Certain words in this chapter are defined below. Words used
in the present tense shall include the future; the singular number
shall include the plural, and the plural the singular; and the word
"shall" is mandatory and not permissive.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors,
assigns or agents.
[Added 6-2-2022 by Ord.
No. 2022-2]
Area of a lot or site shall be calculated from dimensions
derived by horizontal projection of the site.
Banks, savings and loan associations, and similar institutions
that hold deposits, lend money, or are engaged in banking- and finance-related
businesses.
[Added 6-2-2022 by Ord.
No. 2022-2]
A story having more than 50% of its clear height below finished
grade.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
The Borough of Oakdale, Allegheny County, Pennsylvania.
[Added 6-2-2022 by Ord.
No. 2022-2]
The governing body of the Borough of Oakdale, Allegheny County,
Pennsylvania.
[Added 6-2-2022 by Ord.
No. 2022-2]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by the Borough Council to serve as
the Engineer for the Borough.
[Added 6-2-2022 by Ord.
No. 2022-2]
An attorney licensed as such in the Commonwealth of Pennsylvania,
duly appointed by the Borough Council to serve as the Solicitor for
the Borough.
[Added 6-2-2022 by Ord.
No. 2022-2]
An immobile structure enclosed within exterior walls or firewalls,
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure, or support of individuals, animals
or property of any kind.
[Added 6-2-2022 by Ord.
No. 2022-2]
Any business activity which renders service to other commercial
or industrial enterprise.
Hand- or machine-washing of automobiles, including steam
cleaning, and detailing of vehicles.
[Added 6-2-2022 by Ord.
No. 2022-2]
A structure to house chickens; must be properly ventilated,
heated, and protected from weather, vermin, and predators.
[Added 3-14-2019 by Ord. No. 2019-1]
Within this code, "chicken" refers only to a female chicken.[1]
[Added 3-14-2019 by Ord. No. 2019-1]
An establishment operated for social, recreational, or educational
purposes but open only to members and not the general public.
An authorized use which may be granted only by the Borough
Council pursuant to express standards and criteria prescribed in this
chapter, and after a public hearing conducted by the Borough Council
pursuant to public notice.
[Added 6-2-2022 by Ord.
No. 2022-2]
A retail establishment offering for sale a limited selection
of goods such as food products, household items, and other goods commonly
associated with the same and generally having a gross floor area of
less than 10,000 square feet. Convenience stores may sometimes be
located in conjunction with a gas/fuel station and/or service station
use, but only when the gas/fuel station and/or service station use
is also allowable in the Zoning District.
[Added 6-2-2022 by Ord.
No. 2022-2]
That percentage of the lot area covered by principal and
accessory use structures.
A facility, licensed by the Commonwealth of Pennsylvania,
located within a building which is not used as a residential dwelling
unit, for the care of children under the age of 16 for a portion of
a twenty-four-hour day. This land use classification includes nursery
schools which provide daytime care and/or instruction for two or more
children of preschool age. Day care for fewer than four children shall
be permitted as a no-impact home-based business.
[Added 6-2-2022 by Ord.
No. 2022-2]
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the MPC to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Allegheny County.
[Amended 6-2-2022 by Ord.
No. 2022-2]
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under Chapter 315, Subdivision and Land Development, or planned residential development ordinances. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
A business that orients the sale of goods or services to
those remaining in their vehicles while business transactions occur
at a pickup window. Drive-through facilities shall be considered accessory
uses which are attached to another authorized principal use which
involves a window, service lane, bay, or other facility where customers
are provided services either inside or outside their vehicles and
where cars may or may not wait in line to access these services, including,
but not limited to: drive-in or drive-through windows at fast-food
restaurants, banks, drug stores or other businesses, exterior automated
teller machines (ATMs), quick oil-change facilities, car washes and
similar automotive services, and other such facilities.
[Added 6-2-2022 by Ord.
No. 2022-2]
A private vehicular access route serving only one parcel
or lot which provides access to a public street or private street,
but which does not provide access to any other lot or parcel under
separate ownership.
[Added 6-2-2022 by Ord.
No. 2022-2]
Any structure designed or used as the living quarters for
one or more families.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
street signs, 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
structures.
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boarding house, lodging house, club, fraternity, or hotel.
A building(s), premises, or portions thereof, which are used,
arranged, designed, or intended to be used for the retail sale of
gasoline or other fuel for motor vehicles. This land use classification
shall include electric recharge stations for electric motor vehicles.
Gas stations may include the operation of a convenience food store
in conjunction with the retail sale of petroleum products. Gas/fuel
stations may sometimes be located in conjunction with a convenience
store and/or service station use, but only when the convenience store
and/or service station use is also allowable in the zoning district.
[Added 6-2-2022 by Ord.
No. 2022-2]
The sum of all gross horizontal areas of several floors of
a building or buildings, measured from the exterior faces of exterior
walls, or from the center line of common walls separating two buildings,
but not including interior parking spaces, loading space for motor
vehicles, or any space where the floor-to-ceiling height is less than
six feet. Gross floor area includes stairwells, all rest rooms, lobby
areas, floor space for mechanical equipment and all other common areas
and basements.
[Added 6-2-2022 by Ord.
No. 2022-2]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling, but which does not meet the requirements of a no-impact
home-based business.
[Amended 6-2-2022 by Ord.
No. 2022-2]
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, parking
and driveway areas, graveled areas, sidewalks, and paved recreation
areas.
[Added 6-2-2022 by Ord.
No. 2022-2]
The processing and fabrication of any article, substance
or commodity.
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.
A 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 residential
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 an enterprise 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 condition); a lessee, if he or
she is authorized under the lease to exercise the rights of the landowner;
or other persons having a proprietary interest in the land.
[Added 6-2-2022 by Ord.
No. 2022-2]
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, air pollution,
fire hazard, or noxious emission which will disturb or endanger neighboring
properties. Light manufacturing includes the production of the following
goods:
Home appliances.
Electrical instruments.
Office machines.
Precision instruments.
Electronic devices.
Timepieces.
Jewelry.
Optical goods.
Musical instruments.
Novelties.
Wood products.
Printed material.
Lithographic plats.
Type composition.
Machine tools.
Dies and gauges.
Food products.
Ceramics.
Apparel.
Lightweight nonferrous metal castings.
Film processing.
Light sheet metal products.
Plastic goods.
Pharmaceutical goods.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary stopping
of commercial vehicles while loading or unloading merchandise or materials
and which abuts upon an appropriate means of vehicular access.
[Added 6-2-2022 by Ord.
No. 2022-2]
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.
That portion of the lot which is covered by the footprint
of all principal and accessory structures, expressed as a percentage
of the lot area.
[Added 6-2-2022 by Ord.
No. 2022-2]
A line bounding a lot which divides one lot from another
or from a street or any other public or private space.
[Added 6-2-2022 by Ord.
No. 2022-2]
A lot which is part of a subdivision plat duly recorded in
the office of the Allegheny County Department of Real Estate identified
in those records by plan book volume and page number or other similar
approved recording citation.
[Amended 6-2-2022 by Ord.
No. 2022-2]
A mean horizontal distance between the front and rear lot
lines.
The horizontally projected area of a lot computed exclusive
of any portion of the right-of-way of any public thoroughfare.
The minimum width measured at right angles to its depth.
A small, usually independent brewery that produces specialized
beers. A micro-brewery/brew pub provides for the retail sales of the
beer at the location where it is produced and may also provide for
the retail sales of beer to go (e.g., cans and growlers) and other
micro-brewery/brew pub merchandise. A micro-brewery/brew pub may also
include a tasting room and/or neighborhood restaurant in conjunction
with the use.
[Added 6-2-2022 by Ord.
No. 2022-2]
A small, often boutique-style distillery established to produce
beverage-grade spirit alcohol in relatively small quantities, usually
done in single or small batches. A micro- distillery provides for
the retail sales of the distilled beverage at the location where beverages
are distilled and may also provide for the retail sales of bottled
spirit alcohol to go and other micro- distillery merchandise. A micro-distillery
may also include a tasting room and/or neighborhood restaurant in
conjunction with the use.
[Added 6-2-2022 by Ord.
No. 2022-2]
A transportable, single-family dwelling, intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[2]
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended and re-enacted.
[Added 6-2-2022 by Ord.
No. 2022-2]
The total of the floor areas of a building, measured from
the interior faces of walls, excluding stairwells and elevator shafts,
common hallways which are not leasable space, lobbies, rest rooms,
storage (except in conjunction with warehouses and other industrial
uses) and equipment rooms, food preparation areas in a restaurant,
interior vehicle parking or loading areas and any other areas not
accessible to the general public.
[Added 6-2-2022 by Ord.
No. 2022-2]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client, or patient traffic,
whether vehicular or pedestrian, pickup, delivery, or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 6-2-2022 by Ord.
No. 2022-2]
The business activity shall be compatible with the residential
use of the property 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 stockpilling
or 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 floor area.
The business may not involve any illegal activity.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment,
or prior to the application of this chapter 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 in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.[3]
An authorized use allowed by right, which may be granted
by the Zoning Officer upon compliance with the requirements of this
chapter.
[Added 6-2-2022 by Ord.
No. 2022-2]
An office for such business as insurance, utilities, stenographic
service, employment service, real estate, post office, sales such
as those by a manufacturer's representative, legal, medical, dental,
engineering and surveying, architectural and stock brokerage firms,
securities and investment firms or any enterprise conducted for gain
which primarily offers services to the general populace, such as shoe
repair, firearms, valet service, watch repair, barbershop, tanning
salon, nail salon, therapeutic massage establishments, beauty parlor,
and similar services and activities related to the personal needs
of people.
[Added 6-2-2022 by Ord.
No. 2022-2]
Includes:
A formal meeting held pursuant to public notice by the Borough
Council, Planning Commission, or Zoning Hearing Board, intended to
inform and obtain public comment prior to taking action in accordance
with the MPC and/or this chapter.
[Amended 6-2-2022 by Ord.
No. 2022-2]
A forum held pursuant to notice under the Pennsylvania Sunshine
Act, 65 Pa.C.S.A. § 701 et seq., as amended.
[Amended 6-2-2022 by Ord.
No. 2022-2]
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.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
An establishment designed and operated for the express purpose
of providing food and beverage service within the confines of a structure
and generally excluding any encouragement, orientation, or accommodation
of services or products to the patrons' automobiles, on or within
the premises. A restaurant may include outdoor seating for patrons.
[Added 6-2-2022 by Ord.
No. 2022-2]
A facility in which food or drink is offered or prepared
containing less than 3,000 square feet of gross floor area and is
characterized by a limited menu. Such facilities may include take-out
pizza shops, delicatessens, fast-food restaurants, and ice cream stands.
A neighborhood restaurant may include outdoor seating for patrons.
[Added 6-2-2022 by Ord.
No. 2022-2]
A retail establishment containing 5,000 square feet or more
of gross floor area located entirely within an enclosed building 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.
[Added 6-2-2022 by Ord.
No. 2022-2]
A retail establishment containing less than 5,000 square
feet of gross floor area located entirely within an enclosed building
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.
[Added 6-2-2022 by Ord.
No. 2022-2]
Land reserved by way of public ownership or dedication for
use as a road, street, alley, crosswalk, pedestrian way, sidewalk,
trail, or other public purpose.
[Added 6-2-2022 by Ord.
No. 2022-2]
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Also known as the "street
line" and/or "street right-of-way line."
[Added 6-2-2022 by Ord.
No. 2022-2]
A male chicken.
[Added 3-14-2019 by Ord. No. 2019-1]
A building or group of buildings in a controlled-access and
fenced compound that contains various sizes of individualized, compartmentalized,
and controlled-access stalls and/or lockers leased by the general
public for a specified period of time for the dead storage of personal
property.
[Added 6-2-2022 by Ord.
No. 2022-2]
A retail place of business engaged primarily in the sale
of motor fuels or supplying goods and services generally required
in the operation and maintenance of motor vehicles and fulfilling
of motorist's needs, including the sale of petroleum products; sale
and service of tires, batteries, automotive accessories and replacement
items; washing and lubrication services; the supplying of other incidental
automotive customer services and products; and the performing of automotive
maintenance and repair, including such repair as spray painting, body,
fender, axle, frame, major engine overhaul, or recapping/retreading
of tires. Service stations may sometimes be located in conjunction
with a convenience store and/or gas/fuel station use, but only when
the convenience store and/or gas/fuel station use is also allowable
in the zoning district.
[Added 6-2-2022 by Ord.
No. 2022-2]
A strip of land, including the entire right-of-way and cartway,
utilized as a means of vehicular and pedestrian travel for more than
one lot or parking compound. "Street" includes avenue, boulevard,
road, highway, freeway, parkway, lane, alley, viaduct, and any other
ways used or intended to be used by vehicular traffic or pedestrians,
whether public or private; however, "street" shall not include a driveway.
[Amended 6-2-2022 by Ord.
No. 2022-2]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Structures
include, but are not limited to, buildings, garages, sheds, walls,
fences and signs.
[Amended 6-2-2022 by Ord.
No. 2022-2]
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 residential
dwellings shall be exempted.
[Added 6-2-2022 by Ord.
No. 2022-2]
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
An establishment used primarily for the serving of alcoholic
beverages by the drink to the general public and where food or packaged
alcoholic beverages may be served or sold only as accessory to the
primary use as a tavern.
[Added 6-2-2022 by Ord.
No. 2022-2]
A mobile vehicle, with wheels, designed for overnight living
or camping purposes, capable of being towed by a passenger automobile
and having an overall length less than 25 feet and an overall width
less than eight feet.
An area devoted to the growing of grapes or other fruit and
the process of fermenting the product into wine. Wineries shall also
include the structures or areas provided for the tasting or sale of
the wine so long as such areas are on the same site as the products
grown.
[Added 6-2-2022 by Ord.
No. 2022-2]
The Zoning Hearing Board of the Borough.
[Added 6-2-2022 by Ord.
No. 2022-2]
That individual duly appointed and/or designated by the Borough
Council who shall be responsible for administering and enforcing this
chapter. The Zoning Officer shall comply with the requirements of
§ 614 of the MPC, 53 P.S. § 10614, as amended.
[Added 6-2-2022 by Ord.
No. 2022-2]
This chapter, as amended, which is identified as Chapter 375 of the Oakdale Borough Code of Ordinances, Zoning, as amended.
[Added 6-2-2022 by Ord.
No. 2022-2]
[1]
Editor's Note: The former definition of "clinic," which immediately
followed this definition, was repealed 6-2-2022 by Ord. No. 2022-2.
[2]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[3]
Editor's Note: The former definition of "planning code," which
immediately followed this definition, was repealed 6-2-2022 by Ord. No. 2022-2.
