Borough of Ben Avon, PA Article III Definitions

§ 2000-300 Definitions.

[Ord. 738, 8/18/2009]

A. Certain words used in this Ordinance are defined below. Words used in the present tense shall include the future. The singular number shall include the plural and the plural the singular. The word "shall" is mandatory and not permissive.

B. For the purposes of this Ordinance, the following words, terms or phrases shall have the specific meanings indicated:

ACCESS

A means of vehicular or pedestrian approach, entry to, or exit from a property.

ACCESSORY DWELLING

A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.

ACCESSORY STRUCTURE

A structure subordinate to the principal structure(s) on a lot and used for purposes customarily incidental to those of the principal structure(s).

ACCESSORY USE

A use subordinate in area, extent and purpose to the principal use; is subordinate to and contributes to the convenience or necessity of the principal use; and is located on the same lot with the principal use or main building.

ADMINISTRATOR

The designated employee and/or contact representing a Borough to be the administrative head of community planning activities.

AGRICULTURAL ACTIVITIES

Farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, keeping of poultry and animals less than 200 pounds in weight or harvesting for the production of food and fiber products (except commercial logging and timber harvesting).

ALLEY

A public or private vehicular drive permanently reserved as a secondary means of access to an adjoining property.

AMENDMENT

A change in the wording, context or substance of this Ordinance or a change in the zoning or district boundaries of the Official Zoning Map to be made a part of this title.

AMPHITHEATER

A structure or natural formation suited for seating people on a sloped area for the viewing of performances.

APIARY

A place where Beehives are kept.

[Added by Ord. No. 778, 8/31/2017]

AREA

The two-dimensional measurement of space between known lines or boundaries.

ART GALLERY

A business establishment engaged in the sale, loan or display of art books, paintings, sculpture or other works of art.

ASSEMBLY OR FABRICATION FACILITY

See "industry, light."

ASSISTED LIVING RESIDENCE

Any premises in which food, shelter, personal care, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.

AUTOMOBILE

Any device in, upon which or by which any person or property is or may be transported or drawn upon a street, excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks. An automobile refers to any vehicle licensed as a passenger vehicle and under 5,000 pounds delivered weight. Any other vehicle refers to those including, but not limited to, motor homes, recreational vehicles, trailers, and boats.

AUTOMOBILE RENTAL

Leasing or renting of automobiles, motorcycles and light load vehicles.

AUTOMOBILE SALES

A business establishment used for the display or sale of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles and/or boats. Such use may also include the servicing or repair of vehicles of the brand of vehicles sold at the establishment.

AUTOMOTIVE SERVICES

A business establishment used for the repair and maintenance of automobiles, trucks, motorcycles or similar vehicles.

AWNING

Any rigid frame with a membrane covering which is attached to and projects from a building.

BAKERY

A business establishment where breads, cakes, pastries, and the like are produced for on- or off-premises retail sale/distribution and primarily for off-premises consumption.

BALCONY

An elevated platform that projects from the wall of a structure and is enclosed by a parapet or railing.

BANK

See "financial institution."

BASEMENT

The space enclosed by the foundation or ground floor walls of a building partly or wholly below the average level of the adjacent ground. A basement shall not be counted as a story for purposes of height measurements unless one-half or more of its height is above the average finished grade level of the lot.

BED AND BREAKFAST

An owner-occupied dwelling where limited overnight lodging and breakfast is provided for compensation to guests. Overnight lodging occurs within individual sleeping rooms which do not contain cooking facilities. The dwelling may or may not include a publicly accessible restaurant as related use.

BEEHIVE

A moveable-frame enclosure for the housing of Honeybees. All hives shall consist of moveable frames and combs, unless exempted by the Pennsylvania Department of Agriculture as an educational exhibit. Consistent with industry standards, a "Langstroth Hive" refers to any vertically modular beehive that accepts frames that are locally referred to as "Langstroth" frames, and a "Top Bar Hive" refers to a single-store frameless beehive in which the comb hangs from removable bars.

[Added by Ord. No. 778, 8/31/2017]

BEEKEEPING

The use of the premises for owning and/or breeding Honeybees.

[Added by Ord. No. 778, 8/31/2017]

BILLBOARD

An off-premises sign that advertises an establishment, activity, person, product, or service that is unrelated to or unavailable on the premises where the billboard is located.

BOARDING HOUSE

A building arranged or used for overnight lodging, with or without meals, for compensation by transient residents arriving upon their own accord. Overnight loading occurs in individual sleeping rooms with no cooking facilities. A boarding house may include common areas and a common kitchen available for use by residents.

BOROUGH

The Borough of Avalon, the Borough of Bellevue and/or the Borough of Ben Avon.

BUFFER/BUFFERYARD

A strip of land, together with a specified type and amount of planting thereon, and any structures such as fences or walls which may be required between land uses to eliminate or minimize conflicts between them.

BUILDING

Any fully enclosed structure having a roof supported by columns or walls, intended for the shelter, housing or enclosure of persons, animals, equipment or belongings.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to (1) highest point of the roof for flat roofs, (2) the deck lines for mansard roofs, (3) the mean height between eaves and ridge for gable, hip, and gambrel roofs, and (4) the highest vertical point for other types and styles and roofs.

BUILDING PERMIT

A certificate attesting that a project has been reviewed and approved by the applicable Borough for the construction, major repair, alteration or renovation, or addition of a building or structure in accordance with this Ordinance.

BUSINESS SERVICES

Establishments engaged in rendering services to businesses and offices on a fee or contract basis, including, but not limited to, advertising and mailing; data processing; secretarial; financial; photocopying; quick printing and fax; office supplies; building maintenance; equipment servicing, rental, leasing and sales; employment service; management and consulting services; and other similar business services.

BYOB ESTABLISHMENT

Any restaurant, except that which can be defined as an adult facility, not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age and older may consume alcoholic beverages which said patrons have carried onto the premises and where said restaurant has obtained a valid amusement permit by the applicable Borough for such operation.

CAFETERIA

Any establishment where food and/or beverages are prepared, served and consumed, where food and/or beverages are selected by a customer while going through a serving line and taken to a table for consumption.

CANOPY

A rigid, multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points and/or by columns or posts embedded in the ground at other points. Any structure that extends above any adjacent parapet or roof of supporting building is not included within the definition of canopy.

CAR WASH

A building or structure used for the purpose of cleaning or reconditioning the exterior and interior surfaces of automobiles and/or trucks but not including an incidental one-bay washing facility in a gasoline service station where washing facilities are accessory to the operation of said service station. A self-operated vehicular laundering facility not requiring attendants or employees, regardless of capacity, is also considered to be a car wash. No vehicle repairs or sale of petroleum, fuels or lubricants shall occur in association with the car wash.

CARPORT

A structure with a roof and no more than three sides that is used to cover a single vehicle.

CATERING SERVICE

A business establishment which prepares food or meals on-site and subsequently delivers the product off premises.

CEMETERY

A lot used for, or intended to be used for, the burial of human remains, including, but not limited to, columbarium, mausoleums, and mortuaries when operated in conjunction with the cemetery and within its boundaries.

CERTIFICATE OF USE AND OCCUPANCY

A certificate issued and enforced by the applicable Zoning Officer upon completion of the construction of a new building or structure or upon a change or conversion of the structure or use of a building which certifies that all requirements and regulations, including this Ordinance, have been satisfied.

CHECK CASHING ESTABLISHMENT

A business establishment uninsured by the Federal Deposit Insurance Corporation (FDIC), that engages, in whole or in part, in exchanging cash for checks, warrants, drafts, money orders, or other commercial paper serving the same purpose.

CINEMA

A building with a single or multiple movie theaters, each theater (not including adult movie theater or adult movie house) capable of providing performances independent of the others in the building. A cinema may contain internal common areas for box office or ticket sales, lobby areas, restrooms, concession stands, signs and marquee displays, and other service and maintenance facilities.

CLEAR SIGHT LINE

An unoccupied space extending along the full width of the front lot line between side lot lines and extending 10 feet from the adjoining street right-of-way. Such space shall remain clear of obstructions between three and 12 feet above grade.

COLLEGE

An academic institution that provides full-time or part-time educational or training curriculum that exceeds a secondary education.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signal owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such a device. This definition shall not include a satellite dish less than 24 inches in diameter or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

COMMUNICATIONS TOWER

Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, or masts, intended primarily for the purpose of mounting a communications antenna or similar apparatus above ground.

COMMUNITY CENTER

A building where residents of any age may carry on cultural, recreational, or social activities within interior and/or exterior facilities.

CONDITIONAL USE

An authorized use which may be granted only by a Borough Council pursuant to express standards and criteria prescribed in this Ordinance after review and recommendations by the Joint Planning Commission and a hearing conducted by Borough Council pursuant to public notice.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common element are vested in the unit owners.

CONFERENCE CENTER

A building used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption.

CONSIGNMENT STORE

A business establishment in which used personal items such as, but not limited to, clothes, jewelry/artifacts or small furniture are resold through a broker for the owner at an agreed-upon price.

CONSISTENCY

An agreement or correspondence between matters being compared which denotes a reasonable rational, similar, connection or relationship.

CONSTRUCTION

The erection, reconstruction, renovation, repair, extension, expansion, alteration, improvement or relocation of a building or structure including the placement of mobile homes.

CONTRACTOR'S STORAGE YARD

A lot or part thereof used by a contractor or builder to store equipment and materials or where a contractor performs shop or assembly work. A contractor's storage yard may or may not include a building or structure and excludes a construction site or any establishment otherwise defined or classified by this Ordinance.

CONVENIENCE STORE

A business establishment that offers for sale a limited line of groceries and household items intended for the convenience of the neighborhood, excluding the sale of gasoline/energy supply for motor vehicles.

COOP

An enclosed building for housing chickens in which nesting box(es) and roost(s) are provided.

[Added by Ord. No. 778, 8/31/2017]

CORRECTIONAL FACILITY

A building used for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail, and prison. Such facilities house persons who are in the custody of city/county/law enforcement, and the facilities are typically government owned.

COUNCIL, BOROUGH

The governing body of each of the Tri-Borough Communities.

COUNTRY CLUB/GOLF COURSE

A recreational and/or social establishment whose principal use is golfing and that may include one or more of the following accessory uses: a clubhouse and/or restaurant, locker rooms, pro shop, swimming pool, noncommercial driving range and facilities for racquet sports.

CREMATORIUM

A building containing properly installed, certified apparatus intended for use in the act of cremation of human remains.

CULTURAL CENTER

A building that provides for the cultural interpretation of a region or locale, such as, but not limited to, museums, auditoriums, art galleries and libraries.

DAY CARE CENTER (ADULT)

Any premises, which is licensed by the Pennsylvania Department of Welfare as a "day care center" where care is provided for any number of adults, who are not relatives of the operator, at any one time for part of a twenty-four-hour day.

DAY CARE CENTER, CHILD

A business establishment, licensed by the Commonwealth of Pennsylvania, located within a building which is not used as a dwelling unit, for the care during part of a twenty-four-hour day of children under the age of 16.

DAY CARE HOME (YOUTH)

A residential dwelling in which care is provided for up to six people, between 16 and 18 years of age, for less than 24 hours per day provided that such establishment is licensed by the Commonwealth of Pennsylvania and/or Allegheny County as appropriate.

DAY CARE HOME, CHILD

A business establishment, licensed by the Commonwealth of Pennsylvania, located within a dwelling, for the care on a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of age, excluding care provided to children who are relatives of the provider. Such use shall be secondary to the use of the dwelling for living purposes and persons who do not reside in the dwelling shall not be employed.

DECK

A flat, floored, unenclosed, elevated structure adjoining a building or another structure.

DENSITY

A term used to express the allowable number of dwelling units per net acre of land.

DISTRIBUTION CENTER

See "industry, light."

DORMITORY

A building used as a group living facility for students or other groups as an associated use to a college, university, boarding school or other similar educational use. Board may or may not be provided. Sleeping rooms do not contain cooking facilities and no common kitchen is available to residents.

DRIVE-IN THEATER

A lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures on a paid admission basis to patrons seated in automobiles.

DRIVE-THRU

Any accessory use which involves a window, service lane, bay, or other facility where customers are provided services while inside their vehicles. Such uses include but are not limited to "drive-in" or "drive-thru" windows at fast food restaurants, pharmacies, financial institutions and car washes.

DRIVEWAY

A private vehicular access connecting a dwelling unit, garage, carport, other building or parking space with a public street or alley.

DRIVING RANGE

An area of land on which golfers can simultaneously practice their skills from common tees and/or common greens.

DRY CLEANING CUSTOMER SERVICES

A business establishment maintained for the pickup and the on-site delivery of dry cleaning and/or laundry without operation of any laundry or dry-cleaning equipment or machinery.

DRY CLEANING FACILITY

A business establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.

DWELLING

A building or portion thereof designed for and used exclusively for residential occupancy.

	APARTMENT — A building containing at least three dwellings, sometimes designed around courts or common open spaces, often having private balconies or patios.
	APARTMENT, GARDEN — A building that contains apartments that does not exceed three stories and where each dwelling is usually accessed from a common hall, although individual entrances may be provided.
	APARTMENT, HIGH RISE — A building, which is four or more stories in height, which contains dwellings for rent and where units typically share a common entrance and/or common interior corridor.
	DUPLEX — A building that contains two dwelling units immediately adjacent to each other and which share a common wall between the units or are on top of one another with each unit having direct access to the outside.
	MOBILEHOME — 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 a permanent foundation.
	MULTI-FAMILY DWELLING — A building containing three or more individual dwellings on the lot with each dwelling designed for occupancy by one family.
	QUADPLEX — A single building designed for or occupied exclusively as residences, where the structure is divided by two common party walls into four distinct dwelling units where each dwelling unit has direct access to the outdoors.
	SINGLE-FAMILY DWELLING — A residential dwelling which is the only principal structure on the lot and designed exclusively for and occupied exclusively by one family and containing one dwelling unit.
	TOWNHOUSE — A single-family dwelling, with a private entrance from the outside, which is part of a structure that includes dwellings attached horizontally in a linear arrangement, and having an exposed front and rear wall.

DWELLING UNIT

One or more habitable rooms which are intended or designed to be occupied as a residence by one family, with facilities for living, sleeping, cooking and dining.

EMERGENCY SERVICES

An area utilized for the maintenance, fueling, storage, dispatching or parking of vehicles and/or equipment providing rescue or ambulance services, excepting rescue services offered from a fire station, and where the area may or may not include buildings utilized in connection therewith.

ENGINEER

A professional engineer licensed as such by the Commonwealth of Pennsylvania.

ERECT

To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs on walls, windows, and doors.

ESSENTIAL SERVICES

A building or structure used for the distribution, collection and/or maintenance of underground or overhead gas, electrical, steam, digital telephone, cable or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, cable television, or other telecommunications transmission lines provided by public or private entities, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Communication facilities shall not be considered essential services for the purposes of this Ordinance.

ESTABLISHMENT

Any organization, including a business, whether private, public, governmental, social, or otherwise, together with its owners, directors, employees, members, merchandise, inventory, and equipment, founded for a specific purpose.

EXERCISE/FITNESS CLUB

A business establishment where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility and/or weight control. The activities shall be conducted entirely within an enclosed building.

FACILITY

An improved lot or building that accommodates a specific land use.

FAMILY

A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit and a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. If not related by blood, marriage, adoption or guardianship, such a group shall be limited to a maximum of five individuals. The term "family" shall not include persons living together in a halfway house, group care facility, boarding house or personal care home as defined herein.

FAMILY GROUP

Any number of householders and up to a maximum of five additional persons who reside in a "group home" and are in the care of the householders for the purpose of receiving special supervision or other specialized services (but not including medical services) in a residential environment because of a physical or mental handicap. For the purposes of this Ordinance a householder shall refer to the supervisor of a family group.

FARMERS MARKET

A building and/or structured open space area in which the sale of fresh agricultural products directly to the consumer and where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail trade.

FEED STORE

A business establishment where agricultural and/or home/garden supplies are sold.

FENCE

A constructed barrier of acceptable material or combination of acceptable materials erected to enclose or screen an area for land or portions of a building or structure.

FINANCIAL INSTITUTION

Any trust company, savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, federal association, investment company, or other business association, which is chartered under federal or state law, and which solicits, receives, or accepts money or its equivalent on deposit and loans money as a regular business.

FLEA MARKET

A building and/or structure or open space area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in the retail trade. Rummage sales and garage sales are not considered to be flea markets.

FLEX SPACE

A building that can be subdivided for use by multiple tenants for business activities related to light industrial, warehousing, and associated office/administrative space.

FLOODPLAIN

A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation as defined by the Federal Emergency Management Agency (FEMA) as part of said agency's Flood Insurance Rate Map.

FLOODWAY

The channel of a river and adjacent land area that must be reserved in order to discharge the waters of the base flood (one-hundred-year flood) so that confinement of flood flows to the floodway area will not result in substantially higher flood levels and flow velocities.

FLOOR AREA RATIO

The ratio of gross floor area of all buildings and structures on a lot to total lot area.

FOOD PACKAGING FACILITY

A business establishment for the storage, assembly, packaging, and distribution of prepared foodstuffs, and not including any food processing preparation.

FOOD PROCESSING FACILITY

A business establishment producing or processing foods for human consumption and certain related products. Includes: (1) bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution; (2) dairy products processing; (3) fats and oil products (not including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing (not including facilities that also slaughter animals); and (7) miscellaneous food preparation from raw products.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principals, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

FRONT LINE OF BUILDING

Face of a building adjacent and nearest to the front lot line.

FUNERAL HOME

A building, including mortuaries, licensed by the Commonwealth of Pennsylvania, that contains a suitable storage room for the deceased and may include embalming facilities and that may also provide rooms for the display of and burial ceremonies of the deceased.

GARAGE, RESIDENTIAL

An accessory building or a portion of the principal building, enclosed on no less than three sides with an overhead door, not being accessible to the general public and designed or used for shelter of storage of private vehicles and personal property of the occupants of the principal building.

GARDEN CENTER

See "nursery."

GAS WELL

See "oil/gas well."

GASOLINE/ENERGY RECHARGE STATION

Any building, structure or area of land used for storing and dispensing flammable liquids, combustible liquids, liquefied flammable gas, flammable gas or other energy source to power motor vehicles. Sale of retail goods/services may also be provided as a secondary activity on the lot.

GENERAL CONSISTENCY, GENERALLY CONSISTENT

That which exhibits consistency.

GIFT SHOP

Retail stores where items such as art, antiques, jewelry books and notions are sold.

GREENHOUSE

A business establishment where the principal activity is the growing of plants for wholesale distribution and includes outside storage and display.

GROCERY STORE

A business establishment where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offers other home care and personal care products, and which is substantially larger and carries a broader range of merchandise than a convenience store.

GROSS FLOOR AREA

The sum of floor areas of a building as measured to the outside surfaces of exterior walls and/or all areas, either interior or exterior, intended for conduct of a use.

GROUP CARE FACILITY

A business establishment designated as such or as a group care home that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social or rehabilitative services provided by a governmental agency, their licensed or certified agents, or any other responsible nonprofit social services corporation. Supervision shall be provided by responsible adults whose number shall be determined and certified by the sponsoring agency. However, one responsible adult shall be available for the residents on a twenty-four-hour basis. The residents of the facility need not be related to each other; however, the number of residents shall not exceed five persons. This facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, rooming or boarding homes.

HABITABLE FLOOR AREA

The sum of the floor areas of a dwelling unit, as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.

HALFWAY HOUSE

A licensed home for inmates on release for more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, where supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. A halfway house also includes a dwelling unit occupied on a transient or short-term basis by persons assigned by a court of law, or referred by a public, semi-public, profit or nonprofit entity, and managed by or on behalf of a public, semi-public, profit or nonprofit entity responsible for the occupants' care, safety, conduct, counseling and supervision, where the residents reside there for purposes of transitional alcohol, drug or substance abuse recovery, shelter for battered persons and their children, maternity homes, community re-entry services following incarceration, prison assignment, house arrest or other court-ordered treatment, the housing of persons accepted for residence on the basis of their status as juvenile offenders or delinquents, and other similar short-term supervised assignments.

HARDWARE STORE

A business establishment with less than 30,000 square feet of gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery. If greater than 30,000 square feet, such a facility is a home improvement center.

HEALTH CARE FACILITY

A business establishment, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, or physical condition that include diagnostic treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, life care facility, outpatient laboratory, or central services facility serving one or more such institutions.

HEIGHT

See "building height."

HELIPORT

A structure for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

HISTORIC STRUCTURE

Any structure that is listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirement for individual listing on the National Register, individually listed on a local inventory of historic places, at either the County or Borough level, that has been certified by an approved state program or determined by the Secretary of the Interior.

HOME IMPROVEMENT CENTER

A business establishment of more than 30,000 square feet gross floor area, engaged in the retail sale of various basic hardware lines and building supply materials, such as tools, builders hardware, lumber, paint and glass, housewares and household appliances, garden supplies, and cutlery.

HOME-BASED BUSINESS, NO IMPACT

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. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

HOME-BASED BUSINESS, OTHER

A business carried on entirely within a building whose principal use is a single-family dwelling but does not meet the requirements of a no-impact home-based business.

HONEYBEE

All life states of the common domestic honeybee Apis mellifera species. This term does not include any hybrid of the African Honeybee (Apis mellifera scutellata) with any European honeybee, also known as an "Africanized Honeybee."

[Added by Ord. No. 778, 8/31/2017]

HOSPICE

An organization licensed under this act to provide a coordinated program of palliative and supportive services provided in a home, independent living environment or inpatient setting which provided for physical, psychological, social and spiritual care of dying persons and their families. Services are provided by a medically directed interdisciplinary team of professionals and volunteers, and bereavement care is available to the family following death of the patient. The term shall also be deemed to refer to services provided by such an organization.

HOSPITAL

An institution having an organized medical staff established for the purpose of providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for the care of persons who are injured, disabled, pregnant, diseased, sick or mentally ill, or rehabilitation services for the rehabilitation of persons who are injured, disabled, pregnant, diseases, sick or mentally ill. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill.

HOTEL

A business establishment offering overnight accommodations to the general public and which provide additional services such as restaurants, meeting rooms, and recreational facilities. The main entrance to each hotel guestroom must be accessible from the interior of the building.

HOUSEHOLD

Any group of persons, not necessarily related by blood, marriage, or legal adoption, who reside in the same dwelling unit.

IMPERVIOUS SURFACE

Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, paved recreation areas, golf courses, swimming pools, and the like.

INDUSTRY, HEAVY

An enterprise engaged in the basic processing and manufacturing of materials or products that are predominately from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT

An enterprise engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials. Light industry is capable of operation in such a mariner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. A machine shop is included in this category. Also included is the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food, paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), wood products, electrical instruments, pharmaceuticals or optical goods, bicycles, and any other product of a similar nature.

INSTITUTION

A business establishment that provides a public service and is operated by a Federal, State, or local government, public or private utility, public or private school or college, church, public agency, tax-exempt organization, or non-profit organization.

JOINT PLANNING COMMISSION

The Planning Commission of the Tri-Borough Communities.

JOINT ZONING MAP

A part of this Ordinance, the official map of the Zoning Districts of the Tri-Borough Communities, showing precisely the boundaries and title of each Zoning District.

JOINT ZONING ORDINANCE

The Ordinance of each of the Tri-Borough Communities' Official Code governing zoning regulations.

JUNKYARD

A building and/or structure or lot, or part thereof, used primarily for the collecting, storage, or sale of waste paper, rags, scrap metal, or reclaimable material, or for the collection, dismantling, storage and salvaging of machinery or two or more unregistered, inoperable motor vehicles.

KENNEL

Any premises, except where accessory to an agricultural use, where domestic animals, such as dogs and cats, are boarded, trained, or bred.

LANDFILL

Any lot licensed as such by the Pennsylvania Department of Environmental Protection (PA DEP) for the disposal of solid waste, other than hazardous waste, as defined and regulated by Federal statute.

LANDOWNER

Any person, agent, firm, corporation, or partnership that alone, jointly, or severally with others: (1) has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or (2) has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the deed(s) as recorded by with the Allegheny County Department of Real Estate or designated equivalent of the County to be the owner of a particular property shall be presumed to be the person in control of that property.

LANDSCAPING

The modifications of the landscape for an aesthetic or functional purpose or to mitigate the impacts of development. It includes the preservation of existing vegetation and the continued maintenance thereof together with grading and installation of minor structures and appurtenances.

LANDSCAPING BUSINESS

A business principally engaged in the decorative and functional alteration, planting and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.

LAUNCHING RAMP

A constructed or altered segment of the riverbank or shore used for the purpose of enabling a recreational boat to be placed into the water from a trailer or other apparatus used to transport or store the boat.

LAUNDROMAT

A business establishment where patrons wash, dry, or dry clean clothing or other fabrics in machines owned and maintained by the establishment's owner.

LIBRARY

A building containing printed and pictorial material for study, reference, or entertainment and that is open to the public or connected with a permitted educational use and is not conducted as a private for-profit business.

LIFE CARE FACILITY

A health care facility for the transitional residency of elderly and/or disabled persons, progressing from independent living such as in single-family, assisted living, personal care, nursing home to hospice care units to congregate living where residents share common meals and culminating in a full health such as a continuing care nursing home facility.

LOADING BERTH/SPACE

An off-street lot for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a single principal use.

LOT AREA

The total area within the lot, excluding the area within any street right-of-way.

LOT COVERAGE

The portion or percentage of the lot area covered by impervious surfaces.

LOT FRONTAGE

That part of a lot (a lot line) adjoining on a street or way; except that the ends of incomplete streets, or streets without a turning circle, shall not be considered frontage.

LOT LINE, FRONT

That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the borough.

LOT LINE, REAR

The boundary of a lot that is more distant from and is most nearly parallel to the front lot line.

LOT LINE, SIDE

Any boundary of a lot that is not a front lot line or a rear lot line.

LOT OF RECORD

An area of land designated as a lot by a plan which has been recorded in the Allegheny County Department of Real Estate, or its designated equivalent.

LOT, CORNER

Any lot situated adjacent to the intersection of two or more streets having an angle of intersection of not more than 135°. A corner lot shall maintain front yard requirements along the street upon which the principal building faces.

LOT, INTERIOR

A lot other than a corner lot.

LOT, NONCONFORMING

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

LOT, THROUGH

A lot other than a corner lot with frontage on more than one street (also referred to as double frontage).

LOW IMPACT RESIDENTIAL COMMERCIAL BUSINESS

A business or commercial activity (including without limitation Business Services; Office, Medical; and Office, Professional/Administrative as defined under this Ordinance) administered or conducted in a residential style structure and which involves minimal customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, not in excess of those normally associated with other non-residential uses available in R-M District. The property and the business or commercial activity must satisfy the following requirements:

[Added by Ord. 756, 8/21/2012]

A. The business shall be carried on wholly within the principal or accessory structures.

B. There shall be no exterior display or exterior sale of retail goods, or exterior storage of business related materials and inventory on the premises, with minimal outside appearance of a business use, which shall be limited to necessary parking, lights and signs (building and address identification sign as defined in § 2000-300) as permitted by the Ordinance.

C. The business activity shall not use any equipment or process which creates objectionable noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television receipt, which is detectable in the neighborhood. The use shall comply with the performance standards of § 900 of this Ordinance.

D. The business shall not involve any illegal activity.

E. The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the other non-residential uses available in R-M District in the neighborhood.

F. The use shall not require external alterations or construction features which are not customary to a dwelling.

G. The use shall not cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the other non-residential uses available in the R-M District and residences in the neighborhood.

H. The use shall not cause a negative impact on lot values in the immediate neighborhood.

I. The business shall not involve the daily use of commercial vehicles for regular delivery of materials to or from the premises, other than common overnight carriers and postal services. Commercial trucks shall not be permitted to be parked overnight on the premises.

J. The property shall be (i) located in Ben Avon Borough, (ii) in the Moderate Density Residential District, and (iii) with a lot size in excess of 1.75 acres or 76,230 square feet.

K. The Principal Building shall be at least 45 feet from any neighboring residential Dwelling Unit.

L. The following uses shall not be considered Low Impact Residential Commercial Business and shall be restricted to the Zoning Districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:

(1) Beauty shops or barber shops containing more than four chairs;

(2) Clinics, hospitals or nursing homes;

(3) Funeral/Mortuary;

(4) Kennels, veterinary offices and clinics;

(5) Private instruction to more than three students at a time;

(6) Restaurants or tearooms;

(7) Tourist or boarding homes;

(8) Vehicle or equipment rental, repair or sales;

(9) Vehicle repair garages, as defined by this Ordinance.

MARINA

A business establishment for secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel, for use by the owner or resident of the lot, and those other than the owner or resident of the lot, upon which the facility is located.

MARQUEE

Any type of permanent construction projecting from the wall of a building above an entrance and extending over a street or sidewalk, or part thereof, and not supported by ground posts.

MASSAGE THERAPY ESTABLISHMENT

Any business establishment or part thereof where massage services are provided by a person having graduated from a massage therapy training program approved by the authorizing board within the Commonwealth of Pennsylvania or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or by a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA).

MEDICAL CLINIC

A business establishment or institution primarily engaged in furnishing medical, surgical, or other services to individuals, including the offices of physicians, dentists, and other health care practitioners; medical and dental laboratories; out-patient care facilities; blood banks; and oxygen and miscellaneous types of medical supplies and services; excluding hospital.

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in the Medical Marijuana Act, Act 16 of 2016,[1] and any subsequent amendments thereto.

[Added by Ord. No. 779, 8/31/2017]

MEDICAL MARIJUANA DISPENSARY

The use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to dispense Medical Marijuana, or as otherwise defined in any subsequent amendments to the Medical Marijuana Act, Act 16 of 2016.[2]

[Added by Ord. No. 779, 8/31/2017]

MEDICAL MARIJUANA GROWER/PROCESSOR

The use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to grow and process Medical Marijuana, or as otherwise defined in any subsequent amendments to the Medical Marijuana Act, Act 16 of 2016.[3]

[Added by Ord. No. 779, 8/31/2017]

MIXED-USE

A single property containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

MOBILEHOME LOT

A parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome.

MOBILEHOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobilehome lots for the placement thereon of mobilehomes.

MORTUARY

See "funeral home."

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping units with separate exterior entrances and designed for year-round occupancy, primarily for transient automobile travelers. Structures shall provide for accessory off-street parking areas. Supervision is provided in shifts by twenty-four-hour on-site management.

MUNICIPAL

Anything of or pertaining to the Borough of Avalon, the Borough of Bellevue, or the Borough of Ben Avon, its government, organizational structure, services or facilities.

MUNICIPAL USE

Any building, structure or use of land by a Borough or a municipal authority/commission created by a Borough Council.

MUSEUM

A business establishment or institution for the purpose of creating, acquiring, studying, interpreting, exhibiting, or selling to the public for its instruction and enjoyment a collection of historic, pictorial or sculptural objects.

NURSERY

Building(s) and lands associated therewith, for the growing and sale of flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation together with gardening tools and implements which are sold at retail from such building or lot to the general public.

NURSING HOME

Any institution or facility in which nursing care and related medical or other health services are provided for a period exceeding 24 hours, for two or more individuals, who are not relatives of the owner or administrator, who may be acutely ill but not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or medical infirmity need such care.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectiliation, culvert, building, fence, stockpile, refuse, fill, structure, or manner in, along, across or projecting into any channel, watercourse, or flood-prone area of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.

OCCUPANCY PERMIT

A certificate issued by the applicable Zoning Officer attesting to that the proposed use or reuse of premises is in accordance with the requirements of this Ordinance or with a previously issued building permit and may be legally occupied.

OCCUPANT

A resident or tenant of a dwelling unit or commercial facility on a temporary or permanent basis.

OFFICE, MEDICAL

A building where one or more licensed medical professionals provide diagnosis and treatment to the general public without surgical procedures, overnight accommodation, or pharmacy. Includes such uses as reception areas, offices, consultation rooms, and x-ray, providing that all such uses have access only from the interior of the structure.

OFFICE, PROFESSIONAL/ADMINISTRATIVE

A building where recognized professional(s) such as doctors, 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.

OIL/GAS WELL

A hole or shaft sunk into the earth to tap an underground supply of oil or natural gas, including all above ground apparatuses and structures which facilitate the extraction, storage, metering and conveyance of said substance.

OUTSIDE STORAGE

See "storage, outside."

PARK

Land that is designated and used by the public for active or passive recreation. Recreation activities and improvements associated with a park include, but are not limited to:

A. Play areas/playgrounds.

B. Outdoor tennis courts.

C. Outdoor basketball courts.

D. Athletic/sports fields.

E. Golf courses.

F. Nature trails.

G. Picnic areas.

H. Swimming pools.

PARKING LOT, SURFACE

Any public or private lot utilized to meet the parking requirements of this Ordinance, including parking aisles that provide access to the parking spaces, but excluding any streets or driveways that provide access to the parking lot.

PARKING STRUCTURE

A building of two or more stories, whether privately or publicly owned, used for parking more than four automobiles.

PAWN SHOP

See "consignment store."

PERFORMANCE STUDIO

A building where a performance of work or role may be rehearsed and/or performed.

PERMITTED USE

An authorized use allowed by right, which may be granted by the applicable Zoning Officer upon compliance with the requirements of this Ordinance.

PERSON

Any individual, partnership, corporation, joint stock association, or any city or state or any subdivision thereof; and includes any trustee, receiver, assignee or personal representative thereof.

PERSONAL CARE HOME

Any premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self administration.

PERSONAL SERVICES

A business establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barber shops, shoe repair shops, and tailor shops.

PET CEMETERY

A non-human cemetery in which household pets may be buried.

PHARMACY

A business establishment that dispenses drugs by prescription. The term pharmacy may also include the provision of a limited selection of house ware and foodstuffs.

PLACE OF ASSEMBLY

A building and/or lot that is designed for the assembly or collection of persons, for civic political, religious, educational, or social purposes, and where recreation, amusement, or dining may occur as accessory activities.

PLACE OF WORSHIP

A building and/or lot where people regularly observe, practice, or participate in religious or spiritual services, meeting and/or activities.

PLANNING COMMISSIONER

A designated member of the Tri-Borough Communities Joint Planning Commission.

PLAT

A map or layout plan that indicates the location, boundaries, and ownership of any land, lot, tract, or parcel that has been or is planned to be subdivided. The individual properties shall conform to lots as designated on the Official Zoning Map.

PORCH

A covered area adjoining an entrance to a building and usually with a separate roof.

POST OFFICE

An establishment owned and maintained by the United States Postal Service for the purpose of distributing mail to the public.

PRESERVATION

Maintenance in an existing or natural state in order to prevent environmental or structural degradation of a functional or visual nature.

PRINCIPAL BUILDING

A building which contains conducts the main or principal use of the lot on which said building is situated.

PRINCIPAL USE

The primary use(s) of land or buildings as distinguished from a subordinate or accessory use.

PRINT AND PUBLISHING FACILITY

A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, facsimile sending and receiving and including offset printing.

PRIVATE

Designed or intended for one's exclusive use.

PROFESSIONAL CONSULTANTS

Persons who provide expert or professional advice, including, but not limited to architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

PUBLIC (BOROUGH) FACILITY

Any building, structure or other such facility being used by or for the governmental or infrastructure activities of the Borough of Avalon, Borough of Bellevue and/or Borough of Ben Avon.

PUBLIC

Anything owned or operated by the federal government, state government or any political subdivision thereof.

PUBLIC HEARING

A public hearing held pursuant to public notice intended to inform and obtain public comment and take evidence, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84 as amended), known as the "Sunshine Act."

PUBLIC NOTICE

A notice published once a 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.

PUBLIC SAFETY FACILITY

Any building and/or lot maintained for fire protection, law enforcement, emergency medical services or other public safety service.

PUBLIC WORKS FACILITY

A facility or agency which under public ownership or authority provides the public with water storage, treatment, and distribution services, maintenance and material storage and services, or other similar facilities and services.

RAILROAD FACILITY

A building directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, and passenger and freight terminals; provided, however, that the operation of such facilities as a hobby or as part of an amusement business shall not be considered a railroad use.

RAILROAD FREIGHT TERMINAL

A heavy rail facility for freight pick-up or distribution; may include intermodal distribution facilities for truck or shipping transports.

RECREATIONAL VEHICLE

Any boat, boat trailer, all-terrain vehicle, All Terrain Vehicle ("ATV"), Golf Cart, cargo trailer, house trailer, motor home, camper, bus, or similar vehicles or equipment, including any vehicle, or part of a vehicle, or equipment designated for temporary living quarters for recreation, camping, or travel.

[Added by Ord. No. 785, 3/19/2019]

RECREATION FACILITY, INDOOR

A building where sports, recreation, and/or leisure activities are able to take place within enclosed building.

RECREATION FACILITY, OUTDOOR

A building or lot where sports, recreation, and/or leisure activities are able to take place outside of an enclosed building including a boat launching ramp.

RECYCLING, RETAIL

A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public.

REPAIR SHOP

Any building or lot in which or upon which a business, service, or industry involving maintenance, servicing, or repairing of goods, excluding vehicles, is conducted or rendered.

RESEARCH FACILITY

A building or group of buildings, including incubator facilities, used primarily for applied and developmental research, where product testing may be an integral part of the operation and goods or products may be manufactured as necessary for testing, evaluation, and test marketing. This usage excludes the use of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids.

RESTAURANT, WITH DRIVE-THRU

A business establishment where food and drink are served to the public and where the design of physical facilities and/or packaging procedures permit or encourage patrons to order from and/or be served in their automobiles.

RESTAURANT, WITHOUT DRIVE-THRU

A business establishment where food and drink are served to the public and where all services take place within the building, tableside, or other seated location on the lot but not with an automobile. Alcoholic beverages shall not be permitted in the Borough of Bellevue unless authorized as a BYOB establishment as defined by this Ordinance.

RETAIL BUSINESS/SALES

A business establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RIFLE RANGE

An area or building specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any similar firearm for the purpose of sport shooting or military/law enforcement training.

RIGHT-OF-WAY

A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, alley, sidewalk, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary, or storm sewer and other similar uses; generally, the right of one to pass over the property of another.

RIVER-ORIENTED USE

A facility or use which by its nature is required to be on or adjacent to a river.

RIVERBANK

The area of rising ground bordering a river.

ROADSIDE STAND

A temporary building not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products.

ROOF

The cover of any building, including the eaves and similar projections.

RUN

A fenced area attached to a chicken coop allowing for outside room for chickens to move around and forage.

[Added by Ord. No. 778, 8/31/2017]

SCHOOL, ACADEMIC

Any establishment offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or cooperation meeting the requirements of the Commonwealth of Pennsylvania.

SCHOOL, COMMERCIAL

A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting data processing, and computer repair.

SCHOOL, KINDERGARTEN, PRE-, NURSERY

Any day care center which receives children between the ages of two years and six years and which is established and professionally operated primarily for educational purposes to meet the developmental needs of the children served.

SCREENING

An assemblage of materials that are arranged so as to block the ground level views between grade and a height of six feet. Suitable screening materials include trees, shrubs, hedges, berms, walls, sign-tight fences, other similar type materials, or any combination thereof. No wall or fence shall be constructed of plywood, corrugated metal, fiberglass, or sheet metal. Landscape screens must achieve the required visual blockage within two years of installation.

SETBACK

The minimum distance by which any building or structure must be separated from a street right-of-way, alley, or lot line.

SEXUALLY-ORIENTED BUSINESS

A business establishment consisting of, including, or having the characteristics of any or all of the following: adult arcades, adult bookstores, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, adult escort agencies, nude model studios, or sexual encounter centers.

A. ADULT ARCADE Any business establishment where the public is permitted to operate coin-operated or electronically or mechanically operated still or motion picture machines, projectors, or other image-producing devices to show images to five or fewer persons, and where the images describe "specific sexual activities" or "specified anatomical areas."

B. ADULT BOOKSTORE OR ADULT VIDEO STORE A business establishment which offers for sale or rental one or more of the following: 1) books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video/CD/DVD cassettes, slides, or any other visual representations in any form which depict or describe "specified sexual activities" or "specified anatomical areas"; 2) Instruments, devices, or paraphernalia that are designated for use in connection with "specific sexual activities."

(1) A business establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing, "specified sexual activities" or "specified anatomical areas" and still be categorized as an "adult bookstore or adult video store." Such other business purposes will not serve to exempt such commercial establishment from being categorized as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

C. ADULT CABARET A night club, bar, restaurant, or similar business establishment which regularly features:

(1) Persons who display "specified anatomical areas."

(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

D. ADULT MOTEL A hotel or motel or similar business establishment offering public accommodations for any form of consideration that (1) provides patrons with closed-circuit televisions transmitters, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right-of-way or in any other manner advertises the availability of this adult type of photographic reproductions; and/or (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a twenty-four-hour period.

E. ADULT MOTION PICTURE THEATER A business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

F. ADULT THEATER A theater, concert hall, auditorium, or similar business establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

G. ADULT ESCORT AGENCIES A person or business association, who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

H. ESCORT A person who, for a fee, tip, or other consideration, offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

I. NUDE MODEL STUDIO A place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, painted or drawn upon, or similarly depicted by the person in a state of nudity or other persons who pay money or any form of consideration.

J. SEXUAL ENCOUNTER CENTER A business establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas."

K. SPECIFIED ANATOMICAL AREAS The male genitals in a state of sexual arousal and/or vulva or more intimate parts of the female genitals, and the following listed areas of the human anatomy when not completely and opaquely covered: the human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola.

L. SPECIFIED SEXUAL ACTIVITIES Includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; (3) masturbation, actual or simulated; (4) excretory function as part of or in connection with any of the set forth in the subsection above.

M. SEXUALLY Oriented businesses are classified as follows:

(1) "Adult" arcades.

(2) "Adult" bookstores or video store.

(3) "Adult" cabarets.

(4) "Adult" motels.

(5) "Adult" motion picture theaters.

(6) "Adult" theaters.

(7) Escort agencies.

(8) Nude model studio.

(9) Sexual encounter center.

SHED

A subordinate structure or building used primarily for storage purposes, of a height no greater than seven feet, and the total square footage of which does not exceed 120 square feet.

SHOPPING CENTER

A group of retail and other commercial business establishments that are planned, owned, and managed as a total entity with customer and employee parking provided on-site. The two main configurations of shopping centers are malls and strip centers.

SHORT TERM RENTAL

A dwelling in which the owner rents any area of the dwelling to one (or more) individuals for compensation or fee, including offer of exchange in kind, of any type (whether or not involving overnight accommodations or separate sleeping quarters) for less than 30 consecutive days. This definition applies to all types of residential dwellings including (but not limited to) single family residential, multi-family residential, and residential properties commonly considered as seasonal homes, vacation homes, or tourist homes. The use shall comply with the performance standards of § 2000-900 of the Avalon-Bellevue-Ben Avon Joint Zoning Ordinance.

[Added by Ord. No. 784, 3/19/2019]

SIDEWALK

Areas located along streets, within the right-of-way or easement, separated by a curb, planter or both from the street and designated for preferential use by pedestrians.

SIGN

Any structure or device for visual communications that is used for the purpose of bringing the subject to the attention of the public. Any awning sign, backlit sign, billboard, ground sign, illuminated sign, marquee, neon sign, projecting sign, roof sign, temporary sign, wall sign, window graphics, window sign, which shall include any other device making any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person when the same is placed outdoors in view of the general public or when the same is placed indoors where the basic intent if for view by the general public outside of the building.

[Amended by Ord. No. 786, 3/19/2019]

A-FRAME – Any sandwich board or sign structure with a triangular cross-section.

ABANDONED SIGN – A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law.

ADA SIGNS – Any sign needed for a facility or building to achieve compliance with the requirements of the Americans with Disabilities Act, and displaying no advertising.

ADVERTISING SIGN – A sign relating to commercial, industrial, private, recreational, public utility, or other similar business conducted on the premises in which the sign is located.

ANIMATED SIGN – A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:

Electrically activated. Animated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.

Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

Environmentally activated. Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

Mechanically activated. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

ARCHITECTURAL PROJECTION – Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "Awning"; "Backlit awning"; and "Canopy, attached and freestanding."

AWNING – An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.

AWNING SIGN – A sign displayed on or attached flat against the surface or surfaces of an awning. See also "Wall or fascia sign."

BACKLIT AWNING – An awning with a translucent covering material and a source of illumination contained within its framework.

BANNER – A flexible substrate on which copy or graphics may be displayed.

BANNER SIGN – A sign utilizing a banner as its display surface.

BILLBOARD – See "Off-premises sign" and "Outdoor advertising sign."

CANOPY (Attached) – A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "Marquee."

CANOPY (Free-standing) – A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a free-standing canopy may be illuminated by means of internal or external sources of light.

CANOPY SIGN – A sign affixed to the visible surface(s) of an attached or free-standing canopy.

CHANGEABLE SIGN – A sign with the capability of content change by means of manual or remote input, including signs which are:

Electrically activated. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "Electronic message sign or center."

Manually activated. Changeable sign whose message copy or content can be changed manually.

COMBINATION SIGN – A sign that is supported partly by a pole and partly by a building structure.

COPY – Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.

DEVELOPMENT COMPLEX SIGN – A free-standing sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord.

DIRECTIONAL SIGN – Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic, and displaying no advertising.

DIRECTORY – A sign listing business or occupants of a building. A directory is commonly, but not always, located at or near the building entrance.

DOUBLE-FACED SIGN – A sign with two faces, back to back.

ELECTRIC SIGN – Any sign activated or illuminated by means of electrical energy.

ELECTRONIC MESSAGE SIGN OR CENTER – An electrically activated changeable sign whose variable message capability can be electronically programmed.

EXTERIOR SIGN – Any sign placed outside a building.

FASCIA SIGN – See "Wall or fascia sign."

FESTOON LIGHTING – Festoon lighting is a directly illuminated sign including either a group of incandescent light bulbs hung or strung overhead or used to outline a sign or other structure, but not including holiday lighting. Festoon lighting is not permitted.

FLAG – A piece of cloth or bunting varying in size, color, and design, used as a symbol, sign, signal, emblem, or advertisement.

FLASHING SIGN – See "Animated sign, electrically activated."

FREE-STANDING SIGN – A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.

GROUND SIGN – See "Free-standing sign."

IDENTIFICATION SIGNS – Signs identifying schools, churches, hospitals, or similar institutions and for lodges, clubs, residential developments, parks, recreation areas, and other public assets.

ILLUMINATED SIGN – A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s)(externally illuminated).

INTERIOR SIGN – Any sign placed within a building, but not including "window signs" as defined by this ordinance. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.

MANSARD – An inclined decorative roof-like projection that is attached to an exterior building facade.

MARQUEE – See "Canopy (attached)."

MARQUEE SIGN – See "Canopy sign."

MENU BOARD – A free-standing sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20% of the total area for such a sign utilized for business identification.

MOBILE SIGN – See "Portable Sign."

MULTIPLE-FACED SIGN – A sign containing three or more faces.

NO-IMPACT HOME BASED BUSINESS SIGN – A sign permitted in association with an occupation conducted in the premises within a dwelling unit occupied by the operator of the business.

OFF-PREMISES SIGN – See "Outdoor advertising sign."

ON-PREMISES SIGN – A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

OUTDOOR ADVERTISING SIGN – A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

PARAPET – The extension of a building facade above the line of the structural roof.

POLE SIGN – See "Free-standing sign."

POLITICAL SIGN – A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.

PORTABLE SIGN – Any sign not permanently attached to the ground or to a building or building surface.

PROJECTING SIGN – A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

REAL ESTATE SIGN – A temporary sign, whether or not embedded in the ground, advertising the sale, lease, development, or rental of the property or premises upon which it is located.

REVOLVING SIGN – A sign that revolves 360° (6.28 rad) about an axis. See also "Animated sign, mechanically activated."

ROOF LINE – The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.

ROOF SIGN – A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs.

SIGN – Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.

SIGN AREA – The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.

SIGN COPY – Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

SIGN FACE – The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.

In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.

In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.

In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.

In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.

SIGN STRUCTURE – Any structure supporting a sign.

TEMPORARY SIGN – A sign intended to display either commercial or noncommercial messages of a transitory, seasonal, or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. A temporary sign or banner advertising a sale or providing information about a special event sponsored by an institutional, public, civic, charitable organization.

UNDER CANOPY SIGN OR UNDER MARQUEE SIGN – A sign attached to the underside of a canopy or marquee.

V SIGN – Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape with an interior angle between faces of not more than 90 (1.57 rad) degrees with the distance between the sign faces not exceeding five feet (1,524 mm) at their closest point.

WALL OR FASCIA SIGN – A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.

WINDOW SIGN – A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.

SIGN PERMIT

A certificate issued by the Borough in which the sign is located attesting that the proposal for the design, construction and maintenance of a sign has been reviewed and approved in accordance with the requirements of this Ordinance. Issuance of a sign permit is required prior to the commencement of any construction activities.

SITE PLAN

A plan, to scale, showing uses and structures proposed for a parcel of land. It includes lot lines, streets, buildings, major landscape features, and depending on requirements, the locations of proposed utility lines.

SOCIAL CLUB

A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings and formal written membership requirements.

SOLICITOR

The legal review and/or recommending body as designated by a Borough.

SPECIAL EXCEPTION

An authorized use which may be granted only by a Zoning Hearing Board pursuant to express standards prescribed in this Ordinance and a hearing conducted by a Zoning Hearing Board pursuant to public notice.

SPONSOR COUNCIL

The Borough Council initiating an amendment to the Joint Zoning Ordinance.

STABLE

A building in which horses are sheltered. A stable may be an accessory to a residential or other use or a freestanding principal use.

STORAGE FACILITY, SELF SERVICE

Any lot designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal items.

STORAGE, OUTSIDE

The storage of any materials outside the principal or accessory buildings on a property.

STREET

A public thoroughfare, including street, avenue, boulevard, road, highway, freeway, parkway, land alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private, which affords primary means of vehicular access to adjoining property.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land.

STRUCTURE, NONCONFORMING

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Ordinance or amendment or prior to the application of this Ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.

STRUCTURE, TEMPORARY

A structure without any foundation or footing and removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

STUDIO

A building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement.

SUNSCREEN

A covering consisting of one or more materials for use in lessening the impacts of sunlight.

SUPERMARKET

A business establishment primarily engaged in retail sale of foodstuffs, with more than 20,000 square feet of floor area dedicated to sales floor area.

SWIMMING POOL, PUBLIC

A body of water or receptacle for water having a depth at any point greater than two feet and surface area grater than 100 square feet intended for admission by the public for recreational purposes, for a fee or not, including swimming and bathing.

TATTOOING/PIERCING ESTABLISHMENT

A business establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: 1) placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

TAVERN/BAR

A business establishment where the principal use is the serving of alcoholic beverages by the drink to the general public and where food or packaged beverages may be served or sold as an accessory use.

TERMINAL, FREIGHT

A building and/or structure and adjacent loading area where cargo is stored and where commercial vehicles load and unload cargo on a regular basis which may or may not include facilities for maintenance, fueling, storage or dispatching of the vehicles.

TERMINAL, PASSENGER

A building or lot where the principal use is the handling, receiving, and transfer of passenger traffic, and may include as an accessory use the loading, unloading, receiving, dispatching, weighing, consolidating, classifying, distribution, movement, or transfer of freight, as well as all equipment and facilities used to accomplish the foregoing activities. Such uses shall not include permanent storage of freight or light manufacturing activities.

THEATER

A business establishment, other than an adult movie theater or adult movie house, inside a completely enclosed building devoted to showing pictures and/or live dramatic or musical performances. A theater usually contains an auditorium in addition to other performance-related facilities.

TOWER, NON-COMMUNICATION

A man-made structure, higher than its diameter, generally used for observation, storage, power generation or electronic transmission, exclusive of communication or water tower.

TOWER, WATER

A vessel for the use of water storage by a public or private authority, agency or corporation for the purposed of providing water supply.

TRAIL

A way designed for and used by pedestrians, cyclists equestrians and designated motorized vehicles.

TRI-BOROUGH COMMUNITIES

The Boroughs of Avalon, Bellevue, and Ben Avon, consolidated into one regulatory unit for the purposes of land use planning and development.

USE

The purpose or activity for which the land or building thereon is designed, arranged, or intended or for which it is occupied or maintained.

USE, NONCONFORMING

A use, whether of land or structure, which does not comply with the applicable use provisions in this Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

VARIANCE

A relaxation of the terms of this Ordinance. Such relaxation will not be contrary to the public interest and where owing to conditions peculiar to the property and not the results of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship. Such a relaxation shall be granted pursuant to the provisions of this Ordinance and Articles VI and IX of the Pennsylvania Municipalities Planning Code.

VEHICLE

A conveyance propelled or driven by any kind of power, including muscular power, but does not include conveyances running only on rails.

VERANDA

An open gallery, similar to a porch, attached to the exterior of a building, usually with a roof and extending along more than one side.

VETERINARY OFFICE (NO-BOARDING)

A business establishment where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment and may not include boarding facilities except for inpatient medical requirements. Also referred to as an "animal hospital."

WATER STORAGE

Any impoundment of water by a public or private authority, agency or corporation for the purpose of providing water supply or recreation to the general public.

WHOLESALE BUSINESS

A business establishment primarily engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public which includes the warehousing of merchandise and which may include distribution of such merchandise on the site of the principal business.

WIND TURBINE

A wind-driven machine that converts wind energy into electrical power.

	RESIDENTIAL WIND TURBINE — A wind turbine used for residential-scale purposes.
	COMMERCIAL WIND TURBINE — A wind turbine used for nonresidential-scale purposes.

YARD

The area of property between property lines and setback lines, or dimensions as herein noted in the Zoning Ordinance for each Zoning District, within which enclosed buildings, or structures, or any portion thereof, shall not be constructed. Fences, walls, and storage may be permitted in any yard subject to height limitations as indicated herein.

A. FRONT YARD The land area extending across the full width of the lot and adjoining the front lot line. The depth of the front yard shall be considered to be the horizontal distance between the front lot line and a line parallel thereto known as the front line of the buildable area of the lot.

B. REAR YARD The land area extending between the side lot lines of the lot and adjoining the rear lot line. The depth of the rear yard shall be considered to be the horizontal distance between the rear lot line and a line parallel thereto known as the rear line of the buildable area of the lot.

C. SIDE YARD The land area extending between the rear line of the front year and the rear lot line and adjoining the side lot line. The width of the side yard shall be considered to the horizontal distance between the side lot line and the line parallel thereto known as the side line of the buildable area of the lot. If no front yard is required, the front lot line shall be the front boundary of the side yard. In the case of through lots, the yards remaining after the full and half-depth front yards have been established shall be considered to be side yards.

ZONING

The designation of specified districts within a community, reserving them for certain uses together with limitations on lot area, heights of structures and other stipulated requirements.

ZONING DISTRICT

An area accurately defined as to boundaries and location on the Zoning Map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded.

ZONING HEARING BOARD

The Zoning Hearing Board of each Borough member of the Tri-Borough Communities.

ZONING MAP

See "Joint Zoning Map."

ZONING OFFICER

The person(s) designated by the Borough Council members of the Tri-Borough Communities to administer the Joint Zoning Ordinance or as otherwise defined by the applicable multi-municipal implementation agreement(s).

ZONING PERMIT

A document signed by the applicable Zoning Officer as a condition precedent to the commencement of a use which document acknowledges that such use complies with the provisions of this Ordinance or an authorized variance therefrom.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

[2] Editor's Note: See 35 P.S. § 10231.101 et seq.

[3] Editor's Note: See 35 P.S. § 10231.101 et seq.