[Ord. 741, passed 7-3-1978]
It is hereby ordained and enacted by the Town Council of the Town of McCandless, Allegheny County, Pennsylvania, that from and after the effective date of this Zoning Ordinance the following regulations shall be in full force and effect. This ordinance shall be known as and may be referred to as the Zoning Code.
[Ord. 1052, passed 4-22-1991]
The community development objectives which are the basis for the provisions of this Code are set forth in the Comprehensive Plan as adopted and amended by Council. In addition to the Comprehensive Plan, the following is a supplementary statement of the purpose and intent of the Town Zoning Ordinance. The objectives are adopted as a statement of legislative findings and may be used in evaluating any proposed additions or deletions to the Zoning and Land Use Ordinances.
The general objective for the management of growth in the Town is to provide a pleasant, attractive, healthy, safe and convenient environment for living, working, education, shopping and recreation. This objective shall be pursued by the creation and implementation of land use plans to:
Preserve and improve the natural environment;
Increase property values, employment opportunities, and the economic base of the community;
Provide for safe, adequate and attractive housing;
Obviate losses from flooding;
Provide the necessary infrastructure of utilities and vehicular and pedestrian transportation arteries;
Provide for recreational and community facilities; and
Provide for ongoing community planning and growth management.
Provide for safe, adequate and attractive commercial, institutional and industrial uses.
The preservation and improvement of the environment shall be pursued by:
The elimination of visual and physical blight such as overhead utility lines, light spillage, concentrations of signs of excessive size and proximity, large expanses of unbroken pavement and dilapidated structures;
The preservation of natural topography and wooded slopelands, including the limiting of hillside development beyond a reasonable gradient, and the control of floodplain and water sheds;
The limitation of excess erosion, hazardous rock and soil slippage, sedimentation and other soil and water management problems;
The regulation and control of the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill;
The acquisition by the Town of and the promotion of dedication of natural open space and wooded slopeland in order to link the existing and proposed park sites and neighborhoods and to prevent ecological problems resulting from extensive cut and fill necessary to develop wooded slopelands.
The increase of property values, employment opportunities and the economic base of the community shall be pursued by:
The promotion of balanced economic growth and employment opportunities;
The concentration of commercial and industrial uses in the areas where streets and utilities can provide the necessary services and where conflicts with other uses can be minimized through site design and transitional provisions; and
The provision of safe, adequate and attractive housing for the entire population of the community shall be pursued by:
The provision of a wide range of housing density alternatives and a mix of housing types, correlating residential density and housing type with topography, environmental conditions, and the capacity of and distance from existing and proposed utilities, streets and community facilities;
The removal of dilapidated housing, the rehabilitation of deteriorating housing, the maintenance of sound housing and the development of new housing;
The promotion of an attractive residential environment through the implementation of the other objectives set forth herein;
The provision of residential areas with adequate commercial, governmental, recreational and educational facilities; and
The preservation of historical landmarks.
The creation and implementation of land use plans shall seek to achieve the foregoing objectives and to:
Avoid incompatible land use if possible and protect against the detrimental effect of incompatible land uses through planting, open space and natural breaks in topography;
Concentrate development where possible to prevent sprawl, conserve open space, and make full use of utilities and services; and
Provide site plan control.
The prevention of loss of life, disruption of commerce and governmental services, unnecessary expenditure of public funds for flood protection and relief, and the related impairment of the tax base shall be pursued by:
Regulation of uses and development in floodplains which, acting alone or in combination with other uses and development, may cause unacceptable increases in flood heights, velocities and frequencies;
Restricting and prohibiting certain uses, activities, and development from locating within areas subject to flooding; and
Requiring all those uses, activities, and developments that occur in floodplains to be protected and flood proofed against flooding and flood damage.
The provision of the necessary infrastructure of utilities and transportation arteries shall be pursued by:
The promotion of the town improvements of water lines, storm and sanitary sewers and roads;
The encouragement of public utilities to improve and extend services consistent with the objectives set forth herein; and
Traffic planning and control which will provide safe, rapid and convenient movement of people and goods within and through the Town, with a separation of through and local traffic, provision for pedestrians, and minimal disruption of existing and proposed development patterns and community integrity.
The provision of recreational and community facilities shall be pursued by:
The creation of a variety of outdoor and indoor recreational facilities to accommodate the existing and future population;
The promotion of schools and parks in close proximity to decrease duplication of services and to provide the greatest value for public expenditures;
The promotion of acquisition or dedication of natural open space for park and recreational purposes;
The providing of residential areas with adequate commercial, governmental, recreational and educational facilities; and
The preservation of historical landmarks.
[Ord. 964, passed 10-26-1987; Ord. 1004, passed 3-27-1989; Ord. 1052, passed 4-22-1991; Ord. 1127, passed 8-22-1994; Ord. 1163, passed 4-22-1996; Ord. 1235, passed 7-17-2000; Ord. 1264, passed 3-25-2002; Ord. 1316, passed 3-28-2005; Ord. 1334, passed 9-25-2006; Ord. 1359, passed 4-28-2008; Ord. 1360, passed 4-28-2008; Ord. 1408, passed 12-19-2011; Ord. 1449, passed 5-18-2015]
The meanings of certain terms used herein are defined as follows:
As used in this Code, words in the singular include the plural, and those in the plural include the singular; the word may is permissive; the words shall and will are mandatory.
- Having a common border with, or being separated from such common border by, an alley or easement.
- A means of vehicular approach or entry to or exit from property.
- 43,560 square feet.
- ADVERTISING SIGN
- A sign which is a principal use on a lot as opposed to an accessory use to a principal structure.
- AGRICULTURAL COMMODITY
- An agricultural commodity as generally defined in the "Right to Farm" law, as amended through Act 58 of 1998 and including: (1) agricultural, agronomic, aquacultural, horticultural, floricultural, viticultural, silvicultural or dairy products; (2) livestock and products of livestock; (3) ranch-raised fur bearing animals and the products of ranch-raised fur bearing animals; (4) the products of poultry or bee raising; (5) any products raised or produced on farms intended for human consumption and the processed or manufactured result of such products intended for human consumption, and (6) forestry and forestry products.
- AGRICULTURAL OPERATION, NORMAL
- The activities as defined in the Right to Farm law, including the practices and procedures and the use of equipment by farmers in the production, harvesting and marketing of agricultural commodities.
- AMATEUR RADIO (also called HAM RADIO)
- The use of designated radio frequency spectra for purposes of private recreation, non-commercial exchange of messages, wireless experimentation, self-training, and emergency communication.
- A dwelling unit contained in a building comprising more than three dwelling units, each of which has a entrance to a hallway or balcony in common with at least one other dwelling unit.
- A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this Code.
- A landowner or developer (as hereinafter defined) who has filed an application for development, his heirs, successors or assigns.
- APPLICATION FOR DEVELOPMENT
- Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to an application for a building permit, for the approval of a subdivision plat or plan for the approval of a development plan.
- ASSISTED LIVING FACILITY
- Is synonymous with "personal care home".
- That part of a building which is immediately below, and wholly or partly within, the roof framing.
- BASE SITE AREA
- A calculated area; see Section 1314.03.
- A portion of a building located partially or totally below grade. The basement constitutes a story if the basement floor is less than four feet below the average elevation of the ground.
- An area bounded on all sides by existing or proposed streets.
- BOARDING HOUSE
- A lodging house at which meals are provided but not medical facilities.
- BUFFERYARD/BUFFER AREA
- A unit of land, together with a specified type and amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.
- BUILDABLE AREA
- That part of the lot not in any required yard.
- A structure built, maintained or intended for use for the shelter or enclosure of persons, animals or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, each unit is a building.
- BUILDING AREA
- The total gross area of the first floor of all principal buildings on a lot.
- BUILDING FRONT
- That exterior wall of a building which faces a front lot line of the lot.
- BUILDING LINE
- A line on a lot, generally parallel to a lot line or road right-of-way line, and located at a distance from such lot line or road right-of-way line, a distance equal to the minimum yards required by this Code. The building line delimits the area in which buildings or structures may extend or be constructed, subject to all applicable provisions of this Code. For irregular-shaped lots, see Section 1313.14 Yards.
- BUILDING SETBACK LINE
- A line representing the front building line. (See the definition of "building line.")
- (1) A building which:
- A. Is subordinate to and serves a principal structure or a principal use;
- B. Is subordinate in area, extent and purpose to the principal structure or use served;
- C. Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Code; and
- D. Is customarily incidental to the principal structure or use.
- (2) Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.
- BUILDING, PRINCIPAL
- A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
- A measurement of the size of a tree equal to the diameter of its trunk measured 4 1/2 feet above natural grade.
- CARETAKER'S RESIDENCE
- A dwelling unit which is used exclusively by either the owner, manager or operator of a principal permitted use and which is located on the same parcel as the principal use.
- The portion of a street intended for vehicular use.
- CLEAR SIGHT TRIANGLE
- An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street center lines.
- The mounting of one or more Communications Antennas on an existing Communications Tower, or on any structure that already supports at least one Communications Antenna.
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of the site. Common open space does not include streets, off-street parking areas and areas set aside for public facilities.
- COMMUNICATIONS ANTENNA (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, which may include an omnidirectional Antenna (rod), directional Antenna (panel), parabolic Antenna (disc) or any other wireless Antenna. Communications Antenna further includes, but is not limited to, Related Equipment. Communications Antennas shall not include support structures for Antennas or any Related Equipment that is mounted to the ground or at ground-level.
- COMMUNICATIONS TOWER
- 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 Communications Towers.
- COMPLETION GUARANTEE
- A deposit of cash, bond, certified check, negotiable securities or the submission of an irrevocable letter of credit from a bank or savings and loan by the owner or developer as security for the completion of any required improvements. The deposit is returnable to the depositor or the letter of credit is terminated upon completion of all required improvements within the stated period.
- COMPREHENSIVE PLAN
- A plan consisting of maps, charts and textual data stating the objectives and plans for the development of the Town, as may be adopted, altered or revised from time to time by Council in accordance with Article III of the Pennsylvania Municipalities Planning Code.
- CONDITIONAL USE
- A use permitted in a specific zoning district, subject to specified criteria, and as approved by Council pursuant to public notice and public hearing and recommendations by the Planning Commission.
- CONVENIENCE STORE
- Any retail establishment offering for sale a relatively limited selection of prepackaged food products, household items, and other related goods, which may or may not include gasoline or fuel sales, characterized by a rapid turnover of customers and high traffic generation.
- CORNER LOT
- See the definition of "lot, corner."
- Allegheny County, Pennsylvania.
- The ratio of the total area of buildings, and structures to the gross lot area.
- A dead end street terminating in a vehicular turnaround.
- CURB CUT
- See the definition of "access."
- DAY CARE CENTER
- A center providing supervision, facilities and meals for preschool children during the day, excluding lodging.
- The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of less than fee interest, including an easement.
- DENSITY FACTOR
- An intensity measure expressed as the number of units per net buildable site area. It is the density on the buildable portion of a site.
- DENSITY, GROSS
- The quotient of the total number of dwelling units divided by the base site area of a site.
- Any landowner, holder of an option or contract to purchase, agent or tenant of such landowner, who, with the permission of such landowner, makes or causes to be made a subdivision of land or a land development.
- DEVELOPMENT PLAN
- The provisions for development of a planned residential development, including 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. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
- DISTRIBUTED ANTENNA SYSTEMS (DAS)
- A network of spatially separated Antenna sites connected to a common source that provides wireless service within a geographic area or structure.
- The removal of surface water or groundwater from land by drains, grading or other means. "Drainage" includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.
- DRAINAGE EASEMENTS
- The dedication of or grant of use of lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
- Any area to which runoff from surrounding land flows naturally or is caused to flow from existing land alterations and which conveys such runoff to a watercourse.
- Any building or portion thereof which is designated or used for residential purposes.
- DWELLING UNIT
- One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.
- DWELLING, ATTACHED
- Three or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls from ground to roof.
- DWELLING, SEMI-DETACHED
- Two dwelling units, each of which is attached side to side, each one sharing only one common wall with the other.
- Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.
- 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.
- A professional engineer licensed as such in the Commonwealth of Pennsylvania and duly appointed as the engineer for the Town.
- ENVIRONMENTAL CRITICAL AREAS
- Lands that include streams, their floodplains, steep areas and slopes in excess of 25%, that shall be restricted from development because of their resource values or hazardous nature.
- The detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
- EXTERIOR STORAGE
- Outdoor storage of fuel, raw materials products, and equipment. In the case of lumberyards, exterior storage includes all impervious materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds and truck trailers stored outdoors.
- One or more persons related by blood, marriage, adoption or guardianship or not more than three persons not so related occupying a dwelling unit and living as a single housekeeping unit.
- Any lot or parcel of land used in the raising of farm animals or in the production of agricultural commodities.
- FARM ANIMAL
- Any type of animal normally kept or raised on a farm. Normal household pets are not included in this definition. Farm animals are classified as follows:
- FARM BUILDING
- Any type of building used for housing farm animals or farm type equipment used in normal agricultural operations or used for processing, production or storage of agricultural commodities.
- Federal Communications Commission.
- The depositing on land, whether submerged or not, of sand, gravel, earth or other materials of any composition whatsoever.
- FINAL PLAT
- The final map of the land development or subdivision which is submitted for Town approval and which, if approved, is filed with the County Recorder of Deeds.
- Either riverine or inland depressional areas. Riverine floodplains are those area contiguous with a lake, stream or stream bed whose elevation is greater than the normal waterpool elevation but equal to or lower than the projected 100 year flood elevation. Inland depressional floodplains are not associated with a stream system but are low points to which surrounding lands drain.
- FLOOR AREA
- The sum of the gross floor area for each of a building's stories measured from the exterior limits of the faces of the structure. The floor area of a building includes basement floor area and includes attic floor area only if the attic area meets the Town building code standards for habitable floor area. It does not include cellars and unenclosed porches or any floor space in an accessory building or in the principal building which is designed for the parking of motor vehicles in order to meet the parking requirements of this Code.
- FLOOR AREA FACTOR
- The intensity measure expressed as the ratio derived by dividing the total floor area of a building by the net buildable site area. It is the floor area ratio measured on the buildable area of the site.
- FLOOR AREA RATIO
- An intensity measured as a ratio derived by dividing the total floor area of a building by the base site area. Where the lot is part of a larger development and has no bufferyard, that lot area may be used instead of the base site area.
- An area containing mature woodlands, woodlands and/or young woodlands.
- A deck or building, or part thereof, used or intended to be used for the parking and storage of motor vehicles.
- GARDEN APARTMENT BUILDING
- An apartment building with three or more dwelling units on one, two or three floors.
- GROSS DENSITY
- See the definition of "density, gross."
- HAZARDOUS MATERIAL OR SUBSTANCES
- Any substances or materials in form or quantities which, in the determination of the Town, pose a possible risk to the life, health or safety of persons or property, or to the ecological balance of the environment, or to the contamination of our water sources. These shall include, but not be limited to: explosives, PCB's, petroleum products or gases (except in motor vehicles and equipment), poisons, etiologic agents, flammables, corrosives, gases under high pressure, acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, phosphorus, potassium, sodium, sulfur products and pesticides (including insecticides, fungicides and rodenticides) and any other products or materials listed in the Hazardous Substances List of the Pennsylvania Department of Labor and Industry.
- HEIGHT OF A COMMUNICATIONS TOWER
- The vertical distance measured from the ground level, including any base pad, to the highest point on a Communications Tower, including Antennas mounted on the tower and any other appurtenances.
- HEIGHT OF STRUCTURE
- Building height in accordance with the International Building Code (IBC), latest edition.
- HI-RISE APARTMENT BUILDING
- An apartment building with four to 12 floors.
- HOME IMPROVEMENT CENTER
- A retail establishment, selling a mixture of residential construction materials, appliances, cleaning supplies, home decorating and finishing materials, landscaping maintenance supplies, landscaping materials, and seasonal home use items such as holiday decorations, or flowers, but shall not include wet concrete or unbagged blacktop.
- HOME OCCUPATION
- An occupation which is carried on in the home by the resident without special signs or displays, special mechanical equipment not customary in family dwelling units, or building alterations not customary to family dwelling units. No one living outside the home may be employed nor any commodity sold or warehoused. Any need for parking generated by the conduct of a home occupation shall be met off the street and on the lot other than in the required front yard and honoring the setback requirements for accessory facilities. An office in the home is a home occupation and is subject to the above restrictions.
- IMPERVIOUS SURFACE
- Those which do not absorb water. They consist of all buildings, parking areas, driveways, road, sidewalks and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.
- IMPERVIOUS SURFACE ON LOT
- The total amount of impervious surface which is present on a lot.
- IMPERVIOUS SURFACE RATIO
- A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by, in the case of residential uses, base site area or, in the case of nonresidential uses, by net buildable site area.
- INTENSITY CLASS, LAND USE
- A measure of the magnitude and negative impact of a land use on the environment and neighboring land uses.
- Any discarded material or article and shall include, but not be limited to, scrap metal, batteries, scrapped, abandoned or junked motor vehicles, machinery, equipment, glass, containers and industrial waste. It shall not include refuse or garbage kept in proper containers for the purpose of prompt disposal.
- JUNKED VEHICLE
- Any vehicle which meets one or more of the conditions set forth below:
- (1) Broken windshields, mirrors or other glass with sharp edges.
- (2) One or more flat or open tires or tubes which could permit vermin harborage.
- (3) Missing doors, windows, hood, trunk or other body parts which could permit animal harborage or entry of children.
- (4) Any body parts with sharp edges including holes resulting from rust or damage.
- (5) Missing tires resulting in unsafe suspension of the motor vehicle.
- (6) Upholstery which is torn or open that could permit animal and/or vermin harborage.
- (7) Sharp objects protruding from the chassis.
- (8) Broken headlamps, tail lamps, side lamps, or other vehicle body parts with sharp edges which are inherently dangerous and could permit the harborage of vermin.
- (9) Broken vehicle frame suspended from the ground in an unstable manner.
- (10) Leaking or damaged oil pan or gas tank which could cause fire or explosion.
- (11) Leaking battery.
- (12) Any condition enabling entrapment within the vehicle including but not limited to open trunks.
- (13) Damaged floor boards, trunk, trunk floor, fire wall or truck bed with holes or sharp edges.
- (14) Damaged bumpers pulled away from the perimeter of the vehicle.
- (15) Broken grill with protruding edges.
- (16) Vehicle suspended on unstable supports.
- Any land with or without buildings, where any junk, as defined herein, is stored, disposed of, or accumulated outside of a completely enclosed building and shall conform to the requirements as set forth in this article. "Junkyard" includes any place where two or more junked vehicles, as defined herein, are stored for any purpose for a period of 30 days or more shall be deemed a junkyard.
- LAND DEVELOPMENT
- The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) A group of two or more buildings, or a single nonresidential building; or
- (2) The division or allocation of land or space 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; or
- (3) A subdivision of land; or
- (4) Development in accordance with Section 503(1) of the Pennsylvania Municipalities Planning Code (Act 247).
- 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 is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.
- LANDSLIDE PRONE AREA
- An area where the downward and outward movement of slope-forming materials composed of rock, soils, artificial fills or a combination of these materials exist. (See Article 1314 Appendix map for landslide prone areas, soils types and locations.)
- A parcel, tract or area of land, undivided by any street or private road as established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- LOT AREA
- See the definition of "lot area, gross."
- LOT AREA, GROSS
- The area within the lot lines.
- LOT AREA, NET
- The gross lot area, less internal road rights-of-way (calculated 50 feet wide), parking spaces (calculated at 180 square feet each), parking area aisles and drives (calculated at 24 feet wide).
- LOT, CORNER
- A lot abutting two or more streets at their intersection.
- LOT FRONTAGE
- Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured and the minimum lot width required by this Code shall be provided, at each such line. The minimum lot frontage shall be 65 feet.
- LOT LINE
- A line bounding a lot which divides one lot from another or from a street or any other public or private space.
- LOT LINE, REAR
- That lot line which is parallel to and most distant from the front lot line of the lot; in the case of an irregular, triangular or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line.
- LOT LINE, STREET
- In the case of a lot abutting only one street, the street line separating such lot from such street; in the case of a double frontage lot, each street line separating such lot from a street shall be considered to be the front lot line, except where the rear yard requirement is greater than the front yard requirement in which case one of two opposing yards shall be a rear yard.
- LOT OF RECORD
- Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances and regulations.
- LOT WIDTH
- The distance between side lot lines measured along the front building line.
- MAINTENANCE GUARANTEE
- A guarantee of facilities or work to insure the correction of any failures of any improvements required pursuant to this Code and regulation, or to maintain same.
- MANUFACTURED STRUCTURE
- A structure transported in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation.
- MASTER DEVELOPMENT PLAN
- A document, including plats and plans, demonstrating how the development meets the purpose and objectives of the conditional use express standards for a TND, establishing locations for uses within the proposed development and establishing lot lines and bufferyards, the locations of common open space, and civic art (such as pavilions, pergolas, benches, sculpture gardens, fountains and the like) and shared parking facilities or parking structures.
- MEDICAL MARIJUANA
- Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16 of 2016, 35 P.S. § 10231.101
et seq., as amended.[Added 2-25-2019 by Ord. No. 1485]
- MEDICAL MARIJUANA ACADEMIC CLINICAL RESEARCH CENTER
- An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.[Added 2-25-2019 by Ord. No. 1485]
- MEDICAL MARIJUANA DISPENSARY
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the Commonwealth
of Pennsylvania ("Department of Health") to dispense medical marijuana.[Added 2-25-2019 by Ord. No. 1485]
- MEDICAL MARIJUANA GROWER/PROCESSOR
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health to grow and process medical
marijuana.[Added 2-25-2019 by Ord. No. 1485]
- MINIMUM FLOOR ELEVATION
- The lowest elevation permissible for the construction, erection or other placement of any floor, including a basement floor.
- A Communications Tower or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support Communications Antenna and connecting appurtenances.
- The business or profession of a funeral home which does not contain any crematory facilities.
- MULTI-FAMILY DWELLING
- A single structure intended for occupancy by three or more families.
- NET BUILDABLE SITE AREA
- A calculated area for residential uses and nonresidential uses.
- NURSING HOME
- A facility licensed as a nursing home by the Commonwealth of Pennsylvania.
- OLDER ADULT DAY CARE CENTER
- An establishment, licensed by the Commonwealth, located within a building not used as a dwelling unit, for the care of six or more persons, on a regular basis during part of a twenty-four-hour day, of handicapped or elderly persons, but who do not require constant medical or nursing care. This does not include current court adjudicated felons or misdemeanants or drug or alcohol treatment centers.
- Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.
- OPEN SPACE RATIO
- The proportion of a site consisting of open space which shall be calculated using the base site area.
- The person or persons having the right of legal title to, beneficial interest in or a contractual right to purchase a lot or parcel of land.
- Extending in the same direction or within 20° of the same direction.
- The area within the boundary lines of a development.
- PERSONAL CARE HOME
- A premise in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for six or more adults who are not relatives of the operator, who do not require the services in (or of) a long term care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration, and which premise is licensed by the Pennsylvania Department of Public Welfare as such, but not including, drug or alcohol rehabilitation or medical or nursing care or current court adjudicated felons or misdemeanants.
- PERSONAL STORAGE FACILITIES/ESTABLISHMENTS
- A building or group of buildings for the interior storing of goods, equipment, wares or merchandise where there is no sales or service on the premises.
- PLANNED RESIDENTIAL DEVELOPMENT
- An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations established in any one residential district created, from time to time, under the provisions of the zoning code.
- PLANNING COMMISSION
- The Town of McCandless Planning Commission.
- The map or plan of a subdivision or land development, whether preliminary or final.
- PORTABLE STORAGE UNITS
- Trailers, units rolled off a truck or transported by truck or other vehicular means and generally used or intended for use as temporary storage on a premise. This includes: PODS® or similarly designed units, storage trailers, drop-off or roll-off dumpsters unless expressly permitted, and other portable storage units.
- PRELIMINARY PLAT
- A preliminary map of the proposed land development or subdivision which is submitted for Town consideration.
- PUBLIC GROUNDS
- Includes parks, playgrounds and other public areas; and sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
- PUBLIC IMPROVEMENT
- Any improvement, facility or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs, including any or all of the following: grading, vehicular and pedestrian circulation systems, flood control improvements, water supplies and distribution facilities, sanitary sewage disposal and treatment, public paving, curbs, curb returns, gutters, sidewalks, drive entrances within a street right-of-way, utility and energy services, parking areas, fire hydrants, storm sewer lines and structures, drainage channels and structures, guide rails, traffic signals and devices, retaining walls, recreation facilities, sodding, landscaping and monuments, whether on-site or off-site.
- PUBLIC NOTICE
- A notice published once each week for two successive weeks in a newspaper of general circulation in the Town. 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 be not more than 30 days and the second shall not be less than seven days from the date of the hearing.
- PUBLIC TRANSIT SHELTER
- A structure located at a transit stop providing protection for individuals who are waiting for public transportation.
- RELATED EQUIPMENT
- Any piece of equipment related to, incident to, or necessary for, the operation of a Communications Tower or Communications Antenna. By way of illustration, not limitation,
- RELATED EQUIPMENT
- Includes generators and base stations.
- RIGHT-OF-WAY or ROW
- The surface of and space above and below any real property in the Town in which the Town 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 Town, 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 Town. The phrase "in the Right(s)-of-Way" and means in, on, over, along, above and/or under the Right(s)-of-Way. For the purpose of this ordinance, ROW shall include streets and roads owned by Allegheny County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
- The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a result of erosion.
- SIGHT DISTANCE
- The distance an object two feet above the pavement of a street is visible from an eye level 4 1/2 feet above the pavement (the average height of an automobile operator's eye).
- SINGLE FAMILY DWELLING
- A separate, detached building designed for or occupied exclusively as a residence of one family.
- (1) A facility that:
- A. Occupies not more than 40,000 square feet; and
- B. Offers no more than 15 emergency room bays and no more than 15 inpatient beds for medical-related use 24 hours per day by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality or disease; and/or
- C. Regularly makes available clinical laboratory services, diagnostic radiological services, treatment facilities for medical treatment, and/or other services associated with hospitals licensed by the Pennsylvania Department of Health.
- (2) Small-format hospitals may be contained within the same building as medical or dental offices.
[Added 6-25-2018 by Ord. No. 1476]
- 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.
- STEEP SLOPES
- Land area where the inclination of the land's surface from the horizontal is 12% or greater. Slope is determined from on-site topographic surveys prepared with a two-foot contour interval or topography taken from controlled aerial photography at two-foot contour intervals.
- A right of way which affords the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, drive or other appropriate name. A street may also be identified according to type of use as in the following subsections:
- Any man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
- 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 subdivision by lease of land for agriculture purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings shall be exempt. All subdivisions are also land developments.
- SUBSTANTIAL COMPLETION
- The completion in the judgment of the engineer of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project shall be able to be used, occupied or operated for its intended use, but in no event shall substantial completion be considered to have been achieved when less than 90% (based on the cost of the required improvements for which, security was posted) has been completed.
- (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 WBCA or the Town of McCandless Zoning Ordinance 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.
- TEMPORARY USE
- See the definition of "use, temporary."
- TOWN MASTER PLAN
- A plan which may consist of maps, data and other descriptive material as may be adopted, altered or revised from time to time by Council.
- TOWNHOUSE BUILDING
- A building containing three to eight family dwelling units attached side by side but without interior access from one to another.
- The purpose or activity for which land or any building thereon is designed, arranged or intended for which it is occupied or maintained.
- USE, ACCESSORY
- A use which:
- (1) Is subordinate to and serves a principal structure or a principal use;
- (2) Is subordinate in area, extent and purpose to the principal structure or use served;
- (3) Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Code; and
- (4) Is customarily incidental to the principal structure or use.
- USE, PRINCIPAL
- The specific primary purpose for which land is used.
- USE, TEMPORARY
- A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.
- Any channel for conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
- The Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
- Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
- WIRELESS COMMUNICATIONS FACILITY
- 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 COMMUNICATIONS FACILITY APPLICANT (APPLICANT)
- Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Town owned land or property.
- 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 Town.
- An area of planted material covering one acre or more and consisting of 30% or more canopy trees having an eight inch or greater caliper, or any grove consisting of eight or more trees having a 10 inch or greater caliper.
- WOODLAND, MATURE
- An area of plant material covering one acre or more and consisting of 30% or more canopy trees having a sixteen-inch or greater caliper, or any grove consisting of eight or more trees having an eighteen-inch or greater caliper.
- WOODLANDS, YOUNG
- An area of plant material covering one acre or more and consisting of 70% or more canopy trees having a 2 1/2 inch caliper or greater, or a tree plantation for commercial or conservation purposes where 70% or more of the canopy trees have a 2 1/2 inch or greater caliper.
- The area between a lot line or road right-of-way and the face of a building or structure. The minimum yard width or depth shall be the minimum measurement between the lot line or street right-of-way and the building or structure.
- YARD, FRONT
- A yard extending the full width of the front of a lot, between the road right-of-way line and the front face of a building or structure.
- YARD, REAR
- A yard extending the full width of rear of a lot, between the rear lot line and rear face of the building or structure.
- YARD, SIDE
- A yard extending from the rear yard to the front yard, between the lot line and the side face of the building or structure.
- ZONING OCCUPANCY PERMIT
- A document issued by the Zoning Officer upon completion of the development of a site including, but not limited to, the construction of a structure, or change in use of a structure or parcel of land, or change of occupancy of structure, validating that all conditions have been met, and that the structure and land may be occupied and used for the purposes set forth in this Zoning Code.
- ZONING PERMIT
- A document issued by the Zoning Officer stating that a proposed use or development will be in compliance with this Zoning Code, and authorizing the applicant to proceed.
[Ord. 1052, passed 4-22-1991; Ord. 1073, passed 5-26-1992; Ord. 1127, passed 8-22-1994; Ord. 1359, passed 4-28-2008]
Zoning district designations. A Map entitled the "McCandless Zoning District Map" is hereby adopted as a part of this Zoning Code. The Zoning Map shall be kept on file for examination in the office of the Zoning Officer. All property in the Town is zoned according to the following districts and is so shown on the Zoning Map:
TD-1 District boundaries. For TD-1 Districts, the boundaries shall be coterminous with the District established pursuant to the requirements of the Transportation Partnership Act, 53 P.S. § 1621 et seq., Business Improvement Districts, 53 P.S. 1551 et seq. or Municipality Authorities Act of 1945, 53 P.S. § 301 et seq. The maps created for such districts shall be deemed to be the TD-1 maps.
Creation and incorporation of Transportation Overlay Districts. Upon both: (1) the creation by the Town of a Transportation Development District or a Business Improvement District and (2) receipt by the Zoning Officer of a certified copy of the ordinance or resolution, as appropriate, creating the District along with the District map, there shall be created a TD-1 Transportation Overlay District coterminous with such District. The Zoning Officer shall cause such Transportation Overlay District to be noted on the Zoning Map. The Transportation Overlay District shall continue in existence until the earliest of: (1) the payment of all indebtedness issued by the Town for transportation improvements in the transportation or business improvement district, or (2) the end of the useful life of the TPAD transportation improvements as determined by the Town Engineer.
Traditional Neighborhood Development Overlay District. A Traditional Neighborhood Development Overlay District is created as a conditional use, as shown on the zoning map, bounded on the north by Cumberland Road, on the east by Babcock Boulevard, on the south by Duncan Avenue and on the west by McKnight Road, including all parcels of land abutting Duncan Avenue between Babcock Boulevard and McKnight Road but excluding the parcel of land at the southwestern corner of Cumberland Road and Babcock Boulevard, currently identified as Lot 1 of the La Roche College Plan of Lots (Greek Church).
[Ord. 979, passed 2-22-1988]
The Town is hereby divided into a series of overlay districts which are listed in subsection (b) hereof and shown on the Subwatershed Map in Appendix A of Article 913.
Stormwater management districts. The following districts are established according to the boundaries of the watersheds designated by the Pennsylvania Department of Environmental Resources in accordance with the Pennsylvania Stormwater Management Act (Act 167 of 1978, as amended) and the watershed stormwater management plans prepared pursuant thereto, where applicable:
The Pine Creek and Girty's Run watersheds are further subdivided into hydrologic subbasins as shown on the Subwatershed map. Copies of these maps are available at the Town Hall.
[Ord. 979, passed 2-22-1988]
All uses or lots in all zoning districts shall comply with the requirements and standards for managing stormwater runoff in the watershed and/or subbasin in which the lot is located, as contained in Article 913.
Agricultural activities, nurseries and forestry management operations, where permitted, shall be required to provide for the safe management of stormwater runoff in accordance with the requirements of Article 913. However, the submission and approval of a stormwater management plan, as required by Section 913.04 shall be waived for such activities which have an erosion and sedimentation control plan approved by the County Conservation District.
[Ord. 1052, passed 4-22-1991]
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged nor shall any structure or land be altered or used except in full compliance with all provisions of this Zoning Code, the Subdivision and Land Development Regulations, and all other applicable Land Development Regulations, and after the lawful issuance of all permits and certificates required by the Land Development Regulations.
[Ord. 1052, passed 4-22-1991; Ord. 1127, passed 8-22-1994; Ord. 1144, passed 5-22-1995]
To ensure compliance with the provisions of this Zoning Code, the following permits are required:
A zoning permit shall be required before any person may construct, reconstruct, move, alter, or enlarge any structure or building; or change the use of a structure or land to a different use; or change a nonconforming use or structure.
No zoning permit shall be issued for a subdivision or land development until the final plan has been approved by Council and has been recorded as required herein.
No zoning permit shall be issued for any permitted conditional or accessory use upon any lot except a single-family dwelling until a site plan has been submitted, reviewed and approved in accordance with the provisions of this Code. A zoning permit is not required by a change in occupancy for existing structures if there is:
A grading permit shall be obtained from the Town for new grading, excavations and fills. Changes, additions or alterations made to existing excavations or fills shall conform to the provisions of Article 1705 of the Codified Ordinances. A separate grading permit shall be required for each site. One permit may cover the grading, excavation and any fills made on the same site.
A zoning occupancy permit shall be required for each separate business conducted on property prior to the occupancy of land or structure or any portion thereof, and to certify the validity of nonconforming uses or structures. (See Section 1701.04(n) of the Codified Ordinances.)
A sign permit shall be required before any person may hereafter erect or alter in any way any sign, except a nameplate or temporary real estate sign as specified in Section 1313.11(b)(1) and (b)(2).
Every permit shall become null and void if the work authorized has not been commenced within one year from the date of issue or is not completed within five years from the date of the preliminary approval of the land development. The applicant may request in writing a new permit for the start of the development as covered by the original permit or an extension of the time constraints for the completion of the work.
If the scope of work conforms to the plat or plan originally approved and the development can be completed within the aforesaid five-year period, the Zoning Officer may issue a new permit.
If the development cannot be completed within the aforesaid five-year period, the request for an extension of the time constraints may be approved by Council with or without changes to the originally approved plat or plan.
Every permit shall be revocable where the Zoning Officer determines that the applicant or occupant is not complying with every condition required by the issuance of such permit.
[Ord. 1052, passed 4-22-1991]
The provisions for this Zoning Code shall be held to be the minimum requirements for the protection of the health, safety, morals and general welfare of the Town.
[Ord. 1052, passed 4-22-1991]
Should any section, part or provision of this Zoning Code be declared by appropriate authority to be unlawful or unconstitutional, the remainder of this Code shall remain in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the effective date of this Code.