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" or "developer" includes a corporation, partnership
and association, as well as an individual.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The term "shall" is always mandatory.
F.
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designated
to be used or occupied."
G.
The word "building" includes the word "structure."
In addition to the following definitions, diagrams illustrating
selected lot, area and bulk terms appear at the end of this article.
Should there be any discrepancy between a written definition and a
diagram, the written definition shall govern.
The drive within a parking lot providing direct access to
the individual parking spaces and a connection between the parking
spaces and the public street.
A use, building or structure, the use of which is customarily
incidental and subordinate to the main or principal use, building
or structure and which is located on the same lot as the principal
use.
A narrow service way providing a secondary public means of
access to the rear or side of a property or properties otherwise abutting
on a street.
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.
Any change in this chapter or Zoning Map, including addition
of new requirements, revision of existing requirements or deletion
of obsolete requirements, designation of new zoning districts or changing
of existing district boundaries, which necessitates a public hearing
or hearings and approval by Borough Council.
A business, or portion thereof, having on its premises for
use by the public five or more video or electromechanical devices
operated by inserting a coin or token.
See "dwelling, multifamily."[1]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his/her heirs, successors
and assigns.
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 sign, other than one indicating a business conducted on
the premises, upon which advertising matter of any character is printed,
posted or lettered; it may be either freestanding or attached to the
surface of a building or other structure, or applied directly to the
surface. See also "sign."
The Borough of Cheswick.
A line, usually a property or street right-of-way line or
the center line of a street, highway, stream or railroad that demarcates
the limits of a zoning district, parcel or lot or similar area.
An area of land which may include natural or artificial land
forms or a planted area with shrubs, bushes, trees, grass or other
ground cover material, and within which no structure or building shall
be authorized except a wall, fence or planted area which meets the
requirements of this chapter.
Any covered structure that is permanently affixed to the
land. A building shall be considered enclosed if all exterior walls
are solid except for fixed closed or operable windows and doors.
The area of the lot within the building lines, bounded by
the required yards; where there is no required yard, then bounded
by the lot line.
A line which designates the minimum distance that a building
must be erected from a street right-of-way line. Such distance shall
be measured at right angles from the front street right-of-way which
abuts the property upon which said building is located and be parallel
to said right-of-way line. The building line shall not include steps.
The term used to describe the size of buildings and their
relationship to one another, to open areas and to lot lines. Requirements
relating to the bulk include standards for size, including area, height
and floor area of a building; the number of dwelling units in a residential
building in relationship to the area of the lot; and areas in yards
or other open spaces.
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.
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.
The unobstructed sight distance along both roads or driveways
at an intersection and across their included corner, which is considered
sufficient distance to allow the operators of vehicles approaching
simultaneously to see each other in time to prevent a collision. The
minimum sight triangle may vary according to type of street and speed
limit. Sight distance along the street shall be measured at the height
of the driver's eye, which is assumed to be between three and
eight feet above the road surface. (See illustration.[2])
Engaging in a business, enterprise, activity or other undertaking
for profit.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of the development, but excluding
streets, off-street parking areas and areas set aside for public facilities.
A use which may be permitted in one or more zoning districts
upon approval of Borough Council, which may grant approval pursuant
to the standards and criteria contained in this chapter.
See "lot, corner."
The Cheswick Borough Council.
An open, unoccupied, uncovered space partially or wholly
surrounded by the walls of a building or structure.
See "lot coverage."
Days shall be measured by calendar days wherever a time period
is stipulated in this chapter.
A facility providing care, supervision and/or instruction
for more than six preschool-age children and licensed to operate as
such by the Commonwealth Department of Education.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who undertakes a development.
Any change to real estate, including but not limited to the
erection, construction or placement of a structure or building, utilities,
streets, parking and loading areas or other paved filling, grading,
excavation, mining, drilling or dredging operations, or the placement
of mobile homes.
A minor vehicular way providing access between a street and
a parking garage within a lot.
Any building or portion thereof constituting a separate independent
housekeeping establishment for one or more persons and containing
independent cooking, sanitary and sleeping facilities. It shall not
be deemed to include hotels, boardinghouses or rooming houses, institutional
facilities and residence clubs.
SINGLE-FAMILY DWELLINGA detached residential dwelling unit, other than a mobile home, occupied by only one family.
TWO-FAMILY DWELLINGA detached building occupied by only two families, independent of each other, with the two units either attached side by side or one above the other and each unit having separate access to the outside.
MULTIFAMILY DWELLINGA residential building containing three or more separate dwelling units with access directly or via a common hall to the outside.
The maximum number of dwelling units authorized per acre.
A right granted for limited use of private property, often
for location of public utility lines or for access to other properties,
which is guaranteed by the grantor to the grantee.
A place for the sale and consumption of food and/or beverages
to the general public, which includes restaurants, bars, taverns and
similar establishments.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, and duly appointed as the engineer for Cheswick Borough.
The removal of surface materials by the action of the natural
elements.
Any act by which earth, sand, gravel, rock or any similar
material is cut into, dug, quarried, uncovered, recovered, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
An individual or two or more persons related by blood, marriage
or adoption, or a group of not more than five persons, who are not
related, living together in a dwelling unit.
Any structure constructed of wood, metal, wire, mesh or masonry
erected for the purpose of screening one property from another to
assure privacy, protection or confinement of the property. The term
"fence" shall include screening walls, hedges or other planted material
exceeding 30 inches in height.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, piled, transported or moved
to a new location, and shall include the condition resulting therefrom.
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 100-year
flood. The basis for delineation of this district shall be the same
as designated in the documentations of the Flood Insurance Study,
the Flood Insurance Rate Map and the Flood Boundary - Floodway Map
for the Borough of Cheswick as prepared by the Federal Insurance Administration.
See "yard, front."
A fully enclosed building for the storage or parking of motor
vehicles, not including buildings in which fuel is sold, or repair
or other service is performed.
A multifamily structure, usually not exceeding three stories
in height, sometimes designed around courts or common open areas,
frequently having private balconies or patios.
Building and premises where petroleum products, batteries,
tires and automobile accessories may be supplied and sold at retail
and where services may be rendered in connection with these products,
including inspection, greasing, hand washing, polishing, servicing
and adjustment of vehicles, provided that no major repair work is
done.
The sum of the gross horizontal areas of the several 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 and off-street parking and
loading 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.
A facility located in a residential area which provides room,
board and specialized services to eight or fewer unrelated persons,
such as children under 18 years and handicapped or elderly individuals
over 60 years. The individuals must be living together as a single
housekeeping unit with one or more adults providing twenty-four-hour
supervision and one or more personal services, such as food preparation,
assistance with bathing, dressing or other grooming, housekeeping,
emotion security, but not including medical treatment. The group residence
may be operated by a governmental agency or certified agent or a nonprofit
corporation. This category shall not include facilities operated by
or under the jurisdiction of any government bureau of corrections
or similar institution.
A row of closely planted shrubs, bushes or trees forming
a boundary or fence or serving as a barrier.
The vertical distance measured from the average elevation
of the proposed finished grades immediately adjacent to the front
or rear facade, whichever has the lower ground elevations, to the
highest point of the roof for flat roofs or to the mean height between
eaves and highest ridge line for sloped roofs. Chimneys, flues, stacks,
fire escapes, gas holders, elevator enclosures, ventilators, skylights,
water tanks and similar roof structures required to operate and maintain
the building on which they are located shall not be included in calculating
maximum height.[3]
An occupation conducted in a dwelling unit by members of
the family residing on the premises, provided that such occupation
shall be clearly incidental and subordinate to the unit's residential
purpose and shall be conducted entirely within the principal residential
structure.
A building or group of buildings containing rooms which provide
sleeping accommodations for transient guests on a daily or weekly
basis. The term shall include motor hotel, motor inn, motor lodge,
tourist court, inn and similar uses.
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, shall be deemed
to be a landowner.
Space conveniently located, accessible and properly designed
for the temporary used by vehicles making bulk pickups or deliveries
of merchandise or materials.
Any parcel or tract of land on which a main building and
any accessory buildings are placed, together with the required open
spaces. Such lot shall front on an improved public street or on an
approved private way. In case of subdivision or combination of lots,
no lot shall be created which does not meet the requirements of this
chapter.
The total area within the boundary of a lot, but excluding
the area of land bounded by any front lot line, the center line of
a street right-of-way on which it fronts and the side lot lines intersecting
the front lot line at its end extended to the center line of the street
right-of-way.
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot.
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 midpoints of the front lot line and
the rear lot line.
The distance between side property lines, measured along
the street right-of-way line.
A street right-of-way line forming the boundary of a lot.
The lot line that is most distant from and is, or is most
nearly, parallel to the front lot line. If a rear lot line is less
than 15 feet long, or if the lot comes to a point at the rear, the
rear lot line shall be a line at least 15 feet long, lying wholly
within the lot, parallel to the front line. If a zoning lot has two
or more front lot lines, the owner or developer shall designate the
yard which is to be the rear yard.
A lot line which is neither a front lot line nor a rear lot
line.
A lot which is part of a subdivision recorded in the office
of the recorder of Allegheny County or a lot or parcel described by
metes and bounds, the description of which has been so recorded.
The distance between the side lot lines measured at right
angles to the lot depth at the established front building line.
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°.
A lot that extends through a block to abut streets along
both front and rear lot lines.
A portion of an off-street loading area set aside so that
trucks may enter and leave said area moving in a forward direction.
The mechanical or chemical transformation of materials or
substances into new products, or the assembly of component parts of
manufactured products, if the new product is neither a structure nor
other fixed improvement.
A facility for the examination and treatment of ill and afflicted
human outpatients, including doctor and dental offices and clinics,
provided that patients are not kept overnight except under emergency
conditions.
The conduct or carrying on of two or more uses of one building.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly and constructed so that it may be used with
or without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utilities, connections and other appurtenances necessary
for the erections thereon of a single mobile home, which is leased
by the park owner to the occupants of the mobile homes erected on
the lot.
A tract of land, with or without structures, on which trees
and plants are raised or stored for transplanting and sale.
An institution, duly licensed as such by the commonwealth,
for the provision of skilled nursing or intermediate care, but not
including facilities for surgical care or institutions for the care
and treatment of mental illness, alcoholism or narcotics addiction.
A permit issued by the Zoning Officer before the occupancy
of any new or remodeled building, use of land or change of use, which
certifies that all the requirements of this chapter and other applicable
ordinances have been met.
See "billboard."
The Pennsylvania Department of Environmental Resources.
The Pennsylvania Department of Transportation.
A 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 one motor vehicle.
The outer boundary of a development site or area.
An activity which is expressly allowed to occur on a property
by virtue of the property's location in a particular zoning district.
A facility, located in a residential area, where the resident
household provides room, board and specialized services to eight or
fewer unrelated persons. These individuals may be children, handicapped,
elderly or otherwise in need of specialized supervision and care.
This category of facility requires licensing, certification or supervision
by the Pennsylvania Department of Public Welfare.
The Cheswick Borough Planning Commission.
An open or roofed exterior appendage to a main or accessory
structure, projecting from the front, side or rear walls of the structure.
For purposes of this chapter, porches shall include structures and
home additions commonly referred to as "patios," "sun rooms," "sun
porches," "decks" and similar structures or construction. Stoops or
slabs which extend beyond the front, side or rear walls of a main
structure a distance of more than four feet and/or exceed the length
of six feet along said front, side or rear walls are deemed to be
porches by definition. Permanent or temporary awnings which extend
beyond five feet from the front, side or rear walls of the main structure,
or which are partially or wholly supported by posts, poles, spires
or similar construction or structures set beyond the walls of the
main structure are deemed to be porches by definition.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
The main use of land or structures as distinguished from
a subordinate or accessory use.
Of or pertaining to any building, structure, use or activity
that is 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 at their annual meeting. 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.
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 or less than 14 days from the date
of the hearing.
Underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems and their required buildings, owned and operated by a public
utility (licensed by the Pennsylvania Public Utility Commission),
municipal or other governmental agency. Essential services do not
include public or private incinerators, landfills or similar waste
disposal facilities, whether or not owned or operated by a Public
Utility Commission-regulated entity.
A dwelling not contained in the principal building on the
lot, usually with access to a rear alley or over yards of the principal
building to a public street.
Any leisure time activity, such as a game, sport or hobby,
which is pursued voluntarily for pleasure, fun, relaxation, exercise,
self-expression or release from boredom, worry or tension.
A building, structure or area of land specially designed
or designated for a recreational activity, such as a playground, park
or tennis court.
The conversion of an existing single- or two-family dwelling
to a multifamily dwelling.
Those activities customarily conducted in living quarters
in an urban setting, and excludes 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.
Commercial establishments engaged in selling merchandise
directly to customers for personal or household consumption and rendering
services incidental to the sale of goods.
A residential building, other than a hotel, in which part
or parts are kept, used or held out to be a place where sleeping accommodations
are offered for hire for three or more persons.
Any outdoor 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 for parts.
Any public or parochial place of instruction, including institutions
of higher learning or vocational school, having regular sessions with
regularly employed instructors and meeting all the requirements of
the Pennsylvania Department of Education, but excluding any privately
operated school of trades, vocations, avocations or business.
Decorative fencing, planted vegetation, natural land form,
or a combination of these, which is maintained for the purpose of
concealing from view the area behind the screening material.
Commercial establishments providing a wide variety of services
for individuals, business and government establishments and other
organizations. Examples of service businesses are personal services,
such as laundries, barbershops and beauty shops, shoe repair, business
services, such as advertising, copying, computer processing and security,
automotive and other miscellaneous repair services.
A group of commercial businesses developed as a single entity
and sharing a common parking lot.
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.
WALL SIGNA sign attached to or erected against a wall of a building, with the face horizontally parallel to the building wall.
FREESTANDING SIGNA sign erected on a freestanding frame, mast or poles and not attached to any building, and also known as a "ground or detached sign."
The area defined by the frame or edge of a sign, excluding
the necessary supports or uprights on which the sign may be placed.
Where there is no frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the copy or letters of said sign. If the
sign consists of more than one section or module, all areas shall
be totaled.
A sign which offers the premises for sale, rent or development;
advertises the services of professionals or building trades during
sale, construction or alteration of the premises upon which the sign
is located; or announces other short-term activities.
A plan of a proposed development or use on which is shown
topography, location of all buildings, structures, roads, rights-of-way,
boundaries, all essential dimensions and bearings and any other information
deemed necessary by the Borough or prescribed by this chapter.
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 of rise, in feet, per
100 feet of horizontal distance. For purposes of this chapter, any
slope exceeding 15% or rising more than 15 feet in 100 horizontal
feet shall be considered a steep slope area.
Approval for a particular use granted by the Zoning Hearing
Board, according to the provisions contained in this chapter.
A construction or series of constructions placed for a foot
support to effectuate the ascending or descending of a person or persons
from one level of elevation to another.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it. Any floor under a
sloping roof at the top of a building, which is more than two feet
below the top plate, shall be counted as a story; and if less than
two feet below the top plate, it shall be counted as a half story.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or other way, whether public or private, used
or intended to be used by vehicular or pedestrian traffic.
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, ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another or to link one community with another.
STREET, COLLECTORStreets designed to collect traffic from local streets and then to convey it to the major arterials.
STREET, LOCALStreets designed to serve only the traffic needs of and provide access to a limited area or neighborhood.
Any assembled, erected or constructed object having a stationary
location on or in land or water, whether or not it is affixed to the
land. This includes, but is not limited to, gazebos, storage sheds
or containers, freestanding posts, pillars, fences and similar uses.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods. Supply yards shall not include salvaging, dismantling
or storage of automobiles or other vehicles.
A body of water in an artificial or semiartificial 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 building, 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 one year or less. Included
are tents, stands, construction trailers and similar uses or structures.
A multifamily structure consisting of a series from three
to six attached dwelling units, separated from one another by continuous
vertical walls without opening from basement to roof.
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.
The specific purpose of which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Permissive waivers from the terms of this chapter, granted
by the Zoning Hearing Board, in cases where a literal enforcement
of provisions of the chapter will result in unnecessary hardship,
due to special conditions that are not self-imposed, provided that
the variance is determined not to be contrary to the public interest
and the spirit and intent of this chapter.
Any building or premise where the repair of automobiles,
trucks, motorcycles, trailers or other vehicles takes place. This
includes rebuilding or major reconditioning of nonoperable or damaged
motor vehicles or trailers or any parts thereof, collision service,
painting and engine steam cleaning.
Commercial establishments primarily engaged in selling merchandise
to retailers; to industrial, commercial, instructional, farm or professional
business users; to other wholesalers; or acting as agents or brokers
in buying merchandise for or selling merchandise to such persons or
companies.
An open space on a lot which is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein. (See
illustrations.[4])
A yard extending along the full length of a front lot line
and back to the required building line. On a corner lot, each yard
that abuts a front lot line shall be considered a front yard.
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 building
and the side lot line, extending from the front yard to the rear yard.
Any lot line not a rear line or a front line shall be deemed as a
sideline.
The Zoning Hearing Board of Cheswick Borough.
The official designated by the Borough Council to administer
and enforce this chapter.
A permit, issued by the Zoning Officer, stating that the
purpose for which a building or land is to be used is in conformity
with the uses permitted and all other requirements of this chapter
for the zoning district in which it is located or is to be located.
Diagram 1 Building Height Measurement
|
Diagram 2 Area and Bulk Regulation Terms
|
Diagram 3 Clear Sight Triangle
|
[1]
Editor's Note: For the definition of "dwelling, multifamily,"
see "dwelling unit."
[2]
Editor's Note: The illustration referred to is included
at the end of this section.
[3]
Editor's Note: An illustration of building height measurement
is included at the end of this section.
[4]
Editor's Note: Illustrations of front, side and rear
yards are included in a diagram of area and bulk regulation terms
at the end of this section.
