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."
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]
[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.
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.
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.
ACCESSORY
(1)
(2)
ACCESSORY ANTENNA
ACRE
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(1)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADVERTISING SIGN
ALLEY
ALTERATIONS
AMENDMENT
ANIMAL HUSBANDRY
APPOINTING AUTHORITY
AREA
(1)
(2)
ARTERIAL STREETS
ATTIC
AUTOMOBILE RENTAL, SALES AND SERVICE
BASEMENT
BASIC GRADE
BED-AND-BREAKFAST
BOARDER
BOARDINGHOUSE
BOARD or ZONING HEARING BOARD
BOROUGH
BUFFER AREA
BUILDABLE AREA
BUILDING
(1)
(2)
BUILDING HEIGHT
BUILDING SETBACK LINE
BUILDING SPACING
BUS DEPOT
BUSINESS or PROFESSIONAL OFFICES
BUSINESS SIGN
CEMETERY
CHICKEN COOP or HENHOUSE
CHICKEN RUN OR PEN
CHURCH
COLLECTOR STREETS
COMMERCIAL RECREATION
COMMERCIAL SCHOOL
COMMERCIAL STABLE
COMMISSION or PLANNING COMMISSION
COMMON OPEN SPACE
COMMUNICATION TOWER
COMMUNITY CLUB
COMMUNITY CLUBHOUSE, PRIVATE
COMMUNITY SWIMMING POOL, PRIVATE
COMPREHENSIVE PLAN
CONDITIONAL USE
CONSTRUCTION
CONSTRUCTION BUSINESS
CONVENIENCE STORE
CONVERSION
COUNCIL
COUNTRY CLUB
CROP FARMING
CRYPTOCURRENCY MINING
DATA CENTER
DAY CARE CENTER
DAY-CARE FACILITY
DENSITY
(1)
(2)
(3)
DEVELOPER
DEVELOPMENT (LAND DEVELOPMENT)
DEVELOPMENT PLAN
DIRECTLY ILLUMINATED SIGN
DOMESTIC FOWL
DRIVE-THROUGH FACILITY
DRIVEWAY
DWELLING
DWELLING TYPES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DWELLING UNIT
EASEMENT
EMPLOYEE
ENERGY SOURCE OPERATIONS
ENTERTAINMENT
EROSION
ESCORT
ESCORT AGENCY
ESSENTIAL SERVICE
ESTABLISHMENT
(1)
(2)
(3)
(4)
FAMILY
FAMILY DAY-CARE HOME
FENCE
FENCE, TEMPORARY
FESTOON LIGHTING
FINANCIAL INSTITUTION
FLASHING SIGN
FLOOR AREA
FLOOR AREA RATIO
FREESTANDING SIGN
FRONT YARD DEPTH
FUNERAL HOME
GARAGE, PRIVATE
GASOLINE SERVICE STATION
GOVERNING BODY or BOROUGH COUNCIL
GREENHOUSE
HAZARDOUS MATERIAL
HOSPITAL
IMPERVIOUS SURFACE
INDIRECTLY ILLUMINATED SIGN
INDUSTRIAL PARK
INDUSTRY, HEAVY
INDUSTRY, LIGHT
INJECTION WELL
KENNEL
KNOWINGLY
(1)
(2)
LAKES AND PONDS
LAND DEVELOPMENT
LANDOWNER
LANDSLIDE SUSCEPTIBILITY
LICENSEE
LODGER
LOGGING
LOT
(1)
(2)
(3)
(4)
(5)
(6)
LOT LINES
(1)
(2)
(3)
MANUFACTURING
MEDICAL MARIJUANA
MEDICAL MARIJUANA ACT
MEDICAL MARIJUANA DISPENSARY
MEDICAL MARIJUANA GROWER/PROCESSOR
MOBILE HOME
MOBILE HOME PARK
MOTEL/HOTEL
MUNICIPAL AUTHORITY
MUNICIPAL or MUNICIPALITY
MUNICIPAL SEWAGE DISPOSAL SYSTEM
MPC
MUNICIPAL WATER SUPPLY
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONILLUMINATED SIGN
NUDE MODEL STUDIO
(1)
(2)
(3)
NUDITY or A STATE OF NUDITY
OBSTRUCTIONS
ONE-HUNDRED-YEAR-FLOOD
OFF-PREMISES SIGN
ON-PREMISES SIGN
PARALLEL SIGN
PARKING
(1)
(2)
PERSON
PERSON (when referring to a sexually oriented business)
PLANNED RESIDENTIAL DEVELOPMENT
POLITICAL SIGN
PRINCIPAL
(1)
(2)
PROJECTING SIGN
PERSONAL SERVICES
PRIVATE CLUB
PRIVATE STREET
PROJECTION
PUBLIC FACILITY
PUBLIC NOTICE
PUBLIC SOLID WASTE DISPOSAL SITE
RELIGIOUS WORSHIP, PLACE OF
REPAIR SHOP
RESEARCH AND DEVELOPMENT
RESTAURANT
RETAIL SALES
RIGHT-OF-WAY
(1)
(2)
ROOMER
SATELLITE DISH ANTENNA
SCHOOL, PUBLIC and PRIVATE
SCREENING
SEAT
SELF-STORAGE FACILITY
SEMINUDE or IN A SEMINUDE CONDITION
SERVICE BUSINESS
SERVER FARM
SEWER (SANITARY)
(1)
(2)
(3)
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SHOPPING CENTER
SIGN
SIGN AREA
SITE
SITE AREA
SITE PLAN
SLOPES
SOLICITOR
SPECIFIED ANATOMICAL AREAS
SPECIFIED CRIMINAL ACTIVITY
(1)
(a)
(b)
(c)
(2)
SPECIFIED SEXUAL ACTIVITIES
STORY
STREET
STREET LINE
STRUCTURE
(1)
(2)
SUBDIVISION
SWIMMING POOL
TAVERN, BAR or BOTTLE CLUB
TRANSFER OF OWNERSHIP or CONTROL
(1)
(2)
(3)
TRUCK DEPOT
TRUCK RENTAL, SALES AND SERVICES
TRUCK TERMINAL
USE
(1)
(2)
UTILITIES
VARIANCE
VEHICLE ACCESSORIES SALES AND INSTALLATION
VEHICLE REPAIR
VEHICLE SALVAGE YARD
VETERINARY SERVICES
VIEWING BOOTHS
WAREHOUSE
WHOLESALING
WIND ENERGY SYSTEM, HEIGHT OF THE
WIND ENERGY SYSTEM, PERSONAL
WIND ENERGY SYSTEM, RATED CAPACITY OF
WINDOW SIGN
WIND TURBINE
WOODLANDS
YARD
(1)
(2)
(3)
ZONING AND CODE ENFORCEMENT OFFICER
ZONING DISTRICT
ZONING OCCUPANCY PERMIT
ZONING PERMIT
The following definitions shall apply to this chapter:
ACCESSORY BUILDINGSee "building, accessory."
ACCESSORY USESee "use, accessory."
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.
Forty-three thousand five hundred sixty square feet.
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]
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]
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.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
[Added 3-8-1999 by Ord. No. 208]
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities.
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.
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]
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]
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.
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.
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.
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]
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.
The Bell Acres Borough Council.
LOT AREAThe 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.
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.
Streets providing traffic movements between traffic generation
areas.
That part of a building which is immediately below and wholly
or partly within the roof framing.
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]
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.
A reference plane representing the average of the finished
ground level adjoining a structure at all its exterior walls.
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]
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).
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."
The Bell Acres Borough Zoning Hearing Board.
The Borough of Bell Acres.
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.
That portion of a zoning lot bounded by the required front,
side and rear yards.
A structure under a roof, used for the shelter or enclosure
of persons, animals or property. The word "building" shall include
any part thereof.
BUILDING, ACCESSORYA 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]
BUILDING, PRINCIPALA building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
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.
The rear line of the minimum front yards, as herein designated
for each district, measured from the street line.
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.
Any area used for the purpose of parking, storing, or maintenance
of buses.
[Added 8-9-2010 by Ord. No. 260]
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]
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.
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]
A structure providing shelter for domestic fowl which is
completely enclosed.
[Added 8-9-2021 by Ord.
No. 307]
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]
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]
Streets providing connection primarily between regional streets
or regional and local streets.
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]
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]
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]
The Borough Planning Commission.
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.
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]
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]
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]
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]
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]
A use permitted in a particular zoning district pursuant to the provisions in Article X.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
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]
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]
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.
The governing body of the Bell Acres Borough.
A land area and buildings containing recreational facilities,
clubhouse and usual accessory, uses.
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]
See "data center."
[Added 3-13-2023 by Ord. No. 320]
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]
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]
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.
GROSS DENSITYThat ratio of the total number of dwelling units to the total acreage comprising a given parcel.
NET DENSITYThat 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.
See § 165-108 for density for planned residential development.
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.
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.
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.
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]
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]
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]
A minor vehicular way providing access between a street and
a parking area or garage within a lot or property.
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]
The following dwelling types are included in this chapter:
[Added 11-11-2002 by Ord. No. 226]
SINGLE-FAMILY DWELLINGA 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.
DUPLEXA 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]
APARTMENTA 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]
GROUP CARE FACILITYA 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.
PERSONAL CARE BOARDING HOMEA 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.
NURSING HOMEAn 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.
TOWNHOUSEA 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]
TRANSITIONAL DWELLINGA 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.
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]
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.
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]
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]
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.
The removal of surface materials by the action of natural
elements.
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]
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]
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]
Includes any of the following:
[Added 3-8-1999 by Ord. No. 208]
The opening or commencement of any sexually
oriented business as a new business.
The conversion of an existing business, whether
or not a sexually oriented business, or any sexually oriented business.
The addition of any sexually oriented business
to any other existing sexually oriented business or to a nonsexually
oriented business.
The relocation of any sexually oriented business.
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]
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]
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]
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]
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.
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]
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]See "area."
The ratio obtained when the gross floor area minus unoccupied
basement area is divided by the total lot area.
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.
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.
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]
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.
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.
The Borough Council of the Borough of Bell Acres.
The indoor raising of plants, shrubs and trees for sale and
transplantation.
[Added 11-11-2002 by Ord. No. 226][10]
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.
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]
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.
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.
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]
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]
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]
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]
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]
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]
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or person.
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.
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.
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.
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.
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.
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]
See "boarder."
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.
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."
LOT, AREASee "area."
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines.
DEPTH OF LOTThe 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.
LOT OF RECORDAny lot which individually or as part of a subdivision has been recorded in the office of the Recorder of Deeds of Allegheny County.
LOT WIDTHThe 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.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
Any boundary line of a lot.
LOT LINE, REARAny 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.
LOT LINE, FRONTSee "street line."
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line,.
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]
Marijuana for certified medical use as legally permitted
by the Medical Marijuana Act.
[Added 11-12-2018 by Ord.
No. 295]
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 11-12-2018 by Ord.
No. 295]
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]
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]
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.
A planned residential development which is to be occupied
by two or more mobile homes.
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]
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.).
Bell Acres Borough.
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.
The Pennsylvania Municipalities Planning Code, Act No. 247
of 1968, P.L. 805. (53 P.S. § 10101 et seq.)
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.
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.
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.
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.
A sign which is nonilluminated, either directly or indirectly.
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]
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.
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class.
Where no more than one nude or seminude model
is on the premises at any one time.
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]
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.
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).
A sign which directs attention to an activity not conducted
on the same lot.
A sign which directs attention to an activity conducted on
the same lot.
A sign mounted parallel to a wall or other vertical building
surface.
[Amended 8-9-2010 by Ord. No. 260]
PARKING AREA, PRIVATEAn 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.
PARKING AREA, PUBLIC OR PARKING LOT, PUBLICAn 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.
Includes a corporation, partnership, association or other
legal entity as well as an individual.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
[Added 3-8-1999 by Ord. No. 208]
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.
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 BUILDINGSee "building."
PRINCIPAL USESee "use."
Any sign mounted to a wall or other vertical building surface
other than a parallel sign.
A commercial establishment providing such personal services
as hairdressing and haircutting, clothes cleaning, laundering, shoe
repair, tailoring and the like.[11]
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]
A private way used or intended to be used for passage by
motor vehicles owned and maintained privately and not maintained by
the Borough.
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.
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]
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.
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]
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.
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]
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]
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]
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]
Land set aside for use as a street, alley or other means
of travel. With respect to use by utilities, see "easement."
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary as appropriate to provided adequate width for future street improvements.
See "boarder."
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."
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]
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.
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.
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]
The state of dress in which the clothing partially or nonopaquely
covers specified anatomical areas.
[Added 3-8-1999 by Ord. No. 208]
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]
See "data center."
[Added 3-13-2023 by Ord. No. 320]
PUBLIC SEWER SYSTEMAny 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.
PRIVATE SEWER SYSTEMAny 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."
PRIVATE SEWAGE DISPOSALAn 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.
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]
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]
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]
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.
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]
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into one or more lots.
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.
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.
Areas where the average slope exceeds 8%, which are subject
because of the slope to high rates of stormwater runoff and, therefore,
erosion.
The Solicitor of the Borough of Bell Acres.
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]
Any of the following offenses:
[Added 3-8-1999 by Ord. No. 208]
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:
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;
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
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.
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.
Any of the following:
[Added 3-8-1999 by Ord. No. 208]
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.
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.
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.
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]
STRUCTURE, ACCESSORYA 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.
STRUCTURE, PRINCIPALA structure in which is conducted, or is intended to be conducted, the principal use of the lot in which it is intended.
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.
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.
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]
Of a sexually oriented business, includes any of the following:
[Added 3-8-1999 by Ord. No. 208]
The sale, lease or sublease of the business.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means.
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.
Any area used for the purpose of parking, storing, or maintenance
of trucks.
[Added 8-9-2010 by Ord. No. 260]
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]
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]
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.
USE, ACCESSORYA 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]
USE, PRINCIPALThe main use on a lot.
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).
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]
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]
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]
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]
A facility where animals are treated by a licensed veterinarian
but are not boarded.
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]
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]
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]
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]
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]
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]
Any business sign which is oriented to the public right-of-way
and is attached to the outside or inside of a window.
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]
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.
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.
YARD, FRONTA 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.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA 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.
The person designated to administer and enforce this chapter.
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.
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.
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.
A diagram illustrating the area and bulk regulation
terms is located at the end of this chapter.
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.
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.
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.
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.
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.
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.
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.
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.
[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
|
[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.
[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.
(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]
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.