All words used in this chapter shall carry their customary dictionary
definitions as provided in the most recent edition of Webster's
Collegiate Dictionary, except where specifically defined herein. Words
used in the present tense shall include the future. The singular number
shall include the plural, and the plural the singular. The word "shall"
is always mandatory and not permissive; the word "may" is permissive.
The words "used" or "occupied," as applied to any land or structures,
shall be construed to include the words "intended, arranged or designed
to be used or occupied." The word "person" shall include the individual,
corporation, partnership, incorporated association or any other entity.
Words in the masculine gender shall include the feminine gender. The
words "includes" and "including" shall not limit the defined term
to the specific examples, but are intended to extend the terms meaning
to other instances of like kind and character.
The following words and phrases shall have the particular meaning
specified in the purpose of interpreting this chapter:
A means of providing vehicular or pedestrian ingress and
egress to and from a property.
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 which 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, swimming pools, detached decks, fences and similar structures.
See "recreation, active, high impact."
See "recreation, active, low-impact."
Sharing common property lines uninterrupted by any alley,
public street or private street right-of-way.
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.
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.
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, escort service, massage parlor,
bathhouse, body painting studio, nude model studio, 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.
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.
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.
A completely enclosed building, as defined herein, with a
capacity for accommodating less than 50 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.
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.
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.
Any coin-operated machine or device that dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
Any nightclub, as defined herein, that offers adult entertainment,
as defined herein.
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,
as defined herein.
The sale of products raised, grown or produced on a farm,
provided the sales are conducted on the farm property where the products
are raised, grown or produced and where products sold that are not
raised, grown or produced on the farm shall be less than 50% of the
total sales.
Any principal or accessory use of land or structures for
farming, dairying, pasturage, agronomy, horticulture, floriculture,
arboriculture, or animal or poultry husbandry. Accessory uses permitted
in conjunction with agriculture may include barns, stables, corn cribs,
silos and other uses or structures that are clearly related to an
agricultural operation.
A place licensed by the Pennsylvania Department of Transportation,
Bureau of Aviation, where fixed-wing aircraft land and take off on
designated and/or improved runways, including hangars, facilities
for refueling and repair and which may include accommodations for
passengers.
An unimproved area of land designated for fixed-wing aircraft
to land and take off, licensed by the Pennsylvania Department of Transportation,
Bureau of Aviation.
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.
Alterations include, but are not limited to, the following:
all incidental changes in or replacements to the nonstructural parts
of a building or other structure, minor changes or replacements in
the structural parts of a building or other structure.
See "zoning amendment."
A dwelling unit located above the street floor and in the
same building with an office or retail establishment which meets the
requirements of this chapter.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his/her heirs, successors
and assigns.
Any application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to: an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
A registered professional architect licensed as such by the
Commonwealth of Pennsylvania.
See "street, arterial."
See "place of assembly."
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 boarding 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.
A retail establishment that provides for one or more of the
following activities:
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
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
The operation of a convenience store, provided retail sale of
petroleum products is a part of the operation.
A structure erected to stop the propulsion of any bullet,
"BB" or shot.
A retail or wholesale establishment that sells baked goods
to businesses and that may sell to the general public and that involves
on-site processing of baked goods, either for sale on the premises
and/or for delivery to other retail or wholesale outlets.
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 that
shall not include on-site processing of goods for delivery to other
retail or wholesale outlets.
A business, licensed by the commonwealth, that sells alcoholic
beverages for consumption on the premises as the principal use and
that may offer food for consumption on the premises as an accessory
use.
That portion of the foundation of a building between the
floor of the foundation and the floor of the first story of the building
having more than 1/2 of its height above the average grade of the
adjoining ground.
An establishment that provides baths of all kinds, including
methods of hydrotherapy involving nudity or sexual conduct, as defined
herein, 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.
A dwelling that is the 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.
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.
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.
The Board of Supervisors of the Township of Upper Burrell,
Westmoreland County, Pennsylvania.
The keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other form of compensation. (See also "riding
academy.")
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.
A landscaped area of a certain depth specified by this chapter
that shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material and shall consist
of a mix of types and sizes of plant material that, within three years
of planting, meets the standard of providing a compact year-round
visual screen at least six feet in height or an existing natural barrier,
such as vegetation and/or topography, that duplicates the effect of
the required buffer area, provided the natural barrier is maintained
with vegetation or landscaping at all times.
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.")
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 an 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.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck lines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
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.")
A permit issued by the Township Building Inspector pursuant
to the authority granted by and in conformance with the requirements
of the Uniform Construction Code (UCC).
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.
A housing facility designed and intended to be used for a
temporary period of time to house oil and gas exploration workers.
Such facility is not intended to accommodate families or school-aged
children. A bunk house may be of travel trailer, camper, mobile home
or a structure manufactured for this particular use.
[Added 7-21-2011 by Ord. No. 5-2011]
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.")
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.
See "store, candy or ice cream."
A facility, whether automatic, semiautomatic or manual, where
the principal use is washing and polishing vehicles.
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.
See "restaurant, carry-out."
That portion of the street right-of-way that is surfaced
for vehicular use, excluding curbs and shoulders.
A business that provides the preparation and serving of food
for businesses, groups or individuals for special occasions, usually
delivered for consumption off the premises, but which may include
a rental hall, if specifically authorized by this chapter in the list
of authorized uses.
That portion of the foundation of a building between the
floor of the foundation and the floor of the first story of the building
having 1/2 or more of its height below the average grade of the adjoining
ground.
Property used for 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.
A line that is usually at an equal distance from both edges
of the cartway or established right-of-way.
A document issued by the Zoning Officer indicating that a
premises for which a zoning certificate and/or a building permit has
been issued is ready for occupancy and is in compliance with the provisions
of this chapter.
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.
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.
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 illustration
in Appendix A.[1])
See "medical clinic."
See "veterinary clinic."
See "private club."
See "sportsmen's club."
A center for the acceptance and processing of recyclable
materials from the public. Recyclable materials shall be limited to
glass containers, plastic containers, aluminum beverage cans, steel/bimetal
containers, newsprint, high-grade office paper and corrugated paper.
Processing of recyclable materials shall be limited to crushing, baling,
chipping, shredding or other operations that physically reduce the
mass of the materials, but that do not alter their composition in
any way.
See "street, collector."
See "bakery, commercial."
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.
See "school, commercial."
A motor vehicle licensed by the Department of Transportation,
Commonwealth of Pennsylvania (PennDOT) or any other licensing agency
in another state or commonwealth, 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.
See "open space, common."
The Commonwealth of Pennsylvania.
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.
An unmanned structure that contains the equipment necessary
to maintain and operate communications antennas.
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 sidearm mounts and pipe mounts for microwave dish antennas.
A building located in a subdivision plan, planned residential
development or multifamily development, the use of which is limited
to residents of the development and their invited guests for recreation,
social and homeowners' association activities, which may or may
not include a swimming pool, tennis courts or other recreational facilities
owned in common by the homeowners or landlord and which facilities
shall not be leased to a nonresident.
See "sanitary sewer, community."
A use that is not specifically listed in a particular zoning
district, but that 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 that is
specifically listed in the same zoning district as a permitted use,
conditional use or use by special exception.
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roof line, 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.
The Comprehensive Plan of the Township of Upper Burrell which
guides the physical development of the Township and which consists
of maps, charts and textual matter in accordance with the provisions
of the Pennsylvania Municipalities Planning Code.[2]
An authorized use which may be granted only by the Board
of Supervisors pursuant to express standards and criteria contained
in this chapter after review and recommendation by the Planning Commission
and after conducting a public hearing pursuant to public notice.
A facility used for educational, corporate, professional
or organizational meetings, conferences, exhibitions, seminars and/or
training which may include supporting dining and lodging facilities
and related recreational facilities as accessory uses.
A residential development in which the dwelling units are
clustered on the portion of the site most suitable for development
and the remaining property is preserved as undivided common open space.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
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 or during road or bridge construction
or the installation of public utilities.
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 all materials, equipment
and vehicles are stored within a completely enclosed building, as
defined herein.
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.
See "store, convenience."
Those gas and oil wells drilled to depths shallower than
the base of the Elk Sandstone or its statigraphic equivalent, and
such oil and gas wells that are planned to involve drilling of a single
well on a well site for no more than seven consecutive days total
in any calendar year.
[Added 7-21-2011 by Ord. No. 5-2011]
See "lot, corner."
See "golf course; golf or country club."
Westmoreland County, Pennsylvania.
See "lot coverage."
An establishment containing a furnace designed to cremate
or reduce to ashes human or animal remains of the deceased.
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.[3])
A facility, licensed by the commonwealth, located within
a building that 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.
See "family day-care home."
A unit of measurement of the intensity (loudness) of sound
used to calibrate a sound level meter.
Any uncovered outdoor living area, without a roof, in excess
of 24 square feet constructed on or above the surface of the ground.
A retail establishment, other than a restaurant, that sells
ready-to-eat food products such as cooked meats, sandwiches and prepared
salads, primarily for consumption off the premises, but that may provide
a few tables or a counter for on-premises consumption as an accessory
use and that may include off-premises catering.
See "dwelling unit density."
See "lot depth."
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.
Any man-made change to an improved or unimproved land or
water area, including, but not limited to: construction of buildings
or structures or additions thereto, mining, dredging, filling, grading,
paving, excavation or drilling operations.
The written and graphic materials describing a development,
including a plat of subdivision, a planned residential development
(PRD), all covenants relating to use, location and bulk of buildings
and other structures, intensity of use or density of development,
streets, ways, parking facilities, common open space and public facilities.
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.
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.
See "zoning district."
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure, including, but not limited to: dogs
and cats, provided 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.
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.
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
See "store, drug."
See "store, dry-cleaning pickup."
A 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 boarding houses.
The following dwelling types are included in this chapter:
SINGLE-FAMILY DETACHED DWELLINGA residential building containing one dwelling unit that is the only principal structure on the lot surrounded on all sides by open space.
SINGLE-FAMILY ATTACHED DWELLINGA residential building containing one dwelling unit that is attached by unpierced vertical walls to no more than three other dwelling units, where each dwelling unit is either located on a separate recorded lot having a property line along common walls between the units or where the dwellings are located on property shared in common with other single-family attached dwellings.
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.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more separate dwelling units, including townhouses and garden apartments.
GARDEN APARTMENTA multifamily residential building no more than three stories in height containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
GROUP CARE FACILITYAny supervised long-term group living arrangement licensed by the commonwealth for any of the following:
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";
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;
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.
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 they are installed on a permanent foundation and connected to all available utilities.
PERSONAL CARE BOARDING HOMEA dwelling or institutional building 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 semi-mobile 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 or intermediate nursing care.
TOWNHOUSEA multifamily residential building no more than 2Â 1/2 stories in height that contains at least three but no more than eight 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.
TRANSITIONAL DWELLINGA dwelling unit occupied on a short-term basis 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.
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.
The maximum number of dwelling units authorized by this chapter
per acre of land.
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.
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.
The date on which this chapter is duly adopted by the Board
of Supervisors.
See "fire and emergency medical services."
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
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.
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.
The removal of surface materials by the action of natural
elements.
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.
The provision by continuous conduit of distribution and collection
systems by public utilities, regulated by the Public Utilities Commission
(PUC) or any agency, franchisee or authority of Upper Burrell Township
of underground or overhead gas, electrical, telephone, steam, or water
lines, sewers, fire alarm boxes, traffic signals, hydrants, cable
TV (not including towers) and accessories in connection therewith,
reasonably necessary to furnish adequate services within Upper Burrell
Township to the general public.
See "light manufacturing."
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:
It provides non-routing 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;
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;
It does not involve the housing of persons on a transient basis;
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.
"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.
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.
A site of 10 acres or more used for the pursuit of agriculture,
as defined herein.
See "restaurant, fast-food."
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 agricultural fences erected for the purpose of enclosing livestock in areas properly used for agricultural purposes, nor shall it include retaining walls that are designed and approved in accordance with Chapter 173, Grading, Excavating and Filling.
A bank, savings and loan association, credit union, beneficial
association or similar institution that lends money or is engaged
in a finance-related business.
Facilities owned and operated by a public agency or nonprofit
corporation used for the storage of fire trucks, fire-fighting equipment,
ambulances and other emergency medical equipment and for the training
of fire fighters, 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.
Any building designed to accommodate a combination of office
and warehousing or office and manufacturing or assembly.
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 Township.
The sum of all the horizontal floor areas of a building,
measured between exterior faces of walls.
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, rest rooms, 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.
See "store, food."
The management of forests and timberlands when practiced
in accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes that do not involve any land development.
The number of oscillations per second in a sound wave that
is an index of the pitch of the resulting sound.
See "building line, front."
See "lot line, front."
See "yard, front."
A building used for the embalming of the deceased for burial,
but not including cremation, and for the display of the deceased and
ceremonies connected therewith before burial or cremation.
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.
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.
See "vehicle repair garage."
See Subsection E under "dwelling types."
See "store, general merchandise."
A recreational facility operated by a public or private entity
that has, as its principal use, a course with a minimum of nine regulation
size holes for playing golf and that may include one or more of the
following accessory uses: a clubhouse and/or restaurant, locker rooms,
pro shop, swimming pool, facilities for racquet sports and maintenance
facilities.
See "commercial greenhouse."
See "store, grocery."
See "floor area, gross."
See Subsection F under "dwelling types."
A story with a cubic content of not more than 50% of the
cubic content of the first, or ground, story of the building.
Any material designated as a hazardous material under the
terms and provisions of the Pennsylvania Solid Waste Management Act
of 1980[4] and/or any regulations promulgated thereunder by the Pennsylvania
Department of Environmental Protection (PA DEP) and designated as
"hazardous materials."
A commercial recreational enterprise or private club that
has as a principal use a gymnasium, swimming pool or other sports
facility and that may offer massages, whirlpool baths, steam rooms,
saunas and/or medical facilities as accessory uses to the principal
use.
See "building height."
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.
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.
See "private use helipad."
See "recreation, active, high-impact."
The raising of horses, livestock and/or poultry on property
that does not meet the minimum lot area requirements for agriculture
where said use is accessory to a single-family dwelling and is limited
to the personal use and enjoyment by the residents thereof; and further
providing that the raising of animals is not the principal economic
activity of the residents. The definition of hobby farm shall not
include a private stable, boarding stable, commercial greenhouse,
kennel or riding academy which are separately defined and regulated
by this chapter.
See "store, home furnishings."
The growing of flowers, plants or vegetables for consumption
by the persons residing on the premises, and not for sale, including
backyard composting for personal use and noncommercial greenhouses
not exceeding 150 square feet in gross floor area.
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.
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.
An institution licensed by the commonwealth for the care
of human patients suffering from physical or mental illnesses, and
that may or may not include facilities for major surgery and that
may be publicly or privately operated.
See "motel or hotel."
See "candy or ice cream store."
See "development."
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 or barber shop or cleaner's valet), transportation
services and similar support services for the convenience of the residents.
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, bowling
alleys, pool halls, virtual reality and simulation gaming parlors,
video arcades, dance halls and similar facilities, but excluding any
adult business, as defined herein.
Any rubbish or scrap material, including all paper cartons,
boxes, barrels, wood, excelsior, bedding, cans, metal, glass, crockery,
mineral refuse, ashes and any similar substances, scrapped or used
appliances, fixtures, vehicles and vehicle parts, machinery and machinery
parts or other similar material or any other form of discarded, unused
or unusable materials, including building materials.
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in "junk," as defined by this chapter.
A structure and/or premises where four or more dogs or cats
or any combination of dogs and cats totaling four animals that are
six months or older are kept, bred, trained or boarded at any one
time, whether for profit or not.
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively;
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenure;
Any change of use or structural alteration that results in an
increase in total lot coverage by structures and/or paving; 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.
A plan prepared in accordance with the application requirements of Chapter 292, Subdivision and Land Development, for approval of a land development, as defined herein.
Any site licensed by the Pennsylvania Department of Environmental
Protection (PA DEP) for the disposal of solid waste, other than hazardous
waste, as defined and regulated by federal statute.
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.
A registered professional landscape architect licensed as
such by the Commonwealth of Pennsylvania.
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.
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.
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-made activity.
A retail business equipped with a number of individual clothes
washing machines, 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.
The assembly, processing or production of finished products,
not involving the use of any raw materials or large quantities of
any hazardous materials, as regulated by the PA Department of Environmental
Protection (PA DEP) and/or the U.S. Environmental Protection Agency
(U.S. EPA), including, but not limited to: communications equipment
and services; computer components and accessories; dolls, toys and
sporting goods; electrical parts, accessories and equipment; electronic
components, accessories and equipment; jewelry and musical instruments;
laboratory apparatus; machinery, equipment and supplies; metal fabrication
and machining; office machines and equipment; optical instruments
and products; precision instruments; printing, publishing, shipping,
packaging, mailing and distribution; and similar products and services.
Any member of the bovine or equine species and other animals
customarily found on a farm, including, but not limited to: cows,
steers, horses, ponies, mules, donkeys, llamas, alpacas, sheep, goats,
pigs, chickens, peacocks and other fowl or game animals raised for
profit.
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.
See "street, local."
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.
The total area within the lot lines, excluding the area within
any street right-of-way.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
That portion of the lot area covered by all principal and
accessory structures expressed as a percentage.
The mean horizontal distance between the front lot line and
the rear lot line.
That portion of the lot that adjoins the street right-of-way
or through which access is provided to a public street.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or other public space.
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 that 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.
That lot line that is generally opposite the front lot line.
Any lot line that is not a front lot line or rear lot line.
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.
See "nonconforming lot."
Any lot that, individually, or as part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Westmoreland
County.
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
The straight line distance between the point of intersection
of the front building line with the side lot lines.
See "recreation, active, low-impact."
A work shop where a machinist fabricates, assembles or repairs
parts and/or equipment.
See "light manufacturing."
Any establishment that provides services of massage or body
manipulation, including exercises, heat and light treatments of the
body, and all forms of physiotherapy, unless operated by a medical
practitioner, chiropractor or professional physical therapist licensed
by the commonwealth, not including any athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as an
incidental or accessory service to the principal service.
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.
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling under the care of
a group of licensed medical doctors and/or dentists and their supporting
staff, where said patients are not provided with board or room or
kept overnight on the premises.
One or more administrative offices of an individual doctor,
dentist, chiropractor or other medical practitioner and their supporting
staff where human patients receive diagnosis, treatment and counseling.
See "sexual encounter or meditation center."
Any extraction of any mineral for sale or other commercial
purpose that involves removal of the surface of the earth or exposure
of the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. The term "mineral" includes, but is not limited
to, anthracite and bituminous coal, lignite, limestone and dolomite,
sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and
other mineral resources, excluding mining activities carried out beneath
the surface of the earth by means of shafts, tunnels or other underground
mine openings.
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 dead storage of personal
property.
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.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement of mobile homes.
An establishment engaged in the retail sales of mobile homes,
including the servicing and on-site storage of mobile homes offered
for sale.
The temporary use of a dwelling unit for the purpose of marketing
dwelling units to be constructed in an approved plan that is under
construction.
See Subsection G under "dwelling types."
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.
See Subsection D under "dwelling types."
Act of 1968, P.L. 805, No. 247 as reenacted and amended (53
P.S. § 10101 et seq.).
An establishment operated by a public agency or a nonprofit
organization devoted to the procurement, preservation, study and display
of documents, artifacts, memorabilia or other objects of social, historical
or cultural significance.
A facility designed and constructed to compress natural gas
that originates from an oil or gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant, or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added 7-21-2011 by Ord. No. 5-2011]
A facility used to remove materials such as ethane, butane,
and other constituents or similar substances from natural gas to allow
such natural gas to be of such quality as is required or appropriate
for transmission or distribution to commercial markets but not including
facilities or equipment used primarily to remove water, water vapor,
oil or naturally occurring liquids from natural gas. This includes
a dewpoint control facility.
[Added 7-21-2011 by Ord. No. 5-2011]
See "floor area, net."
A restaurant, or portion thereof, or any other establishment
serving food and/or drink, whether or not the consumption of alcoholic
beverages is permitted or allowed on the premises, that offers on
a monthly or more frequent basis, live entertainment on a stage or
bandstand and/or dancing to music, either live or recorded, and that
has a maximum permitted occupancy authorized by the Uniform Construction
Code (UCC) of 50 or more persons.
See "home-based business, no-impact."
See "lot, nonconforming."
Any sign that was lawfully erected and maintained prior to the adoption or amendment of this chapter, that fails to conform to all applicable regulations and restrictions of Article XVIII.
A structure or part of a structure that does not comply with
the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
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. Nonconforming signs are included in this
definition.
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.
Any place where a person appears in a state of nudity, as
defined herein, 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 that 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:
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
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude model is on the premises at any
one time.
The exposure of human bare buttocks, anus, male or female
genitals or female breast or the appearance thereof.
Any activity or condition that unreasonably annoys and disturbs
a person, rendering the ordinary use of his/her property physically
uncomfortable and/or anything that essentially interferes with enjoyment
of life and property or that may constitute a threat to the health,
safety and welfare of the citizens of the Township.
An institution licensed by the Commonwealth for the care
of human patients requiring skilled nursing or intermediate nursing
care, but not including facilities for major surgery or care and treatment
of drug or alcohol addiction.
See "certificate of zoning compliance."
A prescribed interval of sound frequencies that classifies
sound according to its pitch.
See "business or professional offices."
See "business or professional offices."
See "business or professional offices."
See "medical offices."
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.
Parking spaces required by this chapter to be located on private property in accordance with the requirements of Article XVII.
See "parking area."
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane, and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through, and
below the surface of the earth.
[Added 7-21-2011 by Ord. No. 5-2011]
The well site preparation, well site construction, drilling,
hydraulic fracturing, and/or site restoration associated with an oil
and gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil and gas pipelines and associated equipment and other
equipment and activities associated with the exploration for, production
and transportation of oil and gas other than natural gas compressor
stations and natural gas processing plants or facilities performing
the equivalent functions that operate as midstream facilities.
[Added 7-21-2011 by Ord. No. 5-2011]
The removal of oil and gas resources for sale or other commercial
purposes by means of drilling in accordance with the provisions of
the PA Oil and Gas Act (58 P.S. §§ 601.101 through
601.605), as now or hereafter amended, including the structures and
equipment necessary to accomplish the removal.
The drilling and operation of oil or gas wells. The underground
activities and processes used and the migration of gas or oil from
a subsurface area to a gas or oil well site at the surface shall not
in and of themselves constitute mineral removal and are allowed to
occur in R-A Agricultural Residential, P Public and I Industrial Zoning
Districts as a conditional use.
[Added 7-21-2011 by Ord. No. 5-2011]
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use or enjoyment of the occupants or residents of a development,
not including streets, parking areas or areas set aside for public
facilities.
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.
Any person, partnership, company, corporation and its subcontractors
and agents who has an interest in real estate for the purpose of exploring
or drilling for, producing, or transporting oil or gas and also any
"well operator" or "operator" as defined in the Pennsylvania Oil and
Gas Act.[5]
[Added 7-21-2011 by Ord. No. 5-2011]
Any display of merchandise outside an enclosed building which
is offered for sale, regardless of whether the purchase is completed
indoors or outdoors.
An open air facility operated either by a profit-making or
nonprofit organization that may or may not include a clubhouse, but
which includes facilities for one or more of the following activities:
archery, target shooting, skeet or trap shooting, marksmanship, tournaments
and similar activities.
See "landowner."
Pennsylvania Department of Environmental Protection, or its
successor agency.
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 that provide access to the parking spaces.
See "garage, public parking."
See "public parking lot."
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
See "off-street parking."
See "recreation, passive."
See "deck or patio."
The distance specified by this chapter from the entire boundary
of a site proposed for a development, as required by this chapter
in which no principal or accessory structures may be located.
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
See Subsection H under "dwelling types."
Any enterprise providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including, but not limited to: shoe repair, tailoring, clothes
cleaning, watch repairing, barber shops, beauty parlors and related
activities, but not including any adult business, as defined herein.
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 that
may sell pet care products and pet supplies as an accessory use, but
not including a veterinary clinic or kennel, as defined herein.
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 that may sell food or other pet care products as an accessory
use.
See "domestic pets."
A retail establishment which has a gross floor area of less
than 10,000 square feet and which primarily sells prescription drugs,
patent medicines, surgical and sickroom supplies.
An establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
of equipment required, costs and other information necessary prior
to undertaking full-scale production.
An indoor or outdoor space with or without fixed seating
used for public gatherings for religious, recreational, educational,
cultural, political, social or entertainment purposes.
A development comprised of authorized industrial uses on
a site that is under single ownership and control at the time of an
application for development and that is planned and developed as a
single unit wherein several buildings or lots utilize a common means
of access and may share other common facilities such as parking and
signs.
A site under single ownership and control that is developed
as a unit for two or more buildings containing medical offices or
clinics or professional or business offices in a campus environment
utilizing common means of access, parking and loading facilities and
uniform signage and that may include other shared features.
A site under single ownership and control that is developed
as a unit for two or more buildings containing high technology industries
and/or research and development establishments in a campus environment
utilizing common means of access, parking and loading facilities and
uniform signage and that may include other shared features.
An area of land controlled by a single landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not necessarily correspond in lot size, bulk,
type of dwelling unit or use, density or intensity, lot coverage and
required open space to any one zoning district in this chapter.
A site under single ownership and control that is developed
as a unit for two or more retail businesses in one or more buildings
and designed with shared parking, loading and access facilities and
uniform signage and that may include other shared features.
The Planning Commission of Upper Burrell Township, Westmoreland
County, Pennsylvania.
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.
See "school, postsecondary."
The entire site owned by a postsecondary school, as defined
herein, devoted primarily to educational purposes, but which may also
include supporting uses such as dining facilities, recreational facilities,
housing for students and/or faculty, a theater, a library, meeting
rooms, sale of books, school apparel and memorabilia and similar facilities.
An establishment that offers private educational services
to children who are under the minimum age for education in public
schools.
The building or structure in which the principal use is conducted.
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.
An establishment engaged in commercial or job printing, including
offset printing, engraving, photolithographing, and publishing and
binding books, newspapers, pamphlets and other printed materials.
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit, and restricted
to members and their guests.
Any establishment, other than a sportsmen's club, operated
by a legally chartered organization for social, recreational, educational,
fraternal or sororal purposes, that is open only to members and their
guests and not to the general public.
See "garage, private."
See "sanitary sewer, private."
The keeping or raising of horses and/or ponies as an accessory
use to a single-family dwelling for the personal use and enjoyment
of the residents of the lot, not involving any profit-making activity.
See "street, private."
A helicopter landing pad licensed by the Pennsylvania Department
of Transportation, Bureau of Aviation and regulated by the Federal
Aviation Administration (FAA) that is owned by a private entity and
restricted to use by helicopters owned by such entity.
A qualified individual who is licensed as a professional
engineer in a state or commonwealth in the United States.
See "business or professional offices."
Any occupied residence, commercial business, school, religious
institution or other public building located within 1,000 feet of
the surface location of a well that may be impacted by noise generated
from drilling or hydraulic activity at a well site. The term shall
not include any structure owned by an oil and gas lessor who has signed
a lease with the operator granting surface rights to drill the subject
well or whose owner (or occupants) has (have) signed a waiver relieving
the operator from implementation of the measure established in this
ordinance[6] for the owner's (occupants') benefit.
[Added 7-21-2011 by Ord. No. 5-2011]
Owned, operated or controlled by a government agency, federal,
state, county or local.
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.
See "garage, public parking."
A formal meeting held pursuant to public notice by the Board
of Supervisors or the Planning Commission, intended to inform and
obtain public comment, prior to taking action in accordance with this
chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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.
See "open space, public."
See "school, public or private."
See "garage, public parking."
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.
See "sanitary sewer, public."
See "street, public."
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 Utilities Commission (PUC); or any building or structure owned
or operated by a utility company regulated by the Public Utility 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.
See "lot line, rear."
See "yard, rear."
Indoor or outdoor leisure time pursuits that draw in excess
of 200 spectators and/or participants at any one time and any indoor
or outdoor leisure time pursuits that draw fewer than 200 spectators
or participants that have operational characteristics that have a
significant impact on surrounding properties, including, but not limited
to: motocross or dirt bike trails, paintball facilities, arenas, amusement
parks, water parks, ski resorts, campgrounds, fairs, truck and tractor
pulls, off-road vehicle courses and trails, amphitheaters and similar
uses that have significant environmental, noise, traffic or lighting
impacts. (This definition excludes "boarding stable"; "golf course,
golf or country club"; "health club"; "indoor entertainment"; "private
stable"; "riding academy"; "shooting range"; and "sportsmen's
club," which are separately defined and regulated by this chapter.)
Indoor or outdoor leisure time pursuits involving activities
that customarily raise the heart rate of participants above the resting
level, including participation by individuals, groups of individuals
or teams and any spectators, usually requiring the use of special
equipment and/or a prescribed site, field or facility, including,
but not limited to: soccer fields, football, baseball and softball
fields, basketball courts, tennis courts, handball or racquetball
courts, swimming pools, community centers and similar facilities of
a size and operational character that they have a low impact on surrounding
properties. (This definition excludes "boarding stable"; "golf course,
golf or country club"; "health club"; "indoor entertainment"; "private
stable"; "riding academy"; "shooting range"; and "sportsmen's
club," which are separately defined and regulated by this chapter.)
Outdoor leisure time pursuits involving activities that do
not raise the heart rate significantly above the resting level, but
rather provide refreshment through furnishing a visual and/or psychological
release from the pressure of everyday life for individuals or small
groups of individuals, including, but not limited to: bridle trails,
trails with exercise stations, Nordic ski trails, hiking, biking,
walking, fishing, picnicking, children's playgrounds, table games,
observation areas, bird watching, botanical gardens, historical or
archaeological sites, scenic areas, nature preserves and similar facilities
for relaxing in a natural environment.
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including but not limited to: travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles, jet skis, wave runners, motorcycles and all-terrain
vehicles.
See "collection and recycling facility."
A building and equipment for refining or processing oil or
gas or similar products.
[Added 7-21-2011 by Ord. No. 5-2011]
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.
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.
An establishment that offers food and beverages for sale
and consumption either on or on and off the premises as the principal
use and may serve alcoholic beverages for consumption on the premises
as an accessory use.
A restaurant where refreshments, beverages, meals or frozen
desserts or the like are served for consumption primarily outside
of the premises and where no more than 12 permanent seats are provided.
A restaurant principally devoted to the retail sale of prepared
or pre-measured food items where such food items are ordered by the
customer at a window, counter or vehicle rather than from a table
and that is designed to facilitate quick service and takeout orders.
An establishment where orders are placed with waitpersons
by customers seated at tables and food and beverages are served at
the table by waitpersons or are offered by buffet service that includes
a complete meal and where the usual length of stay is one hour or
more. A sit-down restaurant may or may not serve alcoholic beverages
for consumption on the premises as an accessory use and may or may
not offer takeout service as an accessory use, but shall not include
a pickup window or drive-through window.
See "bakery, retail."
Any establishment not otherwise specifically defined in this
article that sells on the premises, commodities and/or services directly
to consumers, but not including the manufacturing or processing of
any products.
See "store, retail."
An establishment where instruction in riding, jumping and
showing is offered for a fee and where horses may be hired for riding.
A riding academy may also include a boarding stable, as defined herein.
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.
A chart described in the U.S. Bureau of Mines Information
Circular 6888 or its successor publication on which are illustrated
shades of gray used to estimate the light-obscuring capacity of smoke.
The number appearing on the Ringelmann Chart ascribed by
the observer to the density of smoke emission.
A temporary use for the purpose of marketing the dwelling
units in a residential development or the leasable space or other
occupancy in a nonresidential development.
See "agricultural sales."
Any premises devoted to the dismantling or wrecking of used
motor vehicles, trucks, trailers, farm equipment or mobile homes or
the storage, sale, crushing or dumping of dismantled or partially
dismantled, obsolete or wrecked vehicles or their parts, but not including
the reassembly of any vehicles or equipment for resale.
Any sewer system that is privately owned or owned by an association
of property owners in which sewage is collected from more than one
lot and piped to a sewage treatment plant approved by the Pennsylvania
Department of Environmental Protection (PA DEP) as a community treatment
facility.
An on-lot sewage disposal system providing for the disposal
of effluent for one building and its accessory building on a single
lot, subject to the approval of the Sewage Enforcement Officer.
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.
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
An educational institution that provides training beyond
the secondary school curriculum and that is authorized by the commonwealth
to award associate, baccalaureate or higher degrees.
An accredited institution of learning that offers elementary
and secondary-level instruction or that offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
The area required for one individual to sit on as regulated
by the Uniform Construction Code (UCC).
See "mini-warehouse or self-storage facility."
See "automobile service station."
See "building setback line."
See "perimeter setback."
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or, if such person be female, breast.
A business, agency or person that, 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.
See "outdoor shooting range."
See "planned shopping center."
See "lot line, side."
See "yard, side."
Any structure or device used to attract attention by word or graphic display. (See Article XVIII for regulations governing signs.)
The entire area upon which graphic or written material or
information is placed for viewing from a single direction.
See "height of sign."
See "nonconforming sign."
See § 350-114C for definition.
See definitions for various types and classes of signs in Article XVIII.
See Subsection B under "dwelling types."
See Subsection A under "dwelling types."
See "restaurant, sit down."
A tract of land or one or more contiguous lots proposed for
development.
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
See "use by special exception."
A private outdoor recreational facility accessory to a dwelling
for personal use by the residents comprised of an all-weather surface
designed for regulation play of tennis, basketball, handball or similar
games.
A legally chartered organization for the pursuit of hunting,
fishing, marksmanship and related activities that may or may not include
a clubhouse and that has a roster of membership and a regular calendar
of activities limited to members and their guests.
See "boarding stable."
See "private stable."
A covered or uncovered porch located at a front, side or
rear door to a dwelling unit not exceeding 24 square feet in area.
An accessory structure, as defined herein, not intended for
human occupancy, used exclusively for storage of personal property
owned by the residents of the dwelling to which the structure is accessory.
A retail establishment that sells candy and/or ice cream
and that 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.
A retail store with a gross floor area of 7,500 square feet
or less, offering a limited selection of grocery, household and personal
items for quick purchase and that may include the dispensing of gasoline.
A retail establishment with a gross floor area of 10,000
square feet or more that sells prescription drugs, patent medicines,
surgical and sickroom supplies and that also may sell cosmetics, household
goods and a limited selection of food products.
A retail store where customers drop off and pick up clothing
and household items for dry cleaning that does not involve any dry
cleaning on the premises, but that may include tailoring or pressing
on the premises.
A retail establishment that has a gross floor area of no
more than 10,000 square feet and that offers for sale specialty or
gourmet food items or meats or groceries that are packaged and are
not available for consumption on the premises.
A retail business that offers a sampling of a wide variety
of merchandise categories, including, but not limited to: automotive,
apparel, garden center, cards and gifts, crafts, groceries, drugs
and sundries, jewelry, hardware, home decorating items, household
furnishings, pet supplies, small appliances, sporting goods, toys
and similar products.
A retail establishment in excess of 10,000 square feet of
gross floor area 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.
A retail store that sells one or more of the following items:
furniture, lighting, linens, window coverings, floor coverings, interior
decorating items and similar products used to decorate the interior
of a dwelling.
Any establishment not otherwise specifically defined in this
article that sells commodities and/or services on the premises directly
to consumers, but not including the manufacturing or processing of
any products or wholesale sales.
A retail establishment offering video cassettes, DVDs, Blu-ray
Discs or other prerecorded movies or video games for sale or rent
and that may offer as an accessory use, the sale of related snack
items.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between any floor and the ceiling
next above it, excluding cellars.
A public or private recorded right-of-way that affords primary
means of vehicular access to abutting property, but not including
alleys.
A public street that serves large volumes of high-speed and
long-distance traffic. Streets classified as arterial in the Township
for the purposes of interpreting this chapter are: PA Route 366 (Greensburg
Road) and PA Route 780 (Seventh Street Road).
See "center line of a street."
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 Township are: Merwin Road (SR 4032), Milligantown
Road (SR 4077), Schafer Road (SR 4075), Upper Drennen Road (SR 4065)
and White Cloud Road (SR 4073).
Any public street not defined herein as an arterial or a
collector street.
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.
A public right-of-way dedicated and open for public use that
has been adopted by the Township, county, commonwealth or other governmental
body.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "height of structure."
See "nonconforming structure."
One or more dwelling units, each of which are designed for
occupancy by more than three unrelated individuals who are enrolled
in classes at a postsecondary school, as defined herein, which may
or may not have common bathroom, cooking and eating facilities, regardless
of whether the building is privately or publicly owned. Fraternity
houses, sorority houses and dormitories are included in this definition.
The division of a lot, tract or parcel of land by any means
into two or more lots, tracts or parcels or other division of land
including any 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 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.
A commercial establishment engaged in storing and selling
building supplies, industrial supplies or feed and grain primarily
to businesses, rather than the general public.
See § 350-114C for definition.
A professional surveyor registered in the Commonwealth of
Pennsylvania.
Any body of water or receptacle for water having a depth
at any point greater than two feet and a surface area greater than
100 square feet, used or intended to be used for swimming or bathing
and constructed, installed or maintained outside any building, including
aboveground and in-ground swimming pools.
See "bar or tavern."
See "construction trailer, temporary."
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.
Approval prerequisite to final approval of a planned residential development granted by the Board of Supervisors in accordance with Article XIV of this chapter.
See "lot, through."
See Subsection I under "dwelling types."
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
The Board of Supervisors of the Township of Upper Burrell,
Westmoreland County, Pennsylvania.
An analysis prepared by a qualified traffic engineer, in accordance with the technical requirements specified in Chapter 292, Subdivision and Land Development, as now or hereafter amended, calculating the expected trip generation from a proposed development using the current manuals of the Institute of Transportation Engineers (ITE) for methodology and trip-generation ratios and analyzing the impact of the traffic generated by the proposed development on the capacities and levels of service of all streets and intersections in the vicinity of the site.
See Subsection J under "dwelling types."
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.
A facility to accommodate the fueling, routine maintenance
and storage of trucks and other motorized equipment and trailers and
that may provide warehousing and transfer facilities, as accessory
uses.
See Subsection C under "dwelling types."
The purpose, business or activity for which any land or structure
is utilized.
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.
See "conditional use."
See "nonconforming use."
A departure from the specific regulations of this chapter
that may be granted by the Zoning Hearing Board in accordance with
the criteria established by the Pennsylvania Municipalities Planning
Code (Act 247 of 1968, as amended)[8] for a particular piece of property that, because of special
circumstances applicable to it, cannot be developed in compliance
with the literal terms of this chapter without undue physical hardship.
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.
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.
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.
See "commercial vehicle."
See "recreational vehicle."
An establishment where animals are examined and treated by
veterinarians and that may include indoor kennels for temporary boarding
of animals during treatment.
See "store, video."
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 films, movies, videos
or visual reproduction of any kind depicting or describing nudity
or sexual conduct, or persons who appear in a state of nudity or who
offer performances or presentations characterized by "nudity" or "sexual
conduct," as defined by this chapter.
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing that is incidental to retail sales and that
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
A graded pad designed and constructed for the drilling of
one or more oil and gas wells.
[Added 7-21-2011 by Ord. No. 5-2011]
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.
See "lot width."
A required open space located on a lot that is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
A yard extending between the side lot lines across the full
lot width from the front lot line to a line parallel to, or concentric
with, the front lot line known as the front building line, the minimum
horizontal distance required by this chapter.
A yard extending between the side yards of the lot parallel
to the rear lot line and being the minimum horizontal distance from
the rear lot line required by this chapter.
A yard extending from the required front building line to
the rear lot line parallel to the side lot line, the minimum horizontal
distance from the side lot line required by this chapter.
A change to the text of this chapter or to the Zoning District
Map proposed for adoption by the Board of Supervisors pursuant to
the procedures specified in this chapter.
A document issued by the Township Zoning Officer stating
that the proposed use of a particular structure, building or lot conforms
to the requirements of this chapter and any conditions attached to
the approval in the case of a conditional use or use by special exception.
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.
The official map delineating the zoning districts of Upper
Burrell Township, Westmoreland County, Pennsylvania, together with
all amendments subsequently adopted which are incorporated in and
made a part of this chapter by reference thereto.
The Zoning Hearing Board of the Township of Upper Burrell,
Westmoreland County, Pennsylvania.
That person appointed by the Upper Burrell Township Board
of Supervisors and charged with the responsibility of administering
and enforcing this chapter.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: Appendix B is included at the end of this chapter.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[5]
Editor's Note: See 58 P.S. § 601.101 et seq.
[6]
Editor's Note: "This ordinance" refers to Ord. No. 5-2011.
[7]
Editor's Note: See 65 P.S. § 271 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
