For the purpose of use in this chapter, the
following terms and words are herein defined. Words used in the present
tense include the future tense; the singular number includes the plural
and vice versa; the words "used for" or "used by" include the meaning
"designed or redesigned for."
As used in this chapter, the following terms
shall have the meanings indicated:
A use customarily and clearly incident and subordinate to
the principal use of the main structure or land, such as the following:
Greenhouse, accessory to a dwelling and used
exclusively by occupants of the premises to cultivate plants as an
avocation.
Home office of a professional, situated in a
dwelling unit which is the home of the practitioner, provided that
not more than one assistant is employed, no colleagues or associates
use such office, and no sign is used other than a name plate.
Loading space.
Minor garage or parking area for vehicles.
Farm building, such as a barn, silo, etc.
Sign or signboard, as prescribed in Article XI.
Screening wall or fence, as regulated under § 185-66G.
Swimming pools.
Garden tool houses.
A lot in an S or R District which:
Fronts upon a street.
Is insufficient in size to meet the requirements
for a one-family dwelling.
By documentary evidence acceptable to the Zoning
Officer, is shown to be, prior to and continuously since the effective
date of this chapter, in separate and distinct ownership from all
abutting land.
Any bookstore, studio, theater for films or live entertainment,
or other commercial establishment which is customarily not open to
the public generally but only to one or more classes of the public,
excluding any minor by reason of age.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include commercial communications
towers as defined below.
[Added 12-14-2015 by Ord.
No. 2-2015]
See "multiple-family dwelling structure" and "high-rise apartment."
The owner or owners, legal or equitable, of land within the
Borough or representative who submits an application for action under
the provisions of this chapter.
[1]A space or loft space between the roof and ceiling of the
top floor.
CLASS IAny structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair, spray painting or welding, storage of automobiles not in operating condition, or other work which would involve noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such Class I stations.
CLASS IIAny structure or land which performs any of the permitted functions of a Class I establishment but also including major repair work, such as motor replacement, body and fender repair, spray painting, welding or storage of automobiles not in operating condition.
CLASS IIIAny structure or land which performs any of the permitted functions of a Class I establishment, and also including retail facilities for merchandise other than automobile related, such as lunches, refreshments, groceries, and printed or electronically recorded material, whether or not automobile fuel and oil receipts exceed that of the other retail merchandise; or including car wash facilities.
CLASS IVAny structure or land which performs any of the permitted functions of a Class I establishment or any of the permitted functions of a Class II establishment, and also including retail facilities for merchandise other than automobile related, whether or not automobile fuel and oil receipts exceed that of the other retail merchandise; and including car wash facilities.
A story partly below ground and having 1/2 or more of its
height below the average level of the adjoining ground.
The average elevation of the proposed grade line of the ground
at the front of the structure as shown on the construction plans;
in the case of a structure abutting the front property line, the elevation
of the curb in front of the center of the structure, or if there be
no curb, the elevation of the proposed grade line at the center of
the front lot line; in case no grade line is established the actual
existing grade of the traveled roadway shall apply.
The Borough Council of the Borough of Ingram, County of Allegheny,
Pennsylvania.
[Added 9-9-2002 by Ord.
No. 3-2002]
The Secretary of the Borough of Ingram, County of Allegheny,
Pennsylvania.
[Added 9-9-2002 by Ord.
No. 3-2002]
A structure having a roof supported by columns or walls used
for the housing or enclosure of persons, animals, or chattels.
MAINThe building housing the principal use of the lot on which it is located.
USE GROUPTwo or more main buildings grouped upon a single zoning lot, such as shopping center, school, church, hospital, institutional or industrial plants, and including residential uses.
GARAGEA building or portion thereof, used for the storage but not repair or service of motor vehicles.
MINORA detached accessory building, or portion of a main building, for the parking or temporary storage of automobiles belonging to occupants of the premises.
COMMUNITYOne garage, or a group of detached garages arranged in a row or surrounding a common means of access, one story in height, and used exclusively for the parking of automobiles by residents, customers, or persons engaged in conduct of establishments in the immediate vicinity of its location.
MAJORAny garage not included within the definition of minor or community garage.
A garage is not a service station (see "automotive
service station").
HEIGHT OF BUILDINGThe vertical distance and the number of stories measured from the basic grade to:
The person appointed by the Borough Council to enforce the
Building Code[2] and other appropriate regulations and inspect buildings
and properties for conformance thereto.
A document issued by the Borough attesting that a proposal
for construction meets all requirements of this chapter and other
applicable regulations of the Borough, and allowing the approved construction
to proceed.
The line within a property defining the minimum required
distance between the front of any building and the adjacent street
line.
A permanent building for worship as the principal structure
on a property which may also contain accessory uses such as education
buildings, convent, monastery, parish hall, minister's home, parking
areas, etc.
Any establishment where patients are examined and treated
by doctors or dentists but not hospitalized overnight.
The mounting of one or more WCFs, including antennas, on
an existing commercial communications tower, or on any structure that
already supports at least one commercial communications antenna.
[Added 12-14-2015 by Ord.
No. 2-2015]
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Commercial communications
antennas shall not include support structures for antennas or any
related equipment that is mounted to the ground or at ground level.
[Added 12-14-2015 by Ord.
No. 2-2015]
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be commercial communications
towers.
[Added 12-14-2015 by Ord.
No. 2-2015]
A parcel or parcels of land or an area of water, or a combination
of land and water within the development site, designed and intended
for the common use of the residents of the planned residential development
exclusive of parking areas. Common open space may be of two types:
IMPROVEDLand area of the site containing recreational structures and facilities, as long as the total impervious surfaces (paving, roofs, etc.) constitute no more than 5% of the improved common open space.
UNIMPROVEDLand area of the site void of buildings, structures, parking areas, and street rights-of-way.
An organization comprised mainly of residents of the neighborhood
in which it is located, the primary purpose of which is the advancement
of its members or of the community in education, cultural or civic
pursuits and activities.
Any single-family dwelling building structurally adapted
to a two-family or multiple-family dwelling.
An open, unoccupied, and unobstructed space, other than a
yard, on a zoning lot, bounded by two or more sides of a building;
including similar area fully open to the sky but not necessarily beginning
at the ground level.
The proportion of the plot or lot area covered by the maximum
horizontal cross-section of a building or buildings.
Any facility licensed by Allegheny County as a day-care center.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 12-14-2015 by Ord.
No. 2-2015]
A retail operation or enterprise which depends in whole or
in part upon product consumption or activity on the premises but not,
for the most part, within an enclosed building, and which involves
a motor vehicle as an active part of the activity. Among the common
types of facilities included in this definition are ice cream stands,
drive-in theaters, and drive-in window banks and restaurants.
A two-family dwelling unit with each unit on a different
floor, and with individual entrances. (See "dwelling.")
Any building or portion thereof which is used for residents
except club, dormitory, group homes, nursing home, hotel, or tourist
home.
ONE-FAMILY DWELLINGA building designed for and used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building designed for and used exclusively for occupancy by two families.
MULTIFAMILY DWELLINGSee "multiple-family dwelling structure"; see "duplex," "townhouse," "single-family attached," and "multiple-family dwelling structure."
A school, including a public school and a private nursery
school or preschool having regular sessions, with regularly employed
instructors, which teaches those subjects that are fundamental and
essential in elementary or secondary education under the supervision
of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical
governing body, or a corporation meeting the requirements of the commonwealth.
A condition that:
Any activity conducted for gain which is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller skating rinks, miniature golf, golf driving ranges,
commercial swimming pools, carnivals and related uses.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication supply or disposal systems including
poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith; reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies or for the public health
or safety or general welfare, but not including structures.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended 9-9-2002 by Ord.
No. 3-2002]
Federal Communications Commission.
[Added 12-14-2015 by Ord.
No. 2-2015]
Total gross floor area of a structure minus unfinished basement
and attic area divided by the total land area of the lot. Any floors
or portions thereof contained on terraces or balconies projecting
beyond the exterior face of the building or occupied permanently by
mechanical equipment or off-street parking or loading shall be excluded
from the total gross floor area.
See "building."
See "automotive service station."
See "basic grade."
PERSONAL CARE BOARDING HOME (PCBH)Any premises, operated for consideration or not, in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for adults who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility. Small PCBH: one to four people; large PCBH: five to 12 people.
INTERMEDIATE CARE FACILITYA facility that provides nursing care and related medical or other personal health services to individuals on a regular basis who do not require a degree of care and treatment which a hospital or skilled nursing facility is designed to provide, but who, because of their mental or physical disabilities, require the above services within the context of a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting. This includes intermediate care facilities for the mentally retarded.
SKILLED NURSING FACILITYAny premises in which nursing care and related medical or other health services are provided, for a period exceeding 24 hours, for three or more individuals, who are not relatives of the operator and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care.
Physical circumstances or conditions unique to the particular
property involved which preclude development in strict conformity
with the provisions of this chapter.
When applied to a building, the vertical distance above grade
to the highest point of the coping of a flat roof or to the deck line
of a mansard roof or to the average height between the plate and the
ridge of a gable, hip, or gambrel roof. The height of a stepped or
terraced building is the maximum height of any segment of the building.
(See "building" and "structure.")
The vertical distance measured from the ground level, including
any base pad, to the highest point on a commercial communications
tower, including antennas mounted on the tower and any other appurtenances.
[Added 12-14-2015 by Ord.
No. 2-2015]
A multiple-family dwelling structure with a minimum height
greater than 45 feet.
Any occupation or activity carried on by a member
of the immediate family, residing on any residential premises, provided
there is no commodity sold on the premises and no mechanical equipment
is used except of a type that is similar in character to that normally
used for purely domestic or household purposes; and provided that
no display will indicate from the exterior that the structure or land
is being utilized in part for any purpose other than that of the dwelling.
Includes the use of premises by a physician,
surgeon, dentist, lawyer, clergyman or other professional person for
consultation or emergency treatment but not for the general practice
of his profession.
A building or a group of two or more buildings designed for
occupancy primarily as the temporary abiding place of individuals
who are lodged with or without meals, including auto courts, motels,
motor hotels, motor lodges, tourist courts, and the like.
[Amended 9-9-2002 by Ord.
No. 3-2002]
A multifamily or multistory dwelling designed for, operated
as and occupied by elderly persons, which conforms to all appropriate
requirements pertaining to housing for the elderly.
A lot, land, structure, or part thereof used primarily for
the collecting, storage, and sale of wastepaper, rags, scrap metal,
or other scrap or discarded material or for the collecting, dismantling,
storage, or salvaging of machinery or vehicles not in running condition,
and for the sale of parts thereof. No storage of radioactive materials
and industrial wastes is permitted.
Any combination of hedges, walls, trees, or earth berms arranged
so as to create a continuous visual barrier.
Facilities for care of more than 12 individuals. These are
classified as "institutions." These include intermediate care homes,
skilled nursing homes, etc.
The storage, repair, manufacture, preparation, treatment
or processing of specified articles, substances or commodities when
conducted wholly within an enclosed structure.
See "accredited substandard lot."
A lot situated at and abutting the intersection of two streets,
having an interior angle of intersection not greater than 135º.
A lot other than a corner lot.
A lot, the front and rear lines of which abut streets.
A parcel of land, fronting on a street, which is or may be
occupied by a main structure or a use group of buildings with accessory
uses and structures and the open spaces required under this chapter,
including easement areas if any, but not including any public or private
street or alley.
BUILDABLE AREAThat portion of a zoning lot bounded by the required front, side, and rear yards; when a yard is not required, the boundary is the lot line.
LOT AREAThe total space within the boundary lines of a zoning lot, not including any part of a street or alley.
LOT WIDTHThe distance between the side lines of the zoning lot measured at the shortest distance at or between the front and rear building lines as determined by the prescribed front and rear yard requirements.
Any operation (other than in connection with a foundation
for a structure) involving:
Strip or other mining of coal or other minerals,
excavating of sand or rock and the crushing of rock, sanitary and
other fills, drilling for gas or oil, recovery of metal or natural
resources and similar operations; or
Material alteration of the ground surface so
as to affect streets and recreation sites and other public facilities,
or physically affect private property within 300 feet of the operation;
or
A volume of earth movement exceeding 2,000 cubic
yards; or
A change in ground elevation exceeding 10 feet.
A chartered, nonprofit organization, the primary purpose
of which is the advancement of its members of the community in education,
fraternal, cultural, or civic pursuits and activities.
A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual, compartmentalized
and controlled access stalls or lockers for dead storage of excess
personal property of an individual or family when such is not located
on the lot with their residence, such as automobile, house trailer,
motorcycle, boat, camper, and other items of personal property generally
stored on residential or residential accessory structures.
Self-propelled vehicle used as living accommodations up to
14 days.
A manufactured or fabricated relocatable residential unit
providing complete independent living facilities for one family, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
A site designed and approved for the rental of park sites
for modular homes.
A WCF or site which consists of a single-pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 12-14-2015 by Ord.
No. 2-2015]
A building or portion thereof designed for and used exclusively
for occupancy by three or more families, but not including a building
consisting of one-family units attached side by side with individual
entrances. (Also see "single-family attached.")
The Borough of Ingram, County of Allegheny, Pennsylvania.
[Added 9-9-2002 by Ord.
No. 3-2002]
A structure or portion thereof, lawfully existing at the
time of passage of this chapter (or as later amended), designed, arranged,
or intended for a use which does not conform to the use regulations
applicable in the zoning district in which it is located, and which
is not adaptable, without major structural alterations, for a use
which does conform to said use regulations.
A use of a structure or land, lawfully existing at the time
of this chapter (or as later amended), which does not conform to the
use regulations applicable in the zoning district in which it is located.
See "group care facility: skilled nursing facility."
A separate permit required before occupancy of a dwelling
or other building is permitted. "Occupancy" is defined as taking possession
of, or using, any structure as an occupant, permanently or temporarily.
An open space other than a street or alley used exclusively
for the parking of automobiles.
Any enterprise conducted wholly within an enclosed structure
for gain, which primarily offers services to the general public such
as shoe repair, valet service, watch repairing, barbershop, beauty
parlors and related activities, but not including the repair of automobiles
and machinery.
A land development, comprehensively planned as a single entity
by way of a unitary site plan which permits flexibility in building
siting, mixtures of housing types and specified land uses, usable
open spaces, an efficient and safely designed circulation system,
and the preservation of significant natural features.
The municipal Planning Commission, a body appointed by the
action of the Borough Council to prepare and maintain a Comprehensive
Plan and to act with all of the powers and duties granted to such
body by the Pennsylvania Municipalities Planning Code (Act 247 of
1968),[3] as amended.
The use of offices and related spaces for such professional
services as are provided by doctors, dentists, lawyers, architects
and engineers.
Of, or pertaining to, buildings, structures, uses, or activities
belonging to, or affecting, any duly authorized governmental body,
available for common or general uses by all.
Any structure owned or operated by a public body or agency,
or by any public utility agency, which dispenses general services
to the public, including road maintenance garages and utility substations.
Allegheny County Sanitary Authority (ALCOSAN), accredited
cable company, or any company subject to the jurisdiction of and control
by the Pennsylvania Public Utility Commission.
Any piece of equipment related to, incidental to, or necessary
for the operation of a commercial communications tower or commercial
communications antenna. By way of illustration, not limitation, related
equipment includes generators and base stations.
[Added 12-14-2015 by Ord.
No. 2-2015]
Offices used for the investigation and refinement of scientific
knowledge, including the engineering and industrial application of
such knowledge, but not including the mass production of products
thus engineered. Commercial servicing or repair of commercial products
is not included nor is external display of any materials or products.
Any retail sales establishment conducted wholly within an
enclosed structure which caters to and can be located in close proximity
to residential districts without creating undue vehicular congestion,
excessive noise or other objectionable influence. "Retail store" shall
not include processing, handling or manufacturing of any article not
sold at retail on the premises.
See "tourist home."
Level of illumination in prescribed areas of 0.25 footcandles.
A tract of land with buildings or structures planned as a
whole intended for five or more retail establishments with accessory
parking on the same site.
See § 185-73.
[Amended 9-9-2002 by Ord.
No. 3-2002]
A structure composed of one-family dwellings attached side
by side with individual entrances.
Radiant energy received either directly or indirectly from
the sun at wavelengths suitable for conversion into thermal, chemical,
or electrical energy.
Any device or combination of devices or other
elements which relies upon sunshine as an energy source and is capable
of collecting not less than 25,000 BTUs on a clear Winter Solstice
Day for use in:
In addition to such uses, the use of the solar collector may include other uses, such as, but not limited to, serving as part of a roof of a building or other structure; or serving as a window or wall; or otherwise serving as a structural member of a building or other structure. (See §§ 185-64M and 185-66S.)
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 12-14-2015 by Ord.
No. 2-2015]
That part of any building, including basements, comprised
between the level of one finished floor and the level of the next
higher finished floor, or, if there be no higher finished floor, then
that part of the building comprised between the level of the highest
finished floor and the top of the roof beams.
A public street, public easement, right-of-way, public highway,
public alley, public way or public road accepted or maintained by
a municipality, or open for travel and use by the public, whether
or not so accepted or maintained, including the entire area within
the right-of-way thereof.
Anything built, constructed, or erected which requires location
on the ground or attachment to something on the ground.
ACCESSORYA detached, subordinate structure, embodying an accessory of use.
HEIGHT OF (other than a building)The vertical distance measured from the basic grade to the highest point of the structure.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
[Added 12-14-2015 by Ord.
No. 2-2015]
For communications towers outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
communications towers in the rights-of-way, it increases the height
of the facility by more than 10% or 10 feet, whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the WCF by more than 20 feet, or more
than the width of the tower structures are the level of the appurtenance,
whichever is greater; for those communications towers in the public
rights-of-way, it protrudes from the edge of the structure by more
than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
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.
Chapter 163, Subdivision and Land Development.
Any type of residential living facility which provides food
and shelter for consideration to adults who are unrelated to the provider
and who require no services beyond food, shelter and other services
usually found in hotel or apartment rental.
See "single-family attached."
Two or more main buildings of similar use grouped upon a
single zoning lot.
A facility where animals are treated or provided veterinary
services by a licensed veterinarian but are not boarded.
[Added 8-14-2017 by Ord.
No. 2-2017]
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 12-14-2015 by Ord.
No. 2-2015]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 12-14-2015 by Ord.
No. 2-2015]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 12-14-2015 by Ord.
No. 2-2015]
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 12-14-2015 by Ord.
No. 2-2015]
A freestanding structure such as a commercial communications
tower or any other support structure that could support the placement
or installation of a wireless communications facility if approved
by the Borough.
[Added 12-14-2015 by Ord.
No. 2-2015]
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground to the sky, not occupied by structure
or used for parking or storage, except as otherwise provided, and
not including any portion of a street or alley.
FRONTA yard extending across the full width of the lot and abutting the front lot line, the required depth of which yard is a prescribed minimum distance between the front lot line and a line parallel thereto on the lot.
REARA yard extending across the full width of the lot and abutting the rear lot lines, the required depth of which yard is a prescribed minimum distance between the rear lot line and a line parallel thereto on the lot.
SIDEA yard abutting a side lot line, extending from the front yard to the rear yard, the required width of which is a prescribed minimum distance between the side lot line and a line parallel thereto on the lot.
The hearing board appointed by the action of the Borough
Council to decide appeals from the action of the Zoning Officer or
Building Inspector, to hear and decide challenges to the validity
of a zoning ordinance or map; to hear and decide requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship; and to hear and decide requests for special exceptions as
stated in this chapter.
The person designated by the Borough Council to administer and enforce the provisions of this chapter, with the power to issue permits and halt illegal construction. The duties of the Zoning Officer may be assigned to the Building Inspector (see Article XIV).
[1]
Editor's Note: The original definitions of
"Municipal Council," "municipality" and "Municipal Secretary" under
the defined term "appropriate," which immediately followed this definition,
were deleted 9-9-2002 by Ord. No. 3-2002. See now the definitions
of "Borough Council," "municipality" and "Borough Secretary," respectively.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
