[Ord. 970, 5/16/2007, § 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" and "occupied" as applied to any land or building,
shall be construed to include the words "intended, arranged or designated
to be used or occupied."
[Ord. 907, 5/16/2007, § 202; as amended by Ord.
1023, 3/21/2012, § 1; and by Ord. 1041, 9/18/2013, § 1]
The following words and phrases shall have the particular meaning
specified for the purposes of this chapter:
Discontinued without obvious intent to resume the same use
at a future date.
A 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, garages,
storage sheds, swimming pools, tennis courts, gazebos, signs, fences,
little free libraries, and similar structures.
[Amended by Ord. 1053, 11/18/2015]
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
An act, signed into law October 30, 2017, amending the Act
of March 4, 1971 (P.L. 6 No. 2), known as the Tax Reform Code.[1]
[Added by Ord. No. 1071, 4/18/2018]
Immediately adjacent; sharing common property lines uninterrupted
by any public street, railroad or other right-of-way.
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 Forest Hills Borough Code of Ordinances, "Adult Oriented Businesses."
A public thoroughfare that affords only a secondary means
of access to the rear or side of adjacent properties otherwise abutting
a street and is not intended for general traffic circulation.
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 then existing
oil and gas development or related operations. The noise level shall
be established based on a test performed during a continuous seventy-two-hour
time span which shall include at least one twenty-four-hour reading
during either a Saturday or Sunday. The testing shall be done by a
qualified noise control engineer or other qualified person whose credentials
are acceptable to the Borough and shall be in accordance with specifications
ANSI S12.18-1994 Method II and ANSI S1.4-1971. The Borough reserves
all right to hire a third-party consultant to witness testing and
review the results. The third-party costs will be deducted from the
escrow deposit referred to in this section.[2] The sound-level meters used shall meet the American National
Standard Institute's standard for a Type I sound-level meter.
[Added by Ord. 1059, 10/19/2016]
Any of the following shops when located within a professional
or administrative office, where the aggregate area of all ancillary
uses does not exceed 1/3 of the floor area of the office structure:
beauty, or barber shop, cleaning pickup station, delicatessen, drug
store, floral shop, food service facility, jewelry shop, office equipment
and supplies, personnel service, post office, public stenographer,
shoe repair and shine parlor, tobacco and news stand, travel service,
or other similar retail or service use.
Any apparatus designed for the purpose of the transmission
and/or reception of radio frequency (RF) radiation, to be operated
or operating from a fixed location to facilitate wireless communications
services including, but not limited to, the transmission of writings,
signs, signals, data, images, pictures, and sounds of all kinds.
[Added by Ord. No. 1086, 8/19/2020]
A landowner or developer who has filed an application under
this chapter, including his or her heirs, successors and assigns.
Any person that submits an application to the Borough to
site, install, construct, collocate, modify, and/or operate a wireless
communications facility in the public right- of-way.
[Added by Ord. No. 1086, 8/19/2020]
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
A residential building designed to provide multi-family dwelling
units for elderly or physically or mentally disabled persons who are
independently mobile and are not in need of the level of service provided
by a personal care home, which provides on-site supervision and assistance
available to the residents on an occasional, "as-needed" basis, and
where at least one meal each day is provided in a common dining area
and which includes certain design features associated with the needs
of the elderly which are not customary in the construction of conventional
dwelling units, such as emergency call systems, common dining facilities,
common laundry facilities, minimal housekeeping services, common leisure
and recreational facilities, transportation services and similar supporting
services for the convenience of the residents.
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 including 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 financial institution engaged in the custody, loan or exchange
of money; for the extension of credit; and for facilitating the transmission
of funds.
A detached dwelling owned and operated by the owner in which
a maximum of five rooms are provided for overnight guests for a period
not more than 14 consecutive nights in a thirty-day period, with or
without breakfast meals for hire or pay but does not include a boarding
home, rooming home, domiciliary hostel, group home, hotel or motel
or short-term rental.
[Amended by Ord. No. 1083, 10/16/2019]
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.")
An area of land entirely bounded by streets.
The Borough of Forest Hills, Allegheny County, Pennsylvania.
Those standards prepared by the Borough Engineer and adopted
by resolution of Borough Council, copies of which are on file in the
office of the Borough Secretary.
The Council of the Borough of Forest Hills, Allegheny County,
Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by Borough Council to serve as the
Engineer for the Borough, or his designee.
The Manager of the Borough of Forest Hills, or his designee,
or the designee of the Borough Council.
A landscaped area of a certain depth specified by this chapter
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. No structures shall be erected
in the required buffer area.
Any covered structure that is permanently affixed to the
land. Any structure used or intended for supporting or sheltering
any use or occupancy.
A line located on the lot or parcel at a fixed distance from
the street right-of-way line and interpreted as being the nearest
point that a building may be constructed to the street right-of-way.
The building line shall limit the location of porches, patios and
similar construction to the face of this line.
A document issued by the Borough attesting that a proposal for construction meets all requirements of Chapter 5 of the Borough of Forest Hills Borough Code of Ordinances, "Code Enforcement," this chapter, and other applicable regulations of the Borough, and allowing the approved construction to proceed.
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.
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.
The smallest basic solar electric device which generates
electricity when exposed to light.
A burial place, or ground for human remains, including graveyards,
mausoleums, crematories and columbariums.
A facility, other than a private residence, where child care
is provided for seven or more minor children, who are not relatives
of the operator, for periods of less than 24 hours a day, and which
is licensed by the Department of Public Welfare as a day-care center.
Day care for fewer than four minor children shall be permitted as
a no-impact home-based business.
[Added by Ord. 1048, 3/25/2015]
A facility, other than a private residence, where child care
is provided for four, five, or six minor children, who are not relatives
of the operator, for periods of less than 24 hours a day, and which
is licensed by the Department of Public Welfare as a family child
day-care home. Day care for fewer than four minor children shall be
permitted as a no-impact home-based business.[3]
[Amended by Ord. 1048, 3/25/2015]
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street lines. The clear sight triangle shall be determined by the
Borough Engineer based on sound and accepted engineering practices
on a case-by-case basis.
See "medical or dental clinic."
A system of storage that replaces open wastewater pits with
a series of closed tanks for the storage of hazardous substances,
the storage of toxic pollutants, the storage of chemically laden drilling
wastewater, produced "briny water," or flow back of fracking fluids
and in which the wastes created through the drilling and hydraulic
fracturing processes are later transferred off site for treatment
and/or disposal.
[Added by Ord. 1059, 10/19/2016]
The mounting or installation of a wireless communications
facility on an existing support structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes.
[Added by Ord. No. 1086, 8/19/2020]
Any educational facility operated for profit, such as a business
school, trade school or a school for music lessons.
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 a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The Commonwealth of Pennsylvania.[4]
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 community master plan adopted for the purposes of guiding
community development in the Borough and known as the "Comprehensive
Plan of the Borough of Forest Hills."
An authorized use which may be granted only by Borough Council
pursuant to express standards and criteria prescribed in this chapter,
after review and recommendation by the Planning Commission and public
hearing conducted by Borough Council pursuant to public notice.
The erection, renovation, repair, extension, expansion, alteration
or relocation of a building, structure or site improvements including
the placement of mobile homes.
[Added by Ord. No. 1071, 4/18/2018]
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in APA 87-1.
The term does not include devices known as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale,
possession and use of which shall be permitted at all times throughout
the Borough.
County of Allegheny, Pennsylvania.
Allegheny County Department of Economic Development or its
successor.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
Those detailed design guidelines and examples for the design
and installation of structures supporting wireless communications
facilities in the public right-of-way, which are effective insofar
as they do not conflict with FCC rules and regulations or the design
standards of this chapter.
[Added by Ord. No. 1086, 8/19/2020]
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
All activities, equipment, materials, and facilities that
are involved in oil and gas development and related operations and
that require more-complex operations of longer duration than what
is typically required for shallower, more-conventional methods of
oil and gas exploration, recovery, and production. These include operations
for the exploration, recovery and production of subsurface oil or
gas from a shale reservoir or source rock, such as the Marcellus shale
or similar types of hydrocarbon-rich formations.
[Added by Ord. 1059, 10/19/2016]
A nonproducing gas well used for the storage of wastewater.
[Added by Ord. 1059, 10/19/2016]
The area that is occupied by the facilities, structures,
materials, and equipment, whether temporary or permanent, that are
necessary for, or incidental to, the drilling, recovery, production,
or operation of an oil or gas well.
[Added by Ord. 1059, 10/19/2016]
The digging or boring of a new well, either vertically or
horizontally, in order to explore for, develop, or produce oil and
gas or other hydrocarbons, or in order to inject gas, water, or any
other fluid or substance into the earth for the recovery of oil and
gas.
[Added by Ord. 1059, 10/19/2016]
Every entrance or exit used by vehicular traffic to or from
properties abutting or connecting to a street. The term includes proposed
public and private streets, lanes, alleys, courts, and ways, including
acceleration and deceleration lanes and such drainage structures as
may be necessary for the proper construction and maintenance thereof.
See "dwelling, two-family."
Any building designed or used as permanent living quarters
for one or more families but not including, hotels, motels, dormitories,
bed and breakfast, assisted living facilities, nursing homes, personal
care boarding homes, group care facilities, an educational, religious
or philanthropic institution that includes residential facilities,
or short-term vacation rentals.
[Amended by Ord. No. 1083, 10/16/2019]
DWELLING, SINGLE-FAMILYA separate, detached residential building containing one dwelling unit and which is the only principal building on the lot.
DWELLING, TWO-FAMILYA residential building containing two independent dwelling units each having a separate entrance either inside the dwelling or directly from the outside, and which is the only principal building on the lot.
DWELLING, MULTI-FAMILYA residential building or conversion dwelling that contains three or more dwelling units.
APARTMENTA dwelling unit in a multi-family residential building which occupies a common residential structure.
CONVERSION DWELLINGA conversion of a residential building that contains two or more dwelling units.
GARDEN APARTMENTA multi-family residential building no more than three stories in height containing three 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.
MID-RISE APARTMENTA multi-family residential building containing four or five stories.
HIGH-RISE APARTMENTA multi-family residential building containing six or more stories.
TOWNHOUSESingle-family attached dwellings within a multi-family structure with only one dwelling from ground to roof, each with individual outside access. Not more than two parallel walls of each dwelling are in common with other such dwellings.
One or more rooms which are used as living quarters for one
family and which have permanent facilities for sleeping, kitchen facilities,
as well as separate sanitary facilities.
A right-of-way for utility, access or similar purposes located
outside the street right-of-way. An easement shall not be considered
to be separate and distinct from the lot or parcel burdened by the
easement for purposes of this chapter.
May include, but is not limited to, any or all of the following:
explosion, fire, blowout, loss of circulation material, gas or water
pipeline leaks or ruptures, chemical or fuel spills on site, hydrogen
sulfide or other toxic gas emissions, or hazardous material spill
from a vehicle accident, or other occurrence at the development or
related operation site that would place persons or property at substantial
risk.
[Added by Ord. 1059, 10/19/2016]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The process by which the surface of the land is worn away
by the action of water, wind or chemical action.
Either an individual, or two or more persons related by blood
or marriage or adoption; or a group of not more than four persons
not so related (not counting servants), living together as a single
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 group living arrangement with
supervision. Family shall not include persons living together in a
group home or family care facility.
A facility which provides resident service to six or fewer
individuals who are not related. Nonresident staff shall not be considered
among the six residents permitted. Any family care facility must be
licensed by the appropriate federal, state or county agencies. A family
care facility shall not include residents selected because they have
been convicted of or charged with a criminal offense, or are attempting
to avoid being charged with a criminal offense.
A family care facility is limited to the following:
FAMILY CARE HOMECommunity living arrangements and facilities designed to provide a program of services and protective supervision in a home setting. Family care homes may be designed for people of all ages and may included the mentally retarded and the mentally, developmentally and physically handicapped.
FAMILY DAY CARE HOMEA use in a private residence where a resident provides care and supervision for four to six children at one time, who are not residents of the property. This use shall be licensed by the Commonwealth of Pennsylvania. This type of home is not a school.
FOSTER HOMEA household residence for three to six children or adolescents who, for various reasons, cannot reside with their natural families and are provided with twenty-four-hour care and supervision in a home setting. Foster homes shall be limited to children declared dependent by a court of record.
The required charge established by this chapter to defray
the cost of processing an application, reviewing an application or
inspecting improvements during installation which shall be payable
to the Borough in accordance with the requirements of this chapter.
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. A fence is an accessory
structure, but is not an accessory use.
The ratio of gross floor area of a structure or structures
on a lot to the total lot area.
The sum of the horizontal areas of the several floors of
a principal building measured between the exterior faces of walls.
The portion of fracking fluid that flows back up the well
during and after the hydraulic fracturing process, containing not
only water, sand, and chemicals, but now also mineral salts, heavy
metals, and more, and that must be managed because of its toxic character.
Operators must use best available technology for reclamation and cleaning
of residual water.
[Added by Ord. 1059, 10/19/2016]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
Fluid composed of water, sand, and a wide variety of chemicals
injected under high pressure into an oil or gas well to fracture rock
layers and improve the recovery of gas.
[Added by Ord. 1059, 10/19/2016]
A lined pit that holds large amounts of fresh water withdrawn
from streams, lakes, ponds, and rivers and transported to the site
by trucks, to be used in future hydraulic fracturing operations.
[Added by Ord. 1059, 10/19/2016]
The line of that face of the building nearest the frontline
of the lot. This face includes covered or roofed patios, porches,
or entrance ways, whether enclosed or unenclosed, but does not include
steps, or entrance walks.
A place or premises devoted to or used in the care and preparation
for the funeral and burial of dead human bodies and maintained for
the convenience of the bereaved for viewing or other services in connection
with dead human bodies and as an office or place for carrying on the
profession of funeral directing but not cremation.
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").
A portion of a residential parcel used for the growing of
vegetables, fruit, flowers, or ornamental plants for use or consumption
of the property owner, but not for commercial sale, and which is unenclosed
by any structure other than a temporary garden fence.
A 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.
[Added by Ord. 1059, 10/19/2016]
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.
A retail establishment which primarily sells meat and food
products, but which may also include, as accessory uses, a delicatessen,
a coffee bar, a pharmacy, a florist, a dry cleaning pick-up service,
a travel agency, video rental (excluding an adult video store), banking
and copy/fax services.
See "floor area, gross."
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.
A dwelling unit where room and board is provided to not more
than eight permanent residents who are not protected by the provisions
of the Fair Housing Act, 42 U.S.C. § 3601 et seq., as now
or hereafter amended, including any adult or juvenile assigned by
order of juvenile or criminal court, battered persons and their children
and persons reviewing community re-entry services following court
assignment, who are in need of supervision and specialized services
and no more than two supervisors on any shift who may or may not reside
in the dwelling and who provide health, social and/or rehabilitative
services to the residents. The services shall be provided only by
a governmental agency, its licensed or certified agents, or any nonprofit
social services corporation licensed or certified by the Pennsylvania
Department of Public Welfare and the facility shall meet all minimum
requirements of the sponsoring agency.
Hazardous substances defined by federal law as "solid wastes"
that "cause, or significantly contribute to an increase in mortality
or illness" or "pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported
or disposed."
[Added by Ord. 1059, 10/19/2016]
The vertical distance along the wall of a building measured
between the average of the highest and lowest elevation at ground
level on the front or rear facade, whichever has lower ground elevations
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 as a residential dwelling and which involves incidental customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, which has a maximum of one non-resident employee working at the residential dwelling and which otherwise complies with the requirements of § 27-1013 of this chapter.
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
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 red dog, 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.
An institution where persons are admitted for examination
and treatment of injury or disease, maintaining facilities for in-patient
accommodation, under the control of a staff of licensed physicians.
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.
The process of injecting water, customized fracking fluid,
steam, or gas into an oil or gas well under pressure to break apart
rock layers in order to release gas and improve recovery of gas.
[Added by Ord. 1059, 10/19/2016]
The construction of a new principal building or an addition
to an existing building or change of use resulting in an increase
in the area of the lot covered by the building and/or paving other
than a single-family dwelling.
The Borough, its elected and appointed officials, departments,
agents, officers, servants, employees, sponsors, or volunteers, the
inspector, and each of their respective heirs, personal representatives,
successors, and assigns.
[Added by Ord. 1059, 10/19/2016]
An existing nonconforming lot as of May 16, 2007, where development
or redevelopment may occur.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
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 1 megawatt (MW).
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.
The following are excluded from the definition of land development:
The conversion of an existing single-family detached dwelling
or single-family semi-detached dwelling into not more than two residential
units, unless such units are intended to be a condominium.
The addition of an accessory building on a lot or lots subordinate
to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
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 Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
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.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
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.
Any material in liquid form that is composed predominately
of hydrocarbons including, but not limited to, propane, propylene,
normal butane, isobutane, butylenes or mixtures thereof.
An enclosed structure of any natural or man-made material
or a combination of materials, permanently affixed to the land or
a structure, intended to shelter a collection of books, magazines,
or other printed literary materials, with the exception of any books,
magazines, or other printed materials which are characterized by the
depiction or description of "specified sexual activities" or "specified
anatomical areas," available to the public for recreational use at
no cost.
[Added by Ord. 1053, 11/18/2015]
Space conveniently located, accessible and properly designed
for the temporary use by vehicles making bulk pickups or deliveries
of merchandise or materials.
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.
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.
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.
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 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 front building setback line with the side lot lines.
A lot which shares a common lot line and fronts a common
street right-of-way with the subject lot.
A lot situated at and abutting the intersection of two streets,
having an interior angle of intersection not greater than 135°.
A lot, other than a corner lot, which abuts more than one
street.
A vessel such as a cylinder, a tank, a portable tank and
a cargo tank used for transporting or storing of LPG.
A container constructed in accordance with United States
Department of Transportation regulations, 49 CFR, Part 178, Subpart
C (relating to specifications for cylinders).
A lockable and ventilated metal locker or rack for the storage
of LPG cylinders that prevents tampering with valves and pilferage
to the cylinders.
Fixed equipment with an aggregate of 2,000 or less gallons
of water capacity where LPG is stored and dispensed into portable
containers.
A person authorized by the Department of Labor and Industry
to sell or transfer LPG. The term includes the owner of a cylinder
exchange cabinet or a dispensing station.
Distributors, bulk plants and industrial users.
Storage of LPG containers for the purpose of transfer and/or
sale of LPG.
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.
A food establishment that is located upon a vehicle, or which
is pulled by a vehicle, where food or beverage is cooked, prepared
and served for individual portion service, such as a mobile food kitchen.
[Added by Ord. 1053, 11/18/2015]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without 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 parcel which has or contiguous parcels of land which have
been so designated and improved that it contains two or more mobile
home lots for placement thereon of mobile homes.
A module is the smallest protected assembly of interconnected
PV cells.
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.
A single building containing multiple uses where there are
specific exterior entrance ways for individual uses.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., as amended.
A facility designed and constructed to compress natural gas
that originates from an oil or 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 storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added by Ord. 1059, 10/19/2016]
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, 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.
[Added by Ord. 1059, 10/19/2016]
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, which has no non-resident employees working at the residential dwelling, and which otherwise complies with the requirements of § 27-1009 of this chapter.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter, its predecessors or amendments thereto. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A lot whereas the area or dimension of which was lawful prior
to the adoption of this chapter, its predecessor or any amendments
thereto, but which fails to conform to the requirements of the zoning
district in which it is located, such as minimum lot area requirements,
by reasons of such adoption or amendments.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter, its predecessor
or any amendments thereto, where such use was lawfully in existence
prior to the enactment of this chapter, its predecessors or amendments
thereto.
The use of a facility by an organization or establishment
instituted for a public, educational or charitable purpose.
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.
An area, entirely sized in accordance with Part 7 of this chapter, wholly outside any public right-of-way but with direct access via a driveway to a public street or alley.
ADMINISTRATIVE OFFICEAn office used for managerial, supervisory or clerical operations in the conduct of a business, enterprise, or public or governmental service, in which there is no fabrication or manufacture of products and in which no machinery, other than ordinary office machines, are kept or used, and in which any retail or wholesale selling carried on does not involve the handling, delivery, or storage on the premises of stocks of merchandise or inventory other than samples.
MEDICAL OFFICEAn office where one or more licensed medical professionals, including dental, provide diagnosis and treatment to the general public without surgical procedures, overnight accommodation or pharmacy and shall include such uses as reception areas, offices, consultation rooms, and x-ray, providing that all such uses have access only from the interior of the building or structure.
PROFESSIONAL OFFICEAny 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.
Crude oil, natural gas, methane gas, coal bed methane, propane,
butane and/or any other constituents or similar substances that are
produced by drilling a well into, through, and below the surface of
the earth.
[Added by Ord. 1059, 10/19/2016]
The well site preparation, well site construction, drilling,
hydraulic fracturing, site restoration/reclamation, and other activities
associated with oil and gas wells that require more-complex operations
of longer duration than what is typically required for shallower,
more-conventional wells, and that include operations for the recovery
of subsurface oil or gas from a shale reservoir or source rock, such
as the Marcellus shale or similar types of hydrocarbon-rich formations;
also the water and other fluid storage, 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 and
associated equipment and other equipment and activities associated
with the exploration for, production and transportation of oil and
gas other than natural gas processing plants or facilities performing
the equivalent functions that operate as midstream facilities. Oil
and gas development does not include the recovery or removal of any
other subsurface minerals, such as coal, gravel, sand, clay, topsoil,
stone or any other mineral other than oil and gas.
[Added by Ord. 1059, 10/19/2016]
Natural gas compressor station, natural gas processing plant,
gathering system facility, or production facility, and facilities
performing equivalent functions.
[Added by Ord. 1059, 10/19/2016]
An unoccupied space containing no buildings or structures
open to the sky on the same lot with the building.
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 and
whose operation is the subject of the conditional use application.
[Added by Ord. 1059, 10/19/2016]
Any establishment where several 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.
The Pennsylvania Department of Environmental Protection.
[Added by Ord. 1059, 10/19/2016]
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 lot or parcel owned by a government agency (federal, state,
county or local) devoted to passive recreation and/or active recreation.
An authorized use allowed by right, which may be granted
by the Zoning Officer upon compliance with the requirements of this
chapter.
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 chapter.
An individual, proprietorship, partnership, corporation,
association, estate, trust or other legal entity.
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.
A semiconductor based device that converts light directly
into electricity.
An area of land, controlled by a landowner, to be developed
as a single entity for nonresidential uses, 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 in one district created, from time to time, under the
provisions of this chapter.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or combination of
residential uses, 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 in one district
created, from time to time, under the provisions of this chapter.
The Forest Hills Borough Planning Commission.
A map or plan, either preliminary or final, presented to
the Borough for approval, indicating the subdivision, consolidation
or re-division of land or a land development.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
The structure or structures in which the principal use or
uses are conducted.
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.
A noncommercial facility operated by and for its members
and providing recreational facilities for the use of members of their
guests.
A facility related to the production of gas which utilizes
motors and/or engines.
[Added by Ord. 1059, 10/19/2016]
Any occupied residence, commercial business, school, hospital, nursing home, day-care facility, religious institution or other public building located within a one-thousand-foot radius (the area of "presumed responsibility") of the surface location of a well or related operation, that may be impacted by noise and other negative effects generated from drilling or hydraulic fracturing activity at a drill site or from operations at a natural gas processing plant or compressor station. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface rights to drill the subject well, or whose owner or occupants have signed a waiver relieving the operator from implementation of the measures established in § 27-1018, Subsection 20, of this chapter, related to noise, for the owners' or occupants' benefit.
[Added by Ord. 1059, 10/19/2016]
Of or pertaining to any building, structure, use or activity
belonging to, or affecting, any duly authorized government body.
Any structure owned or operated by a governmental body or
agency, which dispenses general services to the public, including
municipal buildings, community centers, libraries, road maintenance
garages and similar buildings.
The adaptive re-use of a structure originally built as a
public building, school or other such facility, which is no longer
suitable or necessary for its originally intended use for housing,
offices, research facilities and other low-intensity uses.
A facility operated by a governmental or nonprofit entity
that provides public safety and emergency services.
A formal meeting held pursuant to public notice, as defined
herein, by Borough Council or the Planning Commission, intended to
inform and obtain public comment, prior to taking action in accordance
with this chapter.
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.
A forum held pursuant to notice under the Pennsylvania Sunshine
Act, 65 Pa.C.S.A. § 701 et seq., as amended.
Notice published once each week for two 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 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Real property for or devoted to: 1) public transportation
purposes; or 2) the placement of the Borough's municipal utility easements
and other traditional uses along a transportation route, whether by
dedication, prescription, or otherwise, as well as the spaces above
and below. In addition to the foregoing, the definition of right-of-way
includes, without limitation, public highways, streets, avenues, alleys,
sidewalks, bridges, aqueducts, and viaducts within the Borough.
[Added by Ord. No. 1086, 8/19/2020]
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.
The deepening or horizontal drilling of an existing well
bore, extending more than 150 feet.
[Added by Ord. 1059, 10/19/2016]
The repeat of the hydraulic fracturing process for a second
or more times during the life of the well, to stimulate further gas
exploitation.
[Added by Ord. 1059, 10/19/2016]
The reentry into an existing well within the existing bore
hole or by deepening or sidetrack/horizontal drilling operations which
do not extend more than 150 feet from the existing well bore, or by
replacement of well liners or casings.
[Added by Ord. 1059, 10/19/2016]
Recreational and entertainment uses conducted entirely within
a building.
Recreational and entertainment uses conducted outside of
a building.
A single axle or multiple axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use
including, but not limited to, travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pick-up campers, horse
trailers, snow mobiles and all-terrain vehicles.
Any rebuilding activity on an existing standard or nonconforming
lot.
A building, other than a dwelling, used by a nonprofit 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.
A place of residence in connection with a church where ministers,
priests, nuns or other persons of similar vocation reside.
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.
Any establishment offering food or beverages in a ready-to-consume
state, including, but not limited to, any establishment where the
design or principal methods of operation consist of one or more of
the following:
A sit-down restaurant where customers are normally provided
with an individual menu and are generally served food in nondisposable
containers by a restaurant employee at the same table or counter at
which the food and beverage items are consumed;
A cafeteria or cafeteria-type operation where food and beverages
generally are served in nondisposable containers and are consumed
within the restaurant;
A fast-food restaurant where the principal business is the sale
of food in a ready-to-consume state and where the design or principal
method of operation is that of a quick service restaurant where orders
are generally not taken at the customers' tables, and where food is
generally wrapped in disposable wrapping or containers; or
[Amended by Ord. No. 1067, 10/18/2017]
A private club operated for social, recreational, educational,
fraternal or social purposes, but open only to members and their guests
and not the general public.
This definition does not include mobile food vehicles, as defined
in this chapter.
[Added by Ord. 1053, 11/18/2015]
A restaurant in which business is transacted or is capable
of being transacted directly with customers located in a motor vehicle
during such business transactions.
[Added by Ord. No. 1067, 10/18/2017]
A restaurant not exceeding 1,800 square feet of gross floor
area.
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
25% of the gross floor area of the establishment, but not including
the manufacturing or processing of any products on the site.
This definition does not include retail sales and service, consumer
fireworks, as defined in this chapter.
[Added by Ord. No. 1071, 4/18/2018]
A permanent establishment which sells consumer fireworks
directly to consumers. This definition does not include the sale of
display fireworks, as defined by Act 43.
[Added by Ord. No. 1071, 4/18/2018]
An open pit lined with watertight material, used for the
storage of gas drilling wastewater - produced "briny" water or the
flow back of fracking fluids
[Added by Ord. 1059, 10/19/2016]
An area of land reserved or dedicated for public or private
purposes to provide access across property of another.
Electronic receivers that receive signals of satellite transmissions.
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 such 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.
School shall not include "commercial school" as defined in this chapter.
A building or group of buildings having multiple private
self-storage units of varying size that are individually leased or
rented for varying periods of time to customers for the storage of
personal, household, or business goods or property.
[Added by Ord. 1056, 6/15/2016]
A private, secure storage space within a self-storage facility
that is individually leased or rented for varying periods of time
to customers for the storage of personal, household, or business goods
or property.
[Added by Ord. 1056, 6/15/2016]
The required horizontal distance between a setback line and
a lot line.
FRONT SETBACKThe distance between the front lot line and the front setback line projected the full width of the lot; commonly called "front yard."
REAR SETBACKThe distance between the rear lot line and the rear setback line projected the full width of the lot; commonly called "rear yard."
SIDE SETBACKThe distance between the side lot line and the side setback line projected from the front yard to the rear yard; commonly called "side yard."
A line within a property and parallel to a lot line which
delineates the required minimum distance between a structure and lot
line.
A dwelling in which the owner rents any area of the dwelling to one (or more) individuals for compensation or fee, including offer or 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 residential, multifamily residential. and residential properties commonly considered as seasonal homes, vacation homes. or tourist homes. The use shall comply with the performance standards of § 27-508 of the Forest Hills Zoning Ordinance.
[Added by Ord. No. 1083, 10/16/2019]
Any display, structure or device (excluding window displays
and merchandise) which incorporates lettering, logos, colors, lights,
or illumination visible to the public from outside of a building or
from a traveled way, which either conveys a message to the public
or which intends to advertise, direct, invite, announce, or draw attention
to, directly or indirectly, goods, products, activities, services
or facilities available. 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.
ADVERTISINGDirecting attention to a business, product, service or activity sold or conducted.
AWNINGAny structure made of a movable or stationary frame covered with material, projecting from a building when in use and where such structure may be retracted to a position flat against the building when not in use.
AWNING SIGNA sign affixed to the cover of a movable frame, of the hinged, roll, or folding type of awning.
BANNERA temporary, decorative sign made of flexible material, mounted on poles, wire, or on the facade of a building, which has symbolic significance or which proclaims greetings, holidays or special occasions.
BILLBOARDA 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 free-standing or attached to the surface of a building or other structure, or applied directly to the surface. (See also, "off-site sign").
BULLETIN BOARD SIGNA type of changeable copy sign constructed to allow letters or symbols to be changed periodically such as those used by churches and schools or other public or semi-public buildings to announce events.
BUSINESS IDENTIFICATION SIGNA sign which contains the name, address and goods, services, facilities or events available on the premises.
CONSTRUCTION SIGNA sign that advertises the development or improvement of a property or builder, contractor or similar person.
CORNERSTONEA stone set into the foundation or wall of a building or structure, normally at a building corner, identifying on its face the date of construction of the building or structure and/or the name of the organization which erected or which owns the building or structure, and other matters pertinent to the nature of the organization.
DATE STONE OR DATE SIGNA stone set into the wall of a building or structure or any plaque, board or numerals, painted or attached to the wall of a building or structure to identify the date of its construction. A cornerstone bearing only a date is also a date stone.
DECORATIVE FLAGA sign made of flexible material, mounted on poles, wires, or on the facade of a building, which is not the official symbol of national, state, and local government and agencies, past and present, or private corporations.
ELECTRONIC VARIABLE MESSAGE SIGNA sign or portion thereof that displays electronic images, graphics and/or text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade or repixalization. Electronic variable message signs include, but are not limited to, computer programmable, microprocessor-controlled electronic or digital displays.
[Added by Ord. No. 1079, 1/16/2019]
EVENT MARKERA permanent sign that serves as a cornerstone, memorial plaque, historical marker or other similar feature to identify a notable event or structure.
FLAGA sign made of flexible material, mounted on poles, wires, or on the facade of a building, which is currently the official symbol of national, state or local government or an agency, or private corporation.
FLASHING SIGNA sign with action or motion, or whose illumination is not kept at constant intensity at all times when in use, and which exhibits changes in light, color, direction or animation.
FREESTANDING SIGNA sign on a freestanding frame, mast or poles and not attached to any building. Also known as a ground or detached sign.
GROUND SIGNA freestanding sign, the bottom of which is less than one foot above the ground and not attached to any building.
HISTORICAL MARKERA sign that serves to identify a previous event(s) or time period(s).
ILLUMINATIONIncorporating a source of light in order to make the message readable.[5]
MARQUEEA permanent structure extending out from the front of a building, typically over the entrance, for advertising events or programs that change frequently.
MEMORIAL PLAQUEA sign attached to the wall of a building or structure and which provides information commemorating a person or event pertinent to the history of the building or structure or events occurring on the site.
OFF-SITE SIGNSee "billboard."
ON-PREMISES SIGNA sign that advertises or contains notice of a business, organization, event, person, place, service or product principally located or sold on the premises upon which the sign is located.
OPAQUENot allowing light to pass through.
PENNANTA flag or banner that measures greater in length than in height, and which often tapers to a point.
PORTABLE SIGNAny portable sign standing in front of or on the premises of an occupant for the purpose of advertising daily specials or other current matters related to the occupant and which is removed at the close of each day of business or activity.
PROJECTING SIGNA sign that is attached to a building or other structure and extends beyond the line of said building or structure.
PUBLIC SERVICE SIGNA sign providing information or instructions for public convenience.
REAL ESTATE SIGNA temporary sign advertising the sale or rental of premises. The signs may also bear the words "sold," "sale pending" or "rented" across their face.
RESIDENTIAL IDENTIFICATION SIGNA sign containing only the name and address of the occupant of the premises in the case of a single-family and two-family dwellings or the name of the building and the address in the case of a multi-family residential building.
SANDWICH BOARD SIGNA movable sign not permanently attached to the ground or surface upon which it is located, advertising business conducted on the premises.
SHOPPING CENTER SIGNA sign that serves to identify a shopping center.
TRAFFIC CONTROL SIGNTraffic control signs, including for example, "One-Way," "Right Turn Only," "Stop," "No Entry" and "Exit Only" that may be permitted in all zoning districts within the boundaries of a lot or parcel upon which traffic problems may exist.
VEHICLE SIGNSigns attached to any vehicle that relate to the purpose or use of the vehicle, such as taxi signs and delivery vehicle signs.
WALL SIGNA flat sign which extends outward less than six inches and is affixed to the wall of a building or structure and which does not extend above the parapet, eaves, or facade of the building or structure.
WIND-ACTIVATED SIGNIncludes signs with wind-driven moving parts, such as whirleygigs.
The area of a sign computed by multiplying the maximum horizontal
measurement by the maximum vertical measurement. Both measurements
include all ornamentations surrounding the information area but exclude
the supporting structure. The supporting structure shall not include
any signs as defined under the terms in this chapter. Each face of
a sign, unless otherwise noted by the provisions of this chapter,
shall be applied to the calculation of the total permitted square
footage.
A modification to an existing conforming or nonconforming
sign affecting color, style of lettering, symbols, shape, size, lighting
or suspension and/or relocation of a sign.
The reconstruction of a conforming or nonconforming sign
that has been destroyed or significantly damaged by natural causes
and where such reconstruction occurs within 90 days of such destruction
or damage.
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.
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 do not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
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.
An authorized use of a structure or land which may be granted
only by the Zoning Hearing Board after a public hearing and in accordance
with express standards and criteria specified in this chapter.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or any other way, whether public or private,
used or intended to be used by vehicular or pedestrian traffic.
Streets may be classified according to the following:
ARTERIALA public street which serves large volumes of local and trough traffic and which collects and distributes traffic from collector streets through the region. Streets classified as arterial in the Borough are Greensburg Pike and Ardmore Boulevard.
CUL-DE-SACA short street having one end open to traffic and being permanently terminated by a vehicle turnaround, including a court or dead-end street.
LOCALA public street, other than an arterial street designed to provide access to abutting lots and to discourage through traffic.
PRIVATEA street, including the entire private right-of-way, which is privately owned and maintained through private agreement and which is intended for private use. A "private street" provides access to several lots or parcels which do not have access to a public street and which require access to a public street through the private street.
PUBLICA street, including the entire public right-of-way, which has been dedicated to and accepted by the Borough, county or state or which has been devoted to public use by legal mapping, use or other means.
SERVICEA short street or alley, whether public or private, designed only to provide secondary access to a structure or group of structures or to parking and loading facilities accessory to the structures and which is not intended for general traffic circulation.
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 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.
Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
A collocation or modification that:
[Added by Ord. No. 1086, 8/19/2020]
Increases the overall height of an existing support structure
more than 10% or 10 feet;
Increases the width more than six feet from the edge of an existing
support structure;
Involves the installation of any new equipment cabinets on the
ground when there are no existing ground-mounted equipment cabinets;
Involves the installation of any new ground-mounted equipment
cabinets that are 10% larger in height or volume than any existing
ground-mounted equipment cabinets;
Involves excavation or deployment of equipment outside the area
in proximity to the support structure and other transmission equipment
already deployed on the ground;
Would defeat the existing concealment elements of the support
structure as determined by the Borough; or
Violates a prior condition of approval, provided however that
the collocation need not comply with any prior condition of approval
related to height, width, equipment cabinets or excavation that is
inconsistent with the thresholds for a substantial change.
A pole or other structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function for collocation. This
term includes vertical support structures for traffic lights but does
not include horizontal structures to which signal lights or other
traffic control devices are attached.
[Added by Ord. No. 1086, 8/19/2020]
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.
As herein defined, the term "swimming pool" shall be deemed to be
a structure.
A fence erected to fully-enclose a garden and prevent the
entry of animals.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The sales period permitted in
such a structure is limited to June 15 through July 8 and December
21 through January 2 of each year. This definition does not include
the sale of display fireworks, as defined by Act 43.
[Added by Ord. No. 1071, 4/18/2018]
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 consecutive months or less.
A subset of hazardous substances, including pollutants that
"after discharge and upon exposure, ingestion or inhalation . . .
[by] any organism" will "cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions, physiological
malfunctions, . . . or physical deformations in such organisms or
their offspring" (33 U.S.C.A. § 1362).
[Added by Ord. 1059, 10/19/2016]
A study prepared by a traffic engineer registered in the
Commonwealth of Pennsylvania that analyzes 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.
Any activity, business or purpose for which any lot or structure
is utilized.
A departure from the strict letter of this chapter, as it
applies to specific properties, as authorized by the Zoning Hearing
Board in accordance with the standards specified in the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
A facility for the rental of automobiles, trucks, buses,
boats, marine equipment, motorcycles, campers, motor homes, recreational
vehicles, trailers, and other similar vehicles/equipment, but not
including heavy equipment.
[Added by Ord. 1057, 6/15/2016]
A drill or well site containing either a single well or multiple
wells and the associated surface equipment.
[Added by Ord. 1059, 10/19/2016]
The equipment and network components, including antennas,
transmitters and receivers and associate ancillary equipment installed
and operated for the transmission of wireless communications services.
The term does not include support structure.
[Added by Ord. No. 1086, 8/19/2020]
Any FCC-licensed or authorized wireless communications service,
including, without limitation, any personal wireless services, as
defined in 47 U.S.C. § 332(c)(7).
[Added by Ord. No. 1086, 8/19/2020]
The work performed in a well after completion in an effort
to secure production where there has been none, restore production
that has ceased, or increase production.
[Added by Ord. 1059, 10/19/2016]
A required open space located on a lot which is unobstructed
from the ground upward, except as otherwise provided in this chapter.
A yard extending across the full lot width and abutting the
front lot line. The depth measurement required by this chapter 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 chapter 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 chapter shall be the horizontal distance between
the side lot line and a line parallel thereto.
A finite area of land, as designated by its boundaries on
the Zoning Map, throughout which specific and uniform regulations
govern the use of land and/or the location, size and use of buildings.
The term "zoning district" shall include "overlay districts."
The official map delineating the zoning districts of the
Borough, together with all amendments subsequently adopted.
The Zoning Hearing Board appointed by the action of Borough Council whose jurisdiction is specified in Part 11 of this chapter.
The designated official or an authorized representative appointed
by the Borough Council to administer and enforce this chapter.
The Forest Hills Borough Zoning Ordinance, Ord. 907 as adopted by the Borough Council on May 16, 2007, as amended and codified as Chapter 27 of the Forest Hills Borough Code of Ordinances, "Zoning" [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: See 72 P.S. § 7101 et seq.
[3]
Editor's Note: The definition of "child care, office building,"
which immediately followed this definition, was repealed 3/25/2015
by Ord. 1048.
[4]
Editor's Note: The former definitions of "communications antenna,"
"communications equipment building," "communications equipment cabinet,"
and "communications tower" were repealed by Ord. No. 1086, 8/19/2020.
[5]
Editor's Note: The former definition of “light-emitting
diode (LED) sign,” added by Ord. No. 1053, 11/18/2015, which
immediately followed this definition, was repealed 1/16/2019 by Ord.
No. 1079.
[Ord. 907, 5/16/2007, § 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.
