The following words and phrases shall have the
particular meaning specified for the purpose of interpreting this
chapter:
A-FRAME SIGN
See "sign, A-frame."
[Added 9-13-2022 by Ord. No. 477]
ACCESS
A means of providing vehicular or pedestrian ingress and
egress to and from a property.
ACCESSORY USE OR STRUCTURE
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and that may occupy a separate structure
and/or area on or in the ground, including, but not limited to, storage
sheds or other storage structures, off-street parking, signs, off-street
loading, gazebos, children's playhouses, greenhouses for personal
use, garages, swimming pools, detached decks, fences and similar structures.
ADJACENT; ADJOINING
Sharing common property lines uninterrupted by any alley,
public street or private street right-of-way.
ADULT ARCADE
Any place where the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time and where the images displayed are sexually
explicit or depict nudity or sexual conduct, as defined herein.
ADULT BOOKSTORE OR VIDEO STORE
An establishment having a substantial or significant portion
of its stock-in-trade, including, but not limited to, videocassettes,
movies, books, magazines and other periodicals, which is distinguished
or characterized by its emphasis on matters depicting, describing
or relating to nudity or sexual conduct, as defined herein, or an
establishment with a segment or section devoted to the sale or display
of such material.
ADULT BUSINESS
Any of the following uses, as defined herein: adult arcade,
adult bookstore or video store, adult novelty store, adult live theater,
adult mini motion-picture theater, adult motion-picture theater, adult
motel, adult newsrack, adult nightclub, bathhouse, body-painting studio,
escort service, massage parlor, nude model studio or sexual encounter
or meditation center, and any other use of a premises, not specifically
defined herein, that includes or primarily offers to its patrons or
members retail goods, commercial services or entertainment that is
characterized by an emphasis on matter or activities depicting, describing
or relating to nudity or sexual conduct, as defined herein.
ADULT ENTERTAINMENT
Movies, videos, still or motion pictures, photographs, slides,
films or other visual representation, books, magazines or other printed
material or live dramatic, musical or dance performances that are
sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATER
Any commercial establishment which features live shows for
public viewing in which all, or some, of the performers are displaying
nudity or engaging in sexual conduct, as defined herein.
ADULT MINI MOTION-PICTURE THEATER
A completely enclosed building, as defined herein, with a
capacity for accommodating fewer 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.
ADULT MOTEL
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
A completely enclosed building, as defined herein, with a
capacity for accommodating 50 or more persons used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to nudity or sexual conduct, as defined herein,
for observation by patrons therein.
ADULT NEWSRACK
Any coin-operated machine or device that dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
ADULT NIGHTCLUB
Any nightclub, as defined herein, that offers adult entertainment,
as defined herein.
ADULT NOVELTY STORE
Any commercial establishment offering one or more of the
following items for sale to the general public: apparel, accessories
and performance aids used to enhance or participate in sexual conduct.
AGRICULTURAL SALES
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.
AGRICULTURAL ZONING DISTRICT
A zoning district where the primary permitted principal uses
are agricultural, and the intent is to create or maintain an agricultural
neighborhood. These districts may also include compatible residential
and nonresidential uses.
[Added 9-13-2022 by Ord.
No. 477]
AGRICULTURE
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.
AISLE
A paved area of a minimum width specified by this chapter
that provides direct access to one or two rows of parking spaces and
connects those parking spaces with the driveways that provide circulation
through a parking area.
ANIMAL SHELTER
Any premises used for the care and protection of domestic
pets rescued by humane officers or volunteers, whether on a permanent
basis or temporarily until the animals can be relocated, and that
may or may not include a kennel.
APIARY
Any place where one or more colonies of bees are kept; a
collection of beehives.
[Added 1-24-2017 by Ord. No. 460]
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
ARCADE SIGN
See "sign, arcade."
[Added 9-13-2022 by Ord. No. 477]
ARCHITECT
A registered professional architect licensed as such by the
Commonwealth of Pennsylvania.
ASSISTED-LIVING FACILITY
A residential building or group of buildings designed to
provide multifamily dwelling units for elderly or physically or mentally
disabled persons who are independently mobile and are not in need
of the level of service provided by a personal-care 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.
AUTOMOBILE SERVICE STATION
A retail establishment that provides for one or more of the
following activities:
A.
The servicing of motor vehicles and operations
incidental thereto and limited to the retail sale of petroleum products
and that may include one or more of the following activities: retail
sales and installation of automotive accessories; automobile washing
by hand; undercoating and rustproofing; waxing and polishing of automobiles;
tire changing and repairing (excluding recapping); battery service,
changing and replacement, excluding repair and rebuilding; radiator
cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; and state inspection; and/or
B.
The following operations, if conducted within
a completely enclosed building, as defined by this chapter: lubrication
of motor vehicles; replacement of exhaust systems; brake servicing
limited to servicing and replacement of brake cylinders, lines and
brake shoes; wheel balancing; the testing, adjustment and replacement
or servicing of carburetors, filters, generators, points, rotors,
spark plugs, voltage regulators, water and fuel pumps, water hoses
and wiring; and/or
C.
The operation of a convenience food store, provided
retail sale of petroleum products is a part of the operation.
BAKERY
A retail establishment that sells baked goods, including
the baking of goods when prepared for retail sales on the premises
only and not for distribution to another retail outlet.
BAR or TAVERN
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.
BATHHOUSE
An establishment that provides baths of all kinds, including
methods of hydrotherapy involving nudity or sexual conduct, but not
including hydrotherapy treatment practiced by or under the supervision
of a medical practitioner, such as a medical doctor, physician, chiropractor
or similar professional licensed by the Commonwealth of Pennsylvania.
BEE
Any stage of common hive or honeybee (Apis mellifera) or
other species of genus Apis.
[Added 1-24-2017 by Ord. No. 460]
BEEKEEPER
An owner of an apiary or a person who has charge of an apiary
or one or more colonies of bees in e. The term " Beekeeper" will include
the owner of the property upon which a hive is located.
[Added 1-24-2017 by Ord. No. 460]
BED-AND-BREAKFAST
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.
BEST MANAGEMENT PRACTICES
The policies, procedures and methods contained in the compliance
agreement for beekeepers who are certified by the Pennsylvania Department
of Agriculture.
[Added 1-24-2017 by Ord. No. 460]
BED-AND-BREAKFAST INN
A dwelling which is not the principal residence of the operator
where sleeping rooms are offered to transient overnight guests for
compensation and where breakfast is included with the overnight accommodations
and where other meals may be served or provided to the guests and
the general public.
BEVERAGE DISTRIBUTOR
An establishment licensed by the commonwealth for retail
and wholesale sales to businesses and the general public of beer and
other malt beverages, soft drinks and snacks, but not including the
sale of wine or liquor.
BILLBOARD
Any off-premises sign with a changeable or permanent advertising
face that advertises an establishment, person, activity, product or
service that is unrelated to or not available on the premises on which
the sign is located.
BOARDING STABLE
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.")
BODY-PAINTING STUDIO
Any establishment that provides the service of applying paint
or other substance, whether transparent or nontransparent, to or on
the human body in a state of nudity, as defined herein.
BUFFER AREA
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.
BUILDING
Any structure having enclosing walls and roofs and having
a permanent location on the land intended for the shelter, housing
and/or enclosure of persons, animals or other property. See also "completely
enclosed building."
BUILDING-MOUNTED SOLAR SYSTEM
A solar photovoltaic system attached to any part or type
of roof on a lawfully permitted accessory or principal building on
the subject lot. This system also includes any solar-based architectural
elements.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
BUILDING FOOTPRINT
The area of the lot expressed in square feet that is covered
by the ground floor of a building, measured between exterior faces
of walls. If the floor area of any upper floor exceeds the floor area
of the ground floor by more than 10%, the upper floor shall be used
to determine the building footprint.
BUILDING HEIGHT
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. In calculating the height of a building, habitable
area under the roof (attic or other habitable floor area) shall be
counted as a story. A basement shall be counted as a story if it is
more than six feet above grade for more than 50% of its perimeter
or is more than 12 feet above grade at any point.
[Amended 6-11-2013 by Ord. No. 442]
BUILDING LINE, FRONT
A line parallel to or concentric with the front lot line,
the minimum measurement of which is the front yard depth required
by this chapter. See also "building setback line."
BUILDING PERMIT
A permit issued by the Borough Building Inspector pursuant
to the authority granted by and in conformance with the requirements
of the Uniform Construction Code (UCC).
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent street right-of-way or property line, the minimum
measurement of which is the yard depth required by this chapter.
BUSINESS OR PROFESSIONAL OFFICES
Any office of recognized professions, other than medical
offices or medical clinics, including, but not limited to, lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature, and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions. See also "medical offices"
and "medical clinic."
BUSINESS SERVICES
Establishments engaged in providing services to business
offices on a fee or contract basis, including, but not limited to,
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services, but not including
the rental, sale or repair of vehicles or heavy equipment.
CANDY OR ICE CREAM STORE
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 that shall not include on-site processing of products
for delivery off the premises.
CANOPY SIGN
See "sign, canopy."
[Added 9-13-2022 by Ord. No. 477]
CANTEEN TRUCK
Means a vehicle that operates to provide food services to
workers at locations where access to such services is otherwise unavailable
or impractical (e.g., a construction site); from which the operator
sells food and beverages that require no on-site preparation or assembly
other than the heating of precooked foods; and is not advertised in
any form to the general public except by virtue of signage on the
vehicle. Products sold from canteen trucks may include fruits, vegetables,
precooked foods such as hot dogs, prepackaged foods and prepackaged
drinks.
[Added 8-25-2020 by Ord. No. 473]
CARTWAY
That portion of the street right-of-way that is surfaced
for vehicular use, excluding curbs and shoulders.
CAR WASH
A facility, whether automatic, semiautomatic or manual, where
the principal use is washing and polishing vehicles.
CEMETERY
Property used for the interring of dead persons or domestic
pets, including mausoleums, columbariums, crematoriums and funeral
homes when operated in conjunction with and within the boundaries
of the cemetery.
CENTER LINE OF A STREET
A line that is usually at an equal distance from both edges
of the cartway or established right-of-way.
CERTIFICATE OF OCCUPANCY
A document issued by the Zoning Officer indicating that a
premises for which a building permit and/or a zoning permit has been
issued is ready for occupancy and is in compliance with the provisions
of this chapter and the Uniform Construction Code (UCC), if applicable.
[Amended 3-28-2023 by Ord. No. 479]
CHANGE IN USE OR OCCUPANCY
The discontinuance of a use of a building or lot followed
by the establishment of a different use, whether by the same owner
or tenant or by a new owner or tenant.
CHURCH
A building or buildings, other than a dwelling, used primarily
as a place of worship on a regular basis by a religious denomination
that may also include, as accessory uses, rooms for religious education,
social and recreational activities and administrative offices, rectories,
parsonages, convents, preschool programs and elderly or child day-care
centers.
CLEAR SIGHT TRIANGLE
A triangular area of unobstructed vision at the intersection
of two streets or of a driveway and a street defined by line of sight
a given distance from the intersection of the center lines of two
streets or the center lines of the driveway and the street. (See the
illustration in Appendix A.)
COLONY
An aggregate of bees, consisting principally of workers but
having, when perfect, one queen and at times many drones, including
brood, combs, honey and the receptacle inhabited by the bees.
[Added 1-24-2017 by Ord. No. 460]
COMMERCIAL
A business, enterprise, activity or other undertaking engaged
in for a profit.
COMMERCIAL GREENHOUSE
A retail business that sells flowers, plants, shrubs, trees
and other natural flora and products that aid their growth and care
and that may include a greenhouse and/or the growing of plant material
outside on the lot.
COMMERCIAL VEHICLE
A motor vehicle licensed by the Department of Transportation,
Commonwealth of Pennsylvania, having a gross vehicle weight in excess
of 10,000 pounds; or any other vehicle either motorized, self-propelled
or designed to be towed by another vehicle for use in commercial or
industrial enterprises, such as air compressors, welding units and
the like; or any and all earthmoving equipment, such as bulldozers,
hi-lifts, backhoes, ditching equipment and the like.
COMMON OPEN SPACE
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 residents of a development, not including
streets, off-street parking areas or areas set aside for public facilities.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to, distributed antenna systems (DAS), 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.
[Amended 4-12-2016 by Ord. No. 454]
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
COMMUNITY CLUB
An organization comprised of residents in the neighborhood
in which it is located, the primary purpose of which is the advancement
of its members' interests in recreation, education, cultural or civic
pursuits and activities.
COMPARABLE USE NOT SPECIFICALLY LISTED
A use which is not specifically listed in a particular zoning
district but which is determined by the Zoning Hearing Board, in accordance
with the express standards and criteria set forth in this chapter,
to be similar in characteristics and impacts to another use which
is specifically listed in the same zoning district as a permitted
use, conditional use or use by special exception.
COMPLETELY ENCLOSED BUILDING
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors that are designed so that they
may be kept closed and any other small openings required for the ventilation
system.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Borough that guides the physical
development of the Borough and that consists of maps, charts and textual
matter in accordance with the provisions of the Pennsylvania Municipalities
Planning Code.
COMPRESSOR
A device used alone or in series to raise the pressure of
natural gas and/or byproducts to create a pressure differential to
move or compress a liquid, vapor or gas.
[Added 1-22-2013 by Ord. No. 440]
COMPRESSOR STATION
A facility designed and constructed to compress natural gas
and/or oil that originates from a single well site or a collection
of such well sites, operating as a midstream facility for delivery
of gas and/or oil to a transmission pipeline, distribution pipeline,
processing plant or underground storage field, including one or more
natural gas and/or oil compressors, associated buildings, pipes, valves,
tanks and other equipment.
[Added 1-22-2013 by Ord. No. 440]
CONDITIONAL USE
An authorized use that may be granted only by Borough Council
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.
CONSTRUCTION TRAILER, TEMPORARY
A structure designed, used or constructed to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
CONTRACTING BUSINESS
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and that may include the storage of
materials, equipment and vehicles, provided all materials, equipment
and vehicles are stored within a completely enclosed building, as
defined herein.
CONTRACTOR'S YARD
An establishment that may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis but that involves the outdoor storage of all or part of the
materials, equipment or vehicles used in the business.
CONVERSION APARTMENT
A dwelling unit created within an existing single-family
dwelling in accordance with all applicable requirements of this chapter.
COUNCIL
All references to Council are to the Borough Council of the
Borough of Economy.
COUNTY
Beaver County, Pennsylvania.
CREMATORIUM
An establishment containing a furnace designed to cremate
or reduce to ashes human or animal remains of the deceased.
CUTOFF ANGLE
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted. (See Appendix B.)
DAY-CARE CENTER
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.
DECK or PATIO
Any uncovered outdoor living area, without a roof, in excess
of 24 square feet, constructed on or above the surface of the ground.
DELICATESSEN
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 which may
provide a few tables or a counter for on-premises consumption as an
accessory use and that may include off-premises catering.
DEVELOPER
Any landowner, or agent of such landowner, or tenant, with
the permission of such landowner, who makes or causes to be made a
subdivision of land or a land development.
DEVELOPMENT
Any man-made change to 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.
DEVELOPMENT PLAN
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.
DIRECT VEHICULAR ACCESS
A curb cut on or a private driveway leading directly to a
public street right-of-way. In the case of the requirement for direct
vehicular access to an arterial or collector street, the point of
access shall be onto the arterial or collector street without traversing
any other public street right-of-way.
DISTANCE BETWEEN BUILDINGS
The minimum spacing between two buildings on the same lot,
measured from the outermost wall or projection, excluding bay windows,
chimneys, flues, columns, ornamental features, cornices and gutters
that project beyond the wall of the building no more than two feet.
DOMESTIC PETS
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure, including, but not limited to, dogs
and cats, provided there is not a sufficient number to constitute
a kennel, as herein defined; rabbits, gerbils, 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 livestock, as defined herein.
DRILLING
The drilling or redrilling of a well or the deepening of
an existing well.
[Added 1-22-2013 by Ord. No. 440]
DRILLING EQUIPMENT
The derrick, all parts and appurtenances to such structure
and every piece of apparatus, machinery or equipment used, erected
or maintained in connection with oil and gas drilling, as defined
herein.
[Added 1-22-2013 by Ord. No. 440]
DRIVE-THROUGH FACILITY
Any principal use or accessory use that involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services, including, but not limited
to, "drive-in" or "drive-through" windows at fast-food restaurants,
banks or other businesses, exterior automated teller machines (ATMs),
quick oil change facilities, car washes and similar automotive services
and other such facilities.
DRIVEWAY
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
DRUGSTORE
A retail establishment that sells prescription drugs, patent
medicines, surgical and sickroom supplies and which also may sell
cosmetics, household goods and a limited selection of food products.
DWELLING
A building designed exclusively as living quarters for one
or more families, but not including hotels, motels or boardinghouses.
DWELLING TYPES
The following dwelling types are included in this chapter:
A.
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.
B.
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.
C.
TWO-FAMILY DWELLINGA residential building 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, duplexes and carriage homes.
D.
TRIPLEXA residential building designed exclusively for occupancy by three families living independently of each other, containing three dwelling units, each having independent access directly to the outside and having no other units above or below.
E.
FOURPLEXA residential building designed exclusively for occupancy by four families living independently of each other, containing four dwelling units, each having independent access directly to the outside and having no other units above or below.
F.
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 triplexes, fourplexes, townhouses and garden apartments.
G.
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.
H.
GROUP-CARE FACILITYAny supervised long-term group living arrangement licensed by the commonwealth for any of the following:
(1)
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."
(2)
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.
(3)
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.
I.
MANUFACTURED HOMEA factory-built single-family dwelling that meets the National Manufactured Home Construction and Safety Standards Act (43 U.S.C. § 5401) of 1976 intended for permanent occupancy.
J.
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.
K.
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 semimobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing or intermediate nursing care.
L.
TOWNHOUSEA multifamily residential building containing at least five, but no more than eight, dwelling units, each of which is 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 them.
M.
TRANSITIONAL DWELLINGA dwelling unit occupied on a short-term basis by persons assigned by a court of law, or who are self-referred, or referred by a public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, maternity homes, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
DWELLING UNIT
One or more rooms that are used as living quarters for one
family and that have permanent facilities for sleeping, cooking and
eating, as well as sanitary facilities.
EASEMENT
A grant of one or more property rights by the property owner
to and for use by the public, a utility, a corporation or any other
person, the use of which shall not be inconsistent with the rights
of the grantee and in which no permanent structure shall be erected.
EDUCATIONAL STUDIO
An establishment that provides training to individuals or
groups in specialized recreational activities or avocations, including,
but not limited to, dance, gymnastics, martial arts, photography,
music, arts and crafts and similar pursuits.
EFFECTIVE DATE
The date on which this chapter is duly adopted by Borough
Council or as specified in the ordinance so adopted.
ENGINEER
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
EQUIPMENT STORAGE YARD
An area of land devoted to the storage, whether temporary
or permanent, of construction equipment, farm equipment or other heavy
equipment or vehicles in excess of 26,000 pounds gross vehicle weight
(GVW).
ESCORT SERVICE
A business that provides a service by appointment or upon
request where individuals leave one premises and go to another premises
for a specified period of time for the purpose of engaging in nudity
or sexual conduct, as defined herein.
ESSENTIAL SERVICES
The 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 the Borough 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 Economy Borough to the general
public.
FAMILY
A.
An individual, or two or more persons related
by blood, marriage, adoption or foster child care, including domestic
servants or gratuitous guests, thereof; or a group of not more than
three unrelated persons living together without supervision in a dwelling
unit, or not more than eight persons living together in a group living
arrangement with supervision, provided that the group living arrangement
meets all of the following criteria:
(1)
It provides nonrouting 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.
(2)
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.
(3)
It does not involve the housing of persons on
a transient basis.
(4)
It does not involve the housing or treatment
of persons accepted for residence in the group living arrangement
on the basis of their status as criminal offenders, juvenile offenders
or delinquents or who would otherwise qualify for residence by virtue
of having been found by any governmental tribunal, court or agency
to be a danger to society or are on release or under the jurisdiction
of the criminal justice system, a government bureau of corrections
or similar institution.
B.
"Family" shall not include persons living together
in a group-care facility, personal-care boarding home or transitional
dwelling, as defined herein, or any other supervised group living
arrangement for persons not protected by the Fair Housing Act or for
any persons who constitute a direct threat to others or their physical
property.
FAMILY DAY-CARE HOME
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling
in which the operator resides, for the care on a regular basis during
part of a twenty-four-hour day of not more than six children under
16 years of age, including care provided to children who are relatives
of the provider, where such use shall be secondary to the use of the
dwelling for living purposes and shall meet all applicable requirements
for a home occupation.
FARM
A site of 10 acres or more used for the pursuit of agriculture,
as defined herein.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured or natural material or combination
of materials erected for the enclosure of land and/or dividing one
area of land from another. This definition shall not include 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 the Borough Grading
Ordinance.
FINANCIAL INSTITUTION
A bank, savings-and-loan association or similar institution
that lends money or is engaged in a finance-related business.
FIRE AND EMERGENCY MEDICAL SERVICES
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 firefighters, paramedics and other medical rescue personnel and
that may or may not include offices, meeting rooms, exercise rooms,
sleeping quarters for the employees and volunteers, kitchen facilities
and a social hall.
FLAG
A sign made of cloth, vinyl or a similar pliant material
that is attached on one side to a flagpole and is designed to flow
in the wind.
[Added 9-13-2022 by Ord.
No. 477]
FLEX SPACE
Any building designed to accommodate a combination of office
and warehousing or office and manufacturing or assembly.
FLOOR AREA, GROSS
The sum of all the horizontal floor areas of a building,
measured between exterior faces of walls.
FLOOR AREA, NET
The total floor area of a building designed for tenant occupancy,
or areas accessible to the customers, clients or general public, but
excluding storage areas, equipment rooms, food preparation areas in
a restaurant and common areas such as halls, corridors, stairwells,
elevator shafts, 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.
FLYWAY
A barrier composed of dense vegetation or man-made materials
which directs bees quickly into the sky.
[Added 1-24-2017 by Ord. No. 460]
FOOD TENT
Temporary structure to be used for food vending, to be considered
the same as a food truck.
[Added 8-25-2020 by Ord. No. 473]
FOOD TRUCK
A vehicle from which edible food products are cooked, prepared
or assembled with the intent to sell such items to the general public,
provided further that food trucks may also sell other edible food
products and beverages that have been prepared or assembled elsewhere.
Food truck operators may market their products to the public via advertising,
including social media.
[Added 8-25-2020 by Ord. No. 473]
FORESTRY
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 does not involve any land development.
FOURPLEX
See Subsection E under the definition of "dwelling types."
FUNERAL HOME
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.
GARAGE, PRIVATE
An accessory building or a portion of the principal building,
not accessible to the general public used for the shelter and storage
of private vehicles and personal property of the occupants of the
principal building.
GOLF COURSE; GOLF OR COUNTRY CLUB
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 shops,
swimming pool, facilities for racquet sports and maintenance facilities.
GROUND SIGN
See "sign, freestanding."
[Added 9-13-2022 by Ord. No. 477]
GROUND-MOUNTED SOLAR SYSTEM
A solar photovoltaic system mounted on a structure, pole,
or series of poles constructed specifically to support the solar photovoltaic
system and not attached to any other structure.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
HAZARDOUS MATERIAL
Any material designated as a "hazardous material" under the
terms and provisions of the Pennsylvania Solid Waste Management Act
of 1980 and/or any regulations promulgated thereunder by the Pennsylvania
Department of Environmental Protection (PA DEP) and designated as
"hazardous materials."
HEALTH CLUB or FITNESS CENTER
A commercial, recreational enterprise or private club that
has as a principal use a gymnasium, swimming pool or other sports
or exercise facility and that may offer massages, whirlpool baths,
steam rooms, saunas and/or medical facilities as accessory uses to
the principal use.
HEIGHT OF SIGN
The vertical distance measured from the average elevation
of the finished grade around the sign to the highest point on the
sign and its supporting structure, including the foundation of the
sign, if it is elevated above the ground level.
HEIGHT OF STRUCTURE
For structures other than buildings or signs, the vertical
distance measured from the average elevation of the finished grade
around the structure to the highest point on the structure.
HIGH-TECHNOLOGY INDUSTRIES
The assembly of component parts or the production of finished
products, excluding any process that involves toxic or highly volatile
substances, including computer components and accessories; electrical
parts, accessories and equipment; laboratory apparatus; robotics;
optical instruments; precision instruments; surgical, medical and
dental instruments and supplies; timers and timepieces; search detection
and navigational equipment; musical instruments and photographic equipment
and accessories.
HIVE
Any frame hive, box hive, box, barrel, log, gum, skep or
other receptacle or container, natural or artificial, or any part
thereof, which may be used or employed as a domicile for bees.
[Added 1-24-2017 by Ord. No. 460]
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use of a dwelling
for residential purposes and that involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pickup, delivery
or removal functions to or from the premises in excess of those normally
associated with residential use.
HOME GARDENING
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.
HOME OCCUPATION
An accessory use of a service character that does not meet
the definition of a no-impact home-based business conducted 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.
HOSPITAL
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.
HOTEL
See "motel or hotel."
HVAC
Equipment used to heat, cool, or ventilate a structure.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
HYDRAULIC FRACTURING (FRACKING)
The process of injecting water, customized fracking fluid,
steam, or gas into an oil or gas well under pressure to break apart
rock layers in order to release gas and improve recovery of gas.
[Added 1-22-2013 by Ord. No. 440]
ICE CREAM TRUCK
A vehicle from which the operator sells only prepackaged
frozen dairy or water-based food products and prepackaged beverages.
For purposes of this chapter, a nonmotorized cart from which such
products are sold shall be considered an ice cream truck.
[Added 8-25-2020 by Ord. No. 473]
IMPERVIOUS SURFACE
Surfaces with a coefficient of runoff greater than 0.85,
including all buildings, roofed areas, parking areas, driveways, streets,
sidewalks and areas paved in concrete and asphalt and any other areas
determined by the Borough Engineer to be impervious within the meaning
of this definition.
IMPOUNDMENT
An open, earthen receptacle used to store fresh water, wastewater
or other fluids produced by or used exclusively for oil and gas operations
at one or more well sites.
[Added 1-22-2013 by Ord. No. 440]
INDEPENDENT LIVING FACILITY
A residential building or group of buildings designed to
provide housing for elderly or senior citizens who are independently
mobile and not in need of supervision but that includes certain design
features associated with the needs of elderly or senior citizens not
customary in the construction of conventional multifamily dwellings,
such as emergency call systems, handicapped facilities, minimal housekeeping
and laundry services, common leisure and recreational services, personal
services (beauty shop or barbershop or cleaner's valet), transportation
services and similar support services for the convenience of the residents.
INDOOR ENTERTAINMENT
A commercial establishment located within a completely enclosed
building, as defined by this chapter, where customers or patrons engage
in nonathletic leisure activities as spectators or participants, including,
but not limited to, theaters (live and motion-picture), arenas, 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.
JUNK
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.
JUNKYARD
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.
KENNEL
An establishment licensed by the Pennsylvania Department
of Agriculture for the boarding, breeding or training of domestic
pets for compensation.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A.
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively; or
B.
A single nonresidential building on a lot or
lots regardless of the number of occupants or tenure; or
C.
Any change of use or structural alteration that
results in an increase in total lot coverage by structures and/or
paving; or
D.
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.
LAND DEVELOPMENT PLAN
A plan prepared in accordance with the application requirements of Chapter
163, Subdivision and Land Development, for approval of a land development, as defined herein.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LANDSCAPE ARCHITECT
A registered professional landscape architect licensed as
such by the Commonwealth of Pennsylvania.
LANDSCAPING CONTRACTOR
A retail business that includes the growing and/or selling
of flowers, plants, trees, shrubs and other natural flora and the
products that aid their growth and care and that may include one or
more of the following activities as accessory uses only: storage of
decorative landscaping materials such as landscaping ties, decorative
rocks, marble chips, sandstone or limestone chips; storage of mulch,
reddog, sand or gravel to be used in landscaping; and/or shredding,
screening or storage of topsoil.
LANDSCAPING PLAN
A plan prepared by a registered architect or a registered
landscape architect, identifying each tree and shrub by size, type
and scientific name, indicating balled and burlapped or bare root,
and location. The plan shall include a planting diagram and such other
diagrams or reports necessary to show the methods of planting, staking
and mulching, grass seeding specifications and mixtures and existing
trees over 10 inches in diameter at breast height.
LAUNDROMAT
A retail business equipped with a number of individual clothes
washing machines and clothes dryers and that may include individual
dry-cleaning machines for use by the general public, excluding laundry
facilities provided as an accessory use in a multifamily residential
building.
LIFE-CARE COMMUNITY
A residential development that provides a continuum of care
for the elderly, including three or more of the following uses: independent-living
facility, assisted-living facility, personal-care boarding home or
nursing home, and that may or may not include conventional single-family
dwellings and/or multifamily dwellings.
LIGHT MANUFACTURING
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 Pennsylvania 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.
LIVESTOCK
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. Fowls in a quantity greater than six shall be considered as
livestock.
[Amended 3-28-2023 by Ord. No. 480]
LOADING SPACE
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.
LOCATION
Any single property parcel or any combination of contiguous
parcels that are owned or controlled by a single entity or affiliated
entities.
[Added 8-25-2020 by Ord. No. 473]
LOT
A designated parcel, tract or area of land established by
a plat or described in a deed or other instrument recorded pursuant
to the laws of the commonwealth to be used, developed or built upon
as a unit.
LOT AREA
The total area within the lot lines, excluding the area within
any street right-of-way.
LOT, CORNER
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
LOT COVERAGE
That portion of the lot area covered by all principal and
accessory structures, expressed as a percentage.
LOT DEPTH
The mean horizontal distance between the front lot line and
the rear lot line.
LOT FRONTAGE
That portion of the lot that adjoins the street right-of-way
or through which access is provided to a public street.
LOT LINE
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.
LOT LINE, FRONT
That lot line which is contiguous with the street right-of-way
line, or in the case where the lot line is contiguous with the street
center line, the front lot line shall be considered to be coterminous
with the street right-of-way line. In the case of a lot which has
no frontage on a street, the front lot line shall be the lot line
through which vehicular access is provided, regardless of which way
the dwelling faces.
LOT LINE, REAR
That lot line that is generally opposite the front lot line.
LOT LINE, SIDE
Any lot line that is not a front lot line or rear lot line.
LOT OF RECORD
Any lot that, individually, or as part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Beaver
County.
LOT, THROUGH
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
LOT WIDTH
The straight line distance between the point of intersection
of the front building line with the side lot lines.
MACHINE SHOP
A work shop where a machinist fabricates, assembles or repairs
parts and/or equipment.
MANUFACTURING
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials, including
the assembling of component parts, the manufacturing of products and
the blending of materials into finished or semifinished products.
MASSAGE PARLOR
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.
MEDIATION
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
that the parties themselves create and consider acceptable.
MEDICAL CLINIC
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.
MEDICAL OFFICES
One or more administrative offices of an individual doctor,
dentist, chiropractor or other medical practitioner and his or her
supporting staff where human patients receive diagnosis, treatment
and counseling.
MINERAL REMOVAL
Any extraction of any mineral for sale or other commercial
purpose which 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.
MINI WAREHOUSE OR SELF-STORAGE FACILITY
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.
MOBILE FOOD SERVICE VEHICLE
Means a food truck, canteen truck or ice cream truck and
includes any portable unit that is attached to a motorized vehicle
and intended for use in the operation of a food truck, canteen truck
or ice cream truck.
[Added 8-25-2020 by Ord. No. 473]
MOBILE FOOD VENDOR
Means self-contained food service operation, located in a
readily movable motorized, wheeled, or towed vehicle, used to store,
prepare, display or serve food intended for individual portion service.
[Added 8-25-2020 by Ord. No. 473]
MOBILE FOOD VENDOR EVENT
A coordinated and advertised gathering of more than five
mobile food service vehicles in one location on a certain date with
the intent to serve the public.
[Added 8-25-2020 by Ord. No. 473]
MOBILE FOOD VENDOR LICENSE
Means a license issued by the Borough for the operation of
a mobile food service vehicle.
[Added 8-25-2020 by Ord. No. 473]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, that arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MODEL HOME
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.
MONUMENT SIGN
See "sign, freestanding."
[Added 9-13-2022 by Ord. No. 477]
MOTEL or HOTEL
An establishment that offers transient overnight lodging
accommodations, including extended stays, to the general public and
that also may provide additional supporting services such as restaurants,
meeting rooms, recreation facilities and living quarters for a resident
manager or proprietor.
MURAL
A painted image or design on a building, which may or may
not include words. The definition of "mural" does not encompass architectural
elements that are incorporated into a building's structure or facade.
[Added 9-13-2022 by Ord.
No. 477]
NATURAL GAS
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and
other gas species. The term includes natural gas from oil fields known
as associated gas or casing head gas from natural gas fields known
as nonassociated gas, coal beds, shale beds and other formations,
but does not include coal bed methane.
[Added 1-22-2013 by Ord. No. 440]
NATURAL GAS PROCESSING PLANT
A facility that receives natural gas and associated hydrocarbons
from a gathering line system serving one or more well sites that compresses,
condenses, pressurizes or otherwise treats natural gas and which removes
or separates materials such as ethane, propane, 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, including, but not limited
to, cooling facilities, storage tanks and related equipment and facilities.
[Added 1-22-2013 by Ord. No. 440]
NIGHTCLUB
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 Borough Uniform Construction
Code (UCC) of 50 or more persons.
NONCONFORMING LOT
Any lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but that fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING SIGN
Any 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 this article.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
A use, whether of land or of a structure, that does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or an amendment thereto, or prior
to the application of this chapter or amendment to its location by
reason of annexation.
NONRESIDENTIAL ZONING DISTRICT
A zoning district that permits a variety of uses. This includes
all districts that are not considered a residential zoning district
or an agricultural zoning district.
[Added 9-13-2022 by Ord.
No. 477]
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or who displays "specified anatomical areas" and is provided to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration.
"Nude model studio" shall not include a proprietary school licensed
by the State of Pennsylvania or a college, junior college or university
supported entirely or in part by public taxation; a private college
or university which maintains and operates education programs in which
credits are transferable to a college, junior college or university
supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude person
is available for viewing; and
B.
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
C.
Where no more than one nude model is on the
premises at any one time.
NUDITY
The showing of any part of the human male or female genitals,
pubic area, vulva, anus, anal cleft or cleavage with less than a fully
opaque covering, the showing of the female breast with less than a
fully opaque covering of any part of the nipple, or the showing of
the covered male genitals in a discernible turgid state.
NURSING HOME
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.
OFFICIAL DATE OF FILING
The date of the Planning Commission meeting at which an application
is first considered after filing of an application that is determined
to be complete and properly filed.
OIL
Hydrocarbons in liquid form at standard temperature of 60°
F. and pressure of 14.7 PSIA, also referred to as petroleum.
[Added 1-22-2013 by Ord. No. 440]
OIL AND GAS OPERATIONS
[Added 1-22-2013 by Ord. No. 440]
A.
Well location and assessment, including seismic operations,
well site preparation, construction, drilling, hydraulic fracturing
and site restoration associated with an oil or gas well of any depth;
water and other fluid storage or impoundment areas used exclusively
for oil and gas operations; construction, installation, use, maintenance
and repair of oil and gas pipelines and all equipment directly associated
with oil and gas operations, provided the equipment is located at
or immediately adjacent to a well site, impoundment, oil and gas pipeline,
natural gas compressor station or natural gas processing plant.
B.
While the Pennsylvania Oil and Gas Act includes "impoundments,"
"natural gas compressor stations" and "natural gas processing plants"
in the definition of "oil and gas operations," for the purposes of
this chapter these terms are separately defined so that they can be
separately regulated by this chapter.
OPERATE
Means to sell food, beverages, and other permitted items
from a mobile food service vehicle and includes all tenses of the
word.
[Added 8-25-2020 by Ord. No. 473]
OPERATOR
Any person, partnership, company or corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
oil and gas operations, including impoundments used exclusively for
oil and gas operations, natural gas compressor stations or natural
gas processing plants.
[Added 1-22-2013 by Ord. No. 440]
OPERATOR (MOBILE FOOD)
Means any person operating or permitted to operate a mobile
food service vehicle.
[Added 8-25-2020 by Ord. No. 473]
OUTDOOR SALES
Any display of merchandise outside an enclosed building which
is offered for sale, regardless of whether the purchase is completed
indoors or outdoors.
PA DEP
Pennsylvania Department of Environmental Protection or its
successor agency.
PARKING AREA
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
PARKING SPACE
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
PATIO
See "deck or patio."
PERIMETER SETBACK
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.
PERMITTED USE
An authorized use specifically allowed as a matter of right
upon review and approval by the Zoning Officer subject to compliance
with all applicable requirements of this chapter and land development
plan approval, if applicable.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PERSONAL SERVICES
Any enterprise providing services pertaining to the person,
his or her apparel, or personal effects commonly carried on or about
the person, including, but not limited to, shoe repair, tailoring,
clothes cleaning, watch repairing, barbershops, beauty parlors, tanning
salons, day spas, tattoo parlors and related activities, but not including
any adult business, as defined herein.
PET GROOMING
Any establishment that offers services for domestic pets,
including, but not limited to, bathing, trimming, manicuring, massaging
or other services to maintain the animals' well-being and which may
sell pet care products and pet supplies as an accessory use, but not
including a veterinary clinic or kennel, as defined herein.
PET SERVICES
A business establishment that sells pet food and other pet
care products to the general public and that may offer animal grooming
and limited veterinary services as accessory uses; or a business establishment
that offers care during part of a twenty-four-hour day of domestic
pets as a principal use and which may sell food or other pet care
products as an accessory use, provided the uses shall not include
an animal hospital or kennel, as otherwise regulated by this chapter.
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly
into electricity.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
PILOT MANUFACTURING
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.
PLACE OF ASSEMBLY
An indoor or outdoor space with or without fixed seating
used for public gatherings for religious, recreational, educational,
cultural, political, social or entertainment purposes.
PLANNED INDUSTRIAL PARK
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.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
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 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 zoning district.
POLE SIGN
See "sign, freestanding."
[Added 9-13-2022 by Ord. No. 477]
PORCH
A roofed or uncovered accessory structure without enclosing
walls with an area of more than 24 square feet that is attached to
or part of the principal building and which has direct access to and
from the principal building.
PRESCHOOL FACILITY
An establishment that offers private educational services
to children who are under the minimum age for education in public
schools.
PRINCIPAL USE
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.
PRINTING ESTABLISHMENT
An establishment engaged in commercial or job printing, including
offset printing, engraving, photolithographing, and publishing and
binding books, newspapers, pamphlets and other printed materials.
PRIVATE
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit, and restricted
to members and their guests.
PRIVATE CLUB
Any establishment other than a sportsmen's club, as defined
herein, operated by a private organization for social, recreational,
educational, fraternal or sororal purposes, which is open only to
members and their guests and not to the general public.
PRIVATE STABLE
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.
PRIVATE USE HELIPAD
A helicopter landing pad licensed by the Pennsylvania Department
of Transportation, Bureau of Aviation, and regulated by the Federal
Aviation Administration that is owned by a private entity and restricted
to use by helicopters owned by such entity.
PRODUCE VENDING
Fruits and vegetables being sold from a vehicle or food tent,
to be considered the same as a food truck.
[Added 8-25-2020 by Ord. No. 473]
PROFESSIONAL ENGINEER
A qualified individual who is licensed as a professional
engineer in a state or commonwealth in the United States.
PROTECTED STRUCTURE
Any occupied residence, business, school, church or public
building located within 500 feet of a natural gas well head, as defined
herein, that may be impacted by noise or other impacts generated from
the drilling or hydraulic fracturing at the well site, as defined
herein, excluding any structure owned by an oil or gas lessor who
has signed a lease with the operator granting surface rights to drill
the subject well or whose owner or occupants have signed a waiver
relieving the operator from complying with the noise abatement provisions
of this chapter.
[Added 1-22-2013 by Ord. No. 440]
PUBLIC
Owned, operated or controlled by a government agency, federal,
state, county or local.
PUBLIC BUILDING
Any building owned or operated by a government agency, federal,
state, county or local, used to provide services to the public, including
administrative offices, public works buildings and storage yards,
libraries, museums, senior centers, recreation buildings, government
service centers and similar facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by Borough
Council or the Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC PARKING GARAGE
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.
PUBLIC PARKING LOT
A parking area on the surface of the ground that is the principal
use on the lot, that may be operated by either a public agency or
private entity, whether for profit or not, and that is available for
use by the general public, usually for a fee.
PUBLIC UTILITY BUILDING OR STRUCTURE
Any administrative building, maintenance building, garage
or other building intended for human occupancy or storage of movable
equipment owned or operated by a utility company regulated by the
Public Utility Commission (PUC), or any building or structure owned
or operated by a utility company regulated by the Public Utilities
Commission (PUC) or any governmental agency or municipal authority
that is necessary for the generation, treatment, regulation or intermunicipal
distribution of essential services, as defined herein, including,
but not limited to, long-distance transmission facilities such as
electrical power lines or high-pressure natural gas or petroleum lines,
switching facilities, substations, treatment plants, reservoirs, water
towers, transmission towers and similar facilities.
RECREATION, ACTIVE, LOW-IMPACT
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.)
RECREATION, ACTIVE, HIGH-IMPACT
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, motorcross 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 "betting parlors, casinos,
gaming facilities, race tracks and 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.)
RECREATIONAL VEHICLE
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.
RECREATION, PASSIVE
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.
REPAIR SHOP
A service establishment providing maintenance and repairs
of items that can be carried in by hand, including personal effects
(such as jewelry, watches, bicycles), small household appliances,
office equipment, small gasoline engines and similar items, but not
including repair of large appliances, motorized vehicles or heavy
equipment.
RESEARCH AND DEVELOPMENT
Any establishment, including laboratories, that carries on
investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and that may include supporting storage and
transportation facilities and pilot manufacturing as accessory uses,
but not including the mass production of such products.
RESIDENTIAL ZONING DISTRICT
A zoning district where the primary permitted principal uses
are residential, and the intent is to create or maintain a residential
neighborhood. These districts may also include compatible nonresidential
uses.
[Added 9-13-2022 by Ord.
No. 477]
RESTAURANT
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.
RESTAURANT, CARRY-OUT
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.
RESTAURANT, FAST-FOOD
A restaurant principally devoted to the retail sale of prepared
or premeasured 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.
RESTAURANT, SIT-DOWN
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 take-out service as an accessory use, but shall not include
a pickup window or drive-through window.
RIDING ACADEMY
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.
RIGHT-OF-WAY
Land reserved or dedicated for use as a street, crosswalk
or other means of travel, or other public or private purposes, including
existing and future rights-of-way.
ROOF SIGN
See "sign, roof."
[Added 9-13-2022 by Ord. No. 477]
SALES OFFICE
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.
SANITARY SEWER, COMMUNITY
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.
SANITARY SEWER, PRIVATE
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.
SANITARY SEWER, PUBLIC
Any sewer system owned by a municipality or municipal authority
in which sewage is collected from more than one lot and piped to an
approved sewage disposal plant.
SCHOOL, COMMERCIAL
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
SCHOOL, POSTSECONDARY
An educational institution that provides training beyond
the secondary school curriculum and which is authorized by the commonwealth
to award associate, baccalaureate or higher degrees.
SCHOOL, PUBLIC OR PRIVATE
An accredited institution of learning that offers elementary
and secondary level instruction or which offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
SEAT
The area required for one individual to sit on as regulated
by the Uniform Construction Code (UCC) of the Borough.
SETBACK
See "building setback line."
SEXUAL CONDUCT
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.
SEXUAL ENCOUNTER OR MEDITATION CENTER
A business, agency or person which, for consideration, provides
for commercial purposes a place where persons, not all members of
the same family, may congregate, assemble or associate for the purpose
of engaging in nudity or sexual conduct, as defined herein.
SHOOTING RANGE
An outdoor facility 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.
SHOPPING CENTER
A site under single ownership and control that is developed
as a unit for two or more retail establishments in one or more buildings
and designed so that parking, loading and access facilities are shared.
SIGN
A device, display. or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. This definition does not include architectural elements incorporated into the structure or facade of a building. For the purposes of this sign code, "sign" does not include those only visible from the inside of a building or athletic field or stadium; nor does "sign" include those held by or attached to a person. (See Article
XIV for regulations governing signs.)
[Amended 9-13-2022 by Ord. No. 477]
SIGN AREA
The area of a sign means the area of all lettering, wording,
and accompanying designs, logos, and symbols. The area of a sign does
not include any supporting framework, bracing or trim which is incidental
to the display and does not contain lettering, wording, or symbols.
[Added 9-13-2022 by Ord.
No. 477]
SIGN CLEARANCE
The smallest vertical distance between finished grade and
the lowest point of the sign, including any framework or other structural
elements. This applies to canopy and freestanding signs.
[Added 9-13-2022 by Ord.
No. 477]
SIGN COPY
The message or advertisement, and other symbols on the sign
face.
[Added 9-13-2022 by Ord.
No. 477]
SIGN FACE
The entire area upon which graphic or written material or
information is placed for viewing from a single direction.
SIGN SPACING
The distance between signs or sign structures measured as
a straight-line distance between the closest edges of each sign.
[Added 9-13-2022 by Ord.
No. 477]
SIGN STRUCTURE
The erection or construction, such as buildings, towers,
masts, poles, booms, decorations, carports, machinery, and equipment,
to which a sign is attached.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, A-FRAME
A sign consisting of two sign faces placed together at an
angle to form an "A" shape structure which tapers from a wide base
to a narrow top.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, ARCADE
A sign suspended beneath a ceiling of an exterior covered
walkway, roof, or marquee.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, CANOPY
A sign that is mounted or painted on, or attached to an awning,
canopy, or marquee.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, DIGITAL DISPLAY
A sign incorporating LCD, LED, plasma, CRT, pixelized lights,
and other photo or videolike displays.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, FREESTANDING
A sign which is supported by structures or supports in or
on the ground and independent from a building. Freestanding signs
include ground signs, pole signs, monument signs, and signs less than
four feet in height supported by a single pole or post.
[Added 9-13-2022 by Ord.
No. 477]
A.
SIGN, GROUNDA low sign independent from any building that is in contact with or near to the ground and supported by a structural base of at least 75% of the width of the sign face (for example, a sign with a sign face eight feet wide would require a structural base of six feet or more in width).
B.
SIGN, MONUMENTA sign independent from any building that is supported on two posts or uprights.
C.
SIGN, POLEA freestanding sign permanently affixed to the ground by one or more supports so that the bottom edge of the sign face is eight feet or more above the ground.
SIGN, ILLUMINATED
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, OFF-PREMISES
A sign up to 60 square feet in sign area that displays a
message directing attention to a business, product, service, profession,
commodity, activity, event, person, institution, or other message
that is generally conducted, sold, manufactured, produced, offered,
or occurs elsewhere than on the premises where the sign is located.
For purposes of this definition, any part of a lawfully permitted
special event where public streets have been closed to traffic is
considered a single premises.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, OFF-PREMISES, LARGE
A sign over 60 square feet in sign area that displays a message
directing attention to a business, product, service, profession, commodity,
activity, event, person, institution, or other message that is generally
conducted, sold, manufactured, produced, offered, or occurs elsewhere
than on the premises where the sign is located. For purposes of this
definition, any part of a lawfully permitted special event where public
streets have been closed to traffic is considered a single premises.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, ON-PREMISES
A sign that is not an off-premises sign.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, ROOF
A sign mounted on the main roof of a building, and which
is wholly dependent on the building for support.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, TEMPORARY
A sign constructed of cloth, canvas, vinyl, paper, plywood,
fabric, plastic, or other lightweight material that is not permanently
installed in the ground and not permanently affixed to a building
or a structure that is permanently installed in the ground. The term
"temporary sign" includes A-frame signs, lawn signs, banners, inflatable
signs, and window signs. The term "temporary sign" does not include
flags and signs that are intended to regularly move, such as vehicle
signs.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, TRI-VISION BOARD
A sign composed of a series of three-sided rotating slats
arranged side-by-side, either horizontally or vertically, that are
rotated by an electromechanical process and display up to three separate
and distinct messages, one message at a time.
[Added 9-13-2022 by Ord.
No. 477]
SIGN, WALL
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign. This definition
includes signs located on a parapet wall of a building and signs composed
of individual letters, numbers, or symbols.
[Added 9-13-2022 by Ord.
No. 477]
SITE
A tract of land or one or more contiguous lots proposed for
development.
SITE AREA
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
SLOPE
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.
SOLAR PANELS
See "solar photovoltaic system."
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
SOLAR PHOTOVOLTAIC SYSTEM[Added 5-24-2016 by Ord. No. 456; amended 1-24-2017 by Ord. No. 461]
A.
A solar collection system consisting of one or more building-mounted
solar systems and/or ground-mounted solar systems, solar photovoltaic
cells, panels or arrays and solar-related equipment that rely upon
solar radiation as an energy source for collection, inversion, storage
and distribution or solar energy for electricity generation.
B.
A solar PV system is a generation system which:
(1)
Has a nameplate capacity of not greater than 50 kilowatts if
installed on a residential lot and not greater than 3,000 kilowatts
if installed on a nonresidential lot; and
(2)
Does not produce excess on-site energy greater than currently
permitted by PUC guidelines.
C.
A solar PV system shall not be considered a service structure.
D.
Solar PV system types shall include the following:
(1)
Building-mounted solar system.
(2)
Ground-mounted solar system.
SOLAR TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
SPORTS COURT
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.
SPORTSMEN'S CLUB
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.
STOOP
A covered or uncovered porch located at a front, side or
rear door to a dwelling unit not exceeding 24 square feet in area.
STORE, CONVENIENCE
A retail store with a gross floor area of 5,000 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.
STORE, FOOD
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.
STORE, GENERAL MERCHANDISE
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.
STORE, GROCERY
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.
STORE, RETAIL
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.
STORE, SPECIALTY FOOD
A retail establishment that has a gross floor area of no
more than 10,000 square feet of gross floor area and that offers for
sale specialty or gourmet food items or meats and groceries that are
packaged for consumption off the premises and that may or may not
have a limited number of tables for consumption of some food items
on the premises.
STORE, SPECIALTY RETAIL
A business located in an existing building that is devoted
to the sale of a small inventory of distinctive, high-quality merchandise,
including one or more of the following: apparel and accessory boutique;
art, music or photography studio or gallery; antique or interior design
shop; custom bakery; bookstore; card, gift or stationery store; confectionery;
florist; historic or museum shop; ice cream parlor; jeweler; kitchen
accessory shop; optical shop; newsstand; tobacco shop; travel agency;
wine shop; and similar specialty shops with small inventories or distinctive,
high-quality merchandise.
STORY
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.
STREET
A public or private recorded right-of-way that affords primary
means of vehicular access to abutting property, but not including
alleys.
STREET, ARTERIAL
A public street that serves large volumes of high-speed and
long-distance traffic. Streets classified as arterial in the Borough
for the purposes of interpreting this chapter are PA Route 65 and
PA Route 989.
STREET, COLLECTOR
A public street that, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
For the purposes of interpreting this chapter, streets classified
as "collector" in the Borough are Beaver Street (also known as West
State Street), Big Sewickley Creek Road, Conway-Wallrose Road, Hemmerle
Road, Hoenig Road, Lovi Road and Wallrose Heights-Golden Grove Road.
STREET, LOCAL
Any public street not defined herein as an arterial or a
collector street.
STREET, PRIVATE
A street, including the entire private right-of-way, that
is privately owned and maintained and that is intended for private,
rather than public, use.
STREET, PUBLIC
A public right-of-way dedicated and open for public use that
has been adopted by the Borough, county, commonwealth or other governmental
body.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division 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.
SUPPLY YARD
A commercial establishment engaged in storing and selling
building supplies, industrial supplies or feed and grain primarily
to businesses, rather than the general public.
SURVEYOR
A professional surveyor registered in the Commonwealth of
Pennsylvania.
SWIMMING POOL
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.
SWIMMING POOL, COMMUNITY
A swimming pool owned and maintained by a community club,
condominium association or homeowners' association that provides recreation
for the residents of the neighborhood or residential development in
which it is located.
TEMPORARY SIGN
See "sign, temporary."
[Added 9-13-2022 by Ord. No. 477]
TEMPORARY USE OR STRUCTURE
Any use or structure that is intended to be used either on
a seasonal basis, during the time of construction and completion of
an approved development or for any other period of time that is six
months or less, including, but not limited to, tents, air-supported
structures, bleachers, portable bandstands, reviewing stands, mobile
office units, construction trailers, model homes or sales offices
and similar uses or structures.
TENTATIVE APPROVAL
Approval prerequisite to final approval of a planned residential development (PRD) granted by Borough Council in accordance with Article
X of this chapter.
TOWNHOUSE
See Subsection L under the definition of "dwelling types."
TRAFFIC IMPACT STUDY
A report prepared by a qualified traffic engineer utilizing
the manuals and methodologies of the Institute of Transportation Engineers
(ITE) to analyze:
A.
Projected traffic volumes associated with a
proposed development;
B.
Inventory of existing roadway and traffic conditions
in the vicinity of the site, including traffic controls, peak hour
and average daily traffic, planned roadway improvements by others,
lane widths and roadway conditions;
C.
Existing and future levels of service of streets,
intersections and driveways in the immediate vicinity of the plan
with and without the proposed development; access to the site utilizing
PennDOT criteria and on-site circulation (pedestrian and vehicular)
and traffic controls; and
D.
Recommendations for mitigating negative impacts
and maximizing positive impacts.
TRIPLEX
See Subsection D under the definition of "dwelling types."
TRUCK AND HEAVY EQUIPMENT RENTAL, SALES AND SERVICE
An establishment engaged in the rental, sale and/or service
of vehicles in excess of 26,000 pounds gross vehicle weight (GVW)
and/or any other heavy equipment, including, but not limited to, construction
or farm equipment, whether or not the equipment is classified as a
"motor vehicle."
TRUCK TERMINAL
A 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.
UNREGULATED YARD AREA
An area not located within a building and not located in
a setback and/or yard established by this chapter.
[Added 5-24-2016 by Ord.
No. 456; amended 1-24-2017 by Ord. No. 461]
USE
The purpose, business or activity for which any land or structure
is utilized.
USE BY SPECIAL EXCEPTION
A use authorized by this chapter that may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
VARIANCE
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) 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.
VEHICLE
Means every device in, upon or by which any person or property
may be transported or drawn upon a street, including devices moved
by human power.
[Added 8-25-2020 by Ord. No. 473]
VEHICLE ACCESSORIES SALES AND INSTALLATION
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including
but not limited to such items as tires, hubcaps, mirrors, seat covers,
floor mats, tonneau covers, truck caps, windshield wipers, trim packages,
running boards and the like, but not including any mechanical parts.
VEHICLE RENTAL, SALES AND SERVICE
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds gross vehicle weight (GVW), but not
including any heavy equipment or any other vehicle or equipment that
is not classified as a "motor vehicle" under the Pennsylvania Motor
Vehicle Code.
VEHICLE REPAIR GARAGE
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and the recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building as defined by this chapter.
VETERINARY CLINIC
An establishment where animals are examined and treated by
veterinarians and which may include indoor kennels for temporary boarding
of animals during treatment.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, cubicles,
compartments, rooms or other enclosures that are available to members
of the public, patrons or members for viewing 1) films, movies, videos
or visual reproduction of any kind depicting or describing nudity
or sexual conduct or 2) persons who appear in a state of nudity or
who offer performances or presentations characterized by the exposure
of nudity or by sexual conduct, as defined by this chapter.
WALL SIGN
See "sign, wall."
[Added 9-13-2022 by Ord. No. 477]
WAREHOUSING AND DISTRIBUTION
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.
WELL
A bore hole drilled or being drilled as part of oil and gas
operations for the purpose of, or to be used for, producing, extracting
or injecting gas, petroleum or another liquid related to oil and gas
production or storage, including brine disposal, but excluding a bore
hole drilled to produce potable water.
[Added 1-22-2013 by Ord. No. 440]
WELL HEAD (WELL BORE)
The precise point of entry into the ground where drilling
takes place including the structure that is placed over the opening
upon completion of the well and that is maintained during production.
[Added 1-22-2013 by Ord. No. 440]
WELL PAD
The disturbed area of the well site occupied by the well
head, all drilling equipment and the surface facilities, structures
and equipment incidental to the oil and gas operations, but not including
the access road.
[Added 1-22-2013 by Ord. No. 440]
WELL SITE
The area occupied by all equipment or facilities necessary
for or incidental to drilling, production or plugging a well, including,
but not limited to the access road, the well pad, tanks, meters, storage
tanks and impoundments.
[Added 1-22-2013 by Ord. No. 440]
WHOLESALE BUSINESS
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.
WIND ENERGY SYSTEM, HEIGHT OF THE
The distance measured from the natural grade or finished
grade to the tip of the rotor blade at its highest point.
[Added 11-24-2009 by Ord. No. 423]
WIND ENERGY SYSTEM, PERSONAL
A wind energy conversion system that has a rated capacity
of not more than 60 kW that converts wind energy into electricity,
consisting of a wind turbine, a tower and associated control or conversion
electronics, including collection, distribution and storage equipment,
intended for private use to reduce on-site consumption of utility
power or supplement or replace utility power.
[Added 11-24-2009 by Ord. No. 423]
WIND ENERGY SYSTEM, RATED CAPACITY OF
The maximum rated output of electric power production equipment
specified by the manufacturer and typically found on a nameplate on
the equipment.
[Added 11-24-2009 by Ord. No. 423]
WIND TURBINE
A device consisting of a rotor with two or more blades that
converts kinetic wind energy into rotational energy that drives an
electrical generator.
[Added 11-24-2009 by Ord. No. 423]
YARD
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.
YARD, FRONT
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.
YARD, REAR
A yard extending between the side yard lines parallel to
the rear lot line and being the minimum horizontal distance from the
rear lot line required by this chapter.
YARD, SIDE
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.
ZONING AMENDMENT
A change to the text of this chapter or to the Zoning District
Map proposed for adoption by Borough Council pursuant to the procedures
specified in this chapter.
ZONING CERTIFICATION LETTER
A document issued by the Zoning Officer stating the zoning
classification of a property and identifying if the existing use of
a particular structure, building or lot conforms to the requirements
of this chapter.
[Added 3-28-2023 by Ord. No. 479]
ZONING DISTRICT
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
ZONING DISTRICT MAP
The official map delineating the zoning districts of Economy
Borough, Beaver County, Pennsylvania, together with all amendments
subsequently adopted which is incorporated in and made a part of this
chapter by reference thereto.
ZONING HEARING BOARD
The Zoning Hearing Board of the Borough of Economy, Beaver
County, Pennsylvania.
ZONING OFFICER
That person appointed by the Economy Borough Council and
charged with the responsibility of administering and enforcing this
chapter.
ZONING PERMIT
A document issued by the 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.
[Amended 3-28-2023 by Ord. No. 479]