[Amended 5-19-1977 by Ord. No. 361; 3-20-1978 by Ord. No. 389; 9-17-1979 by Ord. No. 410, 6-16-1980 by Ord. No. 421; 1-17-1983 by Ord. No. 437; 12-19-1983 by Ord. No. 443; 2-20-1984 by Ord. No. 445; 5-21-1984 by Ord. No. 446; 10-15-1984 by Ord. No. 450; 2-16-1987 by Ord. No. 468; 11-21-1988 by Ord. No. 488; 9-19-1989 by Ord. No. 500; 12-18-1989 by Ord. No. 503; 8-20-1990 by Ord. No. 511 6-17-1991 by Ord. No. 521; 4-20-1992 by Ord. No. 529; 5-18-1992 by Ord. No. 530; 4-19-1993 by Ord. No. 539; 4-18-1994 by Ord. No. 549; 4-17-1995 by Ord. No. 566; 12-18-1995 by Ord. No. 574]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Part 1 to have the meanings herein indicated. The singular shall include the plural, and the plural shall include the singular. The present tense shall include the future tense. The word "used" shall be deemed to include the words "arranged, designed or intended to be used." The word "may" is permissive. The word "shall" is mandatory. All definitions of terms contained in Chapter 375, Stormwater Management, are incorporated herein and made a part hereof by reference.
A building or structure subordinate to the main building on a lot and used for purposes customary and incidental to those of the main building. An accessory building shall be subject to the requirements of § 400-34 hereof.
A use subordinate to the main use of land or of a building and customary and incidental thereto, including but not limited to the use of a building as a private garage. An occupation carried on in a residential zone must meet the definition of "no-impact home-based business" to be permitted as an accessory use. An accessory use shall be subject to the requirements of § 400-34 hereof.
[Amended 4-16-2018 by Ord. No. 705]
The Pennsylvania Oil and Gas Act, Title 58 of the Pennsylvania
Consolidated Statutes, as amended.
[Added 7-16-2018 by Ord.
No. 706]
Any board, wall, fence, screen or other device or structure
in the nature thereof used or employed for the posting, painting or
affixing thereon of advertising matter.
[Added 4-16-2018 by Ord.
No. 705]
The Borough of Fox Chapel.
[Added 4-16-2018 by Ord.
No. 705]
The Comprehensive Development Plan for the Borough of Fox
Chapel, dated July 1987, and prepared by the Fox Chapel Planning Commission,
which plan was received by Borough Council, as said plan may be amended,
revised or superseded from time to time.
[Amended 4-16-2018 by Ord. No. 705]
A roofed structure for the shelter, housing or enclosure
of persons or property; the term shall include all inflatable enclosures
of ground space and any other similar or domed structure.
A line through a lot, parallel to the street line, and situated
at a distance from said street line equal to the distance shown on
the subdivision plan, as approved, or the minimum setback distance
for the district concerned, whichever is greater.
A parcel or parcels of land or water, or a combination of
land and water, within a development site and designated and intended
for the use or enjoyment of residents of a development or the Borough,
not including streets, off-street parking areas and areas set aside
for public facilities.
An enclosure for confining horses consisting of either a
wooden or wire fence.
The governing body of the Borough of Fox Chapel.
The diameter of a tree at breast height, usually measured
4.5 feet from the ground surface.
[Amended 4-16-2018 by Ord. No. 705]
To convey or a conveyance, in fee simple, free of liens,
encumbrances, easements, rights-of-way, severances of minerals and
other clouds on title, by deed of general warranty to the Borough
of Fox Chapel, provided that Council may, if it determines such action
to be in the best interest of the Borough, waive this requirement
wholly or in part.
The subdivision of land into single-family lots smaller than
that normally permitted in the applicable zoning district or districts,
when authorized as a conditional use.
The total number of dwelling units per acre, computed by
dividing the total number of proposed dwelling units by the total
number of acres in the tract exclusive of existing street rights-of-way.
The total number of dwelling units of a given type per developed
acre, computed by dividing the total number of a given type of dwelling
unit within the area in which they are located by the number of acres
so developed, including surrounding yard spaces and parking areas,
but excluding adjacent common open space and interior streets.
Any landowner, agent of such landowner, tenant with the permission
of such landowner, or holder of an option to purchase land, who proposes,
makes or causes to be made a subdivision of land or a land development.
The provisions for development. including a planned residential
development, a plat of subdivision, all covenants and provisions relating
to use, location and bulk of structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space, incidental recreational facilities and public facilities. The
phrase "provisions of the development plan," when used in this Part
1, shall mean the written and graphic materials referred to in this
definition.
Where distance in reference to a structure is specified in
this Part 1, it shall be measured from the outermost projection of
the structure, including bay windows, sun parlors, sun porches, open
and terraced porches, dormers, second-floor projections, cornices,
eaves, gutters, chimneys and solid entrances; and none of the foregoing
shall be constructed or maintained nearer to the specified street,
public highway, or lot line than is herein provided for.
The total number of acres of a density development or planned
residential development divided by the minimum single-family lot size
normally required in the zoning district in which that density development
or planned residential development is located. If a density development
or planned residential development is located in more than one zoning
district, its district dwellings are the sum of the results of dividing
the number of acres of that density development or planned residential
development located in each zoning district by the minimum single-family
lot size normally required in that district.
A building, or portion thereof, but not a mobile home or
trailer, designed or used exclusively for residential occupancy by
one family.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, for occupancy by only one family
(including any domestic servants living or employed on the premises),
with no enclosed space (other than vestibules, entrances or other
hallways or porches) in common with any other dwelling unit. Dwelling
units may be contained in the following structures:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside accesses, and open space on all sides, not connected to any other dwelling unit by foundation, connecting wall, or any other structure (except a shared driveway).
MULTIFAMILYA building containing two or more dwelling units, including two-family dwellings, four-family dwellings (fourplex, quadriplex), townhouses, and apartment buildings.
TWINA building containing two dwelling units, each from ground to roof connected by a vertical party wall, common foundation, connecting wall or other structure (except a shared driveway), and each having independent outside access and open space on three sides.
DUPLEXA building containing two dwelling units, one above the other, separated by a horizontal party wall, each of which has independent outside access and open space on all sides.
FOUR-FAMILY DWELLING (fourplex, quadriplex)A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units and open space on two nonparallel sides.
TOWNHOUSEA building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjacent units, and open spaces to the front and rear (internal units) or front, rear and one side (end units).
APARTMENTA building containing three or more dwelling units separated by party walls, having more than one dwelling unit from ground to roof with common outside access and hallways. Apartment will also include a personal-care home.
Other generally accepted structural types.
One or more persons related by blood, adoption or marriage,
or two persons not so related, or the minimum number of disabled persons
not so related necessary to allow the disabled persons to live in
a residential neighborhood (provided that the minimum number of disabled
persons does not impose undue financial or administrative burdens
or an undue hardship upon the Borough or require a fundamental alteration
in the nature of the Borough's zoning), living and cooking together
as a single housekeeping unit, exclusive of household employees.
[Amended 8-20-2012 by Ord. No. 686]
A parcel of land not less than 10 acres in size, at least
1/3 of the area of which is devoted to raising crops. A single-family
dwelling and customary accessory buildings may be included. The keeping
or breeding of cattle, sheep, goats, hogs or poultry shall not be
construed to be a permitted use on a farm.
The Borough of Fox Chapel Floodplain Management Ordinance (Chapter 350 of the Code of the Borough of Fox Chapel).
A building, or part of a building, used for the storage of
one or more automobiles and other motor vehicles, which is accessory
to the principal use of the lot where it is situated. A garage conducted
as a business in and of itself, not accessory to a permitted use,
is not included.
The Borough of Fox Chapel Grounds Maintenance Guide, dated
August 1973.
The vertical distance measured from the mean level of the
finished grade, measured around the perimeter of the building, to
the highest point of the roof adjacent to the street wall for flat
roofs, to the deckline of mansard roofs, and to the mean height between
eaves and ridges for gable, gambrel and hip roofs, and to the highest
point of any other type of roof; provided that chimneys, spires and
similar projections of the building shall not be included in calculating
the height. (See illustration.)
Application of Height Regulations to Different Types of
Roofs
|
General definitions. An occupation carried on in a residential
dwelling by a resident thereof, which is a customary and accessory
use.
Specific uses. Permitted home occupations, provided they comply with the regulations listed in Subsection D of this definition, shall include, but not be limited to, the professions of architect, artist, clergyman, engineer, doctor, lawyer, musician, writer and teacher giving instruction to not more than two pupils at any one time.
Specific prohibitions.
The following uses will not be considered home occupations and
cannot be carried on as a home occupation:
Band instrument instruction in groups.
Real estate offices.
Offices for insurance agents or brokers.
Beauty shops.
Automobile (and other vehicles, including boats) inspections
or repairs.
Bakeries.
Day care.
Landscaping.
Boarding or breeding kennels.
Convalescent homes.
This list of prohibitions is not intended to be an exclusive
list of all uses which are not considered home occupations hereunder.
Definitional controls. In order to be considered a home occupation,
the use must comply with the following:
The use shall not require internal or external alteration or
construction of features not customary and accessory in dwellings
and shall be clearly incidental to the primary use of the premises
for residential purpose.
No traffic shall be generated by such home occupation in greater
volumes than would be normal and typical in a residential neighborhood.
Any parking required by the conduct of such home occupation
shall be off the street and shall be limited to a total of four outside
spaces.
No portion of home occupation use may be carried on outside
of the dwelling house.
No outside storage of materials is permitted.
Excessive noise and odors are not permitted.
No wholesale or retail transactions are permitted, other than
sales of articles which are actually produced on the premises. For
the purpose of this subsection, "wholesale or retail transaction"
does not include:
The maximum number of persons who carry on or are employed in
the home occupation may be no more than three (including those of
the residents who are so employed).
The maximum number of business visitors at any one time may be no more than eight, except for transactions described in Subsection D(8)(b).
Registration. All persons conducting home occupations, whether such home occupation is currently existing or not, shall register with the Zoning Officer on forms supplied by the Borough. Such forms shall include the nature of the occupation and other information which the Zoning Officer shall reasonably request, including information demonstrating compliance with Subsection D of this definition.
Material which is impenetrable and unable to absorb water,
including but not limited to buildings, structures and paved areas
(driveways, parking lots, etc.).
Hiking, walking, jogging, equestrian or bicycle trails; private stable (subject to § 400-14B); tennis, paddle tennis, basketball, racquetball, squash, volleyball, shuffleboard and badminton courts; baseball, football and rugby fields; swimming pool and related bathhouse; sunning deck; putting, bowling and croquet greens; and accessory facilities, of which the location, orientation, arrangement and design are those listed in DeChiara, Joseph, and Koppelman, Lee E., Site Planning Standards, McGraw Hill, 1978, or Handbook of Landscape Architectural Construction, Landscape Architecture Foundation, 1976.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure;
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The area of land included within the title lines of a lot, except that area with the title lines set aside as the right-of-way of a road or lane (as such terms are defined in Chapter 380, Subdivision and Land Development).
Any movable dwelling constructed so as to permit it being
towed or driven on its own chassis and undercarriage.
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:
[Added 4-16-2018 by Ord.
No. 705]
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 family 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.
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 volume 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.
Any institutional building used for the inpatient care of
persons requiring full-time, intermediate or skilled nursing care
within the context of a planned program of care and administrative
management and/or nursing care and related medical or other health
services, but not requiring hospitalization.
Includes:
[Added 7-16-2018 by Ord.
No. 706]
Well location assessments (including seismic operations and
related activities conducted in accordance with all applicable federal
and state laws and regulations relating to the storage and use of
explosives), well site preparation, construction, drilling, hydraulic
fracturing and site restoration associated with an oil or gas well
of any depth;
Construction, installation, use, maintenance and repair of oil
and gas pipelines;
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations the edge of which area may not be closer
than 300 feet from any existing building;
Oil and gas wells where the wellhead is at least 500 feet from
any existing building and the well pad and all other oil and gas operations
(other than pipelines, access roads and security facilities) are at
least 300 feet from any existing building;
Construction, installation, use, maintenance and repair of all
equipment directly associated with activities associated with the
activities specified in this definition to the extent that:
Impoundment areas;
Compressor stations; and
Processing plants.
Either the legal or beneficial owner of property, including
a lessee who is authorized to exercise the rights of an owner with
respect to the subject matter of this part.
[Added 4-16-2018 by Ord.
No. 705]
A space adequate for parking an automobile with room for
opening doors on both sides, but in no case measuring less than nine
feet six inches by 18 feet, together with maneuvering room and properly
related access to a public street or alley.
[Amended 4-16-2018 by Ord. No. 705]
Any property owned by the Borough of Fox Chapel which has
been officially designated by Borough Council as parkland or has been
restricted for use as parkland in the deed of conveyance.
Any premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 consecutive
hours for independently mobile persons of 50 years or more who are
not relatives of the operator and who require assistance or supervision
in such matters as dressing, bathing, diet or medication prescribed
for self-administration but do not require hospitalization or care
in a skilled nursing or intermediate care facility.
A contiguous area within a subdivision or land development
for which approval of a final plat or development plan is applied
or granted at one time and in which all subdivision or land development
is completed at one time.
An area of land controlled by a developer, to be developed
as a single entity for a number of dwellings, the development plan
for which does not correspond in lot size, bulk, type of dwelling,
or use, density or intensity, lot coverage and required open space
to the regulations established in any one district created under the
provisions of this part.
Act 247 of 1968, P.L. 805, effective January 1, 1969, as
amended, the Pennsylvania Municipalities Planning Code.[1]
The Planning Commission of the Borough of Fox Chapel.
One or more lots, parcels, tracts or areas of land located
in the Borough and established by a plat or otherwise permitted by
law.[2]
A geographical area or portion of a tract that is proposed
for planned residential development and which is to be developed in
accordance with a timetable for development that is included as part
of the applicant's development plan.
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located.
Any facility installed to help render the land suitable for
its proposed use, including but not limited to clearing, grading,
paving, street name signs, fire hydrants, water mains, gas mains,
sanitary sewers, storm sewers, sewage disposal facilities, survey
monuments, landscaping, electric and telephone facilities.
A solar photovoltaic panel or solar hot air or water panel
collector device which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat. For
purposes of this Part 1, "solar panels" refers only to solar panels
mounted on a primary, accessory, or other structure or mounted on
the ground. This Part 1 does not cover solar panel systems if the
combined surface area of all panels on a particular parcel of land
is less than four square feet. Other solar energy systems with total
surface area greater than four square feet may be used temporarily
during emergency power outage conditions.
[Added 6-15-2020 by Ord. No. 714; amended 10-17-2022 by Ord. No.
721]
A solar panel which is separate from the roof of a structure
on the property on which it is located; any solar panel which is not
roof-mounted shall be considered ground-mounted for purposes of this
chapter.
[Added 10-17-2022 by Ord. No. 721]
A solar panel which is attached to the roof of a structure
on a property. On pitched roofs, solar panels must be separated by
no more than 12 inches from the surface on which they are mounted,
measured at right angles from that surface, and shall not project
vertically above the peak or below the gutter line or horizontally
beyond the edge of that roof. On flat roofs, solar panels shall not
project vertically more than five feet above the roof and shall not
be visible from a point on an adjacent public right-of-way or property
which point is located within 75 feet of the structure on which the
solar panel is located. Such visibility shall be measured at a level
of five feet from the ground on such right-of-way or property.
[Added 6-15-2020 by Ord.
No. 714; amended 10-17-2022 by Ord. No. 721]
A building or part of a building accessory to a farm or single-family
dwelling for housing horses. A stable conducted as a business in and
of itself, and not as an accessory use, is not included.
One or more sections on which an applicant proposes to commence
development at the same time as part of a timetable for development
of a planned residential development over a period of time.
Any fence, wall or other like divisional construction or
enclosure, which:
Is composed of nongrowing material;
If located between the street line and building line (or on
either line), is four feet or less in height;
If located in any other setback area, is 6Â 1/2 feet in
height or less; and
Does not contain any barbed wire, razor wire, razor ribbon wire,
electrical wire or similar material.
The dividing line between a lot and a public street, road
or lane dedicated to the public or officially plotted by the Borough,
or between a lot and a private street, road or lane, over which the
owners or tenants of two or more lots held in single and separate
ownership have the right-of-way. The terms street, road and lane shall
include the cartway, sidewalk, gutter and right-of-way area of the
street, road or lane.
Any change or alteration of a supporting member of a building
or structure, including bearing walls, columns, beams, girders or
joists.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground, including, but not limited to, tennis courts, other sports
courts, all inflatable enclosures of ground space and fences; provided,
however, that standard fences and a growing hedge, row of trees or
shrubbery to any height shall not be deemed a structure.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership, or building or lot development;
provided, however, that the division of land for agricultural purposes
into parcels of more than 10 acres, not involving any new street or
easement of access or any residential dwelling, shall be exempted.
Ordinance No. 437, approved December 20, 1982, Fox Chapel Code Chapter 380.
Common open space which does not include incidental recreational
facilities or grading or other disturbances incidental to facilities
outside the undisturbed open space area.
A relaxation of the terms of this Part 1, authorized by the Zoning Hearing Board, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Part 1 would result in unnecessary and undue hardship. As used in this Part 1, a variance is authorized only with respect to the height or size of a structure or the dimensions of required yards or setback distances. No variance shall be granted authorizing a use not permitted in the district concerned, except as provided in § 400-9 of this Part 1.
Any facility, including appurtenances thereto, used for the
storage, purification or distribution of potable water, including
but not limited to underground reservoirs, aboveground reservoirs,
elevated storage tanks and standpipes.
