All words used in this Ordinance shall carry their customary
meanings except where specifically defined. Words used in the present
tense shall include the future. The singular number shall include
the plural, and the plural the singular. The word "shall" is always
mandatory and not permissive; the word "may" is permissive. The words
"used" or "occupied" as applied to any land or structures, shall be
construed to include the words "intended, arranged, designed to be
used or occupied." The word "person" shall include an individual,
corporation, partnership, incorporated association or any other entity.
Words in the masculine gender include the feminine gender.
The following words and phrases shall have the particular meaning
specified for the purpose of this Ordinance:
A building or structure which is on the same lot with, but
detached from, the principal building and which is customarily incidental
and subordinate to the principal building, including, but not limited
to, minor garages, storage sheds, swimming pools, tennis courts, gazebos,
signs, fences and similar structures.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
Immediately adjacent; sharing common property lines uninterrupted
by any public street, railroad or other right-of-way.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
computer generated or reproduced images or other image-producing devices
are maintained to show images to five (5) or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of "specified sexual
activities" or "specified anatomical areas."
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one (1) or more of the following:
books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
CD-ROM discs or other computer software or other visual representations
which depict or describe "specified sexual activities" or "specified
anatomical areas"; or
instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities."
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A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as ADULT BOOKSTORE or ADULT
VIDEO STORE. Such other business purposes will not serve to exempt
such commercial establishment from being categorized as an ADULT BOOKSTORE
or ADULT VIDEO STORE so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe "specified sexual activities" or
"specified anatomical areas."
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A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
persons who appear in the state of nudity; or
live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities";
or
films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas."
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, computer generated
or reproduced images or similar photographic reproductions which are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas".
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, computer generated
or reproduced images or similar photographic reproductions are regularly
shown which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of "specified anatomical areas" or "specified sexual activities."
A public thoroughfare that affords only a secondary means
of access to adjacent property and is not intended for general traffic
circulation.
See STRUCTURAL ALTERATION.
A landowner or developer who has filed an application for
development, including his heirs, successors and assigns, as the case
may be.
See LOT AREA.
A public street which serves large volumes of high speed
and long distance traffic. The street classified as an arterial street
in the Borough is the Parkway West and its related ramps controlled
by the Pennsylvania Department of Transportation (PennDOT).
A space or loft space between the roof and the ceiling of
the top floor.
Any structure or land used for the dispensing, sale or offering
for sale at retail, of any automobile fuels, oils or accessories,
including lubrication of automobiles and replacement or installation
of minor parts and accessories, but excluding any major repair work,
such as motor replacement, body and fender repair, spray painting
or welding, storage of automobiles not in operating condition, and
which may include retail facilities for merchandise other than automobile
related, such as lunches, refreshments, groceries, and printed or
electronically recorded material, whether or not automobile fuel and
oil receipts exceed that of the other retail merchandise; and/or car
wash facilities.
A story partly below ground having one-half (1/2) or more
of its height below the average level of the adjacent ground.
The average elevation of the proposed grade line of the ground
at the front of the structure as shown on the construction plans;
in the case of a structure abutting the front property line, the elevation
of the curb in front of the center of the structure, or if there is
no curb, the elevation of the proposed grade line at the center of
the front lot line; in case no grade line is established the actual
existing grade of the traveled roadway shall apply.
Any off-premises sign which advertises an establishment,
activity, person, product or service which is unrelated to or unavailable
on the premises where the sign is located.
See ZONING HEARING BOARD.
The Borough of Rosslyn Farms, Allegheny County, Pennsylvania.
Borough Council of the Borough of Rosslyn Farms, Allegheny
County, Pennsylvania.
A landscaped area of a certain depth specified by this Ordinance
intended to provide a visual barrier which shall be planted and maintained
in trees, grass, ground cover, shrubs, bushes or other natural landscaping
material or an existing natural barrier or constructed natural barrier
which duplicates the effect of the required Buffer Area.
A structure having a roof supported by columns or walls used
for the housing or sheltering of persons, animals or tangible personal
property.
See HEIGHT OF BUILDING.
A document issued by Borough attesting that a proposal for
construction meets all requirements of the Borough Building Code,
allowing the approved construction to proceed.
See PRINCIPAL BUILDING.
The line within a property defining the minimum required
distance between the front of any building and the adjacent street
line. (See also YARD, FRONT)
See OFFICES, BUSINESS OR PROFESSIONAL
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, sales or repair of vehicles or heavy equipment.
An eating establishment located within a business establishment
which is restricted to employees of the business establishment and
their invited guests.
A building, other than a dwelling, used by a non-profit group
or organization which is created and exists for the sole purpose of
regularly conducting worship services and which may also include,
as accessory uses, religious education, social and recreational activities
and administrative offices.
The triangular area formed by a diagonal line connecting
two (2) points located on intersecting right-of-way lines (or right-of-way
line and the curb of a driveway), each point being that distance from
the intersection, and the two (2) intersecting right-of-way lines
(or right-of-way line and a driveway) specified in the illustration
in Appendix A.
Any establishment where one (1) or more practitioners offer
a range of related services to human patients who are examined and
treated by or under the care and supervision of doctors, dentists
or other medical practitioners, but where patients are not hospitalized
overnight.
See VETERINARY CLINIC.
A public street which, 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.
Streets classified as collector roads in the Borough for the purposes
of interpreting this Ordinance are: Kings Highway (between Rosslyn
Road and Baldwin Road) and Rosslyn Road (between the Parkway West
and Kings Highway).
The mounting of one or more Communications Antennas on an
existing Communications Tower, or other Wireless Support Structure
that already supports at least one Communications Antenna.
[Added Ord. No. 393]
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
See RECREATION, COMMERCIAL.
The Commonwealth of Pennsylvania.
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to, omni-directional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas which may
be mounted on an existing building, an existing public service corporation
storage or transmission structure or an existing communications tower,
except for transmission and receiving devices licensed by the Federal
Communications Commission (FCC) exclusively for private use by citizens.
A manned or unmanned structure which contains the equipment
necessary to maintain and operate communications antennas and which
covers an area on the ground in excess of two hundred (200) square
feet.
An unmanned structure which contains the equipment necessary
to maintain and operate communications antennas and which covers an
area on the ground of no more than two hundred (200) square feet.
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one (1) or more of the following
mounts for antennas: rotatable platform, fixed platform multi-point
or side-arm mounts and pipe mounts for microwave dish antennas.
An organization comprised mainly of residents of the neighborhood
in which it is located, the primary purpose of which is the advancement
of its members or of the community in recreation, education, cultural
or civic pursuits and activities.
An area of land owned by the public that is made available
to the residents of a community on a seasonal basis for the growing
of flowers and vegetables.
Any office, place of assembly or recreational facility operated
by a government agency or its authorized agency, a non-profit organization
or an authority that provides social services, including counseling,
recreation, employment, financial or other types of assistance to
the general public, or a segment thereof, but not including any residential
facilities.
A building which has continuous connecting walls and a roof
designed so that all the walls are solid from the ground to the roof,
containing no openings other than windows and doors.
An authorized use which may be granted only by Borough Council
pursuant to express standards and criteria prescribed in this Ordinance,
after review and recommendation by the Planning Commission and public
hearing by Borough Council.
A mobile unit temporarily placed on a construction site to
provide temporary offices, storage or construction supervision on
the site during the time when a valid Building Permit or Grading Permit
is in effect.
See BOROUGH COUNCIL.
County of Allegheny, Pennsylvania.
See LOT COVERAGE.
A facility licensed by the Commonwealth located in a building
which is not used as a dwelling unit for the care during part of a
twenty-four (24) hour day of children under the age of sixteen (16)
or handicapped or elderly persons.
A home occupation involving the care, on a regular basis,
during part of a twenty-four (24) hour day of not more than six (6)
children under sixteen (16) years of age, excluding care provided
to children who are relatives of the operator and which is licensed
or registered by the Commonwealth.
Any uncovered outdoor living area, without a roof, in excess
of twenty-four (24) square feet, constructed on or above the surface
of the ground.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
Any landowner or agent of such landowner who makes or causes
to be made an application for development.
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure, but excluding those generally consumed
such as chicken and turkey, including, but not limited to, dogs and
cats, provided there is not a sufficient number to constitute a kennel,
as defined herein, 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 or life threatening
snakes, alligators, monkeys or other animals normally found in a zoo;
nor any horses, pigs or other fowl, chicken, turkey or livestock customarily
found on a farm.
[Amended 12-14-2015 by Ord. No. 389]
Any principal use or accessory use which provides services
to persons while they remain in their vehicles, including, but not
limited to drive-in restaurants, drive-in banking windows, Automated
Teller Machines (ATMs), drive-through car washes, drive-up vehicle
services such as lubrication and oil change and the like.
A private paved area which provides vehicular access to a
parking space, garage, dwelling or other structure.
A retail establishment which sells prescription drugs and
patent medicines, and which also may sell surgical and sickroom supplies,
cosmetics, household goods and a limited selection of food products.
Any building designed or used as permanent living quarters
for one (1) or more families, but not including hotels, motels, dormitories,
bed and breakfast, assisted living facilities, nursing homes, personal
care boarding homes, group care facilities or an educational, religious
or philanthropic institution that includes residential facilities.
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A.
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Single Family Dwelling — A residential building containing
one (1) dwelling unit and which is the only principal building on
the lot.
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B.
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Two Family Dwelling — A residential building containing
two (2) independent dwelling units, each having a separate entrance.
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C.
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Multifamily Dwelling — A residential building or portion
thereof containing three (3) or more dwelling units, including garden
apartments and townhouses.
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D.
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Garden Apartment — A multifamily residential building
no more than three (3) stories in height containing three (3) or more
dwelling units which share a common entrance to the outside, usually
through a common corridor, balcony or walkway and which dwelling units
may have other dwelling units either above or below them.
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E.
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Townhouse — A multifamily residential building no more
than two and one half (2Â 1/2) stories in height which contains
at least three (3), but no more than eight (8) dwelling units, each
of which are separated from the adjacent 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.
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One (1) or more rooms which are used as living quarters for
one (1) family and which have permanent facilities for sleeping, kitchen
facilities, as well as separate sanitary facilities.
The number of dwelling units authorized by this Ordinance
per acre of land.
An area of land within which certain rights are granted by
the owner for public or private purposes.
Any facility operated by a government agency or its authorized
agency, a non-profit organization or an authority that is not otherwise
specifically defined by this Ordinance that provides social services
to the general public, or a segment thereof, and that may or may not
include residential facilities.
The process by which the surface of the land is worn away
by the action of water, wind or chemical action.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies, of underground
or overhead Cable TV, gas, electrical, steam or water transmission
or distribution systems, collection, communication supply or disposal
systems including poles, wires, mains, drains, sewers, pipes, conduit
cables, transmitters, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith; reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
structures.
Either an individual, or two (2) or more persons related
by blood or marriage or adoption; or a group of not more than four
(4) persons not so related (not counting servants), living together
and maintaining a common household, or any number of persons protected
by the provisions of the Fair Housing Act (42 U.S.C. 3601 et seq.,
as now or hereafter amended) living together in a supervised group
living arrangement and maintaining a common household. (Family shall
not include persons living together in any supervised living arrangement
who are not maintaining a common household or who are not protected
by the provisions of the Federal Fair Housing Amendments Act.)
A constructed barrier of any natural or man-made material
or combination of materials erected to enclose or screen an area of
land, but not including a retaining wall.
Banks, Savings and Loan Associations and similar institutions
that lend money or are engaged in a finance-related business.
The sum of the horizontal areas of the several floors of
a principal building measured between the exterior faces of walls.
Gross floor area, less the stairways, elevators, halls, utility
and bathroom areas and mechanical rooms.
A building or portion thereof, used for the storage but not
repair or service of motor vehicles. A garage is not a service station
(See AUTOMOTIVE SERVICE STATION.)
See "D" under DWELLING.
See AUTOMOTIVE SERVICE STATION.
See BASIC GRADE.
See FLOOR AREA, GROSS
Physical circumstances or condition unique to the particular
property involved which preclude development in strict conformity
with the provisions of the Ordinance.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a Communications Tower, including
any Communications Antennas mounted on the Tower, and any other appurtenances.
[Added Ord. No. 393]
The vertical distance and the number of stories measured
from the basic grade to:
The vertical distance measured from basic grade around the
structure to the highest point of a structure, other than a building.
(See also "HEIGHT OF BUILDING")
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use of a dwelling
for residential purposes and which involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pick-up,
delivery or removal functions to or from the premises in excess of
those normally associated with residential use.
The maintenance of a water garden or the raising of flowers,
fruits and vegetables for personal use and enjoyment on a residential
lot, not involving any sale or other profit-making activity.
An accessory use of a service character, other than a no
impact home based business, carried on primarily within a dwelling
unit by the residents thereof which is clearly incidental and secondary
to the use of the building for dwelling purposes, and which does not
change the residential character thereof.
An establishment which provides transient lodging accommodations
to the general public and which may provide such additional supporting
services as restaurants, meeting rooms, parking garage, recreation
facilities and living quarters for a resident manager or proprietor.
Any material which prevents the absorption of stormwater
into the ground, including, but not limited to, concrete, asphalt,
stone, brick, block or other paving material or a roof or awning.
Any household or establishment where more than four (4) dogs
or more than six (6) cats, or any combination of cats and dogs exceeding
six (6) animals, who are more than six (6) months old are kept, bred,
trained and/or boarded at any one time, whether for profit or not.
A plan prepared in accordance with the application requirements
of the Borough Subdivision and Land Development Ordinance for approval
of a land development, as defined therein.
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 the land.
Any combination of hedges, trees, shrubs or earth berms arranged
so as to create a continuous visual barrier.
A retail business which includes the growing and/or selling
of flowers, plants, trees, shrubs and other natural flora and the
products which aid their growth and care and which may include one
(1) or more of the following activities as accessory uses only: storage
of small amounts of decorative landscaping materials such as landscaping
ties, decorative rocks, marble chips, sandstone or limestone chips;
and/or the storage of small amounts of reddog, slag, sand or gravel
to be used in landscaping or preparation of driveways; and/or shredding
or screening of topsoil; however, in no case shall any amount of asphalt
or cold patch be permitted to be stored or prepared on the site.
A plan prepared by a registered landscape architect or registered
architect identifying each tree and shrub by size, type and scientific
name, the location of each, including a planting diagram and such
other diagrams or reports as are necessary to show the method of planting,
staking and mulching, grass seeding specifications and mixtures and
existing trees to be preserved.
See PERMITTEE OR LICENSEE
A portion of a lot used for the standing, loading or unloading
of materials or merchandise received or distributed by tractor-trailers.
Any public street that is not defined herein as an arterial
street or a collector street.
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
That area measured on a horizontal plane bounded by the front,
rear and side lot lines, exclusive of any area within a street right-of-way.
A lot situated at and abutting the intersection of two (2)
streets, having an interior angle of intersection not greater than
one hundred thirty-five (135) degrees.
A lot other than a corner lot.
A lot, the front lot line and rear lot line of which abut
streets.
That percentage of the lot area covered by all principal
and accessory structures and impervious surfaces, including, but not
limited to, decks, patios, walkways, parking pads, driveways and parking
areas.
Any lot which individually or as a part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Allegheny
County.
That line which bounds the lot contiguous with the street
right-of-way line. (In the case of a corner lot or through lot, there
are two (2) front lot lines.)
That line which is generally opposite to the front lot line.
Any lot line which is not a front lot line or a rear lot
line.
The straight line distance between the points of intersection
of the building setback line with the side lot lines.
No feasible and prudent alternative exists, and all possible
planning to minimize potential harm has been undertaken.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
See CLINIC, MEDICAL
See OFFICE, MEDICAL
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
A type of Communications Tower characterized by its a single
pole structure, designed and erected on the ground or on top of a
structure, to support Communications Antennas and connecting appurtenances.
[Added Ord. No. 393]
See HOTEL/MOTEL.
A self-propelled device used for transportation of people
or goods over the streets and highways and licensed by the Commonwealth
as a motor vehicle.
See "C" under DWELLING TYPES
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., as amended.
See FLOOR AREA, NET
See HOME BASED BUSINESS, NO IMPACT
A lawful lot, legally existing at the time of passage of
this Ordinance (or subsequent amendment), that does not comply with
the applicable lot area and lot width requirements of this Ordinance
for the Zoning District in which the lot is located by reason of the
adoption of this Ordinance or its subsequent amendment.
A lawful structure or portion thereof, legally existing at
the time of passage of this Ordinance (or subsequent amendment), that
does not conform to the terms of this Ordinance governing area, lot
coverage, height, yards, other characteristics of the structure, or
its location on the lot by reason of the adoption of this Ordinance
or its subsequent amendment.
A lawful use of a structure or land, legally existing at
the time of passage of this Ordinance (or subsequent amendment), which
does not conform to the current use regulations applicable in the
Zoning District in which it is located by reason of the adoption of
this Ordinance.
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
A separate permit required before occupancy of a dwelling
or other building is permitted. Occupancy is defined as taking possession
of, or using, any structure as an occupant, permanently or temporarily.
Any office of recognized professions, other than medical,
such as lawyers, architects, engineers, real estate brokers, insurance
agents and others who, through training, are qualified to perform
services of a professional nature and other offices used primarily
for accounting, corresponding, research, editing or other administrative
functions, but not including banks or other financial institutions.
One (1) or more administrative offices of individual doctors,
dentists, chiropractors or other medical practitioners and their supporting
staffs where human patients receive diagnosis, treatment and counseling.
A paved area, other than a parking pad, street or alley,
used exclusively for the parking of motor vehicles, including parking
spaces and the aisles and driveways providing access to the parking
spaces.
A parking area which is an accessory use on the same lot
owned and used by the tenants or owners of the lot only and their
invited guests.
A parking area which is the principal use on the lot, available
for use by the general public for the parking of motor vehicles which
may be operated by either a public agency or private entity, whether
for profit or not.
A detached accessory building, or portion of a principal
building, for the parking or temporary storage of motor vehicles belonging
to occupants of the premises.
A parking area located in a parking structure or parking
garage which is the principal use on the lot, which may be operated
by either a public agency or a private entity, whether for profit
or not, and which is available to the general public for the parking
of motor vehicles.
A paved area, other than a driveway, on a residential lot
intended for the parking of one (1) or more motor vehicles owned by
the owners or tenants of the lot, which is accessory to the principal
use of the lot.
A portion of a garage or parking area designated for the
parking of one motor vehicle designed in accordance with the requirements
of this Ordinance.
The individual, partnership, corporation, incorporated association
or other legal entity to whom a valid permit or license is issued
by the Borough in accordance with the terms of this Ordinance.
An individual, proprietorship, partnership, corporation,
association, estate, trust or other legal entity.
Any enterprise conducted wholly within a completely enclosed
building for profit, which primarily offers services to the general
public such as shoe repair, valet service, watch repairing, barber
shop, beauty parlors and related activities, but not including the
repair of automobiles and machinery.
Those persons appointed by Borough Council of the Borough of Rosslyn Farms, Allegheny County, Pennsylvania to be the planning agency for the Borough as defined and authorized by Article II of the Pennsylvania Municipalities Planning Code.
A drawing based on a property survey prepared by a registered
surveyor in the Commonwealth submitted in connection with an application
for approval under this Ordinance drawn accurately and legibly on
durable material showing compliance with all applicable requirements
of this Ordinance.
An accessory structure attached to a dwelling constructed
either on or above the ground, with or without an enclosed foundation
and which has flooring that is impervious or is covered by a roof
or awning.
A portable container, shed or other storage device, generally
delivered or picked up by truck, tractor or other such vehicle, used
for the purpose of storing tangible personal property.
[Added 7-11-2011 by Ord. No. 372; amended 4-9-2012 by Ord. No.
378]
The building or buildings on a lot in which the principal
use or uses are conducted.
The structure or structures in which the principal use or
uses are conducted.
The primary or predominant use of any lot or structure.
Owned, operated or controlled by any person, partnership,
corporation, association or entity other than a Federal, State, County
or local government agency.
Any establishment operated by a private organization for
social, recreational, educational, fraternal or sororal purposes which
is open only to members and their invited guests and not to the general
public.
See PARKING AREA, PRIVATE
See PARKING GARAGE, PRIVATE
See RECREATION, PRIVATE
Owned, operated or controlled by a government agency, Federal,
State County or local.
Any structure owned or operated by a public body or agency,
which dispenses general services to the public, including municipal
buildings, community centers, libraries, road maintenance garages
and similar buildings.
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in accordance
with this Ordinance.
A forum held pursuant to notice under the act of July 3,
1986 (P.L/ 388, No. 84), known as the "Sunshine Act," as amended.
Notice published once each week for two (2) successive weeks
in a newspaper of general circulation in the municipality. 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 thirty (30) days and the second publication
shall not be less than seven (7) days from the date of the hearing.
A lot or parcel owned by a government agency (Federal, State,
County or local) devoted to passive and active recreation.
See PARKING AREA, PUBLIC.
See PARKING GARAGE, PUBLIC.
See RECREATION, PUBLIC
Any company or authority subject to the jurisdiction of and
control by the Pennsylvania Public Utility Commission.
Any administrative, maintenance or service building operated
by a public utility or any transmission facility of a public utility
which does not meet the definition of an essential service.
An enterprise operated for profit by any individual, agency
or corporation other than a public entity, for the indoor or outdoor
pursuit of sports, recreation and leisure activities, including, but
not limited to, such establishments as miniature golf, golf or batting
practice facilities, bowling alleys, health or fitness clubs, martial
arts, gymnasiums, ice or roller rinks, playing fields, racquet clubs,
swimming pools, stadia and similar facilities.
An enterprise, the use of which is limited to members and
their guests, operated by an individual, association or corporation,
other than a public entity, whether or not for profit and whether
or not the facilities are advertised to the general public, including
either indoor or outdoor facilities for the pursuit of sports, recreation
and leisure activities, including, but not limited to, such establishments
as country clubs, golf course, sportsmen's clubs, golf practice facilities,
playing fields, tennis or racquet clubs, fitness clubs, swimming pools
and similar facilities.
An enterprise operated by a public entity, available to the
general public, whether or not an admission fee is charged, including
either indoor or outdoor facilities for the pursuit of sports, recreation
or leisure activities, including, but not limited to, parks, playgrounds,
playing fields, golf courses, golf or batting practice facilities,
ice rinks, tennis courts, swimming pools, street hockey, basketball
courts and similar facilities.
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 purposes 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, snowmobile trailers, all-terrain vehicles,
personal watercrafts, personal watercraft trailers, or any trailer
used to transport a recreational vehicle.
[Amended 9-9-2019 by Ord. No. 406]
Any piece of equipment related to, incidental to, or necessary
for, the operation of a Communications Tower or Communications Antenna.
By way of illustration, not limitation, Related Equipment includes
generators and base stations.
[Added Ord. No. 393]
Offices used for the investigation and refinement of scientific
knowledge, including the engineering and industrial application of
such knowledge, but not including the mass production of products
thus engineered. Commercial servicing or repair of commercial products
is not included nor is external display of any materials or products.
An establishment whose principal use is the sale of food
and beverages for sale and consumption on the premises and/or take-out
and/or delivery and which may or may not include the sale of alcoholic
beverages as an accessory use.
An establishment which sells products and/or services directly
to consumers, which may include wholesale sales as an accessory use,
provided the area devoted to wholesale sales constitutes no more than
twenty-five percent (25%) of the gross floor area of the establishment,
but not including the manufacturing or processing of any products
on the site.
An area of land reserved or dedicated for public or private
purposes to provide access across property of another.
A school, including a public or private elementary, middle
or secondary school and a private nursery school or pre-school having
regular sessions, with regularly employed instructors, teaching those
subjects that are fundamental and essential in elementary or secondary
education under the supervision of the Commonwealth of Pennsylvania
or a lawfully constituted ecclesiastical governing body, or a corporation
meeting the requirements of the Commonwealth.
A fence constructed so that the surface area is at least
eighty percent (80%) opaque to obscure vision from one side of the
fence to the other and which may include solid or nearly solid fence
members or other opaque screening material inserted through the openings,
excluding cyclone fencing with vinyl inserts.
A minimum level of illumination necessary for safety of pedestrians
and vehicles in parking areas and around the outside of buildings
or structures.
A state of dress in which clothing covers no more than the
genitals, pubic region and arcola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center, as defined
herein.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
The use of a dwelling unit in which the owner rents any area
of the dwelling unit to one (or more) individuals for compensation
or fee, including offer of exchange in kind, of any type (whether
or not involving overnight accommodations or separate sleeping quarters)
for less than 30 consecutive days. This definition applies to all
types of residential dwellings including (but not limited to) single-family
detached residential, two-family residential, multi-family residential,
and residential properties commonly considered as seasonal dwelling
units, vacation homes, or tourist homes. A short-term rental use shall
not cause an increase in vehicular or pedestrian traffic, or the use
of water, sewage, garbage, public safety or any other municipal services,
beyond that which is normal for a dwelling unit in the neighborhood.
[Added 11-9-2021 by Ord. No. 413]
Any surface, fabric, device or structure bearing lettered,
pictorial or sculptured matter designed to convey information visually
and exposed to public view.
The smallest rectangle or other regular shape which encompasses
all of the letters, symbols and accompanying designs, together with
background on which they are displayed, but not including any supporting
structures. In computing the area of a double-faced sign, only one
(1) side shall be considered. If a sign is comprised of more than
two sides, the area of each side shall be considered in calculating
sign area.
See "A" under DWELLING TYPES
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise or descent in elevation
by the number of feet or horizontal distance, expressed as a percentage.
See STEEP SLOPE
See USE BY SPECIAL EXCEPTION.
The male genitals and/or the vulva or more intimate parts
of the female genitals.
Any of the following:
the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
masturbation, actual or simulated; or
excretory functions as part of or in connection with any of
the activities set forth in "a" through "c" above.
Camouflaging methods applied to Communications Towers, Communications
Antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted Communications Antennas, building-mounted Communications
Antennas painted to match the existing structure and Wireless Communications
Facilities constructed to resemble trees, shrubs, and light poles.
[Added Ord. No. 393]
Any existing slope that is twenty-five percent (25%) or greater.
That part of any building, inclusive of basements, comprised
between the level of one finished floor and the level of the next
higher finished floor, or if there be no higher finished floor, then
that part of the building comprised between the level of the highest
finished floor and the top of the roof beams.
A public street, public casement, right-of-way, public highway,
public alley, public way or public road accepted or maintained by
a Municipality, or open for travel and use by the public, whether
or not so accepted or maintained, including the entire area within
the right-of-way thereof.
See ARTERIAL STREET
See COLLECTOR STREET
See LOCAL STREET
Any change in the support members of a building such as bearing
walls, columns, beams or girders; changes in the means of ingress
and/or egress; enlargement of floor area or height of a structure;
or relocation of a structure from one position to another.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See ACCESSORY STRUCTURE.
See HEIGHT OF STRUCTURE.
The Subdivision and Land Development Ordinance of the Borough
of Rosslyn Farms, Allegheny County.
The increase in floor areas occupied by the business by more
than twenty-five percent (25%), at the time the use is first established.
A modification to an existing wireless communications facility
Substantially Changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
[Added Ord. No. 393]
For Communications Tower outside the public rights-of-way, it
increases the height of the facility by more than 10%, or by the height
of one additional antenna array with separation from the nearest existing
antenna, not to exceed 20 feet, whichever is greater; for Communications
Towers in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater;
For Communications Tower outside the public rights-of-way, it
protrudes from the edge of the WCF by more than 20 feet, or more than
the width of the Tower structures are the level off the appurtenance,
whichever is greater; for those Communications Tower in the public
rights-of-way, it protrudes from the edge of the structure by more
than 6 feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
4 cabinets;
It entails any excavation of deployment outside the current
site of the Communications Tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the Communications Tower unless
the non-compliance is due to an increase in height, increase in width,
or addition of cabinets.
See SIGN, SURFACE AREA OF
A container of water used for swimming or bathing purposes,
of any depth or size if wholly or partially sunk beneath adjacent
ground level. If erected above ground, the same shall be covered under
the terms of this Ordinance only if it has at least one (1) dimension
greater than fifteen (15) feet, or is more than thirty-six (36) inches
in depth. As herein defined the term "Swimming Pool" shall be deemed
to be a structure.
The parking of a recreational vehicle for a period not in
excess of forty-eight (48) hours, provided that the continuity of
a single forty-eight (48) hour period shall not be considered broken
or terminated unless said recreational vehicle shall have been removed
from the Borough of Rosslyn Farms or otherwise stored in the Borough
of Rosslyn Farms in accordance with the provisions of this Ordinance
for a continuous period of two (2) consecutive weeks.
Any use or structure which may be a principal use on a lot
or accessory to an existing principal use on a lot intended to be
used for six (6) consecutive months or less.
See "E" under DWELLING TYPES
A study prepared by a qualified traffic engineer analyzing
the expected trip generation from a proposed development using the
Institute of Transportation Engineers (ITE) current standards and
the impact of the traffic generated by the proposed development on
the capacities and levels of service of all streets and intersections
in the vicinity of the site.
An unpowered single- or multiple-axle structure mounted on
wheels that is drawn by a motorized vehicle.
[Added 9-9-2019 by Ord. No. 406]
Any of the following:
the sale, lease or sublease of the business;
the transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
the establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
See "B" under DWELLING TYPES
Any activity, business or purpose for which any lot or structure
is utilized.
An authorized use which may be granted only by the Zoning
Hearing Board in accordance with express standards and criteria specified
in this Ordinance after public hearing.
A departure from the strict letter of this Zoning Ordinance,
as it applies to specific properties, as authorized by the Zoning
Hearing Board in accordance with the standards specified in the Pennsylvania
Municipalities Planning Code.
The rental of automobiles, motor cycles and trucks under
26,000 pounds GVW, but not including any heavy equipment or any other
vehicle or equipment which is not classified as a "motor vehicle"
under the PA Motor Vehicle Code.
The sales and servicing of automobiles, motor cycles and
trucks under 26,000 pounds GVW, but not including any heavy equipment
or any other vehicle or equipment that is not classified as a "motor
vehicle" under the PA Motor Vehicle Code.
An establishment within a completely enclosed building for
the medical or surgical treatment of domestic pets, as defined herein,
including the overnight boarding of hospitalized animals, not including
any outdoor kennels or runs.
A solid structure, usually masonry, constructed and erected
as a barrier between properties or to enclose a portion of property
or as a decorative feature in the landscape.
A solid structure constructed and erected between lands having
different elevations, the purpose of which is to support the earth
between the upper and lower elevations.
A business primarily engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public which includes the
warehousing of merchandise and which may include distribution of such
merchandise on the site of the principal business.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
commercial wireless communications services.
[Added Ord. No. 393]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW), Borough-owned land, or any other property.
[Added Ord. No. 393]
A freestanding structure, such as a Communications Tower,
or any other support structure, that was constructed to primarily
support the placement or installation of a wireless communications
facility if approved by the Borough.
[Added Ord. No. 393]
A required open space located on a lot which is unobstructed
in any manner, except as expressly permitted by this Ordinance.
A yard extending across the full lot width and abutting the
front lot line. The depth measurement required by this Ordinance for
the front yard shall be the horizontal distance between the front
lot line and a line parallel or concentric thereto known as the building
line.
A yard extending across the width of the lot between the
side yards and adjacent to the rear lot line. The minimum depth measurement
required by this Ordinance shall be the horizontal distance between
the rear lot line and a line parallel thereto.
A yard extending between the front yard line and the rear
yard line parallel to the side lot line. The minimum width measurement
required by this Ordinance shall be the horizontal distance between
the side lot line and a line parallel thereto.
Geographic areas within the Borough in which the uses to which land can legally be utilized are designated and for which the boundaries are described in Article III and are shown on the Zoning Map which is part of this Ordinance.
The Zoning Hearing Board appointed by Borough Council whose jurisdiction is specified in Article XV of this Ordinance.
The official map delineating the Zoning Districts of the
Borough of Rosslyn Farms, Allegheny County, Pennsylvania, together
with all amendments subsequently adopted.
The designated official or an authorized representative appointed
by Borough Council whose duty it shall be to administer this Ordinance.
The Zoning Ordinance adopted by the Borough of Rosslyn Farms,
including all amendments to said Ordinance, now or hereafter enacted.
