Borough of Bell Acres, PA Article I General Provisions

§ 165-1 Titles.

This chapter shall be known and may be cited as the "Bell Acres Borough Zoning Ordinance," and the Zoning Map referred to herein and adopted as part of this chapter shall be known as the "Bell Acres Borough Zoning Map."

§ 165-2 Purpose.

The purpose of this chapter is the promotion of the health, safety, morals, convenience and general welfare of the present and future inhabitants of Bell Acres Borough by:

A. Encouraging and facilitating the orderly, coordinated and practical development of the Borough.

B. Lessening the danger and congestion of traffic on the roads and highways and providing for adequate off-street parking and loading for all land uses.

C. Securing safety from fire, panic, flood and other dangers.

D. Providing for adequate light and air.

E. Promoting such distribution of population and classification and utilization of land as will facilitate and conserve adequate provisions for transportation, water, drainage, sanitation, educational and other public facilities, recreation and protection of natural resources and the environment.

F. Identifying those ecologically fragile and sensitive portions of the Borough and regulating development thereof accordingly.

G. Establishing building lines and the locations of buildings or structures designed for appropriate uses within such lines to prevent overcrowding.

H. Dividing the Borough into districts restricting and regulating the location, construction, reconstruction, alteration and use of buildings, structures and land to conserve land, building and structure values, protect the tax base, secure economy in governmental expenditures and encourage variety and quality in land uses.

I. Providing housing opportunities consistent with the Borough's population growth and housing demand, present and future.

J. Providing for the regulation of nonconforming uses, buildings and structures.

K. Providing for the timely, equitable and efficient administration of the provisions, regulations and restrictions hereof.

L. Implement the Bell Acres Comprehensive Plan.

[Added 12-11-2006 by Ord. No. 247]

§ 165-3 Statement of community objectives.

[Amended 12-11-2006 by Ord. No. 247]

Pursuant to Section 606 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, No. 247, P.L. 805, as amended,[1] the statement of community development objectives, which is to serve as the guideline for growth and development within the Borough affected by this chapter, may be supplied by reference to the Comprehensive Plan. Because the Borough's community development objectives are set forth in the Comprehensive Plan for Bell Acres Borough, Allegheny County, of 1994 and as amended in 2005, this chapter's statement of community development objectives is supplied by reference to that Comprehensive Plan.

[1] Editor's Note: See 53 P.S. § 10606.

§ 165-4 More restrictive standards to prevail.

Where a provision of this chapter is found to be in conflict with a provision of any land use ordinance or code, applicable health, building, housing or safety regulation or any other ordinance or resolution of the municipality existing on the effective date of this chapter or thereafter or any regulation issued under the authority of any such code, regulation, ordinance or resolution, the provision which establishes the more restrictive standard for protection of the health, safety and welfare of the people shall prevail.

§ 165-5 Word usage and definitions.

A. Unless a contrary intention appears clearly, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following clauses. Any word or phrase not defined specifically herein is intended to be used with its meaning in standard usage.

B. For the purpose of this chapter, words and phrases used herein shall be interpreted as follows:

(1) Words used in the present tense include the future.

(2) The term "shall" is mandatory.

(3) Words used in the singular number shall include the plural, and the plural the singular, unless the context indicates clearly to the contrary.

(4) The word "occupied," as applied to any land or building, shall be interpreted to include the words "intended, arranged or designed to be occupied."

(5) The word "used," as applied to any land or building, shall be interpreted to include the words "intended, arranged or designed to be used."

C. The following definitions shall apply to this chapter:

ACCESSORY

(1) ACCESSORY BUILDING See "building, accessory."

(2) ACCESSORY USE See "use, accessory."

ACCESSORY ANTENNA

An apparatus, external to, or attached to the exterior of a building, together with any supporting structures for the sending or receiving of radio or electromagnetic waves. Antennas shall be accessory structures subject to the requirements of § 165-31H.

ACRE

Forty-three thousand five hundred sixty square feet.

ADULT ARCADE

Any place to which the public is permitted or invited whereon coin-operated, slug-operated or for any form of consideration or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

[Added 3-8-1999 by Ord. No. 208]

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

A commercial establishment which, as one of its substantial business activities, offers for sale or rental for any form of consideration any one or more of the following:

[Added 3-8-1999 by Ord. No. 208]

(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides, CD ROM discs or other computer software or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant or other commercial establishment which regularly features:

[Added 3-8-1999 by Ord. No. 208]

(1) Persons who appear in a state of nudity or seminudity.

(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(3) Films, motion pictures, videocassettes, slides or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions or visual presentations of any kind are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

[Added 3-8-1999 by Ord. No. 208]

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

[Added 3-8-1999 by Ord. No. 208]

ADVERTISING SIGN

An off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation or other similar activity which is sold, offered or conducted elsewhere than on the lot upon which such sign is located.

ALLEY

A right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties and is not intended for general traffic circulation.

ALTERATIONS

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangements of parts of a structure affecting the exitway of, replacement or relocation of, any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

AMENDMENT

Any addition, deletion or revision of any part of this chapter text or zoning map officially enacted by the Borough Council after public hearing.[1]

ANIMAL HUSBANDRY

The keeping, caring for or raising of horses, other livestock, and domestic fowl. Animal husbandry does not include riding academies, boarding stables or commercial kennels or the raising of animals for their fur or skin.

[Added 11-11-2002 by Ord. No. 226; amended 8-9-2021 by Ord. No. 307][2]

APPOINTING AUTHORITY

The Bell Acres Borough Council.

AREA

(1) LOT AREA The area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way.

(2) FLOOR AREA (GROSS) The sum of the areas of the several floors of the building or structure, as measured from the exterior faces of the walls. It does not include basements, unenclosed porches, attics not usable for human occupancy nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles nor any such floor space intended and designed for accessory heating and ventilating equipment.

ARTERIAL STREETS

Streets providing traffic movements between traffic generation areas.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing.

AUTOMOBILE RENTAL, SALES AND SERVICE

The rental, sales and service of automobiles, motorcycles and trucks under 26,000 pounds GVW, but not including any heavy equipment or any other vehicle or equipment which is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code.

[Added 11-11-2002 by Ord. No. 226]

BASEMENT

The space enclosed by the foundation or ground floor wall of a building partly below the average level of the adjacent ground. A basement shall not be counted as a story for the purposes of height measurement unless 1/2 or more of its volume is above the average level of the adjacent ground.

BASIC GRADE

A reference plane representing the average of the finished ground level adjoining a structure at all its exterior walls.

BED-AND-BREAKFAST

A dwelling which is principal residence of the operator where no more than four sleeping rooms are offered to transient overnight guests for compensation and where the only meal served and included with the overnight accommodations is breakfast.

[Added 11-11-2002 by Ord. No. 226]

BOARDER

A person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes and paying compensation for lodging or board by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment (motel or hotel).

BOARDINGHOUSE

Any dwelling with fewer than 20 sleeping rooms in which more than three persons, either individually or as families, are commercially housed or lodged, with or without meals. A rooming house or a furnished rooming house shall be deemed a "boarding house."

BOARD or ZONING HEARING BOARD

The Bell Acres Borough Zoning Hearing Board.

BOROUGH

The Borough of Bell Acres.

BUFFER AREA

A portion of land which may be used for the planting of trees, shrubs, bushes, grass or other ground cover or the construction of walls or fences only. No other development is permitted in this area. Existing plant cover may be counted towards buffer requirements.

BUILDABLE AREA

That portion of a zoning lot bounded by the required front, side and rear yards.

BUILDING

A structure under a roof, used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof.

(1) BUILDING, ACCESSORY A subordinate building located on the same lot or parcel of land as a principal building and clearly incidental and subordinate to the principal building. Examples include, but are not limited to, detached garages, detached carports, storage sheds, private greenhouses, pool houses, gazebos, pavilions and farm buildings when relative to farming activity. Any portion of a principal building devoted to an accessory use is not an accessory building.

[Amended 11-9-2020 by Ord. No. 305]

(2) BUILDING, PRINCIPAL A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.

BUILDING HEIGHT

A vertical distance measured from the average elevation of the proposed finished grade around and at the structure to the highest point of the roof for flat roofs, to the deck lines of mansard roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.

BUILDING SETBACK LINE

The rear line of the minimum front yards, as herein designated for each district, measured from the street line.

BUILDING SPACING

The minimum distance between two buildings. The minimum building spacing shall be measured from the outermost wall, excluding projections such as bay windows, chimneys, flues, columns, ornamental features, cornices and gutters.

BUS DEPOT

Any area used for the purpose of parking, storing, or maintenance of buses.

[Added 8-9-2010 by Ord. No. 260]

BUSINESS or PROFESSIONAL OFFICES

Any office of recognized professionals such as doctors, lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.

[Added 11-11-2002 by Ord. No. 226][3]

BUSINESS SIGN

An on-premises sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted other than incidentally on the premises upon which such sign is located or to which it is affixed.

CEMETERY

Property used for interring of dead persons or domestic pets, including mausoleums and columbariums, but not including crematoriums or family plots.

[Added 11-11-2002 by Ord. No. 226]

CHICKEN COOP or HENHOUSE

A structure providing shelter for domestic fowl which is completely enclosed.

[Added 8-9-2021 by Ord. No. 307]

CHICKEN RUN OR PEN

A fenced or other type of enclosure that is typically attached to a coop or henhouse and is mostly open to the elements, for the purpose of allowing domestic fowl to leave the henhouse or coop while remaining in a predator-safe environment.

[Added 8-9-2021 by Ord. No. 307]

CHURCH

Any structure or structures used for worship or religious instruction, including social and administrative rooms and day nurseries accessory thereto and including any activity conducted for profit in churches or on church grounds. Churches shall include but not be limited to chapels, cathedrals, temples, synagogues and the like.

[Added 11-11-2002 by Ord. No. 226]

COLLECTOR STREETS

Streets providing connection primarily between regional streets or regional and local streets.

COMMERCIAL RECREATION

An establishment operated for profit by other than a public entity, either indoors or outdoors, for the pursuit of sports, recreation or leisure activities, including, but not limited to, such establishments as miniature golf, golf or batting practice facilities, bowling alleys, ice or roller rinks, playing fields, racquet clubs, swimming pools, theaters, dance halls, amusement parks, amphitheaters and similar facilities.

[Added 11-11-2002 by Ord. No. 226]

COMMERCIAL SCHOOL

A privately owned and operated for profit establishment providing technical or skilled training, vocational or trade education courses and programs to person of any age.

[Added 11-11-2002 by Ord. No. 226]

COMMERCIAL STABLE

The boarding, training, renting or keeping of horses for use by persons other than the residents of the property.

[Added 11-11-2002 by Ord. No. 226]

COMMISSION or PLANNING COMMISSION

The Borough Planning Commission.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.

COMMUNICATION TOWER

A structure in excess of 40 feet from the base of the tower and necessary auxiliary components proposed for the purpose of sending and receiving electronic or analogous signals.

[4]

[Added 10-12-1998 by Ord. No. 203]

COMMUNITY CLUB

A nonprofit organization comprised of residents in the neighborhood in which it is located, the primary purpose of which is the advancement of its members interests in recreation, education, cultural, or civic pursuits and activities.

[Added 9-13-2021 by Ord. No. 309]

COMMUNITY CLUBHOUSE, PRIVATE

A building or portion thereof, owned and maintained by a community club, condominium association, homeowners' association, or similar entity which is used exclusively by the residents of the neighborhood, condominium, or residential development in which it is located for civic pursuits or recreational, cultural, social, or educational purposes. A private community clubhouse shall not include any such use operated for profit or open to the general public. A private community clubhouse shall not include any such use operated by a country club or golf club.

[Added 9-13-2021 by Ord. No. 309]

COMMUNITY SWIMMING POOL, PRIVATE

A swimming pool owned and maintained by a community club, condominium association, homeowners' association, or similar entity, which is used exclusively by the residents of the neighborhood, condominium, or residential development in which it is located. A private community pool shall not include any pool operated for profit or open to the general public. A private community swimming pool shall not include any such use operated by a country club or golf club.

[Added 9-13-2021 by Ord. No. 309]

COMPREHENSIVE PLAN

The Comprehensive Plan for Bell Acres Borough, Allegheny County, adopted 1994 and as amended in 2005 by Bell Acres Borough under the applicable provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[5]

[Amended 12-11-2006 by Ord. No. 247]

CONDITIONAL USE

A use permitted in a particular zoning district pursuant to the provisions in Article X.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

CONSTRUCTION BUSINESS

A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Construction business may include office space, showroom space and shop space for construction trades and building supply establishments. The wrecking, salvaging, dismantling or storage of junk automobiles and similar vehicles shall not be permitted.

[Amended 11-11-2002 by Ord. No. 226]

CONVENIENCE STORE

A retail store selling foodstuffs and/or household supplies and/or the retail sale of gasoline and other essential automobile fluids for the convenience of the neighboring population.

[Added 11-11-2002 by Ord. No. 226]

CONVERSION

The conversion of an existing building from a residential use to a nonresidential use permitted in the district in which the building is located or the conversion of an existing building from a single-family dwelling to a multiple-family dwelling.

COUNCIL

The governing body of the Bell Acres Borough.

COUNTRY CLUB

A land area and buildings containing recreational facilities, clubhouse and usual accessory, uses.

CROP FARMING

The science and art of farming, the work of cultivating the soil, producing crops or raising trees, plants and shrubs for transplantation.

[Added 11-11-2002 by Ord. No. 226]

CRYPTOCURRENCY MINING

See "data center."

[Added 3-13-2023 by Ord. No. 320]

DATA CENTER

A building, structure, or portion thereof, that primarily houses computing and communication devices and equipment. Such equipment may be used in the operation of an off-site business, for the generation and processing of data for cryptocurrency mining or other blockchain operations, for the general compilation, storage or maintenance of documents, records or other information in a digital format, or for the storage operation and/or maintenance of servers or other communications and computation equipment generally. A data center may contain ancillary office space. A data center shall include any and all associated ancillary equipment or machinery, including, but not limited to, generators and cooling and heating systems.

[Added 3-13-2023 by Ord. No. 320]

DAY CARE CENTER

A facility, licensed by the commonwealth, located within a building which is not used as a dwelling unit for the care, on a regular basis, during part of a twenty-four-hour day of children under the age of 16 or handicapped or elderly persons.

[Added 11-11-2002 by Ord. No. 226]

DAY-CARE FACILITY

Any place, home or institution which cares for four or more children under the age of 16 years apart from their parents, guardians or custodians for regular periods of time for compensation; provided, however, that the term "day-care facility" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person or churches and other religious or public institutions caring for children within an institutional building.

DENSITY

(1) GROSS DENSITY That ratio of the total number of dwelling units to the total acreage comprising a given parcel.

(2) NET DENSITY That ratio of the total number of dwelling units to the acreage within a given tract of land devoted to residential use, including streets, parking areas and open space, yards and courts which abut and serve residences, but exclusive of those areas devoted to common space, those areas containing grades (slopes) of 25% or greater after development and those areas preserved by virtue of their significance or unique natural amenity.

(3) See § 165-108 for density for planned residential development.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT (LAND DEVELOPMENT)

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean the written and graphic materials referred to in this definition.

DIRECTLY ILLUMINATED SIGN

A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such a sign, including but not limited to neon and exposed-lamp signs.[6]

DOMESTIC FOWL

Any smaller domesticated birds being chickens and ducks. All other larger birds shall be deemed livestock and shall be subject to § 165-31K(1).

[Added 8-9-2021 by Ord. No. 307]

DRIVE-THROUGH FACILITY

Any principal use or accessory use which involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including, but not limited to drive-in or drive-through windows at fast food restaurants, banks or other businesses, exterior automated teller machines (ATMs), quick oil change facilities, car washes and similar automotive services and other such facilities.

[Added 11-11-2002 by Ord. No. 226]

DRIVEWAY

A minor vehicular way providing access between a street and a parking area or garage within a lot or property.

DWELLING

A building designed exclusively as living quarters for one or more families, including single-family dwellings, duplexes and apartments, but not including hotels, motels or boarding houses.

[Amended 11-11-2002 by Ord. No. 226; 3-9-2020 by Ord. No. 302]

DWELLING TYPES

The following dwelling types are included in this chapter:

[Added 11-11-2002 by Ord. No. 226]

(1) SINGLE-FAMILY DWELLING A detached residential building which is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.

(2) DUPLEX A residential building which is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside.

[Amended 3-9-2020 by Ord. No. 302]

(3) APARTMENT A residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units.

[Amended 3-9-2020 by Ord. No. 302]

(4) GROUP CARE FACILITY A facility licensed by the commonwealth which provides room and board and specialized services for any number of permanent residents who are not included in the protected classes covered by the Fair Housing Act (42 U.S.C. § 3601 et. seq.), and persons of any age or condition who have been adjudicated by the Criminal Court system and who are in need of supervision and specialized services on a twenty-four-hour basis, including staff qualified by the sponsoring agency who may or may not reside at the facility and who provide health, social and rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency.

(5) PERSONAL CARE BOARDING HOME A dwelling licensed by the commonwealth where room and board is provided to more than three permanent residents, who are not relatives of the operator, and who are mobile or semimobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.

(6) NURSING HOME An institution licensed by the commonwealth for the care of human patients requiring skilled nursing or intermediate nursing care, but not including facilities for major surgery or care and treatment of drug or alcohol addiction.

(7) TOWNHOUSE A multifamily residential building which contains at least three but no more than six dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.

[Amended 3-9-2020 by Ord. No. 302]

(8) TRANSITIONAL DWELLING A dwelling unit occupied on a short-term basis by persons assigned by a court of law, or public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, prison assignment, house arrest or other court ordered treatment, and other such short-term supervised assignments.

DWELLING UNIT

Two or more rooms designed for or occupied by one family only and containing sleeping facilities, cooking and food storage facilities, and, in a separate room, toilet and tub or shower with hot and cold water supply, all for the exclusive use of the family occupying the dwelling unit.

[Amended 11-11-2002 by Ord. No. 226]

EASEMENT

A grant of the specified use of a parcel of land to the public, a corporation or a person. Any utility-related structure within an easement shall conform to the zoning district requirements in which it is located.

EMPLOYEE

A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.

[Added 3-8-1999 by Ord. No. 208]

ENERGY SOURCE OPERATIONS

Operations that involve the transmittal of seismic waves to model the geophysical properties of the Earth's crust.

[Added 11-12-2018 by Ord. No. 295]

ENTERTAINMENT

Any activity, commercial or noncommercial, whether or not 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, festivals, parks, ball fields and related uses.

EROSION

The removal of surface materials by the action of natural elements.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

[Added 3-8-1999 by Ord. No. 208]

ESCORT AGENCY

A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

[7]

[Added 3-8-1999 by Ord. No. 208]

ESSENTIAL SERVICE

The erection, construction, alteration or maintenance, by public utilities or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems or 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 for the public health or safety in general directly to an end user. The installation or operation of facilities described herein by public utilities or other governmental agencies is a necessary aspect of an essential service.

[Amended 9-12-2016 by Ord. No. 287]

ESTABLISHMENT

Includes any of the following:

[Added 3-8-1999 by Ord. No. 208]

(1) The opening or commencement of any sexually oriented business as a new business.

(2) The conversion of an existing business, whether or not a sexually oriented business, or any sexually oriented business.

(3) The addition of any sexually oriented business to any other existing sexually oriented business or to a nonsexually oriented business.

(4) The relocation of any sexually oriented business.

FAMILY

One or more persons related by blood, foster relationship, marriage or adoption and, in addition, any domestic servants or gratuitous guests thereof, or a group of not more than five persons who need not be so related and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.[8]

FAMILY DAY-CARE HOME

A facility, licensed or approved by the commonwealth, as required by the laws of the commonwealth, located within a dwelling for the care on a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes.

[Added 11-11-2002 by Ord. No. 226]

FENCE

Any freestanding barrier, including a wall, which is designed to confine, restrict, enclose, delineate, or shield from view a particular lot, yard or area. Without limiting the foregoing, this definition shall not include retaining walls under four feet in height above finished grade, or decorative landscape fencing under two feet in height above finished grade, provided they are utilized for a specific purpose and area, and do not encompass or abut the perimeter of the lot or yard.

[Amended 11-9-2020 by Ord. No. 305]

FENCE, TEMPORARY

Any freestanding fence that is: a) used during approved construction or other earth moving activities, or b) a mesh or wire fence used to protect vegetation from animal browse. Temporary fencing must be utilized for a specific purpose and area, and cannot encompass or otherwise abut the perimeter of the lot or yard.

[Added 6-14-2021 by Ord. No. 306]

FESTOON LIGHTING

A directly illuminated sign, including a group of incandescent light bulbs either hung or strung overhead, located to attract attention or used to outline a sign or other structure, but not including festive lighting.

FINANCIAL INSTITUTION

A bank, savings and loan association or similar institution that lends money or is engaged in a finance-related business.

[Added 11-11-2002 by Ord. No. 226]

FLASHING SIGN

An illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use. Included are oscillating or revolving lights.

[9]

FLOOR AREA

See "area."

FLOOR AREA RATIO

The ratio obtained when the gross floor area minus unoccupied basement area is divided by the total lot area.

FREESTANDING SIGN

A self-supporting sign resting on or supported by means of poles or standards on the ground. The height of freestanding signs shall be measured from the average grade at the sign to the top of the sign.

FRONT YARD DEPTH

The prescribed minimum open space extending across the entire width of the lot between the front line of a building and the street right-of-way.

FUNERAL HOME

A building used for the embalming of deceased human beings for burial, but not including cremation, and for the display of the deceased and ceremonies connected therewith before burial or cremation.

[Added 11-11-2002 by Ord. No. 226]

GARAGE, PRIVATE

A building or portion thereof designed or used privately for the storage of motor vehicles and used by the occupants of the main building to which it is an accessory. Not more than one of the housed vehicles may be a commercial vehicle of more than two tons' capacity.

GASOLINE SERVICE STATION

Building and premises engaged primarily in the sale of motor fuels but also supplying goods and services generally required in the operation and maintenance of automotive vehicles. These may include the sale of petroleum products, sale and service of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performing of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. No major repair work is permitted on these premises.

GOVERNING BODY or BOROUGH COUNCIL

The Borough Council of the Borough of Bell Acres.

GREENHOUSE

The indoor raising of plants, shrubs and trees for sale and transplantation.

[Added 11-11-2002 by Ord. No. 226][10]

HAZARDOUS MATERIAL

Any of the following materials or substances: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulfur and sulfur products, pesticides (including insecticides, fungicides and rodenticides) and radioactive substances, insofar as such substances are not otherwise regulated.

HOSPITAL

An establishment licensed by the commonwealth for the care of human patients suffering from physical or mental illnesses, and which may or may not include facilities for major surgery, and which may be publicly or privately operated.

[Added 11-11-2002 by Ord. No. 226]

IMPERVIOUS SURFACE

Surfaces with a coefficient of runoff greater than 0.85. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by a professional engineer selected by the municipality to be impervious within the meaning of this definition will also be classified as impervious surfaces.

INDIRECTLY ILLUMINATED SIGN

A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.

INDUSTRIAL PARK

A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation, and open space.

[Added 11-11-2002 by Ord. No. 226]

INDUSTRY, HEAVY

Any type of manufacturing or other enterprise that involves significant external effects and commonly recognized offensive conditions, or which poses significant risks due to the involvement of explosive or flammable materials, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials. Also included here are mining, drilling, and quarrying operations and related facilities.

[Added 6-13-2016 by Ord. No. 286]

INDUSTRY, LIGHT

Any enterprise engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials, that is capable of operation in such a manner as to control the external effects of the manufacturing process. All light industrial operations, with the exception of limited outdoor storage, shall be required to be carried out within completely enclosed buildings.

[Added 6-13-2016 by Ord. No. 286]

INJECTION WELL

Any well into which fluids are injected underground in porous rock formations like limestone and sandstone, or below in the shallow soil layer. These waste fluids may include, but are not limited to, brine, heavy metals, chemicals, and radioactive materials.

[Added 11-12-2018 by Ord. No. 295]

KENNEL

A structure and/or premises where four or more dogs or cats or any combination of dogs and cats totaling four or more animals which are six months or older are kept, bred, trained or boarded at any one time, whether for profit or not.

[Added 11-11-2002 by Ord. No. 226]

KNOWINGLY

Having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry, or both, of:

[Added 3-8-1999 by Ord. No. 208]

(1) The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person.

(2) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the licensee or person made a reasonable bona fide attempt to ascertain the true age of such minor.

LAKES AND PONDS

Natural or artificial bodies of water which retain water year round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool, if there is any difference. "Lakes" are bodies of water two or more acres in extent. "Ponds" are bodies of water less than two acres in extent.

LAND DEVELOPMENT

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or a subdivision of land.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase, (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.

LANDSLIDE SUSCEPTIBILITY

Areas of moderate to high susceptibility to landsliding produced by the influence of natural and/or man-related activity. Plans for development within these areas must be submitted by a professional engineer or landscape architect, approved by the governing body.

LICENSEE

A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and, in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

[Added 3-8-1999 by Ord. No. 208]

LODGER

See "boarder."

LOGGING

The act of cutting of live trees for cord wood, timber pulp or any commercial purpose, excepting therefrom a homeowner cutting on his own property for his own use, clearing pursuant to a development plan approved by the Borough Council, clearing for a single family detached dwelling or for farming operations.

LOT

A parcel of land used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto, or for any other purpose, in one ownership and not divided by a street nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A lot, for the purpose of this chapter, may or may not coincide with a lot of record. The word "lot" includes the words "plot" or "parcel."

(1) LOT, AREA See "area."

(2) CORNER LOT A lot which has an interior angle of less than 135° at the intersection of two street lines.

(3) DEPTH OF LOT The distance from the street line of the lot to its opposite rear line, measured in the general direction of each side line of the lot.

(4) LOT OF RECORD Any lot which individually or as part of a subdivision has been recorded in the office of the Recorder of Deeds of Allegheny County.

(5) LOT WIDTH The width dimension of a lot at the right-of-way line measured at near right angles to the depth or along the curve in the event that the right-of-way line is curved.

(6) THROUGH LOT An interior lot having frontage on two parallel or approximately parallel streets.

LOT LINES

Any boundary line of a lot.

(1) LOT LINE, REAR Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line and, except that in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.

(2) LOT LINE, FRONT See "street line."

(3) LOT LINE, SIDE Any lot line which is not a street line or a rear lot line,.

MANUFACTURING

The mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semifinished products.

[Added 11-11-2002 by Ord. No. 226]

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Medical Marijuana Act.

[Added 11-12-2018 by Ord. No. 295]

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 10231.101 et seq.

[Added 11-12-2018 by Ord. No. 295]

MEDICAL MARIJUANA DISPENSARY

The use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health to dispense medical marijuana pursuant to the Medical Marijuana Act.

[Added 11-12-2018 by Ord. No. 295]

MEDICAL MARIJUANA GROWER/PROCESSOR

The use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit from the Commonwealth of Pennsylvania Department of Health to grow and/or process medical marijuana pursuant to the Medical Marijuana Act.

[Added 11-12-2018 by Ord. No. 295]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For the purposes of this chapter, any inhabited mobile home shall be considered a single-family dwelling and as such shall be subject to all applicable regulations in this chapter or other municipal ordinances.

MOBILE HOME PARK

A planned residential development which is to be occupied by two or more mobile homes.

MOTEL/HOTEL

An establishment which offers transient overnight lodging accommodations to the general public and which also may provide additional supporting services such as restaurants, meeting rooms, recreation, facilities and living quarters for a resident manager or proprietor.

[Added 11-11-2002 by Ord. No. 226]

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945" (53 P.S. § 301 et seq.).

MUNICIPAL or MUNICIPALITY

Bell Acres Borough.

MUNICIPAL SEWAGE DISPOSAL SYSTEM

One which is owned and operated by the municipality and which has been approved by the appropriate county and state officials, agencies having jurisdiction over such matters and/or a municipal authority.

MPC

The Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, P.L. 805. (53 P.S. § 10101 et seq.)

MUNICIPAL WATER SUPPLY

One which is owned and operated by the municipality and which has been approved by the appropriate county and state officials, agencies having jurisdiction over such matters and/or a municipal authority.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a use structure manifestly not designed to comply with the applicable or extent of use provisions this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.

NONILLUMINATED SIGN

A sign which is nonilluminated, either directly or indirectly.

NUDE MODEL STUDIO

Any place where a person who appears seminude, in a state of nudity or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation, or in a structure:

[Added 3-8-1999 by Ord. No. 208]

(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing.

(2) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.

(3) Where no more than one nude or seminude model is on the premises at any one time.

NUDITY or A STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernably turgid state.

[Added 3-8-1999 by Ord. No. 208]

OBSTRUCTIONS

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated flood plain district, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to the damage of life and property.

ONE-HUNDRED-YEAR-FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

OFF-PREMISES SIGN

A sign which directs attention to an activity not conducted on the same lot.

ON-PREMISES SIGN

A sign which directs attention to an activity conducted on the same lot.

PARALLEL SIGN

A sign mounted parallel to a wall or other vertical building surface.

PARKING

[Amended 8-9-2010 by Ord. No. 260]

(1) PARKING AREA, PRIVATE An open, off-street area, other than a private road or way (with adequate means of access), used exclusively for the parking of automobiles of occupants of the premises.

(2) PARKING AREA, PUBLIC OR PARKING LOT, PUBLIC An open, off-street area, other than a private road or way (with adequate means of access), available to the general public for the parking of automobiles.

PERSON

Includes a corporation, partnership, association or other legal entity as well as an individual.

PERSON (when referring to a sexually oriented business)

An individual, proprietorship, partnership, corporation, association or other legal entity.

[Added 3-8-1999 by Ord. No. 208]

PLANNED RESIDENTIAL DEVELOPMENT

At least 10 acres 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, bulk or type of buildings, density, lot coverage and required open space to the regulations established in any one residential district of this chapter.

POLITICAL SIGN

A sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue concerning which a public election is scheduled to be held.

PRINCIPAL

(1) PRINCIPAL BUILDING See "building."

(2) PRINCIPAL USE See "use."

PROJECTING SIGN

Any sign mounted to a wall or other vertical building surface other than a parallel sign.

PERSONAL SERVICES

A commercial establishment providing such personal services as hairdressing and haircutting, clothes cleaning, laundering, shoe repair, tailoring and the like.[11]

PRIVATE CLUB

Any establishment operated by a private organization for social, recreational, educational, fraternal or sororal purposes which is open only to members and their guests and not to the general public.

[Added 11-11-2002 by Ord. No. 226]

PRIVATE STREET

A private way used or intended to be used for passage by motor vehicles owned and maintained privately and not maintained by the Borough.

PROJECTION

An architectural feature, including bays, balconies, chimneys, stairways, canopies as used in vehicular drive-in facilities and similar structures. Roof overhangs, eaves, cornices, terraces and unenclosed, uncovered porches less than three feet above grade are not considered projections.

PUBLIC FACILITY

Land or a building or structure and its equipment used for the purpose of providing a service to the public by a governmental agency or regulated corporation. Public facility shall include but not be limited to police stations, fire stations, Borough-owned buildings and properties used to serve the public, libraries, parks, open space and similar public facilities.

[Amended 11-11-2002 by Ord. No. 226]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days nor less than seven days from the date of the hearing.

PUBLIC SOLID WASTE DISPOSAL SITE

A parcel of land for the ultimate disposition of unwanted or discarded materials from households and businesses, including garbage and nonrecyclable materials with insufficient liquid content to be free flowing.

[12]

[Added 11-11-2002 by Ord. No. 226]

RELIGIOUS WORSHIP, PLACE OF

Any structure or structures used for worship or religious instruction, including social and administrative rooms and day nurseries accessory thereto, but not including any activity conducted for profit.

REPAIR SHOP

A service establishment providing maintenance and repairs of items that can be carried in by hand, including personal effects (such as jewelry, watches, bicycles), small household appliances, office equipment, small gasoline engines and similar items, but not including repair of large appliances, motorized vehicles or heavy equipment.

[Added 11-11-2002 by Ord. No. 226]

RESEARCH AND DEVELOPMENT

Any establishment, including laboratories, which carries on investigation in the natural, physical or social sciences or engineering and development as an extension of such investigation with the objective of creating end products and which may include supporting storage and transportation facilities.

[Added 11-11-2002 by Ord. No. 226]

RESTAURANT

An establishment which offers food and beverages for sale and consumption either on or off the premises as a principal use and may serve alcoholic beverages for consumption on the premises as an accessory use.

[Added 11-11-2002 by Ord. No. 226]

RETAIL SALES

The sale on the premises of commodities and/or services directly to consumers, but not including the manufacturing or processing of any products.

[Added 11-11-2002 by Ord. No. 226]

RIGHT-OF-WAY

Land set aside for use as a street, alley or other means of travel. With respect to use by utilities, see "easement."

(1) EXISTING RIGHT-OF-WAY The legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.

(2) FUTURE RIGHT-OF-WAY The right-of-way deemed necessary as appropriate to provided adequate width for future street improvements.

ROOMER

See "boarder."

SATELLITE DISH ANTENNA

A device incorporating a reflective surface that is solid, open mesh or bar configured and is the shape of a satellite dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based use. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."

SCHOOL, PUBLIC and PRIVATE

An accredited institution of learning which offers elementary and secondary level instruction or which offers associate, bachelor or higher degrees in the several branches of learning required by the Commonwealth of Pennsylvania.

[Added 11-11-2002 by Ord. No. 226]

SCREENING

Relative to this chapter, a fence, evergreen hedge or wall at least six feet high, provided in such a way that it will block a line of sight. The screening may consist either of one or several rows of bush or trees or of a constructed fence or wall.

SEAT

A fixed seat in a theater, auditorium or meeting room; or 24 lineal inches of an installed bench or pew; or, in the absence of these, six square feet of floor space in the seating area.

SELF-STORAGE FACILITY

A building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the storage of personal property.

[Added 11-11-2002 by Ord. No. 226]

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which the clothing partially or nonopaquely covers specified anatomical areas.

[Added 3-8-1999 by Ord. No. 208]

SERVICE BUSINESS

Any enterprise providing services to a person, their apparel or personal effects commonly carried on or about their person, including but not limited to shoe repair, tailoring, clothes cleaning, watch repair, beauty shops, barbershops and the like.

[Added 11-11-2002 by Ord. No. 226]

SERVER FARM

See "data center."

[Added 3-13-2023 by Ord. No. 320]

SEWER (SANITARY)

(1) PUBLIC SEWER SYSTEM Any municipal system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant. It may also be referred to as an "off-lot" or "off-site sewer." This shall include capped sewers when installed to Borough specifications.

(2) PRIVATE SEWER SYSTEM Any privately owned and maintained system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as an "off-lot" or "off-site sewer."

(3) PRIVATE SEWAGE DISPOSAL An on-lot disposal system providing for the disposal of effluent for one building and its accessory buildings on a single lot, subject to the approval of the Allegheny County Health Department.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

[Added 3-8-1999 by Ord. No. 208]

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

[Added 3-8-1999 by Ord. No. 208]

SHOPPING CENTER

A group of commercial establishments planned, constructed, and managed as a total entity with consumer and employee parking provided on site.

[Added 11-11-2002 by Ord. No. 226]

SIGN

Any signboard, ground sign, wall sign, illuminated sign, projecting sign, temporary sign, pylon or pole sign, marquee, awning, canopy or street clock or temperature display and shall include any announcement, declaration, demonstration, display illustration or insignia used to advertise or promote the interests of any person when the same is oriented toward the public right-of-way and the view of the general public.

SIGN AREA

The area defined by the frame or edge of a sign. If there is no frame or edge, the area shall be determined by a four-sided, straight-line geometric shape which outlines the letters or graphic display of the said sign.[13]

SITE

A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

SITE AREA

All land area within the site as defined in the deed. The actual area shall be from the actual site survey rather than the deed description.

SITE PLAN

A plan of proposed development or use on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Borough or prescribed in this chapter.

SLOPES

Areas where the average slope exceeds 8%, which are subject because of the slope to high rates of stormwater runoff and, therefore, erosion.

SOLICITOR

The Solicitor of the Borough of Bell Acres.

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernably turgid state, even if completely covered.

[Added 3-8-1999 by Ord. No. 208]

SPECIFIED CRIMINAL ACTIVITY

Any of the following offenses:

[Added 3-8-1999 by Ord. No. 208]

(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries for which:

(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or an applicant or a person residing with the applicant.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

[Added 3-8-1999 by Ord. No. 208]

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

(3) Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) and (2) above.

STORY

That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is not a floor above it, then the space between the floor and the ceiling next above it.

STREET

Includes "street," "avenue," "boulevard," "road," "highway," "freeway," "parkway," "lane," "alley," "viaduct" and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

STREET LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way, provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.

STRUCTURE

Anything, including buildings, constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.

[Amended 11-9-2020 by Ord. No. 305]

(1) STRUCTURE, ACCESSORY A subordinate structure located on the same lot or parcel of land as a principal structure and clearly incidental and subordinate to the principal structure. Examples include, but are not limited to, accessory buildings, walls, fences, decks, patios, swimming pools, tennis courts, pergola, or trellises.

(2) STRUCTURE, PRINCIPAL A structure in which is conducted, or is intended to be conducted, the principal use of the lot in which it is intended.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street, shall be exempted.

SWIMMING POOL

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.

TAVERN, BAR or BOTTLE CLUB

A business which sells alcoholic beverages or provides the opportunity for patrons to bring alcoholic beverages onto the premises for consumption on those premises as the principal use and which may offer food or alcoholic beverage mixes for consumption on those premises as an accessory use.

[Added 11-11-2002 by Ord. No. 226][14]

TRANSFER OF OWNERSHIP or CONTROL

Of a sexually oriented business, includes any of the following:

[Added 3-8-1999 by Ord. No. 208]

(1) The sale, lease or sublease of the business.

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

TRUCK DEPOT

Any area used for the purpose of parking, storing, or maintenance of trucks.

[Added 8-9-2010 by Ord. No. 260]

TRUCK RENTAL, SALES AND SERVICES

The rental, sales and service of trucks, and equipment over 26,000 pounds GVW, and any other vehicle or equipment which is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code.

[Added 11-11-2002 by Ord. No. 226]

TRUCK TERMINAL

A building or area where freight is brought by truck for short-term storage, transferring, loading, unloading and reloading and/or rerouting and shipped from the building or area by truck.

[Added 11-11-2002 by Ord. No. 226][15]

USE

Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

(1) USE, ACCESSORY A use primarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use nor serve property other than the lot or parcel of land on which the principal use is located.

[Amended 11-9-2020 by Ord. No. 305]

(2) USE, PRINCIPAL The main use on a lot.

UTILITIES

Those services customarily rendered by public utility corporations, municipalities or municipal authorities in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles and the like).

VARIANCE

A modification of the literal provisions of this chapter which the Bell Acres Borough Zoning Hearing Board is permitted to grant when strict enforcement of such provisions would cause undue hardship owing to circumstances unique to the individual property concerning which the variance is sought in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[16]

VEHICLE ACCESSORIES SALES AND INSTALLATION

An establishment engaged in the retail sales and installation of accessories for trucks, automobiles and motorcycles, including, but not limited to such items as tires, hubcaps, mirrors, seat covers, floor mats, tonneau covers, truck caps, windshields, windshield wipers, trim packages, running boards and the like, but not including any mechanical parts.

[Added 11-11-2002 by Ord. No. 226]

VEHICLE REPAIR

A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recapping/retreading of tires, and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building, as defined by this chapter.

[Added 11-11-2002 by Ord. No. 226][17]

VEHICLE SALVAGE YARD

Any premises devoted wholly or in part to the storage, buying or selling, salvaging, recycling or otherwise handling or dealing in scrap metals, building materials, scrapped or used appliances or other household goods, fixtures, vehicles and vehicle parts, machinery and machinery parts or other forms of discarded materials.

[Added 11-11-2002 by Ord. No. 226]

VETERINARY SERVICES

A facility where animals are treated by a licensed veterinarian but are not boarded.

VIEWING BOOTHS

Booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas or persons who appear in a state of nudity or seminudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities.

[Added 3-8-1999 by Ord. No. 208]

WAREHOUSE

A building used for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles. Warehousing which is incidental to retail sales and which does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition.

[Added 11-11-2002 by Ord. No. 226]

WHOLESALING

An establishment engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public, or acting as a broker for such merchandise sales.

[Added 11-11-2002 by Ord. No. 226]

WIND ENERGY SYSTEM, HEIGHT OF THE

The distance measured from the natural grade or finished grade to the tip of the rotor blade at its highest point.

[Added 8-9-2010 by Ord. No. 261]

WIND ENERGY SYSTEM, PERSONAL

A wind energy conversion system that has a rated capacity of not more than 60kw that converts wind energy into electricity, consisting of a wind turbine, a tower, and associated control or conversion electronics, including collection, distribution, and storage equipment, intended for private use to replace on-site consumption of utility power or supplement or replace utility power.

[Added 8-9-2010 by Ord. No. 261]

WIND ENERGY SYSTEM, RATED CAPACITY OF

The maximum rated output of electric power production equipment specified by the manufacturer and typically found on a nameplate on the equipment.

[Added 8-9-2010 by Ord. No. 261]

WINDOW SIGN

Any business sign which is oriented to the public right-of-way and is attached to the outside or inside of a window.

WIND TURBINE

A device consisting of a rotor with two or more blades that converts kinetic wind energy into rotational energy that drives an electrical generator.

[Added 8-9-2010 by Ord. No. 261]

WOODLANDS

Areas, groves or stands of mature or largely mature trees [i.e., greater than six inches caliper (diameter) at a height of 14 inches above the ground] covering an area greater than 1/4 of an acre; or groves of mature trees [greater than 12 inches caliper (diameter) at a height of 14 inches above ground] consisting of more than 10 individual trees.

YARD

An open space, unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

(1) YARD, FRONT A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.

(2) YARD, REAR A yard between a structure and a rear lot line and extending the entire length of the rear lot line.

(3) YARD, SIDE A yard between a structure and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.

ZONING AND CODE ENFORCEMENT OFFICER

The person designated to administer and enforce this chapter.

ZONING DISTRICT

A section of Bell Acres Borough for which uniform regulations governing the use, height, area, density and intensity of use of buildings and land and open space about buildings are herein established.

ZONING OCCUPANCY PERMIT

A document issued by the Zoning and Code Enforcement Officer upon completion of the construction of a structure or change in use of a structure or parcel of land or change of occupancy of a structure and indicating that the use and structure is in compliance with the ordinances of the Borough having jurisdiction over the location of such use or structure, that all conditions attached to the granting of the zoning certificate have been met and that the structure and land may be occupied and used for the purposes set forth in the zoning permit.

ZONING PERMIT

A document issued by the Zoning and Code Enforcement Officer stating that a proposed use or development will be in compliance with this chapter and authorizing the applicant to proceed to obtain all required building permits.

[1] Editor's Note: The former definition of "amusement use," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[2] Editor's Note: The former definition of "amusement," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[3] Editor's Note: The former definition of "business services," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[4] Editor's Note: The definition of "completely dry space," which immediately followed this definition, was repealed 9-8-2014 by Ord. No. 280.

[5] Editor's Note: See 53 P.S. § 10101 et. seq.

[6] Editor's Note: The former definition of "drive-in restaurant," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[7] Editor's Note: The definition of "essentially dry space," which immediately followed this definition, was repealed 9-8-2014 by Ord. No. 280.

[8] Editor's Note: The former definition of "family boarding home," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[9] Editor's Note: The definition of "floodproofing," which immediately followed this definition, was repealed 9-8-2014 by Ord. No. 280.

[10] Editor's Note: The former definition of "group residence," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[11] Editor's Note: The former definitions of "private club or lodge" and "private recreation," which immediately followed this definition, were repealed 11-11-2002 by Ord. No. 226.

[12] Editor's Note: The definition of "regulatory flood elevation," which immediately followed this definition, was repealed 9-8-2014 by Ord. No. 280.

[13] Editor's Note: The former definition of "single-family house," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[14] Editor's Note: The former definition of "townhouse," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[15] Editor's Note: The former definition of "two-family house," which immediately followed this definition, was repealed 11-11-2002 by Ord. No. 226.

[16] Editor's Note: See 53 P.S. § 10101 et seq.

[17] Editor's Note: The former definitions of "vehicle sales area" and "vehicle salesroom," which immediately followed this definition, were repealed 11-11-2002 by Ord. No. 226.

§ 165-6 Area and bulk regulation terms illustrated.

A diagram illustrating the area and bulk regulation terms is located at the end of this chapter.

§ 165-7 Conformity and permits required.

After the effective date of this chapter, except for existing legal nonconforming uses or structures, no structure or building shall be erected, reconstructed, structurally altered, enlarged or moved, and no structure, building or land shall be used, occupied or designed to be used unless in conformity with the regulations specified herein for the zoning district in which it is located and with all other applicable provisions of this chapter, and then only after applying for and securing all permits, licenses and approvals required by all laws, ordinances, resolutions, regulations and codes.

§ 165-8 Alteration of conforming uses to nonconforming uses.

No building, structure or use shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families or persons, to occupy a greater percentage of lot area or to have a narrower or smaller yard than is herein specified for the zoning district in which the building, structure or use is located.

§ 165-9 Required yards to apply to one building.

No part of a yard or other open space about any building, structure or use, required for the purpose of complying with the provisions of this chapter, shall be included as a part of a yard or open space similarly required for another building, except when specifically authorized.

§ 165-10 Public utility lines.

Public utility lines for the transportation, distribution and control of water, gas, electricity, oil, steam, telegraph telephone and other Public Utilities Commission authorized communication systems and their supporting members, other than buildings, shall not be required to be located in specific zoning districts.

§ 165-11 Existing lots of inadequate size.

Nothing in the zoning district regulations shall be held to prohibit the erection of a single-family dwelling in a zoning district where permitted upon a lot or lots whose size is inadequate to meet the lot area regulations set for the district, provided that such lot or lots, on the effective date of this chapter, are held under separate ownership from the lots adjoining thereto, have the right of direct access to a public or a private street and their uses comply with all other applicable zoning district regulations. In the event that on two or more adjacent lots under the same ownership whose combined width is inadequate to meet the lot area regulations, only one single-family dwelling may be erected.

§ 165-12 All uses to be zoning lots.

Except as otherwise provided herein, after the effective date of this chapter, all uses of property must be on a zoning lot, which zoning lot shall not be occupied by more than one main building, structure or use, unless specifically authorized by the terms of this chapter.

§ 165-13 Classification of annexations.

Any land annexed to the Borough after the effective date of this zoning chapter shall be classified immediately and automatically as an R-1 District. The Planning Commission shall recommend appropriate zoning for the annexed area to the Borough Council within 90 days after the date of the annexation.

§ 165-14 Borough roads serving developments in adjacent municipalities.

A. No road within a district shall serve development in adjacent municipalities if such a development is of a higher density or a more intense use than that on the road within the Borough or the existing Borough roads are inadequate to accommodate the additional traffic generated by the development in the adjoining municipalities, including capacity and vehicular and pedestrian safety.

B. If a preliminary plan of subdivision proposed within the Borough will, by its location and direct accessibility to property situate in an adjoining municipality, provide access to the public road system of the Borough from said adjoining municipality, which public road system is not capable of accepting the additional vehicular traffic expected to be generated as the result of development in said adjoining municipality, thus adversely affecting the fire protection, police protection and the public safety of the portion of the Borough, the Borough Council may impose a condition or conditions upon the preliminary approval of said subdivision plan to restrict access through said plan of subdivision to or from the property situate in the adjoining municipality.

C. Vehicular access to nonresidential areas shall not be permitted from residential districts and must occur from either arterial or collector roadways at points where they are in areas zoned for nonresidential use.

§ 165-15 Designation of districts.

[Amended 12-11-2006 by Ord. No. 247; 9-8-2014 by Ord. No. 280; 6-13-2016 by Ord. No. 286; 3-9-2020 by Ord. No. 302]

In order to carry out the stated purpose of this chapter, the Borough is hereby divided into zoning districts, designated as follows:

Full Name	Short Name
Rural Single-Family Residential District	RR1
Single-Family Residential District	R1
Single-Family Residential District	R2
Multifamily Residential District	R3
Multifamily Residential District	R4
Mixed Use: Residential/Commercial District	M1
Mixed Use: Residential/Commercial/Light Industrial District	M2
Mixed Use: Light Industrial/Heavy Industrial District	M3
Geologic Hazards District	GH

§ 165-16 Zoning Map.

[Amended 5-8-2017 by Ord. No. 291]

The locations and boundaries of the areas classified within each of these zoning districts are set forth on the Zoning Map attached hereto and made a part hereof by this reference.[1] All notations, references, explanatory matter and other information on the Zoning Map are adopted and incorporated herein by this reference. The Zoning Map shall be kept on file for public inspection in the business office of the Borough.

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 165-17 Interpretation of district boundaries.

[Amended 5-8-2017 by Ord. No. 291]

The zoning district boundaries shall be shown on the Zoning Map with different colors and placement of the short names of the respective zoning districts within such boundaries to indicate the areas located within the various zoning districts. A legend provides the full name and definition of each district where uncertainty exists as to the precise location or extent of any zoning district:

A. Where district boundaries are indicated as approximately coinciding with the center lines of streets, ways, alleys, highways, railroad lines or streams, such center lines shall be construed to be such boundaries.

B. Where district boundaries are indicated as approximately coinciding with plotted lot lines, such lot lines shall be construed to be such boundaries, or where district boundaries are indicated as extensions of plotted lot lines or connections of the intersections of plotted lot lines, such lines shall be construed to be such boundaries.

C. Where district boundaries are indicated as approximately parallel to center lines of streets, alleys, ways, highways, railroad lines or streams, lot lines or other physical features, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map, provided that distances not indicated specifically on the Zoning Map shall be determined by measurement according to the scale of the Zoning Map.

D. Where physical or natural features existing on the ground are at variance with the district boundaries as shown on the Zoning Map or as interpreted pursuant to this section, the Zoning Hearing Board, upon application, shall interpret the district boundaries.

E. Where any land within the municipal boundaries of the Borough is shown on the Zoning Map with the color white, such as the land within paper streets, the land shall be interpreted as being within the immediately adjacent zoning district with which the subject land shares the majority of its property line.

§ 165-18 Purposes of districts.

(NOTE: See § 165-24, Tables of use regulations.)

A. Single-Family Residential Districts (R1, R2, RR1). The purpose of these districts is to combine the preservation of natural features and resources with low-intensity residential development suited to the natural conditions and rural character of portions of the Borough.

[Amended 12-11-2006 by Ord. No. 247]

B. Multifamily Residential Districts (R3, R4). It is the purpose of these districts to provide for a wider range of higher-intensity residential development in portions of the Borough with convenient and adequate access to major transportation thoroughfares.

[Amended 3-9-2020 by Ord. No. 302]

C. Mixed Use: Residential/Commercial District (M1). It is the purpose of this district to provide for a blend of commercial and residential uses with convenient and adequate access to major transportation thoroughfares.

[Amended 3-9-2020 by Ord. No. 302]

D. Mixed Use: Residential/Commercial/Light Industrial District (M2). It is the purpose of this district, in keeping with the increased access to major transportation thoroughfares, to provide for commercial and light industrial uses as well as for medium-intensity residential development appropriate to land adjacent to the M3 Zoning district, the Borough's only nonresidential zoning district.

[Amended 3-9-2020 by Ord. No. 302]

E. Mixed Use: Light Industrial/Heavy Industrial District (M3). It is the purpose of this district to provide for light industrial and heavy industrial uses on land with convenient and adequate access to major transportation thoroughfares, subject to all regulations necessary to ensure the health of air and nearby waterways, and the protection of nearby uses of the land from hazards, noise, and other radiated disturbances.

[Amended 6-13-2016 by Ord. No. 286; 3-9-2020 by Ord. No. 302]

F. (Reserved)[1]

[1] Editor's Note: Former Subsection F, Flood Plain Overlay District (FP), was repealed 9-8-2014 by Ord. No. 280.

G. Geologic Hazards Overlay District (GH). It is the purpose of this district to supplement the requirements of the general zoning districts wherever geologic hazards are found in order to prevent loss of health, life or property from landslides and other dangers.