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:
ACCESSORY STRUCTURE OR USE
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.
ADULT ARCADE
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]
ADULT BOOKSTORE or ADULT VIDEO STORE
[Added 1-27-2015 by Ord. No. 1238]
A. 
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:
(1) 
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
(2) 
Instruments, devices or paraphernalia which are designed for, use in connection with specified sexual activities.
B. 
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.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
[Added 1-27-2015 by Ord. No. 1238]
A. 
Persons who appear in the state of nudity; or
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. 
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.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
[Added 1-27-2015 by Ord. No. 1238]
A. 
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
B. 
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.
ADULT MOTION PICTURE THEATER
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]
ADULT THEATER
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]
ALLEY
A narrow serviceway providing a secondary public means of access to the rear or side of properties otherwise abutting on a street.
ALTERATION
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.
AMUSEMENT ARCADE
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.
ANTENNA
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]
APARTMENT
See "dwelling unit, multifamily dwelling."
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his/her heirs, successors and assigns.
BASEMENT or CELLAR
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.
BILLBOARD
A sign, other than one indicating a business conducted on the premises, upon which advertising matter of any character is printed, posted or lettered; it may be either free-standing or attached to the surface of a building or other structure, or applied directly to the surface. (See also "sign.")
BOARDING HOME
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
Borough of Springdale.
[Added 1-27-2015 by Ord. No. 1238]
BUFFER AREA
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.
BUILDING
Any covered structure that is permanently affixed to the land.
BUILDING AREA
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.
BUILDING 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.
BUILDING PERMIT
A permit issued by the Zoning Officer prior to construction, reconstruction, alteration or extension of any building or structure.
BULK
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.
BUSINESS AND PROFESSIONAL OFFICE
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.
BUSINESS CONVERSION
A conversion of existing dwellings to business uses.
CHURCH
A building used as a place of religious worship or teaching.
COMMERCIAL
Engaging in a business, enterprise, activity, or other undertaking for profit.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, 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.
COMMUNICATIONS 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]
CONDITIONAL USE
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.
CORNER LOT
(See "lot, corner.")
COUNCIL
Springdale Borough Council.
COURT
An open, unoccupied, uncovered space partially or wholly surrounded by the walls of a building or structure.
COVERAGE
See "lot coverage."
DAY
Days shall be measured by calendar days wherever a time period is stipulated in this chapter.
DAY-CARE FACILITY
A facility providing custodial care, supervision and/or instruction for adults or children, licensed to operate as such by the Commonwealth of Pennsylvania.
DWELLING UNIT
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.
A. 
SINGLE-FAMILY DWELLINGA detached residential dwelling unit, other than a mobile home, occupied by only one family.
B. 
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.
C. 
MULTIFAMILY DWELLINGA residential building containing three or more separate dwelling units.
EATING AND DRINKING ESTABLISHMENT
A place for the sale and consumption of food and/or beverages to the general public, which includes restaurants, bars, taverns and similar establishments.
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
ESCORT
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]
ESCORT AGENCY
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]
FAMILY
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.
FENCE
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.
FRONT YARD
(See "yard, front.")
GARAGE
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.
GASOLINE SERVICE STATIONS
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.
GROUP RESIDENCE
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.
HEIGHT, MAXIMUM
A. 
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.
B. 
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.
HOME OCCUPATION
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.
HOTEL/MOTEL
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.
INSTITUTIONAL FACILITY
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.
LANDOWNER
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.
LOADING SPACE, OFF-STREET
Space conveniently located, accessible and properly designed for the temporary use by vehicles making bulk pickups or deliveries of merchandise or materials.
LOT
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.
LOT AREA
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.
LOT COVERAGE
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.
LOT DEPTH
The distance between the midpoints of the front lot line and the rear lot line.
LOT LINE, FRONT
A street right-of-way line forming the boundary of a lot.
LOT LINE, REAR
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.
LOT LINE, SIDE
A lot line which is neither a front lot line nor a rear lot line.
LOT WIDTH
The distance between the side lot lines measured at right angles to the lot depth at the established front building line.
LOT, CORNER
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°.
MANUFACTURING
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.
MAXIMUM HEIGHT
(See "height, maximum.")
MIXED USE or OCCUPANCY
The conduct or carrying on of two or more uses of one building.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of 1968 (P.L. 805), as amended, 53 P.S. § 10101 et seq.).
NUDE MODEL STUDIO
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]
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
[Added 1-27-2015 by Ord. No. 1238]
NURSING HOME
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.
OCCUPANCY PERMIT
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.
PARKING SPACE
An off-street space available for parking of a motor vehicle which has a hard, all-weather surface.
PERMITTEE AND/OR LICENSEE
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]
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
[Added 1-27-2015 by Ord. No. 1238]
PLANNING COMMISSION
The Springdale Borough Planning Commission.
PRINCIPAL BUILDING
A building or buildings in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL USE
The main use of land or structures as distinguished from a subordinate or accessory use.
PRIVATE
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.
PRIVATE CLUB
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.
PUBLIC
Of or pertaining to any building, structure, use or activity belonging to, or affecting, any duly authorized government body.
PUBLIC NOTICE
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.
RESIDENTIAL CONVERSION
Conversion of schools, churches or places of worship to residential use.
RESIDENTIAL USES
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.
RETAIL USES
Commercial establishments engaged in selling merchandise directly to customers for personal or household consumption and rendering services incidental to the sale of goods.
ROOMING HOUSE
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.
SCHOOL
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.
SCREEN
Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.
SEMINUDE
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]
SEXUAL ENCOUNTER CENTER
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]
A. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex or the same sex; or
B. 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ANATOMICAL AREAS
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]
SIGN
A structure that is arranged, intended, designed or used to advertise, announce or direct; or any device, illustration, description or identification posted, painted or placed in some fashion on a building, structure or any surface for such a purpose. For the purpose of removal, "signs" shall also include all sign structures.
A. 
WALL SIGNA sign attached to or erected against a wall of a building, with the face horizontally parallel to the building wall.
B. 
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."
C. 
OUTDOOR ADVERTISING SIGN(See "billboard.")
D. 
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.
SIGN AREA
The area defined by the frame or edge of a sign, excluding the necessary supports or uprights on which the sign may be placed. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the copy or letters of the said sign. If the sign consists of more than one section or module, all areas shall be totaled.
SPECIFIED ANATOMICAL AREAS
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]
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
[Added 1-27-2015 by Ord. No. 1238]
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. 
Masturbation, actual or simulated; or
D. 
Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C above.
STREET
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.
STREET LINE
The line defining the edge of the legal width of a street right-of-way.
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."
STRUCTURE
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.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS
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]
SWIMMING POOL
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.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which electronic receiving, relay or transmitting equipment for a communication facility is housed.
[Added 3-20-2001 by Ord. No. 1198]
TOWER
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]
TOWER SITE
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]
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
[Added 1-27-2015 by Ord. No. 1238]
A. 
The sale, lease, or sublease of the business;
B. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. 
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.
USE
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.
VARIANCE
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.
WHOLESALE USES
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.
YARD
An open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
YARD, FRONT
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."
YARD, REAR
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.
YARD, SIDE
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."
ZONING HEARING BOARD
The Zoning Hearing Board of Springdale Borough.
ZONING OFFICER
The official designated by Borough Council to administer and enforce this chapter.