and other clearly accessory
uses shall not be considered principal buildings.
BUILDING SIGN
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
CAMPGROUND
Any lot upon which two or more overnight camp sites and/or
overnight camping trailers occupied for temporary shelter, dwelling,
recreation or vacation uses may be located on a nonprofit or for-profit
basis.
CANOPY SIGN
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
CARTWAY
The paved area of a street between the curbs; including travel
lanes and parking areas but not including shoulders, curbs, sidewalks,
or swales.
CAR WASH
A commercial structure, maintained as a for-profit business,
that contains facilities for washing and drying automobiles. The application
of cleaners, brushes, rinse water, and heat for drying may be automatic,
semiautomatic, or manual.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated to cemetery purposes, including columbariums, crematories,
mausoleums, and mortuaries, when operated in conjunction with and
within the boundary of such cemetery.
CHANGEABLE COPY SIGN
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or surface
of the sign. A sign on which the message changes more than eight times
per day shall be considered an animated sign and not a changeable
copy sign for the purposes of this chapter. A sign on which the only
copy that changes is an electronic or mechanical indication of time
or temperature shall be considered a "time and temperature" portion
of a sign and not a changeable copy sign for the purposes of this
chapter.
CHANGE OF USE
Any business or activity modification that involves changing
the classification of a land use under the Standard Industrial Classification
Manual from one three-digit group to another three-digit group. Changes
of occupancy or changes of ownership shall not be construed as change
of use.
CHILD-ORIENTED BUSINESS
A commercial establishment which, as one of its principal
business purposes, serves and/or sells to children and their families
food, apparels, goods, services, play and/or entertainment.
CLINIC
An establishment providing therapeutic, preventative, corrective,
healing and health-building treatment services on an outpatient basis
by physicians, dentists and other practitioners. Typical uses include
medical and dental offices and clinics and outpatient medical laboratories.
CLUBS, LODGES
A building and related facilities owned or operated by a
corporation, association or group of individuals established for the
fraternal, social, educational, recreational or cultural enrichment
of its members and not primarily for profit, and whose members pay
dues. A private club or lodge does not include a facility where the
principal membership requirement is payment of a membership or admission
fee.
COMMERCIAL BUILDING
A building whose principal use is a commercial use. Hence,
a building with a store on the first floor and apartments on the second
floor is a commercial building.
COMMERCIAL MESSAGE
Any sign, wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
COMMERCIAL USE
An activity involving the sale of goods or services carried
out for profit. A home occupation is excluded from this category solely
for the purposes of this chapter.
COMMUNICATIONS FACILITIES
Any communications tower, including its equipment and associated
structures, operated by any person, agency, or corporation, not otherwise
a public utility, or a municipal subdivision or agency thereof, as
defined herein, who or which furnishes mobile domestic cellular radio
telecommunications services, or other communications services for
public or private use, or is otherwise involved in receiving, relaying
or transmitting telecommunications or radio signals.
[Added 5-8-2002 by Ord. No. 927]
COMMUNITY CENTER (NONPROFIT)
A facility used for social or recreational programs generally
open to the public and intended to accommodate and serve significant
segments of the community.
COMPACT CAR
Any motor vehicle that does not exceeded 15 feet in length,
bumper to bumper, or five feet, nine inches, in width.
CONTRACTOR'S YARD
An establishment primarily engaged in construction, building
maintenance and building repair activities, including heating and
electrical businesses, building maintenance and building movers.
CONVALESCENT CENTER, NURSING HOME
A facility providing care for three or more aged or disabled
persons not related by blood or marriage to the operator. Nursing
homes are classified as "dependent" or "independent" living facilities
depending upon the degree of support services on site. Convalescent
center mean places or institutions which make provisions for medical
treatment and bed care, or for chronic care of persons who by reason
of age, illness or physical infirmity are unable to properly care
for themselves. No services are provided to nonresidents.
CONVENIENCE STORE
A small retail store selling commonly purchased groceries,
fast-foods, household goods and impulse item not located on the same
parcel as a service station or operated in conjunction with a service
station with common parking.
CORRECTIONAL FACILITY
A facility providing housing and care for individuals confined
for violations of the law, including pre- and work-release facilities.
COUNTRY CLUB
A land area and buildings containing golf courses, recreational
facilities, a clubhouse, and customary accessory uses. Such clubs
are usually open only to members and their guests.
COVERAGE
That percentage of the parcel or lot area that is covered
by the buildings, paved areas, parking areas, and accessory structures.
CREMATORIUM
An establishment containing a furnace designed to reduce
(as a dead body) to ashes by burning.
DANCE HALL
Any place where public dances are held or conducted, other
than when incidental to the operation of a hotel, apartment hotel,
banquet room, catering hall, church, school or lodge.
DATA PROCESSING FACILITY
A commercial establishment that engages in the processing
of data through employees and computer equipment.
DAY-CARE CENTER
Any premises other than the child's own home operated for
profit or not for profit, in which child day-care is provided at any
one time to six or more children who are not relatives of the caregiver.
DENSITY
The number of families, individuals, dwelling units, households,
or housing per unit of land.
DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE
In accordance with the Pennsylvania Flood Plain Management
Act and regulations adopted by the Department of Community
and Economic Development pursuant to that Act; any activity requiring
the production, storage, use of any amount of radioactive substances;
structures or land used for the production or storage of any quantity
of the following materials; or structures or land used for any activity
requiring the maintenance of a supply (more than 550 gallons or other
comparable volume) of the following materials:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
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Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
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Potassium
Sodium
Sulfur and sulfur products
Pesticides (including insecticide, fungicides
and rodenticides)
Radioactive substances, insofar as such substances
are not otherwise regulated
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DRY-CLEANING ESTABLISHMENT
An establishment that is primarily engaged in dry-cleaning
and laundry services, including pressing, repair, and dry cleaning,
and may include personal services directly to a consumer.
DWELLING UNIT
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
ENCROACHMENT
Any structure or activity which in any manner changes, expands
or diminishes the course, current or cross section of any watercourse,
floodway or body of water.
ERECT
To build, construct, attach, hang, place, suspend, or affix.
Also, to paint a wall sign is to erect that sign.
EXTERMINATOR
A retail establishment whose business it is to kill insects,
rodents, and other vermin.
FAMILY
An individual, or two or more persons related by blood, marriage
or adoption, living together in a dwelling unit; or a group of not
more than five individuals not necessarily related by blood, marriage,
adoption, or guardianship, living together in a dwelling unit as a
single housekeeping unit under a common housekeeping management plan
based on an intentionally structured relationship. A group of not
more than five unrelated disabled people living together as a single
housekeeping unit in a dwelling unit and sharing common facilities
as considered reasonably appropriate for a family related by blood,
marriage, adoption or guardianship. If appropriate, one staff person
may reside on the premises and will not be included in the total number
of occupants. Any additional staff shall be included in the total
number of occupants.
FARM
Any tract of land containing at least three acres which is
used for dairying or for the raising of agricultural products, forest
products, livestock or poultry, and which may include facilities for
the sale of such products from the premises where produced. The definition
of "farm" shall not include agricultural industries.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
FENCE, LIVING
A planted visual barrier provided along a property line consisting
of low-level shrubs, hedges, or similar landscape screening materials,
excluding trees.
FLAG
For the purposes of this chapter, this category includes
the flags of the United States, the states themselves, local governments,
foreign nations having diplomatic relations with the United States,
institutions, businesses, and any other flag adopted or sanctioned
by an elected legislative body of competent jurisdiction. Any flag
that does not meet these requirements shall be considered a banner
sign by this chapter.
FLOODPLAIN
Any land susceptible to being inundated by water from any
source during the base flood, as shown on the most current floodplain
maps prepared by the Federal Insurance Administration and approved
by the Federal Emergency Management Agency (FEMA) for the purpose
of determining the official federal designated floodplain, floodway
and floodway fringe. These maps are based on the most current Flood
Insurance Study prepared by the Federal Emergency Management Agency;
the Study being the definitive source of floodplain information, particularly
in regards to base flood elevations and floodway widths.
FLOODWAY
The channel of a river or other watercourse and adjacent
land areas that shall be reserved in order to discharge the waters
of the base flood; in this section, as shown on maps prepared by the
Federal Insurance Administration of the Federal Emergency Management
Agency. Where no floodway has been delineated within a floodplain,
the floodway is established for regulatory purposes as extending 25
feet landward from the top bank of a stream.
FOOD CATERING FACILITY
An establishment that provides food and service to groups,
individuals, clubs, events, etc., on a contractual basis.
FORESTRY ACTIVITIES
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land developments.
FREESTANDING SIGN
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
FUNERAL HOME, MORTUARY
An establishment engaged in undertaking services such as
preparing the human deceased for burial, and arranging and managing
funerals, including mortuaries and crematoria.
FURNITURE STORE
An establishment which is primarily engaged in the retail
sale of furniture.
GARAGE
A deck, building, parking structure, or part thereof used
or intended to be used for the parking and storage of vehicles.
GARAGE, COMMUNITY
A garage used exclusively for parking and storage of vehicles
that are owned or operated by residents of nearby dwelling units and
their guests. Such a garage is neither operated as a commercial enterprise
nor available to the general public. It is operated by the residents
themselves.
GARAGE, PRIVATE CUSTOMER AND EMPLOYEE
A structure that is accessory to a retail commercial or manufacturing
establishment and is used primarily for the parking and storage of
vehicles operated by the establishment's customers, visitors, and
employees.
GARAGE, PRIVATE RESIDENTIAL
A structure that is accessory to a residential building and
that is used for the parking and storage of vehicles owned and operated
by the residents thereof. A private residential garage is not a separate
commercial enterprise available to the general public.
GARAGE, PUBLIC
A structure or portion thereof that is used primarily for
the parking and storage of vehicles and that is available to the general
public, but is not a private residential garage, private customer
and employee garage, community garage, or municipal garage.
GASOLINE STATION
An establishment primarily engaged in the retail sale of
gasoline or other motor fuels, that may include accessory activities
such as the sale of lubricants, automotive accessories or supplies;
the lubrication or washing of motor vehicles; a small retail store
selling commonly purchased groceries, fast-foods, household goods
and impulse items, and located on the same parcel as a service station
or operated in conjunction with a service station with common parking;
and the minor adjustment or repair of motor vehicles.
GOLF COURSE
A tract of land laid out for playing the game of golf and
improved with tees, greens, fairways, hazards, and at least nine holes.
A golf course may include a clubhouse, shelter and driving range.
GOLF DRIVING RANGE
A commercial business whose primary function is to provide
an enclosed area where customers may practice golf shots, purchase
golf equipment, rent equipment, or receive golfing lessons. The range
may be either a stand alone business or accessory to a golf course.
GOVERNMENTAL AGENCY
Any department, commission, independent agency, or instrumentality
of the United States, the Commonwealth of Pennsylvania, Allegheny
County, the Borough of Emsworth, or any other relevant governmental
authority.
GROCERY STORE, SUPERMARKET
A park, playground or other facility or open space area providing
active or passive recreational opportunities for the general public.
A retail store, the primary function of which is the sale of staple
good and other basic life necessities.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less that six feet.
GROUP HOME
A residence occupied by unrelated persons who either by choice,
referral, and/or governmental policy cannot live independently by
themselves, but instead require a level of assistance, monitoring,
or supervision related to individual situations. A group home may
be distinguished from large-scale hospitals or institutions that serve
the same purpose by the family-like setting in which its residents
live.
GUNSMITH, HUNTING SUPPLIES STORE
Any business establishment, duly licensed by the appropriate
agencies of the United States of America and the Commonwealth of Pennsylvania,
that engages in the sale of firearms, repair of or firearm related
supplies, either by wholesale or retail, mail order or any other manner.
HEALTH CLUB
An establishment that provides facilities for exercise such
as running and jogging tracks or treadmills, exercise equipment, game
courts, swimming facilities, saunas, showers, massage rooms, and lockers.
HEAVY INDUSTRIAL USE
A land use that:
A.
Engages in research and development, wholesale
distribution, storage, warehousing, packaging, production, fabrication,
processing, cleaning, servicing, repair, testing, and/or manufacturing
activities; but
B.
Cannot be classified as a "light industrial"
use: and
C.
Includes all other uses of industrial nature
undefined herein, not specifically prohibited by law.
HEIGHT REGULATIONS
A regulation that limits the height of a building or structure. These controls are always "maximum" height regulations in this chapter (i.e., they specify, in feet, the greatest height that a building or structure is allowed to achieve). Such heights are measured, for all structures that are neither buildings or signs, as the vertical distance from the finished grade to the highest point of the structure. For buildings, they are measured as the vertical distance from the finished grade to the top of the highest roof beams on a flat or shed building roof, the deck level on a mansard roof, or the ridge level on a gable, hip, or gambrel roof. Section
245-54, Computations, explains how to measure the height of a sign.
HOSPITAL
A state or federally licensed institution providing primary
health care services and medical or surgical care to persons who are
primarily inpatients that are suffering from illness, disease, injury,
deformity, or other abnormal physical or mental conditions. Hospitals
contain, as an integral part of the institution, related facilities,
such as laboratories, outpatient facilities, training facilities,
medical offices, and staff residences.
HOTEL
A facility offering transient lodging accommodations to the
general public once a day or on a weekly basis and providing additional
services such as restaurants, meeting rooms, entertainment, and recreational
facilities.
HOUSEHOLD
Either a family living together, or a single person living
alone, in a single dwelling unit with common access to and common
use of all areas within the dwelling. See "family."
INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives.
No sign with a commercial message legible from a position off the
lot on which the sign is located shall be considered incidental.
INDUSTRIAL BUILDING
A building whose principal use is an industrial use. Hence,
a building that contains a factory and an employee cafeteria is an
industrial building.
INDUSTRIAL USE
An activity involving the manufacture of tangible goods from
either raw or processed materials. A home occupation is excluded from
this category solely for the purposes of this chapter.
INFRASTRUCTURE
Facilities and services needed to sustain a community's industrial,
residential, commercial, and public activities.
INN
A commercial facility for the housing and feeding of transients
in a house like structure that does not provide any of the services
included in the definition for adult motel as defined in Emsworth
Borough Ordinance No. 900, Sexually Oriented Businesses.
JUNKYARD
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of waste paper, rags, scrap metal
or discard material; or for the collecting, dismantling, storage and
salvaging of machinery or vehicles that are not in operating condition;
or for the sale of parts thereof. Typical uses include automobile
salvage yards and junkyards.
KENNEL or ANIMAL GROOMING FACILITY
A use or structure intended and used for the breeding or
storage of animals for sale or for the training or overnight boarding
of animals for persons other than the occupant of the lot.
LAND
Ground, soil, or earth, including structures on, above, or
below the surface.
LANDFILL
A disposal site in which refuse and a suitable cover materials
are deposited and compacted in alternative layers of specified depth
in accordance with an approved plan.
LANDOWNER
The legal, equitable 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 any other person having a proprietary interest in land.
LANDSCAPE
A.
An expanse of natural scenery;
B.
Lawns, trees, plants, rocks, wood chips, and
decorative features such as sculptures, patterned walks, fountains,
and pools.
LIBRARY
A facility housing a collection of books, magazines or other
material which is loaned to the general public without charge, excluding
adult content as defined in Emsworth Borough Ordinance No. 900.
LIGHT INDUSTRIAL USE
A light industrial use fits into one of the following two
categories:
A.
A land use that engages in the research and
development, wholesale distribution, storage, warehousing, packaging,
and/or light manufacturing of the products listed in the table below,
so long as substances which have been identified as hazardous materials
by federal, state, county, or Borough actions are not used or handled
in quantities greater than those that would normally be associated
with commercial operations:
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Art equipment
Audio equipment
Ceramics, pottery, or figurines using only
previously fired clay and kilns fired by
either electricity or gas
Clocks
Communications equipment
Computers and computer equipment
Data processing equipment and systems
Electric household appliances and equipment
Electric, neon, or billboard signs
Graphics
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Ice
Lasers
Medical instruments
Medicine
Metering equipment
Musical instruments
Novelties
Optical devices and equipment
Passive electronic components
Photographic equipment
Printed and published materials
Radios or radio equipment
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Robotics
Rubber and metal hand stamps
Semiconductors
Sheet metal products such as heating and
ventilation ducts, cornices, and eaves
Television equipment
Toys
Vacuum technologies
Watches
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B.
Land uses involved in the wholesale distribution,
storage, warehousing, manufacturing, processing, canning, or packaging
of goods from previously prepared materials that are listed below,
so long as the involved facility does not render or refine fats and
oils, and handle substances (in quantities greater than those normally
associated with commercial operations) that have been identified as
hazardous materials by federal, state, county, or Borough actions:
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Agricultural products
Animal or human hair
Bone
Canvas
Cellophane
Cloth
Cork
Cosmetics
Dairy products
Drugs
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Feathers
Felt
Food products
Fur
Glass
Horn
Leather
Natural fibers
Paint
Paper
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Pharmaceuticals
Plastics
Precious or semi-precious metals or stones
Shell
Soaps
Soft drinks
Textiles
Tobacco
Wood
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LIQUOR STORE
A retail establishment that engages in the selling of alcoholic
beverages as defined by the Pennsylvania State Liquor Control Board.
LODGING ROOM
A room rented once daily or on a weekly basis as sleeping
or living quarters, without cooking facilities and with or without
an individual bathroom.
LOT
A tract or parcel of land, regardless of size, intended for
transfer of ownership, use, lease, improvements, or development, regardless
of how it is conveyed. "Lot" shall mean parcel, plot, site, or any
similar term which shall not be further subdivided.
LOT AREA
The horizontal area contained within the property lines of
a parcel of land as shown on a subdivision plan, excluding space within
any street, but including the area of any easement. A "minimum lot
area requirement" specifies the smallest area that a lot may have.
LOT, CONFORMING
An occupied or unoccupied lot whose area and dimensions meet
the requirements of the zoning district in which it is located.
LOT, CORNER
A lot either abutting on two or more streets at their intersection
or abutting on two parts of the same street forming an interior angle
of less than 135°.
LOT COVERAGE
The percentage of a lot's area that is covered by buildings.
See "building coverage." A "maximum lot coverage requirement" specifies
the largest number that this percentage is allowed to reach.
LOT DEPTH
The distance between the front lot line and rear lot lines,
measured perpendicularly to the right-of-way line at the median between
the two side lot lines.
LOT, FLAG
A large lot that does not meet minimum lot frontage requirements
and whose access to the involved public road is a narrow, private
right-of-way or driveway.
LOT FRONTAGE
That side of a lot abutting on a street or way, and ordinarily
regarded as the front of the lot, but it shall not be considered as
the ordinary side of a corner lot. A "minimum lot frontage requirement"
specifies the shortest length permitted.
LOT, IMPROVED
A lot on which a building either can be constructed and occupied
or has been constructed.
LOT LINE
A line of record bounding a lot that divides it from an adjacent
property, street, right-of-way, or public space. There are five kinds
of lot lines, as specified below:
A.
LOT LINE, FRONTOn lots that are not corner lots, this is a lot line that abuts the right-of-way of a street. On corner lots, this is the lot line that abuts the right-of-way of the street (or street segment) that the main front of the principal structure located on that lot faces (or will face).
B.
LOT LINE, REARA lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of triangular or otherwise irregularly shaped lots, the rear lot line is a line 10 feet in length that is entirely within the lot, parallel to the front lot line, and at a maximum distance from the front lot line.
C.
LOT LINE, SIDEOn noncorner lots, this is any lot line other than a front or rear lot line.
D.
LOT LINE, SIDE STREETOn corner lots, this is a lot line that abuts the right-of-way of a street, but is not a front lot line.
LOT OF RECORD
A lot that exists as shown or described on a plat, subdivision
or deed in the records of the local recorder of deeds.
LOT, RECORDED
A lot that has been designated on a plot or a subdivision,
and has been duly recorded with the Recorder of Deeds of Allegheny
County. A recorded lot may be conforming or nonconforming.
LOT REGULATIONS
A minimum lot area requirement, a minimum lot frontage requirement,
or a minimum lot coverage requirement.
LOT, REVERSE FRONTAGE
A through lot that is not accessible from one of the parallel
or nonintersecting streets on which it fronts.
LOT, THROUGH
A lot that fronts on two streets that do not intersect at
the boundaries of the lot.
LOT WIDTH
The horizontal distance between the side lines of a lot,
measured at right angles to its depth along a straight line that is
parallel to the front lot line.
MACHINERY SALES AND/OR SERVICE BUSINESS
A retail or wholesale establishment where farm machinery,
construction equipment, industrial or mining equipment, commercial
trucks, boats or similar equipment are displayed and sold.
MANUFACTURED HOUSING
Factory-built, single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401), commonly known as the "HUD (U.S. Department of
Housing and Urban Development) code."
MARQUEE
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
MARQUEE SIGN
Any sign attached to or made a part of a marquee. A permanent
roof-like structure or canopy of rigid materials supported by and
extending from the facade of a building.
MINOR TRAFFIC GENERATOR
Any use or uses that generate less than a total of five hundred
vehicle trips per day. See "major traffic generator."
MIXED-USE DEVELOPMENT
A tract of land, building, or structure that contains a variety
of complementary and integrated uses in a compact urban form.
MOBILE HOME
A transportable, residential structure 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 on 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 erections 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 thereon of mobile homes. Also, a site containing
spaces with required improvements and utilities that are leased for
the long-term placement of mobile homes and that may include services
and facilities for the residents.
MODEL HOME SALES OFFICE
A temporary retail establishment that engages in the selling
of lots and home plans in a developing subdivision.
MOTEL
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside (i.e., guests
need not pass through the main lobby of the building to get outside).
MUNICIPALITY
A political subdivision that can adopt and enforce development
ordinances if so empowered by state legislation.
MUSEUM
An institution devoted to the procurement, care, study, and
display of objects of lasting interest or value; a place where objects
are exhibited.
NEIGHBORHOOD
An area of a community with characteristics that distinguish
it from other areas of that community, and which may include distinct
ethnic or economic characteristics, housing types, schools, or boundaries
defined by physical barriers (e.g., major highways, railroads, and
natural features such as rivers).
NIGHTCLUB
An establishment dispensing liquor and food. Music, dancing,
or other forms of entertainment may be conducted in a nightclub.
NONCONFORMING LOT
A lot whose area or dimension was lawful prior to the adoption or amendment of a zoning ordinance, but fails to conform to the present requirements of the zoning ordinance. See §
245-17, Nonconformities.
NONCONFORMING SIGN
A sign that:
A.
Was legally established before the effective date of this chapter's enactment (see §
245-6, Effective date of chapter's enactment); and
B.
Does not conform the requirements of §
245-54, Computations, §
245-55, Signs allowed on private property with and without permits, §
245-57, Signs in public right-of-way, or §
245-59, Prohibited signs.
NURSERY
Land or greenhouses used to raise flowers, shrubs, and plants
for sale.
OBSTRUCTION
Any projection, excavation, building, structure, stockpile,
refuse, fill or matter in, along, across or projecting into any channel,
watercourse or floodplain area which may impede, retard or change
the direction of the flow of water either in itself or by catching
or collecting debris carried by such water or which is placed where
the flow of the water might carry the same downstream.
OCCUPANCY or OCCUPIED
Either the residing of an individual or individuals overnight
in a dwelling unit, or the storage or use of equipment, merchandise,
or machinery in any public, commercial or industrial building.
OFFICE
A space within a structure or a portion thereof intended
or primarily suitable for vocational occupancy by persons or entities
which perform, provide for their own benefit, or provide to others
at that location, services similar to the following: professional,
insurance, accounting, architectural design, engineering, management,
consulting, legal, technical, and design, or the office functions
of manufacturing and warehousing businesses. However, office uses
exclude retail uses, repair, any business characterized by the physical
transfer of tangible goods to customers on the premises, wholesale
shipping, receiving, storage, and design showcases or any other space
intended and primarily suitable for the display of goods.
OFFICE (MEDICAL OR DENTAL)
An office that provides medical, dental, chiropractic, psychiatric,
or therapeutic massage care to human beings on the premises.
OFF-SITE IMPROVEMENTS
Improvements required to be made off-site as a result of
an application for development. Such improvements may include, but
are not limited to, road widening and upgrading, stormwater facilities,
and traffic improvements.
OFF-SITE PARKING
Parking provided for a specific use but located on a site
other than the one on which the specific use is located.
OFF-STREET LOADING BERTH
An area for the loading or unloading of cargo that is directly
accessible to an access aisle, and which is not located on a dedicated
street right-of-way.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and which is not located on a dedicated
street right-of-way.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is located
on a dedicated street right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for either public
enjoyment or the use of owners, occupants, their guests, or the residents
of land adjoining or neighboring such open space.
ORDINANCE
A municipally adopted law or regulation.
ORNAMENTAL TREE
A deciduous tree planted primarily for its ornamental value
or screening ability. An ornamental tree tends to be smaller at maturity
than a shade tree.
OUTDOOR STORAGE
The keeping of any goods, junk, material, merchandise, or
vehicles in the same enclosed area for more than 24 hours.
OVERLAY ZONE
A zoning district that encompasses one or more underlying
zones, and that imposes additional requirements above those required
by the underlying zones.
PARKING AREA
Any public or private area, under or outside of a building
or structure, designed and used for parking motor vehicles. This term
includes parking lots, garages, private driveways, and legally designated
areas of public streets.
PARKING AREA, PRIVATE
A parking area for the exclusive use of the owners, tenants,
lessees, customers, employees, or occupants of either the lot the
on which the parking area is located or the business situated on that
lot.
PARKING LOT
An off-street, ground-level open area used for the temporary
storage of motor vehicles. Parking lots are improved.
PARKING SPACE
A space for the parking of one motor vehicle within a public
or private parking area.
PENNANT
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, and designed to move in the wind.
PERMIT
Written governmental permission issued by an authorized official,
empowering the holder thereof to do some act not forbidden by law
but not allowed without such an authorization.
PERMITTED ACCESSORY USE
A land use or structure that:
A.
Is allowed by right in a zoning district;
B.
Is subject to the restrictions applicable to
the zoning district in which it is located; and
C.
Is customarily incidental and subordinate to
the principal use of the lot on which it is located.
PERMITTED PRINCIPAL USE
A land use or structure that:
A.
Is allowed by right in a zoning district;
B.
Is subject to the restrictions applicable to
the zoning district in which it is located; and
C.
Is the principal use of the lot on which it
is located.
PERMITTED USE
A land use that is allowed by right in a zoning district
and is subject to the restrictions applicable to the zoning district
in which it is located.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license has been issued.
This person is also the individual listed as an applicant on the application
for a permit and/or license.
PERSON
Any association, company, corporation, firm, organization,
or partnership, singular or plural, of any kind.
PET SHOP
A retail store, the primary function of which is the sale
of typical household pets such as cats, dogs, birds, fish, hamsters,
gerbils, mice, and all equipment, toys and food for typical household
pets.
PHOTOGRAPHY STUDIO
An commercial establishment where the art or process of producing
images on a sensitized surface by the action of radiant energy and
especially light takes place.
PLACE OF WORSHIP
A.
A church, synagogue, temple, mosque, or other
facility that is used for prayer or worship by persons of similar
beliefs.
B.
A special purpose building that is architecturally
designed and particularly adapted for the primary use of conducting,
on a regular basis, formal religious services by a religious congregation.
PLAT
A.
A map representing a tract of land showing the
boundaries and locations of individual properties and streets.
B.
A map of a subdivision or a site plan.
PLAT, FINAL
A map of a subdivision, a site plan, or a portion thereof
that is presented to an approving authority for final approval.
PLAT, PRELIMINARY
A map indicating the proposed layout of the subdivision or
site plan that is submitted to the approving authority for preliminary
approval.
PLAT, SKETCH
An informal concept map of a proposed subdivision or site
plan. A sketch plat has sufficient details to be used for the purposes
of discussion and classification.
PLAYGROUND
An active recreational area with a variety of facilities,
including equipment for younger children, court games, and field games.
PLAZA
A new development or existing single structure designed to
be occupied by multiple retail businesses or business offices primarily
through floor space rental or lease agreements. A group of retail
establishments planned, constructed, and managed as a total entity
with customer and employee parking provided on-site, provision of
goods delivery separated from customer access, and protection from
the elements via a canopy or other enclosure.
PLAZA SIGN
Any sign located on a lot designated as a plaza. A freestanding,
externally or internally illuminated, permanent structure whose purpose
is to identify the plaza name and the names of the individual occupants.
PLOT
A.
A single unit parcel of land.
B.
A parcel of land that can be identified and
referenced to a recorded plat or map.
POOL HALL
Any establishment or portion thereof in which there are four
or more billiard tables.
PORTABLE SIGN
Any sign not permanently attached to the ground or another
permanent structure, or a sign designed to be transported. This includes,
but is not limited to, signs designed to be transported by means of
wheels; signs converted to A- or T-frames; menu and sandwich board
signs; balloons used as signs; umbrellas used for advertising; and
signs attached to or painted on vehicles parked and visible from the
public right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
PRINCIPAL USE
The primary or predominant uses of any lot or parcel.
PRINTING AND/OR PUBLISHING FACILITY
Any establishment engaged in the business or profession of
the commercial production and issuance of literature, information,
musical scores or sometimes recordings, or art; the production of
printed matter by means of a desktop computer having a layout program
that integrates text and graphics; publishing in which information
is distributed by means of a computer network or is produced in a
format for use with a computer ; or to impress something in or.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained
for the conduct of that profession with proper license or certification.
PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall. A projecting sign incorporates a heavy, integral,
steel frame and mounting bolts or steel supports that completely penetrate
the building wall. These "through bolts" or supports must be attached
to heavy, horizontal, steel braces on the inside wall surface to enable
the sign to resist wind force.
PROPERTY
A lot, parcel, or tract of land, as well as the building
and structures located thereon.
PUBLIC AREAS
This designation includes parks, playgrounds, trails, paths,
and other recreational areas; open spaces; scenic and historic sites;
schools; and other places where the public is directly or indirectly
invited to visit or permitted to congregate.
PUBLIC BODY
Any government or governmental agency of the Borough of Emsworth,
County of Allegheny, Commonwealth of Pennsylvania.
PUBLIC BUILDING
Any building structure, facility, or complex used by the
general public, whether constructed by the Commonwealth of Pennsylvania,
Allegheny County, the Borough of Emsworth, a governmental instrumentality,
a private individual, a corporation, a partnership, or an association.
The category of "public buildings" may include assembly buildings,
libraries, public eating places, schools, theaters, business buildings,
factories, and industrial buildings.
PUBLIC IMPROVEMENT
Any public facility or service, together with its associated
site, building, or right-of-way. Public improvements generally provide
an essential service and are usually owned and operated by a governmental
agency.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of 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 UTILITY
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety, and welfare. Telephone, electric, natural gas, water, and
sewer companies are public utilities; however, commercial wireless
communications companies are not.
QUASI-PUBLIC USE
A use owned or operated by a nonprofit, religious, or eleemosynary
institution that provides educational, cultural, recreational, religious,
or similar types of programs.
RAILROAD, BUS, OR OTHER TRANSIT TERMINAL OR STATION
A facility used or intended to be used as an area for loading,
unloading, and interchange transit passengers. Typical uses include
bus terminals, rail stations, and passenger-related mass transit facilities.
RECREATIONAL DEVELOPMENT
A residential development planned, maintained, operated,
and integrated with a major recreation facility, such as a golf course,
ski resort, or marina.
RECREATIONAL VEHICLE
A vehicle-type portable structure without a permanent foundation
that is primarily designed as a temporary living accommodation for
recreational, camping, and travel use. A recreational vehicle can
be towed, hauled, or driven. The category of recreational vehicles
includes, but is not limited to, travel trailers, truck campers, camping
trailers, and self-propelled motor homes.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities.
RECREATION FACILITY, PRIVATE
A recreation facility operated by a nonprofit organization
and open only to bona fide members and guests of that organization.
REGION
A geographic area defined by some common feature, such as
a river basin, housing market, commuter-shed, economic activity, or
political jurisdiction.
RENT
A periodic payment, made by a tenant, to a landlord for the
use of land, buildings, structures, or other property.
RENTAL HOUSING
Housing occupied by a tenant paying rent to an owner where
no part of the rent is used to acquire equity in the property.
RESEARCH LABORATORY
An establishment or facility used to carry on investigation
in the natural, physical, or social sciences. This may include engineering
and product development.
RESIDENTIAL DWELLING
Any building or portion of a building that contains living
facilities, including provisions for sleeping, eating, cooking, and
sanitation, for not more than one household or family.
RESIDENTIAL SIGN
Any sign located in a district zoned for residential uses
that contains no commercial message except one advertising goods or
services legally offered on the premises where the sign is located.
RESIDENTIAL USE
The use of a building or lot to provide dwelling space for
human beings.
RESTAURANT (FAST FOOD)
An establishment where the principal business is the sale
of food and nonalcoholic beverage in a ready-to-consume state and
where the design or principal method of operation is that of a quick-service
restaurant where orders are generally not taken at the customers'
tables, where food is generally wrapped in disposable wrapping or
containers, and where food and beverage may be served directly to
the customer in an automobile.
RESTAURANT (SIT DOWN)
Including restaurants with bars; means an establishment,
other than "fast-food restaurant," where the principal business is
the sale of food in a ready to consume state, where there is no service
to a customer in an automobile and where the design or principal methods
of operation consist of one or more of the following:
A.
A sit-down restaurant where customers are normally
provided with an individual menu, are generally served food in nondisposable
containers by a restaurant employee at the same table or counter at
which the food and beverage items are consumed; or
B.
A cafeteria or cafeteria-type operation where
food and beverage generally are served in nondisposable containers
and are consumed within the restaurant; but not including social club.
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption. Retail sales
establishments may also render services incidental to the sale of
such goods.
RETAIL SALES, OUTDOOR
The display and sale of products and services primarily outside
of a building or structure. Goods that may be sold at an outdoor retail
sales establishment include, but are not limited to, garden supplies,
gas, tires, motor oil, food, beverages, boats, aircraft, farm equipment,
motor homes, burial monuments, building and landscape materials, and
lumber.
RETAIL SERVICES
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use.
Retail service establishments may provide services such as eating
and drinking, lodging, finance, insurance, real estate, personal services,
motion pictures, amusement and recreational services, health care,
or educational/social services.
RIGHT-OF-WAY
A.
A strip of land that is acquired by reservation,
dedication, forced dedication, prescription, or condemnation, and
is intended to be occupied by a road, crosswalk, railroad, electric
transmission line, oil pipeline, gas pipeline, water line, sanitary
sewer line, storm sewer line, and/or other similar use;
B.
Generally, the right of one to pass over the
property of another.
ROOF LINE
The juncture of the roof and the perimeter wall of the structure.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
ROOF SIGN, INTEGRAL
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
RUNOFF
The portion of rainfall, melted snow, irrigation water, or
any other liquid that flows across the ground surface and eventually
is returned to streams.
SANITARY SEWAGE
Any liquid waste containing animal or vegetable matter in
suspension or solution. This includes water-carried waste resulting
from the discharge of water closets, laundry tubs, washing machines,
sinks, dishwashers, or any other human activity that produces putrescible
material.
SANITARY SEWERS
Pipes that carry domestic or commercial sanitary sewage.
Storm, surface, and ground waters are not intentionally admitted into
a sanitary sewer.
SATELLITE DISH ANTENNA
A device that is composed of a reflective surface that is
solid, open mesh, or bar-configured, and is in the shape of a shallow
dish, cone, or horn. Satellite dish antennas are used to transmit
or receive radio or similar type signals to or from terrestrially
based towers and/or Earth-orbiting satellites. This definition is
meant to include, but is not limited to, what are commonly referred
to as satellite Earth stations, TVRO's (television reception only),
and microwave antennas.
SCHOOL
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
SCHOOL DISTRICT
A district that serves as a unit for state financing and
administration of elementary and secondary schools.
SCHOOL, PRIVATE
A school that meets state requirements for elementary or
secondary education and that does not secure the major part of its
funding from any governmental agency.
SCHOOL, PUBLIC
Any building, structure, facility, or complex used by the
general public for education that is licensed by the state and that
meets the state requirements for education, whether constructed by
the Commonwealth of Pennsylvania, Allegheny County, the Borough of
Emsworth, a governmental instrumentality, a private individual, a
corporation, a partnership, or an association.
SEASONAL DWELLING UNIT
A dwelling unit that lacks one or more of the basic amenities
or utilities required for all-year or all-weather occupancy.
SEASONAL STRUCTURE
A temporary covering erected over a recreational amenity,
such as a swimming pool or a tennis court, so that its use may be
extended through the cold weather months.
SEASONAL USE
A use carried on for only a part of the year, such as outdoor
swimming pools or skiing.
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual, and private
storage spaces of varying sizes that are leased or rented on individual
leases for varying periods of time.
SEMI-PUBLIC BODY
Any organization that operates as a nonprofit activity and
serves a public purpose. Semi- public bodies include, but are not
limited to, such organizations as noncommercial clubs, lodges, theater
groups, recreational and neighborhood associations, and schools.
SEPTIC TANK
A water-tight receptacle that receives sewage discharge from
a building, sewer, or part thereof. A septic tank is designed and
constructed to permit the settling of solids from this liquid, the
digestion of the organic matter, and the discharge of the liquid portion
into a disposal area.
SERVICES
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government,
and other enterprises. Service land uses include, but are not limited
to, the following: hotels and other lodging places; personal, business,
repair, and amusement services; health, legal, engineering, and other
professional services; educational services; and membership organizations.
SETBACK
The distance that must be maintained between all parts (except
for walks and steps) of all buildings (except permitted accessory
uses as stipulated) and a specified lot line or publicly held right-of-way.
In this chapter, this distance is sometimes expressed as a range between
a "minimum setback" (i.e., the smallest distance that may exist between
a relevant building and a specified lot line or publicly held right-of-way)
and a "maximum setback" (i.e., the largest distance that may exist
between a relevant building and a specified lot line or publicly held
right-of-way). More often, this distance is expressed simply as a
minimum setback (i.e., no maximum setback is given). There are five
kinds of setbacks, which differ only in that they are measured from
different specified lot lines or publicly held rights-of-way.
A.
FRONT SETBACKThe distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the front lot line or publicly held right-of-way. The area between the front lot line and the line formed by the main front of the principal building(s) is the "front yard."
B.
SIDE SETBACK (this is applicable only to lots which are not corner lots)The distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the side lot line on the side of the lot to which those parts are closest. The area between a side lot line and the line formed by the side of the principal building(s) that is closest to that side lot line is the "side yard."
C.
REAR SETBACKThe distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the rear lot line. The area between the rear lot line and the line formed by the rear of the principal building(s) is the "rear yard."
D.
SIDE STREET SETBACK (this is applicable only to corner lots)The distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the side street lot line or publicly held right-of-way. The area between the side street lot line and the line formed by the side of the principal building(s) that is closest to the side street is the "side street yard."
E.
NON-SIDE STREET SETBACK (this is applicable only to corner lots)The distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the non-side street lot line. The area between the non-side street lot line and the line formed by the side of the principal building(s) that is closest to the non-side street lot line is the "non-side street yard."
F.
If the sidewalks directly in front of any lot
are not legally included as a part of that lot, then six feet shall
be subtracted from that lot's minimum and maximum front setback requirements.
If the sidewalks directly along the side street side of a corner lot
are not legally included as a part of that lot, then six feet shall
be subtracted from that lot's minimum and maximum side street setback
requirements. These adjustments are to compensate for the setbacks
that are already provided for the involved lot by the sidewalk property,
and may not be interpreted as allowing the construction of a structure
beyond the lot's legal boundaries.
SEWAGE
The total of organic waste and wastewater generated by residential,
industrial, and commercial establishments.
SEWER
Any pipe or conduit used to collect and carry away sewage
or stormwater runoff from the generating source to treatment plants
or receiving streams.
SEWERAGE
A.
All effluent carried by sewers, including sanitary
sewage, industrial wastes, and stormwater runoff;
B.
The entire system of sewage collection, treatment,
and disposal.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, sexual encounter center or other
such facility as defined in Emsworth Borough Ordinance No. 900.
SHADE TREE
A tree, usually deciduous, planted primarily for overhead
canopy.
SHOPPING CENTER
A group of commercial establishments that is planned, constructed,
and managed as a total entity, and that has on-site customer and employee
parking, provisions for the delivery of goods that are separate from
customer accesses, aesthetic considerations, protection from the elements,
landscaping, and signage, all in accordance with an approved plan.
SHOPPING MALL
A shopping center with stores on both sides of an enclosed
or open pedestrian walkway.
SIDEWALK
A paved, surfaced, or leveled area that is parallel and usually
separate from the street. Sidewalks are used as pedestrian walkways.
SIDEWALK AREA
The portion of the right-of-way that lies between the edge
of the right-of-way and the curb line on the same side of the roadway,
regardless of whether or not a sidewalk actually exists.
SIGN
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
SKATING RINK
An establishment that provides an area for the use of roller
skates, roller blades or ice skates and may provide concessions serving
food and nonalcoholic drinks.
SLAUGHTERHOUSE
An establishment where animals are butchered and packaged
for distribution.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan that indicates necessary land treatment measures,
including a schedule for installation, that will effectively minimize
soil erosion and sedimentation.
SOLID WASTE
Unwanted or discarded material that has an insufficient liquid
content to be free flowing.
SPECIAL EXCEPTION USE
A use that is allowed in a particular zoning district subject to the approval of the Zoning Hearing Board, as specified by Article
III of this chapter. Such uses are authorized by § 603 of the Pennsylvania Municipalities Planning Code.
SPECIAL HAZARD
Obstructions in floodplains which present a special hazard
to occupants or to the public and defined in the Pennsylvania Flood
Plain Management Act as: hospitals, nursing homes, jails, new mobile home park
or new mobile home subdivisions or substantial additions to mobile
home parks or subdivisions.
STADIUM
A structure or facility designed, intended, or used primarily
for outside and/or inside athletic events or other performances and
containing seating for spectators of those events, but not including
a raceway or dragstrip.
STALL
The parking space in which vehicles park.
STORM SEWER
A conduit that collects and transports runoff.
STORMWATER MANAGEMENT
The control and management of stormwater to minimize the
detrimental effects of surface water runoff.
STREET
Any vehicular way that is an existing state, county, or municipal
roadway; is shown upon a plat approved pursuant to law; is approved
by other official action; or is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a planning board and the grant to such board of the power to review
plats. A street includes all land between the street lines, no matter
whether it's improved or unimproved.
STREET, COLLECTOR
A street that collects traffic from local streets and connects
with minor and major arterials.
STREET, CUL-DE-SAC
A street with a turnaround at the end and a single common
ingress and egress.
STREET FRONTAGE
The distance for which a lot line of a lot (or in the case
of sign regulations, lot) adjoins a public street, from one lot line
intersecting said street to the furthest distant lot line intersecting
the same street.
STREET, LOCAL
A street designed to provide vehicular access to abutting
property and to discourage through traffic.
STREET, LOOP
A local street that has its only ingress and egress at two
points on the same collector street.
STREET, MAJOR ARTERIAL
A street with access control, channelized intersections,
and restricted parking. A major arterial collects and distributes
traffic to and from minor arterials.
STREET, MINOR ARTERIAL
A street that has signals at important intersections, that
has stop signs on the side streets at less important intersections,
and that collects traffic from and distributes traffic to collector
streets.
STREET, PAPER
A street that has never been built, but is shown on an approved
plan, subdivision plat, tax map, or official map.
STREET, PRIVATE
A street that has not been accepted by a municipality or
any other governmental entity.
STRUCTURE
Anything constructed or erected whose use requires (either
directly or indirectly) a fixed location on the land.
STRUCTURE, HEIGHT OF
The vertical measured distance from the adjacent finished
grade level to the highest point of a structure.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or, if the structure
has been damaged and is being restored, before the damage occurred.
This term also includes work on structures which have incurred damage
amounting to more than 50% of the structure's market value before
the damage, regardless of the actual repair work performed. This term
does not include:
A.
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
B.
Any alteration of a structure listed on the
National Register of Historic Places or the Pennsylvania Inventory
of Historic Places, provided the alteration does not preclude the
structure's continued designation as a historic structure by the pertinent
entity.
SURFACE WATER
Water on the earth's surface that is exposed to the atmosphere,
such as rivers, lakes, streams, and oceans.
SUSPENDED SIGN
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
SWIMMING POOL
Any constructed pool used for swimming, bathing or wading
or as a fishpond or similar use.
TAVERN
An establishment used primarily for the serving of liquor
by the drink to the general public, but where food and/or packaged
liquors may also be served or sold as an accessory use. Such establishments
are licensed by the Pennsylvania Liquor Control Board.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which electronic receiving, relay or transmitting
equipment for a communications facility is housed.
[Added 5-8-2002 by Ord. No. 927]
TEMPORARY SIGN
Any sign that is used only temporarily and is not permanently
mounted. Regardless of any temporary characteristics they may have,
residential signs shall not be classified as temporary signs for the
purposes of this chapter.
TEMPORARY USE
A use of a limited duration that is to be discontinued after the expiration of a time period. See Article
IV, Temporary Uses.
TOWER
A structure that is intended to support equipment used to
transmit and/or receive telecommunications or radio signals, including
monopoles and lattice construction steel structures.
[Added 5-8-2002 by Ord. No. 927]
TOWER SITE
Any lot or parcel on which communications facilities, as
defined herein, are located or proposed to be located.
[Added 5-8-2002 by Ord. No. 927]
TRAFFIC GENERATOR
A use in a particular geographic area that is likely to attract
substantial vehicular or pedestrian traffic into the area.
TRAILER
A structure that stands on wheels, is towed or hauled by
another vehicle, and is used for short-term human occupancy, temporary
office space, or carrying materials, goods, and/or objects.
TRANSFER OF OWNERSHIP OR CONTROL
A.
The sale, lease, or sublease of a property,
building, or business;
B.
The transfer of securities which constitute
a controlling interest in a property, building, or business; or
C.
The establishment of a trust, gift, or similar
legal device which transfers the ownership or control of a property,
building, or business, excepting a transfer by bequest or other operation
of law used upon the death of the person possessing the ownership
or control.
TRUCK TERMINAL
Either end of a carrier line having facilities for the handling
of freight and passengers for an automotive vehicle with a short chassis
equipped with a swivel for attaching a trailer and used especially
for the highway hauling of freight; a freight or passenger station
that is central to a considerable area or serves as a junction at
any point with other lines; a town or city at the end of a carrier
line.
USE
The purpose or activity for which land or buildings are designed,
arranged, intended, occupied, and/or maintained.
UTILITIES EASEMENT
The right-of-way acquired by a utility or governmental agency
to locate utilities, including all types of pipelines, cables, and
towers.
VACANCY
A state of having no occupants. A vacant parcel of land,
structure, or part thereof is available and suitable for occupancy.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance. See §
245-18, Variances.
WALL SIGN
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
WAREHOUSE
An establishment that is engaged in the storage of materials,
equipment or products that will be distributed to wholesalers or retailers,
not including "self-storage" facilities.
WINDOW SIGN
Any sign, pictures, symbol, or combination thereof designed
to communicate information about an activity, business, commodity,
event, sale, or service that is placed inside a window or upon the
window panes or glass and is visible form the exterior of the window.
YARD
An open space that lies between the principal building or
buildings and the nearest lot line.
YARD, FRONT
The area between the front lot line or right-of-way and the
line formed by the front of the principal building(s).
YARD, REAR
The area between the rear lot line and the line formed by
the rear of the principal building(s).
ZERO LOT LINE
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
ZONING
The delineation of districts within a municipality or county,
and the establishment of regulations for each of these districts.
These regulations may govern the use of land; lot sizes; the placement,
spacing, size, and character of buildings; and more.
ZONING DISTRICT
A specifically designated area or district in a municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings. See §§
245-27 through
245-29.
ZONING HEARING BOARD
A multiple-member board, appointed by the Emsworth Borough
Council, that hears appeals and challenges under Section 909.1(a)
of the Pennsylvania Municipalities Planning Code. See §
245-64, Zoning Hearing Board.
ZONING OFFICER
The administrative officer designated to administer the zoning ordinance and issue zoning permits. See §
245-63, Zoning Officer.