[Ord. 984, 12/14/2015]
The following words and phrases shall have the particular meaning
specified for the purpose of interpreting this chapter:
ACCESS
A means of providing vehicular or pedestrian ingress and
egress to and from a property.
ACCESSORY USE OR STRUCTURE
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and that may occupy a separate structure
and/or area on or in the ground, including, but not limited to, storage
sheds or other storage structures, off-street parking, signs, off-street
loading, gazebos, children's playhouses, greenhouses for personal
use, garages, carports, swimming pools, decks, fences, patios, walls,
antennas and similar structures.
ADJACENT; ADJOINING
Sharing common property lines uninterrupted by any alley,
public street or private street right-of-way.
ADULT ARCADE
Any place where the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time and where the images displayed are sexually
explicit or depict nudity or sexual conduct, as defined herein.
ADULT BOOKSTORE OR VIDEO STORE
An establishment having a substantial or significant portion
of its stock in trade, including, but not limited to, videocassettes,
movies, books, magazines and other periodicals, which is distinguished
or characterized by its emphasis on matters depicting, describing
or relating to nudity or sexual conduct, as defined herein, or an
establishment with a segment or section devoted to the sale or display
of such material.
ADULT BUSINESS
Any of the following uses, as defined herein: adult arcade,
adult bookstore or video store, adult novelty store, adult live theater,
adult mini motion-picture theater, adult motion-picture theater, adult
motel, adult newsrack, adult nightclub, bathhouse, body-painting studio,
escort service, massage parlor, nude model studio or sexual encounter
or meditation center, and any other use of a premises, not specifically
defined herein, that includes or primarily offers to its patrons or
members retail goods, commercial services or entertainment that is
characterized by an emphasis on matter or activities depicting, describing
or relating to nudity or sexual conduct, as defined herein.
ADULT ENTERTAINMENT
Movies, videos, still or motion pictures, photographs, slides,
films or other visual representation, books, magazines or other printed
material or live dramatic, musical or dance performances that are
sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATER
Any commercial establishment which features live shows for
public viewing in which all or some of the performers are displaying
nudity or engaging in sexual conduct, as defined herein.
ADULT MINI MOTION-PICTURE THEATER
A completely enclosed building, as defined herein, with a
capacity for accommodating 50 or more persons, used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual conduct or nudity, as defined herein.
ADULT MOTEL
A hotel or motel presenting adult motion pictures by means
of closed-circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
A completely enclosed building, as defined herein, with a
capacity for accommodating 50 or more persons used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to nudity or sexual conduct, as defined herein,
for observation by patrons therein.
ADULT NEWSRACK
Any coin-operated machine or device that dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
ADULT NIGHTCLUB
Any nightclub, as defined herein, that offers adult entertainment,
as defined herein.
ADULT NOVELTY STORE
Any commercial establishment offering one or more of the
following items for sale to the general public: apparel, accessories
and performance aids used to enhance or participate in sexual conduct.
ADULT THEATER
A theater (live, motion-picture or mini motion-picture),
tavern, banquet hall, party room, conference center, restaurant, nightclub,
hall, auditorium, club, recreation center, indoor entertainment center
or other commercial establishment that, as one of its principal business
purposes, offers adult entertainment.
ADULT VIDEO STORE
Any commercial establishment where more than 5% of the inventory
offered for sale or rental to the public consists of films, tapes,
DVDs or other visual media that depict nudity or sexual conduct.
AISLE
A paved area of a minimum width specified by this chapter
that provides direct access to one or two rows of parking spaces and
connects those parking spaces with the driveways that provide circulation
through a parking area.
ALLEY
A permanent service way providing secondary means of access
to abutting lands.
ALTERATIONS
All incidental changes in or replacement of the parts of
a building or other structure; enlargements, whether by extending
on a side or by increasing the height; or the moving from one location
to another.
APARTMENT
See Subsection C, "multifamily dwelling," under "dwelling
types."
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including, but not limited to, an application for zoning approval
of a development plan. Every application for development must include
the form designated by the Borough Manager and all other plans and
information required by the Code of the Borough.
ARCHITECT
A registered professional architect licensed as such by the
Commonwealth of Pennsylvania.
ASSISTED LIVING FACILITY
A residential building or group of buildings designed to
provide multifamily dwelling units for elderly or physically or mentally
disabled persons who are independently mobile and are not in need
of the level of service provided by a personal care home but that
provides on-site supervision and assistance available to the residents
on an occasional, "as-needed" basis, and where at least one meal each
day is provided in a common dining area and that includes certain
design features associated with the needs of the elderly that are
not customary in the construction of conventional dwelling units,
such as emergency call systems, handicapped facilities, common dining
facilities, common laundry facilities, minimal housekeeping services,
common leisure and recreational facilities, transportation services
and similar supporting services for the convenience of the residents.
AUTOMOBILE SERVICE STATION
A retail establishment that provides for one or more of the
following activities:
A.
The servicing of motor vehicles and operations incidental thereto
and limited to the retail sale of petroleum products and that may
include one or more of the following activities: retail sales and
installation of automotive accessories; automobile washing by hand;
undercoating and rustproofing; waxing and polishing of automobiles;
tire changing and repairing (excluding recapping); battery service,
changing and replacement, excluding repair and rebuilding; radiator
cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; and state inspection; and/or
B.
The following operations, if conducted within a completely enclosed
building, as defined by this chapter: lubrication of motor vehicles;
replacement of exhaust systems; brake servicing limited to servicing
and replacement of brake cylinders, lines and brake shoes; wheel balancing;
the testing, adjustment and replacement or servicing of carburetors,
filters, generators, points, rotors, spark plugs, voltage regulators,
water and fuel pumps, water hoses and wiring; and/or
C.
The operation of a convenience store, as herein defined, provided
that retail sales of petroleum products is a part of the operation.
BAKERY
A retail establishment that sells baked goods and confections
to businesses and the general public and that may involve on-site
processing of the goods offered for sale on the premises, but which
shall not include on-site processing of goods for delivery to other
retail or wholesale outlets.
BASEMENT OR CELLAR
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 1/3 of the perimeter walls
are five feet or more above the average exterior grades. (No basement
or cellar in a dwelling may contain a separate housekeeping unit with
kitchen and sleeping facilities.)
BATHHOUSE
An establishment that provides baths of all kinds, including
methods of hydrotherapy involving nudity or sexual conduct, but not
including hydrotherapy treatment practiced by or under the supervision
of a medical practitioner, such as a medical doctor, physician, chiropractor
or similar professional licensed by the Commonwealth of Pennsylvania.
BED-AND-BREAKFAST
A dwelling which may or may not be the principal residence
of the operator where sleeping rooms are offered to transient overnight
guests for compensation and where the only meal included with the
overnight accommodations is breakfast.
BED-AND-BREAKFAST INN
A dwelling which is not the principal residence of the operator
where sleeping rooms are offered to transient overnight guests for
compensation and where breakfast is included with the overnight accommodations
and where other meals may be served or provided to the guests and
the general public.
BEVERAGE DISTRIBUTOR
An establishment, licensed by the commonwealth for retail
and wholesale sales by the case to businesses and the general public
of beer and other malt beverages, soft drinks and snacks, but not
including the sale of wine or liquor.
BILLBOARD
Any off-premises sign with a changeable or permanent advertising
face that advertises an establishment, person, activity, product or
service that is unrelated to or not available on the premises on which
the sign is located.
BOARD
The Zoning Hearing Board of the Borough of Bridgeville.
BODY-PAINTING STUDIO
Any establishment that provides the service of applying paint
or other substance, whether transparent or nontransparent, to or on
the human body in a state of nudity, as defined herein.
BOROUGH
The Borough of Bridgeville, Allegheny County, Commonwealth
of Pennsylvania.
BUFFER AREA
A landscaped area of a certain depth specified by this chapter
which is planted and maintained in shrubs, bushes, trees, grass, or
other landscaping material which meets the standard of providing a
compact year-round visual screen at least six feet in height and within
which no structure or building is permitted except a wall or fence.
BUILDING
Any structure having enclosing walls and roofs and having
a permanent location on the land intended for the shelter, housing
and/or enclosure of persons, animals or other property. (See also
"completely enclosed building.")
BUILDING FOOTPRINT
The area of the lot expressed in square feet that is covered
by the ground floor of a building, measured between exterior faces
of walls. If the floor area of any upper floor exceeds the floor area
of the ground floor by more than 10%, the upper floor shall be used
to determine the building footprint.
BUILDING LINE, FRONT
A line parallel to or concentric with the front lot line,
the minimum measurement of which is the front yard depth required
by this chapter. (See also "building setback line.")
BUILDING PERMIT
A permit issued by the Borough Building Inspector pursuant
to the authority granted by and in conformance with the requirements
of the Uniform Construction Code (UCC).
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent street right-of-way or property line, the minimum
measurement of which is the yard depth required by this chapter.
BULK
The volume of a building or structure indicating the total
space enclosed by the exterior walls and roof.
BUSINESS OR PROFESSIONAL OFFICES
Any office of recognized professions, other than medical,
such as 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.
(See also "medical offices" and "medical clinic.")
BUSINESS SERVICES
Establishments engaged in providing services to business
offices on a fee or contract basis, including, but not limited to,
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services, but not including
the rental, sale or repair of vehicles or heavy equipment.
CAR WASH
A facility, whether automatic, semiautomatic or manual, where
the principal use is washing and polishing vehicles.
CARPORT
An attached or detached structure to house or protect motor
vehicles that is open to the weather for at least 40% of the total
area of its sides.
CARTWAY
That portion of the street right-of-way that is surfaced
for vehicular use, excluding curbs and shoulders.
CELLAR
See "basement or cellar."
CEMETERY
Property used for the interring of dead persons or domestic
pets, including mausoleums, columbariums, crematories and funeral
homes when operated in conjunction with and within the boundaries
of the cemetery.
CERTIFICATE OF OCCUPANCY
A document issued by the Zoning Officer indicating that a
premises for which a zoning compliance certificate has been issued
is ready for occupancy and is in compliance with the provisions of
this chapter.
CHANGE IN USE OR OCCUPANCY
The discontinuance of a use of a building or lot followed
by the establishment of a different use whether by the same owner
or tenant or by a new owner or tenant.
CHECK CASHING FACILITY
A business establishment, other than a financial institution,
as defined herein, where the principal use is exchanging checks written
to individuals for cash and/or offering cash advances or short-term
loans against anticipated paychecks.
CHURCH
A building or buildings, other than a dwelling, used primarily
as a place of worship on a regular basis by a religious denomination,
that may also include, as accessory uses, rooms for religious education,
social and recreational activities and administrative offices, rectories,
parsonages, convents, preschool programs and elderly or child day-care
centers.
CLEAR SIGHT TRIANGLE
A triangular area of unobstructed vision at the intersection
of two streets or of a driveway and a street defined by line of sight
a given distance from the intersection of the center lines of two
streets or the center lines of the driveway and the street. (See the
illustration in Appendix A.)
CLINIC
See "medical office/clinic."
COMMERCIAL
A business, enterprise, activity or other undertaking engaged
in for a profit.
COMMERCIAL GREENHOUSE
A retail business that sells flowers, plants, shrubs, trees
and other natural flora and products that aid their growth and care
and that may include a greenhouse and/or the growing of plant material
outside on the lot.
COMMERCIAL VEHICLE
A motor vehicle licensed by the Department of Transportation,
Commonwealth of Pennsylvania, having a gross vehicle weight in excess
of 10,000 pounds; or any other vehicle, either motorized, self-propelled
or designed to be towed by another vehicle, for use in commercial
or industrial enterprises, such as air compressors, welding units
and the like; or any and all earthmoving equipment, such as bulldozers,
hi-lifts, backhoes, ditching equipment and the like.
COMMON AREA
That area in a subdivision, including common open space,
owned or leased and maintained by an association or other combination
of persons for the benefit of the residents of the development and,
if owned under the Pennsylvania Unit Property Act, including all common elements designated for the use of
all dwelling unit owners.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas that may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
COMMUNITY CLUB
An 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.
COMPARABLE USE NOT SPECIFICALLY LISTED
A use which is not specifically listed in a particular zoning
district but which is determined by the Zoning Hearing Board in accordance
with the express standards and criteria set forth in this chapter
to be similar in characteristics and impacts to another use which
is specifically listed in the same zoning district as a permitted
use, conditional use or use by special exception.
COMPLETELY ENCLOSED BUILDING
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors that are designed so that they
may be kept closed and any other small openings required for the ventilation
system.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Borough which guides the physical
development of the Borough and which consists of maps, charts and
textual matter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.
CONDITIONAL USE
A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and Part
6 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
CONSTRUCTION TRAILER, TEMPORARY
A structure designed, used or constructed to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
CONTRACTING BUSINESS
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and that may include the storage of
materials, equipment and vehicles, provided that all materials, equipment
and vehicles are stored within a completely enclosed building, as
defined herein.
CONTRACTOR'S YARD
An establishment that may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis but that involves the outdoor storage of all or part of the
materials, equipment or vehicles used in the business.
COUNCIL
The Borough Council of the Borough of Bridgeville, Allegheny
County, Pennsylvania.
COUNTY
The County of Allegheny, Commonwealth of Pennsylvania.
CREMATORIUM
An establishment containing a furnace designed to cremate
or reduce to ashes human remains of the deceased.
CUTOFF ANGLE
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted. (See Appendix B.)
DAY SPA
A business establishment which provides one or more of the
following services to customers who do not stay overnight on the premises:
massage therapy, facials, body wraps, tanning, steam or sauna baths,
herbal treatments, hair styling, manicure, pedicure, nutritional counseling,
Yoga, exercise, aromatherapy, reflexology and relaxation therapy.
DAY-CARE CENTER
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care during
part of a twenty-four-hour-day of children under the age of 16 or
individuals with disabilities or elderly individuals 60 years of age
or older.
DECIDUOUS TREE
Any of a number of tree species that lose their leaves seasonally.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district where the Borough
lies.
DECK OR PATIO
Any uncovered outdoor living area, without a roof, in excess
of 24 square feet constructed on or above the surface of the ground.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
B.
The Zoning Hearing Board.
C.
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision or preliminary or final
plans under the Subdivision and Land Development Ordinance. Determinations shall be appealable only to the boards
designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, or 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
Any man-made change to improved or unimproved real estate,
including, but not limited to, construction; the placement of mobile
homes, streets and other paving utilities; filling, grading and excavation;
mining; dredging; drilling operations; storage of equipment or materials;
and the subdivision of land.
DEVELOPMENT PLAN
The provisions for development, including 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 areas, common open space and public facilities. The
phrase "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
DIRECT VEHICULAR ACCESS
A curb cut on or a private driveway leading directly to a
public street right-of-way. In the case of the requirement for direct
vehicular access to an arterial or collector street, the point of
access shall be onto the arterial or collector street without traversing
any other public street right-of-way.
DISABILITY
"Handicap" as defined by the Fair Housing Act, 42 U.S.C.
§ 3601 et seq.
DISSEMINATE
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the
same.
DISTANCE BETWEEN BUILDINGS
The minimum spacing between two buildings on the same lot,
measured from the outermost wall or projection, excluding bay windows,
chimneys, flues, columns, ornamental features, cornices and gutters
that project beyond the wall of the building no more than two feet.
DOMESTIC PETS
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure, including, but not limited to, dogs
and cats, provided that there is not a sufficient number to constitute
a kennel, as herein defined; hamsters, parakeets or canaries and similar
small animals or birds, but not including any exotic animals such
as lions, tigers, bears, ocelots or other feral cats or poisonous
snakes, alligators, monkeys or other animals normally found in a zoo;
nor any horses, pigs, chickens or other fowl or livestock customarily
found on a farm.
DRIVE-THROUGH FACILITY
Any principal use or accessory use that 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.
DRIVEWAY
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
DWELLING
A residential building designed exclusively as living quarters
for one or more families, including single-family, two-family and
multifamily dwellings, but not including hotels, motels or personal
care boarding homes.
DWELLING TYPES
The following dwelling types are included in this chapter:
A.
SINGLE-FAMILY DWELLINGA residential building containing only one dwelling unit that is the only principal structure on the lot and is surrounded on all sides by open space.
B.
TWO-FAMILY DWELLINGA residential building that 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, including double houses and duplexes.
C.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units, including townhouses, garden apartments, midrise apartments and high-rise apartments.
D.
MODULAR DWELLINGA factory fabricated single-family dwelling that is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together. Such dwellings shall be certified as meeting the minimum standards for manufactured housing in Pennsylvania. Modular dwellings shall be permitted wherever single-family dwellings are allowed, provided that they are installed on a permanent foundation and connected to all available utilities.
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.
EASEMENT
A grant of one or more property rights by the property owner
to and for use by the public, a utility, a corporation or any other
person, for access, utilities, slope or other purposes in which no
permanent structure shall be erected.
EATING AND DRINKING ESTABLISHMENT
Retail businesses selling food and/or drink for consumption
on the premises, including bars or taverns, fast service restaurants
and full service restaurants.
EDUCATIONAL STUDIO
An establishment that provides training to individuals or
groups in specialized recreational activities or avocations, including,
but not limited to, dance, gymnastics, martial arts, photography,
music, arts and crafts and similar pursuits.
EFFECTIVE DATE
The date on which this chapter is duly adopted by Borough
Council or as specified in the chapter so adopted.
ENGINEER
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in size of another structure, or an increase in that portion
of a tract of land occupied by an existing use.
EQUIPMENT STORAGE YARD
An area of land devoted to the storage, whether temporary
or permanent, of construction equipment, farm equipment or other heavy
equipment or vehicles in excess of 26,000 pounds GVW.
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.
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.
ESCORT SERVICE
A business that provides a service by appointment or upon
request where individuals leave one premises and go to another premises
for a specified period of time for the purpose of engaging in nudity
or sexual conduct, as defined herein.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution,
collection, communication, supply or disposal systems. The term shall
not include a communications tower, communications antenna or communications
equipment cabinet, which are separately defined and regulated by this
chapter.
ESTABLISH AN ADULT BUSINESS
Includes any of the following:
A.
The opening or commencement of any adult business as a new business;
B.
The conversion of an existing business, whether or not an adult
business, to any adult business;
C.
The addition or change of any adult business to any other existing
adult business or to a non-adult business; or
D.
The relocation of any adult business.
FAMILY
A.
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit, or not more
than eight persons living together in a group living arrangement with
supervision, provided that the group living arrangement meets all
of the following criteria:
A.
It provides nonroutine support services, including supervision,
personal care, social or counseling services, and transportation,
to persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution, because of physical
disability, old age, mental retardation, or other "handicap" or "disability,"
as defined by the Fair Housing Amendments Act or the Americans With
Disabilities Act.
B.
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life.
C.
It does not involve the housing of persons on a transient basis.
D.
It does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court or agency to be a danger
to society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of corrections or similar institution.
B.
Family shall not include persons living together in a group
care facility, personal care boarding home or transitional dwelling,
as defined herein, or any other supervised group living arrangement
for persons not protected by the Fair Housing Act or for any persons
who constitute a direct threat to others or their physical property.
FAMILY DAY-CARE HOME
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling
in which the operator resides, 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 and shall meet all applicable requirements
for a home occupation.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured or natural material or combination
of materials erected for the enclosure of land and/or dividing one
area of land from another. This definition shall not include retaining
walls that are designed and approved in accordance with the Uniform
Construction Code (UCC).
FINANCIAL INSTITUTION
A bank, savings-and-loan association or similar institution
that lends money or is engaged in a finance-related business, excluding
check cashing facilities, as defined herein.
FINANCIAL SECURITY
Surety, in a form acceptable to the Borough Solicitor, in
the form of cash, a certified check or irrevocable letter of credit
or escrow account or set-aside agreement from a federal or commonwealth
chartered lending institution, or a corporate performance bond or
a labor and material payment bond from a surety company authorized
to conduct business in the commonwealth, which may be classified as
the following:
A.
IMPROVEMENT SECURITYA financial security which guarantees the satisfactory completion of improvements required by this chapter.
B.
MAINTENANCE SECURITYA financial security which guarantees the structural functioning and integrity of improvements required by this chapter for a specified period after their completion and acceptance by the Borough.
FIRE AND EMERGENCY MEDICAL SERVICES
Facilities owned and operated by a public agency or nonprofit
corporation used for the storage of fire trucks, firefighting equipment,
ambulances and other emergency medical equipment and for the training
of firefighters, paramedics and other medical rescue personnel and
that may or may not include offices, meeting rooms, exercise rooms,
sleeping quarters for the employees and volunteers, kitchen facilities
and a social hall.
FLOODPLAIN
Areas adjoining any rivers, streams, ponds or lakes subject
to the one-hundred-year-recurrence-interval flood as delineated by
the U.S. Army Corps of Engineers or subject to erosion caused by a
one-hundred-year-recurrence-interval flood, as well as any areas identified
in the future by anyone else expert and experienced in the preparation
of hydrological studies and the determination of flood lines subject
to the review and approval of a professional engineer selected by
the Borough. (See also "identified floodplain area.")
FLOOR AREA, GROSS
The sum of all the horizontal floor areas of a building,
measured between exterior faces of walls.
FLOOR AREA, HABITABLE
The total floor area of all rooms in a dwelling excluding
laundry, kitchen, bathrooms, closets, pantries or other storage areas,
hallways, garage and basement recreation areas.
FLOOR AREA, NET
The total floor area of a building designed for tenant occupancy,
or areas accessible to the customers, clients or general public, but
excluding storage areas, equipment rooms, food preparation areas in
a restaurant and common areas such as halls, corridors, stairwells,
elevator shafts, restrooms, interior vehicular parking and loading
areas and similar common areas, expressed in square feet and measured
from the center line of joint partitions and exteriors of outside
walls.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes which does not involve any land development.
FUNERAL HOME
A building used for the embalming of the deceased for burial,
the display of the deceased and ceremonies connected therewith before
burial or cremation and which may include a crematorium as an accessory
use.
GARAGE, PRIVATE
An accessory building or a portion of the principal building,
not accessible to the general public, used for the shelter and storage
of private vehicles and personal property of the occupants of the
principal building.
GARAGE, PUBLIC PARKING
A parking area that is located in a building or parking structure
that is the principal use on the lot and that may be operated by either
a public agency or private entity, whether for profit or not, and
that is available for use by the general public, usually for a fee.
GARAGE, VEHICLE REPAIR
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and the 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.
GOVERNING BODY
The Borough Council, Bridgeville Borough, Allegheny County,
Pennsylvania.
GRADING PERMIT
A permit for activities regulated under Chapter
9 of the Code of Ordinances of the Borough entitled "Grading and Excavating."
GROUP CARE FACILITY
A dwelling or other premises used as a supervised long-term
group living arrangement licensed by the commonwealth for any of the
following:
A.
Persons who do not meet the definition of mentally or physically
handicapped provided in the Fair Housing Amendments Act or the Americans
With Disabilities Act, excluding those regulated by the definition
of "transitional dwelling."
B.
Persons who do meet the definition of mentally or physically
handicapped provided in the Fair Housing Amendments Act or the Americans
With Disabilities Act living in an institutional setting and not maintaining
a common household.
C.
Persons who, whether handicapped or not, are criminal offenders,
juvenile offenders or delinquents or who have been found by any governmental
tribunal, court or agency to be a danger to society or who are under
the jurisdiction of the criminal justice system, a governmental bureau
of corrections or similar agency or institution.
HALF STORY
A story with a cubic content of not more than 50% of the
cubic content of the first, or ground, story of the building.
HAZARDOUS MATERIALS
Any material designated as a hazardous material under the
terms and provisions of the Pennsylvania Solid Waste Management Act
of 1980 and/or any regulations promulgated thereunder by the Pennsylvania
Department of Environmental Protection (PA DEP) and designated as
"hazardous materials."
HEIGHT OF BUILDING
The vertical distance measured from the average elevation
of the proposed finished grades at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs, provided that chimneys, spires, towers, mechanical
penthouses, tanks, and similar projections of the building not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
HEIGHT OF SIGN
The vertical distance measured from the average elevation
of the finished grade around the sign to the highest point on the
sign and its supporting structure, including the foundation of the
sign, if it is elevated above the ground level.
HEIGHT OF STRUCTURE
For structures other than buildings or signs, the vertical
distance measured from the average elevation of the finished grade
around the structure to the highest point on the structure.
HIGH-TECHNOLOGY INDUSTRIES
The assembly of component parts or the production of finished
products, excluding any process that involves toxic or highly volatile
substances, including computer components and accessories; electrical
parts, accessories and equipment; laboratory apparatus; robotics;
optical instruments; precision instruments; surgical, medical and
dental instruments and supplies; timers and timepieces; search detection
and navigational equipment; musical instruments and photographic equipment
and accessories.
HOME OCCUPATION
A business or commercial activity that does not meet the
definition of a "no-impact home-based business" conducted as an accessory
use entirely within a dwelling by the residents thereof, which use
is clearly secondary to the use of the dwelling for living purposes
and does not, in any way, change the character of the dwelling.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use of a dwelling
for residential purposes and that involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pickup, delivery
or removal functions to or from the premises in excess of those normally
associated with residential use.
HOSPITAL
A facility licensed by the commonwealth for the short-term
care, including ambulatory care, of human persons suffering from physical
or mental illnesses, but not including narcotics addiction caused
by the current or illegal use of a controlled substance or those whose
presence would constitute a direct threat to the health or safety
of other individuals or whose presence would result in substantial
physical damage to the property of others where there are not reasonable
means to accommodate the disability that would eliminate any direct
threat, and which may or may not include facilities for major surgery
and which may be publicly or privately operated.
HOTEL
See "motel or hotel."
IMPERVIOUS MATERIAL
Surfacing material with a coefficient of runoff greater than
0.85, applied to parking areas, driveways, streets, sidewalks and
areas paved in concrete and asphalt and any other areas determined
by the Borough Engineer to be impervious within the meaning of this
definition.
IMPROVEMENTS, PRIVATE
All improvements to be owned, maintained or operated by a private entity such as an individual, corporation or homeowners' association, including roads, streets, walkways, parking areas, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping, lighting, traffic control devices and other facilities for which plans and specifications must comply with the minimum requirements of Chapter
22 of the Code of Ordinances of the Borough, "Subdivision and Land Development," and/or conditions attached to the granting of zoning approval or conditional use approval, including temporary erosion and sedimentation control and stormwater management control methods undertaken during construction.
IMPROVEMENTS, PUBLIC
All roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, streetlighting, traffic control devices and other facilities to be dedicated to or maintained by the Borough for which plans and specifications must comply with the minimum requirements of Chapter
22 of the Code of Ordinances of the Borough, "Subdivision and Land Development."
INDEPENDENT LIVING FACILITY
A residential building or group of buildings designed to
provide housing for elderly or senior citizens, who are independently
mobile and not in need of supervision, but that includes certain design
features associated with the needs of elderly or senior citizens not
customary in the construction of conventional multifamily dwellings,
such as emergency call systems, handicapped facilities, minimal housekeeping
and laundry services, common leisure and recreational services, personal
services (beauty shop or barbershop or cleaner's valet), transportation
services and similar support services for the convenience of the residents.
INDOOR ENTERTAINMENT
A commercial establishment located within a completely enclosed
building, as defined by this chapter, where customers or patrons engage
in nonathletic leisure activities as spectators or participants, including,
but not limited to, theaters (live and motion picture), arenas, virtual
reality and simulation gaming parlors, video arcades, dance halls
and similar facilities, but excluding any adult business, as defined
herein.
JUNKYARD
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including, but not limited to, waste papers, rags, metal,
building materials, house furnishings, machinery, vehicles, or parts
thereof, with or without the dismantling, processing, salvage, sale
or other use or disposition of the same. A salvor yard or establishment
which recycles parts for vehicles or machinery shall be deemed to
be included in the definition of "junkyard." The deposit or storage
on a lot of one or more unlicensed or currently uninspected, wrecked
or disabled vehicles, or the major part thereof, also shall be deemed
to constitute a junkyard.
KENNEL
An establishment within a completely enclosed building, licensed
by the Pennsylvania Department of Agriculture for the boarding, breeding
or training of domestic pets for compensation.
KNOWING
Having general knowledge of, or reason to know or a belief
or grounds for belief, which warrants further inspection or inquiry
of the character and content of any material described therein which
is reasonably susceptible of examination by the defendant.
LAND DEVELOPMENT
Land development as defined in Chapter
22 of the Code of Ordinances of the Borough, entitled, "Subdivision and Land Development."
LAND DEVELOPMENT PLAN
A plan prepared in accordance with the application requirements
of the Borough Subdivision and Land Development Ordinance for approval
of a land development, as defined herein.
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.
LANDSCAPE ARCHITECT
A registered professional landscape architect licensed as
such by the Commonwealth of Pennsylvania.
LANDSCAPING CONTRACTOR
A retail business that includes the growing and/or selling
of flowers, plants, trees, shrubs and other natural flora and the
products that aid their growth and care and that may include one or
more of the following activities as accessory uses only: storage of
decorative landscaping materials such as landscaping ties, decorative
rocks, marble chips, sandstone or limestone chips; storage of mulch,
reddog, sand or gravel to be used in landscaping; and/or shredding,
screening or storage of topsoil.
LANDSCAPING PLAN
A plan prepared by a person knowledgeable in the characteristics
of plant materials and the proper techniques for installing and maintaining
them, including a registered architect or landscape architect or a
member of the American Nurserymen's Association, identifying
each tree and shrub by size, type and scientific name; the location
of each, including a planting diagram; and such other diagrams or
reports as are necessary to show the method of planting, staking and
mulching, grass seeding specifications and mixtures and existing trees
to be preserved, if any.
LAUNDROMAT
A retail business equipped with a number of individual clothes
washing machines and clothes dryers and that may include individual
dry cleaning machines for use by the general public, excluding laundry
facilities provided as an accessory use in a multifamily residential
building.
LEASABLE AREA, GROSS
The floor area of a building excluding floors outside dock
service areas, boiler (HVAC system) rooms, freight tunnels or corridors,
elevator shafts and stairways, public restrooms, public lobbies, common
mall areas, atriums and courtyards provided solely for pedestrian
access to the building from the exterior or primarily intended for
aesthetic enhancement or natural lighting purposes.
LOADING BERTH
An area within a principal building or on the same lot with
the principal building designed in accordance with the requirements
of this chapter and used for the standing, loading or unloading of
tractor-trailer trucks and other vehicles.
LOT
A designated parcel, tract or area of land established by
a plat or described in a deed or other instrument recorded pursuant
to the laws of the commonwealth to be used, developed or built upon
as a unit.
LOT AREA
The total area of a lot or site measured on a horizontal
plane between the front, side and rear lot lines, excluding any street
rights-of-way.
LOT COVERAGE
That percentage of the lot area covered by all principal
and accessory structures on a lot.
LOT FRONTAGE
That portion of the lot that adjoins the street right-of-way
or through which access is provided to a public street.
LOT LINE, FRONT
That lot line which is contiguous with the street right-of-way
line or in the case where the lot line is contiguous with the street
center line, the front lot line shall be considered to be coterminous
with the street right-of-way line. In the case of a lot which has
no frontage on a street, the front lot line shall be the lot line
through which vehicular access is provided, regardless of which way
the dwelling faces.
LOT LINE, REAR
The line generally parallel to the front lot line, which
defines the rear of the lot.
LOT LINE, SIDE
Any lot line that is not a front lot line or rear lot line.
LOT LINES
The lines that bound a lot and separate it from the street
and adjacent properties.
LOT OF RECORD
Any lot that, individually or as part of a subdivision, has
been recorded in the Office of the Recorder of Deeds of Allegheny
County, Pennsylvania.
LOT WIDTH
The horizontal distance between side lot lines measured along
the front building line.
LOT, CORNER
A lot at the intersection of and fronting on two or more
street rights-of-way.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines.
LOT, THROUGH
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
MANUFACTURING, HEAVY
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials or any manufacturing
process not included in the definition of "light manufacturing" or
"high-technology industries."
MANUFACTURING, LIGHT
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibrations, air pollution,
fire hazard, or noxious emission which will disturb or endanger neighboring
properties. Light manufacturing includes the production of the following
goods: home appliances, electrical instruments, office machines, precision
instruments, electronic devices, timepieces, jewelry, optical goods,
musical instruments, novelties, wood products, printed materials,
lithographic plates, type composition, machine tools, dies and gauges,
ceramics, apparel, lightweight, nonferrous metal castings, film processing,
light sheet metal products, plastic goods, pharmaceutical goods and
food products, but not including animal slaughtering, curing, nor
rendering of fats.
MEDIATION
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
that the parties themselves create and consider acceptable.
MEDICAL CLINIC
An establishment or office where human patients are examined,
diagnosed and treated by doctors or dentists but not hospitalized
overnight. A clinic shall consist of offices for members of the medical
staff of the clinic and a series of treatment rooms, including recovery
rooms.
MINI WAREHOUSE OR SELF-STORAGE FACILITY
A building or group of buildings consisting of individual
self-contained, self-service storage spaces, where each unit is not
greater than 500 square feet and the units are rented for the storage
of business and household goods.
MINOR
Any person under the age of 18 years of age.
MIXED-USE (RESIDENTIAL/NONRESIDENTIAL)
A building or development that combines residential, commercial,
cultural, institutional, or industrial uses, where those functions
are physically and functionally integrated, and that provides pedestrian
connections.
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, that 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.
MOTEL OR HOTEL
An establishment that offers transient overnight lodging
accommodations, including extended stays, to the general public and
that also may provide additional supporting services such as restaurants,
meeting rooms, recreation facilities and living quarters for a resident
manager or proprietor.
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."
NONCONFORMING LOT
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter, but that fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING SIGN
Any lawful sign which does not conform to the applicable
sign regulations of the district in which it is located, either on
the effective date of this chapter or as a result of subsequent amendments
thereto.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable area and bulk regulations or supplementary
provisions of this chapter or amendment heretofore or hereafter enacted,
where such structure lawfully existed prior to the enactment of this
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 a structure, that 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 this chapter or an amendment thereto or prior
to the application of this chapter or amendment to its location by
reason of annexation.
NUDE MODEL STUDIO
Any place where a person who appears 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 State of Pennsylvania or a college, junior college or university
supported entirely or in part by public taxation; a private college
or university which maintains and operates education programs in which
credits are transferable to a college, junior college or university
supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing; and
B.
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude model is on the premises at any
one time.
NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less that a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
NURSING HOME
A facility licensed by the commonwealth for the short-term
or long-term care of patients requiring full-time intermediate or
skilled nursing care or both, but not including facilities for major
surgery or institutions for the care and treatment of narcotics addiction
caused by the current and illegal use of a controlled substance or
for individuals whose presence would constitute a direct threat to
the health or safety of other individuals or whose presence would
result in substantial physical damage to the property of others where
there are no reasonable means to accommodate the disability that would
eliminate any direct threat.
OFFICES
See "business or professional offices."
OFFICIAL DATE OF FILING
The date of the Planning Commission meeting at which an application
is first considered after filing of an application that is determined
to be complete and properly filed.
OPEN SPACE, COMMON
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.
OPEN SPACE, PUBLIC
Any parcel or area of land or water which is essentially
unimproved and set aside, dedicated or otherwise reserved for use
by the general public.
OUTDOOR SALES
Any display of merchandise outside an enclosed building which
is offered for sale, regardless of whether the purchase is completed
indoors or outdoors.
PA DEP
The Pennsylvania Department of Environmental Protection,
or its successor agency.
PARKING AREA
A paved, open, off-street area, accessory to the principal
use of the lot, containing two or more parking spaces, including the
aisles and/or driveways which provide access to the parking spaces.
PARKING SPACE
An open or covered paved area with a dust-free or all-weather
surface (or space in a private garage or other structure) for the
storage of one motor vehicle.
PATIO
See "deck or patio."
PAVED AREA
A percentage of the total lot area permitted to be covered
with an impervious material, as defined herein.
PERFORMANCE
Any live or reproduced exhibition, including, but not limited
to, any play, motion-picture film, dance or appearance presented to
or performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PERSONAL CARE BOARDING HOME
A premises licensed by the commonwealth in which food, shelter
and personal assistance or supervision are provided for a period exceeding
24 hours for four or more adults who are not relatives of the operator,
who do not require the services in or of a licensed long-term care
facility, but who do require assistance or supervision in matters
such as dressing, bathing, diet, financial management, evacuation
of a residence in the event of an emergency or medications prescribed
for self-administration, and not including care and treatment of narcotics
addiction caused by the current and illegal use of a controlled substance
or care for individuals whose presence would constitute a direct threat
to the health or safety of other individuals or whose presence would
result in substantial physical damage to the property of others where
there are no reasonable means to accommodate the disability that would
eliminate any direct threat.
PERSONAL SERVICES
Any enterprise conducted wholly within an enclosed structure
for gain, which primarily offers to the general public services to
individuals, their apparel or personal effects such as shoe repair,
valet service, watch repairing, barbershop, beauty parlors and related
activities, but not including the repair of automobiles or other heavy
equipment or machinery.
PET CREMATORIUM
An establishment containing a furnace designed to cremate
or reduce to ashes animal remains of the deceased.
PET GROOMING
Any establishment that offers services for domestic pets,
including, but not limited to, bathing, trimming, manicuring, massaging
or other services to maintain the animals' well-being and which
may sell pet care products and pet supplies as an accessory use, but
not including a veterinary clinic or kennel, as defined herein.
PET SERVICES
A business establishment that sells pet food and other pet
care products to the general public and that may offer pet grooming,
a boarding kennel and/or limited veterinary services as accessory
uses, or a business establishment that offers services for the care
during part of a twenty-four-hour-day of domestic pets as a principal
use and which may sell food or other pet care products as an accessory
use.
PLACE OF ASSEMBLY
An indoor or outdoor space with or without fixed seating
used for public gatherings for religious, recreational, educational,
cultural, political, social or entertainment purposes.
PLACE OF WORSHIP
A building use and/or lot where people regularly observe,
practice, or participate in religious or spiritual services, meeting
and/or activities.
PLANNED BUSINESS DEVELOPMENT
A commercial development in which the building, streets,
walkways, planted areas, parking, loading and related activities are
integrated and designed in accordance with an overall plan for an
entire site under single ownership.
PLANNING COMMISSION
The Planning Commission of Bridgeville Borough, Allegheny
County, Pennsylvania.
PORCH
A roofed or uncovered accessory structure without enclosing
walls with an area of more than 24 square feet that is attached to
or part of the principal building and which has direct access to and
from the principal building.
PRESCHOOL FACILITY
An establishment that offers private educational services
to children who are under the minimum age for education in public
schools.
PRIVATE
Any facility or establishment limited to members of an organization
or to other persons specifically invited or permitted where no advertisement
or inducement has been made to the general public.
PROFESSIONAL ENGINEER
A qualified individual who is licensed as a professional
engineer in a state or commonwealth in the United States.
PUBLIC
Owned, operated or controlled by a government agency, federal,
state, county or local.
PUBLIC BUILDING
Any building owned or operated by a government agency, federal,
state, county or local, used to provide services to the public, including
administrative offices, public works buildings and storage yards,
libraries, museums, senior centers, recreation buildings, government
service centers and similar facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by Borough
Council or the Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271
et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC PARKING LOT
A parking area on the surface of the ground that is the principal
use on the lot, that may be operated by either a public agency or
private entity, whether for profit or not, and that is available for
use by the general public, usually for a fee.
PUBLIC PLACE OR VEHICLE
Any street, alley, park, school or other public place or
any dance hall, rental hall, theater, amusement area, liquor establishment,
store, place of public accommodation or other private property in
the Borough generally frequented by the public for the purposes of
education, recreation, amusement, entertainment, sport, shopping or
travel, or any vehicle for public transportation, owned or operated
by the government, either directly or through a public corporation
or authority or owned or operated by any nongovernmental agency for
the use, enjoyment or transportation of the general public.
PUBLIC UTILITY BUILDING OR STRUCTURE
Any administrative building, maintenance building, garage
or other building intended for human occupancy or storage of movable
equipment owned or operated by a utility company regulated by the
Public Utility Commission (PUC), or any building or structure owned
or operated by a utility company regulated by the Public Utilities
Commission (PUC) or any governmental agency or municipal authority
that is necessary for the generation, treatment, regulation or intermunicipal
distribution of essential services, as defined herein, including,
but not limited to, long-distance transmission facilities such as
electrical power lines or high-pressure natural gas or petroleum lines,
switching facilities, substations, treatment plants, reservoirs, water
towers, transmission towers and similar facilities.
RECREATION, COMMERCIAL
An indoor or outdoor recreation facility which is operated
as a business for profit and which is open to the general public for
a fee, including, but not limited to, such facilities as parks, playing
fields, swimming pools, tennis centers, skating rinks, bowling alleys,
pool halls, miniature golf, driving ranges, fitness centers and similar
facilities. (See also "indoor entertainment.")
RECREATION, PRIVATE
Recreational facilities, whether operated for profit or not,
which are open only to bona fide members and their guests and where
no advertisement or inducement has been made to the general public,
including, but not limited to, such facilities as golf clubs, tennis
clubs, riding academics, parks, pavilions, and playing fields, but
not including sportsmen's clubs and any other facility involving
the use of any type of weapon.
RECREATION, PUBLIC
Recreation facilities which are operated by a governmental
agency and which are open to the general public, whether or not a
fee is charged, including, but not limited to, such facilities as
parks, playgrounds, playing fields, swimming pools and tennis courts.
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.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RESEARCH AND DEVELOPMENT
Any establishment, including laboratories, that 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 that may include supporting storage and
transportation facilities and pilot manufacturing as accessory uses,
but not including the mass production of such products.
RESTAURANT
See "eating and drinking establishment."
RIGHT-OF-WAY
Land reserved or dedicated for use as a street, crosswalk
or other means of travel, or other public or private purposes, including
existing and future rights-of-way.
SANITARY SEWER, PUBLIC
Any sewer system owned by a municipality or municipal authority
in which sewage is collected from more than one lot and piped to an
approved sewage disposal plant.
SCHOOL, COMMERCIAL
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
SCHOOL, POSTSECONDARY
An educational institution that provides training beyond
the secondary school curriculum and which is authorized by the commonwealth
to award associate, baccalaureate or higher degrees.
SCHOOL, PUBLIC OR PRIVATE
An accredited institution of learning that 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.
SEAT
The area required for one individual to sit on as regulated
by the Uniform Construction Code.
SETBACK
See "building setback line."
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse,
actual or simulated, or physical contact with a person's clothed
or unclothed genitals, pubic area, buttocks or, if such person be
a female, breast.
SEXUAL ENCOUNTER OR MEDITATION CENTER
A business, agency or person which, for consideration, provides
for commercial purposes a place where persons, not all members of
the same family, may congregate, assemble or associate for the purpose
of engaging in nudity or sexual conduct, as defined herein.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
SIGN
Any display of any letters, numerals, figures, emblems or
pictures displayed for the purpose of conveying information or attracting
attention, whether attached to or displayed on any structure or the
surface of anything, including, but not limited to, the ground or
any rock, tree or other natural object, and which display is visible
beyond the boundaries of the lot on which the sign is located.
SIGN FACE
The entire area upon which graphic or written material or
information is placed for viewing from a single direction.
SIGN, SURFACE AREA OF
The area enclosed by one continuous line, connecting the
extreme points or edges of an advertising panel containing letters,
or the sum of the areas of each letter, in the case of freestanding
letters which are mounted on a building wall, rather than painted
on or affixed to an advertising panel. In the case of freestanding
pole or ground signs, this area shall not include the main supporting
sign structure but shall include all other ornamental attachments
and connecting features which are not part of the main supports of
the sign. In the case of letters which are painted on or affixed to
an awning or canopy, rather than mounted on a wall or affixed to an
advertising panel, the area of the sign shall be the area of the geometric
shape formed by outlining the height and width of all of the letters,
including the space between the individual letters. For two-sided
signs, only one face is counted in computing the surface area.
SITE
A lot or lots which are the subject of an application for
development.
SITE AREA
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
SITE PLAN
An accurate drawing of a site prepared by a surveyor, engineer,
architect or landscape architect, in accordance with the laws of the
Commonwealth of Pennsylvania, now and as they are amended in the future,
and showing all information required by this chapter for an application
for development.
STOOP
A covered or uncovered porch located at a front, side or
rear door to a dwelling unit not exceeding 24 square feet in area.
STORE, CANDY OR ICE CREAM
A retail establishment that sells candy and/or ice cream
and which may include on-site processing of the products sold on the
premises but which shall not include on-site processing of products
for delivery off the premises.
STORE, CONVENIENCE
A retail store offering a limited selection of grocery, household
and personal items for quick purchase and that may include the dispensing
of gasoline.
STORE, GROCERY
A retail establishment that primarily sells meat, food and
household products but that may also include as accessory uses a pharmacy,
a florist, a travel agency, a video rental (excluding an adult video
store), a coffee shop, a delicatessen, banking and copy/fax services.
STORE, RETAIL
Any retail sales establishment conducted wholly within an
enclosed structure which sells goods, services or merchandise to the
general public for personal, household or office consumption and which
shall not include wholesaling, manufacturing or processing of the
goods offered for retail sale.
STORY
That portion of a building, other than the basement, as defined
by this chapter, included between the surface of any floor and the
surface of the floor next above it, or if there is no floor above
it, the space between the floor and the ceiling above it.
STREET
A public or private way which affords vehicular access to
abutting properties, but not including alleys, driveways, parking
lots or walkways. "Street" includes the entire right-of-way.
STREET CENTER LINE
A line which is at an equal distance from both street lines
or right-of-way lines.
STREET, ARTERIAL
A public street that serves large volumes of high-speed and
long-distance traffic. Streets classified as arterial in the Borough
for the purposes of interpreting this chapter are Bower Hill Road,
Chartiers Street, Lesnett Road and Washington Avenue.
STREET, COLLECTOR
A public street that, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
For the purposes of interpreting this chapter, streets classified
as collector in the Borough are Baldwin Street, Bank Street, Dewey
Avenue, McLaughlin Run Road, Prestley Road, Ridge Road and Station
Street.
STREET, LOCAL
Any public street not defined herein as an arterial or a
collector street.
STREET, PRIVATE
A street, including the entire private right-of-way, that
is privately owned and maintained and that is intended for private,
rather than public, use.
STREET, PUBLIC
A public right-of-way dedicated and open for public use that
has been adopted by the Borough, county, commonwealth or other governmental
body.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 purposes,
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 subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
SUPPLY YARD
A commercial establishment which stores or offers for sale
building supplies, steel supplies, coal, heavy equipment, feed and
grain, and similar goods, but not including the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
SURVEYOR
A professional surveyor registered in the Commonwealth of
Pennsylvania.
SWIMMING POOL
Any outdoor body of water in an artificial or semi-artificial
receptacle or other container, whether in-ground or aboveground, used
as a recreational facility for swimming, bathing, soaking or wading
or any natural or man-made receptacle which is capable of containing
water at a depth at any point of more than 18 inches or a surface
area of more than 100 square feet, including apparatus and equipment
necessary to maintain the swimming pool and the healthful condition
of the water. This definition includes permanent in-ground or aboveground
pools, hot tubs, exercise pools, decorative ponds or any other similarly
constructed confinement for retaining water of the specified depth
and area. This definition does not include temporary inflatable pools
that are not left in place for the entire summer.
SWIMMING POOL, PRIVATE
A swimming pool which is accessory to a single-family dwelling,
the use of which is restricted to the residents of the dwelling and
their invited guests.
SWIMMING POOL, SEMIPUBLIC
A swimming pool which is owned and operated by a homeowners'
association, a community corporation or other community association
for the benefit of the residents of a residential subdivision or multifamily
development.
TAVERN
See "eating and drinking establishment."
TEMPORARY USE OR STRUCTURE
Any use or structure that is intended to be used either on
a seasonal basis, during the time of construction and completion of
an approved development or for any other period of time that is six
months or less, including, but not limited to, tents, air-supported
structures, bleachers, portable bandstands, reviewing stands, mobile
office units, construction trailers, model homes or sales offices
and similar uses or structures.
THEATER
A business establishment, other than an adult movie theater
or adult movie house, inside a completely enclosed building devoted
to showing pictures and/or live dramatic or musical performances on
a paid admission basis. A theater usually contains an auditorium in
addition to other performance-related facilities. This term shall
not refer to a place of assembly.
TOWNHOUSE
See "Subsection H" under "dwelling types."
TRAFFIC IMPACT STUDY
An analysis prepared, signed and sealed by a qualified traffic
engineer analyzing the expected trip generation expected to result
from a proposed development based on the ratios and methodology contained
in the current edition of the manuals of the Institute of Transportation
Engineers (ITE), including current and projected capacities and levels
of service of all streets and intersections within 1,000 feet of the
site proposed for development or the next nearest intersection and
recommendations for improvements to streets and/or traffic control
devices within the site or immediately adjacent to the boundaries
of the site.
TRANSITIONAL DWELLING
A dwelling unit or other premises occupied on a short-term
basis as a supervised group living arrangement by persons assigned
by a court of law or assigned, self-referred or referred by a public
agency, semipublic agency, nonprofit entity, or for-profit entity
and managed by a public agency, semipublic agency, nonprofit entity,
or for-profit entity responsible for the occupants' care, safety,
conduct, counseling and supervision for a specified period of time,
including, but not limited to, alcoholic recovery, shelters for battered
persons and their children, maternity homes, community reentry services
following incarceration, prison assignment, house arrest, juvenile
personal care/child residential facilities or other court-ordered
treatment and other such short-term supervised assignments or occupancies,
but not including juvenile incarceration facilities.
TRUCK AND HEAVY EQUIPMENT RENTAL, SALES AND SERVICE
An establishment engaged in the rental, sale and/or service
of vehicles in excess of 26,000 pounds gross vehicle weight (GVW)
and/or any other heavy equipment, including, but not limited to, construction
or farm equipment, whether or not the equipment is classified as a
motor vehicle.
TRUCK TERMINAL
A building and adjacent loading area where cargo is stored
and where commercial vehicles load and unload cargo on a regular basis
which may or may not include facilities for the maintenance, fueling,
storage or dispatching of the vehicles.
USE
The purpose, business or activity for which any land or structure
is utilized.
USE BY RIGHT
An authorized use permitted by administrative decision of
the Zoning Officer.
USE BY SPECIAL EXCEPTION
A use authorized by this chapter that may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
USE, AUTHORIZED
Any use allowed by this chapter as a use by right, conditional
use, or use by special exception. The term "authorized use" or its
equivalent shall not be deemed to include any nonconforming use.
USE, PERMITTED
An authorized use specifically allowed as a matter of right
upon review and approval by the Zoning Officer subject to compliance
with all applicable requirements of this chapter and land development
plan approval, if applicable.
USE, PRINCIPAL
The primary or predominant use to which the property is or
may be devoted and to which all other uses on the premises are accessory.
VARIANCE
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
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, windshield wipers, trim packages,
running boards and the like, but not including any mechanical parts.
VEHICLE RENTAL, SALES AND SERVICE
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds gross vehicle weight (GVW), but not
including any heavy equipment or any other vehicle or equipment that
is not classified as a "motor vehicle" under the Pennsylvania Motor
Vehicle Code.
VEHICLE REPAIR BAY
An area within a building, designated for mechanical or body
repair of a vehicle and being a minimum size of 12 feet wide by 18
feet long with additional three-foot aisle in front or back of the
vehicle repair bay.
VETERINARY CLINIC
An establishment where animals are examined and treated by
veterinarians and which may include indoor kennels for temporary boarding
of animals during treatment.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, cubicles,
compartments, rooms or other enclosures which are available to members
of the public, patrons or members for viewing 1) films, movies, videos
or visual reproduction of any kind depicting or describing nudity
or sexual conduct or 2) persons who appear in a state of nudity or
who offer performances or presentations characterized by the exposure
of nudity or by sexual conduct, as defined by this chapter.
WAREHOUSE
A building used primarily for the storage and handling of
freight or merchandise, but not including the maintenance or fueling
of commercial vehicles.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
WHOLESALE BUSINESS
An establishment primarily engaged in selling merchandise
to retailers, institutional, industrial, commercial or professional
business customers or other wholesalers, rather than the general public,
or acting as a broker for such merchandise sales.
WHOLESALE DISTRIBUTOR
A wholesale business which includes the warehousing of merchandise
and distribution of such merchandise from the site of the principal
business to other wholesale or retail businesses or institutional
customers.
YARD
An open space between a structure and an adjoining lot line,
unoccupied and unobstructed by any portion of any structure other
than a fence from the ground upward, except as otherwise provided
herein.
YARD LINE
A line drawn parallel to the corresponding lot line at a
distance specified for the required depth of yard in each respective
case.
YARD LINE, FRONT
A line which bounds the front yard and is parallel to the
front lot line.
YARD LINE, REAR
A line which bounds the rear yard and is parallel to the
rear lot line.
YARD LINE, SIDE
A line which bounds the side yard and is parallel to the
side lot line.
YARD, FRONT
A yard extending across the full width of the lot and adjoining
the front lot line. The depth measurement required by this chapter
for the front yard shall be the horizontal distance between the front
lot line and line parallel thereto known as the "building setback
line."
YARD, REAR
A yard extending across the width of the lot between the
side yards and adjoining the rear lot line. The minimum depth measurement
required by this chapter shall be the horizontal distance between
the rear lot line and a line parallel thereto.
YARD, SIDE
A yard extending between the building setback line and the
rear yard line parallel to the side lot line. The minimum width measurement
required by this chapter shall be the horizontal distance between
the side lot line and a line parallel thereto.
ZONING AMENDMENT
A change to the text of this chapter or to the Zoning District
Map proposed for adoption by Borough Council pursuant to the procedures
specified in this chapter.
ZONING COMPLIANCE CERTIFICATE
A document issued by the Zoning Officer indicating that the
proposed use of property is in compliance with the provisions of this
chapter.
ZONING DISTRICT
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
ZONING DISTRICT MAP
The official map delineating the zoning districts of Bridgeville
Borough, Allegheny County, Pennsylvania, together with all amendments
subsequently adopted, which is incorporated in and made a part of
this chapter by reference thereto.
ZONING HEARING BOARD
The Zoning Hearing Board of the Borough of Bridgeville, Allegheny
County, Pennsylvania.
ZONING OFFICER
The person appointed by the Borough to administer this chapter,
as required by the Pennsylvania Municipalities Code, who shall have
all the powers and duties and be subject to all the provisions set
forth in the Pennsylvania Municipalities Planning Code with respect
to zoning officers.