As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY EQUIPMENT or WIRELESS ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes, but is not limited to, utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 4-10-2023 by Ord.
No. 769]
ACCESSORY STRUCTURE
A subordinate structure, or a portion of the main structure,
having less area than the main structure and having a height no greater
than 24 feet, the use of which is clearly incidental to and customarily
found in connection with the main structure or principal use of the
land.
ACCESSORY USE
A use or secondary structure which is clearly incidental
and subordinate to the principal use, located on the same lot as the
principal use and which is customarily associated with the principal
use.
ADJACENT STRUCTURES
For small wireless communications facilities, any similarly
situated infrastructure within a 250-foot radius that is of the same
design, construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and streetlight
poles. The height of an adjacent structure is the vertical distance
measured from the ground level to the highest point on a structure,
not including antennas mounted on the tower and any other appurtenances.
[Added 4-10-2023 by Ord.
No. 769]
ADULT-ORIENTED USE
The definition for this term and for all uses included under this term shall apply as are provided in Title 68, Part II, Subpart E, Chapter
55, Section 5502, of the Pennsylvania Consolidated Statutes, as amended. Such definitions in the Pennsylvania Statutes are hereby
included by reference, including, but not limited to, the definitions
for "adult bookstore," "adult entertainment," "adult mini-motion picture
theater," "adult motion picture theater," "sexual activities," "specified
anatomical areas," and "specified sexual activities."
[Added 9-11-2023 by Ord.
No. 771]
AMBIENT NOISE LEVEL
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
constituting the normal or existing level of environmental noise at
a given location without extreme atmospheric conditions, such as wind
greater than three meters per second or precipitation, and then adjusting
the noise level to eliminate any noise associated with existing developments
or facilities.
[Added 8-1-2016 by Ord.
No. 731]
ANIMAL DAY CARE
Any premises where domestic animals are dropped off and picked
up daily for temporary care on-site and where they may be groomed,
trained, exercised and socialized, but are not kept or boarded overnight,
bred, sold or let for hire.
[Added 9-11-2023 by Ord.
No. 771]
ANIMAL GROOMING
Any establishment where pet animals are bathed, clipped or
combed for the purpose of enhancing their aesthetic value or health,
or both, and for which a fee is charged. This use includes any self-service
pet washing business and may be accessory to a retail use. It does
not include incidental bathing or combing of pets as part of regular
animal care performed at an animal kennel, animal day care or grooming
performed on an infrequent nonprofit basis for hobby or recreational
purposes. "Animal grooming service" does not include the overnight
boarding of any animals.
[Added 9-11-2023 by Ord.
No. 771]
ANIMAL KENNEL
Any premises where, except as accessory to an agricultural
or veterinary use, dogs and/or cats over three months of age are temporarily
boarded overnight.
[Added 9-11-2023 by Ord.
No. 771]
ANTENNA or ANTENNAS
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein. An antenna shall not include
private-residence-mounted satellite dishes or television antennas
or amateur radio equipment, including, without limitation, ham or
citizen band radio antennas.
[Added 4-10-2023 by Ord.
No. 769]
APPLICATION or WIRELESS APPLICATION
A formal request submitted to the municipality to site, construct,
operate, remove or modify a wireless support structure, equipment
compound, or a wireless telecommunications facility.
[Added 4-10-2023 by Ord.
No. 769]
AREA
Area of a lot or site shall be calculated from dimensions
derived by horizontal projection of the site.
AWNING, CANOPY SIGN
A sign consisting of individual cut-out letters and/or symbols
which are painted, stenciled, or otherwise placed on a nonpermanent
awning or canopy.
[Added 5-8-2017 by Ord.
No. 736]
BACKYARD CHICKEN PERMIT
An authorization issued by the Borough of Churchill allowing
the applicant to lawfully keep and raise chickens on residential properties
in the Borough of Churchill.
[Added 4-12-2021 by Ord. No. 759]
BANK
A financial institution that is open to the public in which
money is kept for saving or commercial purposes, is invested, is supplied
for loans or is exchanged.
[Added 9-11-2023 by Ord.
No. 771]
BEST MANAGEMENT PRACTICES
State-of-the-art mitigation measures applied to oil and natural
gas drilling and production to help ensure that energy development
is conducted in an environmentally responsible manner.
[Added 8-1-2016 by Ord.
No. 731]
BILLBOARD
A sign, other than one indicating a business conducted on
the premises, upon which advertising matter of any character is printed,
posted or lettered; it may be either freestanding or attached to the
surface of a building or other structure.
[Added 5-8-2017 by Ord.
No. 736]
BOARD
The Zoning Hearing Board established by this chapter.
BUILDING PERMIT
A permit issued under the authority of the Churchill Borough
Building Code, authorizing the applicant to proceed with erecting the
permitted structure.
BUSINESS SIGN
A sign which directs attention to a business, profession
or industry conducted, or products sold or manufactured, on the same
premises as the sign.
[Added 5-8-2017 by Ord.
No. 736]
CHICKEN
A domesticated bird classified as Gallus domesticus.
[Added 4-12-2021 by Ord. No. 759]
CHICKEN COOP
An enclosed structure for the keeping of chickens consisting
of four walls, a roof, and a floor, accessed by a ramp from the ground
to the interior roosting and nesting areas, and including a secure
lockable human access door.
[Added 4-12-2021 by Ord. No. 759]
CHICKEN INSPECTOR
An inspector authorized by the Borough of Churchill to monitor
and enforce regulations pertaining to the keeping of backyard chickens.
[Added 4-12-2021 by Ord. No. 759]
CHICKEN RUN
A fenced-in and secure area attached to a chicken coop, consisting
of a sturdy weatherproof frame with three walls and a roof made of
wire mesh, large enough to permit chicken wing flapping and foraging,
and including a secure lockable human access door.
[Added 4-12-2021 by Ord. No. 759]
CHILD-CARE CENTER
Any place, home or institution which cares for eight or more
children under the age of 16 years apart from their parents, guardians
or custodians for regular periods of time for compensation; provided,
however, that the term "child-care center" shall not include or apply
to bona fide schools, custody fixed by a court, children related by
blood or marriage within the third degree of the custodial person
or churches and other religious or public institutions caring for
children within an institutional building.
CLOSED-LOOP SYSTEM
A system utilized while drilling so that various types of
pits are not used and instead steel bins or closed containers are
used to collect all drilling waste.
[Added 8-1-2016 by Ord.
No. 731]
CO-LOCATION
The mounting of one or more wireless communication facilities,
including antennas, on a preexisting structure, or modifying a structure
for the purpose of mounting or installing a wireless communication
facility on that structure.
[Added 4-10-2023 by Ord.
No. 769]
COMMERCIALLY REASONABLE
The terms and pricing that are reasonably consistent with
similar wireless communication facility leases and agreements within
a twenty-five-mile radius of the municipality.
[Added 4-10-2023 by Ord.
No. 769]
COMMUNICATION TOWER
A utility structure regulated under the provisions of the
Federal Telecommunications Act of 1996.
CONDITIONAL USE
A specific exception to the standard regulations of this
chapter which requires approval by Council under terms and procedures
and with conditions prescribed in this chapter.
CONVENIENCE STORE
A retail establishment with a primary purpose of selling
prepackaged food products and household items, including carry-out
fast-food-type items, milk, beverages, cigarettes, coffee and grocery
items, which is open for business more than 12 hours per day and operates
in a manner which results in rapid turnover of customers. A convenience
store may also sell petroleum products in a self-service manner.
[Added 9-11-2023 by Ord.
No. 771]
COUNCIL
The Borough Council of the Borough of Churchill, Allegheny
County, Commonwealth of Pennsylvania.
DECORATIVE POLE
A municipal-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments, have been placed or are permitted to be placed.
[Added 4-10-2023 by Ord.
No. 769]
DISPOSAL WELL
A nonproducing gas well used for the storage of wastewater.
[Added 8-1-2016 by Ord.
No. 731]
DISTRIBUTION CENTER
A specialized building which is used for storage, handling
and/or distribution of merchandise, products or goods to be redistributed
to consumers, retailers, professional businesses, medical offices
or wholesalers.
[Added 11-16-2020 by Ord. No. 755]
DRILLING
Any digging or boring of a new well to explore, develop,
or produce oil, gas or other hydrocarbons or to inject gas, water
or any other fluid or substance into the earth.
[Added 8-1-2016 by Ord.
No. 731]
DRILLING SITE
An area that includes the perimeter of the surface area of
drilling operations.
[Added 8-1-2016 by Ord.
No. 731]
DWELLING, MULTIPLE
A structure designed or occupied otherwise than as a one-family
dwelling or a two-family dwelling. The term "multiple-dwelling" shall
be understood to include garden apartments, townhouses and all other
family dwellings of similar character, where apartments or suites
are occupied and used as a separate complete housekeeping unit, but
not to include hotels, motels or rooming houses.
DWELLING, SINGLE-FAMILY
A separate, detached building designed for or occupied exclusively
as a residence by one family.
DWELLING, TWO-FAMILY
A separate, detached structure designed for or occupied exclusively
as a residence by two families.
ELIGIBLE FACILITIES REQUEST
An application for modification of an existing wireless communications
facility or base station that involves: A) co-location of new transmission
equipment; B) removal of transmission equipment; or C) replacement
of transmission equipment.
[Added 4-10-2023 by Ord.
No. 769]
EMERGENCY
A condition that: 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the public rights-of-way to be
unusable and result in loss of the services provided.
[Added 4-10-2023 by Ord.
No. 769]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of
public utilities or municipal or other governmental agencies, underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supply or disposal systems and
their essential buildings, excluding communications facilities, communications
towers and communications antennas, as defined herein.
[Added 9-11-2023 by Ord.
No. 771]
EXPLORATION
Temporary geologic or geophysical activities, drilling in
context with the zoning definition in this chapter, including seismic
surveys, related to the search for natural gas or other subsurface
hydrocarbons.
[Added 8-1-2016 by Ord.
No. 731]
FAMILY
One or more persons occupying a dwelling or dwelling unit
and living as a single housekeeping unit, as distinguished from a
group occupying a boardinghouse, lodging house, club, fraternity or
hotel.
FAMILY DAY CARE
The accessory use of a single-family dwelling for the care
of up to seven children at any one time.
FARM ANIMALS
Ducks, geese, guinea hens, swans, goats, sheep, cattle, horses,
llamas, alpacas, or any other domesticated animal other than dogs,
cats, or small animals housed in homes.
[Added 4-12-2021 by Ord. No. 759]
FCC
The Federal Communications Commission.
[Added 4-10-2023 by Ord.
No. 769]
FLASHING/ANIMATED SIGN
Any illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and color at all
times.
[Added 5-8-2017 by Ord.
No. 736]
FLOWBACK WATER
The murky, salty water from fracking natural gas wells. It
consists of frack fluid which returns to the surface as well as produced
water.
[Added 8-1-2016 by Ord.
No. 731]
FRACTURE or FRACKING
The process of injecting water, customized fracking fluid,
steam, or gas into a gas well under pressure to improve gas recovery.
[Added 8-1-2016 by Ord.
No. 731]
FREESTANDING SIGN
A sign erected on a freestanding frame, mast or poles and
not attached to any building. Also known as a "ground" or "detached"
sign.
[Added 5-8-2017 by Ord.
No. 736]
FRESH WATER
Water obtained from a potable water source of the commonwealth,
such as a hydrant, stream, lake, water well, spring or other source
that has not been treated or utilized in commercial or industrial
operations.
[Added 8-1-2016 by Ord.
No. 731]
FRONT FACADE AREA
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public rights-of-way.
[Added 4-10-2023 by Ord.
No. 769]
FUNERAL HOME
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation. A funeral home may include a funeral chapel as
an accessory use.
[Added 9-11-2023 by Ord.
No. 771]
GAMING OR RACETRACK AMUSEMENT
A facility used for the licensed placement and operation
of gaming tables, wagering systems and/or games of chance regulated
by the Pennsylvania Gaming Control Board, including but not limited
to slot machines, sports betting, live horse racing, card games and
video poker. This definition excludes games of chance operated by
charitable organizations in accordance with state law.
[Added 9-11-2023 by Ord.
No. 771]
GAS
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
[Added 3-13-2007 by Ord. No. 699]
GAS WELL
Any well drilled for the intent of extracting gas or other
hydrocarbons from beneath the surface of the earth.
[Added 8-1-2016 by Ord.
No. 731]
GASOLINE SERVICE STATION
An establishment used for the storage and/or sale at retail
of gasoline, petroleum products, and automotive accessories and/or
the rendering of services in connection with these products, including
inspection, greasing, washing, polishing, servicing, and adjustment
of vehicles.
[Added 9-11-2023 by Ord.
No. 771]
GOLF CLUB
A recreational facility operated by and for its members whose
primary purpose is the provisions of recreational facilities for the
use of members and their guests.
GROUNDWATER
Water in that portion of the generally recognized hydrologic
cycle which occupies the pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells and springs and is often
withdrawn for domestic, agricultural, municipal, industrial and other
beneficial uses.
[Added 8-1-2016 by Ord.
No. 731]
GROUP RESIDENCE
A residential facility which is licensed, regulated or supervised
by a county, state or federal agency housing at least one and not
more than 12 persons, plus staff.
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air-pollution
control facility, and other discarded material including solid, liquid,
semisolid or contained gaseous material, resulting from Borough, commercial,
industrial, institutional, mining or agriculture operations or from
community activities, or any combination of the above. which. because
of its quantity, concentration or physical, chemical or infectious
characteristics, may create products where no process involved will
produce noise, vibration, air pollution, fire hazard or noxious emission
which will disturb or endanger neighboring properties.
HEIGHT
The vertical distance measured from the mean level of the
land immediately adjacent to a structure to the highest projection
of the structure, including any secondary structure attached to the
principal structure.
HEIGHT OF A TOWER-BASED WIRELESS COMMUNICATIONS FACILITY
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based wireless communications
facility, including antennas mounted on the tower and any other appurtenances.
[Added 4-10-2023 by Ord.
No. 769]
HEIGHT OF A WIRELESS SUPPORT STRUCTURE
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added 4-10-2023 by Ord.
No. 769]
HOTEL
One or more buildings providing temporary lodging primarily
to persons who have residences elsewhere. The structure(s) have an
interior hall and lobby with access to each room from such.
[Added 9-11-2023 by Ord.
No. 771]
IDENTIFICATION SIGN
A sign indicating only the name of the individual or organization
occupying the premises; the profession of the occupant; or the name
and/or address of the building or management thereof.
[Added 5-8-2017 by Ord.
No. 736]
INCIDENTAL SIGN
A small sign announcing brand name products sold on the premises,
credit cards accepted, trade affiliations, official notices required
by law, or similar information incidental to the operation of a business.
[Added 5-8-2017 by Ord.
No. 736]
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving a group of two
or more residential or nonresidential buildings, whether proposed
initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenure, or
the division or allocation of land or space 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, or a subdivision of land.
LARGE COMMUNITY RESIDENTIAL FACILITY
A residential facility which is licensed, regulated or supervised
by a county, state or federal agency, housing at least one and not
more than 12 persons who require assistance from a trained caregiver
and who live together as a single housekeeping unit.
LIGHT INDUSTRIAL
A facility for the processing and fabrication of certain
materials and products where no process involved produces noise, vibration,
air pollution, fire hazard or noxious emission which will disturb
or endanger neighboring properties.
[Added 9-11-2023 by Ord.
No. 771]
LOCAL STREET OR ROAD
A public street or road, accepted by ordinance, serving abutting
homogeneous land uses and providing for no truck usage except for
local deliveries.
[Added 8-1-2016 by Ord.
No. 731]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT COVERAGE
The ratio of the lot which is covered by any structure, platform
or projection thereof to the area of the lot.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines.
LOT, MINIMUM AREA OF
The horizontally projected area of a lot computed exclusive
of any portion of the right-of-way of any public thoroughfare.
LOT OF RECORD
Any lot which, individually or as a part of a subdivision,
has been recorded in the County Office of the Recorder of Deeds.
LOT, WIDTH OF
The length of a straight line drawn between the points where
the required front setback line intersects the side lot lines.
MANUFACTURED DETACHED DWELLING
A mobile home or similar dwelling unit manufactured off site
when placed on a permanent foundation and used as a single-family
house.
MANUFACTURING
The creation of products or systems incorporating a substantial
component developed and produced on site, including the processing,
fabrication, assembly, packaging, testing, servicing and sale of such
products or systems and the incidental storage, sales and distribution
of such products or systems.
[Added 6-12-2001]
MARQUEE SIGN
A sign placed on or under the edge of any canopy of permanent
construction projecting from the wall of a building.
[Added 5-8-2017 by Ord.
No. 736]
MEDICAL CLINIC
Any establishment where human patients are not hospitalized
overnight but are examined and treated by doctors or others who are
duly licensed to perform medical healing arts.
MINOR GRADING OPERATIONS
Grading where neither the cut or fill exceeds a vertical
change of five feet and the Borough Engineer determines that there
is little possibility of erosion and sedimentation; or grading involved
in the reasonable, regular, normal maintenance and landscaping improvements
by individual homeowners where the standards of this chapter are not
violated; or the stockpiling of rock, sand and aggregate on an approved
site or earthmoving for the construction of a one-family house in
an approved plat where erosion and sedimentation control measures
are being employed in accordance with the approved grading plans and
specifications for the plat or temporary excavation below finished
grade for basements, additions to existing one-family houses, accessory
swimming pools or structures for which a building permit has been
issued and where the Borough Engineer determines that the possibility
of erosion and sedimentation exists.
MIXED USE
A single building containing more than one type of land use,
or a single development of more than one building and use, in which
the different types of land uses are in close proximity, planned as
a unified complementary whole, and functionally integrated to the
use of shared vehicular and pedestrian access and parking areas.
[Added 9-11-2023 by Ord.
No. 771]
MOBILE HOME
A prefabricated dwelling unit designed for transportation
on streets and highways on its own wheels or on a flatbed or other
trailer and arriving at the site where it is intended to be occupied
as a dwelling complete and ready for occupancy except for connection
to utilities and minor or incidental unpacking and assembly operations
and constructed so that it may be used with or without a permanent
foundation.
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 4-10-2023 by Ord.
No. 769]
MUNICIPAL or MUNICIPALITY
Churchill Borough, Allegheny County, Commonwealth of Pennsylvania.
[Added 4-10-2023 by Ord.
No. 769]
NONCONFORMING LOT
A lot whose width, area or other dimension does not conform
to the regulations of this chapter and which was a lot of record or
lawfully existed at the time the regulations with which it does not
conform became effective.
NONCONFORMING STRUCTURE
Any structure legally existing at the time of enactment of
this chapter or any of its amendments, which does not conform to the
provisions of this chapter.
NONCONFORMING USE
Any use or arrangement of land or structures legally existing
at the time of enactment of this chapter or any of its amendments
which does not conform to the provisions of this chapter.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
All nontower wireless communications facilities, including
but not limited to, antennas and related equipment. Nontower WCF shall
not include support structures for antennas and related equipment.
[Added 4-10-2023 by Ord.
No. 769]
NURSERY
An enterprise that conducts the retail and/or wholesale of
plants grown on the premises, as well as accessory items (but not
power equipment, such as gas or electric lawn mowers and farm implements)
directly related to their care and maintenance.
[Added 9-11-2023 by Ord.
No. 771]
OFFICE, PROFESSIONAL
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations of a business, profession, service, industry or
government.
[Added 9-11-2023 by Ord.
No. 771]
OFF-LOT DIRECTIONAL SIGN
A sign which conveys instructions or directions to a business,
commodity, service conducted, sold or offered elsewhere than on the
premises where the sign is displayed.
[Added 5-8-2017 by Ord.
No. 736]
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The well site preparation, well site construction, drilling,
fracturing, and/or site restoration associated with an oil and gas
well of any depth; water and other fluid storage; gas reservoir; impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures, whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil and gas pipelines, not regulated by the Pennsylvania
Public Utility Commission or United States Department of Transportation,
Office of Pipeline Safety, and associated equipment; and all other
equipment and activities associated with the exploration for, production
of and transportation of oil and gas, including natural gas compressor
stations and natural gas processing plants, and structures, defined
as other support facilities or structures performing similar functions
that operate as midstream facilities.
[Added 8-1-2016 by Ord.
No. 731]
OIL AND GAS DEVELOPMENT FACILITY or FACILITY[Added 8-1-2016 by Ord. No. 731]
(1)
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
(2)
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor oil or naturally occurring liquids from natural gas.
(3)
GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line, such as a drip station, vent station, pigging facility, chemical injection station or transfer pump station.
OIL AND GAS DRILLING SUBSURFACE FACILITIES
Activities performed under the surface of the ground that
are part of the operation of oil and gas drilling, as defined herein,
whether or not located on properties within the unit for a particular
well site, but that are not included in the well site, including,
but not limited to, horizontal drilling and hydraulic fracturing zones,
underground gathering and transmission pipelines established in accordance
with Public Utility Commission guidelines, water distribution lines
and similar underground facilities incidental to oil and gas drilling.
[Added 8-1-2016 by Ord.
No. 731]
OIL or PETROLEUM
Hydrocarbons in liquid form at standard temperature of 60°
Fahrenheit and pressure of 14.7 PSIA.
[Added 3-13-2007 by Ord. No. 699]
ON-LOT DIRECTIONAL SIGN
A sign which conveys instructions or directions with respect
to the use of the lot or building on which the sign is located, including
but not limited to signs which indicate street addresses and the availability
of parking, telephones, rest rooms and other conveniences for the
general public.
[Added 5-8-2017 by Ord.
No. 736]
PARK
An area maintained in its natural state as a public property
for recreation.
[Added 3-13-2007 by Ord. No. 699]
PERSONAL SERVICES
Establishments primarily engaged in providing individual
services generally related to personal needs, such as beauty shops
and barbershops, dry cleaning pickup, laundromats, tanning salons
and tattoo parlors.
[Added 9-11-2023 by Ord.
No. 771]
PERSONS
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided that "person" does not
include or apply to the municipality or to any department or agency
of the municipality.
[Added 4-10-2023 by Ord.
No. 769]
PLACE OF WORSHIP
A building used for nonprofit purposes by a recognized and
legally established sect solely for the purpose of worship.
[Added 9-11-2023 by Ord.
No. 771]
POLE or POLES
Any freestanding structure located within the public rights-of-way,
including, but not limited to, utility poles, streetlights, traffic
lights and signage that may support, hold, or house wireless communications
facilities, wireless accessory equipment, or related equipment.
[Added 4-10-2023 by Ord.
No. 769]
PRIOR APPROVED DESIGN
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the municipality.
[Added 4-10-2023 by Ord.
No. 769]
PROFESSIONAL ENGINEER (P.E.)
An active, registered professional engineer (P.E.), in the
fields of civil, structural, or electrical engineering, licensed as
such by the Commonwealth of Pennsylvania, who is regularly involved
in the development, construction, operation, inspection, maintenance,
and removal of wireless communications facilities.
[Added 4-10-2023 by Ord.
No. 769]
PROJECTING SIGN
Any sign supported by a building wall and/or roof attached
along one edge by a bracket, perpendicular to the wall surface or
hung from a support attached to a building wall, projecting no more
than six feet.
[Added 5-8-2017 by Ord.
No. 736]
PROTECTED STRUCTURE
Any occupied structure. The term shall not include any structure
whose owner has signed a waiver relieving the operator from implementation
of the measures established herein or other applicable provisions
of the Code of the Borough of Churchill. In the waiver, the owner
must acknowledge that the operator is explicitly relieved from complying
with the regulations applicable to a protected structure. The waiver
must be notarized.
[Added 8-1-2016 by Ord.
No. 731]
PUBLIC NUISANCE
Any act, operation, business or conduct done, performed or
carried on which may be offensive by reason of emission of odor, dust,
smoke, gas, vibration or noise, glaring light or interference with
radio or television reception in the dwellings throughout the Borough
or which shall constitute a public nuisance under the laws of the
Commonwealth of Pennsylvania or which shall be incompatible with the
primary use of property in the Borough as an essentially residential
community; or any condition which by its visibility adversely affects
the character of surrounding properties.
PUBLIC RIGHTS-OF-WAY (ROW)
The surface of and space above and below any real property
in the municipality in which the municipality has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to: the total extent of
land reserved or dedicated as a street/way/alley/lane for public or
private purpose; all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the municipality; any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the municipality. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
[Added 4-10-2023 by Ord.
No. 769]
PUBLIC USE
Of or pertaining to buildings, structures, uses or activities
belonging to or affecting any duly authorized governmental body.
[Added 9-11-2023 by Ord.
No. 771]
RECREATION FACILITY
A building, structure or area designed and equipped for the
conduct of sports and/or leisure activities that attract a large number
of users. Activities and improvements associated with a recreation
facility include amphitheaters/outdoor theaters, indoor/outdoor swimming
pools, indoor/outdoor skating rinks, and any other public recreation
facilities. Gaming enterprises and/or racetracks shall not be considered
recreation facilities.
[Added 9-11-2023 by Ord.
No. 771]
REDRILL
Deepening or sidetrack/horizontal drilling of the existing
well bore extending more than 150 feet from said well bore.
[Added 8-1-2016 by Ord.
No. 731]
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for the operation of a wireless communications facility. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 4-10-2023 by Ord.
No. 769]
RESEARCH LABORATORIES
A building or group of jointly used structures in which pure
and applied research is conducted by the owner subject to the following
conditions and limitations.
(2)
No research operations or experiments will be
conducted that will be obnoxious, offensive or hazardous either by
reason of emission of odor, dust, smoke, gas, vibration or noise or
by radiation of nuclear energy (whether from source material, special
nuclear material or by-product material).
(3)
No research operations or experiments will be
conducted which interfere with radio or television reception in the
dwellings throughout the Borough, or which constitute a public nuisance
under the laws of the Commonwealth of Pennsylvania, or which are incompatible
with the primary use of property in this Borough as an essentially
residential community.
RESTAURANT - CONVENIENCE/FAST FOOD
Any dining establishment whose design or principal method
of operation includes the ordering of food from a menu board and service
through a building opening, including windows, doors or mechanical
devices.
[Added 9-11-2023 by Ord.
No. 771]
RESTAURANT - COUNTER SERVICE
A retail use which serves foods and/or drinks to customers
for consumption on or off the premises that may or may not have seating.
It may include accessory wholesaling, manufacturing, or processing
of foods, goods, or commodities on the premises. Aside from traditional
food service, this includes coffee stores, juice bars, bakeries, delicatessens,
and confectioneries and made-to-order facilities.
[Added 9-11-2023 by Ord.
No. 771]
RESTAURANT - TABLE SERVICE
A dining establishment in which the principal use is the
preparation and sale of food and beverages, where food sales constitute
more than 80% of the gross sales receipts for food and beverages.
Primary food service is via tableside ordering and/or consumption.
Take-out service is permitted, but drive-through service is not permitted.
[Added 9-11-2023 by Ord.
No. 771]
RETAIL STORE, COMMUNITY
Any establishment not otherwise specifically defined in §
304-8 that sells on the premises commodities and/or services directly to consumers, but not including the manufacturing or processing of any products, having between 8,001 and 120,000 square feet in floor area.
[Added 9-11-2023 by Ord.
No. 771]
RETAIL STORE, NEIGHBORHOOD
Any establishment not otherwise specifically defined in §
304-8 that sells on the premises commodities and/or services directly to consumers, but not including the manufacturing or processing of any products, having fewer than 8,000 square feet in floor area.
[Amended 9-11-2023 by Ord. No. 771]
REWORK
Reentry of an existing well within the existing bore hole
or by deepening or sidetrack/horizontal operations (which do not extend
more than 150 feet horizontally from the existing well bore) or replacement
of well liners or casings.
[Added 8-1-2016 by Ord.
No. 731]
SCHOOL
A place or institution for teaching, an establishment for
learning, the structures and classrooms and laboratories constituting
the same, together with the ground annexed thereto, including offices
for school administration and related accessory uses and structures,
but excluding accessory structures and uses which are incompatible
with a residential neighborhood such as stadium lights, wherein and
whereon are conducted regular sessions with regularly employed instructors
or weekly sessions, for those subjects that are fundamental and essential
in general education and/or a trade or vocation and/or religious instruction,
operated not-for-private-profit and under the supervision of a lawfully
constituted ecclesiastical governing body or under the supervision
of the Commonwealth of Pennsylvania.
SELF-SERVICE STORAGE FACILITY
A structure containing separate storage spaces of varying
sizes leased or rented on an individual basis for the purpose of dead
storage (i.e., goods not in use and not associated with office, retail,
or other business use on the premises).
[Added 9-11-2023 by Ord.
No. 771]
SHORT-TERM RENTAL
The use of a dwelling, including but not limited to a single-family
dwelling, two-family dwelling, and multiple dwelling, in which the
owner rents any area of the dwelling to one or more individuals for
compensation or fee, including offer of exchange in kind, of any type,
whether or not involving overnight accommodations or separate sleeping
quarters, for less than 30 consecutive days.
[Added 4-10-2023 by Ord.
No. 768]
SHOT CLOCK TIME FRAMES
Federal regulation 47 CFR 1.6003 defines the "[r]easonable
periods of time to act on siting applications" as the "shot clock"
time frames. At regulation, "[t]he shot clock date for a siting application
is determined by counting forward, beginning on the day after the
date when the application was submitted." 47 CFR 1.6003(e).
[Added 4-10-2023 by Ord.
No. 769]
SIGN
A structure that is arranged, intended, designed or used
to advertise, announce or direct; or any device, illustration, description
or identification posted, painted, or placed in some fashion on a
building, structure or any surface for such a purpose. For the purpose
of removal, signs shall also include all sign structures.
[Amended 5-8-2017 by Ord.
No. 736]
SIGN AREA
The area defined by the frame or edge of a sign, excluding
the necessary supports or uprights on which the sign may be placed.
Where there is no frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the copy of letters of the said sign.
If the sign consists of more than one section or module, all areas
shall be totaled.
[Added 5-8-2017 by Ord.
No. 736]
SIGN, TEMPORARY
A banner, pennant, poster, sign or advertising display constructed
of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood
or other like materials which is displayed for a limited period of
time.
[Added 5-8-2017 by Ord.
No. 736]
SITE PLAN
A graphic and written presentation of a proposed development.
SMALL COMMUNITY RESIDENTIAL FACILITY
A residential facility which is licensed, regulated or supervised
by a county, state or federal agency housing at least one and not
more than three persons who live together as a family unit and who
require assistance from a trained caregiver.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility that meets the following
criteria:
[Added 4-10-2023 by Ord.
No. 769]
(1)
The structure on which antenna facilities are mounted:
(a)
Is 50 feet or less in height; or
(b)
Is no more than 10% taller than other adjacent structures; or
(c)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the co-location
of new antenna facilities; and
(2)
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
(3)
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
(4)
The facilities do not require antenna structure registration
under 47 CFR Part 17;
(5)
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
(6)
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in soils
engineering.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text Soil Survey Maps and
Interpretations for Developing Areas in Allegheny County, Pennsylvania,
as prepared by the United States Department of Agriculture Soil Conservation
Service.
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 4-10-2023 by Ord.
No. 769]
STRUCTURE
Anything constructed or erected, the use of which requires
a fixed location on the ground or an attachment to something having
a fixed location on the ground, including an addition to structures,
billboards, carports, porches and other building features, but not
including sidewalks, drives, fences and patios.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added 4-10-2023 by Ord.
No. 769]
(1)
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the rights-of-way, it increases
the height of the facility by more than 10% or 10 feet, whichever
is greater;
(2)
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those wireless communications facilities
in the public rights-of-way, it protrudes from the edge of the structure
by more than six feet;
(3)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
(4)
It entails any excavation or deployment outside the current
site of the communications tower; or
(5)
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
SWIMMING POOL
A container of water used for swimming or bathing purposes,
of any depth or size if wholly or partially sunk beneath adjacent
ground level. If erected aboveground, the same shall be covered under
the terms of this chapter only if it has at least one dimension greater
than 15 feet, or is more than 36 inches in depth. As herein defined
the term "swimming pool" shall be deemed to be a structure.
TOWER
A self-supporting lattice tower, guyed tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service.
[Added 4-10-2023 by Ord.
No. 769]
UNDERGROUND DISTRICT
A zoning district, or subarea thereof, including, but not
limited to, planned developments, in which utility installations are
required to be installed underground on a nondiscriminatory basis.
[Added 4-10-2023 by Ord.
No. 769]
USE
The purpose for which land or a building is arranged, designed
or intended, or for which land or a building is or may be occupied
or maintained.
UTILITY SUBSTATION
A structure, or an addition to an existing structure, housing
equipment needed for the processing or distribution of service by
a public utility or cellular communications network, but not including
offices or the overnight storage of maintenance vehicles.
VARIANCE
An authorization to vary slightly from the strict interpretation
of the standards of this chapter which may be granted by the Zoning
Hearing Board in accordance with law.
VEHICLE REPAIR GARAGE
A building and/or land where repairs, improvements and installation
of parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "gasoline service station." An auto repair
garage shall include, but not be limited to, any use that involves
any of the following work: major mechanical or bodywork, straightening
of body parts, painting, welding or rebuilding of transmissions. In
addition, any use permitted as part of a gasoline service station
is also permitted as part of an automobile repair garage.
[Added 9-11-2023 by Ord.
No. 771]
VEHICLE SALES
Sales, leasing, rental and related servicing of new and used
operable and road-worthy automobiles, light trucks, vans and sports
utility vehicles, boats, off-road vehicles and recreational vehicles
limited to a capacity of not more than 1 1/2 tons, motorcycles,
motor scooters, mopeds, all-terrain vehicles, snowmobiles, go-carts,
utility trailers and similar items; excluding, however, commercial
wrecking, dismantling or junkyards. Automobile repair and bodywork
may occur as accessory uses.
[Added 9-11-2023 by Ord.
No. 771]
VEHICLE WASH
A structure or area used for the purpose of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles but not
including an incidental one-bay washing facility in a gasoline service
station where washing facilities are accessory to the operation of
said service station. A self-operated vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be a car wash.
[Added 9-11-2023 by Ord.
No. 771]
WALL SIGN
A sign attached to or erected against a wall of a building
with the face horizontally parallel to the building wall. It may be
either a box-type sign or individual cut-out letters.
[Added 5-8-2017 by Ord.
No. 736]
WATER IMPOUNDMENT, FRESH
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store fresh
water.
[Added 8-1-2016 by Ord.
No. 731]
WATER IMPOUNDMENT, WASTE
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store wastewater
fluid including, but not limited to, brine, fracturing fluid, produced
water, recycled water, impaired water, flowback water or any other
fluid that does not satisfy the definition of "fresh water."
[Added 8-1-2016 by Ord.
No. 731]
WELL OPERATOR or OPERATOR
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing or transporting oil or gas. The
person designated as the well operator or operator on the permit application
or well registration. If the owner is a separate entity than the operator,
then the owner shall also be listed. Where a permit or registration
was not issued, the term shall mean any person who locates, drills,
operates, alters or plugs any well or reconditions any well with the
purpose of production therefrom. In cases where a well is used in
connection with the underground storage of gas, the term also means
a storage operator.
[Added 8-1-2016 by Ord.
No. 731]
WELL SITE
Shall consist of the area occupied by any of the facilities,
structures and equipment associated with or incidental to the construction,
drilling, fracturing, production, or operation of an oil or gas well.
If multiple areas are used, then the total combined areas shall be
considered the well site.
[Added 8-1-2016 by Ord.
No. 731]
WELLHEAD
The precise point of entry into the ground where the drilling
of a gas well takes place.
[Added 8-1-2016 by Ord.
No. 731]
WINDOW GRAPHIC SIGN
A sign which is painted permanently on or similarly applied
to the inside or outside of a window.
[Added 5-8-2017 by Ord.
No. 736]
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 4-10-2023 by Ord.
No. 769]
WIRELESS ANTENNA
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of wireless service
and any commingled information services.
[Added 4-10-2023 by Ord.
No. 769]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 4-10-2023 by Ord.
No. 769]
WIRELESS SUPPORT STRUCTURE or SUPPORT STRUCTURE
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, if approved by the municipality.
[Added 4-10-2023 by Ord.
No. 769]
YARD
An open space adjacent to a lot line, open and unobstructed
from the ground to the sky, except as otherwise provided herein.
YARD, FRONT
A yard extending across the full width of the lot and extending
back in depth the required minimum distance from the front lot line
to a line parallel thereto on the lot.
YARD, REAR
A yard extending across the full width of the lot and extending
forward in depth the required minimum distance from the rear lot line
to a line parallel thereto on the lot.
YARD, SIDE
A yard on each side of the lot along the full depth of the
lot and extending laterally in width the required minimum distance
from the side lot line to a line parallel thereto on the lot.
ZONING OCCUPANCY PERMIT
A document issued by the Zoning Officer upon completion of
the construction of a structure or change in use of structure or parcel
of land or change of occupancy of structure, validating that all conditions
attached to the granting of the zoning permit have been met and that
the structure and land may be occupied and used for the purposes set
forth in this chapter.
ZONING OFFICER
The person officially hired by Churchill Borough to enforce
this chapter.
ZONING PERMIT
A document issued by the Zoning Officer stating that a proposed
use or development will be in compliance with this chapter and authorizing
the applicant to proceed to obtain required building permits.