1.
For the purpose
of this chapter, certain terms and words used herein shall be interpreted
or defined as follows:
A.
Words used in
the present tense shall include the future.
B.
Words in the
singular shall include the plural.
C.
The word "person"
includes a corporation, company, partnership or association, as well
as an individual.
D.
The word "lot"
includes the words "plot," "tract" or "parcel."
E.
The term "shall"
is always mandatory.
F.
The words "used"
or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied."
G.
The word "structure"
includes the word "building."
H.
Gender-specific
pronouns or references shall refer to all genders.
2.
The particular
shall control the general.
3.
If a word is not defined in this Zoning Chapter, but is defined in Chapter 22, Subdivision and Land Development, as amended, the definition in the Subdivision and Land Development Ordinance shall apply. If there is a discrepancy between a definition in this Zoning Chapter and a definition in another Borough ordinance, the Zoning Chapter definition will prevail for zoning purposes.
4.
Any word or term
not defined in this Zoning Chapter or in the Borough of Homestead
Subdivision and Land Development Ordinance, as amended, shall be used
with its plain and usual meaning within the context of the section.
A standard reference dictionary should be consulted.
In addition to the following definitions, diagrams
illustrating key lot, area and dimensional terms appear at the end
of this chapter.[1] In case of any difference of meaning or implication between
the text of this chapter and any caption or illustration, the text
shall control.
A privately owned, constructed and maintained vehicular access
roadway accessing two or more dwelling units or two or more commercial,
institutional or industrial principal uses. See also "driveway."
One combined entrance/exit point or one clearly defined entrance
point separated from another clearly defined exit point. This term
shall not include accessways or driveways that are strictly and clearly
limited to use by only emergency vehicles; such accesses are permitted
by right as needed.
A building which is on the same lot with, but detached from,
the principal building and which is subordinate to the principal building.
A structure, such as a private garage or private swimming
pool, serving a purpose customarily incidental to the use of the principal
building and located on the same lot as the principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
43,560 square feet.
A use with a significant portion of the market value of or
total number of items for sale or rent being books, films, magazines,
videotapes, coin- or token-operated films or videotapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized
by a clear emphasis on matter depicting, displaying, describing or
relating to uncovered male or female genitals or specified sexual
activities. This shall include but not be limited to materials that
would be illegal to sell to persons under age 18 under state law.
A nightclub, bar, tavern, restaurant, bottle club, or similar
commercial establishment, whether or not alcoholic beverages are served,
regularly featuring (i.e., giving special prominence to) persons who
are nude or seminude.
[Amended 7-13-2006 by Ord. No. 1185; 9-13-2007 by Ord. No.
1196]
A use involving the presentation typically to three or more
persons at one time of motion pictures, videotapes or similarly reproduced
images distinguished or characterized by an emphasis on depiction
of specified sexual activities for observation by patrons therein
and that is related to some form of monetary compensation by the persons
viewing such matter.
This shall include only the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment facility.
Includes "crop farming," "plant nursery" and "raising of
livestock." See definition of each.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of properties whose principal
frontage is on some other public or private street and not intended
for general traffic circulation.
An incidental change, rearrangement, replacement or enlargement
in the structural parts or in the means of egress, whether by extending
on a side or by increasing in height; or the moving from one location
or position to another; or by change in use from that of one district
classification to another.
A business or portion thereof having on its premises for
use by the public four or more video or electromechanical devices
operated by inserting a coin or token.
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting short-wave or citizens band
radio frequencies or for receiving television, radio or similar frequencies,
but not including a satellite dish antennae or a commercial communications
antennae. This includes any accessory supporting structures.
See "dwelling types."
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
The Borough Council.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
[Added 7-13-2017 by Ord.
No. 2017-04]
An establishment for the display and sale of art and photography.
An establishment, or portion thereof, used for the education,
display and creation of art and/or photography, and including incidental
sales of such items.
Any automatic teller machine (as used in the finance industry).
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of one or more of the following
in operable condition: motor vehicles, recreation vehicles, boat trailers,
farm machinery, motorcycles, trucks, utility trailers, construction
vehicles or transportable mobile/manufactured homes in a livable condition.
This use may include an auto repair garage as an accessory use, provided
that all requirements of such use are complied with. This use shall
not include a mobile/manufactured home park or a junkyard.
A building and/or land where repairs, improvements and installation
of parts and accessories for motor vehicles and/or boats are conducted
that involve work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include, but not be limited to, any use that involves any of
the following work: major mechanical or body work, straightening of
body parts, painting, welding or rebuilding of transmissions. Any
use permitted as part of an auto service station is also permitted
as part of an auto repair garage.
A building and/or land where gasoline is sold, and where
no repairs are conducted, except work that may be conducted that is
closely similar in character to the following: sale and installation
of oil, lubricants, batteries and belts and similar accessories and
safety and emission inspections. This use may include a convenience
store selling ready-to-eat food for consumption off the lot, common
household products and similar items.
Any retail establishment, including buildings and premises,
where motor vehicle parts or accessories may be sold, supplied and/or
dispensed at retail, and where in addition, the following services
may be rendered and sales made.
Any lightweight structure attached to the ground and/or to
a wall and which is extended over a sidewalk or other pedestrian walkway,
where such structure is used primarily for purposes of shelter and/or
identification.
A story wholly or partly underground. A basement shall be
counted as a story for the purpose of height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet.
A dwelling which is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal included with the
overnight accommodations is breakfast.
The production, processing and bottling of alcoholic or nonalcoholic
beverages carried out for sale to customers or patrons or for wholesale
or retail distribution.
[Added 5-12-2016 by Ord.
No. 2016-03]
See "sign, off-premises."
The Zoning Hearing Board established by this chapter.
A dwelling or part thereof in which sleeping rooms are provided
by the owner/operator for compensation to more than four transient
or nontransient individuals and where meals may be provided. A boardinghouse
shall not include a use that meets the definition of hotel, motel
or any residence that provides personal services associated with a
group residence, group care facility, transitional dwelling or personal
care home as defined by this chapter.
Borough of Homestead, Allegheny County, Commonwealth of Pennsylvania.
An establishment operated for profit or pecuniary gain, which
has a capacity for the assemblage of 20 or more persons and in which
alcoholic liquors, alcohol or malt or brewed beverages are not legally
sold but where alcoholic liquors, alcohol or malt or brewed beverages
are either provided by the operator or agents or employees of the
operator for consumption on the premises or are brought into or kept
at the establishment by the patrons or persons assembling there for
use and consumption. The term shall not include a licensee under the
Liquor Code (from 18 Pa.C.S.A. Chapter 73, § 7328).
A landscaped area of certain depth specified by this chapter
which shall be planted and maintained in areas, grass, ground cover,
shrubs, bushes or other natural landscaping material of a mix of sizes
and types of plant material, designed to reduce or eliminate incompatibility
or conflicts between adjacent uses of differing character within the
same zoning district or between zoning districts.
The area of the lot bounded by the required yards; where
there is no required yard, then bounded by the lot line.
Any structure having a permanent roof and intended for the
shelter, work area, housing or enclosure of persons, animals, vehicles,
equipment or materials and that has a total area under roof of greater
than 50 cubic feet. Building is interpreted as including "or part
thereof." See the separate definition of "structure." Any structure
involving a permanent roof (such as a covered porch or a carport)
that is attached to a principal building shall be considered to be
part of that principal building.
The percentage obtained by dividing the maximum horizontal
area square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the roofline of mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
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 a 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 a semitransparent skylight system; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
[Added 7-13-2017 by Ord.
No. 2017-04]
The horizontal measurement between the two most distant portions,
other than portions measured diagonally, of any one building or of
attached buildings.
A line parallel to the street right-of-way at a distance
therefrom which is equal to the depth of the front yard required by
the Borough of Homestead Zoning Chapter for the zoning district in
which the lot is located.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods. Building materials and storage and sales does not include
the wrecking, salvaging, dismantling or storage of automobiles and
similar vehicles.
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 municipality and that is either the principal structure
or an accessory structure on a recorded property. This system also
includes any solar-based architectural elements.
[Added 7-13-2017 by Ord.
No. 2017-04]
A permit indicating that a proposed construction, alteration
or reconstruction of a structure is in accordance with the provisions
of the Borough's building code and related codes.
The minimum distance between two buildings. The building
spacing shall be measured from the outermost wall or projections,
excluding bay windows, chimneys, flues, columns, ornamental features,
cornices and gutters, provided that these exceptions do not encroach
more than two feet.
The horizontal measurement between two structural walls of
one building that are generally parallel, measured in one general
direction that is most closely parallel to the required lot width.
For a townhouse, this width shall be the width of each dwelling unit.
Standards that control the height, density, intensity and
location of structures.
The engaging in the purchase, sale, barter or exchange of
goods, wares, merchandise or services; the maintenance or operation
of offices or recreational and amusement enterprises for profit.
A lightweight structure attached to the ground and/or to
a wall and extended over a sidewalk or other pedestrian walkway, where
such structure is used primarily for purposes of shelter and not advertising.
An establishment, or portion thereof, used for the creation
and repair of woodwork and including incidental sales of such items.
A structure used for the shelter of a vehicle and which includes
a roof attached to the side or back of the principal building and/or
supported by four columns and which is open on two or more sides from
the roof to the ground over which it stands.
A structure, or portion thereof, either fully or partially
enclosed, where one or more vehicles may be washed using mechanized
equipment or by self-service.
The smallest basic solar electric device which generates
electricity when exposed to light.
[Added 7-13-2017 by Ord.
No. 2017-04]
See "basement."
A burial place or graveyard, including a mausoleum, crematory
or columbarium.
A certificate issued by the Zoning Officer upon site inspection,
attesting that the use or structure meets all requirements of this
chapter, complies with all approved plans and may be used or occupied
for the specified use.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises.
An area of unobstructed vision at the intersection of two streets and a driveway, measured at the height of a driver's eye which is assumed to be 3.75 feet above the road surface, between points at a given distance from the intersection of the center lines of two streets or of a street and driveway as specified in Appendix I of Chapter 22, Subdivision and Land Development, of the Code of the Borough of Homestead, intended to allow the operators of vehicles approaching simultaneously to see each other in time to prevent a collision.
Any establishment where human patients are examined and treated
by doctors or dentists, but not hospitalized overnight.
See “veterinary."
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals, such as
but not limited to antenna used for transmitting commercial radio
or television signals or cellular telephone communications. This shall
not include a standard antenna.
An enterprise operated for profit by other than a public
entity, indoors or outdoors, for the pursuit of sports or leisure
activities, including but not limited to such establishments as golf
or batting practice facilities, miniature or regulation golf courses,
bowling alleys, ice or roller rinks, playing fields, racquet clubs,
swimming pools, theaters, over 21 dance halls, amusement parks, amphitheaters,
stadia and similar facilities.
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
An establishment providing nonacademic training, vocational
or trade education courses and programs.
A building used for recreational, social, educational and
cultural activities, usually owned and operated by a public or nonprofit
group or agency.
The document entitled the “Comprehensive Plan for the
Borough of Homestead” or any part thereof, adopted by the Borough
Council, as amended.
An authorized use which may be granted by the Borough Council
pursuant to express standards and criteria following a public hearing
and recommendations by the Planning Commission.
A building where each unit in the structure is individually
owned and the owner of each unit has an undivided interest in the
common areas and facilities of the structure's surrounding grounds.
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
A vehicle with or without its own motive power and used for
a temporary field office or storage purposes at a construction site.
See "lot, corner."
Homestead Borough Council, Allegheny County, Commonwealth
of Pennsylvania.
County of Allegheny, Commonwealth of Pennsylvania.
Allegheny County Department of Economic Development.
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. Crop
farming" shall also include orchards and Christmas tree farms and
raising of limited numbers of livestock as a clearly accessory use,
but shall not include intense raising of livestock, commercial forestry,
riding academies or kennels.
A proposed zoning amendment made to the Borough Council by
any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which they have an interest.
Days shall be measured by calendar days wherever a time period
is stipulated in this chapter.
A use providing care for less than 24 consecutive hours for
three or more adults who are not relatives of the operator and who,
because of physical or mental infirmity, require assistance to meet
personal needs, but who do not require nursing care.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school. The following three types of day care are permitted
without regulation by this Zoning Chapter: care of children by their
own relatives or care of one to three children within any dwelling
unit, in addition to children who are relatives of the caregiver.
See also the definition of "adult day-care center."
Child day-care center, as an accessory use. A type of day-care use that provides care for six or less children at one time who are not relatives of the care giver. See § 27-503.
Child day-care center, as a principal use. A type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 27-502.
A measure of intensity of use expressed as the number of
dwelling units per acre.
The Department of Health of the Commonwealth of Pennsylvania.
[Added 7-13-2017 by Ord.
No. 2017-05]
A retail establishment which sells a variety of personal
and household merchandise, including clothing, shoes, cosmetics, jewelry
and other fashion accessories, furniture, appliances, linens, crystal
and china, housewares, notions, dry goods, luggage, candy, gourmet
food items, cards and gifts, toys, games and books, photographic equipment
and similar items and which may include one or more of the following
accessory uses: restaurant, snack shop, retail bakery, travel service,
ticket agency, beauty salon, automobile service department, community
meeting rooms and catalog shopping service.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
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 a land development.
See "land development."
The provisions for development, including a planned residential 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. The phrase "provision of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition and as required by Chapter 22, Subdivision and Land Development.
Any establishment in which goods manufactured on site or
off site are temporarily stored prior to being picked up for delivery
to retail or wholesale businesses or the ultimate purchaser.
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this Zoning
Chapter.
The outermost edge of a roof, including eaves, overhangs,
and gutters.
[Added 7-13-2017 by Ord.
No. 2017-04]
An establishment which by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
A vehicular access route serving only one parcel or lot which
provides access to a public street, but which does not provide access
to any other lot or parcel under separate ownership.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or other means and for whatever
purpose of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or part thereof or waste material of any kind.
Any building or portion thereof which is built, altered or
used for residential purposes, including single-family, two-family
and multiple-family dwellings, but not including hotels, motels or
other lodging houses, nursing homes, hospitals or residential clubs.
This Zoning Chapter categorizes dwellings into the following types:
APARTMENT:
CONVERSION APARTMENTA dwelling
unit located within an existing single-family dwelling which is proposed
to be converted according to all applicable codes and ordinances into
two or more dwelling units.
GARDEN APARTMENTA multifamily residential
building no more than three stories in height containing three or
more dwelling units which share a common entrance to the outside,
usually through a common corridor, and which dwelling units may have
other dwelling units either above or below them.
MID-RISE APARTMENTA multifamily
residential building containing more than three stories, but no more
than five stories.
HIGH-RISE APARTMENTA multifamily
residential building containing more than five stories, but no more
than seven stories.
DWELLING, MULTIFAMILYA residential
building or portion thereof containing three or more independent dwelling
units, including high-rise multiple-family dwellings, mid-rise multiple-family
dwellings, low-rise multiple-family dwellings, garden apartments,
townhouses, triplexes and quadruplexes.
DWELLING, SINGLE-FAMILYA detached
residential building designed for or occupied exclusively by one family
and which is the only principal structure on the lot.
SECTIONAL or MODULAR HOME A type
of swelling that meets a definition of single-family detached dwelling
that is substantially but not wholly produced in two or more major
sections off the site and then is assembled and completed on the site
and that does not meet the definition of a “mobile/manufactured
home” and that is supported structurally by its exterior walls
and that rests on a permanent foundation. The completed unit shall
comply with building code standards for conventionally constructed
units; the modular unit is considered real property.
DWELLING, TWO-FAMILYA detached
residential building containing separate, independent dwelling units
for two families with the units attached either side by side or one
over the other and which is the only principal structure on the lot.
TOWNHOUSEA multifamily residential
building no more than 2 1/2 stories in height which contains
at least five, but no more than eight, attached dwelling units per
building, each of which are separated from the adjoining unit or units
by a continuous, unpierced vertical 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
TRIPLEXA multifamily residential
building containing three attached dwelling units in one structure
in which each unit has at least two walls exposed to the outside and
shares one or two common walls or floors/ceilings with an adjoining
unit or units and which units may be above or below each other or
side by side.
QUADRUPLEXA multifamily residential
building containing four attached dwelling units in one structure
in which each unit has at least two walls exposed to the outside and
shares one or two common walls or floors/ceilings with an adjoining
unit or units and which units may be above or below each other or
side by side.
One or more rooms in a dwelling designed and used as a single
housekeeping unit for one family, having its own bathroom and cooking
facilities.
See "restaurant."
A facility, other than a hospital, which provides emergency
room care, stabilization and transport, as well as medical diagnostic
and health care services, otherwise offered by medical professional
offices or clinics, not including overnight stay.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania with training and experience in civil engineering.
The use of the word "engineer" shall not exclude the practice of topographic
surveying by a registered surveyor as provided for in state law.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed by the Borough Council to serve as
Engineer for the Borough.
The erection, construction, alteration or maintenance by
public utilities or municipal or other government agencies of underground
gas, electrical, steam or water transmission or distribution systems,
including wires, mains, drains, sewers, pipes, conduit cables, fire
alarm boxes on poles, police call boxes on poles, traffic signals,
hydrants, street signs and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies, their contractors or agents for the public health or safety
or general welfare, but not including buildings.
A use or structure in existence as of the effective date
of this chapter.
One or more persons related by blood, adoption or marriage
or a group of not more than three unrelated persons occupying a dwelling
and living and cooking together as a single housekeeping unit as distinguished
from a group occupying a boardinghouse, personal care home or hotel,
except a higher number may be specifically permitted within the provisions
for group residence (See definition). A transitional dwelling shall
not be considered a family or a group residence.
An accessory use to a farm and which meets the requirements § 27-503.
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier that is constructed of wood, chain
link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers
constructed principally of masonry, concrete, cinder block or similar
materials shall be considered a wall. The term "wall" does not regulate
engineering retaining walls, which are permitted uses as needed in
all districts
Banks, saving and loans associations and similar institutions
that lend money or are engaged in a finance-related business.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
and/or an area subject to the unusual and rapid accumulation or runoff
of surface waters.
All areas subject to the inundation by waters of the one-hundred-year flood, including areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain Area (FA). The basis for delineation of this district shall be the same as designated in the documentation of the Flood Insurance Study, the Flood Insurance Rate Map and the Flood Boundary and Floodway Map for the Borough, as prepared by the Federal Emergency Management Administration (FEMA). See floodplain management standards in Chapter 8, Floodplain Management, of this Code for regulations and additional definitions.
[Amended at time of adoption of Code (see AO)]
The gross floor area of all buildings on a lot divided by
the lot area.
A retail establishment, other than a restaurant, which has
a gross floor area of 10,000 square feet or less and which as its
principal activity sells food and food-related products, including
but not limited to coffee shop, convenience food shops, grocery stores,
delicatessens, butcher shops, gourmet and specialty food shops, ethnic
groceries, retail bakery and the like.
The harvesting of more than 25 live trees with a trunk width
of six inches or more at a height of 4.5 feet above the average ground
level on any tract or lot within a calendar year. This term shall
not apply to the following, which are permitted by right uses in all
districts: cutting trees that involve less than 20% of all trees on
one or more abutting lots with a trunk width of greater than six inches;
cutting of trees with a trunk width less than six inches; cutting
of fewer than 25 such trees in a calendar year; Christmas tree farms;
or clearing of portions of a lot that is clearly the minimum necessary
for construction. 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.
A building and adjacent loading area where cargo is stored
and where commercial vehicles load and unload cargo on a regular basis
which may or may not include facilities for maintenance, fueling,
storage or dispatching of the vehicles.
See "yard, front."
A building used for the embalming of the deceased for burial,
but not including cremation, and for the display of the deceased and
ceremonies connected therewith before burial or cremation.
An accessory building for the storage of motor vehicles owned
and used by the owner or tenants of the lot for a purpose accessory
to the principal use of the lot and for storage of not more than two
additional motor vehicles owned and used by persons other than the
owner or tenants of the lot, but who are residents of the immediate
neighborhood.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a dwelling except as may be
allowed as a home occupation.
A building, other than a private garage, available to the
general public and used for the parking and storage of motor vehicles,
but which is not used for repair or maintenance of motor vehicles.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 27-503.
See "dwelling, garden apartment."
Generally consistent; that which exhibits consistency.
Homestead Borough Council.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and lot line or, when the lot line is more than six feet
from the building, between the building and a point six feet from
the building.
The sum of the gross horizontal areas of all of the floors
of the building measured from the exterior faces of the exterior wall
or from the center line of walls separating two buildings. For the
purposes of determining permissible size, off-street parking and loading
and similar requirements, floor area shall include floor space devoted
to the principal use of the premises, including accessory storage
areas located within selling or working space such as counters, racks
or closets; any basement floor area devoted to retailing activities;
and floor area devoted to the production or processing of goods or
to business or professional offices. For this purpose, floor area
shall not include space devoted primarily to storage purposes (except
as noted above), off-street parking or loading facilities, including
aisles, ramps and maneuvering space, or basement floor area other
than area devoted to retailing activities, the production or processing
of goods or business or professional offices.
Total floor area designed for the exclusive use and occupancy
of building occupants, including basements, mezzanines and upper floors,
but not including public or common areas such as public toilets, corridors,
stairwells, elevators, machine and equipment rooms, lobbies or mall
areas, whether open or enclosed. GLA shall be measured from the center
line of joint partitions and from the outside wall faces. It is the
area upon which tenants pay rent, including sales area and integral
stock areas.
[2]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.
[Added 7-13-2017 by Ord.
No. 2017-04]
See "dwelling, high-rise apartment."
A board appointed by the Borough Council to review applications
for a certificate of appropriateness for buildings and structures
located within a historic district.
Any area or district within the Borough designated as or
with the potential for designation as a historic district in accordance
with the rules, regulations and definitions of the Bureau for Historic
Preservation of the Pennsylvania Historical and Museum Commission
or which is listed on the National Register of Historic Places or
which is included in any Historic Preservation Ordinance adopted by
the Borough.[3]See “historic structure or site, significant.”
Any site, object or structure identified by the Borough as
having value due to its historic significance.
A building, site or structure that has been identified as
significant in a historic resource survey conducted in accordance
with the guidelines of the Pennsylvania Historic and Museum Commission
or which has been listed or is eligible for listing on the official
national, state or Borough historic register.
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building as regulated by § 27-503 of this Zoning Chapter.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the requirements outlined in § 27-503.
An establishment (including sanitariums) for the short-term
care of patients suffering from physical or mental illness, but not
including narcotics addiction or those found to be criminally insane,
and which may or may not include facilities for major surgery and
which may be publicly or privately operated.
A building or group of buildings containing rooms which provide
sleeping accommodations for transient guests on a daily or weekly
basis and which may provide supporting services such as restaurants,
meeting rooms, recreational facilities and living quarters for a resident
manager or proprietor. The term shall include motor hotel, motor inn,
motor lodge, tourist court and inn.
A building, or portion thereof, with dwelling units and shared
facilities for residents, designed specifically for occupancy predominantly
of persons or heads of households who are 62 or more years of age.
Equipment used to heat, cool or ventilate a structure.
[Added 7-13-2017 by Ord.
No. 2017-04]
The total area of all impervious surfaces on a lot (including
building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common
open space may be included in the acreage for determining impervious
coverage of an adjoining lot.
The nonimpervious coverage may be partially
or wholly met by land that abuts the use, even if such land is in
a different zoning district, an adjoining municipality and an abutting
lot, if such land will be deed restricted as permanent open space
and be so clearly stated on official recorded plans. In such case,
the land shall be properly maintained by the abutting use.
A surface that does not allow (or allows only with great
difficulty) the movement of water.
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots. (See also definitions of "improvements, private" and "improvements, public" in Chapter 22, Subdivision and Land Development.)
Any establishment which provides amusement, recreation or
entertainment for the general public within a completely enclosed
structure for a fee or admission charge, including but not limited
to dance halls, bowling alleys, billiard and pool halls and spas or
health clubs where the principal use includes a gymnasium, exercise
room, swimming pool or other sports facility, but not including theaters,
which are defined separately.
See "manufacturing."
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
[Added 7-13-2017 by Ord.
No. 2017-04]
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials other than materials
permitted under § 27-305.4. Junk shall not include solid
waste that is temporarily stored as is customary in an appropriate
container that is routinely awaiting collection and disposed of in
a manner consistent with state regulations, toxic wastes, grass clippings,
leaves or tree limbs or items clearly awaiting imminent recycling
at an approved recycling use.
Includes any vehicle or trailer that meets any of the following
conditions:
Does not display a license plate with a current
registration sticker and does not have a valid state safety inspection
sticker (except for licensed antique cars not required to have an
inspection sticker). Licenses or inspection stickers that expired
less than 90 days ago shall be considered current for the purposes
of this section;
Cannot be immediately moved under its own power,
in regards to a vehicle designed to move under its own power, other
than a vehicle clearly needing only minor repairs;
Cannot be immediately towed, in regards to a
vehicle designed to be towed;
Has been demolished beyond repair; and/or
Has been separated from its axles, engine, body
or chassis.
See "salvage yard."
A facility which provides room, board and specialized services
to any number of residents who are children under the age of 18 and
are adjudicated by a court to be delinquent or dependent and who are
in need of treatment, supervision or rehabilitation, exclusive of
the minimum number of qualified supervisors on any shift who may or
may not reside in the facility and who are necessary to provide treatment,
supervision or rehabilitative services to the residents.
[Added 8-8-2013 by Ord. No. 1219]
Any household or establishment where more than four dogs
or more than six cats who are more than six months old are kept, bred,
trained and/or boarded at any one time, whether for profit or not.
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. One thousand kW is equal to one megawatt (MW).
[Added 7-13-2017 by Ord.
No. 2017-04]
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Developments authorized to be excluded from the regulations of land development by Chapter 22, Subdivision and Land Development.
A plan prepared in accordance with the application requirements of Chapter 22, Subdivision and Land Development, for approval of a land development, as defined herein.
The legal or beneficial owner of land, including the holder
of an option or contract to purchase (whether or not such an option
or contract is subject to any condition), a lessee, if he is authorized
under the lease to exercise the rights of the landowner; or other
person having a proprietary interest in the land.
A plan identifying each tree and shrub by size, type and
scientific name, the location of each, including a planting diagram
and such other diagrams or reports as are necessary to show the method
of planting, staking and mulching, grass seeding specifications and
mixtures and existing trees to be preserved. Such plans shall be prepared
by a registered landscape architect for land developments of two acres
or more.
The processing or fabrication of materials and products which
does not produce noise or vibration which has measurable effects on
adjoining properties, air or water pollution, fire hazards or other
disturbances or danger to other properties, including but not limited
to the following products and materials: home appliances, office machines,
electrical instruments, timepieces, precision instruments, electronic
devices, jewelry, optical goods, musical instruments, novelties, lithographic
plates, wood products, printed materials, type composition, machine
tools, dies, gauges, ceramics, apparel, lightweight nonferrous metal
castings, film processing, light sheet metal products, plastic goods,
pharmaceutical goods, computer components and food products, not including
animal slaughtering, curing or rendering of fats.
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the keeping of pets section of § 27-503 and beyond what is allowed within the definition of "crop farming." This use shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
INTENSIVE RAISING OF LIVESTOCK Raising of livestock that involves the keeping of more than 100 animals that are routinely confined within a building, pens or cages or any dry lot feed farming operation or any keeping of garbage-fed livestock. See standards in § 27-502.
Off-street space conveniently located, accessible and properly
designed for the temporary use by vehicles making bulk pickups or
deliveries of merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. Such lot shall front on an improved public
street or on an approved private way.
The area within the property lines of an individual parcel
of land, excluding space within the street right-of-way, but including
the area of any easement.
The quotient obtained by dividing the lot area by the total
number of dwelling units to be located on such lot.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
That percentage of a lot which, when viewed directly from
above, would be covered by a structure or structures, or any part
thereof, excluding protecting roof eaves.
The distance between the midpoints of the front lot line
and the rear lot line.
A lot other than a corner lot with frontage on only one street.
A street right-of-way line forming the boundary of a lot.
The lot line that is most distance from and is, or is most
nearly, parallel to the front lot line. If a rear lot line is less
than 15 feet long or if the lot comes to a point at the rear, the
rear lot lines shall be a line at least 15 feet long, lying wholly
within the lot, parallel to the front line.
A lot line which is neither a front lot line nor a rear lot
line.
A lot which individually or as part of a subdivision has
been recorded in the Office of the Recorder of Deeds of the County.
A lot with the frontage on two parallel or approximately
parallel streets, and which is not a corner lot; may also be referred
to as a "double frontage lot."
The distance between the side lot lines measured at right
angles to the lot depth at the established front building line.
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "lots, adjacent."
Includes contiguous lots that share a common lot line or
that are separated only by a street or waterway. See definition of
"lots, abutting."
The making, with substantial use of machinery, of some product
for sale, and associated assembly, fabrication, cleaning, testing,
processing, recycling, packaging, conversion, production, distribution
and repair, with substantial use of machinery, of products for sale.
This term shall not include the following: retail sales, personal
services, slaughterhouse, meat packing or stockyards, solid waste
disposal facility, trucking company terminal or petroleum or kerosene
refining or distillation.
Any establishment for the launching, mooring, servicing and/or
storage (wet and dry) of recreational boats and/or other water vehicles,
including the sale of provisions, supplies and fuel for such boats.
Such use may also include a restaurant and/or boat and motor sales
establishment and live-aboards.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Act 16 of 2016, 35 P.S. § 10231.101 et seq., and
any amendment thereto.
[Added 7-13-2017 by Ord.
No. 2017-05]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is properly registered by the Department of Health to dispense medical
marijuana pursuant to the Medical Marijuana Act.
[Added 7-13-2017 by Ord.
No. 2017-05]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is properly registered by the Department of Health to grow and process
medical marijuana pursuant to the Medical Marijuana Act.
[Added 7-13-2017 by Ord.
No. 2017-05]
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no patients
shall be kept overnight on the premises. This use may involve the
testing of tissue, blood or other human materials for medical or dental
purposes.
A facility licensed by the Department of Health to use the
drug methadone in the treatment, maintenance or detoxification of
persons.
See "dwelling, mid-rise apartment."
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. Mineral
extraction includes but is not limited to the extraction of sand,
gravel, topsoil, limestone, sandstone, coal, clay, shale and iron
ore, but shall not include removal of material from the ground solely
to provide routine fill routine movement of and replacement of topsoil
during construction.
The conduct or carrying on of two or more uses in one building
or on one zoning lot. Typically mixed use includes a combination of
residential and commercial/office/civic uses arranged vertically (in
multiple stories of a single building) or horizontally (in adjacent
buildings).
See "dwelling, sectional or modular home."
The smallest protected assembly of interconnected PV cells.
[Added 7-13-2017 by Ord.
No. 2017-04]
See "hotel."
See "dwelling, multifamily dwelling."
The Pennsylvania Municipalities Planning Code, Act 247 of
1968 (P.L. 805, as amended, 53 P.S. § 10101 et seq.).
Any public, private or quasi-public establishment or building
intended for the acquisition, preservation, study and exhibition of
works of historical, artistic or scientific value.
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
[Added 7-13-2017 by Ord.
No. 2017-04]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of the Borough of Homestead Zoning Chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in the
Borough of Homestead Zoning Chapter, or amendment heretofore or hereafter
enacted, where such structure lawfully existed prior to the enactment
of such chapter or amendment or prior to the application of such chapter
or amendment to its location by reason of annexation. Such nonconforming
structures include but are not limited to nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this Zoning Chapter,
or amendments heretofore or hereafter enacted, where the use was lawfully
in existence prior to the enactment of this Zoning Chapter or applicable
amendment.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than fully opaque covering,
or the showing of the female breast with less than fully opaque covering
of any part of the nipple and areola.
[Added 9-13-2007 by Ord. No. 1196]
A facility licensed to operate as such by the Commonwealth
of Pennsylvania for the purpose of providing skilled or intermediate
nursing care and related medical or other health services. The term
shall not include facilities or acute care or institutions for the
care and treatment of mental illness, alcoholism or narcotics addiction.
The office of an engineer, doctor, dentist, attorney, real
estate broker, insurance broker, architect or other similar professional
person; and any office used primarily for accounting, correspondence,
research, editing or administration. Not included in this definition
are banks and other financial institutions.
The map as adopted by the Borough Council classifying the
streets of the Borough. See definition of "street classification."
This map may be amended by resolution of the Borough Council.
Any establishment that includes off-track betting under an
approved license issued by the Commonwealth of Pennsylvania, as a
principal use, excluding dog or horse racing tracks of any kind. The
loss of an off-track betting establishment's state license automatically
revokes its permitted use status.
Land set aside and used for recreation, agriculture, resource
protection or a buffer area which is freely accessible to all residents
of a development although restrictions may apply to agricultural areas.
Open space does not include land occupied by nonrecreational buildings,
roads and required parking areas or yards of dwellings units required
by this chapter. Open space is normally left in a natural state, except
if safety precludes this, and also with the exception of recreation
areas, which may be surfaced.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public;
If not intended to be publicly owned, is covered
by a system for perpetual maintenance;
Will be deeded to the Borough or deed restricted
to permanently prevent uses of land other than common open space and
noncommercial recreation; and
Does not use any of the following areas to meet
minimum open space requirements: existing or future street rights-of-way,
accessways, buildings (other than accessory buildings and pools clearly
intended for noncommercial recreation), off-street parking (other
than that clearly intended for noncommercial recreation), any area
needed to meet a requirement for an individual lot, any area deeded
over to an individual property owner for their own use, or land with
rights-of-way intended eventually for overhead electrical transmission
of 35 kilovolts or greater capacity.
The Borough Zoning Ordinance, including the Official Zoning
Map and Official Street Classification Map, as amended.
The keeping in an unroofed area of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.
The Pennsylvania Department of Environmental Protection or
any successor agency or agencies.
The Pennsylvania Department of Transportation.
Any lot, parcel or yard used regularly in whole or part for
the storage or parking of more than two vehicles where such usage
is not incidental to or in conjunction with a one- or two-family home.
An off-street space available for parking of a motor vehicle
and which has a hard, all-weather surface and is at least nine feet
wide by 18 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
All areas covered by gravel or impervious surfaces, other
than areas covered by buildings, bicycle paths and pedestrian sidewalks.
The outer boundary of a development site or area.
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Borough Council. (A site plan review by the Planning
Commission and the Borough Council is required for certain permitted
by right uses to ensure that the use would comply with all Borough
ordinances.) A nonconforming use shall not be considered to be a permitted
use.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A facility licensed by the commonwealth located within a
dwelling where room and board is provided to more than three permanent
residents who are not relatives of the operator and who are mobile
or semimobile and require specialized services in such matters as
bathing, dressing, diet and medication prescribed for self-administration
for a period exceeding 24 hours, but who are not in need of hospitalization
or skilled or intermediate nursing care.
Any enterprise providing services pertaining to the person,
their apparel or personal effects commonly carried on or about the
person, including but not limited to shoe repair, tailoring, clothes
cleaning, watch repairing, barbershops, beauty parlors, therapeutic
massage service provided by a licensed practitioner and related activities.
The keeping of domestic animals that are normally considered
to be kept in conjunction with a dwelling for the pleasures of the
resident family. This shall include dogs, cats, small birds, gerbils,
rabbits and other animals commonly sold in retail pet shops.
A semiconductor-based device that converts light directly
into electricity.
[Added 7-13-2017 by Ord.
No. 2017-04]
A building, other than a dwelling, used primarily as a place
of worship for a recognized religious denomination which may also
include as accessory uses rooms for religious education, social or
recreational activities, administrative facilities, preschool or adult
day care.
The Borough of Homestead Planning Commission. [4]
The indoor or outdoor raising of trees, plants, shrubs or
flowers for sale, but not primarily including commercial forestry
or lumber. A plant nursery may include the growth of trees for sale
for internal decoration of homes, such as a Christmas tree farm.
A roofed, open structure projecting from the front, side
or rear wall of a building and having no enclosed feature of glass,
wood or other material more than 30 inches above the floor thereof,
except an awning or screening or the necessary columns to support
the roof.
A building or structure in which is conducted the principal
use of the lot on which the building is situated.
The main use of land or structures as distinguished from
the subordinate or accessory use.
Of or pertaining to any building, structure, use or activity
limited to members of an organization or to other persons specifically
invited or permitted where no advertisement or inducement has been
made to the general public.
An association organized and operated not for profit for
persons who are bona fide members paying annual dues and which owns,
hires or leases premises, the use of which premises is restricted
to such members and their guests. The affairs and management of such
association are conducted by a board of directors, executive committee
or similar body chosen by the members. Food, meals and beverages may
be served on such premises, provided that adequate dining room space
and kitchen facilities are available. Alcoholic beverages may be sold
or served to members and their guests, provided that such service
is secondary and incidental to the promotion of some other common
objective of the organization, and further provided that such sale
or service of alcoholic beverages is in compliance with all applicable
federal, state, county and local laws.
Of or pertaining to any building, structure, use or activity
belonging to or affecting any duly authorized government body.
A building or facility operated by a Borough-approved agency
or organization, in which administrative activities are conducted
or in which educational, emergency or social services are provided
to the general public. Such buildings or uses shall include, but are
not limited to, a municipal building, community center, library, police
services, fire hall or emergency medical service/rescue hall, which
may include housing for emergency personnel while on call, and any
similar use or building, but excluding a school, place of worship,
clinic, day-care center, day-care home, emergency care center, group
care facility, group residence, hospital, medical office, nursing
home, personal care boarding home, public garage, transitional dwelling
or recreational facility as defined by this chapter.
A formal meeting held pursuant to public notice by the governing
body or Planning Commission intended to inform and obtain public comment
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of October
15, 1998 (P.L. 729, No. 93), 65 Pa.C.S.A. § 701 et seq.,
known as the "Sunshine Act."
[Amended at time of adoption of Code (see AO)]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notices
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second notice shall not be
less than seven days from the date of the hearing.
A parking lot owned by a governmental agency. The use may
be operated for the public entity by another agency, either for profit
or not for profit.
Any administrative or service building operated by a public
utility, which does not meet the definition of an "essential service."
An area designated on the Zoning District Map[5] which represents the extension of the line of sight from
a given elevation on an existing public street across a development
site in which no structures or uses shall be permitted other than
permanent open space, required buffer areas, landscaping, public or
private streets, driveways, parking spaces or loading areas.
See "dwelling, quadruplex."
Establishments furnishing point-to-point communication services
whether by wire or radio, either aurally or visually, and the exchange
or recording of messages.
Facilities for leisure and entertainment which do not involve
contact or competitive team sports, including but not limited to sitting
areas, picnic areas, game tables, gazebos, observation areas, bikeways,
fishing areas, walkways, landscaped areas, architectural features,
wildlife sanctuaries and similar facilities.
Land or buildings for the pursuit of sports and similar leisure-time
activities such as parks, swimming pools, tennis courts or ballfields,
which are operated by governmental or nonprofit organizations; excluded
are any amusement establishments or other recreational facilities
of a commercial nature. (See "commercial recreation.")
A center for the acceptance and processing of recyclable
materials from the public, including and limited to glass containers,
plastic containers, aluminum beverage cans, steel/bimetal containers,
newsprint, high-grade office paper and corrugated paper where the
processing shall be limited to crushing, bailing, chipping, shredding
or other operations which physically reduce the mass of the materials,
but which do not alter their composition in any way. This definition
shall not include a junkyard.
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
Any establishment which carries on investigation in the natural,
physical or social sciences or engineering and development as an extension
of such investigation with the objective of creating end products.
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, volleyball court, gazebo, storage shed, greenhouse,
children's playhouse and children's play equipment.
Any group of lots in the WDD containing primarily multifamily
dwellings and/or a mix of residential and commercial and/or business
and/or office uses.
Those activities customarily conducted in living quarters
in an urban setting, and excluding such activities as the keeping
of livestock or fowl, activities resulting in noise which constitutes
a nuisance in a residential area and activities which involve the
storage, visible from off the lot, of motor vehicle parts, machinery
or parts, junk or scrap materials.
An establishment that sells ready-to-consume food or drink
and that routinely involves the consumption of at least a portion
of such food on the premises.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food ordered by the customer at a
window, counter or vehicle, rather than from a table, and which is
designed to facilitate quick service and takeout orders.
Establishments selling merchandise for daily consumption
and purchase, such as food, drugs and similar items. For the purposes
of this chapter, restaurants are excluded from this category.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, car wash,
auto service station, auto repair garage, convenience store or any
restaurant.
A strip of land, occupied or intended to be occupied by a
street, crosswalk, railroad, road, public utilities or other special
uses, which is separate and distinct from any lot or parcel and which
may be publicly or privately owned.
RIGHT-OF-WAY, EXISTING or LEGAL The line separating a lot from the established official street right-of-way
that either the Borough or the commonwealth will own after the completion
of any proposed subdivision, land development or development of a
use under this Zoning Chapter.
RIGHT-OF-WAY, FUTURE or ULTIMATELand that is dedicated or is required to be defined or reserved for
future dedication for use as a street and for related public improvements.
The terms "ultimate right-of-way," "right-of-way reserved for future
dedication" and "future right-of-way" shall have the same meaning.
If a future right-of-way is not required to be defined, then future
right-of-way shall have the same meaning as existing right-of-way.
Any structure designed and/or used for the display and/or
sale of seasonal products, including agricultural products for a period
of no more than 30 consecutive days. Operators of a roadside stand
shall be required to obtain all licenses and permits required by the
Borough, including a vendor's permit.
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste and covering the waste
with soil and which has a permit to operate as a sanitary landfill
from the state.
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
Any area where scrap metal, paper, rags, tires and other
waste and/or used materials are bought, sold, exchanged, stored, bailed,
packaged, disassembled or handled; or where inoperable machinery or
motor vehicles are collected, dismantled, stored or sold as parts.
Any use conducted entirely within an enclosed building is not a salvage
yard.
A place of instruction operated by a public or religious
organization, having regular sessions, with regularly employed instructors
and meeting all the requirements of the Pennsylvania Department of
Education for providing primary, secondary, vocational or postsecondary
education. This definition shall not include commercial schools, as
defined herein.
Decorative fencing or evergreen vegetation maintained for
the purpose of concealing from view the area behind such structures
or evergreen vegetation.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at that point, or the showing of the majority of the male or
female buttocks. This definition shall include the lower portion of
the human female breast but shall not include any portion of the cleavage
of human female breasts exhibited by a bikini, dress, blouse, shirt,
leotard, or similar wearing apparel, provided that the areola is not
exposed in whole or part.
[Added 9-13-2007 by Ord. No. 1196]
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent future street right-of-way or exterior
lot line (when the property is not abutted by a right-of-way). Such
line shall be measured at right angles from and parallel to the front
lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions in § 27-402.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street, if a right-of-way exists. If a private
street does not have a right-of-way, the setback shall be measured
from the edge of the cartway.
A group of more than three retail business establishments
located in a building or buildings developed as a single entity and
sharing a common parking lot. Shopping center may also include personal
service uses or establishments and that primarily involves retail
sales. A shopping center may also include a mix of permitted personal
service, office and commercial recreation uses.
A dwelling, of any type defined by this chapter, which is
rented and/or leased, in whole or in part, for a transient use in
exchange for rent, compensation, or renumeration of any kind, for
less than eight consecutive days.
[Added 11-17-2022 by Ord.
No. 2022-04]
A portion of an existing functioning restaurant that occupies
or directly abuts the sidewalk or right-of-way
A structure that is arranged, intended, designed or used
to advertise, announce or direct; or any device, illustration, description
or identification posted, painted or placed in some fashion on a building,
structure or any surface for such a purpose. For the purpose of removal,
signs shall also include all sign structures.
AWNING, CANOPY SIGNA sign consisting
of individual cutout letters and/or symbols which are painted, stenciled
or otherwise placed on a nonpermanent awning or canopy.
BILLBOARDAn off-premises sign which
advertises an establishment, activity, person, product or service
which is unrelated to or unavailable on the premises on which it is
located and which may be either freestanding or attached to or applied
directly to the surface of a building or other structure.
CONSTRUCTION SIGNA temporary sign
announcing the name of contractors, mechanics or artisans engaged
in performing work on the premises.
DEVELOPMENT SIGNA temporary sign
erected during the period of construction and/or development of a
property by the contractor and developer or their agent.
FLASHING/ANIMATED SIGNAny illuminated
sign on which the artificial light is not maintained stationary and/or
constant in intensity and color at all times.
FREESTANDING SIGNA sign erected
on a freestanding frame, mast or poles and not attached to any building;
also known as a "ground or detached sign."
IDENTIFICATION SIGNA sign indicating
only the name of the individual or organization occupying the premises,
the profession of the occupant or the name and/or address of the building
or management thereof.
ILLUMINATED SIGNAny sign illuminated
by electricity, gas or other artificial light source, including reflecting
or phosphorescent light, but not including projected signs and/or
holograms.
MARQUEE SIGNA sign placed on or
under the edge of any canopy of permanent construction projecting
from the wall of a building.
MEMORIAL/HISTORICAL PLAQUECommemorative
plaques placed by a recognized agency of the Borough, county, state
or federal government to identify locations with historical or local
significance.
MENU BOARDAny exterior sign accessory
to a fast-food restaurant which lists the items which may be purchased
from such fast-food restaurant and prices therefor, for use by drive-through
customers.
MONUMENT or PYLON SIGNAny sign
erected which is freestanding, that is, not attached to another structure,
but not including a menu board.
OFF-PREMISES SIGNA sign which provides
information relative to an establishment, activity, person, product
or service which is unrelated to or unavailable on the lot on which
the sign is located.
OFF-PREMISES DIRECTIONAL SIGNA
sign which conveys instructions or directions to a business, commodity
or service conducted, sold or offered elsewhere than on the premises
where the sign is displayed.
ON-PREMISES SIGNA sign which provides
information relative to an establishment, activity, person, product
or service which is related to or available on the lot on which the
sign is located.
ON-PREMISES DIRECTIONAL SIGNA sign
which conveys instructions or directions with respect to the use of
the lot or building on which the sign is located, including but not
limited to signs which indicate street addresses and the availability
of parking, telephones, rest rooms and other conveniences for the
general public.
OUTDOOR ADVERTISING SIGN (BILLBOARD)An off-premises sign which advertises an establishment, activity,
person, product or service which is unrelated to or unavailable on
the premises on which it is located and which may be either freestanding
or attached to or applied directly to the surface of a building or
other structure.
POLITICAL SIGNA temporary sign
which indicates the name, cause or affiliation of anyone seeking public
office or which refers to an issue concerning which a public election
is scheduled to be held.
PROJECTING SIGNAny sign supported
by a building wall and/or roof attached along one edge by a bracket,
perpendicular to the wall surface or hung from a support attached
to a building wall, projecting no more than six feet.
REAL ESTATE SIGNA temporary sign
advertising the sale or rental of premises. The signs may also bear
the words "sold," "sale pending," "rented" or "open house" across
their face.
TEMPORARY SPECIAL EVENT DISPLAYA banner, flag, pennant or similar display constructed of durable
material and affixed to the wall of a building erected for a period
of less than 60 days whose sole purpose is to advertise a special
event.
TEMPORARY SIGNA sign, the purpose
of which is to identify or announce a short-term, temporary activity
or use of a premises.
WALL SIGNA sign attached to or
erected against a wall of a building with the face horizontally parallel
to the building wall.
WINDOW SIGNA sign or group of signs
affixed to the inside of a display window in a commercial establishment
which advertises a product or service available on the premises or
which announces business hours or other information about the establishment.
WINDOW GRAPHIC SIGNA sign which
is painted permanently on or similarly applied to the inside or outside
of a window.
The area defined by the frame or edge of a sign, excluding
the necessary supports or uprights on which the sign may be placed.
Where there is no frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the copy of letters of the sign. If the
sign consists of more than one section or module, all areas shall
be totaled.
See "dwelling, single-family."
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical distance in feet per 100 feet
or horizontal distance.
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.
[Added 7-13-2017 by Ord.
No. 2017-04]
A solar collection system consisting of one or more buildings
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.
[Added 7-13-2017 by Ord.
No. 2017-04]
A 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.
[Added 7-13-2017 by Ord.
No. 2017-04]
Any garbage, refuse, sewage sludge or other
discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, public,
household or commercial activities.
For the purposes of this Zoning Chapter, the
following materials shall not be considered to be solid waste: portions
of trees or shrubs, leaves, mulch and rocks; substances legally disposed
of into the air or water through a federal or state pollution discharge
permit; customary residual wastes from a permitted mineral extraction
use; or materials of a character such as paper, plastic, aluminum
and metal that have clearly been separated from the waste stream for
recycling.
Land or structures where solid waste is processed,
incinerated or disposed of. This shall only include the following
facilities, each of which shall be required to have all permits required
by the state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility or solid waste-to-energy facility.
The following uses for the purposes of this
Zoning Chapter shall not be considered to be a solid waste disposal
facility: junkyard, recycling collection center, leaf composting,
clean fill or septage or sludge application.
A type of solid waste disposal facility that utilizes waste
(such as trash, sludge or any other nonhazardous commercial, residential
or industrial materials) as a fuel to produce usable energy (such
as steam or electricity) in bulk to be marketed for reuse to offset
disposal costs.
A type of solid waste disposal facility which receives and
temporarily stores solid waste at a location other than the generation
site, and which facilitates the bulk transfer of accumulated solid
waste to a facility for further processing or disposal, and which
may or may not involve the separation of recyclables from solid waste.
A use that is not specifically listed in the Zoning Chapter.
A special exception may be granted only by the Zoning Hearing Board
in accordance with the provisions of this chapter.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended.
A construction or series of constructions placed for a foot
support to assist a person to ascend or descend from one level of
elevation to another.
Any building or portion thereof used for storage of freight
or merchandise for an extended period of time, within an entirely
enclosed structure, but not including the maintenance or fueling of
commercial vehicles.
A small accessory structure, either wholly or partially enclosed,
serving for storage of tools, equipment, supplies or other similar
materials for safekeeping.
A vehicle with or without its own motive power that is used
for commercial storage and/or transportation purposes.
That portion of a building included between the upper surface
of a floor and the lower surface of the floor or roof next above.
Any 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 or pedestrian traffic.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The line defining the edge of the legal width of a dedicated
street right-of-way.
Streets may be classified according to the following:
STREET, ARTERIALA public street
which serves large volumes of local and through traffic and which
collects and distributes traffic from collector streets through the
region.
STREET, COLLECTORA public street
which, in addition to providing access to abutting lots, intercepts
local streets and provides a route for carrying considerable volumes
of local traffic to community facilities and arterial streets.
STREET, LOCALA public street designed
to provide access to abutting lots and to discourage through traffic.
Any man-made object having an ascertainable stationary location
on or in land or 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, transfer or ownership, or building,
or lot development, or partition by the court for distribution to
heirs or devisees; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling shall be exempted.
Any change in an approved land development plan which involves
a change in the means of ingress or egress, any increase in the dwelling
unit density, any change of use, any change in the total parking required
of more than 10% or any change of more than 10% in the total floor
area of all buildings originally proposed in the preliminary land
development plan.
A retail establishment in excess of 10,000 square feet of
gross floor area, which as its principal activity sells food, household
goods and food-related products and which may include, but shall not
be limited to, one or more of the following accessory uses: bakery,
pharmacy, video rental, sale of books, magazines and newspapers, travel
service, photocopying and fax services, sale of flowers and plants
and banking services, including automated teller machines (ATMs).
A body of water in an artificial or semi-artificial receptacle
or other container, whether located in or out of doors, used as a
recreational facility for swimming, bathing or wading and having a
depth of over 24 inches. A swimming pool shall be deemed to include
all buildings, equipment and appurtenances incidental to such a pool.
Any structure or use which, by the type of materials, construction
or intended purpose, is erected or located for not more than six months;
included are tents, stands, construction trailers and other structures
or uses of similar character.
An establishment inside a completely enclosed building devoted
to showing moving pictures and/or legitimate live dramatic or musical
performances, but not including an adult movie theater.
The storage of more than 250 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling, townhouse."
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.
[Added 7-13-2017 by Ord.
No. 2017-04]
A vehicular portable structure built on a chassis designed
to be used as a temporary dwelling for travel and recreational purposes
having a body width not exceeding eight feet.
Occupancy, use or possession of a dwelling by a person or
persons for a period of use less than eight consecutive days, other
than the owner(s) of the dwelling or tenant(s) of the dwelling with
a lease for eight consecutive days or more, and/or the family of such
owner(s) or tenant(s); and further excluding temporary stays by unrelated
individuals that are the guests of such owner(s) or tenant(s) of the
dwelling without payment of any type of rent, compensation or renumeration.
The same person or persons are not permitted to engage in separate
transactions to evade the eight-day limitation of this provision (i.e.,
a person could not rent for seven days and then rent again for the
next seven days).
[Added 11-17-2022 by Ord.
No. 2022-04]
A dwelling unit occupied on a short-term basis by persons
assigned by a court of law or public or semipublic agency responsible
for the occupants' care, safety, conduct, counseling and supervision
for a specified period of time, including alcoholic recovery, shelters
for battered persons and their children, community re-entry services
following incarceration or other court-ordered treatment, and other
such short-term supervised assignments.
Any building or portion thereof used or intended to be used
as an area for loading, unloading and interchange of transit passengers
using public and private transportation, including, without limitation,
bus terminals, rail stations and passenger-related mass transit facilities;
and also including the incidental sale of tickets and passes for such
public and private transportation.
See "dwelling, triplex."
See "dwelling, two-family dwelling."
A commercial use that operates only between the hours of
7:00 p.m. and 11:00 p.m., and does not permit the consumption, storage
or sale of alcohol between these hours, and that may offer entertainment
types other than those permitted in adult entertainment facilities
and adult movie theater. Food and/or nonalcoholic beverages may be
available on the premises contained within an enclosed building.
Area not within a building and not in a defined setback or
yard area.
[Added 7-13-2017 by Ord.
No. 2017-04]
The specific purpose of which land or a building is designed,
arranged, intended for which it is or may be occupied or maintained.
The terms "permitted use," "conditional use" or "special exception
use" shall not be deemed to include any nonconforming use.
Permissive waivers from the terms of this chapter granted
by the Zoning Hearing Board in accordance with the criteria specified
by the Municipalities Planning Code[6] in case(s) where a literal enforcement of provisions of
this chapter will result in unnecessary hardship, due to special conditions
that are not self-imposed by the property owner, provided that the
variance is determined not to be contrary to the public interest and
the spirit and intent of this chapter.
An establishment for the treatment of animals and related
accessory housing or boarding of sick animals. Housing of primarily
healthy animals shall be considered a "kennel" and shall meet the
requirements of that use.
The storage and handling of freight or merchandise, within
entirely enclosed structures, but not including the maintenance or
fueling of commercial vehicles.
An area of land or water meeting one or more definitions
of a "wetland" under federal or Pennsylvania law or regulations.
|
(NOTE: As of 1996, the following was the official
U.S. Army Corps of Engineers' definition of wetlands: "Those areas
that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas." Wetlands are technically defined on the basis
of types of vegetation and soils and the level of the water table
below the surface. As of 1996, the U.S. Army Corps of Engineers and
DEP enforce the wetlands regulations.)
|
Waterfront Development District.
A business primarily engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, which includes the
warehousing of merchandise and which may include distribution of such
merchandise on the site of the principal business.
An open space on a lot which is unoccupied by structures
and unobstructed from the ground upward, except as otherwise provided
herein. (See illustrations at the end of this chapter.[7])
A yard extending along the full width of a front lot line
and back to the required building line. On corner and through lots,
front yards shall be provided along all street frontages.
The required open space extending from the rear of the main
building to the rear lot line (not necessarily a street line) across
the entire width of the lot.
The required open space between the side (face) of any buildings
and the side lot line, extending from the front yard to the rear yard.
Any lot line not a rear line or a front line shall be deemed as a
side line. In the case of a through lot, side yards shall extend from
the rear line of the required front yards. On corner lots, one yard
not fronting on the two streets shall be designated a side yard.
A certificate issued by the Zoning Officer, stating that
the purpose for which a building or land is to be used complies with
all applicable requirements of this chapter for the zoning district
in which it is located or is to be located.
Administrative areas within the Borough designating the uses
to which land can legally be utilized for which the boundaries are
shown on the Zoning Map which is part of this chapter.
The Zoning Hearing Board of the Borough of Homestead.
The official map delineating the zoning districts of Homestead
Borough, Allegheny County, Pennsylvania, together with all amendments
subsequently adopted.[8]
The duly constituted official designated to administer and
enforce this chapter in conjunction with the various sections thereof
defining said duties.
[1]
Editor's Note: Said illustrations are on file
in the Borough offices.
[2]
Editor's Note: The definition of "group care facility," which
immediately followed this definition, was repealed 8-8-2013 by Ord.
No. 1219.
[5]
Editor's Note: The Zoning District Map is
on file in the Borough offices.
[6]
Editor's Note: See 53 P.S. § 10101
et seq.
[7]
Editor's Note: Said illustrations are on file
in the Borough offices.
[8]
Editor's Note: The Zoning Map is on file in
the Borough offices.
