Borough of Sharpsburg, PA ARTICLE XII Definitions

§ 27-1201 Definitions; word usage.

1. 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.

2. As used in this chapter, the following terms shall have the meanings indicated:

ABUTTING

Having a common border with or being separated from such common border by an alley or easement.

ACCESS

A means of approach or entry to or exit from a lot, a site or a parcel.

ACCESSORY EQUIPMENT

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.

[Added 9-22-2022 by Ord. No. 22-05]

ACTIVE GROUND FLOOR

A set of uses that promote an engaging pedestrian experience at the ground floor of a mixed-use, commercial, office, or residential building.

[Added 12-22-2022 by Ord. No. 22-14]

ADJACENT

Within proximity to or sharing a common boundary.

AFFORDABLE HOUSING

Housing affordable to households earning below 60% of area median income (AMI).

[Added 12-22-2022 by Ord. No. 22-14]

ALLEY

A functional service way providing a secondary public means of access to abutting properties.

ALTERATION

Any change in a structure that increases or diminishes exterior dimensions or modifies openings in the exterior walls.

AMENDMENT

A refinement to this chapter which includes revisions to the zoning text and/or the Zone Map by resolution of the Borough Council.

AMUSEMENT ARCADE

Any business establishment where amusement devices are located.

ANIMAL HOSPITAL

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.

ANTENNA

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.

[Added 9-22-2022 by Ord. No. 22-05]

APARTMENT

A building of three or fewer stories containing suite of rooms or a single room in a building with 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.

APPLICANT

A landowner and/or developer who has filed an application for development, including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

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, for the approval of a subdivision or land development, or for the approval of a development plan. 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.

A. APPLICATION, FINAL The application for final approval of a development to be submitted by a landowner and/or developer to the Borough.

B. APPLICATION FOR FINAL APPROVAL The application for development for final approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.

C. APPLICATION FOR TENTATIVE APPROVAL The application for development for tentative approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.

D. APPLICATION, PRELIMINARY The preliminary application of a development to be submitted by a landowner and/or developer to the Borough.

APPROVAL, FINAL

The ultimate approval of a planned development by Council, which follows tentative approval and filing of the final development plan.

APPURTENANCE

The visible, functional or ornamental objects accessory to and part of a structure.

ARTISAN WORKSPACE/SALES

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.

AUTO SALES/SERVICE AND REPAIR

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

AUTO WRECKING/VEHICLE SALVAGE YARD

A lot used for the storage of any scrap material or junk, including without limitation appliances, fixtures, nonworking automobiles, automobile parts, machines or machinery parts, equipment, containers and building materials.

AVERAGE FLOOR AREA

The value created by dividing the floor area of the entire structure by the number of floors/stories in the structure.

BAKERY/CONFECTIONARY

A facility where baked goods are prepared and baked, which may utilize an open flame, and/or commercial grade kitchen.

BANKS AND FINANCIAL INSTITUTIONS

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.

BASEMENT

The space enclosed by the foundation or ground-floor walls of a building partly or wholly below the average level of the adjacent ground. A basement shall not be counted as a story for purpose of height measurements unless 1/2 or more of its height is above the finished lot grade level.

BED-AND-BREAKFAST

Any single-family dwelling in which more than three persons either individually or as families are housed or lodged for remuneration with meals normally included as a part of the services rendered and shall be restricted to transient visitors to the area.

[Amended 12-22-2022 by Ord. No. 22-14]

BERM

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.

BEST MANAGEMENT PRACTICES

Conservation practices or systems of practices and management measures that: (a) control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; (b) minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; and (c) includes allowing proper use and storage of fertilizers/pesticides.

BLOCK

An area bounded by streets, rights-of-way, streams or other similar natural features.

BLOCK BREAK

A publicly accessible, intentionally placed area, whether created by a street, architectural feature, or public space, to segment building massing and allow for increased pedestrian access and/or sightlines. (See Figure 6.)

[Added 12-22-2022 by Ord. No. 22-14]

Figure 6

BLOCK BREAKS

BLOCK FACE

The contiguous facades of buildings along one side of a street between two intersecting streets. A corner lot shall have two block faces.

BOARD

Any body granted jurisdiction under the Pennsylvania Municipalities Planning Code or a land use ordinance, which has the authority to render final adjudications.

BOARDINGHOUSE

A building arranged or used for overnight lodging by three or more persons, but not exceeding 10 persons, with or without meals, for compensation by transient residents arriving upon their own accord and not for the purposes of a sexually-oriented business. Overnight loading occurs in individual sleeping rooms with no cooking facilities. A boardinghouse may include common areas and a common kitchen available for use by residents.

BOROUGH

Borough of Sharpsburg, Allegheny County, Pennsylvania.

BOROUGH COUNCIL

The governing body of the Borough of Sharpsburg, Allegheny County, Pennsylvania.

BOROUGH MANAGER/BOROUGH SECRETARY

The duly appointed Borough official designated to administer the regulations, programs and services of the Borough of Sharpsburg.

BOUNDARY

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.

BREW PUB

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.

BREWERY

A facility that brews ales, beers, meads and/or similar beverages on site.

BUFFER YARD

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.

BUILD TO ZONE

The area between a) the public right-of-way and/or the property boundary line and b) six feet measured perpendicular from the public right-of-way and/or property boundary line.

[Added 12-22-2022 by Ord. No. 22-14]

BUILDING COVERAGE

That percentage of the lot area covered by the buildings. In determining building coverage, cornices, eaves and gutters shall be excluded.

BUILDING FLOOR AREA (BFA)

The sum of the total horizontal areas of all the floors of a building(s) and its accessory buildings on the same development lot, excluding cellars, basement floor areas, and parking, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

[Added 12-22-2022 by Ord. No. 22-14]

BUILDING FLOOR AREA RATIO (FAR)

A calculation used to describe the relationship between development intensity and open space by calculating the building floor area (BFA) of a building relative to the size of the development lot the building occupies. [See Figures 1 to 4 in "gross building floor area ratio (GFAR)."]

[Added 12-22-2022 by Ord. No. 22-14]

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the following points:

BUILDING LENGTH

The longest dimension of a building, measured to the outside walls at ground level.

BUILDING LINE

A line parallel to and a distance from the lot lines in accordance with the requirements of this chapter.

A. BUILDING LINE, FRONT A line parallel to the front lot line at a distance from the front lot line in accordance with the front yard or setback requirements of this chapter.

B. BUILDING LINE, REAR A line parallel to the rear lot line at a distance from the rear lot line in accordance with the rear yard or setback requirements of this chapter.

C. BUILDING LINE, SIDE A line parallel to the side lot line in accordance with the side yard or setback requirements of this chapter.

D. BUILDING MATERIAL YARDS OR ESTABLISHMENTS 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.

BUILDING PERMIT

A document issued by the Borough which allows construction to proceed.

BUILDING, ACCESSORY

A detached, subordinate building, the use of which is clearly incidental to the principal structure or use of the lot.

BUILDING, LANDMARK

Any principal building floor area exceeding 95 feet in height but not exceeding 150 feet.

[Added 12-22-2022 by Ord. No. 22-14]

BUILDING, NONCONFORMING

A lawfully existing building or other structure which contains a conforming use, but which does not comply with the applicable lot size requirements, lot coverage limitations, off-street parking requirements or other requirements related to the characteristics of the structure or its location on the lot, may be continued so long as it remains otherwise lawful.

BUILDING, PRINCIPAL

The building housing the principal use of the lot on which it is located.

BUILDING, STANDARD

Any principal building not exceeding 95 feet in height.

[Added 12-22-2022 by Ord. No. 22-14]

BUILDING-INTEGRATED SYSTEM

A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

CELL

The smallest basic solar electric device which generates electricity when exposed to light.

CIVIC/CULTURAL CENTER

An area developed or to be developed with any of the following public buildings or uses, including offices, libraries, playgrounds, parks, assembly halls, police stations, fire stations.

[Added 12-22-2022 by Ord. No. 22-14]

CLINIC, SMALL-SCALE

A building or structure where two 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 a first-come, first-serve basis and does not take appointments. It has relatively high pedestrian or customer traffic throughout the year. Any facility for methadone treatment, other narcotic or similar treatment programs approved by the Pennsylvania Department of Health shall not be considered a small-scale clinic use.

CLUB/LODGE

A business establishment, other than a sexually-oriented business, operated for social, recreational, educational or fraternal purposes, some serving alcoholic beverages where permitted, but open only to members and their guests.

CO-LOCATE or CO-LOCATION

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.

[Amended 9-22-2022 by Ord. No. 22-05]

CO-LOCATED WIRELESS COMMUNICATIONS FACILITY (CO-LOCATED WCF)

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, flag-poles and other similar structures that do not require the installation of a new or replacement wireless support structure.

[Added 9-22-2022 by Ord. No. 22-05]

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a development site designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of wireless communications facilities.

[Added 9-22-2022 by Ord. No. 22-05]

COMMUNITY CENTER

A building where activity for the benefit of the general public occurs, with meeting rooms and/or accessory fitness facilities.

COMPREHENSIVE PLAN

The official Comprehensive Plan of Sharpsburg Borough, as amended from time to time, adopted pursuant to the provisions of Article III of the Pennsylvania Municipalities Planning Code.

CONDOMINIUM

A multifamily dwelling where each dwelling unit in the structure is individually owned and the owner of each unit has an undivided interest in the common elements and facilities of the structures and surrounding grounds.

CONFERENCE/LEARNING CENTER

A facility designed to accommodate groups of individuals and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

[Added 12-22-2022 by Ord. No. 22-14]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, structural alteration or relocation of a structure, including the placement of mobile homes.

CONTERMINOUS

Having a common boundary or abutting.

CONVENIENCE STORE

A general merchandise and grocery store usually with less than 3,000 square feet of gross floor area and open for business for extended hours.

COUNCIL

The Borough Council of the Borough of Sharpsburg.

COUNTY

Allegheny County, Pennsylvania.

COVERAGE

A percentage figure referring to that portion of a lot covered only with principal and accessory buildings.

DECIBEL

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.

DENSITY

The measurement of compactness of residential development as to the number of dwelling units per one acre or 43,560 square feet.

DEVELOPER

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.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings; any use or change in use of any buildings or land or extension of any use of land for which permission may be required pursuant to this chapter.

DEVELOPMENT LOT LINE

Any boundary line of a development lot.

[Added 12-22-2022 by Ord. No. 22-14]

DEVELOPMENT PLAN

The provisions for development, including a planned development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

A. DEVELOPMENT PLAN, FINAL A development plan which has been submitted for final approval of a planned development to Council.

B. DEVELOPMENT PLAN, PRELIMINARY The written and graphic material describing provisions for development of a planned development, including a plan; the name of the planned development; all covenants relating to use, location, size, height and bulk of buildings and other structures; intensity of use or site density; parking areas; location and size of common areas; and uses submitted for tentative approval.

DEVIATION

An alteration to the development order under which a development activity was originally authorized under the preliminary zoning approval or the final zoning and land development approval.

[Added 12-22-2022 by Ord. No. 22-14]

DISABLED

"Handicapped" as defined according to the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments thereto.[1]

DISTURBANCE

Grading, excavation, construction and similar activities that have occurred or may occur on a lot.

DOCKS/PORTALS FOR WATER ACCESS

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.

DRIVEWAY

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.

EASEMENT

Authorization by a lot owner of the use by another and for a specified purpose of any designated part of his lot.

ELECTRONIC NOTICE

Notice given by the Borough through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing WCF that does not substantially change the physical dimensions of such WCF, involving:

[Added 9-22-2022 by Ord. No. 22-05]

A. Co-location of new transmission equipment;

B. Removal of transmission equipment; or

C. Replacement of transmission equipment.

EMERGENCY

A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public.

[Added 9-22-2022 by Ord. No. 22-05]

EMERGENCY SERVICES

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.

ENGINEER

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;[2] however, a professional engineer may perform engineering land surveys.

ENGINEER, BOROUGH

A licensed and registered professional engineer in Pennsylvania designated by the Borough to perform the duties of Engineer as herein specified.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

[Added 9-22-2022 by Ord. No. 22-05]

ERECTED

Anything built, constructed, reconstructed or moved on or upon any lot.

ESSENTIAL 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.

FACADE

The exterior walls of a building that can be seen by the public.

FAMILY

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:

A. 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.

B. 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;

C. It does not involve the housing of persons on a nonpermanent basis;

D. It 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 corrections or similar institution;

E. "Family" shall not include persons living together in a group care facility, group care home, boardinghouse, personal care home, 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.

FCC

Federal Communications Commission.

FENCE

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.

FILL

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.

FINAL DRAWINGS

Drawings submitted for final approval of a planned development.

FINAL SITE PLAN

A collection of documents subject for final zoning and land development approval that provide accurate details indicating the development pattern of the development lot.

[Added 12-22-2022 by Ord. No. 22-14]

FLOOR AREA, GROSS

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.

FOOTCANDLE

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.

FORESTRY

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

FRONTAGE

The portion of a lot between the facade and the lot line that fronts the thoroughfare or a civic open space or the privately held portion between the facade of a building and the lot line.

FUEL/SERVICE STATION

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.

FUNERAL HOME

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.

GARAGE

A building or structure or part thereof used or intended to be used for the parking and storage of motor vehicles.

A. GARAGE, PRIVATE An 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.

B. GARAGE, PUBLIC Any 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.

GOVERNING BODY

The Borough Council of Sharpsburg Borough, Allegheny County, Pennsylvania.

GOVERNMENT OPERATIONS

See "post office," "emergency services," "municipal buildings."

GRADE, ESTABLISHED

The elevation of the center line of the streets, as officially established by the Borough.

GRADE, FINISHED

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.

GREEN ROOF

A green roof is a vegetated roofing system which is functionally integrated onto a roof area. Designs are site specific depending on climatic conditions; slope; access; structural capacity and intended usage. Standard components are a tested waterproofing membrane; root barrier; drainage outlets; drainage layer; geofabric; grow media; vegetation; irrigation; maintenance regime.

[Added 12-22-2022 by Ord. No. 22-14]

GROCERY STORE/BUTCHER SHOP/GREEN GROCER

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.

GROSS BUILDING FLOOR AREA (GFA)

The sum of all building floor areas (BFA) proposed to be developed within the Master Plan area.

[Added 12-22-2022 by Ord. No. 22-14]

GROSS BUILDING FLOOR AREA RATIO (GFAR)

The sum of all building floor areas (BFA) of principal and accessory buildings proposed to be developed within the Master Plan area divided by the square footage of the Master Plan area (see Figures 1 to 4).

[Added 12-22-2022 by Ord. No. 22-14]

Figure 1

MASTER PLAN AREA

Figure 2

BUILDING FLOOR AREA (BFA)

Figure 3

BUILDING FLOOR AREA RATIO (FAR)

Figure 4

GROSS BUILDING FLOOR AREA RATIO (GFAR)

GROUND FLOOR

The floor of a building nearest in elevation to the exterior grade at the front of the building.

GROUND FLOOR AREA

The sum of the horizontal areas of the ground floor of a building measured to the outside surfaces of exterior walls but not including open porches, decks, terraces, garages, or exterior stairways.

[Added 12-22-2022 by Ord. No. 22-14]

GROUND FLOOR HEIGHT

The height measured from the exterior average grade along the building frontage to the bottom of the second floor.

[Added 12-22-2022 by Ord. No. 22-14]

GROUND-MOUNTED SYSTEM

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.

GROUP CARE FACILITY

A premises providing shelter, counseling and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems, or past correctional offenses, require a minimal level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare.

HABITABLE SPACE

The area of a building for living, sleeping, eating or cooking and comfort facilities.

HEALTH/FITNESS CLUB

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 therapy 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.

HIGH-RISE RESIDENTIAL

A multiple-family dwelling located in a building containing eight or more stories.

[Amended 12-22-2022 by Ord. No. 22-14]

HOME-BASED BUSINESS, NO-IMPACT

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:

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

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

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

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

E. No on-site parking of commercially identified vehicles shall be permitted.

F. 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.

G. 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.

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

I. The business may not involve any illegal activity.

HOME OCCUPATION

A business conducted within a dwelling where said business is not classified as a no-impact home-based business.

HOSPITAL

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.

HOTEL

A business establishment, not including a sexually-oriented business, 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.

HVAC

Equipment used to heat, cool or ventilate a structure.

IMPERVIOUS PAVING or IMPERVIOUS PAVEMENT

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.

IMPERVIOUS SURFACE

Any material that prevents, impedes or slows infiltration or absorption of stormwater directly into the ground at the rate of absorption of vegetation-bearing soils, including building, asphalt, concrete, gravel and other surfaces, with the exception of green roofs as defined herein.

[Amended 12-22-2022 by Ord. No. 22-14]

IMPERVIOUS SURFACE AREA

The portion of the Master Plan area or development lot covered by impervious surfaces; impervious surface coverage shall be measured as a percentage of the total Master Plan area or square footage of a development lot.

[Added 12-22-2022 by Ord. No. 22-14]

IMPERVIOUS SURFACE COVERAGE

The portion of the lot area covered by impervious surfaces; impervious surface coverage shall be measured as a percentage of the total lot area.

IMPROVEMENTS FOR DEVELOPMENT (IMPROVEMENTS)

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.

INCLUSIONARY HOUSING COMPLIANCE AGREEMENT

A document identifying the extent to which workforce and/or affordable housing is incorporated into a proposed development.

[Added 12-22-2022 by Ord. No. 22-14]

INFILL

Development of vacant or remnant lands within an existing neighborhood.

INFILTRATION BASIN

A stormwater BMP that is constructed within highly permeable soils that provides temporary storage of stormwater runoff. An infiltration basin does not normally have a structural outlet to discharge runoff from the stormwater quality design storm. Instead, outflow from an infiltration basin is through the surrounding soil.

INFILTRATION BERM

A stormwater BMP consisting of a mound of compacted earth with sloping sides that is usually located along a contour on relatively gently sloping sites. Berms can also be created through excavation/removal of upslope material, effectively creating a berm with the original grade. Berms may serve various stormwater drainage functions, including creating a barrier to flow, retaining flow for volume control, and directing flows. Grading may be designed in some cases to prevent rather than promote stormwater flows, through creation of "saucers" or "lips" in site yard areas where temporary retention of stormwater does not interfere with use.

INFILTRATION TRENCH

A stormwater BMP consisting of a "leaky" pipe in a stone-filled trench with a level bottom. An infiltration trench may be used as part of a larger storm sewer system, such as a relatively flat section of storm sewer., or it may serve as a stormwater system for a small area, such as a portion of a roof or a single catch basin. In all cases, an infiltration trench must be designed with a positive overflow.

INTEGRAL PARKING

Structured parking facilities incorporated into architectural elements. Also commonly referred to as "tuck-under" or podium parking and inclusive of garages or overhead covered parking areas but excluding carports and dedicated parking garage.

[Added 12-22-2022 by Ord. No. 22-14]

KILOWATT (KW)

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kW is equal to 1 megawatt (MW).

LAND DEVELOPMENT

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

A. 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 the number of occupants or tenure; or

B. 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.

C. A subdivision of land development in accordance with Section 503(1.1) of the Pennsylvania's Municipalities Planning Code and the Borough Subdivision and Land Development Code in Chapter 22.

LANDMARK BUILDING STEP-BACK

A technique whereby the floorplate of a building exceeding 95 feet in height is reduced at certain heights to improve the pedestrian experience at street level as well as distance viewsheds, enable sunlight penetration to the ground plane (streets and public spaces), and create interesting and functional rooftops at various building levels.

[Added 12-22-2022 by Ord. No. 22-14]

LANDOWNER

The legal or beneficial owner or owners of a lot, 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 persons having a proprietary interest in the lot.

LANDSCAPE ARCHITECT

An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.

LAUNDROMAT

A facility where patrons wash, dry or clean clothing or other fabrics in machines operated by the patrons.

LAUNDRY AND/OR DRY-CLEANING PLANT

A business establishment for receiving, pickup and pressing of garments and where cleaning or drying operations are conducted.

LEED-CERTIFIED BUILDING

A building certified, under the Leadership in Energy and Environmental Design (LEED) program of the United States Green Building Council, that meets LEED standards for either new construction and major renovation projects or core and shell projects.

LIBRARY

A public or semipublic facility for the use, but not sale, of literary, musical, artistic or reference materials.

LIGHT MANUFACTURING

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.

LOADING BERTH/SPACE

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

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, 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.

A. LOT AREA Land area being subdivided and/or improved as a part of a final zoning and land development approval.

[Amended 12-22-2022 by Ord. No. 22-14]

B. LOT, BUILDABLE AREA OF That 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.

C. LOT, CORNER A 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.

D. LOT COVERAGE The 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.

E. LOT DEPTH The mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

F. LOT, DEVELOPMENT All or a portion of the lot area that is proposed for development as part of a final zoning and land development approval in conjunction with subdivision and/or land development.

[Added 12-22-2022 by Ord. No. 22-14]

G. LOT, INTERIOR A lot other than a corner lot with only one frontage on a street.

H. LOT LINE A line that bounds a lot.

I. LOT LINE, FRONT That lot line which extends along a private or public street.

J. LOT LINE, REAR That 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.

K. LOT LINE, SIDE The lot line which is not a front lot line or rear lot line.

L. LOT, THROUGH A double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.

M. LOT WIDTH The distance between the side lot lines measured along the front building line of the lot.

LOT, NONCONFORMING

A lot consisting entirely of a tract of land that:

A. Has less than the prescribed minimum lot size, width, depth, or any combination thereof, for the district in which it is located.

B. 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 with such size, width, depth, or any combination thereof, at such location would not have been prohibited by any zoning ordinance.

C. 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.

MAILED NOTICE

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.

MAJOR STREET

A street that predominantly serves through traffic.

MANUFACTURING, PROCESSING, PRODUCING OR FABRICATING OPERATION

The mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semifinished products not otherwise defined as light manufacturing.

MARINA

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/repair as an accessory use.

MASSAGE THERAPY ESTABLISHMENT

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

MASTER PLAN

A to-scale diagram illustrating the relative relationship of lots, rights of way, access points, and open space.

[Added 12-22-2022 by Ord. No. 22-14]

MASTER PLAN AREA

The total acreage included in the preliminary zoning approval application that the final zoning and land development approval will pertain to.

[Added 12-22-2022 by Ord. No. 22-14]

MEDICAL OFFICE

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 medical office generally operates on an appointment basis and does not primarily take walk-in patients. 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.

MID-RISE RESIDENTIAL

A multiple-family dwelling located in a building containing four to seven stories.

[Added 12-22-2022 by Ord. No. 22-14]

MIXED NONRESIDENTIAL/RESIDENTIAL

A lot or building on or in which various nonresidential and/or residential land uses are combined as an integrated development. A "single site" may include contiguous but unconsolidated lots.

MIXED USE

A land use where any combination of residential and nonresidential land uses permitted in Table 1A are located within a single building.

[Added 12-22-2022 by Ord. No. 22-14]

MODIFICATIONS

An adjustment to a proposed land use to meet the conditions of relevant standards or requirements outlined in the Pennsylvania Municipalities Planning Code.[3]

[Added 12-22-2022 by Ord. No. 22-14]

MODIFICATION OR MODIFY

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.

[Added 9-22-2022 by Ord. No. 22-05]

MOTEL

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. Supervision is provided in shifts by twenty-four-hour on-site management.

MULTIFAMILY

A building and lot are occupied by more than one family.

MULTI-USE/PURPOSE TRAIL

A way designed for and used by a variety of equestrians, pedestrians, and cyclists using nonmotorized bicycles.

MUNICIPAL BUILDING

Any building, structure or lot used by the Borough, a municipal-related use or a municipal authority/commission created by the Borough, including but not limited to administrative facilities and public works facilities.

NET METERING AGREEMENT

An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.

NONCOMMERCIAL GREENHOUSE

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.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent-of-use provisions of this Zoning Ordinance of Sharpsburg 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.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions of this Zoning Ordinance of Sharpsburg 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.

OBSCENE MATERIALS

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.

OBSTRUCTION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.

OCCUPANCY

The physical possession upon, on or within any lot or structure for a use.

OCCUPANCY PERMIT

The written authorization issued by the Borough of Sharpsburg's Zoning Officer for use of land or buildings.

OFF-STREET PARKING MODEL

A worksheet submitted as part of a shared off-street parking analysis to identify the necessary parking requirements of multiple proposed land uses within the applicant's site plan.

[Added 12-22-2022 by Ord. No. 22-14]

OPEN SPACE

[Added 12-22-2022 by Ord. No. 22-14]

A. PUBLIC OPEN SPACE Publicly accessible open space, counting towards the 20% minimum requirement for preliminary zoning approval, which includes riverfront related public spaces and trail and/or other common areas that are publicly accessible.

B. INCIDENTAL OPEN SPACE Publicly accessible open space consisting of residual land areas within the development, such as parking lot islands and landscaping areas within the right-of-way and does not count towards the 20% requirement for preliminary approval.

C. NONPUBLIC OPEN SPACE Other open space that is reserved for a specific user group and does not count towards the 20% requirement for preliminary approval.

D. PUBLIC OPEN SPACE ENHANCEMENT Public open space provided in addition to the minimum 20% within the Master Plan area requirement, which can be fulfilled within or outside the Master Plan area.

OUTDOOR ADVERTISING

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.

OWNER

The person or persons having the right of legal title to, beneficial interest in or a contractual right to purchase a lot or parcel.

PARALLEL TO THE RIVER

The geometric relationship between a building's footprint and the Allegheny River. The geometric relationship of a building shall be calculated by:

[Added 12-22-2022 by Ord. No. 22-14]

A. Extending a line at a right angle from a point on the river's mean normal pool water line to the center point of a building footprint's longest edge;

B. Measuring the angle between the plane of the building footprint's longest edge and the perpendicular line from the river;

C. If the measured angle is between 10° and 90°, the building shall be considered parallel to the river.

PARCEL

Any designated piece or tract of land located in the Borough established by a plat or otherwise as permitted by law.

PARKING LOT OR FACILITY, PUBLIC

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.

PARKING LOT, PRIVATE

An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking by the public.

PARKING PLAN

A scaled drawing that graphically depicts the proposed parking associated with the applicant's site plan, which accurately depicts existing and proposed buildings, streets, driveways, rights-of-way, easements, parking facilities, open space, public facilities and utilities and setbacks, ultimately representing how the development will meet minimum parking requirements. Such plans shall include tabular data outlining quantities of shared off-street parking and off-street parking facilities.

[Added 12-22-2022 by Ord. No. 22-14]

PARKING SPACE

An area of land reserved within a dedicated street right-of-way, public garage or a parking lot for the parking or storage of one motorized vehicle.

PARKING SPACE, OFF-STREET

An area wholly outside any public right-of-way, constructed to accommodate the storage of a vehicle as required by this chapter and which is connected to a public street by a driveway.

PARKING SPACE, ON-STREET

An area wholly within a public street right-of-way constructed to accommodate the storage of a vehicle as required by this chapter.

PARTY WALL

A vertical divider or partition between adjoining structures owned in common or in severalty or by one owner alone and providing mutual rights of support for the respective adjacent buildings or structures.

PEDESTRIAN-ORIENTED

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.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, Act 247, as amended, 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.[4]

PERFORMANCE SECURITY

A financial guaranty to insure that all improvements, facilities or work requested by this chapter will be completed in compliance with the chapter and the approved plans and specifications of a development, including but not limited to a performance bond, line of credit or escrow account in the amount of 110% of the cost of the facilities or improvements.

PERFORMANCE STANDARD

A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat or solid waste generated by or inherent in uses of land or buildings.

PERMITTED USE BY RIGHT

An authorized use which, upon an application for development, may be granted in accordance with the provisions of this chapter.

PERPENDICULAR TO THE RIVER

A building footprint not otherwise calculated as parallel to the river as defined by § 27-207.

[Added 12-22-2022 by Ord. No. 22-14]

PERSON

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.

PERSONAL AND PROFESSIONAL SERVICES

A business enterprise conducted for gain which primarily offers services to the general public, such generally operating on a first-come, first-serve basis and has relatively high pedestrian or customer traffic throughout the year, such as shoe repair, valet service, watch repairing, barbershop, beauty parlors and related activities.

PHARMACY

A retail store which primarily sells prescription drugs, patent medicines and legal surgical, medicinal and sickroom supplies. A pharmacy may be within a retail establishment.

PHOTOVOLTAIC (PV)

A semiconductor-based device that converts light directly into electricity.

PILOT MANUFACTURING

An establishment or part thereof which may be used to test concepts and ideas and determine physical layouts, material flows and processes, types of equipment required, costs and other information necessary prior to undertaking full-scale production, and which may include the conduct of small-scale product runs under simulated production conditions.

[Added 12-22-2022 by Ord. No. 22-14]

PLACE OF ASSEMBLY

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.

PLACE OF WORSHIP

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

PLAN

A survey of a lot upon which is shown the location of existing and/or proposed structures; existing contours and proposed grading; location and dimensions of yards; proposals for the disposition of sanitary waste and stormwater; indications of zoning compliance; name of applicant and landowner; area location map; dates of preparation and revisions; and evidence of preparation by a registered architect, landscape architect or engineer.

PLANNED MIXED-USE DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential uses, with or without supporting nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

PLANNING COMMISSION

The Planning Commission of the Borough of Sharpsburg.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

PLAT, FINAL

The 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, PRELIMINARY

A preliminary map of the proposed land development or subdivision that is submitted for Borough consideration.

PORCH

A covered entrance to a building or structure which may or may not be enclosed and which projects out from the main wall of such building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

PRINTING, PUBLICATIONS AND ENGRAVING PLANTS

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.

PRIVATE

Belonging to or concerning an individual person, company or interest independent from federal, state or local government agency.

PROFESSIONAL OR BUSINESS OFFICES

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, but not including a municipal facility.

PUBLIC

Owned, operated or controlled by a government agency, federal, state or local.

PUBLIC HEARING

A formal meeting held pursuant to public notice by Council or the Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.

PUBLIC IMPROVEMENTS

All streets, walkways, gutters, curbs, sewers, waterlines and other utilities or related facilities to be dedicated to or maintained by the public.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[5]

PUBLIC NOTICE

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 public hearing and the particular nature of the matter to be considered at the public hearing. The first publication shall be not more than 30 days and the second not less than seven days from the date of the public hearing.

PUBLIC OPEN SPACE PLAN

Proposed location and relationship of open spaces to be dedicated and/or accessible to the general public.

[Added 12-22-2022 by Ord. No. 22-14]

PUBLIC PARK, RECREATION AREA, PLAYGROUND

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-designated 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 playgrounds.

PUBLIC PARKING FACILITIES

An open, paved area, excluding a street or other public way, or a structure used for the parking of automobiles and available to the public, whether for free or for compensation.

PUBLIC UTILITY BUILDING

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.

RAILROAD

A public or private right-of-way on which tracks for trains are constructed.

RAIN GARDEN

A rain garden (also called "bioretention") is a stormwater BMP consisting of an excavated shallow surface depression planted with specially selected native vegetation to treat and capture runoff and underlain by a sand or, if needed, gravel infiltration bed.

REDEVELOPMENT

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.

REPLACEMENT

The act of removing an existing building/structure and constructing a new building/structure.

REPLACEMENT OF WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT OF WCF)

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.

[Added 9-22-2022 by Ord. No. 22-05]

RESEARCH LABORATORY

A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

[Added 12-22-2022 by Ord. No. 22-14]

RESEARCH/EDUCATION FACILITY

Satellite facilities affiliated with colleges/universities that house research and educational classrooms for commuting students.

[Added 12-22-2022 by Ord. No. 22-14]

RESEARCH AND DEVELOPMENT ESTABLISHMENT

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.

RESTAURANT, SIT-DOWN

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.

RESTAURANT, TAKEOUT

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.

RETAIL, LARGE

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.

RETAIL, SMALL-SCALE

A retail establishment with a total floor area of 5,000 square feet or less.

[Added 12-22-2022 by Ord. No. 22-14]

RIGHT-OF-WAY

That portion of land dedicated to public use for street or utility purposes.

RIVER

The Allegheny River.

RIVERBOAT GAMBLING

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.

RIVERFRONT DEVELOPMENT

Any land development that occurs within the Riverfront Overlay. For the purposes of this article, riverfront developments shall be classified as either a riverfront infill development or a riverfront planned development.

RIVERFRONT DEVELOPMENT PLAN

The provisions for riverfront development, including a riverfront planned development or riverfront infill development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the riverfront development plan," when used in this chapter, shall mean the written and graphic materials referred to in this article.

RIVERFRONT INFILL DEVELOPMENT

All riverfront developments that are not planned riverfront developments. A riverfront infill development shall not exceed five acres.

RIVERFRONT PLANNED DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a single use or a combination of uses of five acres or more, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of the Borough Zoning Ordinance.

ROOFLINE

The top ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

SCHOOL, ACADEMIC

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, post-secondary, undergraduate and/or graduate collegiate education. This definition shall not include privately operated, for-profit trade, vocation, avocation or business schools.

SCHOOL, COMMERCIAL/OTHER

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.

SCRAP YARD

A lot used for the storage of any scrap material or junk, including without limitation appliances, fixtures, nonworking automobiles, automobile parts, machines or machinery parts, equipment, containers and building materials.

SEMIPUBLIC USES

Places of worship, places of assembly, schools and other similar institutions of an educational, religious, charitable or philanthropic nature.

SETBACK (LINE), FRONT

The line extending the full width of the lot and situated at the minimum dimension defined from a front lot line.

SETBACK (LINE), REAR

The line extending the full width of the lot and situated at the minimum dimension defined from a rear lot line.

SETBACK

The minimum distance from a lot line required by the chapter where a building or structure may be built.

SEWAGE TREATMENT FACILITY

Any facility designed for the collection, removal, treatment and disposal of waterborne sewerage generated within a given service area.

SEXUALLY ORIENTED BUSINESS

An establishment, club, taproom, restaurant, theater or hall which features products for sale or entertainment that is distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, such as an adult book and video store or adult entertainment nightclub.

SHARED OFF-STREET PARKING

Off-street parking made available to multiple land uses or to the general public in addition to serving a specific use.

[Added 12-22-2022 by Ord. No. 22-14]

SHARED OFF-STREET PARKING AGREEMENT

A legal agreement between two parties providing leased parking spaces to satisfy the provision of off-street parking spaces required by the Master Plan dimensional requirements. A shared off-street parking agreement shall specify the quantity of spaces, location, length of agreement and specific uses to be served by the off-site parking spaces, as well as any other mutually agreed to term requirements and signatures.

[Added 12-22-2022 by Ord. No. 22-14]

SHARED OFF-STREET PARKING ANALYSIS

An optional set of submission items during preliminary zoning approval for any applicant who seeks to share parking spaces with multiple proposed land uses to achieve a parking ratio less than the requirements set forth in Table 1A of § 27-207.

[Added 12-22-2022 by Ord. No. 22-14]

SHORELINE

Seventy-five feet from the shoreline of the Allegheny River.

SIDE YARD

The line extending the full width of the lot and situated at the minimum dimension defined from a side lot line.

SIGN

Any letter, word, model, banner, flag, device, structure, representation or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, including the following types:

A. ADA SIGNS Any sign needed for a facility or building to achieve compliance with the requirements of the Americans with Disabilities Act.

B. BULLETIN BOARD A nonelectronic structure constructed with flat face(s), used for posting notices.

C. CANOPY Any rigid structure, made of cloth, metal or other materials, with the frame attached to a building and generally supported by the ground, extending over areas intended for pedestrian traffic, and the structure is primarily for purposes of shelter rather than advertising.

D. DIRECTIONAL SIGN A sign directing traffic but bearing no advertising matter.

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

F. GROUND (MONUMENT) SIGN Any sign supported by uprights or braces placed upon the ground and not attached to any building or structure, having no more than two faces.

G. HOME OCCUPATION SIGN A sign permitted in association with an occupation conducted on the premises within a dwelling unit occupied by the operator of the business.

H. ILLUMINATED SIGN Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.

I. MARQUEE Any permanent roof-like structure extending from the wall of a building, but not supported by the ground, constructed of durable material such as metal or glass, extending over areas intended for pedestrian and/or vehicular traffic, and the structure is primarily for purposes of shelter rather than advertising.

J. POLE/PYLON SIGN A freestanding sign erected on a lot on a pole or pylon, the bottom edge of which is high enough to provide visibility for motorists and allow for safe pedestrian circulation underneath it.

SINGLE-FAMILY DWELLING

A dwelling unit and lot designed and intended to be occupied by one family and that is not attached to another dwelling unit.

SITE

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.

SITE AREA

The total area of the lot or lots comprising a site.

SITE PLAN

A plan prepared by a registered surveyor, engineer, landscape architect or architect for a use authorized by right, which contains the following:

A. Name of applicant and landowner;

B. Name of development, if any;

C. Evidence of preparation by a licensed architect, landscape architect or engineer; graphic and written scale; North arrow;

D. Dates of preparation and revision of site plan;

E. A site location map;

(1) 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;

(2) Site area;

(3) Proposed buffer yards;

(4) Location and dimensions of existing and proposed public and private roads, streets, driveways, walks and paths;

(5) Existing and proposed structures with proposed site density and approximate height of structures indicated for each proposed type of structure and use;

(6) Proposed location and dimensions of all yards and open spaces;

(7) Existing contours and proposed grading plan;

(8) General proposals for the disposition of stormwater runoff;

(9) Proposals for the disposition of sanitary wastes and the provision of water supplies;

(10) 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.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following qualifications:

[Added 9-22-2022 by Ord. No. 22-05]

A. Each antenna associated with the wireless communications facility is no more than three cubic feet in volume.

B. The volume of all other equipment associated with the wireless communications facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet.

SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT

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.

SOLAR PHOTOVOLTAIC (PV) SYSTEM

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 relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and does not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.

SOLAR-BASED ARCHITECTURAL ELEMENT

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.

SPECIAL APPROVAL

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.

SPINE ROAD

The main streets located within a subdivision. Such streets connect less traveled streets located deeper within the subdivision to the subdivision's entrance(s).

[Added 12-22-2022 by Ord. No. 22-14]

STEALTH TECHNOLOGY

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.

[Added 9-22-2022 by Ord. No. 22-05]

STOOP

An uncovered approach less than 25 square feet in area or, if a covered approach, no posts are included in supporting such cover.

STORAGE BUILDING FOR RETAIL, ON-PREMISES

A structure for the storage of goods directly related to a retail use of the lot.

STORAGE FIRM

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.

STORMWATER MANAGEMENT

The collecting, conveyance, channeling, holding, retaining, detaining, infiltrating, diverting, treating or filtering of surface water, groundwater and/or runoff, together with applicable managerial (nonstructural) measures.

STREET

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.

STREET GRADE

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.

STREET LINE

The right-of-way line of a street.

STREET WALL

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.

STREET WIDTH

The distance between street lines measured at right angles to the center line of the street.

STRUCTURE

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

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBMISSION CHECKLIST 1

An outline of required deliverables to be submitted by the applicant for final zoning and land development approval from the Borough. Also known as "final zoning and land development approval submission."

[Added 12-22-2022 by Ord. No. 22-14]

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR 1.6100.

[Added 9-22-2022 by Ord. No. 22-05]

SUBSURFACE INFILTRATION BED

A stormwater BMP characterized by the temporary storage and infiltration of stormwater runoff accomplished by placing an infiltration bed of varying types beneath an engineered layer of soil and vegetation.

SURVEY

A precise legal description of a lot and the graphic delineation of precise lot boundaries; lot dimensions and areas; all easements and public and private rights-of-way; and North point and graphic scale affecting the lot, prepared by a professional land surveyor licensed and registered in the Commonwealth of Pennsylvania. The survey shall be on sheets of 24 inches by 36 inches.

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet or a surface area greater than 250 square feet, used or intended to be used for swimming, and constructed, installed or maintained outside any building.

TAPROOM

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.

TATTOO SHOP

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.

TECHNICALLY FEASIBLE

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.

[Added 9-22-2022 by Ord. No. 22-05]

TENTATIVE APPROVAL

The grant of tentative approval of an application for development of a planned development by Council subsequent to a landowner's and/or developer's submission of an application for tentative approval and a public hearing in accordance with Article II of this chapter.

TERMINAL FACILITY

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.

THEATER

A business establishment, other than an adult movie theater or adult movie house, inside a completely enclosed building devoted to showing pictures and/or live dramatic or musical performances 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.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

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.

[Added 9-22-2022 by Ord. No. 22-05]

TOWER, NONCOMMUNICATIONS

Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces or masts intended for the primary purpose of mounting any type of service except communications-related antenna or similar apparatus above ground.

TOWNHOUSE

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.

TRACKING SYSTEM

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.

TRANSPARENCY

The degree to which something is transparent.

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.

TWO-FAMILY DWELLING

A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration.

UNDEVELOPED LAND

Any lot or portion of a lot which has not been graded, improved or prepared for the construction of a building, structure or improvement.

UNREGULATED YARD AREA

Area not within a building and not in a defined setback or yard area.

A. USE An activity, business or purpose for which any lot or structure is utilized.

B. USE, ACCESSORY A use customarily incidental and subordinate to the principal use of the lot.

C. USE, AUTHORIZED Any 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.

D. USE BY SPECIAL EXCEPTION An authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria.

E. USE, CONDITIONAL An 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.

F. USE, NONCONFORMING A 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.

G. USE PERMITTED BY RIGHT An authorized use which, upon an application for development, may be granted by the Zoning Officer in accordance with the provisions of this chapter.

H. USE, PRINCIPAL The main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.

I. USE, TEMPORARY A 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.

UTILITY POLE

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.

VARIANCE

Relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.

VEGETATED SWALE

A vegetated swale is a stormwater BMP consisting of a broad, shallow, trapezoidal or parabolic channel, densely planted with a variety of trees, shrubs and/or grasses. It is designed to attenuate and in some cases infiltrate runoff volume from adjacent impervious surfaces, allowing some pollutants to settle out in the process. In steeper slope situations, check dams are used to further enhance attenuation and infiltration opportunities.

WAREHOUSE

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.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WHOLESALE BUSINESS

A business establishment primarily engaged in selling merchandise, dry goods and foodstuffs 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.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

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.

[Amended 9-22-2022 by Ord. No. 22-05]

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.

[Amended 9-22-2022 by Ord. No. 22-05]

WIRELESS SUPPORT STRUCTURE

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.

[Amended 9-22-2022 by Ord. No. 22-05]

WORKFORCE HOUSING

Housing affordable to households earning between 60% and 120% of area median income (AMI).

[Added 12-22-2022 by Ord. No. 22-14]

WORKSHEET 1

A tool that tests the compliance of the proposed contents in the Master Plan to the standards put forth in the Riverfront Overlay. The requirements include but are not limited to total lot area, dedicated public open space, gross building floor area ratio (GFAR), gross impervious surface area, and maximum off-street parking. Also referred to as the "Master Plan Summary."

[Added 12-22-2022 by Ord. No. 22-14]

WORKSHEET 2

A set of requirements for specific development lots to conform to the standards adopted in the Riverfront Overlay. Also known as "site plan summary."

[Added 12-22-2022 by Ord. No. 22-14]

WORKSHEET 3

A template used to assess the compliance of proposed developments on single or multiple parcels with the overall entitlements in the Master Plan. Worksheet 3 also maintains a summary of all previous developments to ensure that each phase of development remains in compliance. Also known as "Master Plan reconciliation summary."

[Added 12-22-2022 by Ord. No. 22-14]

YARD

A required open space unoccupied and unobstructed by any principal structure or portion of a principal structure; however, accessory structures, parking areas and driveways are permitted in yards in accordance with the requirements of this chapter.

A. FRONT YARD A yard extending across the full lot width and abutting the front lot line. The required minimum depth measurement of the front yard shall be the horizontal distance between the front lot line and a line parallel thereto at a distance from the front lot line in accordance with the yard requirements set forth in each district in this chapter.

B. REAR YARD A yard extending between the side yards of the lot and abutting the rear lot line. The required minimum-depth measurement of the rear yard shall be the horizontal distance between the rear lot line and a line parallel thereto at a distance from the rear lot line in accordance with the yard requirements set forth for each district in this chapter.

C. SIDE YARD A yard abutting a side lot line, extending between the rear line of the front yard and the rear lot line. The required minimum-width measurement of the side yard shall be the horizontal distance between the side lot line and a line parallel thereto at a distance from the side lot line in accordance with the yard requirements set forth for each district in this chapter.

ZONE

A geographical area with boundaries that includes surface areas as indicated on the Zone Map.

ZONING APPROVAL

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.

ZONING HEARING BOARD

A board appointed by Council to examine appeals for relief from strict conformance to application of this chapter, to consider special exceptions and to hear testimony regarding the validity of any regulations upon development in the Borough and to perform those other functions which this chapter directs it to perform.

ZONING HEARING BOARD EXCEPTION

A use permitted in a particular zone district upon satisfaction of all criteria enumerated in Article IV of this chapter and pursuant to the provisions associated with special exceptions of Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.

ZONING MAP OFFICIAL

The Official Map of the Borough that indicates the districts and other relevant information thereon and which shall be a part of this chapter by reference.

ZONING OFFICER

The administrative officer appointed by Council who shall administer and enforce the provisions of this chapter in accordance with its literal terms. The Zoning Officer shall have all the powers and be subject to all the provisions set forth in the MPC with respect to zoning officers.

[1] Editor's Note: The former definition of "distributed antenna systems (DAS)," which immediately followed this definition, was repealed 9-22-2022 by Ord. No. 22-05.

[2] Editor's Note: See the Engineer, Land Surveyor and Geologist Registration Law at 63 P.S. § 148 et seq.

[3] Editor's Note: See 53 P.S. § 10101 et seq.

[4] Editor's Note: See 53 P.S. § 10101 et seq.

[5] Editor's Note: See now the Sunshine Act, 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93).