[Ord. 775, 6/15/1983, § 140-201]
1.
For the purpose of this chapter certain terms and words used herein
shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the future.
B.
Words in the singular shall include the plural.
C.
The word "person" includes a corporation, company, partnership and
association, as well as an individual.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The term "shall" is always mandatory.
F.
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designated
to be used or occupied."
G.
The word "building" includes the word "structure."
[Ord. 775, 6/15/1983, § 140-202; as amended by
Ord. 806, 6/11/1986; by Ord. 854, 9/13/1989, § 1; by Ord.
872, 5/22/1991, § 1; by Ord. 908, 7/13/1995, § 140-202;
by Ord. 938, 10/14/1998, §§ 1,2; by Ord. 949, 4/14/1999,
§ 1; by Ord. 988, 11/13/2002, § 1; by Ord. 995,
12/10/2003; by Ord. 1001, 10/13/2001, § 1; and by Ord. 1040,
5/12/2010, § 1]
In addition to the following definitions, diagrams illustrating
key lot, area and bulk and sign terms appear at the end of this section.
In the event of any discrepancy between the illustration and the written
definition, the definition shall govern.[1]
A use, building or structure, the use of which is customarily
incidental and subordinate to the main or principal use, building
or structure and which is located on the same lot therewith.
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, tattoo parlor or body-piercing establishment as defined in Chapter 13, Part 8, of the Aspinwall Borough Code of Ordinances, Adult Oriented Businesses.
A narrow service way providing a secondary public means of
access to the rear or side of properties otherwise abutting on a street.
An incidental change, rearrangement, replacement or enlargement
in the structural parts or in the means of egress, whether by extending
on a side or by increasing in height, or the moving from one location
or position to another; or by change in use from that of one district
classification to another.
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
constituting the normal or existing level of environmental noise at
a given location without extreme atmospheric conditions such as wind
greater than three meters per second or precipitation and then adjusting
the noise level to eliminate any noise associated with existing developments
or facilities.
[Added by Ord. No. 1081, 11/11/2020]
A business, or portion thereof, having on its premises for
use by the public, five or more video or electromechanical devices
operated by inserting a coin or token.
See "dwelling, multifamily."
A landowner or developer, as hereinafter defined, who has
filed an application for development including his/her heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed pursuant to this chapter.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
[Added by Ord. 1060, 6/11/2014]
A story wholly or partly underground. A basement shall be
counted as a story for the purpose of height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet or if used for business or dwelling
purposes.
A private, owner-occupied residence operated primarily as
a business, with no more than five guest rooms, where overnight accommodations
and a morning meal are provided to transients for compensation.
[Added by Ord. 1060, 6/11/2014]
State of the art mitigation measures applied to oil and natural
gas drilling and production to help ensure that energy development
is conducted in an environmentally responsible manner.
[Added by Ord. No. 1081, 11/11/2020]
A sign, other than one indicating a business conducted on
the premises, upon which advertising matter of any character is printed,
posted or lettered; it may be either freestanding or attached to the
surface of a building or other structure, or applied directly to the
surface. (See also, "Sign").
Borough of Aspinwall.
The Council of the Borough of Aspinwall.
The professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed as the engineer of the Borough
of Aspinwall, or his designee.
The Manager of the Borough of Aspinwall, or his designee,
or the designee of Borough Council.
An area of land which may include natural or artificial land
forms or a planted area with shrubs, bushes, trees, grass or other
ground cover material, and within which no structure or building shall
be authorized except a wall or fence which meets requirements of this
chapter.
Any covered structure that is permanently affixed to the
land.
The area of the lot within the building lines, bounded by
the required yards; where there is no required yard, then bounded
by the lot line.
The existing location of a building on property as delineated
by the outermost location of the building's walls and foundation.
A line which designates the minimum distance that a building
must be erected from a street right-of-way line. Such distance shall
be measured at right angles from the front street right-of-way which
abuts the property upon which said building is located and be parallel
to said right-of-way line. The building line shall not include steps.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
[Added by Ord. 1060, 6/11/2014]
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Borough and that is either the principal structure or
an accessory structure on a recorded lot. This system also includes
any solar-based architectural elements. This definition does not include
building-integrated systems.
[Added by Ord. 1060, 6/11/2014]
The term used to describe the size of buildings and their
relationship to one another, to open areas, and to lot lines. Requirements
relating to the bulk include standards for size, including area, height
and floor area of a building; the number of dwelling units in a residential
building in relationship to the area of the lot; and areas in yards
or other open spaces.
The office of an engineer, doctor, dentist, attorney, real
estate broker, insurance broker, architect or other similar professional
person; and any office used primarily for accounting, correspondence,
research, editing or administration.
The smallest basic solar electric device which generates
electricity when exposed to light.
[Added by Ord. 1060, 6/11/2014]
A building used as a place of religious worship or teaching
(except rescue mission, temporary revival structure, or retreat house).
The unobstructed sight along both roads or driveways at an
intersection and across their included corner for distances sufficient
to allow the operators of vehicles approaching simultaneously to see
each other in time to prevent a collision. The minimum sight triangle
may vary according to type of street and speed limit. Sight distance
along the street shall be measured at the height of the driver's
eye, which is assumed to be 3.75 feet above the road surface (see
illustration).
A system utilized while drilling so that various types of
pits are not used and instead steel bins or closed containers are
used to collect all drilling waste.
[Added by Ord. No. 1081, 11/11/2020]
Engaging in a business, enterprise, activity or other undertaking
for profit.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of the development, but excluding
streets, off-street parking areas, and areas set aside for public
facilities.
Any device used for the transmission or reception of radio,
television, wireless, telephone, pager, commercial mobile radio service
or any other wireless communications signals including, without limitation,
omnidirectional or whip antenna and directional or panel antenna,
owned or operated by any person or entity licensed by the Federal
Communications Commission ("FCC") to operate such device. This definition
includes free standing antenna, antenna mounted on communication towers
("tower-mounted communication antenna") and antenna mounted on buildings
("building-mounted communication antenna"). This definition does not
include private residence mounted satellite dishes or television antenna
or amateur radio equipment including, without limitation, ham or citizen
band radio antenna.
Any unmanned building, court or other enclosure containing
equipment or control devices for the operation of a communication
antenna.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to hold and facilitate the operation
of a communications antenna.
The vertical distance measured from the ground level to the
highest point on a communications tower, including any communications
antenna mounted on the tower.
The date within 60 days of the completion of drilling, redrilling
or reworking of the well site.
[Added by Ord. No. 1081, 11/11/2020]
A use which may be permitted in one or more zoning districts
upon approval of Borough Council who may grant approval pursuant to
express standards and criteria and the provisions of this chapter.
The erection, renovation, repair, extension, expansion, alteration
or relocation of a building, structure or site improvements including
the placement of mobile homes.
A well that produces oil or gas from a conventional formation.
Conventional formations are variable in age, occurring both above
and below the Elk Sandstone. While a limited number of such gas wells
are capable of producing sufficient quantities of gas without stimulation
by hydraulic fracturing, most conventional wells require this stimulation
technique due to the reservoir characteristics in Pennsylvania. Stimulation
of conventional wells, however, generally does not require the volume
of fluids typically required for unconventional wells.
[Added by Ord. No. 1081, 11/11/2020]
See "lot, corner."
Aspinwall Borough Council.
Allegheny County, Pennsylvania.
Allegheny County Department of Economic Development or its
successor.
An open unoccupied, uncovered space partially or wholly surrounded
by the walls of a building or structure.
See "lot, coverage."
Days shall be measured by calendar days wherever a time period
is stipulated in this chapter.
A facility providing care, supervision and/or instruction
for six or more pre-school age children and licensed to operate as
such by the Pennsylvania Department of Public Welfare.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who undertakes a development.
Any change to real estate including, but not limited to,
the erection, construction or placement of a structure or building,
utilities, streets, parking and loading areas or other paved filling,
grading, excavation, mining, drilling or dredging operations, or the
placement of mobile homes.
A nonproducing gas well used for the storage of waste water.
[Added by Ord. No. 1081, 11/11/2020]
Any digging or boring of a new well to explore, develop,
or produce oil, gas or other hydrocarbons or to inject gas, water
or any other fluid or substance into the earth.
[Added by Ord. No. 1081, 11/11/2020]
A single unit providing complete, independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking, and sanitation. It shall not be deemed
to include hotels, boarding or rooming houses, institutional facilities
and residence clubs.
|
MULTIFAMILY DWELLING — A residential building containing
three or more separate dwelling units.
| |
|
SINGLE FAMILY DWELLING — A detached residential dwelling
unit, other than a mobile home, occupied by only one family.
| |
|
TWO FAMILY DWELLING — A detached building occupied by
only two families, independent of each other, with the two units either
attached side by side or one above the other.
|
The maximum number of dwelling units authorized per acre.
A place for the sale and consumption of food and/or beverages
to the general public, which includes restaurants, bars, taverns and
similar establishments.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
Underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems and their required buildings, owned and operated by a public
utility (licensed by the Pennsylvania Public Utility Commission as
such). Essential services do not include public or private incinerators,
landfills or similar waste disposal facilities, or towers or other
structures used for telecommunications, radio, cellular telephone,
paging, television or similar uses.
Temporary geologic or geophysical activities, drilling in
context with the zoning definition in this chapter, including seismic
surveys, related to the search for natural gas or other subsurface
hydrocarbons.
[Added by Ord. No. 1081, 11/11/2020]
An individual, or two or more persons related by blood or
marriage or adoption, living together in a dwelling unit; or a group
of not more than three persons who need not be related by blood or
marriage or adoption, living together as a single housekeeping unit
in a dwelling unit, and sharing common facilities as considered reasonably
appropriate for a family related by blood, marriage or adoption; provided,
however, that "family" shall not include boarding homes, family boarding
homes, nursing or convalescent homes, institutional facilities, group
residences, dormitories, fraternity houses, sorority houses, or similar
uses.
A facility, located in a residential area, where the resident
household provides room, board and specialized services to six or
fewer unrelated persons. These individuals may be children, handicapped,
elderly or otherwise in need of specialized supervision and care.
This category of facility requires licensing as a personal care home
by the Pennsylvania Department of Public Welfare.
Any structure constructed of wood, metal, wire, mesh or masonry
erected for the purpose of screening one property from another to
assure privacy, protection or confinement of the property. The term
"fence" shall include screening walls and hedges exceeding 30 inches
in height.
A fence shall be considered "open" if every segment of the
fence (e.g., a section between posts) is composed of at least 50%
open spaces and no more than 50% solid materials. All fences exceeding
these amounts are considered "solid" fences.
[Ord. No. 1082, 12/9/2020]
The flood fringe area of the floodplain district shall be
that area of the one-hundred-year floodplain not included in the floodway
area. The basis for this outermost boundary of this area shall be
the one-hundred-year flood elevations contained in the flood profiles
of the Flood Insurance Study and as shown on the Flood Boundary and
Floodway Map for Aspinwall Borough.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
and/or an area subject to the unusual and rapid accumulation or runoff
of surface waters. The boundaries of the one-hundred and five-hundred-year
floodplain are delineated on the Borough Flood Insurance Study.
All areas subject to the inundation by waters of the one-hundred-year
flood. The basis for delineation of this district shall be the same
as designated in the documentations of the Flood Insurance Study,
the Flood Insurance Rate Map and the Flood Boundary and Floodway Map
for the Borough of Aspinwall, as prepared by the Federal Insurance
Administration.
The channel of a river, stream or other watercourse capable
of carrying the waters of the one-hundred-year flood without increasing
the water surface elevation of that flood not more than one foot at
any point. The boundaries of the floodway are delineated on the Flood
Insurance Study and Flood Boundary Maps for Aspinwall Borough.
The murky, salty water from fracking natural gas wells. It
consists of frack fluid which returns to the surface as well as produced
water.
[Added by Ord. No. 1081, 11/11/2020]
The process of injecting water, customized fracking fluid,
steam, or gas into a gas well under pressure to improve gas recovery.
[Added by Ord. No. 1081, 11/11/2020]
Water obtained from a potable water source of the commonwealth
such as a stream, lake, water well, spring or other source that has
not been treated or utilized in commercial or industrial operations.
The term shall not include any water obtained from a local water authority.
[Added by Ord. No. 1081, 11/11/2020]
See "yard, front."
A fully enclosed building for the storage of motor vehicles,
not including buildings in which fuel is sold, or repair or other
service is performed.
A multifamily structure, usually not exceeding three stories
in height, sometimes designed around courts or common open areas,
frequently having private balconies or patios.
Building and premises where petroleum products, batteries,
tires and automobile accessories may be supplied and sold at retail,
and where services may be rendered in connection with these products,
including inspection, greasing, hand washing, polishing, servicing,
and adjustment of vehicles providing no major repair work is done.
Any well drilled for the intent of extracting gas or other
hydrocarbons from beneath the surface of the earth.
[Added by Ord. No. 1081, 11/11/2020]
The sum of the gross horizontal areas of the several floors
of the building measured from the exterior faces of the exterior wall
or from the center line of walls separating two buildings. For the
purposes of determining permissible size and off-street parking and
loading requirements, "flood area" shall include: (A) floor space
devoted to the principal use of the premises, including accessory
storage areas located within selling or working space such as counters,
racks, or closets; (B) any basement floor area devoted to retailing
activities; and, (C) floor area devoted to the production or processing
of goods or to business or professional offices. For this purpose,
floor area shall not include space devoted primarily to storage purposes
(except as noted above), off-street parking or loading facilities,
including aisles, ramps and maneuvering space, or basement floor area
other than area devoted to retailing activities, the production or
processing of goods, or business or professional offices.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
[Added by Ord. 1060, 6/11/2014]
Water in that portion of the generally recognized hydrologic
cycle which occupies the pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells and springs and is often
withdrawn for domestic, agricultural, municipal, industrial and other
beneficial uses.
[Added by Ord. No. 1081, 11/11/2020]
A facility located in a residential area, which provides
room, board and specialized services to six or fewer unrelated persons,
such as children (under 18 years), handicapped or elderly (over 60
years) individuals. The individuals must be living together as a single
housekeeping unit with one or more adults providing qualified twenty-four-hour
supervision. The group residence may be operated by a governmental
agent, certified agent or nonprofit corporation. This category shall
not include facilities operated by or under the jurisdiction of any
government bureau of corrections or similar institution.
The vertical distance measured from top of grade to the top
of the highest roof beams of a flat roof, or the mean level of the
highest gable or slope or a hip roof. Chimneys, flues, stacks, fire
escapes, gas holders, elevator enclosures, ventilators, skylights,
water tanks and similar roof structures required to operate and maintain
the building on which they are located shall not be included in calculating
maximum height. For purposes of measurement, grade shall be the average
of finished ground level adjoining the building at all exterior walls.
When the finished ground level slopes away from the exterior walls,
the reference plane shall be established by the lowest points within
the area between the building and the lot line or, when the lot line
is more than six feet from the building, between the building and
a point six feet from the building.
See "no-impact home based business."
A building or group of buildings containing rooms which provide
sleeping accommodations for transient guests on a daily or weekly
basis. The term shall include motor hotel, motor inn, motor lodge,
tourist court, inn and similar uses.
Equipment used to heat, cool or ventilate a structure.
[Added by Ord. 1060, 6/11/2014]
A surface area that prevents or retards the infiltration
of water into the soil and/or a hard surface area that causes water
to run off the surface of the ground in greater quantities or at an
increased rate of flow from the conditions prior to development, construction,
building or installation.
[Added by Ord. 1060, 6/11/2014]
A facility providing room and board for more than six persons
who are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services. The facility
shall be staffed on a twenty-four-hour basis by qualified personnel
and operated in accordance with commonwealth and Allegheny County
laws and regulations.
Any discarded material, articles or things including, but
not limited to, scrap, copper, brass, rope, rags, batteries, paper,
trash, rubber debris, water, iron, steel and other old or scrap ferrous
or non-ferrous material. Any wrecked, ruined, dismantled, abandoned,
non-operable, disable or junked motor vehicles or parts thereof, or
motor vehicles no longer used as such.
Any vehicle which is without a currently valid license plate or state registration and is in a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative, or abandoned condition, or for which the certificate of title has been returned to the Pennsylvania Department of Transportation in accordance with the provisions of the State Vehicle Code, or which by its appearance is unsightly and not in repairable condition, or which has been declared abandoned according to the provisions of the Borough of Aspinwall, Motor Vehicle and Traffic Ordinance [Chapter 15 hereof] or the State Vehicle Code. Where a certificate of junk has been issued by the Pennsylvania Department of Transportation, such certificate shall be conclusive evidence that the subject vehicle is a junk vehicle; however, where no such certificate has been issued or applied for, the failure to have the vehicle licensed shall be prima facie evidence that the subject vehicle is a junk vehicle.
Any yard, lot or place covered or uncovered, outdoors or
in an enclosed building or structure, containing junk as defined herein,
upon which occurs one or more acts or buying, keeping, storing, accumulating,
dismantling, processing recycling, salvaging, selling or offering
for sale any such junk, in whole units or by parts, or any premises
used for the storage of junk vehicles.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1,000 kW is equal to 1megawatt (MW).
[Added by Ord. 1060, 6/11/2014]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with § 503(1.1) of the MPC.
As used in this definition, the term "improvement" shall include,
but not be limited to, construction, reconstruction, renovation, remediation
and other similar activities:
That increase or expand the building footprint and/or outside
dimensions of an existing building on the subject property.
The cost of which is equal to or greater than 40% of the fair
market value of the subject property as established by the current
Allegheny County property assessment records.
The cost of which is $100,000 or more.
A plan that encompasses a proposed land development, which, in addition to a plat of subdivision, if required, includes all covenants relating to the use of the land; a topographic and boundary survey of the lot or parcel, the proposed use, location and bulk of buildings and other structures; the intensity of use or density of development; vegetation, drainage, floodways, wetlands and waterways, streets, ways and parking facilities; pedestrian circulation routes, common open space and public facilities. The "land development plan" shall include all of the written and graphic information required by the Subdivision and Land Development Ordinance [Chapter 22].
The legal or beneficial owner of land including the holder
of an option or contract to purchase (whether or not such an 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, shall be deemed
to be a landowner.
A building, certified under the Leadership in Energy and
Environmental Design (LEED) Program of the United States Green Building
Council, that meets LEED standards for either new construction and
major renovation projects or core and shell projects.
[Added by Ord. 1060, 6/11/2014]
A use engaged in the manufacture (predominantly from previously
prepared materials) of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing, such as smelting, casting, rendering, and vulcanization.
[Added by Ord. 1060, 6/11/2014]
Space conveniently located, accessible and properly designed
for the temporary use by vehicles making bulk pickups or deliveries
of merchandise or materials.
A public street or road, accepted by ordinance, serving abutting
homogeneous land uses and providing for no truck usage except for
local deliveries.
[Added by Ord. No. 1081, 11/11/2020]
A tract of land in a plan of subdivision, consolidation or
land development 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.
All lots shall front on a street improved to Borough Construction
Standards.
The total area within the boundary of a lot but excluding
the area of land bounded by any front lot line, the center line of
a street right-of-way on which its fronts and the side lot lines intersecting
the front lot line at its end extended to the center line of the street
right-of-way.
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot.
That percentage of a lot which when viewed directly from
above would be covered by a structure or structures, or any part thereof,
excluding protecting roof eaves.
The distance between the midpoints of the front lot line
and the rear lot line.
A street right-of-way line forming the boundary of a lot.
The lot line that is most distant from, and is, or is most
nearly parallel to the front lot line. If a rear lot line is less
than 15 feet long, or if the lot comes to a point at the rear, the
rear lot line shall be a line at least 15 feet long, lying wholly
within the lot, parallel to the front line.
[Amended by Ord. No. 1082, 12/9/2020]
A lot line which is neither a front lot line nor a rear lot
line.
A lot which is part of a subdivision recorded in the office
of the Recorder of Deeds of Allegheny County or a lot or parcel described
by metes and bounds, the description of which has been so recorded.
The distance between the side lot lines measured at right
angles to the lot depth at the established front building line.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
A structure transportable in one or more sections, which
in the traveling mode, is eight body feet or more in width, or 40
body feet or more in length, or when erected on a site, it is 320
or more square feet. It shall be built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and including the plumbing,
heating, air conditioning and electrical system contained therein.
The term shall include any structure which meets all the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the U.S. Department of Housing and Urban Development and complies
with the standard established by the Pennsylvania Manufactured Housing
Construction and Safety Standards Authorization Act, 35 P.S. § 1656.1
et seq. (See also, "mobile home.")
The mechanical or chemical transformation of materials or
substances into new products, or the assembling of component parts
of manufactured items if the project is neither a structure or other
fixed improvement.
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
their differences, culminating in a written agreement that the parties
themselves create and consider acceptable.
A facility for the examination and treatment of ill and afflicted
human outpatients, including doctor and dental offices and clinics,
provided that patients are not kept overnight except under emergency
conditions.
The conduct or carrying on of two or more uses of one building.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly and constructed so that it may be used with
or without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A unit transported on a removable or nonremovable frame, in which some or all of the component parts are fabricated, formed or assembled off-site in a factory, transported to the building site for assembly, and installed on the building site. The term includes "module," "prefab," "factory built," "panel-built," and similar terms. The completed unit shall comply with Borough Building Code Standards (Chapter 5) for conventionally constructed units. The modular unit is considered real property.
The smallest protected assembly of interconnected PV cells.
[Added by Ord. 1060, 6/11/2014]
A structure of over three stories, but not exceeding the
height limitation for the district in which it is located, with an
elevator as well as stairs to all levels. All units are accessible
through an entrance hall shared with other dwelling units. This term
shall also include the term "mid-rise apartment."
A way designed for and used by a variety of equestrians,
pedestrians, and cyclists using nonmotorized bicycles.
[Added by Ord. 1060, 6/11/2014]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use; and which otherwise complies with the requirements of § 27-412.
An institution for the care of children, the aged or infirm,
duly licensed by the commonwealth to provide intermediate or skilled
care, but not including facilities for surgical care or institutions
for the care and treatment of mental illness, alcoholism or narcotics
addiction.
A permit issued by the Zoning Officer before the occupancy
of any new or remodeled building, use of land, or change of use, which
certifies that all the requirements of this chapter and other applicable
ordinances have been met.
[Added
by Ord. No. 1081, 11/11/2020]
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor oil or naturally occurring liquids from natural gas.
GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line, such as a drip station, vent station, pigging facility, chemical injection station or transfer pump station.
PRODUCTION FACILITYA facility related to the production of gas which utilizes motors and/or engines.
The well site preparation, well site construction, drilling,
fracturing, and/or site restoration associated with an oil and gas
well; water and other fluid storage; gas reservoir; impoundment and
transportation used for such activities; and the installation and
use of all associated equipment, including tanks, meters, and other
equipment and structures whether permanent or temporary; and the site
preparation, construction, installation, maintenance and repair of
oil and gas pipelines, not regulated by the Pennsylvania Public Utility
Commission or United States Department of Transportation, Office of
Pipeline Safety, and associated equipment; and all other equipment
and activities associated with the exploration for, production of
and transportation of oil and gas, including natural gas compressor
stations and natural gas processing plants, structures, defined as
other support facilities or structures performing similar functions
that operate as midstream facilities.
[Added by Ord. No. 1081, 11/11/2020]
Activities performed under the surface of the ground that
are part of the operation of oil and gas drilling, as defined herein,
whether or not located on properties within the unit for a particular
well site, but that are not included in the well site, including,
but not limited to, horizontal drilling and hydraulic fracturing zones,
underground gathering and transmission pipelines established in accordance
with Public Utility Commission guidelines, water distribution lines
and similar underground facilities incidental to oil and gas drilling.
[Added by Ord. No. 1081, 11/11/2020]
Public or private land used for recreation, resource protection,
amenity and/or buffers, not including any area of a lot, any part
an existing or future street right-of-way, easement of access or areas
set aside for public or private utilities, stormwater facilities and
easements.
An area which includes the perimeter of the surface area
of drilling operations.
[Added by Ord. No. 1081, 11/11/2020]
An off-street space available for parking of a motor vehicle
and which has a hard, all-weather surface and is at least an area
nine feet wide by 18 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
A lot or parcel owned by a government agency (federal, state,
county or local), devoted to passive recreation and/or active recreation.
[Added by Ord. 1060, 6/11/2014]
The outer boundary of a development site or area.
An authorized use allowed by right, which may be granted
by the Zoning Officer upon compliance with the requirements of this
chapter.
An establishment providing nonmedical related services, including
beauty and barber shops, clothing rental, dry-cleaning pickup stores,
laundromats, psychic readers, shoe repairs shops and tanning salons.
This use may also include accessory retail sales of products related
to the services provided.
[Added by Ord. 1060, 6/11/2014]
A semiconductor-based device that converts light directly
into electricity.
[Added by Ord. 1060, 6/11/2014]
The Aspinwall Borough Planning Commission.
A map or plan, either preliminary or final, presented to
the Borough for approval, indicating the subdivision, consolidation
or redivision of land or a land development.
An open roofed or enclosed exterior appendage to a main or
accessory structure, projecting from the front, side or rear walls
of the structure. For purposes of this chapter, porches shall include
structures and home additions commonly referred to as patios, sunrooms,
sun porches, decks and similar structures or construction. Stoops
or slabs which extend beyond the front, side or rear walls of a main
structure a distance of more than four feet and/or exceed the length
of six feet along said front, side or rear walls are deemed to be
porches by definition. Permanent or temporary awnings which extend
beyond five feet from the front, side or rear walls of the main structure,
or which are partially or wholly supported by posts, poles, spires
or similar construction or structures set beyond the walls of the
main structure are deemed to be porches by definition.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
The main use of land or structures as distinguished from
a subordinate or accessory use.
Of or pertaining to any building, structure, use or activity
limited to members of an organization or to other persons specifically
invited or permitted where no advertisement or inducement has been
made to the general public.
An association organized and operated not for profit for
persons who are bona fide members paying annual dues, and which owns,
hires or leases premises, the use of which premises is restricted
to such members and their guests. The affairs and management of such
association are conducted by a board of directors, executive committee
or similar body chosen by the members at their annual meeting. Food,
meals and beverages may be served on such premises, provided adequate
dining room space and kitchen facilities are available. Alcoholic
beverages may be sold or served to members and their guests; provided,
such service is secondary and incidental to the promotion of some
other common objective of the organization, and further provided that
such sale or service of alcoholic beverages is in compliance with
all applicable federal, state, county and local laws.
Any occupied structure. The term shall not include any structure
whose owner has signed a waiver relieving the operator from implementation
of the measures established herein or other applicable provisions
of the Code of the Borough of Aspinwall. In the waiver, the owner
must acknowledge that the operator is explicitly relieved from complying
with the regulations applicable to a protected structure. The waiver
must be notarized.
[Added by Ord. No. 1081, 11/11/2020]
Of or pertaining to any building, structure, use or activity
belonging to, or affecting, any duly authorized government body.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be dedicated to
or maintained by the Borough and comply with the Borough's Construction
Standard Details or other public entities.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notices
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 no less
than seven days from the date of the hearing.
A structure, owned or operated by a public utility regulated
by the Pennsylvania Public Utility Commission, designed and used to
support overhead electricity, telephone and other transmission lines.
See "yard, rear."
A building, structure or area designed and equipped for the
conduct of sports and/or leisure activities that attract a large number
of users. Activities and improvements associated with a recreation
facility include: indoor/outdoor swimming pools; indoor/outdoor ice
skating rinks; and any other public recreation facilities.
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 which may include supporting storage
and transportation facilities as an accessory use.
[Added by Ord. 1060, 6/11/2014]
Those activities customarily conducted in living quarters
in an urban setting, and excludes such activities as the keeping of
livestock or fowl, activities which involve the storage, visible from
off the lot, of motor vehicle parts, machinery or parts, junk or scrap
materials.
Commercial establishments engaged in selling merchandise
directly to customers for personal or household consumption and rendering
services incidental to the sale of goods.
The Allegheny River.
[Added by Ord. 1060, 6/11/2014]
Riverfront infill developments and riverfront planned developments.
[Added by Ord. 1060, 6/11/2014]
The provisions for riverfront development, including a riverfront
planned development or riverfront infill development, a plat of subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, streets,
ways and parking facilities, common open space and public facilities.
The phrase "provisions of the riverfront development plan," when used
in this chapter, shall mean the written and graphic materials referred
to in this chapter.
[Added by Ord. 1060, 6/11/2014]
An area of land, controlled by a landowner, to be developed
as a single entity for a single use or a combination of uses, up to
five acres in area, 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 district created, from time to time, under the provisions
of this chapter.
[Added by Ord. 1060, 6/11/2014]
An area of land, controlled by a landowner, to be developed
as a single entity for a single use or a combination of uses, of five
acres or more, 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 district created, from time to time, under the provisions
of this chapter.
[Added by Ord. 1060, 6/11/2014]
A residential building other than a hotel in which part or
parts are kept, used or held out to be a place where sleeping accommodations
are offered for hire for three or more persons.
Any public, private or parochial place of instruction, not
including institutions of higher learning, having regular sessions,
with regularly employed instructors, which teaches those academic
subjects that are fundamental and essential in general education and
which provide pre-primary and/or kindergarten through twelfth grade
or a vocational school, all meeting the requirements of the Department
of Education of the Commonwealth of Pennsylvania, but excluding any
privately operated school of trades, vocations, avocations or business.
Decorative fencing or evergreen vegetation maintained for
the purpose of concealing from view the area behind such structures
or evergreen vegetation.
Unique and environmentally fragile lands that are susceptible
to negative ecological impacts created by land development.
Commercial establishment providing wide variety of services
for individuals, business and government establishments and other
organizations.
An adult oriented business.
See "yard, side."
A structure that is arranged, intended, designed or used
to advertise, announce or direct; or any device, illustration, description
or identification posted, painted or placed in some fashion on a building,
structure or any surface for such a purpose. For the purpose of removal,
signs shall also include all sign structures.
|
FREESTANDING SIGN — A sign on a freestanding frame, mast
or poles and not attached to any building. Also known as a ground
or detached sign.
| |
|
OUTDOOR ADVERTISING SIGN — See "billboard."
| |
|
TEMPORARY — A sign which offers the premises for sale,
rent or development; or advertises the services of professionals or
building trades during sale, construction or alteration of the premises
upon which the sign is located, or advertises special short-term activities.
| |
|
WALL SIGN — A sign attached to or erected against a wall
of a building, with the face horizontally parallel to the building
wall.
|
The area defined by the frame or edge of a sign, excluding
the necessary supports or uprights on which the sign may be placed.
Where there is no frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the copy or letters of the said sign.
If the sign consists of more than one section or module, all areas
shall be totaled.
The entire area of a sign on which copy could be placed,
as opposed to the copy area, when referred to in connection with a
wall sign.
The entire area of the smallest geometric figure which describes
the area enclosed by the actual copy, advertising message, announcement
or decoration of the sign.
The total area of a building face on which a wall sign may
be installed. For a one-story building, it shall equal the total area
between the lintel bar(s) and the parapet. For a multi-story building,
it shall be equal to one of the following options, based upon the
selected location for the proposed sign(s): (1) the total area between
the lintel bar(s) and the floor level of the floor above; or (2) the
total area between the lintel bar(s) of the top floor and the parapet
(see illustration).
A plan of a proposed development or use on which is shown
topography, location of all buildings, structures, roads, right-of-ways,
boundaries, all essential dimensions and bearings and any other information
deemed necessary by the Borough or prescribed by this chapter.
An informal plan, not necessarily to exact scale, indicating
topographic and other salient existing features of a tract of land
and its surroundings and general layout of the proposed subdivision
or land development.
Items, including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations, used for or intended
to be used for collection of solar energy.
[Added by Ord. 1060, 6/11/2014]
A solar collection system consisting of one or more building-
and/or ground-mounted 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
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and does not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
[Added by Ord. 1060, 6/11/2014]
A structural/architectural element that provides protection
from weather, that includes awnings, canopies, porches or sunshades,
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV related
equipment.
[Added by Ord. 1060, 6/11/2014]
Approval for a particular use granted by the Zoning Hearing
Board, according to the provisions contained in this chapter.
A construction or series of constructions placed as a foot
support to effectuate the ascending or descending of a person or persons
from one level of elevation to another.
The collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface
water, groundwater, and/or runoff, together with applicable managerial
(nonstructural) measures.
[Added by Ord. 1060, 6/11/2014]
A story is that part of a building between the surface of
any floor and the next floor above it or, in its absence, then the
finished ceiling or roof above it. A "split level" story shall be
considered a second story if its floor level is six feet or more above
the level of the line of the finished floor next below it. Any floor
under a sloping roof at the top of a building which is more than two
feet below the top plate shall be counted as a story; and, if less
than two feet below the top plate, it shall be counted as a half-story.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, viaduct or other way, whether public or private, used or intended
to be used by vehicular or pedestrian traffic.
[Amended by Ord. No. 1082, 12/9/2020]
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The line defining the edge of the legal width of a dedicated
street right-of-way.
Streets may be classified according to the following:
|
STREET, ARTERIAL — A public street which serves large
volumes of local and through traffic and which collects and distributes
traffic from collector streets through the region.
| |
|
STREET, COLLECTOR — A public street which, in addition
to providing access to abutting lots, intercepts local streets and
provides a route for carrying considerable volumes of local traffic
to community facilities and arterial streets.
| |
|
STREET, LOCAL — A street designed to provide access to
abutting lots and to discourage through traffic.
|
Any assembled, erected or constructed object having a stationary
location on or in land or water, whether or not it is affixed to the
land. This includes but is not limited to, gazebos, storage sheds
or containers, free standing posts, communications equipment buildings,
communications towers, pillars and similar objects.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
A body of water in an artificial or semi-artificial receptacle
or other container, whether located in or out of doors, used as a
recreational facility for swimming, bathing or wading and having a
depth of 24 inches or more. A swimming pool shall be deemed to include
all building, equipment and appurtenances incidental to such a pool.
A structure consisting of a series from three to twelve attached
dwelling units, separated from one another by continuous vertical
walls without opening from basement to roof.
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 by Ord. 1060, 6/11/2014]
A vehicular portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and recreational purposes
having a body width not exceeding eight feet.
A geological shale formation existing below the base of the
Elk Sandstone or its geologic equivalent stratigraphic interval where
natural gas generally cannot be produced at economic flow rates or
in economic volumes except by vertical or horizontal well bores stimulated
by hydraulic fracture treatments or by using multilateral well bores
or other techniques to expose more of the formation to the well bore.
[Added by Ord. No. 1081, 11/11/2020]
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation.
[Added by Ord. No. 1081, 11/11/2020]
Area not within a building and not in a defined setback or
yard area.
[Added by Ord. 1060, 6/11/2014]
The specific purpose of which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Permissive waivers from the terms of this chapter, granted
by the Zoning Hearing Board in cases where a literal enforcement of
provisions of this chapter will result in unnecessary hardship, due
to special conditions that are not self-imposed, and are determined
not to be contrary to the public interest and the spirit and intent
of this chapter, and as otherwise set forth in the Municipalities
Planning Code.
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store fresh
water.
[Added by Ord. No. 1081, 11/11/2020]
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store waste
water fluid including but not limited to brine, fracturing fluid,
produced water, recycled water, impaired water, flowback water or
any other fluid that does not satisfy the definition of "fresh water."
[Added by Ord. No. 1081, 11/11/2020]
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing or transporting oil or gas. The
person designated as the well operator or operator on the permit application
or well registration. If the owner is a separate entity than the operator,
then the owner shall also be listed. Where a permit or registration
was not issued, the term shall mean any person who locates, drills,
operates, alters or plugs any well or reconditions any well with the
purpose of production there from. In cases where a well is used in
connection with the underground storage of gas, the term also means
a storage operator.
[Added by Ord. No. 1081, 11/11/2020]
Shall consist of the area occupied by any of the facilities,
structures and equipment associated with or incidental to the construction,
drilling, fracturing, production, or operation of an oil or gas well.
If multiple areas are used, then the total combined areas shall be
considered the well site.
[Added by Ord. No. 1081, 11/11/2020]
The precise point of entry into the ground where the drilling
of a gas well takes place.
[Added by Ord. No. 1081, 11/11/2020]
Commercial establishment primarily engaged in selling merchandise
to retailers; to industrial, commercial, educational, farm or professional
business users; to other wholesalers; or acting as agents or brokers
in buying merchandise for, or selling merchandise to, such persons
or companies.
An open space on a lot which is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein (see illustrations).
A yard extending along the full length of a front lot line
and back to the required building line setback. On a corner lot, the
registered mailing address of the principal structure shall designate
the front yard.
[Amended by Ord. No. 1082, 12/9/2020]
The required open space extending from the rear of the main
building to the rear lot line (not necessarily a street line) across
the entire width of the lot.
The required open space between the side (face) of any building
and the side lot line, extending from the front yard to the rear yard.
Any lot line not a rear line or a front line shall be deemed as a
side line.
The Zoning Hearing Board of Aspinwall Borough.
The official designated by Borough Council to administer
and enforce this chapter.
A permit, issued by the Zoning Officer stating that the purpose
for which a building or land is to be used is in conformity with the
uses permitted and all other requirements of this chapter for the
zoning district in which it is located or is to be located.
[1]
Editor's Note: Said diagrams are included as an attachment to this chapter.
[Ord. 775, 6/15/1983, § 140-203; as added by Ord.
908, 7/13/1995, § 140-203]
Notwithstanding any definition or any other provision of this
chapter, no definition or other provision of this chapter shall be
construed, applied or interpreted in a fashion which violates the
Federal Fair Housing Act, as amended and as interpreted by any court
of competent and binding jurisdiction.
