Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated. The singular shall include the plural, and the plural shall
include the singular. The word "used" shall include the words "arranged,"
"designed" or "intended to be used." The present tense shall include
the future tense. The word "may" is permissive. The word "shall" is
mandatory. All definitions within the MPC, as applicable, are hereby
referenced by this chapter.
ABUTTING
Having a common border with or being separated from such
common border by an alley or easement.
ACCESS
A means of approach or entry to or exit from a lot, a site
or a parcel.
ADJACENT
Within proximity to or sharing a common boundary.
ALL OTHER RESIDENTIAL USES
Any land use residential in nature other than defined by
this chapter or the zoning ordinances of the Boroughs of Millvale
and/or Sharpsburg.
ALLEY
A functional service way providing a secondary public means
of access to abutting properties.
ALTERATION
Any change in a structure that increases or diminishes exterior
dimensions or modifies openings in the exterior walls.
AMENDMENT
A refinement to this chapter which includes revisions to
the zoning text and/or the Zoning Map by resolution of the Borough
Council.
ANIMAL HOSPITAL
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.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities, as defined below.
APARTMENT
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. An apartment building is three or less stories.
APIARY
Any place where one or more colonies or nuclei of bees are
kept.
APIARY OPERATION
Includes all colonies owned by an individual and located
in any permanent location or locations within the commonwealth.
APPLICANT
A landowner and/or developer who has filed an application
for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application required to be filed and approved prior
to the start of construction or development, including but not limited
to an application for zoning approval. Every application for development
must include the form designated by the Zoning Officer, the appropriate
site plan and all other information required by this chapter.
APPURTENANCE
The visible, functional or ornamental objects accessory to
and part of a structure.
ARRAY
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
ARTISAN WORKSPACE/SALES
An establishment, in conjunction with or without a dwelling,
designed for the preparation, instruction, display and/or sale of
individually crafted work related to artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, literature
or performance of fine arts, such as but not limited to drawing, dance,
or vocal or instrumental music.
AUTO SALES/SERVICE AND REPAIR
A business establishment used for the display or sale of
automobiles, noncommercial trucks, motorcycles, motor homes, recreational
vehicles and/or boats. Such use may also include the servicing or
repair of vehicles of the brand sold at the establishment.
BAKERY/CONFECTIONARY
A facility where baked goods are prepared and baked, which
may utilize an open flame.
BANKS AND FINANCIAL INSTITUTIONS
A business establishment where the principal business is
the receipt, disbursement, or exchange of funds and currencies, such
as banks, savings, loans, credit unions or check-cashing establishments.
BASEMENT
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.
BED-AND-BREAKFAST
A business establishment that occupies a single-family dwelling
and, if applicable, 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.
BEE
Any stage of the common hive of honeybee (Apis mellifera)
or any other species of the genus Apis.
BERM
A bank of earth generally intended to screen activity on
a lot from activity on an adjacent lot(s), or vice versa, or a public
way.
BLOCK
An area bounded by streets, right-of-ways, streams or other
similar natural features.
BLOCK FACE
The contiguous facades of buildings along one side of a street
between two intersecting streets. A corner lot shall have two block
faces.
BOARD
Any body granted jurisdiction under the MPC or a land use
ordinance which has the authority to render final adjudications.
BOROUGH
Borough of Etna, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough of Etna, Allegheny County,
Pennsylvania.
BOUNDARY
A line which may or may not follow a visible feature that
defines the limits of a geographic entity, such as a census tract,
a county, a municipality, a lot, a district, a property or a place.
BREW PUB
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served,
where live entertainment (not including adult entertainment) may also
be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
BREWERY
A facility that brews ales, beers, meads, and/or similar
beverages on site.
BUFFER YARD
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.
BUILDING COVERAGE
That percentage of the lot area covered by buildings. In
determining building coverage, cornices, eaves and gutters shall be
excluded.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
following points:
BUILDING INSPECTOR
Qualified professional delegated by the Borough to do building
control and/or other duties as identified by the Borough Code.
BUILDING LENGTH
The longest dimension of a building, measured to the outside
walls at ground level.
BUILDING LINE
A line parallel to and a distance from the lot lines in accordance
with the requirements of this chapter.
A.
BUILDING LINE, FRONTA line parallel to the front lot line a distance from the front lot line in accordance with the front yard or setback requirements of this chapter.
B.
BUILDING LINE, REARA line parallel to the rear lot line at a distance from the rear lot line in accordance with the rear yard or setback requirements of this chapter.
C.
BUILDING LINE, SIDEA line parallel to the side lot line in accordance with the side yard or setback requirements of this chapter.
BUILDING MATERIAL YARDS OR ESTABLISHMENTS
A place for short- or long-term storage, collection and/or
distribution of heavy equipment, machinery or materials used in construction,
farming or industrial operations.
BUILDING PERMIT
A document issued by the Borough which allows construction
to proceed.
BUILDING, ACCESSORY
A detached, subordinate building, the use of which is clearly
incidental to the principal structure or use of the lot.
BUILDING-INTEGRATED SYSTEM
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
system.
BUILDING-MOUNTED SYSTEM
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Borough and that is either the principal structure or
an accessory structure on a recorded lot. This system also includes
any solar-based architectural elements.
CARPORT
An accessory structure with no more than two walls designated
for the parking of motor vehicles, trailers and/or boats used by the
residents of the building or dwelling unit and in which no occupation,
business or service for profit or solely for the storage of other
personal property is carried on.
CATERING SERVICE
An establishment that prepares and provides food and related
services to off-premises locations.
CELL
The smallest basic solar electric device which generates
electricity when exposed to light.
CLINIC, SMALL-SCALE
A building or structure where two or more licensed medical
professionals provide diagnostic services, medical, dental 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 a dispensary, providing that all such uses shall have access only
from the interior of the building or structure. The clinic generally
operates on a first-come, first-serve basis and does not take appointments.
It has relatively high pedestrian or customer traffic throughout the
year. Any facility for methadone treatment or other narcotic treatment
programs approved by the Pennsylvania Department of Health shall not
be considered a small-scale clinic use.
CLUB/LODGE
A business establishment operated for social, recreational,
educational or fraternal purposes, some serving alcoholic beverages
where permitted, but open only to members and their guests.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
COLONY
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen, and brood.
COMMERCIAL GREENHOUSE
A facility associated with a business establishment, whose
roof and sides are made largely of glass or other transparent or translucent
material and in which the temperature and humidity can be regulated
for the cultivation of delicate or out-of-season plants.
COMMUNITY CENTER
A building where activity for the benefit of the general
public occurs, with meeting rooms and/or accessory fitness facilities.
COMMUNITY GARDEN
A lot comprised of one or more tax parcels that is used by
a group of individuals in the community to grow and harvest food or
non-food crops primarily for personal or group use or donation. A
community garden may be divided into plots for cultivation by one
or more individuals and/or groups, or it may be cultivated by individuals
and/or groups collectively.
COMPOST
Relatively stable decomposed organic matter for use in agricultural
and other growing practices, usually consisting of materials such
as grass, leaves, yard waste, worms, perhaps including raw and uncooked
kitchen food waste. Commonly this process specifically excludes bones,
meat, fat, grease, oil, raw manure, and milk products, which are difficult
to break down and can cause odor and nuisance issues.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
COMPREHENSIVE PLAN
The official Comprehensive Plan of Etna Borough, as amended from time to time, adopted pursuant to the provisions of Article
III of the MPC.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, structural alteration or relocation of a structure, including
the placement of mobile homes.
COOP
A structure, not necessarily attached to the ground, with
a top and sides, that is designed to provide shelter and protection
for small animals or birds.
COUNCIL
The Borough Council of the Borough of Etna.
COUNTY
Allegheny County, Pennsylvania.
DECIBEL
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.
DENSITY
The measurement of compactness of residential development
as to the number of dwelling units per one acre or 43,560 square feet.
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any buildings; any use or change in use
of any buildings or land; or extension of any use of land, for which
permission may be required pursuant to this chapter.
DEVELOPMENT PLAN
The provisions for development, including a planned 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, ways and parking facilities, common open
space and public facilities.
A.
DEVELOPMENT PLAN, FINALA development plan which has been submitted for final approval of a planned development to Council.
B.
DEVELOPMENT PLAN, PRELIMINARYThe written and graphic material describing provisions for development of a planned development, including a plan; the name of the planned development; all covenants relating to use, location, size, height and bulk of buildings and other structures; intensity of use or site density; parking areas; location and size of common areas; and uses, submitted for tentative approval.
DISABLED
"Handicapped," as defined according to the Fair Housing Act
Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments
thereto.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
DISTURBANCE
Grading, excavation, construction and similar activities
that have occurred or may occur on a lot.
DOCKS/PORTALS FOR WATER ACCESS
A constructed or altered segment of the riverbank or shore
used for the purpose of enabling a recreational boat to be placed
into the water from a trailer or other apparatus used to transport
or store the boat.
DOMESTIC FOWL
A gallinaceous bird kept chiefly for its eggs and flesh,
such as a domestic cock or hen, turkey, pheasant, and other similar
animals.
DRIPLINE
The outermost edge of a roof, including eaves, overhangs
and gutters.
DRIVEWAY
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.
DUMPSTER ENCLOSURE
A vertical structure erected to surround receptacles for
trash and/or recycling.
EASEMENT
Authorization by a lot owner of the use by another and for
a specified purpose of any designated part of his lot.
EMERGENCY
A condition that: (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or (2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
EMERGENCY SERVICES
Any service to citizens for injury or life-threatening events,
including but not limited to ambulance, paramedic or fire and rescue
services provided by a public or private agency. A building structure
and/or lot used for the maintenance, fueling, storage, dispatching
or parking of vehicles and/or equipment utilized to provide private
rescue or ambulatory services, fire and/or police services.
ENGINEER
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.
ENGINEER, BOROUGH
A licensed and registered professional engineer in Pennsylvania
designated by the Borough to perform the duties of engineer as herein
specified.
ERECTED
Anything built, constructed, reconstructed or moved on or
upon any lot.
ESSENTIAL SERVICES
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, disposal
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, street signs, off-street parking spaces 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,
safety or general welfare, but not including buildings.
FACADE
The exterior walls of a building that can be seen by the
public.
FARM ANIMAL
Any domestic species of animal that is kept and raised for
use as food or in the production of food or in the operation of a
farm and that is not an exotic animal or a house pet.
FARM STAND
A structure, often temporary, for the display and sale of
permitted products, such as vegetables, produce, flowers, orchard
products, and similar nonanimal agricultural products grown or produced
on the general property of the community garden or market garden upon
which the stand is located.
FARMERS' MARKET
A predesignated area, with or without temporary structures,
where vendors and individuals who have raised vegetables or produce
(or have taken the same on consignment for retail sale) sell vegetables,
produce, flowers, orchard products, locally produced packaged food
products, and/or animal agricultural products.
FCC
Federal Communications Commission.
FENCE
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.
FILL
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.
FLOOR AREA, GROSS
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.
FLYWAY BARRIER
A barrier composed of a fence, vegetation, hedge, or combination
thereof, which directs bees quickly into the sky.
FOOTCANDLE
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.
FORESTRY
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.
FRONTAGE
The portion of a lot between the facade and the lot line
that fronts the thoroughfare or a civic open space or the privately
held portion between the facade of a building and the lot line.
FUEL/ENERGY RECHARGE STATION
A business establishment supplying fuel, recharging energy,
tires, accessories and services for vehicles directly to the populace,
including minor repairs and the sale of groceries, but not including
such major repairs as spray painting, body, fender, axle, frame, major
engine overhaul or recapping/retreading of tires.
FUNERAL HOME
A building 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.
GARAGE
A building or structure or part thereof used or intended
to be used for the parking and storage of motor vehicles.
A.
GARAGE, PRIVATEA fully enclosed accessory use which is attached to or detached from a residential building or dwelling unit or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit and in which no occupation, business or service for profit is carried on. A private garage may be used for the storage of not more than one commercial vehicle owned or used by the owner or tenant of the residential building or dwelling unit and for the storage of not more than three private noncommercial vehicles owned or used by persons other than the owner or tenant of the residential building or dwelling unit.
B.
GARAGE, PUBLICAny 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.
GOVERNING BODY
The Borough Council of Etna Borough, Allegheny County, Pennsylvania.
GRADE, ESTABLISHED
The elevation of the center line of the streets, as officially
established by the Borough.
GRADE, FINISHED
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.
GROCERY STORE/BUTCHER SHOP/GREEN GROCER
A business establishment that sells produce, dry goods, meats,
baked goods, dairy items, frozen foods and the like. This includes
supermarkets, food stores, dairies, delicatessens, but does not include
convenience stores.
GROUND FLOOR
The floor of a building nearest in elevation to the exterior
grade at the front of the building.
GROUND-MOUNTED SYSTEM
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
HABITABLE SPACE
The area of a building for living, sleeping, eating or cooking
and comfort facilities.
HEALTH/FITNESS CLUB
Any establishment having a source of income or compensation
derived from offering a service to the public, involving health, healing
or fitness-related activities and providing or offering to provide
physiological or psychological healing or therapy. This includes but
is not limited to a health club, martial arts or yoga studio, massage
establishment and public spa or public hot tub. This term shall not
include any business or establishment operated for the practice of
a profession which is licensed by the Commonwealth of Pennsylvania,
such as physicians, dentists, nurses, podiatrists, chiropractors,
physical therapists and similar occupations. Massage facilities shall
constitute no more than 5% of the floor area of the building.
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
HI-RISE RESIDENTIAL
A building of no less than four stories with a suite of rooms
or a single room in the building containing four 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.
HIVE
Any frame hive, box hive, box, barrel, log, gum, skep, or
other receptacle or container, natural or artificial, or any part
thereof, which may be used or employed as a domicile for bees.
HOME-BASED BUSINESS, NO-IMPACT
A business administered or conducted 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 must
satisfy the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than members residing
in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to parking signs or lights.
E.
No on-site parking of commercially identified vehicles shall
be permitted.
F.
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.
G.
The business activity may not generate any solid waste or sewage
discharge, in volumes or type, which is not normally associated with
residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
I.
The business may not involve any illegal activity.
HOME OCCUPATION
A business conducted within a dwelling whereas said business
is not classified as a "home-based business, no-impact."
HOTEL
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 may also be available for rent. Supervision is provided in shifts
24 hours a day by an on-site manager.
HVAC
Equipment used to heat, cool or ventilate a structure.
IMPERVIOUS SURFACE
A surface area that prevents or retards the infiltration
of water into the soil and/or a hard-surface area that causes water
to run off the surface of the ground in greater quantities or at an
increased rate of flow from the conditions prior to development, construction,
building or installation.
IMPROVEMENTS FOR DEVELOPMENT (IMPROVEMENTS)
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, street
lights and signs, fire hydrants, water mains, electric service, gas
service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways,
culverts, and street shade trees.
INFILL
Development of vacant or remnant lands within an existing
neighborhood.
INSTITUTIONAL USES
Places of worship, places of assembly, schools, and other
similar institutions of an educational, religious, charitable or philanthropic
nature.
INTERCONNECTION
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
KILOWATT (KW)
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1,000 kW is equal to 1 megawatt (MW).
LANDOWNER
The legal or beneficial owner or owners of a lot, 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 persons having a proprietary interest in the lot.
LANDSCAPE ARCHITECT
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of landscape
architecture.
LAUNDROMAT
A facility where patrons wash, dry or clean clothing or other
fabrics in machines operated by the patrons.
LIBRARY
A public or institutional facility for the use, but not sale,
of literary, musical, artistic or reference materials.
LIGHT MANUFACTURING
The processing and fabrication of certain materials and products
where no process involved will produce noises, vibration, water pollution,
fire hazard or noxious emissions which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, 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 plates, type composition, machine tools,
dies and gauges, ceramics, apparel, lightweight nonferrous metal castings,
film processing, light sheet metal products, plastic goods, pharmaceutical
goods, food products, not including animal slaughtering, curing or
rendering of fats, and similar activities.
LIVERY
A stable or yard where horses are kept, generally where horse
owners pay a fee to keep their horses.
LOADING BERTH/SPACE
An on- or off-street area for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, not including any part of
a public right-of-way, and to be used, developed or built upon as
a unit. A site or parcel may include more than one lot, but a lot
cannot include more than one site.
A.
LOT AREAThe total area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.
B.
LOT, BUILDABLE AREA OFThat lot area in which the principal structure may be located and which is bounded by the front, rear and side building lines of the lot.
C.
LOT, CORNERA lot situated at and abutting the intersection of two or more streets where said lot has a minimum of two front lots and one side lot but no rear lot.
D.
LOT COVERAGEThe percentage of the total area of a lot or lots occupied by buildings/structures but not including any permanently uncovered paved areas, porches, patios or steps.
E.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.
F.
LOT, INTERIORA lot other than a corner lot with only one frontage on a street.
I.
LOT LINE, REARThat lot line which is most distant from and is most nearly parallel to the front lot line, except for corner lots and three-sided lots, which have no rear lot line.
K.
LOT, THROUGHA double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.
L.
LOT WIDTHThe distance between the side lot lines measured along the front building line of the lot.
LOT, NONCONFORMING
A lot consisting entirely of a tract of land that:
A.
Has less than the prescribed minimum lot size, width, depth
or any combination thereof, for the district in which it is located.
B.
Is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size, width, depth, or any combination thereof,
at such location would not have been prohibited by any zoning ordinance.
C.
Has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning ordinance.
MAILED NOTICE
Notice given by a municipality by First Class Mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
MANUFACTURING, PROCESSING, PRODUCING OR FABRICATING OPERATION
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials, including
the assembling of component parts, the manufacturing of products and
the blending of materials into finished or institutional-finished
products not otherwise defined as light manufacturing.
MARINA
A business establishment for secure mooring of recreational
boats, including facilities for storage and repair of boats and sale
of boating supplies and fuel, for use by the owner or resident of
the lot, and those other than the owner or resident of the lot, upon
which the facility is located. A marina may include a restaurant and/or
boat and motor sales store.
MARKET GARDEN
A garden or orchard where food is grown primarily to be sold
for profitable or nonprofitable charitable purposes and may be sold
directly to consumers, restaurants or stores.
MEDICAL OFFICE
A building or structure where one or more licensed medical
professionals provide diagnostic services, medical, dental 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 a dispensary, providing that all such uses shall have access only
from the interior of the building or structure. The clinic generally
operates on an appointment basis and does not take walk-in patients.
It has relatively low pedestrian or customer traffic throughout the
year Any facility for methadone treatment or other narcotic treatment
programs approved by the Pennsylvania Department of Health shall not
be considered a medical office use.
MIXED NONRESIDENTIAL/RESIDENTIAL
A lot or building on or in which various land uses are combined
as an integrated development. A "single site" may include contiguous
but unconsolidated lots.
MODULE
A module is the smallest protected assembly of interconnected
PV cells.
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
MOTEL
A business establishment inclusive of a building or group
of buildings, whether detached or in connected units, 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 24 hours on-site management.
MUNICIPAL BUILDING
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 administrative facilities and public works facilities.
NET METERING AGREEMENT
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
NONCOMMERCIAL GREENHOUSE
A facility, not associated with a business establishment,
whose roof and sides are made largely of glass or other transparent
or translucent material and in which the temperature and humidity
can be regulated for the cultivation of delicate or out-of-season
plants.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter of Etna Borough 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.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. Non-tower WCF shall
not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
NUCLEUS COLONY
A smaller hive, sometimes in a smaller box, consisting of
bees in all stages of development, as well as food, a laying queen,
and enough workers to cover three to five combs.
OBSCENE MATERIALS
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
taken as a whole, does not have serious literary, artistic, political
or scientific value.
OBSTRUCTION
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
OCCUPANCY
The physical possession upon, on or within any lot or structure
for a use.
OCCUPANCY PERMIT
The written authorization issued by the Borough of Etna's
Zoning Officer for use of land or buildings.
OUTDOOR ADVERTISING
Any sign, billboard, statuary or poster that directs attention
to a business, commodity, service or entertainment not exclusively
related to the premises where such sign is located or to which it
is affixed.
OWNER
The person or persons having the right of legal title to,
beneficial interest in or a contractual right to purchase a lot or
parcel.
PARCEL
Any designated piece or tract of land located in the Borough
established by a plat or otherwise as permitted by law.
PARKING LOT OR FACILITY, PUBLIC
A public garage or a paved, open off-street area other than
a driveway or street with adequate means of access and used exclusively
for the parking of vehicles of occupants or visitors of the lot; however,
a driveway serving a single-family dwelling or which is for the exclusive
use of an individual dwelling unit in a residential building may be
used as parking area.
PARKING LOT, PRIVATE
A privately owned lot specifically used for the parking of
vehicles associated with an institutional use.
PARKING SPACE
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.
PARKING SPACE, OFF-STREET
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.
PARKING SPACE, ON-STREET
An area wholly within a public street right-of-way constructed
to accommodate the storage of a vehicle as required by this chapter.
PEDESTRIAN-ORIENTED
Development which is designed with a primary emphasis on
the street sidewalk and on pedestrian access to the site and building,
rather than on vehicle access and parking areas.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)
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, by official maps, to promote conservation
of energy; to establish planning commissions, planning departments
and zoning hearing boards.
PERFORMANCE SECURITY
A financial guaranty to ensure that all improvements, facilities
or work requested by this chapter will be completed in compliance
with the ordinance and the approved plans and specifications of a
development, including but not limited to a performance bond, line
of credit or escrow account in the amount of 110% of the cost of the
facilities or improvements.
PERFORMANCE STANDARD
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, glare, heat
or solid waste generated by or inherent in uses of land or buildings.
PERSON
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.
PERSONAL SERVICES
A business enterprise conducted for gain which primarily
offers services to the general public, such as shoe repair, valet
service, watch repairing, barbershop, beauty parlors and related activities.
A business establishment that generally operates on a first-come,
first-serve basis and has relatively high pedestrian or customer traffic
throughout the year, including utility payment centers, advertising
agencies, manufacturing representatives, personnel agencies, travel
and ticket agencies and the like.
PHARMACY
A retail store which primarily sells prescription drugs,
patent medicines and surgical and sickroom supplies. A pharmacy may
be within a retail establishment.
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly
into electricity.
PLACE OF ASSEMBLY
A building and/or lot that is designed for the assembly or
collection of persons, for civic, political, 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.
PLACE OF WORSHIP
A building use and/or lot where people regularly observe,
practice or participate in religious or spiritual services, meetings
and/or activities.
PLAN
A survey of a lot upon which is shown the location of existing
and/or proposed structures; existing contours and proposed grading;
location and dimensions of yards; proposals for the disposition of
sanitary waste and stormwater; indications of zoning compliance; name
of applicant and landowner; area location map; dates of preparation
and revisions; and evidence of preparation by a registered architect,
landscape architect or engineer.
PLANNED MIXED-USE DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a combination of residential and nonresidential
uses, the development plan for which does not correspond in lot size,
bulk, type of dwelling, or use, density or intensity, lot coverage
and required open space to the regulations established in any one
district created, from time to time, under the provisions of a municipal
zoning ordinance.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential uses with or without supporting nonresidential uses,
the development plan for which does not correspond in lot size, bulk,
type of dwelling, or use, density or intensity, lot coverage and required
open space to the regulations established in any one district created,
from time to time, under the provisions of a municipal zoning ordinance.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PLAT, FINAL
The final map of the land development or subdivision that
is submitted for community approval and which, if approved, is filed
with the County Recorder of Deeds.
PLAT, PRELIMINARY
A preliminary map of the proposed land development or subdivision
that is submitted for Borough consideration.
PORCH
A covered entrance to a building or structure which may or
may not be enclosed and which projects out from the main wall of such
building or structure and has a separate roof or an integral roof
with the principal building or structure to which it is attached.
PREDATORY BIRD
An owl, hawk, falcon, eagle, or similar bird that feeds principally
by catching living prey.
PRIVATE
Belonging to or concerning an individual person, company
or interest independent from federal, state or local government agency.
PROFESSIONAL OR BUSINESS OFFICES
A business establishment that serves clients and operates
on an appointment basis, with relatively low pedestrian or vehicular
traffic, including offices of recognized professionals such as lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions; or an office of a governmental
agency, social service organization, notary, public or private utility,
political organization or the like, not including a municipal facility.
PUBLIC
Owned, operated or controlled by a government agency, federal,
state or local.
PUBLIC HEARING
A formal meeting held pursuant to public notice by Council,
the Planning Commission or the Zoning Hearing Board intended to inform
and obtain public comment prior to taking action in accordance with
this chapter.
PUBLIC IMPROVEMENTS
All streets, walkways, gutters, curbs, sewers, waterlines
and other utilities or related facilities to be dedicated to or maintained
by the public.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
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 public hearing and the particular
nature of the matter to be considered at the public hearing. The first
publication shall be not more than 30 days and the second not less
than seven days from the date of the public hearing.
PUBLIC PARK, RECREATION AREA, PLAYGROUND
Swimming pools, skating rinks, recreational centers and other
recreational areas and facilities (excluding golf courses) owned and/or
operated by the Borough or other public-sector entity. This also includes
areas of such land suitable for passive stormwater areas and/or the
development of specific active recreation facilities or leisure-time
activities, that may or may not be of a formal nature and performed
with others, requiring equipment and taking place at prescribed places,
sites or fields, including but not limited to baseball fields, soccer
fields, football fields, tennis, basketball and other court games,
hockey facilities, multipurpose fields and community swimming pools
and attendant facilities.
PUBLIC UTILITY BUILDING
A building, structure 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.
REDEVELOPMENT
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.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to or necessary
for, the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
REPLACEMENT
The act of removing an existing building/structure and constructing
a new building/structure.
RESEARCH AND DEVELOPMENT ESTABLISHMENT
A building or group of buildings, including incubator facilities,
but not medical laboratories, used primarily for applied and developmental
research, where product testing may be an integral part of the operation
and goods or products may be manufactured solely when necessary for
testing, evaluation, and test marketing. This usage excludes the use
of toxic, biological, corrosive, flammable, carcinogenic, or explosive
materials, chemicals, liquids, gases or solids.
RESTAURANT, SIT-DOWN
A business establishment whose principal business is the
sale of food and/or beverages to customers in a ready-to-consume state
and whose principal method of operation includes one or both of the
following characteristics: customers, normally provided with an individual
menu, are served their foods and beverages by a restaurant employee
at the same table or counter at which food and beverages are consumed;
or a cafeteria-type operation where food and beverages generally are
consumed within the restaurant building.
RESTAURANT, TAKE-OUT
A business establishment that offers quick food service for
consumption on or off the premises which is accomplished through a
limited menu of items already prepared and held for service or prepared,
fired or grilled quickly or heated in a device such as a microwave
oven. Orders are not generally taken at the customer's table,
and food is generally served in disposable wrapping or containers.
RETAIL, LARGE-SCALE
Any business establishment not otherwise specifically defined
in this article that sells or rents commodities and/or services on
the premises directly to the general public, available for immediate
purchase and removal, but not including the manufacturing or processing
of any products with a gross floor area of 5,000 square feet or greater
but less than 12,000 square feet. This use may not include wholesaling,
manufacturing or processing of goods.
RETAIL, SMALL-SCALE
Any business establishment not otherwise specifically defined
in this article that sells or rents commodities and/or services on
the premises directly to the general public, available for immediate
purchase and removal, but not including the manufacturing or processing
of any products with a gross floor area less than 5,000 square feet.
This use may not include wholesaling, manufacturing or processing
of goods.
RIGHT-OF-WAY
The surface of and space above and below any real property
in the Borough in which the Borough has a regulatory interest or interest
as a trustee for the public, as such interests now or hereafter exist,
including but not limited to all streets, highways, avenues, roads,
alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other
public place, area or property under the control of the Borough, and
any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Borough. The phrase "in the
right(s)-of-way" means in, on, over, along, above and/or under the
right(s)-of-way. For the purpose of this chapter, ROW shall include
streets and roads owned by Allegheny County, the Commonwealth of Pennsylvania,
and any other Pennsylvania state agencies.
RIVERBOAT GAMBLING
A boat, ferry, barge or similar structure licensed by the
Commonwealth of Pennsylvania on which gambling games are allowed.
This includes land-based facilities or uses which are required for
access to riverboat gambling.
ROOFLINE
The top ridge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette.
SCHOOL, ACADEMIC
A place of instruction operated by a public, private, nonprofit
or religious organization, having regular sessions, with regularly
employed instructors and meeting all of the requirements of the Pennsylvania
Department of Education for providing primary, secondary, post-secondary,
undergraduate and/or graduate collegiate education. This definition
shall not include privately operated, for-profit trade, vocation,
avocation or business schools.
SCHOOL, COMMERCIAL/OTHER
A specialized instructional establishment that provides on-site
training of business, commercial, medical and/or trade skills, such
as accounting, data processing, computer repair, vocational trades
and/or equipment usage.
SETBACK
The minimum distance from a lot line required by the chapter
where a building or structure may be built.
SETBACK (LINE), FRONT
The line extending the full width of the lot and situated
at the minimum dimension defined from a front lot line.
SETBACK (LINE), REAR
The line extending the full width of the lot and situated
at the minimum dimension defined from a rear lot line.
SEXUALLY-ORIENTED BUSINESS
An establishment, club, tap room, restaurant, theater or
hall which features products for sale or entertainment that is distinguished
or characterized by an emphasis on sexual conduct or sexually explicit
nudity such as an adult book and video store or adult entertainment
nightclub.
SIDE YARD
The line extending the full width of the lot and situated
at the minimum dimension defined from a side lot line.
SIDEWALK CAFE
An extension of the services of an existing establishment,
including but not limited to serving food and beverages for consumption
within an existing building, to the extent that food and beverages
are permitted to be served and consumed at tables placed on the public
sidewalk adjacent to and within the confines of the frontage of that
portion of the building in which the establishment is situated. A
sidewalk cafe contains readily removable tables and chairs, is enclosed
by rope and stanchion unless some other barrier system is approved
by the Borough as an architectural design element, and shall be otherwise
open to the air.
SIGN
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.
ADA SIGNSAny sign needed for a facility or building to achieve compliance with the requirements of the American with Disabilities Act.
B.
BULLETIN BOARDA nonelectronic structure constructed with flat face(s), used for posting notices.
C.
CANOPYAny rigid structure, made of cloth, metal or other materials, with the frame attached to a building and generally supported by the ground, extending over areas intended for pedestrian traffic, and the structure is primarily for purposes of shelter rather than advertising.
E.
FLAGA piece of cloth or bunting varying in size, color and design, used as a symbol, sign, signal, emblem or advertisement.
F.
GROUND (MONUMENT) 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.
G.
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.
H.
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.
I.
MARQUEEAny permanent roof-like structure extending from the wall of a building but not supported by the ground, constructed of durable material such as metal or glass, extending over areas intended for pedestrian and/or vehicular traffic, and the structure is primarily for purposes of shelter rather than advertising.
J.
POLE/PYLON 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.
SIMILAR ANIMAL
Any farm animal that is similar to other animals listed in
a particular category of permitted animals with respect to impacts
on nearby properties, including noise, odors, safety hazards, and
other nuisances.
SINGLE-FAMILY DWELLING
A dwelling unit and lot designed and intended to be occupied
by one family that is not attached to another dwelling unit.
SITE
A parcel of land located in the Borough, established by a
plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
SITE AREA
The total area of the lot or lots comprising a site.
SITE PLAN
A plan prepared by a registered surveyor, engineer, landscape
architect or architect for a use authorized by right which contains
the following unless otherwise defined by Allegheny County:
A.
Name of applicant and landowner;
B.
Name of development, if any;
C.
Evidence of preparation by a licensed architect, landscape architect
or engineer;
D.
Graphic and written scale;
F.
Dates of preparation and revision of site plan;
H.
A site plan drawn to no greater than one-hundred-foot scale,
upon which is delineated and clearly identified the location, extent
and area in acres, if applicable, of the following:
(1)
Property lines for the site and adjacent parcels;
(4)
Location and dimensions of existing and proposed public and
private roads, streets, driveways, walks and paths;
(5)
Existing and proposed structures with proposed site density
and approximate height of structures indicated for each proposed type
of structure and use;
(6)
Proposed location and dimensions of all yards and open spaces;
(7)
Existing contours and proposed grading plan;
(8)
General proposals for the disposition of stormwater runoff;
(9)
Proposals for the disposition of sanitary wastes and the provision
of water supplies;
(10)
All applicable areas or uses regulated or mandated by this chapter,
including but not limited to off-street parking exterior lighting,
signs and outdoor storage.
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
SOLAR PHOTOVOLTAIC (PV) SYSTEM
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and does not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
SOLAR-BASED ARCHITECTURAL ELEMENT
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules and may or may not include additional solar PV related
equipment.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs and light poles.
STORAGE FIRM
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property. No sales, service or repair activities other than the rental
of dead storage units are permitted on the premises.
STREET
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways, whether public or private,
used or intended to be used by vehicular traffic or pedestrians.
STREET GRADE
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.
STREET WALL
A general reference as to how and where the parts of buildings
that face the street line up to define the perceived boundaries of
public and private space.
STREET WIDTH
The distance between street lines measured at right angles
to the center line of the street.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water.
STRUCTURE, ACCESSORY
A subordinate structure whereas the use and scale of which
is incidental to that of the principal (commonly referred to as the
"main") structure of the subject lot.
SUBSTANTIALLY CHANGE
(1) Any increase in the height of a wireless support structure
by more than 10% or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless communications facility may exceed the size limits set forth
in the Etna Borough Zoning Code or the WBCA if necessary to avoid
interference with existing antennas; or (2) any further increase in
the height of a wireless support structure which has already been
extended by more than 10% of its originally approved height or by
the height of one additional antenna array.
TAP ROOM
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, without kitchen facilities,
where live entertainment (non-sexually-oriented business or establishment)
may also be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
TATTOO SHOP
A business establishment that includes placing of designs
or other marks upon or under the skin of any person, using ink or
other substances that result in the permanent coloration or scarification
of the skin by means of the use of needles or other instrument designed
to contact or puncture the skin; and/or the creation of an opening
in the body of a person for the purpose of inserting jewelry or other
decoration.
TERMINAL FACILITY
A parcel used for a centralized storage of trucks or where
trucks are congregated at a warehouse or other loading facility to
load and unload products.
THEATER
A business establishment, other than an adult movie theater
or adult movie house, inside a completely enclosed building devoted
to showing pictures and/or live dramatic or musical performances on
a paid admission basis. A theater usually contains an auditorium in
addition to other performance-related facilities. This term shall
not refer to a place of assembly.
TOWER, NONCOMMUNICATIONS
Any ground-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces or masts,
not intended for the primary purpose of mounting a communications
antenna or similar apparatus above ground.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including but not limited to self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
TOWNHOUSE
A building which contains at least three but no more than
eight dwelling units, each of which are 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.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
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.
TWO-FAMILY DWELLING
A residential building that is subdivided along the common
vertical walls of each dwelling unit, designed exclusively for occupancy
by two families living independently of each other, whereas each dwelling
unit has with a separate entrance directly to the outside.
UNDEVELOPED LAND
Any lot or portion of a lot which has not been graded, improved
or prepared for the construction of a building structure or improvement.
URBAN AGRICULTURE
The activities that include the growing, processing marketing
distribution, and consumption of food and other products through growing
plants and raising animals in and around an urban area. Such activities
can be public, private or commercial, and can exist in a variety of
forms, including community gardens, market gardens, and backyard animal
keeping. When done successfully, these activities also produce environmental,
health, social, and economic effects that can positively impact a
community and increase its resilience.
USE
An activity, business or purpose for which any lot or structure
is utilized.
A.
USE, ACCESSORYA use on the same lot with and of a nature customarily incidental and subordinate to the principal use.
B.
USE, AUTHORIZEDAny principal use or accessory use allowed by this chapter as a permitted use by right, conditional use, use by planned development, or use by special exception.
C.
USE BY SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria and pursuant to the provisions associated with special exceptions in Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.
D.
USE, CONDITIONALA use permitted in a particular zoning district by the Borough Council upon satisfaction of all criteria enumerated in Part III of this chapter and pursuant to the provisions associated with conditional use in Article
VI of the MPC, 53 P.S. § 10601 et seq.
E.
USE, NONCONFORMINGA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
F.
USE PERMITTED BY RIGHTAny use that does not require a conditional use approved by Council or special exception approved by the Zoning Hearing Board before a zoning permit is granted by the Zoning Officer.
G.
USE, PRINCIPALThe main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.
H.
USE, TEMPORARYA 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.
VALUE-ADDED PRODUCT
A product created by a change in the physical state or form
of a primary product that enhances its value as demonstrated through
a business plan, or the physical segregation of an agricultural commodity
or product in a manner that results in the enhancement of the value
of the commodity or product.
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and
IX of the MPC.
WAREHOUSE
A building or structure used for the storage and handling
of goods, materials, freight, or merchandise awaiting sale on another
lot or location, but not including the maintenance or fueling of commercial
vehicles. Warehousing which is incidental to retail sales and which
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition. Incidental
sales may occur on the lot.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
WHOLESALE BUSINESS
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.
WIND ROTOR
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is used generally on a pole or tower and along with other generating
and electrical storage equipment forms a wind energy conversion system.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite or
radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless communications services.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
YARD
A required open space unoccupied and unobstructed by any
principal structure or portion of a principal structure; however,
accessory structures, parking areas and driveways are permitted in
yards in accordance with the requirements of this chapter.
A.
FRONT YARDA yard extending across the full lot width and abutting the front lot line. The required minimum depth measurement of the front yard shall be the horizontal distance between the front lot line and a line parallel thereto at a distance from the front lot line in accordance with the yard requirements set forth in each district in this chapter.
B.
REAR YARDA yard extending between the side yards of the lot and abutting the rear lot line. The required minimum depth measurement of the rear yard shall be the horizontal distance between the rear lot line and a line parallel thereto at a distance from the rear lot line in accordance with the yard requirements set forth for each district in this chapter.
C.
SIDE YARDA yard abutting a side lot line, extending between the rear line of the front yard and the rear lot line. The required minimum width measurement of the side yard shall be the horizontal distance between the side lot line and a line parallel thereto at a distance from the side lot line in accordance with the yard requirements set forth for each district in this chapter.
ZONE
A geographical area with boundaries that includes surface
areas as indicated on the Zoning Map.
ZONING APPROVAL
Approval under the provisions of this chapter, certifying
that an application for development or application for occupancy permit
has fulfilled the requirements of this chapter.
ZONING HEARING BOARD
A board appointed by Council to examine appeals for relief
from strict conformance to application of this chapter, to consider
uses by special exceptions and to hear testimony regarding the validity
of any regulations upon development in the Borough, and to perform
those other functions which this chapter directs it to perform.
ZONING MAP OFFICIAL
The official map of the Borough that indicates the districts
and other relevant information thereon and shall be a part of this
chapter by reference.
ZONING OFFICER
The administrative officer appointed by Council who shall
administer and enforce the provisions of this chapter in accordance
with its literal terms. The Zoning Officer shall have all the powers
and be subject to all the provisions set forth in the MPC with respect
to zoning officers.