As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
A building or structure, which has not been occupied for
a period of 12 months (one year). The building or structure shall
be deemed deserted.
ABANDONMENT
The relinquishment of property, of a cessation of the use
of the property, by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming the use of
the property.
ACCESSORY BUILDING
A building which is subordinate to the main building on the
lot and is used for purposes customarily incidental to the use of
the main building or lot.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
[Added 7-18-2022 by Ord. No. 689]
ACCESSORY STRUCTURE
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
ACRE
A measure of land area containing 43,560 square feet.
ADDITION
A.
A structure added to the original structure at some time after
the completion of the original;
B.
An extension or increase in floor area or height of a building
or structure.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
ALLEY
A service roadway providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
ALTERATIONS, STRUCTURAL
Any interior or exterior change which would prolong the life
of the supporting members of a building such as bearing walls, columns,
beams, or girders.
AMERICANS WITH DISABILITIES ACT (ADA)
A 1990 federal law designed to bring disabled Americans into
the economic mainstream by providing them equal access to jobs, transportation,
public facilities, and services.
ANTENNA
Any exterior apparatus designed for telephonic, radio, television
communications through sending and/or receiving of electromagnetic
waves.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
APARTMENT
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
APARTMENT HOUSE
A structure containing three or more rental dwelling units.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors,
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative, or final,
required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plat or plan or
for the approval of a development plan. (This may include zoning variances
related to the application.)
APPOINTING AUTHORITY
The Mayor in cities; the Board of Commissioners in counties;
the council in incorporated towns and townships; the Board of Commissioners
in townships of the first class; and the Board of Supervisors in townships
of the second class; or as may be designated in the law providing
for the form of government.
AUTHORITY
A body politic and corporate created pursuant to the Act
of June 19, 2001, (P.L. 287, No. 22), 53 Pa.C.S.A. § 5601
et seq., under the former Act of June 28, 1935 (P.L. 463, No. 191),
known as the Municipality Authorities Act of 1935, or under the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945.
AUTOMATIC CAR WASH
A structure containing facilities for washing automobiles
and automatic or semiautomatic application of cleaner, brushes, rinse
water, and heat for drying.
AUTOMOBILE REPAIR
Engine rebuilding or major reconditioning work for damaged
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair; overall painting of vehicles, incidental
repairs; replacement of parts; motor service to automobiles; state
inspection.
AUTOMOBILE SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles; and including as an accessory use of the
sale and installation of lubricants, tires, batteries, and similar
vehicle accessories.
BAR
Premises used primarily for the sale or dispensing of alcoholic
beverages by the drink for on-site consumption and where food may
be available for consumption on the premises as accessory to the principal
use.
BASEMENT
A story partly underground, but having at least 1/2 of its
height above the average level of the adjoining ground. 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 five feet or more or if the basement is
used for business or dwelling purposes.
BOARD
Any body granted jurisdiction under a land use ordinance
or under the MPC, as amended, to render final adjudications.
BUFFER AREA
A strip of land, which is planted and maintained in shrubs,
bushes, trees, grass, or other landscaping material and within which
no structure is permitted, except a wall or fence. This includes open
spaces, landscaped areas, fences, walls, berms, or any combination
thereof used to physically separate or screen one use or property
from another to visually shield or block noise, lights, or other nuisances.
Buffers are to be maintained by the property owner or homeowners'
association.
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been meet.
BUILDING
Any structure having a roof supported by columns or walls,
for the shelter, housing, or enclosure of any individual, animal,
process, equipment, goods or materials of any kind.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot above the ground level, measured at the
greatest outside dimensions, excluding cornices, eaves, gutters or
chimneys projecting not more than 18 inches, bay windows not extending
through more than one story and not projecting more than five feet,
one story open porches projecting not more than then 10 feet, steps,
and balconies.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot of the total lot area.
BUILDING INSPECTOR
The individual designated by the appointing authority to
enforce the provisions of the building code.
BUILDING LINE
A line parallel to the street line touching that part of
a building closest to the street.
BUILDING SCALE
The relationship of a particular building, in terms of building
mass, to other nearby and adjacent buildings.
BUILDING SET-BACK LINE
The line within a property defining the required minimum
distance between any building and the adjacent right-of-way or property
line. This face includes sun parlors and covered porches whether enclosed
or unenclosed, but does not include walks, steps, paved areas, or
terraces.
A.
FRONT SET-BACK LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
B.
SIDE SET-BACK LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
C.
REAR SET-BACK LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
D.
WIDTH OF BUILDING LINEThe horizontal distance between side lot lines measured at the minimum prescribed front yard setback line, after any easement areas are accounted for, as set forth in this chapter.
BUILDING HEIGHT
The vertical distance from finished grade to the top of the
highest roof beams on a flat or shed roof, the deck level on a mansard
roof, and the average distance between the eaves and the ridge level
for gable, hip, and gambrel roofs. Based on the basement's finished
floor height.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is located.
BULK REGULATIONS
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building can be located, including coverage, setbacks, height,
floor area ratio, and yard requirements.
BUS SHELTER
A small, roofed structure, usually having three walls, located
near a street and designed to accommodate the disabled.
BUS TERMINAL OR STATION
Any premises for the storage or parking of motor-driven buses
and the loading and unloading of passengers.
BUS TURNOUT
A paved indentation at the side of a roadway designed to
allow buses to pick up and discharge passengers.
CALIPER
The diameter of a tree trunk, measured three feet or higher
from ground level.
CERTIFICATE OF OCCUPANCY (CO)
A document issued by a governmental authority allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all the
applicable municipal codes and ordinances.
CHANGE OF USE
Any use that substantially differs from the previous use
of a building or land.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and
protection of children.
CHURCH
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
CLUB
A group of people organized a common purpose to pursue common
goals, interests, or activities and usually characterized by certain
membership qualifications, payment of fees and dues, regular meetings,
and a constitution and bylaws.
CO-LOCATED WIRELESS COMMUNICATIONS FACILITY (CO-LOCATED WCF)
Wireless communications facilities co-located on existing
structures, such as, but not limited to, buildings, water towers,
electrical transmission towers, utility poles, light poles, traffic
signal poles, flagpoles and other similar structures that do not require
the installation of a new wireless support structure.
[Added 7-18-2022 by Ord. No. 689]
CO-LOCATION
The mounting of one or more WCFs, including wireless antennas,
on a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 7-18-2022 by Ord. No. 689]
COMMERCIAL USE
Activity involving the sale of goods or services carried
out for profit.
COMMUNICATIONS SERVICE PROVIDER
Any of the following:
[Added 7-18-2022 by Ord. No. 689]
A.
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
B.
A provider of information service as defined in Section 3(20)
of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
C.
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
COMPACT CAR SPACE
Any motor vehicle space that does not exceed 15 feet in length
and five feet, nine inches in width.
COMPREHENSIVE PLAN
A comprehensive, long-range plan intended to guide the growth
and development of a community or region that typically includes inventory
and analytic sections leading to recommendations for the community's
future economic development, housing, recreation and open space, transportation,
community facilities, and land use, all related to the community's
goals and objectives for these elements.
CONCEPTUAL PLAN
Informal review of a plan for development that carries no
vesting rights or obligations on any party. See Plat, Sketch.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions in Article
VI of the Pennsylvania Municipalities Planning Code. (A use permitted in a particular zoning district upon
showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of the
use a specified in this chapter and authorized by the approving agency.)
CONDITIONAL USE PERMIT
A permit issued by the Board of Commissioners of Reserve
Township stating that the conditional use meets all conditions set
forth in local ordinances.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and solely the owners of those portions designate the remainder
of which for common ownership. Real estate is not a condominium unless
the undivided interests in portions of the real estate designated
for common ownership are vested in the unit owners.
CONDOMINIUM ASSOCIATION
The community association that administers and maintains
the common property and common elements of a condominium.
CONFERENCE CENTER
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, and meeting rooms.
CONSERVATION AREA (GREENWAYS)
Environmentally sensitive areas with characteristics such
as steep slopes, wetlands, floodplains, high water tables, forest
areas, endangered species habitat, dunes, or areas of significant
biological productivity or uniqueness that have been designated for
protection from any activity that would significantly alter their
ecological integrity, balance, or character.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection, or relationship.
CONSTRUCTION PERMIT
Legal authorization for the erection, alteration, or extension
of a structure.
CONVENTION FACILITY
A building or portion thereof designed to accommodate 300
or more people in assembly.
CONVERSION
A change in the use of land or a structure.
COUNTRY CLUB
Land area and buildings containing golf courses, recreational
facilities, a clubhouse, and customary accessory uses, open only to
members and their guests.
COUNTY
Any county of the second through eighth class.
COUNTY COMPREHENSIVE PLAN
A land use and growth management plan prepared by the county
department of planning and economic development and adopted by Allegheny
County which establishes broad goals and criteria for municipalities
to use in preparation of their Comprehensive Plan and land use regulations.
CUL-DE-SAC
The turnabout at the end of a dead-end street.
DAY CARE
A.
CHILD DAY CAREAny premise other than the child's own home operated for profit or not for profit, in which child day care is provided at any one time to four, five, or six children who are not relatives of the care giver.
B.
ELDERLY DAY CARECare given in a home or public structure to elderly persons who need supervision for personal needs in which meals and nursing care may or may not be directly available.
DECIBEL
A unit of sound pressure level.
DECISION
Final adjudication of any board or other body granted under
jurisdiction under any land use ordinance or PA MPC to do so, either
by reason of the grant of exclusive jurisdiction or by reason of appeals
from determinations. All decisions shall be appealable to the Court
of Common Pleas of the county and the jurisdictional district wherein
the municipality lies.
DENSITY
The number of families, individuals, dwelling units, households,
or housing per unit of land.
DESIGN REVIEW
The submission of a site or building design for review by
the design review body constituted to comment or make recommendations
on the design or to grant approval.
DESIGN STANDARDS
A set of guidelines defining parameters to be followed in
site and/or building design and development.
DESIGNATED GROWTH AREA
A region within a county or counties described in a municipal
or multimunicipal plan that preferably includes and surrounds a city,
townships or village, and within which residential and mixed use development
is permitted or planned for at densities of one unit to the acre or
more, commercial, industrial and institutional uses are permitted
or planned for and public infrastructure services are provided or
planned.
DETERMINATION
A final action by an officer, body, or agency charged with
the administration of any land use ordinance or application thereunder,
except the following:
B.
The zoning hearing board.
C.
The Planning Committee, only if and to the extent the planning
agency is charged with the final decision on preliminary or final
plans under the subdivision or land development ordinance or planned
residential development provisions. Determinations shall be appealable
only to the Boards designated as having the jurisdiction for such
appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivisions, all covenants related to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways, and parking facilities,
common open space and public facilities. The phrase "provisions for
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
DISTRICT, ZONING
A section of the Township for which uniform regulations governing
the use, height, area, and intensity of use of buildings and land
and open spaces about buildings are herein established and referenced
on the Township Zoning Map.
DRIVE AISLE
The traveled way by which cars enter and depart parking spaces.
DWELLING UNIT
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A.
DETACHED HOUSEA dwelling unit occupying the whole of a freestanding residential structure.
C.
DUPLEXA residential structure divided horizontally into two dwelling units and situated on the same parcel.
[Amended 3-21-2022 by Ord. No. 688]
D.
TOWNHOME or ROW HOUSEA structure with one or more vertical party walls or lot-line walls containing two or more one-family dwelling units and with each one-family dwelling unit situated on a separate and distinct parcel.
[Amended 3-21-2022 by Ord. No. 688]
E.
APARTMENTA dwelling unit separated horizontally and/or vertically from one or more other units in a structure.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing WCF that does
not substantially change the physical dimensions of such WCF involving:
[Added 7-18-2022 by Ord. No. 689]
A.
Co-location of new transmission equipment;
B.
Removal of transmission equipment; or
C.
Replacement of transmission equipment.
EMERGENCY
A condition that:
[Added 7-18-2022 by Ord. No. 689]
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency, or joint planning commission.
ENVIRONMENTALLY SENSITIVE AREA
An area with one or more of the following characteristics:
A.
Slopes in excess of 25% (Can exceed if a professional geologist
report verifies that soils can exceed 25% on 50% of the site)
C.
Soils classified as having a high water table.
D.
Soils classified as highly erodible, subject to erosion, or
highly acidic.
E.
Land incapable of meeting percolation requirements.
F.
Land formerly used in landfill operations or hazardous industrial
use.
J.
Mature strands of native vegetation.
K.
Aquifer discharge and recharge areas.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 7-18-2022 by Ord. No. 689]
FAMILY
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
FARM STRUCTURE
Any building or structure used for agricultural purposes.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building, in cars
on the premises, or off the premises.
FCC
Federal Communications Commission.
[Added 7-18-2022 by Ord. No. 689]
FEASIBILITY STUDY
An analysis of a specific project or program to determine
if it can be successfully carried out.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
FENCE, LIVING
A planted visual barrier provided along a property line consisting
of low-level shrubs, hedges, or similar landscape screening materials,
but excluding trees.
FIRE LANE
An unobstructed paved or improved surface area clearly defined
by pavement markings and signs, at least 12 feet wide and designed
to provide access for fire-fighting equipment.
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
The floodplain consisting of the floodway and the flood fringe
area. See "floodplain."
FLOODPLAIN
The channel and the relatively flat area adjoining the channel
of a natural stream or river that has been or may be covered by floodwater.
FLOODWAY
The channel and the adjacent flat areas that must be reserved
in order to discharge the regulatory base flood without cumulatively
increasing the water surface elevation more than two tenths of one
foot.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less that six feet.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading; and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
FOOT CANDLEPOWER
Luminous intensity expressed in Isolux patterns taken down
to a specified level. (The unit of illumination when the foot is the
unit of length.)
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, transporting, and selling trees for commercial purposes,
which does not involve any land.
FRONTAGE
That side of a lot abutting on a street; the front lot line.
FUTURE GROWTH AREA
An area of a municipal or multimunicipal plan outside of
and adjacent to a designated growth area where residential, commercial,
industrial, and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provisions of public
infrastructure services.
GARAGE
A deck, building, parking structure, or part thereof, used
or intended to be used for the parking and storage of vehicles.
GARAGE, MUNICIPAL
A structure owned or operated by a municipality and used
primarily for the parking and storing of vehicles owned by the general
public.
GARAGE, PRIVATE CUSTOMER AND EMPLOYEE
A structure that is accessory to a nonretail commercial or
manufacturing establishment, building, or use and is primarily for
the parking and storage of vehicles operated by the customers, visitors,
and employees of such building and that is not available to the general
public.
GARAGE, PRIVATE RESIDENTIAL
A structure that is accessory to a residential building and
that is used for the parking and storage of vehicles owned and operated
by the residents thereof and that is not a separate commercial enterprise
available to the general public.
GARAGE, PUBLIC
A structure, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
GOVERNING BODY
The elected Township Commissioners of Reserve Township.
GROSS FLOOR AREA
See "floor area" and "floor area, net."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions.
HEALTH CLUB
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
and saunas, showers, massage rooms, and lockers.
HEARING
An administrative proceeding conducted by a board pursuant to Article
IX, Section 909.1 of the Pennsylvania Municipalities Planning Code, as amended.
HELIPORT
An area, either at ground level or elevated on a structure,
licensed by the federal government or an appropriate state agency
and approved for the loading, landing, and takeoff of helicopters
and including auxiliary facilities, such as parking, waiting room,
fueling, and maintenance equipment.
HOME OCCUPATION
A business, profession, occupation or trade conducted for
gain or support entirely within a residential building or structure
accessory thereto, without special signs or displays, which is incidental
and secondary to the use of such building for dwelling purposes and
does not change the essential residential character of such building.
No one living outside the home may be employed nor shall any commodity
be sold or warehoused in the residential building or structure.
HOME PROFESSIONAL OFFICE
A home occupation consisting of the office of a practitioner
of a recognized profession. See Home Occupation.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
HOMES FOR THE AGED
A supervised personal care facility at a single address,
other than a hotel, adult foster care facility, hospital, nursing
home, or county medical care facility that provides room, board, and
supervised personal care to 21 or more unrelated, nontransient individuals
55 years of age or older. "Home for the aged" includes a supervised
personal care facility for 20 or fewer individuals 55 years of age
or older if the facility is operated in conjunction with and as a
distinct part of a licensed nursing home.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients suffering from illness,
disease, injury, deformity, and other abnormal physical or mental
conditions and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices, and staff residences.
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, entertainment, and recreational facilities.
IMPACT FEE
A fee imposed on a development to help finance the cost of improvements or services (as permitted under Article
V, Section 505-A of the PA MPC).
INDUSTRIAL PARK
A tract of land that is planned, developed, and operated
as an integrated facility for a number of individual industrial uses,
with consideration to transportation facilities (rail and highway),
circulation, parking, utility needs, aesthetics, and compatibility.
INDUSTRIAL, LIGHT
Industrial uses that meet the performance standards, bulk
controls, and other requirements established in an ordinance.
INFILL DEVELOPMENT
The development of new housing or other buildings on scattered
vacant sites in a built-up area (i.e., villages)
INFRASTRUCTURE
Facilities and services needed to sustain industry, residential,
commercial, and all other land use activities.
JUNK
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition.
LAND
Ground, soil, or earth, including structures on, above, or
below the surface.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more 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
(2)
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.
C.
Development in accordance with Section 503 (1.1) of the PA MPC.
LAND USE ORDINANCE
Any ordinance or map adopted pursuant to the Pennsylvania
Municipalities Planning Code.
LANDOWNER
The legal or beneficial owner or owners 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 land.
LANDSCAPE
A.
An expanse of natural scenery;
B.
Lawns, trees, plants; and
C.
Other natural materials, such as rock and wood chips, and decorative
features, including sculpture, patterned walks, fountains, and pools.
LANDSCAPE PLAN
A component of a development plan on which is shown proposed
landscape species (such as number, spacing, size at time of planting,
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffer and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
LICENSED CARE FACILITY
A facility operated pursuant to a license issued by the Commonwealth
of Pennsylvania for a nursing home, intermediate unit, personal care,
assisted living or any similar care facility stated in the license
other than a hospital or child-care center.
LOADING SPACE
A space within the main building or on the same lot therewith
providing for the standing, loading, or unloading of vehicles.
LOT
A designated parcel, tract, or area of land established by
a plat, subdivision, or as otherwise permitted by law, to be separately
owned, used, developed, or built upon.
LOT AREA
The total area within the lot lines of a lot, excludes any
streets rights-of-way.
LOT AVERAGING
A design technique permitting one or more lots in a subdivision
be undersized, providing an equal or greater area oversize the same
number of lots in the same subdivision.
LOT COVERAGE
That percentage of the parcel or lot area that is covered
by the building area, paved areas, parking and accessory structures.
LOT LINE
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line.
LOT, BUILDING LINE OF
The line that bounds the buildable area of the lot, including
front, rear, and side building lines exclusive of any easement.
LOT, CONFORMING
A lot occupied or unoccupied by building or structures, fronting
on a public street or a street in a plan of land subdivision, and
having such area and open spaces thereon as are required by this chapter
for one of the uses permitted in the district in which it is located.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersection or upon tow parts of the same street forming
an interior angle of less than 135°.
LOT, DEPTH
The distance between the front and rear lot lines, perpendicular
or radial to the right-of-way line, measured along the median between
the two side lot lines.
LOT, FLAG
A large lot not meeting minimum frontage requirements and
where access to the public road is by a narrow, private right-of-way
or driveway.
LOT, IMPROVED
A.
A lot upon which a building can be constructed and occupied;
B.
A lot with buildings or structures.
LOT, RECORDED
A lot designated on a plot or subdivision duly recorded pursuant
to the statute with the Recorder of Deeds of Allegheny County. A "recorded
lot" may or may not coincide with a conforming lot or a nonconforming
lot.
LOT, REVERSE FRONTAGE
A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
LOT, THROUGH
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
LOT, WIDTH
The horizontal distance between the side lot lines measured
along the front and rear building lines of the lot.
MAINTENANCE GUARANTEE
Any security that may be required and accepted by a governmental agency to assure that necessary improvements will function as required for a specific period (as per Article
V of the PA MPC). (Performance and Maintenance Bonds).
MANUFACTURED HOUSING
Factory-built, single-family structures that meets the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401 et seq.), commonly known as the HUD (U.S. Department
of Housing and Urban Development) code (these units should have the
DCED SEAL under the kitchen sink).
MARQUEE
Any hood, canopy, awning, or permanent construction that
projects from a wall of a building, usually above an entrance.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
their differences, culminating in a written agreement which the parties
themselves create and consider acceptable.
MICRO WIRELESS FACILITY
A small wireless communications facility that:
[Added 7-18-2022 by Ord. No. 689]
A.
Does not exceed two cubic feet in volume; and
B.
Has an exterior antenna no longer than 11 inches.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone, and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil, and natural gas.
MINI-MALL
A shopping center of between 80,000 to 150,000 square feet
on a site of eight to 15 acres where tenants are located on both sides
of a covered walkway with direct pedestrian access to all establishments
from the walkway.
MIXED-USE ZONING
Regulations that permit a combination of different uses within
a single development.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at the site complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent
foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 7-18-2022 by Ord. No. 689]
MODULAR UNIT or MODULAR HOME
A unit transported on a removable or nonremovable frame,
in which some or all of the component parts are fabricated, formed
or assembled off-site in a factory, transported to the site for assembly
and installed on the building site with a permanent foundation. The
term includes "module," "prefab," "factory built," "panel built,"
and similar other terms. The completed unit shall comply with building
code standards for conventionally constructed units; the modular unit
is considered real property. The completed unit's kitchen sink must
display the seal of the Pennsylvania Department of Community and Economic
Development.
MOTEL
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
MULTIMUNICIPAL PLANNING AGENCY
A planning agency comprised of representatives of more than one municipality and constituted as a joint planning commission in accordance with Article
XI of the PA MPC, or otherwise by resolution of the participating municipalities
to address on behalf of the municipalities' multimunicipal issues,
including but not limited to agricultural and open space preservation,
natural and historic resources, transportation, housing and economic
development.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the act
of June 19, 2001, (P.L. 287, No. 22), 53 Pa.C.S. § 5601
et seq., under the former Act of June 28, 1935 (P.L. 463, No. 191),
known as the Municipality Authorities Act of 1935, or under the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
MUNICIPALITY
Any city of the second class A or third class, township,
incorporated town, township of the first or second class, county of
the second through eighth class, home rule municipality, or any similar
general purpose unit of government which shall hereafter created by
the General Assembly.
NET AREA OF LOT (NET ACREAGE)
The area of the lot excluding those features or areas that
the development ordinance excludes from the calculations.
NO-IMPACT HOME BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses;
B.
The business shall employ no employees other than family members
residing in the dwelling;
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature;
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights;
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood;
F.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood;
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area; and
H.
The business may not involve any illegal activity.
NOISE
An undesired audible sound.
NOISE POLLUTION
Continuous or episodic excessive noise in the human environment.
NONCONFORMING LOT
A lot the area or dimensions, of which was lawful before
the adoption or amendment of this chapter, but that fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING SIGN
Any lawful existing sign on the effective date of an ordinance,
or amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended ordinance.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereinafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
NURSERY
Land or greenhouses used to raise flowers, shrubs, and plants
for sale.
NURSING HOME
Licensed medical facilities that are inspected and licensed
by the Pennsylvania Department of Health. They must meet both state
and federal regulations. There is third-party reimbursement (Medicare
and Medicaid) for those who qualify based on income.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
OCCUPANCY or OCCUPIED
The residing of an individual or individuals overnight in
a dwelling unit or the storage or use of equipment, merchandise, or
machinery in any public, commercial or industrial building.
OCCUPANCY PERMIT
A required permit allowing the use of a building or structure
after it has been determined that all the requirements of applicable
ordinances have been met.
ODOROUS MATTER
Any material that produces an olfactory nuisance to a human
being.
OFF-SITE PARKING
Parking provided for a specific use but located on a site
other than the one on which the specific use is located.
OFF-STREET LOADING
Designated areas located adjacent to buildings where trucks
may load and unload cargo.
OFFICE BUILDING
A building used primarily for conducting the affairs of a
business, profession, service, industry, or government, or like activity,
and may include ancillary services for office workers, such as a restaurant,
coffee shops, newspaper or candy stand, and child-care facilities.
OFFICE PARK
A development on a tract of land that contains a number of
separate office buildings, accessory, and supporting uses, and open
space designed, planned, constructed, and managed on an integrated
and coordinated basis.
OFFICIAL MAP
A map adopted pursuant to Article
IV of the Pennsylvania Municipalities Planning Code. (An ordinance in map form adopted by the governing body that conclusively shows the location and width of proposed streets, public facilities, public areas, and drainage rights-of-way.)
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is located
on a dedicated street right-of-way.
OPEN SPACE, COMMON
A parcel or parcels of land or an area water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development not including
streets, off-street parking areas, and areas set aside for public
facilities. (Essentially unimproved and set aside, dedicated, designated,
or reserved for public or private use or enjoyment or the use and
enjoyment of owners, occupants, and their quests of land adjoining
or neighboring such open space.)
OPEN SPACE, GREEN
An open space not occupied by any structures or impervious
surfaces.
OPEN SPACE, PRIVATE
Common open space, the use of which is normally limited to
the occupants of a single dwelling or building or property.
ORDINANCE
A municipally adopted law or regulation.
ORNAMENTAL TREE
A deciduous tree planted primarily for its ornamental value
or for screening purposes; tends to be smaller at maturity than a
shade tree.
OUTDOOR STORAGE
The keeping, in an enclosed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
OVERLAY ZONE
A zoning district that encompasses one or more underlying
zones, and that imposes additional requirements above that required
by the underlying zone.
PARKING ACCESS
The area of parking lot that allows motor vehicles ingress
and egress from the street.
PARKING AREA
Any public or private area of a building or structure, designed
and used for parking motor vehicles, including parking lots, garages,
private driveways, and legally designated area of public streets.
PARKING AREA, PRIVATE
A parking area for the exclusive use of the owners, tenants,
lessees, or occupants of the lot on which the parking area is located
or their customers, employees, or whomever else they permit to use
the parking area.
PARKING BAY
The parking module consisting of one or two rows of parking
spaces and the aisle from which motor vehicles enter and leave the
spaces.
PARKING LOT
An off-street, ground level open area, usually improved,
for temporary storage of motor vehicles.
PARKING SPACE
A space for the parking of motor vehicle within a public
or private parking area.
PERFORMANCE STANDARDS
A set of criteria or limits relating to certain characteristics
that a particular use or process may not exceed.
PERMIT
Written governmental permission issued by an authorized official,
empowering the holder thereof to do some act not forbidden by law
but not allowed without such authorization.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PLACE OF WORSHIP
A.
A church, synagogue, temple, mosque, or other facility that
is used for prayer by persons of similar beliefs;
B.
A special purpose building that is architecturally designed
and particularly adapted for the primary use of conducting on a regular
basis formal religious services by a religious congregation (see "church").
PLANNED DEVELOPMENT
An area of minimum contiguous size, as specified by ordinance,
to be planned, developed, operated, and maintained according to plan
as a single entity and containing one or more structures with appurtenant
common areas.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage, and required open space to the regulations
established in any one district created, from time to time, under
the provisions of the municipal zoning ordinance.
PLANNING AGENCY
A planning commission, planning department, or a planning
committee of the governing body.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PLAT, SKETCH
An adequately dimensioned drawing of the area affected by
a structure development located on land shown on a plan of survey,
including structure area and height, locations of public use and other
spaces, and the relationship to existing and proposed buildings/structures
and properties and setbacks.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
PREEXISTING USE
The use of a lot or structure before the time of the enactment
of a zoning ordinance.
PRESERVATION or PROTECTION
When used in connection with the natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contain soils of
the first, second, or third class as defined by the United States
Department of Agriculture Natural Resources Conservation Services
county soil survey.
PRIVATE CLUB
A building and related facilities owned or operated by a
corporation, association, or group of individuals established for
the fraternal, social, educational, recreational, or cultural enrichment
of its members and not primarily for profit and whose members pay
dues and meet certain prescribed qualifications for membership.
PROFESSIONAL OFFICE
The office of a member of a recognized professional maintained
for the conduct of that profession.
PROPERTY
A lot, parcel, or tract of land together with the building
and structures located thereon.
PUBLIC AREAS
Parks, playgrounds, trails, paths, and other recreational
areas and open spaces; scenic and historic sites; schools and other
places where the public is directly or indirectly invited to visit
or permitted to congregate.
PUBLIC BUILDING
Any building structure, facility, or complex used by the
general public, whether constructed by any state, county, or municipal
government agency or instrumentality or any private individual, partnership,
association, or corporation including, but not limited to, assembly
buildings, such as auditoriums, libraries, public eating places, schools
and theaters; business buildings, such as offices; and factories and
industrial buildings.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreation areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency intended to inform and obtain public comment
prior to taking actions, in accordance with the provisions of the
PA MPC.
PUBLIC INFRASTRUCTURE AREAS
A designated growth area and all or any portion of a future
growth area described in a county or multimunicipal Comprehensive
Plan where public infrastructure services will be provided and outside
of which such public infrastructure services will not be required
to be publicly financed.
PUBLIC INFRASTRUCTURE SERVICES
Services provided to areas with densities of one or more
units to the acre, which may include sanitary sewers and facilities
for the collection and treatment of sewage, water lines and facilities
for pumping and treating of water, parks and open space, streets and
sidewalks, public transportation and other services that may be appropriated
within a growth area, but shall exclude fire protection and emergency
medical services and any other service required to protect the health
and safety of residents.
PUBLIC MEETING
A forum (meeting) held pursuant to notice under 65 Pa.C.S.A.
§ 701 et seq.
PUBLIC NOTICE
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC UTILITY
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety, and welfare.
REAR YARD
A yard extending across the full width of the lot extending
forward in depth the required minimum distance from the rear lot line
to the nearest side of the building on the lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities.
RECREATION FACILITY, PERSONAL
A recreation facility provided as an accessory use of the
same lot as the principal permitted use and designed to be used primarily
by the occupants of the principal use and their guests.
RECREATION FACILITY, PRIVATE
A recreation facility operated by a nonprofit organization
and open only to bona fide members and guests of such nonprofit organization.
RECREATIONAL VEHICLE
A vehicle-type portable structure without permanent foundation
that can be towed, hauled, or driven and primarily designed as a temporary
living accommodation for recreational, camping, and travel use.
REGIONAL PLANNING AGENCY
A planning agency that is comprised of representatives from
more than one county. Regional planning shall include providing technical
assistance to counties and municipalities, mediating conflicts across
county lines and reviewing county Comprehensive Plans for consistency
with one another.
RELIGIOUS USE
A structure or place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held.
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
REPAIR GARAGE
A structure where motor vehicles and their parts are serviced
and repaired for a fee.
REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT
OF A WCF)
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 7-18-2022 by Ord. No. 689]
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RESIDENTIAL CLUSTER
A form of planned residential development to be developed
as a single entity according to a plan and containing residential
housing units that have a private or public open space area as an
appurtenance.
RESIDENTIAL HEALTH CARE FACILITY (RHCF)
Residences usually occupied by the frail elderly that provide
rooms, meals, personal care, and health monitoring services under
the supervision of a professional nurse and that may provide other
services, such as recreational, social, and cultural activities, financial
services, and transportation.
RESTAURANT
An establishment where food and drink are prepared, served,
and consumed primarily within the principal building. See "restaurant,
carryout."
RESTAURANT, CARRYOUT
An establishment that by design of the physical facilities,
service, or packaging sells prepared ready-to-eat foods intended primarily
to be consumed off the premises where food and/or beverages are sold
in a form ready for consumption, and pickup of food may take place
from an automobile.
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
RETAIL SALES, OUTDOOR
The display and sale of products and services primarily outside
of a building or structure, including vehicles, garden supplies, gas,
tires and motor oil, food and beverages, boats and aircraft, farm
equipment, motor homes, burial monuments, building and landscape materials,
and lumber yards.
RETAIL SERVICES
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including eating and drinking places, hotels and motels, finance,
real estate and insurance, personal service, motion pictures, amusement
and recreation services, health, educational, and social services,
museums, and galleries.
RETIREMENT COMMUNITY
Any age-restricted development, which may be in any housing
form, including detached and attached dwelling units, apartments,
and residences, offering private and semiprivate rooms.
RURAL RESOURCE AREA
An area described in a municipal or multimunicipal plan within
which rural resource uses including, but not limited to, agriculture,
timbering, mining, quarrying, and other extractive industries, forest
and game lands, and recreation and tourism are encouraged and enhanced,
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
SATELLITE DISH ANTENNA
A device comprised of a reflective surface that is solid,
open mesh, or bar-configured and is in the shape of a shallow dish,
cone or horn. Such device shall be used to transmit or receive radio
or similar type signals between terrestrially and/or Earth orbiting
satellites. This definition is meant to include but is not limited
to what are commonly referred to as satellite Earth stations, TVRO's
(Television Reception Only), and microwave antennas.
SCHOOL
Any building or part thereof, which is designed, constructed,
or used for education or instruction in any branch or knowledge.
SCHOOL DISTRICT
A district that serves as a unit for state financing and
administration of elementary and secondary schools.
SCHOOL, ELEMENTARY
Any school licensed by the state and that meets the state
requirements for elementary education.
SCHOOL, PAROCHIAL
A school supported and controlled by a church or religious
organization. See "school, private."
SCHOOL, PRIVATE
Any building or group of buildings the use of which meets
state requirements for elementary, secondary, or higher education
and which use does not secure the major part of its funding from any
governmental agency.
SCHOOL, SECONDARY
Any school licensed by the state and that is authorized to
award diplomas for secondary education.
SCREENING
A.
A method of visually shielding or obscuring one abutting or
nearby structure or use from another by fencing, walls, berms, or
densely planted vegetation;
B.
The removal of relatively course floating and/or suspended solids
by straining through racks or screens.
SEASONAL STRUCTURE
A temporary covering erected over a recreational amenity,
such as a swimming pool or tennis court, for temporary or extended
use, during cold weather months or inclement conditions.
SEASONAL USE
A temporary use carried on for only a part of the year, such
as outdoor golfing, swimming during the summer months or skiing during
the winter months.
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual, and private
storage spaces of varying sizes leased or rents on individual leases
for varying periods.
SERVICES
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government,
and other enterprises, including hotels and other lodging places;
personal, business, repair, and amusement services; health, legal,
engineering, and other professional services; educational services;
membership organizations; and other miscellaneous services.
SETBACK
The distance between the building and lot line.
SETBACK LINE
The line that is the required minimum distance from any lot
line and that establishes the area within the principal structure
must be erected or placed. See "building line."
SHADE TREE
A tree, usually deciduous, planted primarily for overhead
canopy.
SHED
A building or structure used as a storage place or workshop
and may not have a maximum square footage of greater than 160 square
feet and a maximum height of 10 feet.
SHOPPING CENTER
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
SIGN
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projects images.
SIGN, ANIMATED OR MOVING
Any sign or part of a sign that changes physical position
or light intensity by any movement or rotation or that gives the visual
impression of such movement or rotation.
SIGN AREA
The entire face of a sign, including the advertising surface
and any framing, trim, or molding but not including the supporting
structure.
SIGN CONTROL
Regulations on the number, size, location, height, color,
materials, lighting, and content of signs.
SIGN PROJECTION
On a sign attached to a wall, the distance from the exterior
wall surface to the sign element farthest distance from such surface.
SIGN, BENCH
A sign painted, located on, or attached to any part of the
surface of a bench, seat, or chair placed on or adjacent to a public
place or roadway.
SIGN, BILLBOARD
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered at a location other than
the premises on which the sign is located.
SIGN, BULLETIN BOARD
A sign that identifies an institution or organization on
the premises on which it is located and that contains the name of
the institution or organization, the names of individuals connected
with it, and general announcements of events or activities occurring
at the institution or similar messages.
SIGN, BUSINESS
A sign which directs attention to a business, or profession
conducted, or to a commodity or service sold, offered, or manufactured,
or to an entertainment offered on the premises where the sign is located.
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, contractors or similar artisans, and
the owners, financial supporters, sponsors, and similar individuals
or firms having a role or interest with respect to the structure or
project.
SIGN, DIRECTIONAL
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, DIRECTORY
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities.
SIGN, FACE
The area or display surface used for the message.
SIGN, FLASHING
Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever.
SIGN, GOVERNMENTAL
A sign erected and maintained pursuant to and in discharge
of any governmental functions or required by law, ordinance, or other
governmental regulation.
SIGN, GROUND
Any sign, other than a pole sign, in which the entire bottom
is in contact with or is close to the ground and is independent of
any other structure.
SIGN, HOLIDAY DECORATION
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local,
or religious holiday.
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying
symbol; address; or any combination of the name, symbol, and address
of a building, business, development, or establishment on the premises
where it is located.
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
SIGN, INFLATABLE
Any display capable of being expanded by air or other gas
and used on a permanent or temporary basis to advertise a product
or event.
SIGN, MEMORIAL
A sign, tablet, or plaque memorializing a person, event,
structure, or site.
SIGN, NAMEPLATE
A sign located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
SIGN, ON-SITE INFORMATIONAL
A sign commonly associated with, and not limited to, information
and directions necessary or convenient for visitors coming on the
property, including signs marking entrances and exits, parking areas,
circulation direction, rest rooms, and pickup and delivery areas.
SIGN, POLE
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is six feet or more above
grade.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state, or local election.
SIGN, PORTABLE
A sign that is not permanent, affixed to a building, structure,
or the ground.
SIGN, PRIVATE SALE OR EVENT
A temporary sign advertising private sales of personal property,
such as "house sales," "garage sales," "rummage sales," and the like,
or private not-for-profit events, such as picnics, carnivals, bazaars,
game nights, or art fairs, craft shows, and Christmas tree sales.
SIGN, PROJECTING
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
SIGN, ROOF
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top wall or edge of a building with a flat roof, the eave
line of a building with a gambrel, gable, or hip roof, or the deck
line of a building with a mansard roof.
SIGN, SUSPENDED
A sign hanging down from a marquee, awning, or porch that
would exist without the sign.
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas,
fabric, plywood, or other light material and designed or intended
to be displayed for a short period of time.
SIGN, WALL
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility that meets the following
qualifications:
[Added 7-18-2022 by Ord. No. 689]
A.
Each wireless antenna associated with the wireless communications
facility is no more than three cubic feet in volume.
B.
The volume of all other equipment associated with the wireless
communications facility, whether ground-mounted or pole-mounted, is
cumulatively no more than 28 cubic feet.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and §
430-28 of this chapter.
SPECIALTY FOOD STORE
A retail store specializing in a specific type or class of
foods, such as an appetizer store, bakery, butcher, delicatessen,
fish market, or gourmet store.
SPECIFIC PLAN
A detailed plan for nonresidential development of an area
covered by a municipal or multimunicipal Comprehensive Plan, which
when approved and adopted by the participating municipalities through
ordinances and agreements supersedes all other applications.
SPECIFICATIONS
Detailed instructions that designate the quality and quantity
of materials and workmanship expected in the construction of a structure.
STATE LAND USE AND GROWTH MANAGEMENT REPORT
A land use and growth management report to be prepared by
the Center for Local Government Services and which shall contain information,
data and conclusions regarding growth and development patterns in
this Commonwealth and which will offer recommendations to commonwealth
agencies for coordination of executive action, regulation and programs.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 7-18-2022 by Ord. No. 689]
STORY, HALF
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with head room of
five feet or less occupies at least 40% of the total area of the story
directly beneath.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, ally, viaduct and any other ways used or intended to
be used for vehicular traffic or pedestrians whether public or private.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to land.
STRUCTURE, HEIGHT OF
Other than a building, the vertical measured distance from
the adjacent finished grade level to the highest point of the structure.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
[Added 7-18-2022 by Ord. No. 689]
SUBSTANTIALLY COMPLETED
Where, in the judgment of the municipal engineer, at least 90% of (based on the cost of the required improvements for which financial security was posted pursuant to Article
V, Section 509 of the PA MPC), for those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SWIMMING POOL, PRIVATE
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used, and maintained for swimming and bathing.
TAVERN
An establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as accessory to the primary use.
TAX MAP
The map of delineated lots or tracts in a municipality showing
boundaries, bearings, sizes, and dimensions, including the block and
lot numbers.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a wireless communications facility or its design or
site location can be implemented without a material reduction in the
functionality of the wireless communications facility.
[Added 7-18-2022 by Ord. No. 689]
TEMPORARY STRUCTURE
A structure without any foundation or footings and that is
removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
TEMPORARY USE
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
TERRACE
A flat roof used for open-air activities.
THEATER, DRIVE-IN
An open lot devoted primarily to the showing of motion pictures
or theatrical productions on a paid admission basis to patrons seated
in automobiles.
THEATRE
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 7-18-2022 by Ord. No. 689]
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and discernible edge. The center of the neighborhood is in the form
of a park, common, plaza, square, or prominent intersection of two
or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of materials,
goods, or objects, or as a temporary office.
TRANSFER OF DEVELOPMENT RIGHTS (TRD)
The attaching of development rights to specific lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed appropriate.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
USE, INSTITUTIONAL
Any uses which serve a community’s educational, religious,
social, health care, recreational, and cultural needs. Institutions
may be privately owned or owned and/or operated by government/nonprofit
agencies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
USER CHARGES
A requirement of government under which those that benefit
directly from a particular municipal service pay all or part of the
cost.
UTILITY POLE
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
[Added 7-18-2022 by Ord. No. 689]
UTILITY, PRIVATE OR PUBLIC
A.
Any agency that, under public franchise or ownership, or under
certificate of convenience and necessity, or by grant of convenience
and necessity, or by grant of authority by a governmental agency,
provides the public with electricity, gas, heat, steam, communication,
transportation, water, sewage collection, or other similar service;
B.
A closely regulated enterprise with a franchise for providing
a needed service, see "public utility."
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and
IX of the PA MPC. (Permission to depart from the literal requirements of
a zoning ordinance).
VARIANCE, DIMENSIONAL
A departure from any provision of a zoning ordinance except
use. See "variance, hardship."
VARIANCE, HARDSHIP
A departure from the provisions of a zoning ordinance relating
to setbacks, side yards, frontage requirements, and lot size that,
if applied to a specific lot, would significantly interfere with the
use of the property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
VARIANCE, USE
A variance granted for a use or structure that is not permitted
in the zone.
VEHICLE, MOTOR
A self-propelled device used for transportation of people
or goods over land surfaces and licensed as a motor vehicle.
VEHICLE, OFF-ROAD (ORV)
Vehicles designed for use on a variety of nonimproved surfaces
and including dune buggies and all-terrain vehicles, snowmobiles,
trail bikes, mopeds, and motorbikes.
WAREHOUSE
A building used for the storage of goods and materials.
WIRELESS ANTENNA
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 7-18-2022 by Ord. No. 689]
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added 7-18-2022 by Ord. No. 689]
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 7-18-2022 by Ord. No. 689]
YARD
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in this chapter. See
"buildable area"; "lot line"; "setback line."
[Amended 1-16-2023 by Ord. No. 692]
YARD, FRONT
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line.
YARD, REQUIRED
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line.
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
ZERO LOT LINE
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
ZONING
The delineation of districts and the establishment of regulations
governing the use, placement, spacing and size of land and buildings.
ZONING APPEALS
The Zoning Hearing Board hears and decides requests by landowners
or persons aggrieved who believe that any officer or agency of the
municipality made a decision or issued an order that is not authorized
by or is contrary to this chapter.
ZONING MAP
The map or maps that are a part of this chapter and delineate
the boundaries of zone districts.
ZONING OFFICER
The administrative officer designated to administer this
chapter and issue zoning permits.
ZONING ORDINANCE
An ordinance or map adopted pursuant to the authority granted in Articles
IV,
V,
VI, and
VII of the Pennsylvania Municipalities Planning Code.
ZONING PERMIT
A document signed by a Zoning Officer, as required in this
chapter, as a condition precedent to the commencement of a use, or
the erection, construction, reconstruction, restoration, alteration,
conversion, or installation of a structure or building, that acknowledges
that such use, structure, or building complies with the provisions
of this chapter or an authorized variance therefore.