For the purpose of the official Zoning Ordinance in this chapter,
certain terms as used herein are defined. The following shall apply:
A.
Words used in the present tense include the future, words in the
singular number include the plural, and words in the plural number
include the singular number.
B.
The word "shall" is always mandatory and not merely directory.
C.
The word "may" is permissive.
D.
The word "structure" shall include the word "building."
E.
The word "used" shall include arranged, designed, constructed, altered,
converted, rented, leased, or intended to be used.
F.
The word "occupied" includes arranged, designed, built, altered,
converted, rented or leased, or intended to be occupied.
G.
The word "land" shall include water surface.
H.
The word "person" includes individual, firm, corporation, association,
trust, joint venture, partnership, estate, syndicate, fiduciary, government
agency, two or more persons having a joint or common interest, any
combination of the preceding, and other similar entities.
I.
The phrase "Council member" shall mean the elected members of the
Borough Council of the Borough of Sewickley, Pennsylvania.
J.
The phrase "Board member" shall mean the members of the Zoning Hearing
Board of the Borough of Sewickley, Pennsylvania.
K.
The word "County" shall refer to Allegheny County, Pennsylvania.
L.
The terms "chapter" and "Zoning Ordinance" shall refer to the "Official
Zoning Ordinance of the Borough of Sewickley.
M.
The word "Plan" or "Comprehensive Plan" shall mean the Aleppo, Sewickley
and Glen Osborne Joint Comprehensive Plan, or the future land use
element and future land use plan map of the Joint Comprehensive Plan,
respectively.
N.
The word "Manager" shall mean the Borough Manager/Secretary of the
Borough of Sewickley, Pennsylvania.
O.
Any reference to the Borough Manager/Secretary, Borough Solicitor,
Planning Commission, Borough Engineer or other administrative official
of the Borough of Sewickley, Pennsylvania, shall include their designees.
The following abbreviations shall have the meanings indicated.
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ASO
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Aleppo, Sewickley, Glen Osborne Joint Comprehensive Plan
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dBA
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decibel level
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dbh
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diameter at breast height
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DCED
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Department of Community and Economic Development
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EPA
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Environmental Protection Agency
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FAA
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Federal Aviation Administration
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FCC
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Federal Communications Commission
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FEMA
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Federal Emergency Management Agency
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FIA
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Federal Insurance Administration
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FIRM
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Flood Insurance Rate Map
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FIS
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Flood Insurance Study
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GFA
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gross floor area
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HVAC
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Heating, Ventilating, and Air Conditioning
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LEED®
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Leadership in Energy and Environmental Design®
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MPC
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Pennsylvania Municipalities Planning Code
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PADEP
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Pennsylvania Department of Environmental Protection
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PennDOT
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Pennsylvania Department of Transportation
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SALDO
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Subdivision and Land Development Ordinance
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UCC
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Uniform Construction Code
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WECS
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Wind Energy Conversion System
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As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of the lot(s) or structure, or a cessation
of the use of the lot or structure by the owner with the intention
of neither transferring rights of the lot or structure to another
owner or of resuming the use of the lot or structure.
A vehicular throughway serving a nonresidential use or multifamily
use located within a parking lot which directly adjoins parking spaces.
An access drive provides the vehicular connection between parking
space area and the driveway which directly connects to the public
right-of-way. The access drive does not include the vehicular path
that connects the parking area to the public way.
A structure greater than 100 square feet clearly subordinate
to and on the same lot as the principal structure and used exclusively
for purposes constituting an accessory use, including, but not limited
to, private garages, accessory dwellings, barns, swimming pools, gazebos,
utility sheds, greenhouses and excluding signs, communications towers,
communications facilities, telecommunications equipment buildings,
co-location/shared use communications facilities and tower-mounted/shared
use communications facilities.
A dwelling unit located on the same lot and smaller in square
footage than the principal dwelling.
See "use, accessory."
A process of adapting old structures for new purposes.
An establishment in which 10% or more of the net retail floor
area offers for sale, for rent or lease, for loan, or for view upon
the premises, pictures, photographs, drawings, prints, images, sculpture,
still film, motion-picture film, video tape, or similar visual presentations
distinguished or characterized by an emphasis on sexual conduct or
sexually explicit nudity, or books, pamphlets, magazines, printed
matter or sound recordings containing explicit and detailed descriptions
or narrative accounts distinguished or characterized by an emphasis
on sexual conduct, or offers sexual devices for sale.
An establishment, club, tavern, restaurant, theater or hall
which features live entertainment distinguished or characterized by
emphasis on sexual conduct or sexually explicit nudity.
Includes adult theater, adult motion-picture theater, adult
motel, adult cabaret, adult bookstore, and adult video store.
An establishment, building or a room within a building used
for presenting motion-picture film, video tape or similar visual representation
of materials distinguished or characterized by an emphasis on sexual
conduct or sexually explicit nudity.
A public thoroughfare not intended for general traffic circulation
which may afford a secondary means for lot access.
Any change in a structure that increases or diminishes exterior
dimensions or modifies openings in the exterior walls.
A refinement to this chapter which includes revisions to
the zoning text and/or the Official Zoning Map by ordinance of the
Borough Council.
An outdoor gathering space typically for entertainment which
is often constructed with tiers of seats or sloping surfaces that
gradually rise outward from a central open space or stage. An amphitheater
may include a bandshell-type building/structure to provide weather
protection to a stage.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any structure.
The vertical distance measured from the grade adjacent to
the base of the antenna or support structure of the antenna, whichever
is lower, to the top of the antenna support structure or antenna,
whichever is higher. If the antenna support structure is on a sloped
grade, then the lowest grade shall be used in calculating the antenna
height.
Any building, tower or structure used for the purpose of
supporting an antenna.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally-based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as satellite earth stations,
tapered rolling strip antennas (TAROS), and satellite microwave antennas.
A landowner or developer, as herein defined, who has filed
an application for development, including his heirs, successors and
assigns.
The visible, functional or ornamental objects accessory to
and part of a structure.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of architecture.
Construction or engineering plans prepared after the completion
of construction by the engineer, architect and/or landscape architects
of record in such a manner as to accurately identify and depict the
location of all on-site improvements, which includes but is not limited
to all buildings, structures, driveways, governor's drives, access
drives, lighting, parking, grading, utilities, stormwater management
facilities, curbs, gutters and sidewalks as defined by this chapter
or other Borough ordinances.
A business establishment or portion thereof contained completely
indoors in which automobile interiors and exteriors are cleaned by
employees of the shop and which may contain products for sale relating
to common vehicle maintenance and detailing.
The use of land and/or buildings primarily for the display
and retail sale and/or long-term leasing of new automobiles, vans,
motorcycles and light trucks. Long-term leasing shall mean the leasing
of new vehicles for time periods of at least one year. Includes automotive
repair facilities and car washing not available to the general public
for automobiles as an accessory use. All automotive repairs and car
washing shall be conducted entirely within an enclosed building. An
automotive rental enterprise shall not be included within said definition.
The use of land and/or buildings primarily for the display
and retail sale of previously used and/or owned automobiles, vans,
motorcycles and light trucks. This term includes automotive repair
facility as an accessory use. All automotive repairs shall be conducted
entirely within an enclosed building. An automotive rental enterprise
shall not be included within said definition.
A business establishment engaged in the leasing or renting
of automobiles, motorcycles and light load vehicles.
The use of land, including any structures thereon, or any
building or part thereof, for the mechanical and/or body repairs of
motor vehicles and which may include facilities used for polishing,
greasing, washing, dry cleaning, or otherwise cleaning or servicing
such motor vehicles.
A business establishment whose purpose is to repair, either
the mechanical and/or body of motor vehicles and light trucks, and/or
to engage in the retail sale of gasoline, oil other fuel, or accessories
for motor vehicles, and which may include accessory facilities used
for polishing, greasing, washing, dry cleaning, or otherwise cleaning
or servicing such motor vehicles but excluding a convenience store.
A business establishment engaged in the production and/or
sale of baked goods, including, but not limited to, pastries, cakes
and breads.
The space enclosed by the foundation or ground-floor walls
of a building partly or wholly below the average level of the adjacent
ground. A basement shall not be counted as a story for purpose of
height measurements unless 1/2 or more of its height is above the
finished lot grade level.
A business establishment that occupies a single-family dwelling
and associated accessory structures, where limited overnight lodging
and breakfast is provided for compensation to guests and where said
use may or may not also host accommodations for private events such
as weddings, parties, seminars and conferences.
A business establishment engaged in the sale and/or delivery
of beer and ale and may include wholesale quantities for distribution
to retail sellers.
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.
A linear vegetated swale used to partially treat water quality,
attenuate flooding potential and convey stormwater away from critical
infrastructure.
An area bounded by streets, rights-of-way, streams or other
similar natural features.
The contiguous facades of buildings along one side of a street
between two intersecting streets. A corner lot shall have two block
faces.
Any body granted jurisdiction under the Pennsylvania Municipalities
Planning Code or a land use ordinance, which has the authority to
render final adjudications.
A business establishment, other than a motel, hotel or bed-and-breakfast,
where, for compensation and by prearrangement for definite periods
of time, lodging and meals are provided for four or more persons.
A boardinghouse shall include common areas and a common kitchen available
for use by guests and may include other common areas.
The Borough of Sewickley, Allegheny County, Pennsylvania.
The governing body of the Borough of Sewickley, Allegheny
County, Pennsylvania.
The duly appointed Borough official designated to administer
the regulations, programs and services of the Borough of Sewickley.
A line which may or may not follow a visible feature that
defines the limits of a geographic entity such as a block, a block
numbering area, a census tract, a county, a municipality, a lot, a
district, a property or a place.
An area of land, together with trees, grass, ground cover,
shrubs, bushes or other natural landscaping material, walls, berms
or fences thereon, located between different land uses to minimize
potential conflicts between them.
Any fully enclosed structure having a roof, intended for
the shelter, housing or enclosure of persons, animals, equipment or
belongings, and not including heating, ventilating, and air conditioning
(HVAC), mechanical equipment, electrical equipment or trash.
The horizontal area measured within the outside of the exterior
wall of the ground floor of all principal and accessory buildings
on the lot as a percent of lot area.
The area of a lot remaining after the minimum setback requirements
for the building have been met and which represents the area within
which permitted buildings may be erected, used or maintained.
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Figure 1: Typical Building Envelope for Principal Building Structure
Single Principal Building/Structure on Lot
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Multiple Principal Buildings/Structures on Lot
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The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
following points:
FLAT ROOFSThe highest point of the roof.
MANSARD ROOFSThe top of the roof.
GABLE ROOFSThe mean height between the eaves and ridge.
HIP ROOFSThe mean height between the eaves and ridge.
GAMBREL ROOFSThe mean height between the eaves and ridge.
OTHER TYPES OF ROOFSThe highest vertical point.
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Figure 2: Building Height
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A line drawn along a facade of a building and which extends
to the lot lines on both sides.
A document issued by the Borough which allows construction
to proceed.
The structure in which the lot's fundamental use is conducted.
Restaurant business establishment that offers primarily coffee,
tea and other beverages and where light refreshments and limited menu
food items that require no food preparation which utilizes an open
flame or fryer may also be sold.
A roof-like cover with or without support from the ground
that projects from the wall of a building over a door, entrance, window
or an outdoor service area, or a freestanding structure that covers
an outdoor service area. An awning is a type of canopy.
A covered space, open on at least three sides, for the storage
of one or more vehicles.
A lot or portion of land that is reserved for the burying
of the deceased and that could contain mausoleums and columbaria but
not crematoriums.
A storage tank or similar vessel used to capture and temporarily
store rainwater for various uses, including greywater reuse and irrigation.
An area of unobstructed vision at the intersection of two
streets or the intersection of a driveway with a street, intended
to allow the operators of vehicles approaching simultaneously to see
each other in time to prevent a collision.
A business establishment operated by a private or nonprofit
entity as a commercial enterprise, where persons are instructed, taught
or trained for a specific trade, vocation, avocation or business discipline.
The term "commercial school" shall include, but not be limited to,
activities such as dancing, music, sports/recreation, business and
technical training.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, designed as and intended
for the use or enjoyment by the public or residents of a development,
not including streets, off-street parking areas, and areas set aside
for public facilities. Stormwater management facilities such as drainageways,
swales and stormwater basins shall not be considered eligible to meet
common open space requirements.
Any ground-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, or masts,
intended primarily for the purpose of mounting a communications antenna
or similar apparatus above ground.
An area of land managed and maintained by an individual or
a group of individuals to grow and harvest agriculture products and/or
nonfood, ornamental agriculture products, such as flowers, for consumption
or donation other than personal use. A community agriculture area
may be divided into separate plots for cultivation by one or more
individuals or may be used collectively by members of a group and
may include common areas maintained and used by group members.
The official Joint Comprehensive Plan of the Township of Aleppo and the Boroughs of Sewickley and Glen Osborne, as amended from time to time, adopted pursuant to the provisions of Article III of the Pennsylvania Municipalities Planning Code.
A use permitted in a particular zoning district by the Borough Council upon satisfaction of all criteria enumerated in Article VIII of this chapter and of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
A lot or a portion of a lot, portion(s) of which are designated
for separate ownership and the remainder of which is designated for
common ownership solely controlled by the owners of the said portions.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured/mobile homes.
A lot or portion of a lot used by a general contractor or
builder, where equipment and materials are stored or where a contractor
performs shop or assembly work but does not include a construction
site or any establishment otherwise defined or classified herein.
A business establishment that offers convenience goods for
sale, such as prepackaged or limited prepared food items, tobacco,
periodicals, and other household goods in conjunction with the sale
of fuel/energy recharge for vehicles.
A business establishment that offers convenience goods for
sale, such as prepackaged or preprepared food items, tobacco, periodicals,
and other household goods but does not include the sale of fuel/energy
for vehicles.
An existing building previously used for either a single-family
residential dwelling unit or a nonresidential use, where said building
has been converted to three or fewer dwelling units.
Any premises that is licensed by the Pennsylvania Department
of Welfare as a "day-care center," where care is provided for any
number of adults who are not relatives of the operator at any one
time for part of a twenty-four-hour day.
A business establishment that is licensed by the Pennsylvania
Department of Welfare as a "day-care center," where care is provided
for 12 or more children under 16 years of age for less than 24 hours
per day.
A unit for measuring the relative intensity of sounds based
on an expressed ratio of two amounts of acoustic signal power equal
to 10 times the common logarithm of this ratio.
The measurement of compactness of residential development
as to the number of dwelling units per one acre or 43,560 square feet.
The process in which the Zoning Officer determines that an
applicant has provided the required application materials needed to
obtain approvals as governed by this chapter.
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.
A contractual arrangement between a developer and the Borough
that establishes the developer's responsibility regarding project
phasing, the provision of public and private facilities, dedication
of public facilities and improvements, covenants and restrictions
of the land, homeowners' association bylaws and any other mutually
agreed to terms and requirements.
Any man-made change to an improved or unimproved lot, including,
but not limited to, buildings or other structures, filling, grading,
paving, excavation, mining, dredging or drilling operations and the
subdivision of land or land development.
The provisions for development of land including a planned
residential 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, driveways, sidewalks and
parking facilities, common open space, and public facilities. The
phrase "provisions of development plan," when used in this chapter,
shall mean the written and graphic materials referred to in this definition.
Grading, excavation, construction and similar activities
that have occurred or may occur on a lot.
An accessory use or structure that provides an access drive
connecting to and from the public right-of-way for motor vehicles
so as to serve patrons while in their motor vehicle(s).
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.
More than one habitable room, containing permanent heating,
sanitary, sleeping, cooking and eating facilities, used or intended
to be used as living quarters for a single household or family.
A suite of rooms or a single room in a building containing
three or more dwelling units, each with its own cooking, food storage,
bathing and toilet facilities and with access directly or by a common
hallway to the outside.
A building which contains at least three but no more than
eight dwelling units, each of which is separated from the adjoining
unit or units by a continuous common wall extending from the basement
to the roof, each unit having independent access directly to the outside
and having no other units above or below.
A building which contains at least three but no more than
eight dwelling units, each of which is 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. Each unit will have an access
drive separate from the driveway that provides the vehicular connection
from the lot to the public right-of-way. Garage doors shall not face
the public street.
[Added 11-17-2014 by Ord.
No. 1324]
A dwelling unit designed and intended to be occupied by one
family that is not attached to another dwelling unit.
A building containing only two dwelling units, which are
constructed on top of one another and divided by a common floor/ceiling
structure, with each dwelling unit having direct access to the outside.
A building containing only two dwelling units, each of which
is entirely separated from the other by a continuous common wall extending
from the basement to the roof, with each dwelling unit having independent
access directly to the outside.
A grant of one or more property rights for a portion of land
by the landowner to and/or for the use by the public, a corporation,
or another person or entity.
A building, structure and/or lot used for the maintenance,
fueling, storage, dispatching or parking of vehicles and/or equipment
utilized to provide private and/or public rescue or ambulatory services,
fire and/or police services.
An individual licensed and registered to engage in the practice
of engineering. A professional engineer may not practice land surveying
unless licensed as set forth in P.L. 534, No. 230; however, a professional
engineer may perform engineering land surveys.[2]
A licensed and registered professional engineer in Pennsylvania
designated by the Borough to perform the duties of Engineer as herein
specified.
Anything built, constructed, reconstructed or moved on or
upon any lot.
The erection, construction, alteration or maintenance of
underground or overhead gas, electrical, steam or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduit cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, street signs, cable television or other telecommunications
transmission lines provided by public or private entities, and other
similar equipment and accessories in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or for the public health
or safety or general welfare, but not including buildings. Communications
towers shall not be considered essential services for the purposes
of this chapter.
The illumination of an outside area or object by any man-made
device located outdoors that produces light by any means.
Items which serve the purpose of advertising as an alternative
to a sign. An example of this is unattended items displayed for sales.
[Amended 8-13-2019 by Ord. No. 1367]
An individual or two or more persons related by blood, marriage
or adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit or not more
than five persons living together in a group living arrangements with
supervision, provided that the group living arrangements meets all
of the following criteria:
It provides nonroutine support services, including supervision,
personal care, social or counseling services and transportation, to
persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution because of a physical
disability, old age, mental disability, or other handicap or disability
as defined by the Fair Housing Act and the Americans with Disabilities
Act;
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life;
Does not involve the housing of persons on a nonpermanent basis;
Does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court agency to be a danger to
society, or are on release or under the jurisdiction of the criminal
justice system, a government bureau of corrections or similar institution;
"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.
An artificially constructed barrier of specified material
or combination of materials erected to enclose or screen areas of
land or portions of buildings or structures.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. Fill
also can refer to the difference in elevation between a point on the
original ground and a designated point of higher elevation on the
final grade.
A business establishment where the principal business is
the receipt, disbursement or exchange of funds and currencies, such
as savings, loans, credit unions or check-cashing establishments.
The sum of the gross horizontal areas of all of the floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas, but including the area of roofed
porches and roofed terraces. All dimensions shall be measured between
exterior faces of walls.
A unit used to measure the amount of light falling on a surface
at a point on a surface which is one foot from, and perpendicular
to, a source of illumination that produces one uniform candela.
The 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.
The line of that facade of the principal building that is
closest to the front lot line.
A business establishment, including mortuaries, 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.
An accessory structure for storing vehicles or household
items by the occupants of the dwelling unit(s) on the lot.
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.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
The Borough Council of the Borough of Sewickley, Allegheny
County, Pennsylvania.
A semicircular or curved driveway with both ends connecting
to the street at the public right-of-way line.
The elevation of the center line of the streets, as officially
established by the Borough.
The proposed or completed elevations of the land surface,
including the surfaces of lawns, walks and roads brought to grades
as shown on official plans or designs relating thereto.
A roof of a building that is partially or completely covered
with vegetation and a growing medium, planted over a waterproofing
membrane, which may also include additional layers such as a root
barrier and drainage and irrigation systems.
The wastewater generated from domestic activities such as
laundry, dishwashing and bathing, which is recycled for uses such
as landscape irrigation and toilet flushing.
A business establishment that sells produce, dry goods, meats,
baked goods, dairy items, frozen foods and the like. The term "grocery
store" includes supermarkets, food stores, green grocers, dairies,
delicatessens, but does not include convenience stores.
The floor of a building nearest in elevation to the exterior
grade at the front of the building.
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.
A facility licensed by the Pennsylvania Department of Public
Welfare which houses six or more residents and provides twenty-four-hour
supervision and rehabilitation services for developmentally disabled
individuals (mental disability, autism, cerebral palsy, epilepsy or
other similar conditions).
The area of a building for living, sleeping, eating or cooking
and comfort facilities.
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
municipal, residential, commercial, industrial, institutional, mining
or agricultural operations and from community activities, or any combination
of these factors which, because of its quantity, concentration or
physical, chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the Coal Refuse Disposal Control Act (52 U.S.C. §§ 30.51
to 30.62). The term "hazardous waste" shall not include treatment
sludges from coal mine drainage treatment plants, disposal of which
is being carried on pursuant to and in compliance with a valid permit
issued under the Clean Streams Law (35 P.S. §§ 691.1
to 691.1001). The term "hazardous waste" shall not include solid or
dissolved material in domestic sewage, or solid dissolved materials
in irrigation return flows, or industrial discharges which are point
sources subject to permits under § 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342) or source, special
nuclear, or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C. §§ 2011 to 2394).
An artificially constructed barrier of naturally vegetated
plant material installed to enclose or screen areas of land uses,
buildings, structures, parking areas, private outdoor areas such as
lawns and decks and/or storage areas.
Any building or structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on the Pennsylvania state inventory of historic
places which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified by an approved state program.
A business or commercial activity carried on entirely within a building, whose principal use is a single-family dwelling and whose impacts exceed those of a no-impact home-based business. The business or commercial activity must satisfy the requirements of § 330-601J.
A business or commercial activity administered or conducted
clearly secondary to a dwelling unit and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises in excess of
those normally associated with residential use. The business or commercial
activity must satisfy the following requirements:
The business activity shall be compatible with the residential
use of the lot and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable space.
The business may not involve any illegal activity.
A health care facility, including a laboratory or clinic,
that provides 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 include facilities
for major surgery, and which may be publicly or privately operated.
A business establishment inclusive of a building or portion
thereof designed or used for transient rental for sleeping purposes.
All room access is through interior hallways or courtyards. No cooking
facilities, other than a microwave or toaster oven, may be permitted
in any sleeping room. Accessory shops, restaurants, swimming pool,
fitness center, spa, services and conference centers catering to the
general public can be provided where conference rooms and banquet
halls are also be available for rent. Supervision is provided in shifts
24 hours a day by an on-site manager.
The intensity of light or brightness to which an object or
surface is illuminated and as measured by the number of footcandles
at a particular point.
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.
The portion of the lot area covered by impervious surfaces;
impervious surface coverage shall be measured as a percentage of the
total lot area.
Landscaped areas, turf areas, parks, golf course and recreation
areas constructed on the lot, but shall not include associated buildings.
Those physical additions, installations and changes required
to render land suitable for the use intended, including but not limited
to grading, swales, detention/retention basins, paving, curbing, streetlights
and signs, fire hydrants, water mains, electric service, gas service,
sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts
and street shade trees.
Development of vacant or remnant lands within an existing
neighborhood.
A society or organization founded for nonreligious educational,
social, historic, cultural or civic purpose.
[Added 4-21-2014 by Ord.
No. 1317]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
Subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three dwelling
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots, subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of a business establishment which would be considered an
amusement park. For the purposes of this subsection, an amusement
park is defined as a tract or area used principally as a location
for permanent amusement structures or rides. This exclusion shall
not apply to newly acquired acreage by an amusement park until initial
plans for the expanded area have been approved by the proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions); a lessee, if he
is authorized under the lease to exercise the rights of the landowner;
or other person having a proprietary interest in land.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of landscape
architecture.
A building or structure utilized for the storage and sharing
of books, media and information with the general public, which may
or may not include areas for public meeting and the like.
A health care facility for the transitional residency of
senior and/or disabled persons, providing for a progression of residential
living types such as from independent living in single-family units
to assisted and/or congregate living and culminating in a full health
and continuing care nursing home facility, where any portion of the
facility may include common dining and recreation areas and which
provides supportive services, not primarily medical in nature, to
facility residents for activities of daily living. A life care facility/senior
living center may include a licensed adult day care program. Such
facility shall comply with all applicable federal, state and local
laws, ordinances and regulations relating to housing for the elderly.
This term shall not include group care homes.
A business establishment that produces finished products
or parts, predominantly from previously prepared materials, including
processing, fabrication, assembly, treatment, packaging, incidental
storage, sales and distribution of such products, but excluding basic
industrial processing.
An on- or off-street area for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
A scaled graphical depiction of the proposed loading areas
associated with the development of a lot, or a portion thereof that
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 loading requirements.
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.
A lot which is directly adjoining to and on the same side
of a street right-of-way as a subject lot.
The area contained within the lot lines of a lot excluding
space within any rights-of-way(s) of public streets and ways.
A lot at the junction of and adjoining two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135° or the radius of the street
line is less than 10 feet.
The average horizontal distance between the front and rear
lot lines.
A lot at the junction of and adjoining more than two intersecting
streets.
A lot that is located at least partially behind another (intervening)
lot and does not have the majority of its required lot width fronting
a street. Flag lots access streets by narrow extensions of the lot
(the pole) which connect to the street.
A lot other than a corner lot with only one frontage on a
street.
The lines indicating the boundaries of the lot.
LOT LINE, FRONTThe boundary line separating the lot from the street. In the case of corner and through lots, front lot lines shall be established along each street.
LOT LINE, REARThe boundary of a lot which is most distant and is most nearly parallel to the front lot line.
LOT LINE, SIDEAny boundary of a lot which is not a front or rear lot line.
|
Figure 3: Typical Lot Line Locations
 |
A lot which has been properly recorded in the Office of the
Recorder of Deeds of Allegheny County, Pennsylvania.
A lot on which development, infill, replacement and/or redevelopment
is identified to occur.
A lot other than a corner lot with frontage on more than
one street.
The horizontal distance between both side lot lines measured
at the required minimum front setback.
A building, structure or lot where processed wood timbers
and products are stored for bulk and retail sale. The term "lumberyard"
does not include the sawing, shaving, chipping, stripping or otherwise
processing of logs and wood timbers.
A unit used to measure the actual amount of visible light
which is produced by a lamp or luminaries.
An area of land used for the storage of materials, supplies,
etc.
Any type of permanent construction cantilevered from the
wall of a building above an entrance and extending over a street or
sidewalk, or part thereof, and not supported by ground posts.
A narrow, often landscaped space between travel lanes, which
gives refuge to pedestrians crossing a street and calms traffic.
A business establishment where two or more licensed medical
professionals provide diagnostic health, medical, surgical 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 minor operating rooms and a dispensary, providing that all such
uses have access only from the interior of the building or structure;
and provided, further, that any facility for methadone treatment or
other narcotic treatment programs approved by the Pennsylvania Department
of Health shall be considered a medical clinic.
A lot or building on or in which various land uses, such
as office, commercial, institutional and/or residential, are combined
as an integrated development. A single site may include contiguous
but unconsolidated lots.
An antenna support structure consisting of a single pole
or spire constructed without guy wires or ground anchor.
A business establishment, whether detached or in connected
units, which consists of a building or group of buildings used as
individual sleeping units with separate exterior entrances, open year-round
and designed for temporary occupancy, primarily for transient automobile
travelers. Structures shall provide for accessory off-street parking
areas. Supervision is provided in shifts by twenty-four-hour on-site
manager.
See "dwelling, multifamily."
Any building, structure or lot used by the Borough, a municipal-related
use or a municipal authority/commission created by the Borough. These
uses shall include an administrative facility, firehouse and/or emergency
medical service facility.
A business establishment or nonprofit institution primarily
engaged in creating, acquiring, studying, interpreting and/or exhibiting
items for public instruction and enjoyment.
[Amended 4-21-2014 by Ord. No. 1317]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of the
Zoning Ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of the Zoning Ordinance 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.
A corporate entity organized under the provisions of the
Internal Revenue Code, Section 501(c)(3).
[Added 4-21-2014 by Ord.
No. 1317]
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 which, taken as a whole, appeals to the prurient interest; and
which, taken as a whole, does not have serious literary, artistic,
political or scientific value.
Any wall, dam, wharf, embankment, levee, dike, pike abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area, which
may impede or change the direction of the flow of water either in
itself by catching or collecting debris carried by such water or is
placed where the flow of water might carry the same downstream to
the damage of life and a lot.
A certificate issued by the Zoning Officer that the construction
and use for which the permit applies may be occupied.
A building designed or used primarily for medical and/or
professional office purposes.
A development which contains a number of separate office
buildings, accessory uses, and open space, all designed, planned,
constructed and maintained on a coordinated basis.
As defined herein, offices shall be limited to the following:
BUSINESS OFFICEA business establishment which generally operates on a first-come, first-served basis and which has relatively high pedestrian or customer traffic throughout the entire year, including utility payments, etc.
PROFESSIONAL OFFICEA business establishment which generally serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of accountants, architects, attorneys, consultants, designers, engineers, insurance agents, medical professionals, realtors, and the like.
MEDICAL/DENTAL OFFICEA use where at least one licensed or professionally certified medical professional provides diagnostic health, medical, surgical, psychological 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 minor operating rooms and a dispensary, providing that all such uses have access only from the interior of the building or structure.
The map setting forth the boundaries of the zoning districts
of the Borough, which shall be part of this chapter.[3]
Not transparent or translucent; impenetrable to light; not
allowing light to pass through.
An area of land used for outdoor dining that adjoins a restaurant
and is located entirely within the boundaries of said lot.
A dining area with seats and/or tables located outdoors of
a restaurant, coffee shop or other food service establishment, and
which is contiguous to said establishment restaurant.
The location of any goods, wares, merchandise, commodities,
junk, debris or any other item outside of a completely enclosed building
for a continuous period longer than 24 hours.
A business establishment licensed by the Pennsylvania Liquor
Control Board and whose principal business is the retail sale alcohol
beverages in sealed containers and not for consumption on the premises.
Any public or private lot or portion of a lot, including
access drive(s) that provide access to the parking spaces.
A scaled drawing that graphically depicts the proposed parking
associated with a development of a lot, parcel or tract of land accurately
depicting 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 parking and off-street parking facilities.
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.
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.
An area wholly within a public street right-of-way, constructed
to accommodate the storage of a vehicle as required by this chapter.
A common wall between two attached structures, buildings
or dwelling units.
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 and by Official Maps; to promote conservation
of energy; to establish planning commissions, planning departments
and zoning hearing boards.
An individual(s), partnership(s), copartnership(s), association(s),
corporation(s), limited liability company(ies), limited liability
partnership(s), and any and all other entities.
Any premises in which food, shelter and personal assistance
or home supervision are provided for a period exceeding 24 hours for
four or more adults who are not relatives of the operator, who do
not require the services in or of a licensed long-term care facility
but who do require assistance or supervision in such matters as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self-administration.
A business establishment providing domestic commodities and
services pertaining to the person, their apparel or personal effects,
including, but not limited to, shoe repair, tailoring, clothes cleaning,
watch repairing, barbershops, beauty parlors, massage therapy establishments
and related activities.
Uses accessory to the primary residential uses within a life
care facility/senior living center and designed to provide a variety
of services primarily to the residents of a life care facility/senior
living center, including, but not limited to, beauty parlors and barbershops,
assembly areas, gift shops, post office, bank, pharmacy, medical office,
laundry, and adult or child day-care center.
A business establishment substantially devoted to the sale
of sundries and pharmaceutical items, supplies and equipment such
as prescription drugs.
A lighting plan that indicates:
A building and/or lot that is designed for the assembly or
collection of persons for civic, political, religious, educational
or social purposes, and where recreation, amusement or dining may
occur as accessory activities. A place of assembly does not include
a private club.
A building use and/or lot where people regularly observe,
practice or participate in religious or spiritual services, meetings
and/or activities.
The Sewickley Borough Planning Commission appointed by the
Borough Council in accordance with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
A map or layout plan that indicates the location, boundaries
and ownership of any land, lot, tract, street or parcel that has been
or is planned to be subdivided. The individual properties shall conform
to lots as designated on the Official Zoning Map.
A roofed structure projecting from the front, side and/or
rear wall of a building where said structure is an entrance and/or
transition between the exterior and interior of the principal structure
of the lot.
Any container designed for the storage of personal property,
where said container is transportable by vehicle and is typically
rented for temporary use. Portable storage units shall not include
shipping containers.
A building or structure used and maintained by the Postal
Service of the United States of America for the purpose of collecting
and/or distributing mail to the public.
A building or structure on a lot containing the primary use.
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 a consumer services establishment.
Not publicly owned, operated or controlled.
A for-profit or not-for-profit establishment operated by
a private organization for social, recreational, educational or fraternal
purpose, but open only to members and their guests and not to the
general public.
An area of land other than a public street or alley used
for the temporary parking of two or more motor vehicles that is available
for private use, whether free, for compensation, or as an accommodation
for clients, customers, employees or residents.
The practice of a licensed or certified professional, including,
but not limited to, attorney, accountant, actuary, financial planner,
insurance agent, medical occupation, engineer, surveyor, architect,
landscape architect, planner or similar profession as entitled to
practice under the laws of the Commonwealth of Pennsylvania.
Owned, operated or controlled by a government or authorized
entity (federal, state or local, including a school, corporation and/or
board created by law for the performance of certain specialized governmental
functions).
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code, Act 247, as amended.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[4]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
An area of land other than a street or right-of-way used
for the temporary parking of two or more motor vehicles and available
for public use, whether free or for compensation.
A lot or portion of land specifically defined or set aside
for use by and for the general public in both active or passive recreational
uses; and includes all landscaping, facilities and apparatus, playing
fields, utilities, buildings and other structures that are consistent
with the general purposes of public parkland, and whether or not such
recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning
the land.
A building, structure, lot or portion of a lot which, under
public franchise or other lawful relationship, provides the public
with transmission and communications services, electric distribution
or other similar facilities or services.
A building, structure, lot or portion of a lot utilized for
the provision of maintenance and construction of public facilities
as conducted by the Borough and any Borough related municipal authority.
A barrel used as a cistern to hold rainwater.
A depressed area of ground that is landscaped with vegetation,
allowing runoff from impervious surfaces the opportunity to be collected
and infiltrated into the soil or returned to the atmosphere through
evaporation and evapotranspiration.
A business establishment generally intended for use by all
ages that provides recreation or entertainment, including but not
limited to swimming pools, dance halls, bowling alleys, billiard and
pool halls, video and other coin-operated game parlors, miniature
golf courses, indoor rifle range and indoor archery range.
COMMERCIALSaid establishment typically owned by a private-sector entity(ies).
NOT-FOR-PROFIT PRIVATESaid establishment typically owned by a not-for-profit entity(ies).
PUBLICSaid establishment owned and/or operated by a Borough entity or representative of the Borough.
A vehicle with or without an engine for operation and with
or without wheels, that is utilized for leisure and/or travel purposes
and not for use as a dwelling unit, which is:
Built on a single chassis.
Less than or equal to 400 square feet.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Not intended for use as a permanent dwelling but rather as temporary
living quarters for recreational, camping, travel or seasonal use.
Includes motor homes.
Includes truck campers - camping unit that is loaded onto or
affixed to the bed or chassis of a pickup.
The act of improving by renewing and restoring; the act or
process of rehabilitating or rejuvenating a blighted area or accommodating
new development within the context of existing streets and buildings.
The act of removing an existing building/structure and constructing
a new building/structure.
An establishment which carries on investigation in the natural,
physical or social sciences or engineering and development as an extension
of such investigation with the objective of creating end products,
and which may include the initial manufacturing of developed products
as an accessory use.
A building containing one or more of the following dwelling
units: single-family detached; two-family attached - flats; two-family
attached - duplex; multifamily - apartment and/or multifamily - townhouse.
A business establishment where food is prepared and intended
to be served to patrons at tables for consumption on the premises.
Such business may or may not include drive-through facilities.
A business establishment which serves ready-to-eat food,
desserts or beverages available upon a short waiting time, generally
in disposable containers or wrappers for immediate consumption off
the premises, typically including a public service area with counter
and queuing areas and no table service.
A business establishment located entirely within an enclosed
building equal to or more than 7,000 gross square feet, which sells
goods, services or merchandise to the general public for personal,
household or office consumption, and which may include wholesaling
but shall not include manufacturing or processing of the goods offered
for sale.
A business establishment located entirely within an enclosed
building less than 7,000 gross square feet, which sells goods, services
or merchandise to the general public for personal, household or office
consumption, and which shall not include wholesaling, manufacturing
or processing of the goods offered for sale.
An area of land that is legally described for the public
or private provision of access.
The top ridge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette.
An institution, building or structure operated by an organization,
having regular sessions, with regularly employed instructors and meeting
all of the requirements of the Pennsylvania Department of Education
for providing primary, secondary, postsecondary, undergraduate and/or
graduate collegiate education. This definition shall not include privately
operated, for-profit trade, vocation, avocation or business schools.
The process by which soil, mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is typically referred
to as "sediment."
The minimum distance from a lot line required by this chapter
where a building or structure may be built. See Figures 1, 5, 6 and
10. in this chapter.
A legal agreement between two parties providing leased parking
spaces to satisfy the provision of off street parking spaces required
by this chapter. A shared parking agreement shall specify the quantity
of spaces, location, lease terms and uses to be served by the off-site
parking spaces, as well as any other mutually agreed to term requirements
and signatures.
Any heavy-gauge steel container designed for transporting
cargo on a marine freighter vessel, flatbed truck or flatbed railroad
car, or a container manufactured to the same strength and weight specifications
that is similar in design or function to such a container, but excluding
a portable storage unit.
The rental or offer for rental of a dwelling unit or any
portion of a dwelling unit for a period of less than 30 days. "Short-term
rental" does not include:
[Added 12-13-2022 by Ord.
No. 1381]
A permit authorizing the occupation of a dwelling unit for
short-term rental pursuant to the short-term rental regulations and
permitting requirements established via Sewickley Borough Ordinance
No. 1380 of 2022.[5]
[Added 12-13-2022 by Ord.
No. 1381]
A dwelling unit, or a portion of a dwelling unit, that has
been lawfully established as a permitted residential use and is offered
to guests for short-term rental purposes, as defined herein. "Short-term
rental unit" does not include:
[Added 12-13-2022 by Ord.
No. 1381]
A structure or any part of a structure not intended for human
occupancy, including space in utility sheds, garages, attics, or basements
that is not designed, inspected, and licensed to ensure proper certification
for human occupancy.
A camper, tent, or vehicle, including a recreational vehicle.
Rooms or suites at hotels.
Accommodations at bed-and-breakfast establishments properly
approved by the Borough.
Health care facilities licensed by the state.
Any outdoor dining area located in a public sidewalk or right-of-way
that is associated with and accessory to an adjacent restaurant or
other eating and drinking establishment.
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-FRAME SIGN— Any sandwich board or sign structure with
a triangular cross section.
[Amended 8-13-2019 by Ord. No. 1367]
ADA SIGNSAny sign needed for a facility or building to achieve compliance with the requirements of the Americans With Disabilities Act.
AWNING SIGNAn awning with advertising and/or graphic content.
BANNERA sign intended to be hung across or within a public right-of-way, and includes pennant or streamer designs.
BILLBOARDA sign with a changeable message or display which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located.
BULLETIN BOARDA nonelectronic structure constructed with flat face(s), used for posting notices.
DIRECTIONAL SIGNA sign directing traffic but bearing no advertising matter.
DIRECTORYA sign listing businesses or occupants of a building. A directory is located at or near an entrance to a building.
FLAGA piece of cloth or bunting varying in size, color and design, used as a symbol, sign, signal, emblem or advertisement.
GROUND SIGNAny sign supported by uprights or braces placed upon the ground and not attached to any building or the structure, having no more than two faces, and not exceeding 10 feet above the surrounding ground surface.
HOME OCCUPATION SIGNA sign permitted in association with an occupation conducted on the premises within a dwelling unit occupied by the operator of the business.
ILLUMINATED SIGNAny sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.
MOBILE SIGNSigns on wheels, runners, casters, parked trailers, parked vehicles or other mobile devices.
MOTION SIGNAny illuminated or nonilluminated sign on or in which the light source or elements of the sign itself are not constant or stationary.
POLE SIGNA 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.
PROJECTING SIGNA two-sided sign attached perpendicular to the building face.
RESIDENTIAL DISTRICT SIGNA sign located in any residential zoning district, R-1, R-1A or R-2.
ROOF SIGNAny sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building or the top side of a marquee with the principal support on the roof structure or the marquee.
SCULPTURAL FEATURE SIGNA three-dimensional sculptural feature, which may hold a sign and where said feature rests upon, but is not permanently anchored or attached, to the ground. The feature is permitted with or without wording.
[Amended 8-13-2019 by Ord. No. 1367[6]]
TEMPORARY SIGNA wall, window, awning, projecting or ground sign relating to brief activity but not to exceed 15 days or a Borough-authorized A-frame or sculptural feature sign.
[Amended 8-13-2019 by Ord. No. 1367]
WALL SIGNAny sign painted on, attached to or erected against the wall of a building, the front or sides of a marquee or canopy with the exposed face of the sign in a plane parallel to the plane of the wall or the marquee or canopy so that only one side is visible.
WAYFINDING SIGNA permanent or temporary sign which displays copy associated with an off-premise use.
[Added 8-13-2019 by Ord.
No. 1367[7]]
WINDOW SIGNA sign attached to, placed upon or painted on the interior or exterior of a window or door of a building or otherwise intended for viewing from the outside of the building.
A certificate issued by the Zoning Officer, attesting that
the proposal for the design, construction and maintenance of a sign
has been reviewed and approved in accordance with the requirements
of this chapter.
That portion of an awning parallel with the building facade.
A continuous portion of a building unbroken by doors, windows,
any other sign or architectural features extending more than 12 inches
from the face of the building on any one face of the building. It
is calculated by drawing a rectangle within the area and computing
the square footage of the rectangle.
A scaled drawing that graphically depicts the proposed development
of a lot, parcel or tract of land, describing all covenants assigned,
as well as accurately depicting the use, location and bulk of all
buildings and structures; intensity of use or density of development;
streets, driveways, drive-through locations, sidewalks, rights-of-ways,
easements, parking facilities (including handicapped spaces); open
space, public facilities and utilities; all required setbacks and
materials and other such data necessary for municipal officials to
determine compliance with this chapter and appropriate provisions
of other such ordinances as they may apply.
A business establishment specializing in the rehabilitation
of appliances, small engines, outboard motors, go-carts, bicycles,
guns, locks, electrical devices and small business machines.
Radiant energy, including direct, diffused and reflected,
produced by the sun.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building, structure or on
the ground, and whose primary purpose is to provide for the collection,
storage and distribution of solar energy for space heating or cooling
for water heating or for electricity.
A business establishment which employs therapists licensed
by the Pennsylvania State Board of Massage Therapists, whose services
include massage and body or facial treatments. Salons, food service,
retail and health/beauty-related consultation/application may also
be provided as additional services.
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it. A basement shall be counted as a story when more than
1/2 of such basement height is above the finished grade level.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The right-of-way line of a street.
The distance between street lines measured at right angles
to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A business establishment used by an artist, photographer
or artisan or used for radio or television broadcasting.
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.
Damage from any cause sustained by a structure, whereby 50%
or more of the gross floor area (GFA) of the structure has been damaged.
The increase in GFA occupied by the use of the structure
by more than 25% of the GFA existing on the date of enactment of this
chapter.
Any reconstruction, rehabilitation, addition or other improvement
of a structure in which the finished floor area of the structure is
increased, the cost of which equals or exceeds 50% of the assessed
value of the structure (as taken from the Allegheny County Property
Assessment) before the start of construction of the improvement. This
term includes structures which have incurred substantial damage, regardless
of the actual repair work performed. The term does not, however, include
any project to correct existing violations of state or local health,
sanitary or safety and building codes specifications which have been
identified by the Zoning Officer and which are the minimum necessary
to assure safe living conditions.
A water-filled enclosure, permanently constructed or portable,
used and maintained for swimming and bathing.
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served
only as an accessory use, where live entertainment (non-adult-facility-oriented)
may also be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
A structure without any foundation or footings and which,
by the type and materials of its construction, is not permanent in
nature.
A building or structure operated as a not-for-profit or business
establishment, inside a completely enclosed building, devoted to showing
pictures and/or live dramatic or musical performances. A theater may
contain an auditorium in addition to other performance-related facilities.
Adult theaters are excluded in this definition.
The degree to which something is transparent.
The condition/state of being clear, unobstructed by signage,
interior graphic elements, reflective coating, translucent or textured
finish, racking or any type of fixed furniture that can be seen through
from both the interior and exterior of the structure.
A building, structures, lot or portion or a lot for the purpose
of storing, servicing, repairing or loading trucks or transport trailers
as licensed by the Pennsylvania Public Utilities Commission.
Any lot or portion of a lot which has not been graded, improved
or prepared for the construction of a building, structure or improvement.
The purpose or activity for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
A use customarily incidental and subordinate to the principal
use of the principal structure and located on the same lot with such
principal use or principal structure.
Any use allowed by right in a zoning district as regulated
by this chapter.
The primary use of the lot, building or structure. There
may be more than one principal or main use on a lot when permitted
by district regulations.
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.
A facility operated for the general public for distributing
water, gas, electricity, oil or steam or collecting sanitary sewage
by means of a network of overhead or underground conduits and requiring,
at various locations, to maintain efficiency of the system, pumping,
regulating, transforming, switching or other devices or structures,
but not including business offices.
Relief granted by the Zoning Hearing Board from requirements
of this chapter and as authorized by the Pennsylvania Municipalities
Planning Code.
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, but excluding the boarding and grooming of animals not subjected
to medical or surgical treatment.
See "fence."
The total sound level in decibels of all sound as measured
with a sound level meter with a reference pressure of 20 micro-pascals
using the "A" weighted network (scale) at slow response. The unit
of measurement shall be defined as decibel level (dBA).
Those areas which are inundated by water with sufficient
frequency to support an assemblage of organisms that are adapted to
saturated or seasonally saturated soil conditions for growth and reproduction,
including, but not necessarily limited to, swamps, marshes, bogs,
sloughs, wet meadows, river floodplains, mud flats and wet prairies.
A business establishment primarily engaged in selling merchandise,
dry goods and food stuffs to retailers, institutional, commercial
or professional business customers or other wholesalers, not to the
general public. The activities may include the merchandise warehousing
and distribution.
The blades, plus hub to which the blades are attached, that
are used to capture wind for the purpose of energy conversion. The
wind rotor is used on a pole or tower and, along with other generating
and electrical storage equipment, forms a wind energy conversion system.
A device which converts wind energy by means of a wind rotor
to mechanical or electrical energy. Wind turbine may also be known
as a wind generator or a windmill and includes the rotor blades, nacelle
and tower.
The portion of a lot between the principal building/structure
and the lot line. Where the configuration of a principal building/structure
or a lot makes it difficult to discern the location of yards, the
Zoning Officer shall establish such yards.
FRONT YARDThe space extending the full width of the lot and situated between the front lot line and the front of the principal building/structure. In the case of a lot with multiple buildings/structures, the front yard shall be set in accordance with the principal building/structure in closest proximity to the front lot line.
INTERNAL YARDAny area on a lot with multiple principal buildings/structures where said area is located between two building/structure facades, and/or between a building/structure facade and another prescribed internal yard, and/or between two internal yards.
REAR YARDThe space extending the full width of the lot and located between the rear lot line and the rear of the principal building/structure. In the case of a lot with multiple principal buildings/structures, the rear yard shall be set in accordance with the building/structure in closest proximity to the rear lot line.
SIDE YARDThe space located between the side lot line and the side of the principal building/structure and extending from the front yard to the rear yard. In the case of a lot with multiple principal buildings/structures, the side yard shall include any remaining area not defined as an internal yard, front yard or rear yard.
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Figure 4: Typical Yard Location:
Single principal building/structure
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Multiple principal buildings/structures - single right-of-way
frontage
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Multiple principal buildings/structures - multiple right-of-way
frontages
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A geographical area with boundaries that includes surface
areas as indicated on the Official Zoning Map.
The Borough Zoning Hearing Board appointed by the Borough
Council in accordance with the Pennsylvania Municipalities Planning
Code, Act 247, as amended.
The duly appointed Borough official designated to administer
and enforce this chapter.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
[2]
Editor's Note: See the Engineer, Land Surveyor and Geologist
Registration Law, 63 P.S. § 148 et seq.
[3]
Editor's Note: The Official Zoning Map, Maps 1 through 4, is included as an attachment to this chapter.
[4]
Editor's Note: The Sunshine Act of 1986 was repealed 10-15-1998
by P.L. 729, No. 93; see now the Sunshine Act, 65 Pa.C.S.A. §
701 et seq.
[8]
Editor's Note: A copy of the Village Overlay Design Manual is included as an attachment to this chapter.
