City of Monessen, PA Definitions

Two or more individual rooms that do not meet the definition of a dwelling unit are rented for habitation; or

BUILDING LINE OR BUILDING SETBACK LINE

A dwelling unit that includes greater than the permitted maximum number of unrelated persons.

A boardinghouse shall not include a use that meets the definition of a hotel, motel, life care center, personal care center, bed-and-breakfast use, group home or nursing home. A boardinghouse may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

BUFFER YARD

A strip of land that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement.

BUILDING

Any structure having a permanent roof and intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.

BUILDING COVERAGE

The percentage obtained by dividing the maximum horizontal area square feet of all principal and accessory buildings and attached structures covered by a permanent roof on a lot by the total lot area of the lot upon which the buildings are located.

BUILDING LENGTH

The horizontal measurement between the two most distant portions, other than portions measured diagonally, of any one building or of attached buildings.

See "setback line."

BUILDING, PRINCIPAL

A building used for the conduct of the principal use of a lot and which is not an accessory building.

BUILDING WIDTH

The horizontal measurement between two structural walls of one building that are generally parallel, measured in one general direction that is most closely parallel to the required lot width. For a townhouse, this width shall be the width of each dwelling unit.

BULK RECYCLING CENTER

A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances and which does not primarily involve the processing of nonrecycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a junkyard.

CEMETERY

Land or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains of properly cremated humans is not regulated by this chapter.

CHRISTMAS TREE FARM OR TREE FARM

A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale of trees from November 15 to December 30 that were produced on the premises.

CITY COUNCIL

The City Council of the City of Monessen.

COMMERCIAL COMMUNICATIONS TOWER/ANTENNA

A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, such as but not limited to antennas used for transmitting commercial radio or television signals or cellular telephone communications. This shall not include a standard antenna.

COMMERCIAL OUTDOOR RECREATION

A use that has a total building coverage of less than 15%, is used principally for active or passive recreation (such as a driving range) and is used for a profit-making purpose.

COMMERCIAL USE

Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.

COMMUNITY CENTER

A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and provision of meals to low-income elderly persons. This shall not include residential uses or a treatment center.

COMPREHENSIVE PLAN

The document entitled the "City of Monessen Comprehensive Plan," or any part thereof, adopted by the City Council, as amended.

CONDITIONAL USE

A use which is allowed or denied by the City Council within the provisions of Article I, after review by the Planning Commission.

CONDOMINIUM

A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with the owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership and which was created under either the Pennsylvania Unit Property Act of 1963 or was created under the Pennsylvania Uniform Condominium Act of 1980, as amended.[2]

COUNTY

The County of Westmoreland, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Westmoreland County Planning Commission.

CROP FARMING

The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. Crop farming shall also include orchards and Christmas tree farms and raising of limited numbers of livestock as a clearly accessory use, but shall not include intense raising of livestock, commercial forestry, riding academies or kennels.

CURATIVE AMENDMENT

A proposed zoning amendment made to the City Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which they have an interest.

DAY CARE, CHILD

A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. The following three types of day care are permitted without regulation by this chapter: care of children by their own relatives or care of one to three children within any dwelling unit, in addition to children who are relatives of the care giver. See also the definition of "adult day-care center."

CHILD DAY-CARE CENTER, AS AN ACCESSORY USEA type of day-care use that provides care for six or fewer children at one time who are not relatives of the care giver. See § 375-31.

CHILD DAY-CARE CENTER, AS A PRINCIPAL USEA type of day care use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 375-30.

DENSITY

The total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated.

(OR "DEP")

The Pennsylvania Department of Environmental Resources or its successor and its relevant subparts.

DETACHED BUILDING

A building that is surrounded on all sides by open yards and that is not attached to any other building.

DISTRIBUTION

The processing of materials so as to sort out which finished goods are to be transported to different locations and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration and packaging.

DISTRICT (OR ZONING DISTRICT)

A land area within the City within which certain uniform regulations and requirements apply under the provisions of this chapter.

DRIVEWAY

A privately owned, constructed and maintained vehicular access from a street or access drive to any dwelling unit, commercial unit, institutional or industrial principal use. See also "access drive."

DWELLING

A building used as nontransient living quarters, but not including a boardinghouse, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home." This chapter categorizes dwellings into the following types:

CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of Article VIII.

LOW-RISE APARTMENTS (GARDEN APARTMENTS)Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouse"). The individual dwelling units may be leased or sold for condominium ownership.

SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or garden apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.

SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open areas on all sides.

EMERGENCY SERVICES STATION

MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable; is designed for permanent occupancy; is contained in a single piece or two substantial pieces 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; is constructed so that it may be used with or without a permanent foundation; is not a recreation vehicle; and includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and "manufactured home" have the same meaning.

SINGLE-FAMILY SEMIDETACHED DWELLING HALF OF A TWIN DWELLINGOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as "1/2 of a duplex." Each unit may or may not be on a separate lot.

TOWNHOUSEOne dwelling unit that is attached to two or more dwelling units and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row houses" or "single-family attached dwellings."

TWO-FAMILY DETACHED DWELLINGTwo dwelling units accommodating one family each with both dwelling units within a single building on a single lot and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.

DWELLING UNIT

A single habitable living unit occupied by only one family. See definition of "family." Each dwelling unit shall have its own toilet, bath or shower, sink, sleeping and cooking facilities, and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.

A building for the housing of fire, emergency medical or police equipment and for related activities. This may include housing for emergency personnel while on-call.

EMPLOYEES

The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ESSENTIAL SERVICES

Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See § 375-27. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

FAMILY

One or more persons living in a single dwelling unit and functioning as a common household unit. A family shall not include more than four persons who are not related to each other. A family also means a group of not more than six unrelated handicapped persons 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 or adoption. If required by the service provider, a staff person may reside on the premises and will not be included in the total number of occupants. A treatment center shall not be considered a family or a group home.

FARM-RELATED USE

An accessory use to a dwelling or farmstead and which meets the requirements for such use in §§ 375-27 and 375-31.

FENCE

A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a wall. The term "wall" does not regulate engineering retaining walls, which are permitted uses as needed in all districts.

FLOODPLAIN (ONE-HUNDRED-YEAR)

See definitions in Article V of this chapter.[3]

FLOOR AREA, TOTAL

The total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. Floor area shall specifically include but not be limited to fully enclosed porches and basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet. For the purposes of regulating floor area of dwelling units, floor area specifically shall not include the following: elevator shafts, common stairwells, unheated areas or unenclosed porches, decks or breezeways.

GARAGE, PRIVATE OR HOUSEHOLD

An enclosed building for the storage of one or more motor vehicles. No business, occupation or service shall be conducted in a private garage that is accessory to a dwelling, except as may be allowed as a home occupation.

GARAGE SALE

The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 375-31.

GLARE

A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.

GROUP HOME

The use of any lawful dwelling unit which meets the following criteria:

A group of more than six unrelated handicapped persons living together as a single housekeeping unit in a dwelling unit and sharing common facilities. If required by the service provider, a staff person may reside on the premises.

A group home may not be a lodging house or a personal care residence.

The dwelling unit shall have one primary means of ingress/egress, a single outside mail box, single utility connections (except for telephone service) and common eating/cooking areas.

The use does not require alteration to the exterior structure except where otherwise permitted for single-family residential dwellings or where required under health/safety codes.

On-site parking spaces shall be provided at the ratio of one stall for every three staff persons on duty.

Any office located in the dwelling unit shall be limited to on-site program use only.

HANDICAPPED

Defined according to the Federal Fair Housing Act of 1988. The term "handicap" means a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21.

HEIGHT

The vertical distance measured from the average elevation of the average proposed ground level along the front of the building to the highest point of a structure. For a building with a roof, such height shall be measured to the highest point of the structural roof. See exemptions for certain types of structures in § 375-63. For height of signs, see Article VII, entitled "Signs."

HELIPORT

An area used for the takeoff and landing of helicopters, together with any related support facilities such as for maintenance, refueling and storage. This chapter is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons.

HOME OCCUPATION

A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building that:

Is conducted primarily by a permanent resident of the dwelling;

Only involves persons working on the premises who are permanent residents of the dwelling, plus a maximum number of nonresidents permitted by § 375-31;

Only includes uses that are clearly incidental and secondary to the principal residential use;

Specifically does not include a use prohibited as a home occupation in § 375-31.

HOME OCCUPATION, GENERAL

A home occupation that does not meet the standards for a light home occupation, but which meets all other standards for a home occupation. For example, if a home occupation involves persons working on-site who do not live on-site, then approval is needed as a general home occupation. (A general home occupation typically requires conditional use approval.)

HOME OCCUPATION, LIGHT

A home occupation that meets all of the following types of standards:

Only persons who live within the dwelling shall work within a light home occupation.

A light home occupation is limited to the following types of activities:

Office-type or clerical work (such as writing, editing, drafting, tax preparation, computer programming, computer data inputting, typing, addressing and sending mail;

Custom sewing and fabric crafts;

Creation of visual arts (such as painting, ceramics, sculpture or wood carving); or

(4)

Tutoring (such as musical instruction, art instruction or school-related tutoring).

HOSPITAL

A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve stays overnight shall be considered a medical office or clinic. A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may include a hospice for care of the terminally ill.

HOTEL, MOTEL OR INN

A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a boardinghouse and shall meet the requirements of that use. See also "bed-and-breakfast use." A hotel, motel or inn may include a restaurant, nightclub, newsstand or tavern, provided that such uses are clearly accessory to the principal use of overnight accommodations.

IMPERVIOUS COVERAGE

The total area of all impervious surfaces on a lot (including building coverage) divided by the total lot area.

Areas being voluntarily dedicated as common open space may be included in the acreage for determining impervious coverage of an adjoining lot.

The nonimpervious coverage may be partially or wholly met by land that abuts the use, even if such land is in a different zoning district, an adjoining municipality and an abutting lot, if such land will be deed restricted as permanent open space and be so clearly stated on official recorded plans. In such case, the land shall be properly maintained by the abutting use.

IMPERVIOUS SURFACE

Area covered by roofs, concrete, asphalt or other man-made cover which has a coefficient of runoff of 0.7 or higher. The City Engineer shall decide any dispute over whether an area is impervious.

JUNK

Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials other than materials permitted under § 375-27E. Junk shall not include:

Solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations;

Toxic wastes;

Grass clippings, leaves or tree limbs; or

Items clearly awaiting imminent recycling at an approved recycling use.

JUNK VEHICLE

Includes any vehicle or trailer that meets any of the following conditions:

Does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker (except for licensed antique cars not required to have an inspection sticker). (Licenses or inspection stickers that expired less than 90 days ago shall be considered current for the purposes of this section.)

Cannot be immediately moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs.

Cannot be immediately towed, in regards to a vehicle designed to be towed.

Has been demolished beyond repair.

Has been separated from its axles, engine, body or chassis.

Is a nuisance in that the vehicle has become the habitat for rats, mice, snakes or other vermin or insects.

[Added 10-15-2003 by Ord. No. 12-2003]

Is defective or obsolete in its condition in any manner and constitutes a threat to the public health and/or safety. Such defective or obsolete condition may include any vehicle with a broken or cracked windshield, window, headlight, tail light, or any other cracked or broken glass, or broken or loose part, including but not limited to a fender, door, bumper, roof, hood, etc.

[Added 10-15-2003 by Ord. No. 12-2003]

JUNKYARD

Land or a structure used for the collection, storage, dismantling, processing and sale, other than within a completely enclosed building, of material of one or more of the following types:

Junk (see definition).

A greater number of junk vehicles than is permitted under § 375-48 that are partly or fully visible from an exterior lot line, dwelling or public street. This shall not apply to vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.

One or more mobile or manufactured homes that are not in a habitable condition.

Junk stored within a completely enclosed building for business purposes shall be considered a warehouse and shall be regulated as a warehouse.

KENNEL

The keeping of a total of more than 20 dogs or cats over three months in age on a lot. A nonprofit animal shelter is a type of kennel.

LANDOWNER

The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner and if such lease is for a remaining period of at least 12 months) or authorized officers of a partnership or corporation that is a landowner or other person having a proprietary interest in land. A person who has clearly received formal notarized powers of attorney relating to a landowner may act in the capacity of the landowner, if legally authorized.

LIVESTOCK, RAISING OF

The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "Keeping of Pets" section of § 375-31 [4] and beyond what is allowed within the definition of "crop farming." This use shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.

LOT

A separate parcel of land that is recorded or that will be recorded after City final subdivision approval in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public street shall be considered to be one tract but two lots.

LOT AREA

The horizontal land area contained within the lot lines of a lot (measured in acres or square feet), but excluding the following:

Areas within the existing legal rights-of-way of:

Any proposed or existing public streets or alleys; or

MOBILE/MANUFACTURED HOME PARK

Any proposed or existing commonly maintained private streets that serve three or more lots;

Areas that exist as or will be required to be dedicated as common open space on a separate lot; and

Fifty percent of areas within rights-of-way or easements intended for overhead electrical lines of 35 kilovolts or higher capacity, which shall only be excluded for residential lots.

LOT, CORNER

A lot abutting on two or more intersecting streets.

LOT DEPTH

The average horizontal distance between the front and the rear lot lines, measured through the approximate center of the lot.

LOT, FLAG

An irregularly shaped lot characterized by an elongated extension providing access from a street to the principal part of the lot. See § 375-62.

LOT LINES

The property lines bounding the lot. Wherever a property line borders a public street, the lot line shall be considered to be the existing street right-of-way.

FRONT LOT LINE (STREET LINE)A lot line separating the lot from the future street right-of-way.

REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)

SIDE LOT LINEAny lot line other than a front or rear lot line. A side street lot line is a side lot line separating a lot from a street.

LOT, MERGED

A lot which has resulted from the merger of two or more abutting nonconforming parcels of land that were held under single ownership. See § 375-67 which restricts such parcels from being sold separately.

LOT WIDTH

The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, the lot width shall be measured using a straight line from end to end. The lot width shall be measured facing a street.

MANUFACTURE

The making, with substantial use of machinery, of some product for sale and associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility, trucking company terminal or petroleum or kerosene refining or distillation.

MASSAGE PARLOR

An establishment that meets all of the following criteria:

Manipulative exercises are performed using the hands and/or a mechanical or bathing device on a person's skin other than the face or neck by another person that is related to certain monetary compensation.

The person conducting the massage is not licensed as a health care professional or a licensed massage therapist by the state or related to the person receiving the massage by blood, adoption, marriage or official guardianship.

The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor.

The massages are conducted within private or semiprivate rooms.

The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program.

MEDICAL OFFICE

A use involving the treatment and examination of patients by state-licensed physicians or dentists, provided that no patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

MEMBERSHIP CLUB

An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. This use shall not include a target range for outdoor shooting, boardinghouse, a tavern, a restaurant, retail sales or an auditorium unless that particular use is permitted in that district and the requirements of that use are met. See also "after-hours club." This use shall not include a motor vehicle race track.

MINERAL EXTRACTION

Te removal of bulk minerals from the surface or from beneath the surface of land through the use of machinery and powered equipment, but shall not include:

[Amended 11-17-2010 by Ord. No. 13-2010]

Removal of material, including minerals, from the surface or beneath the surface solely to provide routine fill;

Routine movement of and replacement of top soil during construction.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, shale, peat and crude oil and natural gas.

[Added 11-17-2010 by Ord. No. 13-2010]

MOBILE/MANUFACTURED HOME

See under "dwelling."

A parcel of land under single ownership which has been planned and improved for the placement of three or more mobile/manufactured homes for nontransient residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes with each dwelling on its own subdivided and approved individual lot of record shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a mobile home park.

MOTEL

See "hotel."

MOTOR VEHICLE RACE TRACK

A use involving competitive driving of motor vehicles involving speeds routinely exceeding 30 miles per hour, other than driving upon a public street.

MUNICIPALITIES PLANNING CODE OR STATE PLANNING CODE

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988.[5]

NATURE PRESERVE

A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

NIGHTCLUB

A tavern or restaurant that has a primary or substantial portion of the total trade in the sale of alcoholic beverages, which frequently charges admission or cover charges for entertainment or music for dancing and which has a capacity of more than 250 persons for such entertainment or dancing.

NONCONFORMING LOT

A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board and which is not abutted by other undeveloped land owned by the same owner.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable lot area, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of this chapter or applicable amendment. Nonconforming structures include but are not limited to signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where the use was lawfully in existence prior to the enactment of this chapter or applicable amendment.

NURSING HOME

A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons.

OFFICE

A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical or dental offices, clinics or laboratories, photographic studios and television or radio broadcasting studios.

OFFICIAL STREET CLASSIFICATION MAP

The map as adopted by the City Council classifying the streets of the City. See definition of "street classification." This map may be amended by resolution of the City Council.

OFFICIAL ZONING MAP

The map as adopted by the City Council which designates the location and boundaries of zoning districts.

OPEN SPACE, COMMON

A parcel or parcels of land within a tract which meets all of the following standards:

Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;

If not intended to be publicly owned, is covered by a system for perpetual maintenance;

Will be deeded to the City or deed restricted to permanently prevent uses of land other than common open space and noncommercial recreation; and

Does not use any of the following areas to meet minimum open space requirements:

Existing or future street rights-of-way;

Accessways;

PERSONAL CARE HOME OR CENTER

Buildings (other than accessory buildings and pools clearly intended for noncommercial recreation);

(4)

Off-street parking (other than that clearly intended for noncommercial recreation);

(5)

Any area needed to meet a requirement for an individual lot;

(6)

Any area deeded over to an individual property owner for their own use; or

(7)

Land with rights-of-way intended eventually for overhead electrical transmission of 35 kilovolts or greater capacity.

ORDINANCE

The City of Monessen Zoning Ordinance, including the Official Zoning Map and Official Street Classification Map, as amended.

PAVED AREA

All areas covered by gravel or impervious surfaces, other than areas covered by buildings, bicycle paths and pedestrian sidewalks.

PENNDOT

The Pennsylvania Department of Transportation or its successor and its subparts.

PERMIT

A document issued by the proper City authority authorizing the applicant to undertake certain activities.

ZONING PERMITA permit issued indicating that a proposed use, building or structure is, to the best knowledge of the City staff, in accordance with this chapter and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this chapter, a zoning permit or a permit under this chapter shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.

CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the City staff, in accordance with the provisions of the Building Code[6] which may be adopted by the City.

PERMITTED-BY-RIGHT USES

Uses that do not have to be approved as uses by the Zoning Hearing Board or the City Council. (A site plan review by the Planning Commission and the City Council is required for certain permitted-by-right uses to ensure that the use would comply with all City ordinances.) A nonconforming use shall not be considered to be a permitted use.

A residential use providing residential and support services primarily to persons who are over age 60, physically handicapped or developmentally disabled and that is licensed as a personal care center by the Commonwealth of Pennsylvania.

PERSONAL SERVICE

An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barbershops and beauty shops, photography studios, shoe repair shops, household appliance repair shops and other similar establishments, but shall not include any adult uses.

PETS, KEEPING OF

The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops.

PICNIC GROVE, PRIVATE

An area of open space and pavilions that is not publicly owned and which is rented for picnics and outdoor recreation.

PLACES OF WORSHIP

Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious or spiritual worship and that are operated for nonprofit and noncommercial purposes. A place of worship may include one dwelling unit as an accessory use for housing of employees of the place of worship and their family. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling.

PLANNING COMMISSION

The Planning Commission of the City of Monessen.

PLANT NURSERY

The indoor or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry or lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.

PRINCIPAL BUILDING

The building in which the principal use of a lot is conducted. Any building that is physically attached to a principal building shall be considered part of that principal building.

PRINCIPAL USE

A dominant use or main use on a lot, as opposed to an accessory use.

PUBLICLY OWNED RECREATION

Land or structures that are owned by a government agency or the City and are available for use by the general public for leisure and recreation.

RECREATION, COMMERCIAL

Leisure time uses that are primarily operated for commercial purposes.

RECREATION, PRIVATE

Noncommercial leisure time uses that are only open to members and their occasional invited guests or persons within a specific group reserved in advance.

RECYCLING COLLECTION CENTER

A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclable and their customary collection, which is a permitted-by-right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted-by-right accessory use to a public or private primary or secondary school, a place of worship, a City-owned use, an emergency services station or a college or university.

RELATED OR RELATIVE

Persons who are closely related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law or parent-in-law. For the purposes of child day-care regulations, "relative" may also include a first cousin. This term shall not include relationships such as second cousins or cousins further removed.

REPAIR SERVICE

Shops for the repair of appliances, watches, guns, bicycles and other household items.

RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE

A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, volleyball court, gazebo, storage shed, greenhouse, children's playhouse and children's play equipment. For skateboard ramps, see residential accessory structure standards in § 375-31.

RESIDENTIAL DISTRICTS

The S, R1, R2 and R3 Zoning Districts.

RESIDENTIAL LOT LINES

The lot line of a lot that:

Contains an existing dwelling on a lot of less than 10 acres; or

Is undeveloped and zoned as a residential district.

RESTAURANT

An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.

A fast-food restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a tavern or nightclub as applicable must be met.

A restaurant shall not include a use meeting the definition of a nightclub or an after-hours club.

RETAIL STORE

A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.

RIGHT-OF-WAY

Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, right-of-way shall mean the existing street right-of-way line.

RIGHT-OF-WAY, EXISTING OR LEGALThe line separating a lot from the established official street right-of-way that either the City or the commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this chapter.

RIGHT-OF-WAY, FUTURE OR ULTIMATELand that is dedicated or is required to be defined or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. If a future right-of-way is not required to be defined, then future right-of-way shall have the same meaning as existing right-of-way.

SANITARY LANDFILL (OR SOLID WASTE LANDFILL)

A type of solid waste disposal area involving the depositing of solid waste on land, compacting the waste and covering the waste with soil and which has a permit to operate as a sanitary landfill from the state.

SATELLITE DISH ANTENNA OR SATELLITE ANTENNA

A ground-based reflector, usually parabolic in shape, that receives electronic signals from a satellite. This term shall also include any pedestal or attached structure.

SCHOOL, PUBLIC OR PRIVATE, PRIMARY OR SECONDARY

An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools.

SCREENING

Year-round plant material of substantial height and density designed to buffer an intense use from another use or street. See requirements in § 375-64D.

SELF-STORAGE DEVELOPMENT

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

SEPTAGE

Materials pumped from a residential on-lot septic treatment system that was installed and is maintained in compliance with DEP regulations.

SETBACK LINE

The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the front lot line.

Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 375-64B.

Unless otherwise stated, setback distances are for both accessory and principal structures.

Private streets. For a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street, if a right-of-way exists. If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway.

SEWAGE DISPOSAL SYSTEM

A system to collect, treat and dispose of sewage.

CENTRAL SEWER SERVICEService at the time of occupancy of a use by a sewage treatment system that serves a minimum of 20 dwelling units or five principal nonresidential uses.

SEWAGE SLUDGE, LAND APPLICATION OF

PUBLIC SEWER SERVICEService at the time of occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.

ON-LOT OR NONPUBLIC SEWER SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of "central sewer service."

The spreading on land of the treated conditioned accumulated settled solids and similar stabilized residue from septic and holding tank pumpings and sewage treatment systems.

SHOPPING CENTER

A use involving five or more retail or personal service uses or establishments and that primarily involves retail sales. A shopping center may also include a mix of permitted personal service, office and commercial recreation uses.

SIGHT DISTANCE

An area required to be kept free of visual obstruction. See § 375-64.

SIGN

Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 375-60 and 375-52. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising.

SIGN AREA

See § 375-60.

SIGN, OFF-PREMISES

A sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered or located at a location other than the lot upon which the sign is located. This includes signs commonly called "billboards."

SITE PLAN REVIEW

Review of a site plan by the Planning Commission and/or the City Council that is required for certain uses under Article I.

SLAUGHTERHOUSE

A use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse.

SLOPE

The vertical change of an area of land divided by the horizontal change, measured in percent.

SOLICITOR

Unless otherwise stated, the appointed Solicitor to the City of Monessen City Council.

SOLID WASTE

Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household or commercial activities.

For the purposes of this chapter, the following materials shall not be considered to be solid waste:

Portions of trees or shrubs, leaves, mulch and rocks;

Substances legally disposed of into the air or water through a federal or state pollution discharge permit;

SOLID-WASTE-TO-ENERGY FACILITY

Customary residual wastes from a permitted mineral extraction use; or

(4)

Materials of a character such as paper, plastic, aluminum and metal that have clearly been separated from the waste stream for recycling.

SOLID WASTE FACILITY

Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill, solid waste transfer facility or solid-waste-to-energy facility.

The following uses for the purposes of this chapter shall not be considered to be a solid waste disposal facility: junkyard, recycling collection center, leaf composting, clean fill or septage or sludge application.

A type of solid waste disposal facility that utilizes waste (such as trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs.

SOLID WASTE TRANSFER FACILITY

A type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal and which may or may not involve the separation of recyclables from solid waste.

SPECIAL EXCEPTION

A use requiring zoning approval by the Zoning Hearing Board within the standards and procedures of Article I.

SPECIFIED SEXUAL ACTIVITIES

One or more of the following:

Human male genitals in an visible state of sexual stimulation.

Acts of human masturbation, sexual intercourse, oral sex or sodomy.

Fondling or other erotic touching of human genitals.

STABLE, NONHOUSEHOLD

Keeping of three or more horses, which may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the keeping of pets (see § 375-31).

STATE

The Commonwealth of Pennsylvania and its agencies.

STATE PLANNING CODE

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and as may be further amended.[7]

STORAGE SHED

An enclosed accessory building maintained primarily for the convenience of the occupants of the principal building on the lot and which is not used for the housing of a motor vehicle with four or more wheels.

STORY (AND HALF STORY)

A level of a building routinely accessible to humans having an average vertical clearance six feet or greater shall be considered a full story, except as provided for in the definition of "basement." Any level of a building having an average vertical clearance from floor to ceiling of less than six feet shall be considered a half story.

STREET

A public or private thoroughfare which provides the principal means of vehicle access to abutting lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.

STREET CENTER LINE

The center of the existing street right-of-way or, where such cannot be determined, the center of the traveled cartway.

STREET CLASSIFICATION

The functional classification of streets into the following types, as shown on the Official Street Classification Map for existing streets and as determined by the City Engineer for future streets:

ARTERIAL STREETDesigned for high volumes and moderate speed traffic, with an emphasis on carrying through traffic and providing access to abutting nonresidential uses.

COLLECTOR STREETDesigned to carry a moderate volume of traffic to carry traffic from local streets to arterial streets.

LOCAL STREETDesigned primarily to provide access to the abutting properties and to carry this traffic to collector streets.

STRUCTURE

Any man-made object, whether or not affixed to the land, subject to the following specific standards:

The following specifically shall be considered to be structures: buildings, signs, stadiums, platforms, communications towers, walkways, porches or decks that are covered by a permanent structure, swimming pools (whether above or below ground), storage sheds, carports and garages.

Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.

SUBDIVISION

See the definition in the City Subdivision and Land Development Ordinance.[8]

SUBDIVISION ORDINANCE OR SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

The City of Monessen Subdivision and Land Development Ordinance, as amended.[9]

SWIMMING POOL, HOUSEHOLD

A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for recreational bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.

SWIMMING POOL, NONHOUSEHOLD

A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for recreational bathing or swimming and that does not meet the definition of a household swimming pool. This includes a semipublic pool that serves only residents of a development or members of a club and their occasional guests; or a public pool intended to serve the general public. See also provisions at the end of § 375-27 which permit recreational facilities limited to use by employees of a use or residents of a development as an accessory use.

TAVERN

A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of a nightclub or an after-hours club. The sale of food may also occur. See also the definition of "restaurant."

THEATER

A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

THEATER, OUTDOOR DRIVE-IN

An outdoor area devoted primarily to the showing of motion pictures or theatrical productions to patrons seated in motor vehicles.

TIRE STORAGE, BULK

The storage of more than 250 tires on a lot, except for manufacture or wholesale or retail sales of new tires.

TOWNHOUSE

See "dwelling" types.

TRACT

In certain zoning districts, the minimum amount of adjacent land area (which may be separated by alleys, streets or waterways) within the City that is required to be approved as part of an overall preliminary subdivision or land development plan in order to allow either certain types of uses or to allow the creation of lots smaller than a certain specified lot area. An area of land shall meet the following requirements in order to be considered a tract:

Shall only include lands within a submitted preliminary plan that includes a well-defined internal circulation system, maximum coordination between lots and carefully limited points of vehicular access onto streets exterior to the tract: and

Shall only include lands that at the time of the approval of the preliminary plan have one landowner (as defined by Article II), unless the applicant proves to the satisfaction of the Zoning Officer that there is a legally binding commitment between two or more landowners to coordinate the access and development of the tract as shown in the approved preliminary plan.

TRADE SCHOOL

A use that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 16. This shall include a dancing school, martial arts school or ceramics school.

TREATMENT CENTER

A use (other than a prison or a permitted accessory use in a hospital) providing treatment or counseling; and may include housing for persons who need specialized housing for stays of less than one year; and who need treatment or counseling because of:

Criminal rehabilitation, such as a criminal halfway house or a treatment center for persons convicted of driving under the influence of alcohol;

Addiction to alcohol or a controlled substance; or

A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others. (For housing of persons with other types of mental illness, see "group home.")

TRUCKING COMPANY TERMINAL

A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer trucks. This shall not include a use that involves significant processing, such as a feed and grain mill. A use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a distribution use.

USE

The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a building, activity outside of a building, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.

VARIANCE

The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of the Zoning Ordinance. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code.[10]

VETERINARIAN OFFICE

A building routinely used for the treatment of animals and related accessory housing or boarding of sick animals. Housing of primarily healthy animals shall be considered a kennel and shall meet the requirements of that use.

WALL

See "fence."

WAREHOUSE

A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.

WATER SYSTEM

A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the City.

CENTRAL WATER SERVICEService by a central water system that is owned and operated by a municipality, a municipal or county authority or a water company regulated by the State Public Utility Commission and which transmits water from a common source to more than 30 dwellings or principal uses.