[Amended 2-2-1977 by Ord. No. 1191; 9-8-2010 by Ord. No. 1456]
A.Â
Unless a contrary intention appears clearly, the following words
and phrases shall have for the purpose of this chapter the meanings
given in the following clauses. Any word or phrase not defined specifically
herein is intended to be used with its meaning in standard usage.
B.Â
For the purpose of this chapter, words and phrases used herein shall
be interpreted as follows:
(1)Â
Words used in the present tense include the future.
(2)Â
The word "person" includes a corporation, partnership, association
or other legal entity as well as an individual.
(3)Â
The word "lot" includes the word "plot" or "parcel."
(4)Â
The term "shall" is mandatory.
(5)Â
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."
(6)Â
Words used in the singular number shall include the plural and the
plural for the singular, unless the context indicates clearly to the
contrary.
(7)Â
The words "West View Borough" and "Borough" refer to the Borough
of West View.
(8)Â
The word "Commission" and the words "Planning Commission," refer
to the West View Borough Planning Commission.
(9)Â
The words "governing body" or "Borough Council" refer to the Town
Council of the Borough of West View.
(10)Â
The words "municipal" or "municipality" refer to West View Borough.
(11)Â
The word "Board" or the words "Zoning Hearing Board" refer to
the West View Borough Zoning Hearing Board.
(12)Â
The words "Comprehensive Plan" refer to the West View Borough
Strategic Plan.
(13)Â
The words "Strategic Plan" refer to the West View Borough Strategic
Plan.
The following definitions shall apply to this chapter:
ACCESSORY BUILDINGSee "building, accessory."
ACCESSORY USESee "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.
STRUCTURALAny 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.
FLOOR AREA (GROSS)The sum of the areas of the several floors of the building or structure, as measured from the exterior faces of the walls. It does not include basements, unenclosed porches, attics not usable for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way, 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.
BUILDING, ACCESSORYA 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.
BUILDING, PRINCIPALA 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:
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.
GROSS DENSITYThat ratio of the total number of dwelling units to the total acreage comprising a given parcel.
NET DENSITYThat ratio of the total number of dwelling units to the acreage within a given tract of land devoted to residential use, including streets, parking areas and open space, yards and courts which abut and serve residences, but exclusive of those areas devoted to common space, those areas containing grades (slopes) of 25% or greater after development, and those areas preserved by virtue of their significance or unique natural amenity.
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.
DWELLING IN COMBINATIONA single-family dwelling unit in combination with an existing or permitted office or commercial use, provided parking requirements for the nonresidential units are met.
DWELLING, PREFABRICATEDA 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.
DWELLING UNITAny 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.
HIGH TURNOVERAn 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.
LOW TURNOVERAn eating place where food is more expensive and where the customer turnover time is generally one hour or longer.
FAST FOODAn 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.
FENCE, PRIVACYA fence erected or constructed to block the view of the enclosed property.
FENCE, SECURITYA 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.
COMMUNITY GARAGEA 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.
PRIVATE GARAGEA 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.
PUBLIC GARAGEAny 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.
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines.
DEPTH OF LOTThe 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.
LEGAL LOTA 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.
PRINCIPAL BUILDINGSee "building."
PRINCIPAL USESee "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.
Includes:
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.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary as appropriate to provide adequate width for future street improvements.
RIGHT-OF-WAYLand 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.
PRIVATE SEWERAn 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.
PUBLIC SEWERAny 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.
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.
STRUCTURE, ACCESSORY RESIDENTIALIncludes 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.
STRUCTURE, ACCESSORY COMMERCIALIncludes 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.
USE, ACCESSORYA use located on the same lot with a main use and clearly incidental or subordinate to and in connection with the principal use.
USE, MAINThe primary use on a lot.
USE, TEMPORARY PRINCIPALA 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.
USE, TEMPORARY ACCESSORYActivities 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).
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.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a 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.
[1]
Editor's Note: The former Zoning Ordinance was adopted 3-12-1963.
[2]
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.
[3]
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.
