Borough of West View, PA
Allegheny County
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Table of Contents
Table of Contents
[Amended 2-2-1977 by Ord. No. 1191; 9-8-2010 by Ord. No. 1456]
Unless a contrary intention appears clearly, the following words and phrases shall have for the purpose of this chapter the meanings given in the following clauses. Any word or phrase not defined specifically herein is intended to be used with its meaning in standard usage.
For the purpose of this chapter, words and phrases used herein shall be interpreted as follows:
Words used in the present tense include the future.
The word "person" includes a corporation, partnership, association or other legal entity as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" is mandatory.
The words "used" or "occupied" as applied to any land or building shall be constructed to include the words "intended, arranged or designed to be occupied."
Words used in the singular number shall include the plural and the plural for the singular, unless the context indicates clearly to the contrary.
The words "West View Borough" and "Borough" refer to the Borough of West View.
The word "Commission" and the words "Planning Commission," refer to the West View Borough Planning Commission.
The words "governing body" or "Borough Council" refer to the Town Council of the Borough of West View.
The words "municipal" or "municipality" refer to West View Borough.
The word "Board" or the words "Zoning Hearing Board" refer to the West View Borough Zoning Hearing Board.
The words "Comprehensive Plan" refer to the West View Borough Strategic Plan.
The words "Strategic Plan" refer to the West View Borough Strategic Plan.
The following definitions shall apply to this chapter:
See "building, accessory."
See "use, accessory."
A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
A right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties, and is not intended for general traffic circulation.
As applied to a building or structure, a change or rearrangement in the structural parts, or in the exit facilities, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams, foundations or girders; any substantial change in the roof or the piercing of exterior walls.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
[Added 12-11-2014 by Ord. No. 1484]
Multifamily dwelling units where individual dwelling units share a common access. Each unit shares with other units a common yard area.
Every 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.
The sum of the areas of the several floors of the building or structure, as measured from the exterior faces of the walls. It does not include basements, unenclosed porches, attics not usable for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
The area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way, or the area of any easement which would interfere with the proposed use. For all proposed residential uses having a lot area greater than one acre, there shall be an area within the overall lot of at least one acre for the primary building, accessory building, driveways, parking areas and on-site sewer and water systems. This area shall not contain floodplains, lakes, ponds, or watercourses. For all proposed residential uses having a lot area of one acre or less, the lot area shall not contain any of these noted natural features.
A major street serving as a principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunications between large areas.
An establishment for the custody, loan, exchange or issue of money; the office of a banking company.
An enclosed area partly or completely below grade. No basement or cellar in a dwelling may contain a dwelling unit.
An owner-occupied single-family dwelling containing a common kitchen and dining room, in which not more than five guest bedrooms for lodging, long- or short-term, are provided for compensation and in which meals for lodgers may also be provided. This use shall not include group homes.
Refers to the West View Borough Zoning Hearing Board.
A person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (motel or hotel).
A dwelling, or part thereof, in which lodging is provided for compensation by an owner or operator to three or more nontransient adults who are unrelated to the provider, and who require no special assistance or service beyond food and shelter.
Refers to the Borough of West View.
The portion of lot bounded by required yards.
A structure under roof, used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof and refers to the main building.
A subordinate building located on the same lot as a main building and clearly incidental and subordinate to the main building. Any portion of a main building devoted to an accessory use is not an accessory building.
A building in which is conducted, or is intended to be conducted, the primary use of the lot on which it is located.
A vertical distance measured from the average elevation of the proposed finished grade around and at the structure to the highest point of the roof and flat roofs, to the deck lines of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
The person appointed by the Borough to such Office or any duly authorized deputy of such Building Inspector.
A line parallel to the lot line, a distance therefrom as prescribed in this chapter for a required yard and, where there is no required yard, then the lot line.
An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.
The minimum distance between two buildings. The minimum building spacing shall be measured from the outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters. These exceptions may encroach no more than two feet.
A building, or portion thereof, wherein:
One or more vehicles may be washed simultaneously using mechanized laundry equipment; or
A self-service car wash within a partially enclosed structure.
See "basement."
See "street."
A street which carries traffic from minor streets to arterial or major streets, including the principal entrance streets of a residential development and the streets for circulation within such a development.
The mounting of one or more WCFs, including antennae, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
[Added 12-11-2014 by Ord. No. 1484]
The act of cutting live trees for cord wood, pulp, or any other commercial purpose, excepting therefrom the clearing of no more than one acre of wooded area on a lot per year or the clearing of land which is incidental to imminent development, as defined herein.
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of resident sofa development, not including streets, off-street parking areas, and areas set aside for public facilities.
A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
The division of an existing single-family detached dwelling to two or more apartments as defined herein.
An open, unoccupied space, other than a yard, bounded on two sides or more, with a building, and beginning at main floor or grade level unless otherwise permitted.
An establishment in which care is provided for a fee, and where the care areas are not being used as a family residence and the provider meets the requirements of day-care facilities as specified by the Commonwealth of Pennsylvania, Department of Public Welfare, the Borough Building and Fire Codes, and which is registered with the Borough.
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.
That ratio of the total number of dwelling units to the total acreage comprising a given parcel.
That ratio of the total number of dwelling units to the acreage within a given tract of land devoted to residential use, including streets, parking areas and open space, yards and courts which abut and serve residences, but exclusive of those areas devoted to common space, those areas containing grades (slopes) of 25% or greater after development, and those areas preserved by virtue of their significance or unique natural amenity.
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 12-11-2014 by Ord. No. 1484]
A minor vehicular way providing access between a street and a parking area or garage within a lot or property.
A single-family dwelling unit in combination with an existing or permitted office or commercial use, provided parking requirements for the nonresidential units are met.
A dwelling, the framework, siding, walls, floors, ceilings or roof of which is constructed at some point other than the lot upon which it is to be placed and the plans and specifications of which have been approved by the Planning Commission in the case of each and every application for a building permit therefor.
Any room or group of rooms located within a residential building and forming a single, habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating by one family.
A grant of the specified use of a parcel of land to the public, a corporation or a person. Any structure within an easement shall conform to zoning district requirements in which it is located.
An establishment designed and operated for the express purpose of providing food and beverage service within the confines of a structure and generally excluding any encouragement, orientation or accommodation of services or products to the patron's automobiles on or within the premises. The sale of alcoholic beverages must be incidental to the sale and consumption of food.
An eating place where food is inexpensive or moderately priced and the customer turnover time is generally less than one hour, including drive-in and takeout establishments.
An eating place where food is more expensive and where the customer turnover time is generally one hour or longer.
An eating place characterized by a limited menu and generally catering to drive-through traffic.
A condition that: 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
[Added 12-11-2014 by Ord. No. 1484]
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 that due to, but not limited to steep slopes, wetlands, landslide prone hillsides, undermining, or watershed issues requires a more thorough evaluation of the impacts of development in order to protect the health, safety, and general welfare of the community at large.
The removal of surface materials by the action of natural elements.
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communication, supply or disposal systems and their essential buildings.
One or more persons related by blood, foster relationship, marriage or adoption and, in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household, with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.
A barrier, constructed of materials other than shrubbery and erected for the purpose of protection, confinement, enclosure or privacy.
A fence erected or constructed to block the view of the enclosed property.
A fence erected or constructed to serve as a barrier to persons, animals or vehicles entering the property.
A piece of cloth or similar material varying in size, color and design, used as a symbol, standard or emblem.
Any streams, ponds or lakes subject to a 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. In addition, any areas identified in the future by studies, and/or the determination of flood lines, so long as they are subject to the review by experts experienced in the preparation of hydrological evaluations, and upon approval of a professional engineer selected by the Borough.
See "area."
Land and buildings used by a nonprofit fraternal organization, which organization is dedicated primarily to the education, entertainment and betterment of its members and to charitable purposes, the use of which land and buildings may include lodge and meeting rooms, auditorium and related stage facilities, office areas ancillary to the activities of the nonprofit fraternal organization and relates uses.
All the property, measured along the street line, fronting on one side of a street between intersections or intersecting streets, or a street and waterway, or right-of-way, or end of dead-end street, or municipal boundary.
A building or portion thereof to be used for the storage or servicing of vehicles, but not including automobile sales.
A garage, one story in height, arranged with a common means of access for the use of the occupants of the same, or adjacent or nearby property, or customers or organization members.
A garage with a capacity of not more than three vehicles for storage only, in which space for only one vehicle may be rented to a person who is not an occupant of the premises.
Any garage available to the general public not included within the definition of "private garage." This includes public parking structure or ramps.
Any premises used for the storage and/or sale at retail of gasoline, petroleum products and automotive accessories and/or the rendering of services in connection with these products, including inspection, greasing, washing, polishing, servicing and adjustment of vehicles. An automobile car rental service is permitted, provided that the number of vehicles visible on the premises at one time does not exceed three vehicles (trucks, cars or trailers). This definition does not include separate automobile laundering or washing facilities commonly known as a "car wash" or "auto spa."
A facility, licensed or certified by a governmental or sponsoring agency, which provides room and board and specialized services for six or more residents who are mentally or physically handicapped or any number of residents who are recovering alcoholics, abused or battered persons, persons in a prison work-release program or delinquent children adjudicated by the criminal court system under the age of 18 who are in need of supervision for specialized health, social and/or rehabilitative services.
A dwelling where room and board is provided to not more than five permanent residents, including and limited to dependent children (excluding those adjudicated by the criminal court system), mentally retarded or physically handicapped persons of any age or elderly persons, 62 or more years of age, who are in need of supervision and specialized services and no more than two supervisors on any shift who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents, or any other responsible nonprofit social services corporation and the facility shall meet the minimum requirements of the sponsoring agency. A group home shall be considered a single-family dwelling and shall be authorized wherever a single-family dwelling is permitted subject to the requirements of the district applicable to single-family dwellings.
A full scale health services community and campus and hospital complex or any elements thereof, which shall include any one or more of the following uses: hospitals, clinics, weight loss clinics, teaching and research facilities; heliports and related facilities; laboratories; supply facilities for medical equipment and accessories (e.g., dentures, geriatric aids, wheelchairs, crutches, walkers, home beds and bathroom accessories for the disabled, hairpieces, wigs and other hair products for cancer patients, hearing aids, orthopedics, oxygen tanks, prosthetics, sports medicine bicycles, weights and whirlpools, uniforms, lab equipment and religious supplies; child-care facilities; nursing facilities; nursing homes; sports medicine facilities; life care facilities (long-term care, skilled nursing and continuing care facilities); dormitories; hotels, motels and other lodging which are primarily accessory or incidental to the operation of a health care campus; parking, including parking structures; conference centers; automated teller machines ("ATM"); hospital-related pharmacies; medical school bookstore; auto center for the maintenance of hospital/medical vehicles; post office substation (as opposed to a full-service post office); food preparation and serving facilities; and medical office buildings, healthcare administrative buildings and other office buildings primarily incidental or accessory to the operation of the health care campus or other health related operations. "Ancillary retail" shall mean retail businesses, including but not limited to retail shops, barbershops and beauty shops, dry cleaners and shoe repair shops, banking facilities, pharmacies (other than hospital-related) and restaurants which are primarily accessory or incidental to the operation of a health care campus.
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennae mounted on the tower and any other appurtenances.
[Added 12-11-2014 by Ord. No. 1484]
A street or road of considerable continuity used primarily as a traffic artery.
An activity for gain customarily carried on in a dwelling clearly incidental and secondary to the use of the dwelling for residential purposes.
An establishment (including sanitariums) for the short-term care of patients suffering from physical or mental illnesses, but not including narcotic addiction or those found to be criminally insane, and which may or may not include facilities for major surgery and which may be publicly or privately operated.
A residential building containing three or more dwelling units where each dwelling unit is designed to be occupied by at least one person who is 55 years of age or older and which may contain special accessory features associated with the needs of the elderly which are not usual in the construction of multifamily dwellings, including but not limited to common dining facilities, branch post offices, personal services, gift shops, pharmacies, medical offices and similar facilities.
Development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum: eight hours per day, 40 hours per week basis, utilizing a five on, two off standard work week basis within 30 days of the completed cutting activated and for which a development plan has been submitted and approved by the Borough.
Those surfaces with a coefficient of runoff greater than 0.85. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by a professional engineer selected by the Borough to be impervious within the meaning of this definition will also be classified as impervious surfaces.
Health-related care and services, above the level of room and board, provided on a regular basis to resident individuals who do not require hospital or skilled nursing care, but who, because of mental or physical condition, require services under a plan of care supervised by licensed and qualified personnel.
An area of land, with or without buildings, used for the storage outside of a completely enclosed building, or used or discarded materials, including but not limited to wastepaper, rags, glass, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
Natural or artificial bodies of water which retain water year round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool if there is any difference. Lakes are bodies of water two acres in extent.
See "boarder."
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
A lot which has an interior angle of less than 135° at the intersection of two street lines.
The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
A legally created parcel held under separate ownership at the time of the enactment of this chapter or a lot in a plan of lots or subdivision plat of record on the date of the enactment of this chapter or a lot in a plan of lots or subdivision plat of record on the date of the enactment of the former Zoning Ordinance,[1] that is shown to be either a separate and distinct numbered lot, or a lot at least equal in area to the recorded lots in the same plan; also a separate and distinct numbered lot in a plan of lots or subdivision plan officially and authoritatively approved.
[Amended 9-12-2013 by Ord. No. 1472]
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.
[Added 12-11-2014 by Ord. No. 1484]
All non-tower wireless communications facilities, including but not limited to antennae and related equipment. Non-tower WCF shall not include support structures for antennae or any related equipment that is mounted to the ground or at ground level.
[Added 12-11-2014 by Ord. No. 1484]
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development land for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
See "building."
See "use."
Any procedure, function or establishment limited to members of an organization or to other persons specifically invited or permitted where no advertisement or inducement has been made to the general public.
A private way used or intended to be used for passage by motor vehicles.
Of, or pertaining to, buildings, structures, uses or activities belonging to, or affecting, any duly authorized governmental body, available for common or general uses by all.
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
Publicly owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by the Borough Council or 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," 65 P.S. § 271 et seq.[2]
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
Leisure-time activities, including but not limited to sports and entertainment, that are open to anyone without restriction, except for rules and standards of conduct and use.
Land or a building and its equipment erected and used for the purpose of facilitating service to the public, including off-street loading facilities for public conveyances; but where approved by the Public Utilities Commission for location in a residential district, shall not include public business office facilities, storage of materials, trucks or repair facilities, or housing or repair crews. See also "essential services."
The utilization of land, buildings and structures for athletic or educational amusement and/or diversion, providing that facilities are erected on such land for the accommodation of such use, such land, buildings, structures and facilities being owned and operated by a person, firm, corporation, association, charity, or other entity.
Any piece of equipment related to, incident to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, related equipment includes generators and base stations.
[Added 12-11-2014 by Ord. No. 1484]
Any structure or structures used for worship or religious instruction, including social and administrative rooms, and day-care facilities accessory thereto, but not including any activity conducted for profit.
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
That area of a structure used for displays and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public, including but not limited to retail stores, shops, sales rooms and markets.
The legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
The right-of-way deemed necessary as appropriate to provide adequate width for future street improvements.
Land set aside for use as a street, alley or other means of travel. With respect to use by utilities, see "easement."
See "boarder."
Any public, private or parochial place of instruction having regular sessions, with regularly employed instructors, which teaches those academic subjects that are fundamental and essential in general education and which provide pre-primary and/or kindergarten through 12th grade, or a vocational school, all meeting the requirements of the Department of Education of the Commonwealth of Pennsylvania, but excluding any privately operated school of trades, vocations, avocations or business.
A building or group of buildings containing one or more individual compartmentalized storage units for inside storage of customers goods or wares where no unit exceeds 500 square feet in floor area.
Nonprofit organizations requiring registration and/or membership, including fraternal organizations, lodges, swimming clubs, tennis clubs or other athletic clubs.
Places of religious worship, parsonages and other related functions, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
An on-lot disposal system providing for disposal of effluent for one building and its accessory building on a single lot subject to the approval of the Allegheny County Health Department.
Any sewer system, owned and operated by the Borough or authority created by the Borough, in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as an "off-site sewer." This shall include capped sewers when installed to Borough specifications.
A group of retail stores and other authorized uses developed as a single entity on a site whether developed at one time or in phases or by different owners.
Dwellings for the purpose of housing a single family as defined herein, situated on individual lots with no public or community open space. All dwelling units shall be situated on permanent masonry foundations, including footings constructed below the frost line.
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
All land area within the site as defined in the deed; actual area shall be from actual site survey rather than deed description.
Professional supervised nursing care and related medical or other health services provided for a period exceeding 24 hours to an individual who is not in need of hospitalization but whose needs are such that they can only be met in a nursing home on an inpatient basis and who needs the care because of age, illness, disease, injury, convalescence or physical or mental infirmity. This term includes the provision of daily inpatient services that are needed on a daily basis by the patient, ordered by a physician, which require the skills of and are furnished directly by or under the supervision of technical or professional personnel, including but not limited to registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech pathologists or audiologists.
The ratio of the vertical change in elevation of land over a specified distance, often expressed as a percent.
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq. and § 10901 et seq.
Camouflaging methods applied to wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
[Added 12-11-2014 by Ord. No. 1484]
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 the floor and the ceiling next above it. A basement shall be considered a building story if more than 1/3 of the walls are five feet or more above the average exterior grade.
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way, provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.
Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
Includes parking spaces for the parking of passenger automobiles, fences, walls, storage sheds, bath houses, private greenhouses, carports, facilities for domestic servants or caretakers employed on the premises, facilities for occasional gratuitous guests, recreational facilities such as tennis courts, paddle tennis platforms and swimming pools.
Includes commercial accessory buildings or structures, or uses customarily incidental to the uses permitted in the commercial and industrial districts in connection with such uses, except outside storage.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the 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.
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennae; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
[Added 12-11-2014 by Ord. No. 1484]
Any pool which is constructed, used or maintained to provide recreational facilities for swimming, bathing or wading, and which is capable of containing water to a depth of greater than 12 inches and all buildings, equipment and appurtenances thereto.
An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.
Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 12-11-2014 by Ord. No. 1484]
Single-family, attached dwelling unit, with one dwelling unit from ground to roof, having no more than two walls in common and each unit having individual outside access. In any one structure containing townhouses, three units is the minimum number permitted and six units is the maximum number permitted.
Single-family, semidetached dwelling unit having only one wall in common with any other dwelling unit. Duplex and double house are both two-family dwelling unit types.
Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
A use located on the same lot with a main use and clearly incidental or subordinate to and in connection with the principal use.
The primary use on a lot.
A primary use of a land site or portion of a land site for a temporary period of time. This includes, but is not limited to, carnivals, circuses, outdoor gatherings (not neighborhood block parties), fairs, street vendors and/or seasonal/holiday events or sales.
Activities and facilities accessory to the development and construction of a permanent principal use or dwelling, usually a mobile home, temporarily allowed on the same lot with a permanent principal dwelling. Land development accessory uses include, but are not limited to, tents, trailers and mobile home offices for contractors, caretakers, equipment storage, real estate sales office and model home.
Those services customarily rendered by public utility corporations, municipalities or municipal authorities in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (building, wires, pipes, poles and the like).
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
Any land or structure used for a salvaging operation of two or more unlicensed, inoperative vehicles. Salvaging includes storage and sale of vehicular parts or vehicles.
An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Borough.
Dedicated public or private thoroughfare other than a street. Not to be construed to include right-of way.[3]
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 12-11-2014 by Ord. No. 1484]
The antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added 12-11-2014 by Ord. No. 1484]
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.
[Added 12-11-2014 by Ord. No. 1484]
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
[Added 12-11-2014 by Ord. No. 1484]
Areas, groves or stands of mature or largely mature trees (i.e., greater than six-inch caliper (diameter) at a height of 14 inches above the ground, covering an area greater than 0.25 of an acre; or groves of mature trees greater than twelve-inch caliper at a height of 14 inches above the ground consisting of more than 10 individual trees.
An open space unobstructed from the ground up, on the same lot with a structure extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
A yard between a structure and a street line and extending the entire length of the street line.
A yard between a structure and a rear lot line and extending the entire length of the rear lot line.
A yard between a structure and a site lot line, extending from the front yard to the rear yard in the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
Single-family detached dwelling unit located in such a manner that on one or more of the building's sides rests directly on a lot line.
A section of the Borough for which uniform regulations governing the use, height, area density and intensity of use of buildings and land and open space about buildings are herein established.
Editor's Note: The former Zoning Ordinance was adopted 3-12-1963.
Editor's Note: Former 65 P.S. § 271 et seq. was repealed 10-15-1998 by P.L. 729, No. 93; see now Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
Editor's Note: The former definitions of "wireless communications antenna," "wireless communications equipment building" and "wireless communication tower," which immediately followed this definition, were repealed 12-11-2014 by Ord. No. 1484.