Certain words used in this chapter are defined
below. Words used in the present tense shall include the future. The
singular number shall include the plural, and the plural, the singular.
The word "shall" is mandatory and not permissive.
As used in this chapter, the following terms
shall have the meanings indicated:
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use, but not a dwelling
unit.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
[Added 3-9-2015 by Ord.
No. 444]
Area of a lot or site shall be calculated from dimensions
derived by horizontal projection of the sites.
An owner-occupied specialized lodging house, having predominately
the character of a single-family residence, where rooms are provided
for overnight transient guests, and where meals may be served in conjunction
with the accommodation.
The Zoning Hearing Board of the Borough of Bradford Woods.
The body created by a municipality or more than one municipality to hear appeals from decisions of the code administrator as provided for by Chapter 1 of the 1999 Building Officials and Code Administrators International, Inc., National Building Code, Fourteenth Edition.
[Added 8-13-2007 by Ord. No. 411]
The Borough of Bradford Woods.
A portion of a site, together with any structures or plantings,
intended to provide a visual barrier or other protection between adjacent
parcels of land.
Any enclosed or open structure having a roof supported by
columns, piers, or walls.
ACCESSORY BUILDINGA detached, subordinate building, the use of which is customarily incidental and clearly subordinate to that of the main structure and is located on the same lot as the principal building.
PRINCIPAL BUILDINGA building in which the primary use of the lot on which the building is located is carried on.
An individual certified by the Department of Labor and Industry
in an appropriate category established pursuant to Section 701(b)
to perform plan review of construction documents, inspect construction
or administer and enforce codes and regulations in such code category
under the Pennsylvania Construction Code Act.
[Added 8-13-2007 by Ord. No. 411]
A document issued by the Building Code Official stating that
a development will be in compliance with this chapter and required
as a condition precedent to the commencement of a use or the erection,
construction, relocation, enlargement, alteration, conversion or installation
of a structure.
[Added 8-13-2007 by Ord. No. 411]
A sign which announces or advocates a candidate for political
office or a ballot question.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or on any structure that already supports
at least one non-tower WCF.
[Added 3-9-2015 by Ord.
No. 444]
A parcel or parcels of land or an area of water, or a combination
of land and water, integral to a planned residential development subject
to provisions which assure the continued availability and maintenance
of such open space for the use and benefit of the residents of the
planned development, not including streets, off-street parking areas
and areas set aside for public facilities.
The Borough of Bradford Woods Comprehensive Plan guiding
community development, prepared by the Planning Commission, and adopted
by Council.
A use permitted within a particular zoning district pursuant to the provisions of § 225-13.
Borough Council, Borough of Bradford Woods, County of Allegheny,
Commonwealth of Pennsylvania.
Remains of something, natural or man-made, broken down or
destroyed.
A graphic and written presentation for development including
a planned residential development, a plot of subdivision, all covenants
relating to use, location of buildings and other structures, intensity
of use or density of development, streets, ways and parking facilities,
common open space and public facilities.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 3-9-2015 by Ord.
No. 444]
One or more rooms for living or sleeping purposes together
with separate cooking and sanitary facilities for one person or one
family which is accessible from the outdoors, either directly or through
an entrance hall shared with other dwelling units, and is used or
is intended to be used by one or more persons living together and
maintaining a common household.
SINGLE-FAMILY DWELLINGA structure consisting of one dwelling unit having one or more living or sleeping rooms with separate cooking and sanitary facilities for one person or one family with direct access to the outdoors.
TWO-FAMILY DWELLINGA structure consisting of two dwelling units.
TOWNHOUSESA structure consisting of a series of three or four attached dwelling units not exceeding 2 1/2 habitable stories in height, with each dwelling unit having separate access to the outdoors not shared with the access of other dwelling units.
A right in the owner of one parcel of land to use the land
of another for a special purpose.
A condition that:
[Added 3-9-2015 by Ord.
No. 444]
Either an individual or two or more persons related by blood
or marriage or adoption, or a group of persons not so related, occupying
a dwelling house and living as a single housekeeping unit as distinguished
from a group occupying a boardinghouse, lodging house, club, fraternity
or hotel.
The lands adjoining a river or stream that have been or may
be expected to be inundated by flood waters in a one-hundred-year
frequency flood.
An administrative proceeding conducted by a board pursuant
to provisions of the Municipalities Planning Code.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 3-9-2015 by Ord.
No. 444]
See § 225-19C.
The legal or beneficial owner(s) of land including the holder
of an option or contract to purchase, a lessee if authorized under
the lease to exercise the rights of the landowner, or other person
having a proprietary interest in land.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, capable of being occupied
by one principal structure, and fronting on a public or private street
system.
LOT OF RECORDAny lot which individually or as a part of a subdivision, has been recorded in the office of the Recorder of Deeds.
LOT, BUILDABLE AREAA portion of a lot bounded by the required yards as set forth in this chapter.
LOT, DEPTH OFA mean horizontal distance between the front and rear lot lines, or to the most distant point on any other lot line where there is no rear lot line.
LOT LINE, FRONTA line abutting the edge of the street right-of-way having frontage on said street.
LOT LINE, SIDEAny line which is not a front lot line or a rear lot line.
LOT LINE, REARThe lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
LOT, MINIMUM AREA OFThe horizontally projected area of a lot computed including any portion of the right-of-way of any public thoroughfare contained in the deed description.
LOT, MEAN WIDTH OFThe mean width measured at right angles to its depth.
LOT, NONCONFORMINGA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
LOT, CORNERA lot situated at the intersection of two or more streets.
[Added 8-8-2011 by Ord. No. 433]
LOT, DOUBLE-FRONTAGEA lot that abuts streets on opposite sides.
[Added 8-8-2011 by Ord. No. 433]
DIRECT LUMINATIONIllumination which is so arranged that the light is directed into the eyes of the viewer from the light source.
INDIRECT LUMINATIONIllumination so arranged that the light is reflected from the light source to the eyes of the viewer. Object lit by bulb not clearly visible as light source.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 3-9-2015 by Ord.
No. 444]
Wild, indigenous plant cover.
A business or commercial activity administered and conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling.
[Added 10-13-2003 by Ord. No. 386]
Any structure or part of a structure legally existing at
the time of enactment of this chapter, or any of its amendments, which
does not conform to the provisions of this chapter.
Any use or arrangement of land or structures legally existing
at the time of enactment of this chapter, or any of its amendments,
which does not conform to the provisions of this chapter.
All non-tower wireless communications facilities, including
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
[Added 3-9-2015 by Ord.
No. 444]
A document issued by the Building Code Official upon completion
of the construction, reconstruction, relocation, alteration or enlargement
of a structure. Or change in use of structure or parcel of land, or
change of occupancy of a structure indicating that the use and structure
are in compliance with this chapter, and that all conditions attached
to the granting of the zoning permit have been met, and that the structure
and land may be occupied and used for the purposes set forth in the
building permit.
[Added 8-13-2007 by Ord. No. 411]
Land used for recreation, resource protection, amenity and/or
buffers, not including any area of a lot constituting the minimum
yards, parking area or any part of an existing or future road or right-of-way.
An open area of land which has been dedicated for natural,
scenic, historical or nonprofit purposes and which is publicly dedicated
for the use and recreation of the public.
An area of land controlled by one landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, type of dwelling,
density or intensity, lot coverage and required open space to the
regulations established in any one residential district created under
the provisions of this chapter.
Borough of Bradford Woods Planning Commission.
Map or plan of a subdivision or land development.
A structure owned by a public body and used to provide a
community facility, including fire stations, libraries, municipal
buildings, and the like.
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
A forum held pursuant to notice under the Act of October
15, 1998 (P.L. 729, No. 93), known as the "Sunshine Act."
Notice published once each week for two successive weeks
in a newspaper of general circulation, as designated by Council from
time to time, in the Borough. Such notice shall state the time and
place of the hearing and the particular nature of the matter to be
considered at the hearing. The first publication shall not be more
than 30 days and the second publication shall not be less than seven
days from the date of the hearing.
Any piece of equipment related to, incident to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 3-9-2015 by Ord.
No. 444]
The surface and space in, on, above and below any real property
in which the Borough of Bradford Woods has an interest in law or in
equity, including, but not limited to, any public street, boulevard,
avenue, road, highway, easement, freeway, lane, alley, court, sidewalk,
parkway, river, tunnel, viaduct, bridge, park, green space or any
other place.
[Added 3-9-2015 by Ord.
No. 444]
A small office structure adapted to a rural setting and having
extensive landscaping with a gross floor area to be no greater than
6,000 square feet.
A retail store adapted to a rural setting and having extensive
landscaping with a gross floor area to be no greater than 6,000 square
feet.
Churches, Sunday schools, parochial schools and uses associated
therewith.
A use permitted in a particular zoning district pursuant
to provisions of this chapter and the Zoning Hearing Board.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened, roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 3-9-2015 by Ord.
No. 444]
A right-of-way, whether public or private, intended primarily
for vehicular traffic and usually providing for utilities and pedestrian
travel. A street may be designated by other appropriate names such
as road, avenue, drive, lane or place. A street may also be identified
according to type of use as follows:
LOCAL STREETSStreets serving primarily as access to abutting properties and not intended as major arteries carrying through traffic.
PRIVATE STREETSStreet not accepted for dedication by the Borough.
CUL-DE-SACA street with a single means of ingress and egress and a turnaround.
ALLEYPermanently reserved public or private means of access, generally provided as a secondary means of access.
PAPER ROADA road, street, way, lane or drive in the Borough of Bradford Woods which has never been opened to vehicular or pedestrian traffic nor dedicated to and/or accepted for public use by the Borough.
[Added 10-13-2003 by Ord. No. 386]
The boundary lines of land used or intended to be used as
streets, as shown on deeds, plats or the Comprehensive Plan, and from
which yard and other requirements shall begin.
Anything constructed or erected, the use of which requires
a fixed location on the ground or an attachment of something having
a fixed location on the ground, including in addition to buildings,
billboards, carports, porches, and other building features, but not
including sidewalks, driveways, fences, and patios.
Chapter 200, Subdivision and Land Development, of this Code, duly adopted by the Borough Council and in effect for the Borough of Bradford Woods.
[Added 3-9-2015 by Ord.
No. 444]
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
A container of water used for swimming or bathing purposes,
of any depth or size if wholly or partially sunk beneath adjacent
ground level. if erected above ground, the same shall be covered under
the terms of this chapter only if it has at least one dimension greater
than 15 feet, or is more than 36 inches in depth. As herein defined,
the term "swimming pool" shall be deemed to be a structure.
A person, firm or corporation certified by the Department
of Labor and Industry as a construction code official and contracted
to perform plan review of construction documents, inspect construction
or administer and enforce codes and regulations under this Act.
[Added 8-13-2007 by Ord. No. 411]
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 3-9-2015 by Ord.
No. 444]
A parcel, property or area of land comprised of one or more
lots adjacent to one another established by a plat or otherwise as
permitted by law to be used, developed or built upon as a unit.
A relief granted pursuant to the provisions of § 225-64.
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 3-9-2015 by Ord.
No. 444]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
[Added 3-9-2015 by Ord.
No. 444]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 3-9-2015 by Ord.
No. 444]
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
[Added 3-9-2015 by Ord.
No. 444]
An open space adjacent to a lot line open and unobstructed
from the ground to the sky, except as otherwise provided herein:
FRONTA yard extending across the full width of the lot and extending back in depth the required minimum distance from the edge of any recorded street right-of-way to the nearest side of the building or the lot.
REARA yard extending, across the full width of the lot extending forward in depth the required minimum distance from the rear lot line to the nearest side of the building on the lot.
SIDEA yard extending across the full width of the lot measured in width from either side line of the lot to the nearest side of the building on the lot.
A document issued by the Zoning Officer upon completion of
the construction, reconstruction, relocation, alteration or enlargement
of a structure, or change in use of structure or parcel of land, or
change of occupancy of a structure indicating that the use and structure
are in compliance with this chapter, and that all conditions attached
to the granting of the zoning permit have been met, and that the structure
and land may be occupied and used for the purposes set forth in the
zoning permit.
Appointed position by Borough Council and is generally responsible
for the enforcement of the Borough ordinances as well as issuing zoning
permits as defined in this section.
[Added 8-13-2007 by Ord. No. 411]
A document issued by the Zoning Officer stating that a proposed
use or development will be in compliance with this chapter and required
as a condition precedent to the commencement of a use or the erection,
construction, relocation, enlargement, alteration, conversion or installation
of a structure.
[Amended 8-13-2007 by Ord. No. 411]
