A.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings here
indicated. The singular shall include the plural and the plural shall
include the singular. The word "used" shall include the words "arranged,"
"designed" or "intended to be used." The present tense shall include
the future tense. The word "may" is permissive. The word "shall" is
mandatory.
B.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings here
indicated. The singular shall include the plural and the plural shall
include the singular. The word "used" shall include the words "arranged,"
"designed" or "intended to be used." The present tense shall include
the future tense. The word "may" is permissive. The word "shall" is
mandatory. All definitions within the Pennsylvania MPC, as applicable,
are hereby referenced by this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any land use residential in nature other than defined by
this chapter or the zoning ordinances of the Boroughs of Millvale
and/or Sharpsburg.
A business establishment operated by a veterinary medical
doctor(s), certified in the Commonwealth of Pennsylvania, for the
medical or surgical treatment of domestic, agricultural or zoological
animals.
A suite of rooms or a single room in a building containing
three or more dwelling units, each with its own cooking, food storage,
bathing and toilet facilities and with access directly or by a common
hallway to the outside. An apartment building is three or less stories.
An establishment, in conjunction with or without a dwelling,
designed for the preparation, instruction, display and/or sale of
individually crafted work related to artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, literature
or performance of fine arts, such as but not limited to drawing, vocal
or instrumental music.
A business establishment used for the display or sale of
automobiles, noncommercial trucks, motorcycles, motor homes, recreational
vehicles and/or or boats. Such use may also include the servicing
or repair of vehicles of the brand of vehicles sold at the establishment.
A facility where baked goods, candies and/or chocolate are
prepared.
A business establishment where the principal business is
the receipt, disbursement, or exchange of funds and currencies such
as banks, savings, loans, credit unions or check cashing establishments.
Establishment may not offer a drive-through window.
A business establishment that occupies a single-family dwelling
and, if applicable, associated accessory structures where limited
overnight lodging and breakfast is provided for compensation to guests
and where said use may or may not also host accommodations for private
events such as weddings, parties, seminars and conferences.
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served,
where live entertainment (not including adult entertainment) may also
be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
A facility that brews ales, beers, meads, and/or similar
beverages on site.
A place for short- or long-term storage, collection and/or
distribution of heavy equipment, machinery or materials used in construction,
farming or industrial operations.
A business establishment operated for social, recreational,
educational or fraternal purposes, some serving alcoholic beverages
where permitted, but open only to members and their guests.
A building where activity for the benefit of the general
public occurs with meeting rooms and/or accessory fitness facilities.
Any premises, which is licensed by the Pennsylvania Department
of Welfare as a "day-care facility," or equivalent term, where care
is provided for seven or more children under 16 years of age or any
number of adults, for less than 24 hours per day.
A residential dwelling in which care is provided for up to
six children, under 16 years of age, including any child residing
in the home, for less than 24 hours per day provided that such establishment
is licensed by the Commonwealth of Pennsylvania and/or Allegheny County,
as appropriate.
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.
Any service to citizens for injury or life-threatening events,
including but not limited to ambulance, paramedic or fire and rescue
services provided by a public or private agency. A building, structure
and/or lot used for the maintenance, fueling, storage, dispatching
or parking of vehicles and/or equipment utilized to provide private
rescue or ambulatory services, fire and/or police services.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission, disposal
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, street signs, off-street parking spaces 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,
safety or general welfare, but not including buildings.
The management of forests and timber lands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A building licensed by the Commonwealth of Pennsylvania that
contains a suitable storage room for the deceased and may include
embalming facilities and rooms for the display of burial ceremonies
of the deceased, but excludes crematories.
A business establishment supplying gasoline and oil, tires,
accessories and services for vehicles directly to the populace, including
minor repairs and the sale of groceries, but not including such major
repairs as spray painting, body, fender, axle, frame, major engine
overhaul or recapping/retreading of tires.
A business establishment that sells produce, dry goods, meats,
baked goods, dairy items, frozen foods and the like. This includes
supermarkets, food stores, dairies, delicatessens, but does not include
convenience stores.
Any establishment having a source of income or compensation
derived from offering a service to the public involving health, healing
or fitness-related activities and providing or offering to provide
physiological or psychological healing or therapy. This includes but
is not limited to a health club, massage establishment and public
spa or public hot tub. This term shall not include any business or
establishment operated for the practice of a profession which is licensed
by the Commonwealth of Pennsylvania, such as physicians, dentists,
nurses, podiatrists, chiropractors, physical therapists and similar
occupations. Massage facilities shall constitute no more than 5% of
the floor area of the building.
A business administered or conducted 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 must
satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than members residing
in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to parking, signs or lights.
No on-site parking of commercially identified vehicles shall
be permitted.
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.
The business activity may not generate any solid waste or sewage
discharge, in volumes or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A business conducted within a dwelling whereas said business
is not classified as a no-impact home-based business.
Building(s) used for the short-term care of patients suffering
from physical or mental illnesses, but not including narcotics addiction
or those found to be criminally insane, and which may or may not be
publicly or privately operated.
A business establishment inclusive of a building or portion
thereof designed or used for transient rental for sleeping purposes.
All room access is through interior hallways or courtyards. No cooking
facilities, other than a microwave or toaster oven, may be permitted
in any sleeping room. Accessory shops, restaurants, swimming pool,
fitness center, spa, services and conference centers catering to the
general public can be provided where conference rooms and banquet
halls are also be available for rent. Supervision is provided in shifts
24 hours a day by an on-site manager.
A business establishment for receiving, pickup and pressing
of garments and where cleaning or drying operations are conducted.
A public or semipublic facility for the use, but not sale,
of literary, musical, artistic, or reference materials.
The processing and fabrication of certain materials and products
where no process involved will produce noises, vibration, water pollution,
fire hazard or noxious emissions which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the
production of the following goods: home appliances, electrical instruments,
office machines, precision instruments, electronic devices, timepieces,
jewelry, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, machine tools,
dies and gauges, ceramics, apparel, lightweight nonferrous metal castings,
film processing, light sheet-metal products, plastic goods, pharmaceutical
goods, food products, not including animal slaughtering, curing or
rendering of fats, and similar activities.
A business establishment for secure mooring of recreational
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. A marina may include a restaurant and/or
boat and motor sales store.
A building or structure where one or more licensed medical
professionals provide diagnostic services, medical, dental, and/or
psychiatric services and/or treatment diagnosis and treatment to the
general public without overnight accommodation and may include uses
such as reception areas, waiting areas, consultation rooms, X-ray
and a dispensary, providing that all such uses shall have access only
from the interior of the building or structure. The clinic generally
operates on an appointment basis and does not take walk-in patients.
It has relatively low pedestrian or customer traffic throughout the
year. Any facility for methadone treatment or other narcotic treatment
programs approved by the Pennsylvania Department of Health shall not
be considered a medical office use.
A lot or building on or in which various land uses are combined
as an integrated development. A "single site" may include contiguous
but unconsolidated lots.
A parcel of land under single ownership containing two or
more mobile home lots improved with the necessary facilities and services
for the placement of mobile homes for nontransient use.
A business establishment inclusive of a building or group
of buildings, whether detached or in connected units, used as individual
sleeping units with separate exterior entrances, open year-round and
designed for temporary 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.
Any building, structure or lot used by the Borough, a municipal-related
use or a municipal authority/commission created by the Borough. These
uses shall include administrative facilities and public works facilities.
Any sign, billboard, statuary or poster that directs attention
to a business, commodity, service or entertainment not exclusively
related to the premises where such sign is located or to which it
is affixed.
A public garage or a paved, open off-street area other than
a driveway or street with adequate means of access and used exclusively
for the parking of vehicles of occupants or visitors of the lot; however,
a driveway serving a single-family dwelling or which is for the exclusive
use of an individual dwelling unit in a residential building may be
used as parking area.
A business enterprise conducted for gain which primarily
offers services to the general public such as shoe repair, valet service,
watch repairing, barbershop, beauty parlors and related activities;
a business establishment that generally operates on a first-come,
first-serve basis and has relatively high pedestrian or customer traffic
throughout the year including utility payment centers, advertising
agencies, manufacturing representatives, personnel agencies, travel
and ticket agencies and the like.
Any premises in which food, shelter and personal assistance
or home 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.
A retail store which primarily sells prescription drugs,
patent medicines and surgical and sickroom supplies. A pharmacy may
be within a retail establishment.
A building and/or lot that is designed for the assembly or
collection of persons, for civic, political, educational, or social
purposes, and where recreation, amusement, or dining may occur as
accessory activities. A place of assembly does not include a private
club.
A building use and/or lot where people regularly observe,
practice, or participate in religious or spiritual services, meeting
and/or activities.
A business establishment that provides duplicating services
using blueprinting, engraving or offset printing processes on paper,
fabric or other materials and includes the collating and binding of
books, booklets, reports and pamphlets, but does not provide self-serve
facilities or accommodate walk-in trade. Duplicating services provided
by photocopying or like technological processes are not included and
are considered personal and professional services.
Any office of recognized professions, such as doctors, dentists,
lawyers, architects, engineers, artists, musicians, designers, teachers
and others who, through training, are qualified to perform services
of a professional nature. The establishment generally serves clients
and operates on an appointment basis with relatively low pedestrian
and vehicular traffic.
A business establishment that serves clients and operates
on an appointment basis, with relatively low pedestrian or vehicular
traffic, including offices of recognized professionals such as lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions; or an office of a governmental
agency, social service organization, notary, public or private utility,
political organization or the like, not including a municipal facility.
Swimming pools, skating rinks, recreational centers and other
recreational areas and facilities (excluding golf courses) owned and/or
operated by the Borough or other public-sector entity. This also includes
areas of land suitable for the development of specific active recreation
facilities or leisure-time activities, usually of a formal nature
and often performed with others, requiring equipment and taking place
at prescribed places, sites or fields, including but not limited to
baseball fields, soccer fields, football fields, tennis, basketball
and other court games, hockey facilities, multipurpose fields and
community swimming pools and attendant facilities.
A building, structure or portion of a lot, which under public
franchise or other lawful relationship, provides the public with transmission
and communications services, electric distribution or other similar
facilities or services.
A building or group of buildings, including incubator facilities,
but not medical laboratories, 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 solely when necessary for
testing, evaluation, and test marketing. This usage excludes the use
of toxic, biological, corrosive, flammable, carcinogenic, or explosive
materials, chemicals, liquids, gases, or solids.
A business establishment whose principal business is the
sale of food and/or beverages to customers in a ready-to-consume state
and whose principal method of operation includes one or both of the
following characteristics: customers, normally provided with an individual
menu, are served their foods and beverages by a restaurant employee
at the same table or counter at which food and beverages are consumed;
or a cafeteria-type operation where food and beverages generally are
consumed within the restaurant building.
A business establishment that offers quick food service for
consumption on or off the premises which is accomplished through a
limited menu of items already prepared and held for service or prepared,
fired or grilled quickly or heated in a device such as a microwave
oven. Orders are not generally taken at the customer's table, and
food is generally served in disposable wrapping or containers.
Any business establishment not otherwise specifically defined
in this article that sells or rents commodities and/or services on
the premises directly to the general public, available for immediate
purchase and removal, but not including the manufacturing or processing
of any products with a gross floor area equal to or more than 5,000
square feet.
Any business establishment not otherwise specifically defined
in this article that sells or rents commodities and/or services on
the premises directly to the general public, available for immediate
purchase and removal, but not including the manufacturing or processing
of any products with a gross floor area less than 5,000 square feet.
This use may not include wholesaling, manufacturing or processing
of goods.
A boat, ferry, barge or similar structure licensed by the
Commonwealth of Pennsylvania on which gambling games are allowed.
This includes land-based facilities or uses which are required for
access to riverboat gambling.
A place of instruction operated by a public, private, nonprofit
or religious organization, having regular sessions, with regularly
employed instructors and meeting all of the requirements of the Pennsylvania
Department of Education for providing primary, secondary, postsecondary,
undergraduate and/or graduate collegiate education. This definition
shall not include privately operated, for-profit trade, vocation,
avocation or business schools.
A specialized instructional establishment that provides on-site
training of business, commercial, medical and/or trade skills such
as accounting, data processing, computer repair, vocational trades
and/or equipment usage.
Any designed for the collection, removal, treatment, and
disposal of waterborne sewerage generated within a given service area.
A dwelling unit and lot designed and intended to be occupied
by one family that is not attached to another dwelling unit.
A structure for the storage of goods directly related to
a retail use of the lot.
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property. No sales, service or repair activities other than the rental
of dead storage units are permitted on the premises.
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, without kitchen facilities,
where live entertainment (non-sexually oriented business or establishment)
may also be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
A business establishment that includes placing of designs
or other marks upon or under the skin of any person, using ink or
other substances that result in the permanent coloration or scarification
of the skin by means of the use of needles or other instrument designed
to contact or puncture the skin; and/or the creation of an opening
in the body of a person for the purpose of inserting jewelry or other
decoration.
A parcel used for a centralized storage of trucks or where
trucks are congregated at a warehouse or other loading facility to
load and unload products.
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 on
a paid-admission basis. A theater usually contains an auditorium in
addition to other performance-related facilities. This term shall
not refer to a place of assembly.
Any ground-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, or masts,
not intended for the primary purpose of mounting a communications
antenna or similar apparatus above ground.
A building which contains at least three but no more than
eight dwelling units, each of which are separated from the adjoining
unit or units by a continuous, common wall extending from the basement
to the roof, each unit having independent access directly to the outside
and having no other units above or below.
A dwelling unit, located on its own lot, which shares one
or more common or abutting walls and/or a floor with one dwelling
unit.
A building or structure used for the storage and handling
of goods, materials, freight, or merchandise awaiting sale on another
lot or location, but not including the maintenance or fueling of commercial
vehicles. Warehousing which is incidental to retail sales and which
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition. Incidental
sales may occur on the lot.
A business establishment primarily engaged in selling merchandise,
dry goods, and food stuffs to retailers, institutional, commercial
or professional business customers or other wholesalers, not to the
general public. The activities may include the merchandise warehousing
and distribution.
As used in this chapter, the following terms shall have the
meanings indicated:
A portable sign comprised of two separate panels or faces
joined at the top and spread apart at the bottom to form the base
on which the sign stands.
The number or other designation assigned to a housing unit,
business establishment, or other structure for all purposes of location,
mail delivery, and emergency services.
Any sign or part of a sign that changes physical position
or light intensity by any movement or rotation or that gives the visual
impression of such movement or rotation. Changeable copy signs, as
defined herein, are not considered animated or moving signs.
The movement, or the optical illusion of movement of any
part of the sign structure, design or pictorial segment including
the movement of any illumination or the flashing, scintillating or
varying of light intensity. Also included in this definition are signs
having "chasing action," which is the action of a row of lights commonly
used to create the appearance of motion.
A work of visual art produced by hand that is tiled, painted
directly upon, or affixed directly to an exterior wall of a structure.
"Art mural" does not include: mechanically produced or computer-generated
prints or images, including but not limited to digitally printed vinyl;
murals containing electrical or mechanical components; murals containing
advertisement, sales, or vendor information; or changing image murals.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
A sign or outside advertising display having a character,
letters, illustrations, ornamentations, symbol, color or visual representation
applied to cloth, paper, vinyl, fabric, plastic, or like kind of malleable
material with or without frame. Flags shall not be considered banners.
A small pedestrian-oriented sign attached to a building,
which bears only the name, number(s) and/or logo of the building but
not the tenant and which is intended to be legible only from the pedestrianways
immediately adjacent to the sign.
A type of changeable copy sign constructed to allow letter
or symbols to be changed periodically such as those used by churches
and schools to announce events.
A sign that is designed so that characters, letters, or illustrations
can be changed or rearranged manually to change the message on the
sign without altering the face or surface of the sign.
A sign that is designed so that characters, letters, or illustrations
can be changed or rearranged remotely by electronic or other means
to changes the message or sign without altering the face or surface
of the sign.
Two or more establishments or businesses adjoining parcels
which are designed and developed in a coordinated manner and which
may share parking, driveways and other common facilities.
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product service, or other commercial activity.
A temporary sign announcing the name of contractors, mechanics,
or artisans engaged in performing work on the premises and only during
active construction activities.
A temporary sign erected during the period of construction
and/or development of a property by the contractor and developer or
their agent.
A sign generally informational, that has a purpose secondary
to the use of the lot or site on which it is located, such as "No
Parking," "Entrance," "Exit," "One Way," "Loading Only," "Telephone,"
and other similar directives, and provided that such sign does not
exceed five square feet. Directional, incidental sign shall be located
only in conjunction with site drive entrances and/or internal traffic
drive aisles.
A sign which displays messages, such as time and temperature,
in alternating light cycles.
Any fabric containing distinctive colors, patterns, or symbols,
used as a symbol of the United States of America, the Commonwealth
of Pennsylvania, the local municipality, a government organization,
institution or business. A flag is not a sign.
A sign that contains an intermittent or sequential flashing
light source or has a light source which is not stationary, varies
in illumination intensity, or contains elements which give the appearance
of any of the aforementioned.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
A sign, which is owned, installed, and maintained by the
Borough of Millvale, County of Allegheny, the Commonwealth of Pennsylvania,
or other governmental agency.
A freestanding sign, which is completely self-supporting,
has its sign face or base on the ground and has no air space, columns
or supports visible between the ground and the bottom of the sign.
A sign containing only the name and address of the occupant
of the premises and their occupation. No logos or other advertising
shall be permitted.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
A sign containing a source of light contained within the
sign structure or sign cabinet.
A three-dimensional object, filled with air or gas, and located
in such a manner as to attract attention.
An integral part of the building consisting of a roof which
is supported by the building and may also be supported by columns
or piers, and which includes porches, porticos and porte-cocheres,
but does not include canopies or awnings.
A wall sign attached to a marquee.
A sign that lists for consumers the various options of products,
goods, or services provided by a business.
A ground-mounted sign that is mounted generally flush with
the surrounding grade. It may not be attached to a pylon, nor raised
by mounting on a man-made berm, wall, or similar structure. Supporting
elements may not exceed 24 inches in height and are included in the
measurement of sign height.
A sign identifying/advertising and/or directing the public
to a business, or merchandise, or service, or institution, or residential
area, or entertainment which is located, sold, rented, leased, produced,
manufactured and/or furnished at a place other than the real property
on which said sign is located. However, outdoor advertising or "billboard"
signs shall not be considered to off-premises signs.
A sign or display that identifies or communicates a message
related to the activity conducted, the service offered, or the commodity
sold on the premises where the sign is located.
A permanently installed sign identifying/advertising and/or
directing the public to a business, or merchandise, or service, or
institution, or residential area, or entertainment which is located,
sold, rented, leased, produced, manufactured and/or furnished at a
place other than the real property on which said sign is located.
The primary surface of a sign that carries the identifying/advertising
message.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
A sign which indicates the name, cause or affiliation of
a person seeking public or elected office or on which reference is
made to an issue for which a public election or referendum is scheduled
to be held.
A sign intended to be moved easily and is not designed to
be permanently affixed into the ground or to a structure.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A- or T-frames; sandwich board signs; balloons
used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way,
unless vehicle is used in the normal day-to-day operations of the
business.
Any sign that is projecting perpendicularly from the facade
of a building more than 12 inches from the face of the wall.
A sign, which reproduces a remote image, by optical or any
other means, on any surface.
Signs in connection with the identification, operation or
protection of any public utility, on the same lot therewith, provided
that the total sign area on any one street frontage does not exceed
eight square feet.
A freestanding sign in excess of eight feet in height that
is detached from a building and is supported by one or more structural
elements which are architecturally similar to the design of the sign.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirements
of this chapter.
Any sign used to identify the name of a residential development
containing no commercial message and located at the principle entrances
of such development.
A sign erected on or attached to a roof or a sign attached
to a building that projects above the highest point on a wall that
supports the roofline.
Public safety sign pursuant to federal, state, or local public
safety regulations.
A name, identification, description, display, illustration
or device which is affixed or represented directly or indirectly upon
a building, structure or land and which functions as an accessory
use by directing attention to a product, place, activity, person,
institution, or business. The following terms and definitions are
associated with the sign regulations contained in this chapter.
The support on which a sign face stand.
The area or display surface, including the advertising surface
and any framing, trim, or molding, used for the message on a single
plane.
Any writing, printing, painting, display emblem, drawing,
graphic, electronic display, computerized display or other device
designed to be viewed by the public, designed and intended for advertising,
and the structure supporting the display.
A sign indicating that the premises is in the process of
being subdivided and/or developed for the future construction of dwellings
or other buildings before any actual construction activity has begun.
A string or strip of miniature or full-size pennants or flags
which may or may not be suspended between two points.
A sign which is suspended from a structure above into a vehicular
or pedestrian accessway, more than one foot from the surface on which
it is mounted, and is mounted usually, but not always, at right angles
to the building.
Any sign, banner, valance or advertising display constructed
of cloth, canvas, light fabric, cardboard, wallboard or other light
material, with or without frame, displayed for a period not exceeding
31 days. Temporary signs shall be permitted to advertise grand openings,
distress sales, change in ownership; or temporary businesses which
have been approved by the Planning Commission, Borough Council or
Zoning Hearing Board.
A sign which indicates changing time and/or temperature.
A sign regulating traffic.
Any sign painted, attached to, or affixed to a building or
structure, attached flat against the wall surface, in such a way that
only one face of a sign is visible.
Any sign, picture, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service that is temporarily affixed inside a window
or upon the windowpanes or glass and is visible from the exterior
of the window.
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of the lot(s) or structure, or a cessation
of the use of the lot or structure by the owner with the intention
of neither transferring rights of the lot or structure to another
owner or of resuming the use of the lot or structure.
Having a common border with or being separated from such
common border by an alley or easement.
A means of approach or entry to or exit from a lot, a site
or a parcel.
A process of adapting old structures for new purposes.
Within proximity to or sharing a common boundary.
A public thoroughfare not intended for general traffic circulation
which may afford a secondary means for lot access.
Any change in a structure that increases or diminishes exterior
dimensions or modifies openings in the exterior walls.
A refinement to this chapter which includes revisions to
the zoning text and/or the Zone Map by resolution of the Borough Council.[1]
Any building, tower or structure used for the purpose of
supporting an antenna.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as satellite earth stations,
tapered rolling strip antennas (TAROS) and satellite microwave antennas.
A landowner and/or developer, contractor or third party,
including his heirs, successors and assigns, who has filed an application
with the Borough.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including but not limited to an application for zoning approval or
for the approval of a plan within an overlay. Every application for
development must include the form designated by the Zoning Officer,
the appropriate site plan and all other information required by this
chapter.
APPLICATION, FINALThe application for final approval of a development to be submitted by a landowner and/or developer to the Borough.
APPLICATION FOR FINAL APPROVALThe application for development for final approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.
APPLICATION FOR TENTATIVE APPROVALThe application for development for tentative approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.
APPLICATION, PRELIMINARYThe preliminary application of a development to be submitted by a landowner and/or developer to the Borough.
The ultimate approval of a planned development by Council
which follows tentative approval and filing of the final development
plan.
The visible, functional or ornamental objects accessory to
and part of a structure.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
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 purpose of
height measurements unless 1/2 or more of its height is above the
finished lot grade level.
A bank of earth generally intended to screen activity on
a lot from activity on an adjacent lot(s) or vice versa or public
way.
Any body granted jurisdiction under the Pennsylvania Municipalities
Planning Code or a land use ordinance which has the authority to render
final adjudications.
Borough of Millvale, Allegheny County, Pennsylvania.
The governing body of the Borough of Millvale, Allegheny
County, Pennsylvania.
The duly appointed Borough official designated to administer
the regulations, programs and services of the Borough of Millvale.
A line which may or may not follow a visible feature that
defines the limits of a geographic entity such as a block, a block
numbering area, a census tract, a county, a municipality, a lot, a
district, a property or a place.
An area of land together with trees, grass, ground cover,
shrubs, bushes, or other natural landscaping material, walls, berms
or fences thereon, located between different land uses to minimize
potential conflicts between them.
Any fully enclosed structure having a roof intended for the
shelter, housing or enclosure of persons, animals, equipment or belongings
and not including heating, ventilating, and air conditioning (HVAC),
mechanical equipment, electrical equipment or trash.
The portion of the lot area covered by the sum of all building
footprint(s) on the lot; building coverage shall be measured as a
percentage of the total lot area.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
following points:
 |
A place for short- or long-term storage, collection and/or
distribution of heavy equipment, machinery or materials used in construction,
farming or industrial operations.
A document issued by the Borough which allows construction
to proceed.
The building housing the principal use of the lot on which
it is located.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Borough and that is either the principal structure or
an accessory structure on a recorded lot. This system also includes
any solar-based architectural elements.
The smallest basic solar electric device which generates
electricity when exposed to light.[2]
Having a common boundary or abutting.
Allegheny County, Pennsylvania.
A unit for measuring the relative intensity of sounds based
on an expressed a ratio of two amounts of acoustic signal power equal
to 10 times the common logarithm of this ratio.
The measurement of compactness of residential development
as to the number of dwelling units per one acre or 43,560 square feet.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who proposes, makes, or causes to be
made a subdivision of land or land development.
Any man-made change to an improved or unimproved lot including,
but not limited to, buildings or other structures, filling, grading,
paving, excavation, mining, dredging or drilling operations and the
subdivision of land or land development.
"Handicapped" as defined according to the Fair Housing Act
Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments
thereto.[4]
Grading, excavation, construction and similar activities
that have occurred or may occur on a lot.
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.
The outermost edge of a roof including eaves, overhangs and
gutters.
A vehicular connection from a lot to the public right-of-way.
A driveway terminates at the right-of-way line and/or the access drive.
Authorization by a lot owner of the use by another and for
a specified purpose of any designated part of his lot.
A condition that:
An individual licensed and registered to engage in the practice
of engineering. A professional engineer may not practice land surveying
unless licensed as set forth in P.L. 534, No. 230; however, a professional
engineer may perform engineering land surveys.
A licensed and registered professional engineer in Pennsylvania
designated by the Borough to perform the duties of engineer as herein
specified.
Anything built, constructed, reconstructed or moved on or
upon any lot.
The exterior walls of a building that can be seen by the
public.
An individual, or two or more persons related by blood, marriage,
or adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit or not more
than five persons living together in a group living arrangements with
supervision, provided that the group living arrangements meets all
of the following criteria:
It provides nonroutine support services, including supervision,
personal care, social or counseling services and transportation, to
persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution, because of a physical
disability, old age, mental disability, or other handicap or disability
as defined by the Fair Housing Act and the Americans With Disabilities
Act;
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life;
Does not involve the housing of persons on a nonpermanent basis;
Does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court agency to be a danger to
society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of correction or similar institution;
"Family" shall not include persons living together in a group
facility, boarding house, care facility or the like as defined herein
or any other supervised group living arrangement for persons not protected
by the Fair Housing Act or the Americans With Disabilities Act or
any persons who constitute a direct threat to others or their physical
lot.
Federal Communications Commission.
An artificially constructed barrier of specified material
or combination of materials erected to enclose or screen areas of
land or portions of buildings or structures.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported, or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. "Fill"
also can refer to the difference in elevation between a point on the
original ground and a designated point of higher elevation on the
final grade.
Drawings submitted for final approval of a planned development.
The sum of the gross horizontal areas of all of the floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas but including the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
A unit used to measure the amount of light falling on a surface
at a point on a surface which is one foot from, and perpendicular
to, a source of illumination that produces one uniform candela.
The line of that facade of the primary building that is closest
and parallel to the front lot line.
A building or structure part thereof, used or intended to
be used for the parking and storage of motor vehicles.
GARAGE, PRIVATEAn accessory use which is attached to or an integral part of a residential building or dwelling unit or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit and in which no occupation, business or service for profit is carried on. A private garage may be used for the storage of not more than one commercial vehicle owned or used by the owner or tenant of the residential building or dwelling unit and for the storage of not more than three private noncommercial vehicles owned or used by persons other than owner or tenant of the residential building or dwelling unit.
GARAGE, PUBLICAny building used for temporary parking of motor vehicles for an established fee or reservation and where said garage is not associated with other automotive retail uses.
The Borough Council of Millvale Borough, Allegheny County,
Pennsylvania.
See "post office," "emergency services," "municipal buildings."
The elevation of the center line of the streets, as officially
established by the Borough.
The proposed or completed elevations of the land surface,
including the surfaces of lawns, walks, and roads brought to grades
as shown on official plans or designs relating thereto.
The floor of a building nearest in elevation to the exterior
grade at the front of the building.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
The area of a building for living, sleeping, eating or cooking
and comfort facilities.
An artificially constructed barrier of naturally vegetated
plant material installed to enclose or screen areas of land uses,
buildings, structures, parking areas, private outdoor areas such as
lawns and decks and/or storage areas.
Equipment used to heat, cool or ventilate a structure.
Pavement designed to prevent percolation or infiltration
of stormwater through the surface into the soil below where the water
is naturally filtered and pollutants are removed.
A surface area that prevents or retards the infiltration
of water into the soil and/or a hard surface area that causes water
to run off the surface of the ground in greater quantities or at an
increased rate of flow from the conditions prior to development, construction,
building or installation.
The portion of the lot area covered by impervious surfaces;
impervious surface coverage shall be measured as a percentage of the
total lot area.
Those physical additions, installations, and changes required
to render land suitable for the use intended, including but not limited
to grading, swales, detention/retention basins, paving, curbing, streetlights
and signs, fire hydrants, water mains, electric service, gas service,
sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts,
and street shade trees.
Development of vacant or remnant lands within an existing
neighborhood.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1,000 kW is equal to one megawatt (MW).
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
Subdivision of land;
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three dwelling
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing primary building; or
The addition or conversion of buildings or rides within the
confines of a business establishment which would be considered an
amusement park. For the purposes of this subsection, an "amusement
park" is defined as a tract or area used principally as a location
for permanent amusement structures or rides. This exclusion shall
not apply to newly acquired acreage by an amusement park until initial
plans for the expanded area have been approved by the proper authorities.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee, if he
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of landscape
architecture.
An on- or off-street area for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, not including any part of
a public right-of-way, and to be used, developed or built upon as
a unit. A site or parcel may include more than one lot, but a lot
cannot include more than one site.
LOT AREAThe total area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.
LOT, BUILDABLE AREA OFThat lot area in which the principal structure may be located and which is bounded by the front, rear and side building lines of the lot.
LOT, CORNERA lot situated at and abutting the intersection of two or more streets. A corner lot has neither a rear yard nor a rear lot line.
LOT COVERAGEThe percentage of the total area of a lot or lots occupied by buildings/structures but not including any permanently uncovered paved areas, porches, patios or steps.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.
LOT, INTERIORA lot other than a corner lot with only one frontage on a street.
LOT LINEA line that bounds a lot.
LOT LINE, FRONTThat lot line which extends along a private or public street.
LOT LINE, REARThat lot line which is most distant from and is most nearly parallel to the front lot line, except for corner lots and three-sided lots, which have no rear lot line.
LOT LINE, SIDEThe lot line which is not a front lot line or rear lot line.
LOT, THROUGHA double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.
LOT WIDTHThe distance between the side lot lines measured along the front building line of the lot.
A lot consisting entirely of a tract of land that:
Has less than the prescribed minimum lot size, width, depth,
or any combination thereof, for the district in which it is located.
Is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot such size, width, depth, or any combination thereof,
at such location would not have been prohibited by any Zoning Ordinance.
Has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable Zoning Ordinance.
Notice given by a municipality by first class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
A module is the smallest protected assembly of interconnected
PV cells.[5]
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
A facility, not associated with a business establishment,
whose roof and sides are made largely of glass or other transparent
or translucent material and in which the temperature and humidity
can be regulated for the cultivation of delicate or out-of-season
plants.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of the
Zoning Ordinance of Millvale Borough or amendment heretofore or hereafter
enacted, where such structure lawfully existed prior to the enactment
of such ordinance or amendment or prior to the application of such
ordinance or amendment to its location by reason of annexation. Such
nonconforming structures include, but are not limited to, nonconforming
signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of the Zoning Ordinance of Millvale
Borough or amendment heretofore or hereafter enacted, where such use
was lawfully in existence prior to the enactment of such ordinance
or amendment, or prior to the application of such ordinance or amendment
to its location by reason of annexation.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument, or any other
written, visual media or printed matter which depicts or describes
in a patently offensive manner sexual conduct, sexual excitement or
sadomasochistic abuse or (in the case of articles or instruments)
is designed or intended for use in achieving artificial sexual stimulation;
and taken as a whole, appeals to the prurient interest; and taken
as a whole, does not have serious literary, artistic, political or
scientific value.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
The physical possession upon, on or within any lot or structure
for a use.
A certificate issued by the Zoning Officer, that the construction
and use for which the permit applies, may be occupied.
Not transparent or translucent; impenetrable to light; not
allowing light to pass through.
A structure greater than 100 square feet clearly subordinate
to and on the same lot as the primary building and used exclusively
for purposes constituting an additional use, including, but not limited
to, private garages, dwellings, gazebos, utility sheds, greenhouses
and excluding signs, communication towers, communication facilities,
telecommunications equipment buildings, co-location/shared-use communication
facilities and power-mounted/shared-use communication facilities.
The person or persons having the right of legal title to,
beneficial interest in or a contractual right to purchase a lot or
parcel.
Any designated piece or tract of land located in the Borough
established by a plat or otherwise as permitted by law.
A common wall between two attached structures, buildings
or dwelling units.
Development which is designed with a primary emphasis on
the street sidewalk and on pedestrian access to the site and building,
rather than on vehicle access and parking areas.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended,[6] which is an act that empowers municipalities to plan their
growth and development as well as to govern the same by zoning, subdivision
and land development ordinances, by official maps, to promote conservation
of energy; to establish Planning Commissions [Agencies], Planning
Departments and Zoning Hearing Boards.
An individual(s), partnership(s), copartnership(s), association(s),
corporation(s), limited liability company(ies), limited liability
partnership(s), and any and all other entities.
A semiconductor based device that converts light directly
into electricity.
A planning commission, planning department, or a planning
committee designated by Borough Council of Millvale Borough, in accordance
with the Pennsylvania Municipalities Planning Code, Act 247, as amended,
and the Millvale Borough Code, as applicable.
The map or plan of a subdivision or land development, whether
preliminary or final.
PLAT, FINALThe final map of the land development or subdivision that is submitted for community approval and which, if approved, is filed with the County Recorder of Deeds.
PLAT, PRELIMINARYA preliminary map of the proposed land development or subdivision that is submitted for Borough consideration.
A building or structure on a lot containing the primary use.
Not publicly owned, operated, or controlled.
A formal meeting held pursuant to public notice by the Borough
Council, Zoning Hearing Board or Planning Agency, intended to inform
and obtain public comment, prior to taking action in accordance with
the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A forum held pursuant to notice under the Act of July 3,
1986 (P. L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The act of improving by renewing and restoring; the act or
process of rehabilitating or rejuvenating a blighted area or accommodating
new development within the context of existing streets and buildings.
The act of removing an existing building/structure and constructing
a new building/structure.
An area of land that is legally described for the public
or private provision of access.
The top ridge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette.
The line extending the full width of the lot and situated
at the minimum dimension defined from a front lot line.
The line extending the full width of the lot and situated
at the minimum dimension defined from a rear lot line.
The minimum distance from a lot line required by the chapter
where a building or structure may be built.
A legal agreement between two parties providing leased parking
spaces to satisfy the provision of off street parking spaces required
by this chapter. A shared parking agreement shall specify the quantity
of spaces, location, lease terms and uses to be served by the off-site
parking spaces, as well as any other mutually agreed to term requirements
and signatures.
The line extending the full width of the lot and situated
at the minimum dimension defined from a side lot line.
A parcel of land located in the Borough, established by a
plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
The total area of the lot or lots comprising a site.
A plan prepared in by a registered surveyor, engineer, landscape
architect or architect for a use authorized by right which contains
the following or as otherwise defined by the requirements of Allegheny
County:
Name of applicant and landowner;
Name of development, if any;
Evidence of preparation by a licensed architect, landscape architect
or engineer;
Graphic and written scale;
North arrow;
Dates of preparation and revision of site plan;
A site location map;
A site plan drawn to no greater than one-hundred-foot scale
upon which is delineated and clearly identified the location, extent
and area in acres, if applicable, of the following:
Property lines for the site and adjacent parcels;
Site area;
Proposed buffer yards;
Location and dimensions of existing and proposed public and
private roads, streets, driveways, walks and paths;
Existing and proposed structures with proposed site density
and approximate height of structures indicated for each proposed type
of structure and use;
Proposed location and dimensions of all yards and open spaces;
Existing contours and proposed grading plan;
General proposals for the disposition of stormwater runoff;
Proposals for the disposition of sanitary wastes and the provision
of water supplies;
All applicable areas or uses regulated or mandated by this chapter,
including but not limited to off-street parking, exterior lighting,
signs and outdoor storage.
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and do not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV-related
equipment.
A use permitted in a particular zoning district by the Borough Council upon satisfaction of all criteria enumerated in Article III of this chapter and pursuant to the provisions associated with conditional use in Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.[7]
An uncovered approach less than 25 square feet in area or,
if a covered approach, no posts are included in supporting such cover.
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it. A basement shall be counted as a story when more than
1/2 of such basement height is above the finished grade level.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways, whether public or private,
used or intended to be used by vehicular traffic or pedestrians.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The right-of-way line of a street.
A general reference as to how and where the parts of buildings
that face the street line up to define the perceived boundaries of
public and private space.
The distance between street lines measured at right angles
to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development.
Subdivision includes resubdivision and condominium creation or conversion
or any lot line change(s).[8]
A structure without any foundation or footings and, which
by the type and materials of its construction, is not permanent in
nature.
A parcel used for a centralized storage of trucks or where
trucks are congregated at a warehouse or other loading facility to
load and unload products.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
The degree to which something is transparent.
The condition/state of being clear, unobstructed by signage,
interior graphic elements, reflective coating, translucent or textured
finish, racking or any type of fixed furniture that can be seen through
from both the interior and exterior of the structure.
Any lot or portion of a lot which has not been graded, improved
or prepared for the construction of a building, structure or improvement.
Area not within a building and not in a defined setback or
yard area.
An activity, business or purpose for which any lot or structure
is utilized.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use of the lot.
USE, AUTHORIZEDAny principal use or accessory use allowed by this chapter as a permitted use by right, conditional use, use by planned development or use by special exception.
USE BY SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria.
USE, CONDITIONALAn authorized use which may be granted only by Council pursuant to express standards and criteria after recommendation by the Planning Commission and after a public hearing held in accordance with the requirements of this chapter.
USE, NONCONFORMINGA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
USE PERMITTED BY RIGHTAn authorized use which, upon an application for development, may be granted by the Zoning Officer in accordance with the provisions of this chapter.
USE, PRINCIPALThe main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.
USE, TEMPORARYA use requiring utilities, established for more than seven but less than 100 consecutive days with the intent to discontinue upon the expiration of a specified time period.
Relief granted by the Zoning Hearing Board from requirements
of this chapter and as authorized by the Pennsylvania Municipalities
Planning Code.[9]
The portion of a lot between the primary building/structure
and the lot line. Where the configuration of a primary building/structure
or a lot make it difficult to discern the location of yards, the Zoning
Officer shall establish such yards at his/her sole discretion.
FRONT YARDThe space extending the full width of the lot and situated between the front lot line and the front of the primary building/structure.
REAR YARDThe space extending the full width of the lot and located between the rear lot line and the rear of the primary building/structure.
SIDE YARDThe space located between the side lot line and the side of the primary building/structure and extending from the front yard to the rear yard.
A geographical area with boundaries that includes surface
areas as indicated on the Zone Map.
Approval under the provisions of this chapter certifying
that an application for development or application for occupancy permit
has fulfilled the requirements of this chapter.
The Borough Zoning Hearing Board appointed by the Borough
Council in accordance with the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[10]
The Official Map of the Borough that indicates the districts
and other relevant information thereon and shall be a part of this
chapter by reference.
The duly appointed Borough official designated to administer
and enforce this chapter.
[1]
Editor's Note: The former definitions of "antenna" and "antenna
height," which immediately followed this definition, were repealed 9-13-2022 by Ord. No. 2811.
[2]
Editor's Note: The former definition of "co-location" which
immediately followed this definition, was repealed 9-13-2022 by Ord. No. 2811.
[3]
Editor's Note: See 53 P.S. § 10301 et seq.
[4]
Editor's Note: The former definition of "distributed antenna
systems (DAS)," which immediately followed this definition, was repealed 9-13-2022 by Ord. No. 2811.
[5]
Editor's Note: The former definition of "monopole," which
immediately followed this definition, was repealed 9-13-2022 by Ord. No. 2811.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: The former definition of "stealth technology,"
which immediately followed this definition, was repealed 9-13-2022 by Ord. No. 2811.
[8]
Editor's Note: The former definition of "substantially change,"
which immediately followed this definition, was repealed 9-13-2022 by Ord. No. 2811.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[Added 9-13-2022 by Ord. No. 2811]
As used in § 312-20N of this chapter, the following terms shall have the meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
Wireless communications facilities that are attached to existing
structures, such as, but not limited to buildings, water towers, electrical
transmission towers, utility poles, light poles, traffic signal poles,
flagpoles and other similar structures that do not require the installation
of a new or replacement wireless support structure.
Any request for modification of an existing WCF that does
not substantially change the physical dimensions of such WCF, involving:
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
The area on, below or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property. The term does
not include a federal interstate highway.
A wireless communications facility that meets the following
qualifications:
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
By virtue of engineering or spectrum usage, the proposed
placement for a wireless communications facility or its design or
site location can be implemented without a material reduction in the
functionality of the wireless communications facility.
Any new or replacement wireless support structure that is
used for the purpose of supporting one or more antennas, including,
but not limited to, self-supporting lattice towers, guy towers and
monopoles, and the accompanying antenna and accessory equipment.
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
A freestanding structure that could support the placement
or installation of a wireless communications facility if approved
by the Borough, regardless of whether such structure currently supports
a WCF.
