For the purpose of this chapter, certain terms and words used
herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the future.
B.
Words in the singular shall include the plural.
C.
The word "person" includes a corporation, company, partnership and
association, as well as an individual.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The term "shall" is always mandatory.
F.
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designated
to be used or occupied."
G.
The word "building" includes the word "structure."
As used in this chapter, the following terms shall have the
meanings indicated:
A use, building or structure, the use of which is customarily
incidental and subordinate to the main or principal use, building
or structure and which is located on the same lot therewith.
Any place to which the public is permitted or invited where
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
[Added 1-27-2015 by Ord.
No. 1238]
[Added 1-27-2015 by Ord.
No. 1238]
A commercial establishment, which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for,
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore or adult video store.
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult
video store so long as one of its principal business purposes is the
offering for sale or rental for consideration the specified materials
which depict or describe specified sexual activities or specified
anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
[Added 1-27-2015 by Ord.
No. 1238]
Persons who appear in the state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction of description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
[Added 1-27-2015 by Ord.
No. 1238]
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, and
has a sign visible for the public right-of-way which advertises the
availability of this adult type of photographic reproductions; or
Offers any single sleeping room for rent four or more times
in one calendar day during five or more calendar days in any continuous
thirty-day period.
A commercial establishment where, for any form or consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
of description of specified sexual activities or specified anatomical
areas.
[Added 1-27-2015 by Ord.
No. 1238]
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in the state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
[Added 1-27-2015 by Ord.
No. 1238]
A narrow serviceway providing a secondary public means of
access to the rear or side of properties otherwise abutting on a street.
An incidental change, rearrangement, replacement or enlargement
in the structural parts or in the means of egress, whether by extending
on a side or by increasing in height; or the moving from one location
or position to another; or by change in use from that of one district
classification to another.
A business, or portion thereof, having on its premises for
use by the public five or more video or electromechanical devices
operated by inserting a coin or token.
A device used to transmit telecommunication or radio signals,
including panels, microwave dishes, and single poles known as "whips."
[Added 3-20-2001 by Ord.
No. 1198]
See "dwelling unit, multifamily dwelling."
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his/her heirs, successors
and assigns.
A story wholly or partly underground. A basement shall be
counted as a story for the purpose of height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet or if used for business or dwelling
purposes.
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 free-standing or attached to
the surface of a building or other structure, or applied directly
to the surface. (See also "sign.")
A facility, located in a residential area, where the resident
household provides room, board and specialized services to six or
fewer unrelated persons. These individuals may be children, handicapped,
elderly, or otherwise in need of specialized supervision and care.
This category of facility requires licensing as a personal care home
by the Commonwealth of Pennsylvania.
Borough of Springdale.
[Added 1-27-2015 by Ord.
No. 1238]
An area of land which may include natural or artificial land
forms or a planted area with shrubs, bushes, trees, grass or other
ground cover material, and within which no structure or building shall
be authorized except a wall or fence which meets requirements of this
chapter.
Any covered structure that is permanently affixed to the
land.
The area of the lot within the building lines, bounded by
the required yards; where there is not required yard, then bounded
by the lot line.
A line which designates the minimum distance that a building
must be erected from a street right-of-way line. Such distance shall
be measured at right angles from the front street right-of-way which
abuts the property upon which said building is located and be parallel
to said right-of-way line. The building line shall not include steps.
A permit issued by the Zoning Officer prior to construction,
reconstruction, alteration or extension of any building or structure.
The term used to describe the size of buildings and their
relationship to one another, to open areas, and to lot lines. Requirements
relating to the bulk include standards for size, including area, height
and floor area of a building; the number of dwelling units in a residential
building in relationship to the area of the lot; and areas in yards
or other open spaces.
The office of an engineer, doctor, dentist, attorney, real
estate broker, insurance broker, architect or other similar professional
person; and any office used primarily for accounting, correspondence,
research, editing or administration.
A conversion of existing dwellings to business uses.
A building used as a place of religious worship or teaching.
Engaging in a business, enterprise, activity, or other undertaking
for profit.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, and designed and intended
for the use or enjoyment of residents of the development, but excluding
streets, off-street parking areas, and areas set aside for public
facilities.
Any communications tower, including its equipment and associated
structures, operated by any person, agency, or corporation not otherwise
a public utility, or a municipal subdivision or agency thereof, as
defined herein, who or which furnishes mobile or domestic cellular
radio telecommunications services or other communication services
for public or private use, or is otherwise involved in receiving,
relaying or transmitting telecommunications or radio signals.
[Added 3-20-2001 by Ord.
No. 1198]
A use which may be permitted in one or more zoning districts
upon approval of Borough Council, which may grant approval pursuant
to express standards and criteria and the provisions of this chapter.
(See "lot, corner.")
Springdale Borough Council.
An open, unoccupied, uncovered space partially or wholly
surrounded by the walls of a building or structure.
See "lot coverage."
Days shall be measured by calendar days wherever a time period
is stipulated in this chapter.
A facility providing custodial care, supervision and/or instruction
for adults or children, licensed to operate as such by the Commonwealth
of Pennsylvania.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation. It shall not be deemed
to include hotels, boardinghouses or rooming houses, institutional
facilities and residence clubs.
SINGLE-FAMILY DWELLINGA detached residential dwelling unit, other than a mobile home, occupied by only one family.
TWO-FAMILY DWELLINGA detached building occupied by only two families, independent of each other, with the two units either attached side by side or one above the other.
MULTIFAMILY DWELLINGA residential building containing three or more separate dwelling units.
A place for the sale and consumption of food and/or beverages
to the general public, which includes restaurants, bars, taverns and
similar establishments.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
[Added 1-27-2015 by Ord.
No. 1238]
A person or business associated who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
[Added 1-27-2015 by Ord.
No. 1238]
An individual, or two or more persons related by blood or
marriage or adoption, living together in a dwelling unit; or a group
of not more than three persons who need not be related by blood or
marriage or adoption, living together as a single housekeeping unit
in a dwelling unit and sharing common facilities as considered reasonably
appropriate for a family related by blood, marriage or adoption; provided,
however, that "family" shall not include boarding homes, nursing or
convalescent homes, institutional facilities, group residences, dormitories,
fraternity houses, sorority houses, or similar uses.
Any structure constructed of wood, metal, wire, mesh or masonry
erected for the purpose of screening one property from another to
assure privacy, protection or confinement of the property. The term
"fence" shall include screening walls and hedges exceeding 30 inches
in height.
(See "yard, front.")
A fully enclosed building for the storage of motor vehicles,
not including buildings in which fuel is sold or repair or other service
is performed.
Building and premises where petroleum products, batteries,
tires and automobile accessories may be supplied and sold at retail,
and where services may be rendered in connection with these products,
including inspection, greasing, hand-washing, polishing, servicing
and adjustment of vehicles, providing no major repair work is done.
A facility located in a residential area which provides room,
board and specialized services to six or fewer unrelated persons,
such as children (under 18 years), handicapped or elderly (over 60
years) individuals. The individuals must be living together as a single
housekeeping unit with one or more adults providing qualified, twenty-four-hour
supervision. The group residence may be operated by a governmental
agent, certified agent or nonprofit corporation. This category shall
not include facilities operated by or under the jurisdiction of any
government bureau of corrections or similar institution.
The vertical distance measured from top of grade to the top
of the highest roof beams of a flat roof, or the mean level of the
highest gable or slope or a hip roof. Chimneys, flues, stacks, fire
escapes, gas holders, elevators, enclosures, ventilators, skylights,
water tanks and similar roof structures required to operate and maintain
the building on which they are located shall not be included in calculating
maximum height, but no such object shall exceed a total height of
60 feet when mounted on the building.
For the purposes of measurement, "grade" shall be the average
of finished ground level adjoining the building at all exterior walls.
When the finished ground level slopes away from the exterior walls,
the reference plans shall be established by the lowest points within
the area between the building and the lot line or, when the lot line
is more than six feet from the building, between the building and
a point six feet from the building.
An occupation conducted in a dwelling unit solely by members
of the family residing on the premises, provided such occupation shall
be clearly incidental and subordinate to the unit's residential
purpose and shall be conducted entirely within the principal residential
structure.
A building or group of buildings containing rooms which provide
sleeping accommodations for transient guests on a daily or weekly
basis. The term shall include motor hotel, motor inn, motor lodge,
tourist court, inn and similar uses.
A facility providing room and board for more than six persons
who are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services. The facility
shall be staffed on a twenty-four-hour basis by qualified personnel
and operated in accordance with the Commonwealth of Pennsylvania and
Allegheny County laws and regulations.
The legal or beneficial owner of land, including the holder
of an option or contract to purchase (whether or not such an option
or contract is subject to any condition); a lessee if he/she is authorized
under the lease to exercise the rights of the landowner, or other
person having a proprietary interest in the land, shall be deemed
to be a landowner.
Space conveniently located, accessible and properly designed
for the temporary use by vehicles making bulk pickups or deliveries
of merchandise or materials.
A tract of land in a plan of subdivision, consolidation or
land development, or any other parcel of land described in a deed
or legal instrument pursuant to the laws of the Commonwealth of Pennsylvania,
intended to be used as a unit for development or transfer of ownership.
The total area within the boundary of a lot, but excluding
the area of land that is within the street right-of-way of any abutting
public street.
That percentage of a lot which, when viewed directly from
above, would be covered by a structure or structures, or any part
thereof, excluding protecting roof eaves.
The distance between the midpoints of the front lot line
and the rear lot line.
A street right-of-way line forming the boundary of a lot.
The lot line that is most distant from, and is, or is most
nearly, parallel to the front lot line. If a rear lot line is less
than 15 feet long, or if the lot comes to a point at the rear, the
rear lot line shall be a line at least 15 feet long, lying wholly
within the lot, parallel to the front line. If a zoning lot has two
or more front lot lines, the owner or developer shall designate the
yard which is to be the rear yard.
A lot line which is neither a front lot line nor a rear lot
line.
The distance between the side lot lines measured at right
angles to the lot depth at the established front building line.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
The mechanical or chemical transformation of materials or
substances into new products, or the assembling of component parts
of manufactured items if the product is neither a structure or other
fixed improvement.
(See "height, maximum.")
The conduct or carrying on of two or more uses of one building.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968 (P.L. 805), as amended, 53 P.S. § 10101 et seq.).
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
[Added 1-27-2015 by Ord.
No. 1238]
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
[Added 1-27-2015 by Ord.
No. 1238]
An institution for the care of children, the aged or infirm,
duly licensed by the Commonwealth of Pennsylvania to provide intermediate
or skilled care, but not including facilities for surgical care or
institutions for the care and treatment of mental illness, alcoholism,
or narcotics addiction.
A permit used by the Zoning Officer before the occupancy
of any new or remodeled building, use of land, or change or use, which
certifies that all the requirements of this chapter and other applicable
ordinances have been met.
An off-street space available for parking of a motor vehicle
which has a hard, all-weather surface.
A person in whose name a licensing permit to operate a sexually
oriented business has been issued, as well as the individual listed
on the application for a licensing permit.
[Added 1-27-2015 by Ord.
No. 1238]
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
[Added 1-27-2015 by Ord.
No. 1238]
The Springdale Borough Planning Commission.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
The main use of land or structures as distinguished from
a subordinate or accessory use.
Of or pertaining to any building, structure, use or activity
limited to members of an organization or to other persons specifically
invited or permitted where no advertisement or inducement has been
made to the general public.
An association organized and operated not for profit for
persons who are bona fide members paying annual dues, and which owns,
hires, or leases premises, the use of which premises is restricted
to such members and their guests. The affairs and management of such
association are conducted by a board of directors, executive committee,
or similar body chosen by the members at their annual meeting. Food,
meals and beverages may be served on such premises, provided adequate
dining room space and kitchen facilities are available. Alcoholic
beverages may be sold or served to members and their guests, provided
such service is secondary and incidental to the promotion of some
other common objective of the organization, and further provided that
such sale or service of alcoholic beverages is in compliance with
all applicable federal, state, county and local laws.
Of or pertaining to any building, structure, use or activity
belonging to, or affecting, any duly authorized government body.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notices
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 no less
than seven days from the date of the hearing.
Conversion of schools, churches or places of worship to residential
use.
Those activities customarily conducted in living quarters
in an urban setting, and excludes such activities as the keeping of
livestock, activities resulting in noise which constitutes a nuisance
in a residential area, and activities which involve the storage, visible
from off the lot, of motor vehicle parts, machinery or parts, junk
or scrap material.
Commercial establishments engaged in selling merchandise
directly to customers for personal or household consumption and rendering
services incidental to the sale of goods.
A residential building other than a hotel in which all or
part of the building is used as a place where sleeping accommodations
are offered for hire for three or more persons.
Any public, private or parochial place of instruction, not
including institutions of higher learning, having regular sessions,
with regularly employed instructors, which teaches those academic
subjects that are fundamental and essential in general education and
which provide pre-primary and/or kindergarten through 12th grade,
or a vocational school, all meeting the requirements of the Department
of Education of the Commonwealth of Pennsylvania, but excluding any
privately operated school or trades, vocations, avocations or business.
Decorative fencing or evergreen vegetation maintained for
the purpose of concealing from view the area behind such structures
or evergreen vegetation.
A state of dress in which clothing covers no more than the
genitals, pubic region, areola of the female breast, as well as portions
of the body covered by supporting straps or devices.
[Added 1-27-2015 by Ord.
No. 1238]
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
[Added 1-27-2015 by Ord.
No. 1238]
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
[Added 1-27-2015 by Ord.
No. 1238]
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.
WALL SIGNA sign attached to or erected against a wall of a building, with the face horizontally parallel to the building wall.
FREESTANDING SIGNA sign on a free-standing frame, mast or poles and not attached to any building. Also known as a "ground or detached sign."
OUTDOOR ADVERTISING SIGN(See "billboard.")
TEMPORARY SIGNA sign which offers the premises for sale, rent or development, or advertises the services of professionals or building trades during sale, construction or alteration of the premises upon which the sign is located, or advertises special short-term activities.
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 or letters of the said sign.
If the sign consists of more than one section or module, all areas
shall be totaled.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
[Added 1-27-2015 by Ord.
No. 1238]
Includes any of the following:
[Added 1-27-2015 by Ord.
No. 1238]
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or other way, whether public or private, used
or intended to be used by vehicular or pedestrian traffic.
The line defining the edge of the legal width of a street
right-of-way.
The area of a street which is defined in deeds, plans, ordinances
or other public documents as the "location of a street."
Any assembled, erected or constructed object having a stationary
location on or in land or water, which is affixed to the land. This
includes, but is not limited to, gazebos, storage sheds or containers,
free-standing posts, pillars and similar uses.
The increase in floor areas occupied by the business by more
than 25% as the floor areas exist on the date of enactment of this
chapter.
[Added 1-27-2015 by Ord.
No. 1238]
A body of water in an artificial or semi-artificial receptacle
or other container, whether located indoors or out of doors, used
as a recreational facility for swimming, bathing or wading and having
a filtration system. A swimming pool shall be deemed to include all
equipment and appurtenances incidental to such a pool.
The building in which electronic receiving, relay or transmitting
equipment for a communication facility is housed.
[Added 3-20-2001 by Ord.
No. 1198]
A structure that is intended to support equipment used to
transmit and/or receive telecommunications or radio signals, including
monopoles and lattice-construction steel structures.
[Added 3-20-2001 by Ord.
No. 1198]
Any lot or parcel whereby a communications facility or facilities
(as defined herein) are located or proposed to be located.
[Added 3-20-2001 by Ord.
No. 1198]
Includes any of the following:
[Added 1-27-2015 by Ord.
No. 1238]
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of a
person possessing the ownership or control.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Permissive waivers from the terms of this chapter, granted
by the Zoning Hearing Board in cases where a literal enforcement of
provisions of the chapter will result in unnecessary hardship due
to special conditions that are not self-imposed and are determined
not to be contrary to the public interest and the spirit and intent
of this chapter.
Commercial establishments primarily engaged in selling merchandise
to retailers; to industrial, commercial, educational, farm or professional
business users; to other wholesalers; or acting as agents or brokers
in buying merchandise for, or selling merchandise to, such persons
or companies.
An open space on a lot which is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein.
A yard extending along the full length of a front lot line
and back to the required building line. On a corner lot, each yard
that abuts a front lot line shall be considered a "front yard."
The required open space extending from the rear of the main
building to the rear lot line (not necessarily a street line) across
the entire width of the lot.
The required open space between the side (face) of any building
and the side lot line, extending from the front yard to the rear yard.
Any lot line not a rear line or a front line shall be deemed as a
"sideline."
The Zoning Hearing Board of Springdale Borough.
The official designated by Borough Council to administer
and enforce this chapter.
