A.
For the purpose of this chapter, certain terms and words are herein
defined. Words used in the present tense include the future; the singular
number includes the plural and the plural the singular; the words
"used for" or "occupied by" include the meaning "intended for," "designed
for," and "redesigned for."
B.
The word "person" includes the individual, corporation, partnership,
incorporated association or any other similar entity.
C.
The word "lot" shall include the words "tract" and "parcel."
D.
The word "includes" or "including" shall not limit the term to the
specified example, but is intended to extend its meaning to all other
instances of like kind and character.
E.
The word "shall" is mandatory. The word "should" means strongly recommend
or so far as possible. The word "may" is permissive.
The following words and phrases shall have the meanings given
in this section as follows:
To intentionally cease the use of a property, excluding temporary
or short-term interruptions during periods of remodeling, maintaining
or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure. An "intent to resume" can
be shown through continuous operation of a portion of the facility,
maintenance of sewer, water, and other public utilities, or other
outside proof of continuance such as bills of lading, delivery records,
etc.
A structure clearly and customarily subordinate to and on
the same lot as the principal building and used exclusively for purposes
constituting an accessory use. Accessory structures include but are
not limited to private garages, barns, utility sheds, greenhouses
and buildings for housing household pets, and excluding signs, antennas,
communications towers, communications facilities, telecommunications
equipment buildings, co-location/shared-use communications facilities
and power-mounted/shared-use communications facilities. Operable or
inoperable vehicles or any portion thereof shall not be considered
accessory structures.
A use conducted on the same lot as a principal use to which
it is related; a use which is clearly incidental to and customarily
found in connection with a particular principal use.
The definition for this term and for all uses included under
this term shall apply as are provided in Title 68, Part II, Subpart
E, Chapter 55, Section 5502, of the Pennsylvania Consolidated Statutes,
as amended. Such definitions in Pennsylvania Statues are hereby included
by reference, including but not limited to, the definitions for "adult
bookstore," "adult entertainment," "adult mini motion-picture theater,"
"adult motion-picture theater," "sexual activities," "specified anatomical
areas," and "specified sexual activities."
See "sign" and "off-premises sign."
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.
Places which land manned piloted aircraft. The term "airport"
shall include helicopter pads and any other type of landing strip
or pad to receive manned piloted aircraft of any type.
All incidental changes in or replacements to the nonstructural
parts of a building or other structure, minor changes or replacements
in the structural parts of a building or other structure, enlargements,
whether by extending on a side or by increasing in height, or the
moving from one location to another.
Any change in the supporting members of a building, such
as bearing walls, partitions, columns, beams, foundations or girders;
any substantial change in the roof or the piercing of exterior walls.
See "dwelling, multifamily."
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
An indoor commercial use with four or more electronic machines
for amusement or entertainment, with such machines activated by the
use of tokens or coins. The use of three or fewer of such devices
shall be a permitted accessory use to any lawful principal commercial
use. This shall not include an adult video store.
Any premises in which food, shelter, personal care, assistance,
or supervision and supplemental health care services are provided
for a period exceeding 24 hours for four or more adults who are not
relatives of the operator, who require assistance or supervision in
such matters as dressing, bathing, diet, financial management, evacuation
from the residence in the event of an emergency or medication prescribed
for self-administration.
A building and/or land where repairs, improvements and installation
of parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "gasoline service station." An auto repair
garage shall include, but not be limited to, any use that involves
any of the following work: major mechanical or body work, straightening
of body parts, painting, welding or rebuilding of transmissions. In
addition, any use permitted as part of a gasoline service station
is also permitted as part of an automobile repair garage.
Sales, leasing, rental and related servicing of new and used
operable and road-worthy automobiles, light trucks, vans and sports
utility vehicles, boats, off-road vehicles and recreational vehicles
limited to a capacity of not more than 1 1/2 tons, motorcycles,
motor scooters, mopeds, all-terrain vehicles, snowmobiles, go-carts,
utility trailers and similar items; excluding, however, commercial
wrecking, dismantling or junkyards. Automobile repair and body work
may occur as accessory uses.
That portion of a building which is partly or completely
below grade. (See "story above grade.")
A detached dwelling unit operated by the dwelling's
owner in which a maximum of five rooms provide overnight guests sleeping
quarters for a period of not more than 14 consecutive nights in a
thirty-day period, with or without breakfast meals for hire or for
pay. A bed-and-breakfast shall not include a boardinghouse, group
living facility, motel or hotel.
A sign, greater than 50 square feet in area, displaying advertising,
whether of a stable or changeable copy nature, which pertains to a
business, organization, event, person, place, service or product not
principally located or sold on the premises upon which said sign is
located.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A residential use in which any or all of the following applies:
Individual room(s) that do not meet the definition of a lawful
dwelling unit are rented for habitation by a total of two or more
persons who are not related to the owner of record of the property;
A dwelling unit that includes greater than the maximum permitted
number of unrelated persons (see the definition of "family"); or
If individual units of living space not meeting the definition
of a lawful dwelling unit are separately rented to person(s) who are
not related to the owner of record of the property.
A boardinghouse shall not include a use that meets the definition
of the following uses: treatment center, abused person shelter, hotel,
dormitory, motel, life care center, personal care center, bed-and-breakfast
use, group home or nursing home. A college fraternity or sorority
house used as a residence shall be considered a type of boardinghouse.
A boardinghouse may either involve or not involve the providing of
meals to residents.
This use shall only involve renting living accommodations for
minimum periods of five consecutive days. See "motel."
The entire membership of the Borough Council of the Borough
of West Mifflin.
Facilities owned, operated and maintained by the Borough.
"Borough infrastructure" includes, but is not limited to, roads, curbs,
stormwater inlets, storm and sanitary manholes and pipes, walkways,
drives, etc.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other ground cover material and within which
no structure or building is permitted except a wall or fence.
Any structure having enclosing walls and roofs and requiring
a permanent location on the land.
MAIN BUILDINGThe building or portion thereof housing the principal use of the land. The word "building" refers to "main building."
ACCESSORY BUILDINGA subordinate building, the use of which is customarily incidental to that of the principal or main building and is used for an accessory use and is located on the same lot.
BUILDING LINEA line parallel to the lot, a distance therefrom as prescribed in this chapter for a required yard, and, where there is no required yard, then the lot line; the line established by law, beyond which a building shall not extend, except as specifically provided by law. This space includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include walks, steps, terraces, decks and patios.
BUILDABLE AREAThe area of a lot within the building lines, bounded by the required yards, and, where there is no required yard, then bounded by the lot line.
BUILDING HEIGHTSee "height of building."
The most recently adopted or amended West Mifflin Borough Building Code as set forth in Chapter 100, Construction Codes, Uniform, of the Code of the Borough of West Mifflin.
The person appointed by the Borough Council to such office
or any duly authorized deputy of such Building Inspector. (See also
"Zoning Officer.")
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
A single parcel of land occupied or intended to be occupied
by a principal building or principal structure; a building site shall
be synonymous with a lot or parcel of land. "Building site" shall
include the yards and courts required for light and ventilation and
such areas that are prescribed for access to the street.
With respect to communications facilities, communications
towers, communications antennas and communications equipment buildings,
the condition in which such device is hidden, disguised to appear
to be part of or placed within an existing or proposed building or
structure, or to be a naturally occurring feature of the natural environment.
A structure or area used for the purpose of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles but not
including an incidental one-bay washing facility in a gasoline service
station where washing facilities are accessory to the operation of
said service station. A self-operated vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be a car wash.
A building in which one or more gaming tables, wagering devices
or machines, or other games of chance are present and available for
persons to wager money or something of value on an uncertain outcome,
with an unassured prospect of winning money or other stakes, prizes,
or something of value, including by way of illustration, but not limitation:
bingo, keno, raffles, video poker, roulette, parimutuels, blackjack
and other card games. This definition does not apply to games of chance
operated by charitable organizations licensed according to state law.
See "basement."
Land that is reserved for the burying of the dead and that
could contain mausoleums and columbaria but not crematoriums.
See "street, center line of."
A public, private, nonprofit or profit facility regulated
and licensed by the Pennsylvania Department of Public Welfare ("DPW"),
providing care or supervision to children, excluding care provided
by the operator to his or her relatives (child, stepchild, grandchild
or foster child) and care furnished in places of worship during religious
services. The following are the categories of child day care:
SMALL-FAMILY CHILD DAY-CARE HOMEA home 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 unrelated to the operator.
LARGE-FAMILY CHILD DAY-CARE HOMEA home 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 between seven and 12 children unrelated to the operator.
CHILD DAY-CARE CENTERThe premises in which care is provided at any one time for seven or more children unrelated to the operator.
A building or structure or group of buildings or structures
that, by design and construction, are primarily intended for conducting
organized religious services, and where recreation, amusement or dining
may occur as accessory activities.
Any establishment, other than an outdoor recreation facility
operated by a private organization for recreational, educational,
fraternal, or social purposes, but only open to members and their
guests and not to the general public.
The use of a single mount or tower by more than one carrier
for the mounting of communications antennas.
Land or buildings used for the storage of contractors'
construction equipment, equipment parts, materials and supplies, wheeled
construction equipment, heavy equipment, machinery, trucks and motor
vehicles. Contractors include a general contractor, excavation contractor,
landscaping contractor, building contractor, oil or well drilling
contractor or similar contractor where the above items are stored
or where a contractor performs maintenance, cleaning or assembly work.
If a building is housed on the property, the use may contain the operational
offices of the contractor. Wholesale or retail sales of vehicles or
equipment are not allowed. Storage trailers, PODS® and the like are permitted if properly screened. Trailers with the
wheels off are not permitted.
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 a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any device used for the transmission or reception of radio,
television, wireless telephone, personal communications services (PCS),
pager, commercial mobile radio service or any other wireless communications
signals, including without limitation omnidirectional antennas and
directional or panel antennas, owned or operated by any person or
entity licensed by the Federal Communications Commission (FCC) to
operate such device. This definition shall not include private residence-mounted
satellite dishes or television antennas or amateur radio equipment,
including ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of a communications antenna and
covering an area on the ground not greater than 250 square feet.
A communications tower and all appurtenant communications
antennas, communications equipment buildings, accessory buildings
and all other structures and devices necessary for the operation of
the communications tower and its communications antennas within the
required fenced area.
A structure other than a communications equipment building
designed and used to solely support communications antennas.
A public, quasi-public or privately maintained institution
devoted exclusively to a variety of group activities (civic, social,
recreational, educational and/or cultural) and maintaining the premises
and facilities appropriate for such activities; provided, however,
that the said premises shall not include living quarters for persons
other than those engaged in the conduct and/or maintenance of the
institution.
A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
Two or more lots owned by the same person(s) which share
a common border. If the lots are separated by a street, road or alley,
they shall be considered contiguous.
A retail establishment with a primary purpose of selling
prepackaged food products and household items, including carry-out
fast-food-type items, milk, beverages, cigarettes, coffee and grocery
items; which is open for business more than 12 hours per day; and
operates in a manner which results in rapid turnover of customers.
A convenience store may also sell petroleum products in a self-service
manner.
NEIGHBORHOOD CONVENIENCE STOREA convenience store of 5,000 square feet or less in gross floor area.
LARGE CONVENIENCE STOREA convenience store of more than 5,000 square feet or less in gross floor area.
See "lot, corner."
An open, unoccupied space, other than a yard, bounded on
two sides or more, with a building, and beginning at main floor or
grade level unless otherwise permitted.
An establishment containing a furnace where a corpse can
be burned and reduced/cremated to ashes as permitted by the Pennsylvania
Department of Environmental Protection (PADEP).
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter 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 judicial district wherein the Borough
lies.
A measure of the number of dwelling units per unit or area.
It shall be expressed in dwelling units per acre. The measure is arrived
at by dividing the number of dwelling units by the base site area.
This is the maximum density permitted on the buildable portion of
the site.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
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.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions.
A building, portion of a building or premises used or intended
to be used for businesses or individuals for cleaning fabrics, textiles,
wearing apparel, or articles of any sort by immersion or agitation
or by immersions only in volatile solvents.
Any building, or portion thereof, which is designed for or
occupied, as a whole or in part, as a home or residence for one or
more persons, including one-, two- and multifamily dwellings, but
not including institutional homes, residence clubs, and the like.
ONE-FAMILY DWELLINGA detached building occupied by one family only.
TWO-FAMILY DWELLINGA detached building occupied by two families only, independently of each other, including:
DOUBLE HOUSEA detached building containing two dwelling units attached side to side, with separate entrances and separated by an unpierced party wall.
DUPLEXA detached building containing two dwelling units, one above the other, each having a separate entrance.
GARDEN APARTMENTA garden apartment is one which is generally located in a structure containing not less than four dwelling units; not exceeding four stories in height; sometimes designed around courts or common green spaces; often having private balconies or patios; and frequently exhibiting different facades and design features between structures in a garden apartment complex. Elevators must be provided for all floors above the second floor.
TINY HOUSEA dwelling unit placed on a property for occupancy with a habitable floor area between 150 square feet and 400 square feet constructed with a foundation or on wheels.
TOWNHOUSEA dwelling unit sharing not more than two common party walls with adjacent dwelling units but with direct access at grade to the other side.
MULTISTORY MULTIFAMILY DWELLINGA multifamily dwelling unit building of more than three stories, but not exceeding eight stories and 85 feet in height.
The maximum number of dwelling units permitted per acre or
per lot.
A building or portion thereof with exclusive culinary and
sanitary facilities designed for occupancy by one person or one family
(household). It may be located in a dwelling or apartment hotel. A
portable or stationary trailer, shack, or similar makeshift abode
shall not be interpreted to be a dwelling unit.
The maximum number of dwelling units authorized per acre.
A continuous and clear path of travel from any point in a
building or structure to a public street.
An addition to the floor area of an existing building, an
increase in size of another structure, or in increase in that portion
of a tract of land occupied by an existing use.
The erection, construction, alteration or maintenance of
public utilities or municipal or other governmental agencies, underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supply or disposal systems and
their essential buildings, excluding communications facilities, communications
towers and communications antennas, as defined herein.
Federal Aviation Administration.
The principal face or front of a building.
The area on the ground in the radius from the base of a communications
tower, within which there is a potential hazard from falling debris
such as ice or collapsing material.
An individual, or two or more persons related by blood, marriage,
or adoption or foster child care, including gratuitous guests thereof;
or a group of not more than three unrelated persons living together
without supervision in a dwelling unit or not more than five persons
living together in a group living arrangement with supervision, provided
that the group living arrangement meets all of the following criteria:
It provides support services, including supervision, personal
care, social or counseling services and transportation, to persons
who need such assistance in order to use and enjoy a dwelling or to
avoid being placed within an institution because of advanced age or
any disability as defined by the Fair Housing Amendments Act or the
Americans with Disabilities Act;
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice on a permanent
or long-term basis;
It does not involve the housing of persons on a transient basis;
and
It does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal or court agency to be a danger
to society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of correction or similar institution.
Federal Communications Commission.
A barrier constructed of materials other than shrubbery and
erected for the purpose of protection, confinement, enclosure or privacy.
The sum of the gross area of all floors of a building measured
from the face of interior walls.
The management of forests and timber lands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
All the property, measured along the street line, fronting
on one side of a street between intersections or intercepting streets,
or a street and waterway, or right-of-way, or end of a dead-end street,
or municipal boundary.
A building used for the preparation of the deceased for cremation
or burial and display of the deceased and rituals connected therewith
before burial or cremation. A funeral home and mortuary, as defined
for the purpose of this Code, includes a funeral chapel.
A building or portion thereof to be used for the storage
or servicing of vehicles, but not including automobile sales.
COMMUNITY GARAGEA garage, one story in height, arranged with a common means of access for the use of the occupants of the same, or adjacent or nearby property, or customers or organization members.
PRIVATE GARAGEA garage with a capacity of not more than three vehicles for storage only, in which space for only one vehicle may be rented to persons not occupants of the premises.
PUBLIC GARAGEAny garage available to the general public not included within the definition of "private garage" and "community garage." This includes public parking structures or ramps.
See "dwelling, garden apartment."
A place of business where retail and wholesale products and
produce are sold to the consumer. These centers, which may include
a nursery and/or greenhouses, import most of the items sold, and may
include plants, nursery products and stock, along with materials and
equipment that often are related to the activity of planting and growing
the products offered for sale.
Any premises used for the storage and/or sale at retail of
gasoline, petroleum products, and automotive accessories and/or the
rendering of services in connection with these products, including
inspection, greasing, washing, polishing, servicing, and adjustment
of vehicles. Automobile car rental service is permitted, provided
the number of vehicles visible on the premises at one time does not
exceed three vehicles (trucks, cars or trailers). This definition
does not include separate automobile laundering or washing facilities
commonly known as a "car wash" or "auto spa."
A recreational facility operated by a public or private entity
which has, as its principal use, facilities for playing golf and which
may include one or more of the following accessory uses: a clubhouse
and/or restaurant, locker rooms, pro shop, swimming pool, facilities
for racquet sports.
The average elevation of the ground adjoining the building
on all sides as referenced to the basic grade. (See "height of building.")
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1,829 mm) from the building.
A dwelling unit in a residential area where room and board
are provided to six or fewer unrelated persons of any age who are
permanent residents, who have disabilities as defined by the Americans
with Disabilities Act of 1990, as amended, and who are in need of
supervision and specialized services, including necessary staff who
may or may not reside in the dwelling and who provide health, social
and/or rehabilitative services to the residents, such services being
provided by a governmental agency, its licensed or certified agents
or any other responsible nonprofit corporation meeting the minimum
requirements of the sponsoring agency. This category shall not include
facilities operated by or under the jurisdiction of any government
bureau of corrections or similar institution.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A group residence for those who have completed treatment
at a rehabilitation facility, whether criminal in nature or not, but
are not yet ready to return to independent living in the community
and where residents participate in structured programs designated
to ease successful reintegration into society.
Includes:
BUILDINGThe vertical distance from grade plane to the average height of the highest roof surface.
STORYThe vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
MEZZANINEAn intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 1/3 of the area of the room in which the level or levels are located.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower. For communications towers whose height can be altered
without structural modification, tower height shall be measured in
its position of maximum extension.
The vertical distance measured from ground level to the highest
point on the sign, or its supporting structure.
An occupation, profession, activity or use that is clearly
a customary, secondary, an incidental use of a residential dwelling
unit which does not alter the exterior of the property or affect the
residential character of the neighborhood.
See "no-impact home-based business."
A building or part thereof used for medical, psychiatric,
obstetrical, or surgical care on a twenty-four-hour basis. The term
"hospital" shall include facilities used for medical research and
training for health care professions, general hospitals, mental hospitals,
tuberculosis hospitals, children's hospitals, and any such other
facilities which provide inpatient care. A hospital shall be licensed
as such by the Commonwealth of Pennsylvania.
A lot, the sidelines of which do not abut a street.
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Figure: Interior Lot
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Any vehicle which is without a currently valid license plate
or state registration and is in a rusted, wrecked, discharged, dismantled,
partly dismantled, inoperative, or abandoned condition, or for which
the certificate of title has been returned to the Pennsylvania Department
of Transportation in accordance with the provisions of the State Vehicle
Code;[1] or which, by its appearance, is unsightly and not in repairable
condition, or which has been declared abandoned according to provisions
of Borough ordinances or the State Vehicle Code. Where a certificate
of junk has been issued by the Pennsylvania Department of Transportation,
such certificate shall be conclusive evidence that the subject vehicle
is a junk vehicle; however, where no such certificate has been issued
or applied for, the failure to have the vehicle licensed shall be
prima facie evidence that the subject vehicle is a junk vehicle. Also
included in this definition is any trailer, semitrailer or any other
article which would be classified as a vehicle, as well as any disabled,
abandoned, nonoperable, nonregistered, wrecked, ruined or dismantled
motor vehicle.
An area of land, with or without buildings, used for the
storage or abandonment, inside or outside a completely enclosed building,
of used and discarded materials, including, but not limited to, wastepaper,
rags, metal, building materials, house furnishings, machinery, vehicles,
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same.
Any premises where, except as accessory to an agricultural
or veterinary use, dogs and/or cats over three months of age are temporarily
boarded overnight.
A space accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
A portion of a lot set aside for the shipping and receiving
of goods and not used for any other purpose or interfering with other
vehicular or pedestrian circulation on the lot.
A facility licensed by the Department of Health that provides
skilled or intermediate nursing care or both levels of care to two
or more patients, who are unrelated to the nursing home administrator,
for a period exceeding 24 hours.
Any tract or parcel of land held in single or separate ownership
which is or may be occupied by a main building, and its accessory
uses or building, if any, together with the open space required by
this chapter. No part of a lot which is also a part of a public street,
way, alley or lane shall be included in determining the area of the
lot. A lot shall front on a public street dedicated for public use
and improved to municipal standards.
The total area within the boundary lines of a single lot
but not including any portion of a dedicated street right-of-way,
alley, way or lane.
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot; it shall
be calculated to the nearest whole number.
The area of a lot or parcel which is covered by main and/or
accessory buildings or structures.
The line abutting the street; in case of lots abutting more
than one street in a residential district only, a choice of either
street is optional with the owner. Before a lot can be considered
to abut a street, it must have at least 20 feet of frontage on said
street. All residential dwellings which have a single entry must have
an entry that faces and runs parallel to the front lot line.
A lot line which is opposite and most distant from the front
lot line or, in the case of irregular or triangular lots, a line at
least 20 feet in length with the lot parallel to and at a maximum
distance from the front lot line.
Any lot boundary line not a front lot line or a rear lot
line.
The horizontal distance between side lot lines measured along
the front lot line.
The portion of a lot bounded by required yards as set forth
in this chapter.
A lot abutting upon two or more streets; a lot with two or
more connected sides which abut upon a street or streets. Corner lots
have two or more frontages. Each lot line of a corner lot that abuts
a street shall be interpreted as a frontage.
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Figure: Lot, Corner
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A factory-built, single-family structure that is manufactured
or constructed under the authority of 42 U.S.C. § 5403,
federal manufactured home construction and safety standards, to be
used as a place for human habitation, but which is not constructed
with a permanent hitch or other device allowing it to be moved other
than for the purpose of moving to a permanent site and which does
not have permanently attached to its body or frame any wheels or axles.
A mobile home is not a manufactured home unless it has been converted
to real property and is taxed as a site-built dwelling. For the purpose
of this title, a manufactured home shall be considered the same as
any site-built, single-family detached dwelling.
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials, including
the assembling of component parts, the manufacturing of products and
the blending of materials into finished or semifinished products.
The manufacturing, predominantly from previously prepared
materials, of finished products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental
storage, sales, and distribution of such products, provided all manufacturing
activities are contained entirely within a building and noise, odor,
smoke, heat, glare, and vibration resulting from the manufacturing
activity are confined entirely within the building.
Any establishment for the launching, mooring, serving and/or
storage (wet and dry) of recreational boats and/or other water vessels,
including the sale of provisions, supplies and fuel for such boats.
Such use may also include a boat and motor sales establishment and
live-aboard vessels.
A facility for the examination and treatment of ills and
afflicted human outpatients; provided, however, that patients are
not kept overnight, except under emergency conditions, and includes
doctor and dental offices and clinics.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana; the term includes the facility from which
medical marijuana is dispensed.
A facility used to grow and convert marijuana to usable marijuana
and marijuana-infused products, owned by a person (including a natural
person, corporation, partnership, association, trust or other entity
or combination thereof) that holds a permit from the Pennsylvania
Department of Health to grow and process marijuana.
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.
Shall include all activity which removes from the surface
or beneath the surface of the land some material mineral resource,
natural resource, or other element of economic value by means of mechanical
excavation necessary to separate the desired material from an undesirable
one or to remove the strata or material which overlies or is above
the desired material in its natural condition and position.
The development of a tract of land or building or structure
with two or more different uses such as but not limited to residential,
office, retail, public, or entertainment, in a compact urban form.
A building which contains dwellings located above the ground
floor of an institutional, civic, office, commercial or retail use.
Mixed-use buildings are a common feature of traditional town centers
where shop owners lived above ground-floor businesses and are sometimes
referred to as "live-work units."
A transportable single-family dwelling intended for permanent
occupancy, 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 operations, and constructed
so that it may be used without a permanent foundation. The term does
not include recreational vehicles or travel trailers.
A parcel of land in a mobile home park which is improved
with the necessary utility connections and other appurtenances for
the erection thereof of a single mobile home, which lot is leased
by the mobile park owner to the occupant of the mobile home erected
on said lot.
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.
A self-supporting structure consisting of a single shaft
of metal, concrete, wood or other material designed to support one
or more communications antennas.
A building, or a group of buildings, having units containing
sleeping accommodations which are available for a temporary, rental
occupancy by transients and providing sufficient off-street parking
facilities adjacent or convenient thereto. A tourist home containing
provisions or facilities for accommodation of more than four transient
occupants not normally quartered on the premises shall be considered
as a motel facility under the provisions of this chapter.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[2]
The Borough of West Mifflin, which is a political subdivision
of the Commonwealth of Pennsylvania.
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, but not including facilities or equipment that are/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
The area of land remaining after deducting from an acre of
land (43,560 square feet) that area of the acre which is used for
streets, alleys, lanes or ways, or which is designated as proposed
streets, alleys, lanes and ways.
A business or commercial activity administered or conducted
clearly secondary to the use as a residential dwelling and which involves
no customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises in excess
of those normally associated with residential use.
Any structure or part of a structure manifestly not designed
to comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation. Such nonconforming structures include, but are not
limited to, nonconforming signs.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
Any lawful sign which does not conform to the applicable
sign regulations of the district in which it is located, either on
the effective date of this chapter or as a result of subsequent amendments
thereto.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation.
A sign, other than one indicating a business conducted on
the premises, upon which advertising matter of any character is printed,
posted or lettered, and it may be either freestanding or attached
to a surface of a building or other structure; a structure, building
wall, or other outdoor surface used to display lettered or pictorial
or other matter to publicize and aid the sale of any product, commodity,
or service.
A building designed or primarily used for office purposes
that may include ancillary services for office workers such as a coffee
shop, newspaper stand, or candy stand. No part of an office building
is used for manufacturing or a dwelling other than sleeping quarters
for a watchman or custodian.
All offices related to financial institutions, insurance,
real estate service, banking, credit services, business services,
advertising, duplicating, medical and health services, legal services,
any professional offices and similar functions requiring the use of
the property for general offices or personal services.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through, and
below the surface of the earth.
The well site preparation, access and haul road preparation,
well site construction, drilling, hydraulic fracturing, and/or site
restoration associated with an oil and gas well of any depth; water
and other fluid storage, impoundment and transportation used for such
activities; and the installation and use of all associated equipment,
including tanks, meters, and other equipment and structures, whether
permanent or temporary; and the site preparation, construction, installation,
maintenance and repair of oil and gas pipelines and associated equipment
and other equipment and activities associated with the exploration
for, production and transportation of oil and gas other than natural
gas compressor stations and natural gas processing plants or facilities
performing the equivalent functions that operate as midstream facilities.
A bore hole drilled under a permit issued by the Department
of Environmental Protection for the purpose of or to be used for producing,
extracting or injecting any gas, petroleum or other liquid related
to oil or gas production or storage, including brine disposal, but
excluding bore holes drilled to produce potable water to be used as
such.
A premises operated for profit or not for profit in which
older-adult daily living services are simultaneously provided for
four or more clients who are not relatives of the operator for part
of a twenty-four-hour day.
A type of communications antenna, also known as a "whip antenna,"
that consists of a thin rod that is capable of sending and/or receiving
signals for communications devices.
Common greens, parks, other recreation space or generally
open areas available to the public; or yards or other areas provided
in connection with residential buildings occupied by more than two
families per lot which are intended for the sole use of the occupants
of such buildings and their guests.
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing, or transporting oil or gas.
The display of products and/or services actively for sale
outside of a structure as an accessory use to a principal retail use.
The keeping of any goods, merchandise, materials (except
temporary storage of construction materials associated with an active
building permit), shipping containers, machines, inoperative vehicles
and vehicles not related to the use of an on-site business, and other
equipment, which are located in other than a fully enclosed building
or structure. "Outdoor storage" does not include outdoor sales and
display.
A type of communications antenna whose antenna surface is
flat and is usually developed in multiples.
An open portion of land designed or used for temporary parking
of vehicles, but not including vehicles for exhibition, permanent
storage or sale.
PUBLIC PARKING AREAA parking area available to the public, designed and/or used for the parking of vehicles.
COMMUNITY PARKING AREAA parking area designed for the use of nearby residents or of customers, clients, or organization members whose lots do not afford parking facilities.
PARKING SPACEAn area within a parking area designed exclusively for vehicular parking and excluding any area designed or used for cruising and maneuvering lanes or for street or highway purposes.
A portion of a garage or parking area.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision in such matters as dressing,
bathing, diet, financial management, evacuation from a residence in
the event of an emergency or medication prescribed for self-administration.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
but not limited to barbershops and beauty shops, dog grooming, tailors,
dressmakers, shoe repair, photographers, laundry and the like.
A nonresidential building, portion of building or group of
buildings with defined storage space or units rented to and accessible
to the public on a controlled basis for the storage of household and
personal property, operable vehicles and recreational vehicles.
PERSONAL STORAGE FACILITY (EXTERIOR UNIT ACCESS)A self-storage facility generally consisting of one or more long, simple single-story structures with direct drive-up access to conventional outside storage units.
PERSONAL STORAGE FACILITY (INTERIOR UNIT ACCESS)A self-storage facility consisting of a building with all units contained within and all units having an access door from an interior hallway.
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 this chapter.
Planning Commission of the Borough of West Mifflin.
A roofed accessory structure, with or without enclosing walls,
that is attached to or part of a principal or accessory building and
which has direct access to and from the principal or accessory building.
PORCH (ENCLOSED)A porch with enclosing walls.
PORCH (UNENCLOSED)A porch without enclosing walls.
Any procedure, function or establishment 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.
Includes work done for others, by someone trained and engaged
in such work for a career, requiring the obtaining of a license, certification
or other legal authorization, for example, accountant, physician,
engineer, attorney, architect, realtor and life insurance agent.
Any residence, commercial business, school, religious institution
or other public building located within 1,000 feet of the surface
location of a well that may be impacted by noise, light, dust, dirt,
odor or vibration generated from drilling or hydraulic fracturing
activity at a well site. The term shall not include any structure
owned by an oil and gas lessor who has signed a lease with the operator
granting surface rights to drill the subject well or whose owner or
occupants have signed a waiver relieving the operator from implementation
of the measures established in this chapter for the owner's or
occupant's benefit.
Of or pertaining to buildings, structures, uses or activities
belonging to, or affecting, any duly authorized governmental body,
available for common or general use by the public.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment prior to taking action in accordance with this chapter.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the 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.
Leisure-time activities, including, but not limited to, sports
and entertainment, that are open to anyone, without restriction, except
for rules and standards of conduct and use.
Land or a building or structure and its equipment erected
and used for the purpose of facilitating service to the public, including
off-street loading facilities for public conveyances; but where approved
by the Public Utilities Commission for location in a residential district,
shall not include public business office facilities, storage of materials,
trucks, or repair facilities, or housing of repair crews. (See also
"essential services.")
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
All of the buildings, wells, dams, reservoirs, plant and
equipment of a public utility, including all tangible and intangible
real and personal property without limitation, and any and all means
and instrumentalities in any manner owned, operated, leased, licensed,
used, controlled, furnished, or supplied for, by or in connection
with the business of any public utility.
A building, structure or area designed and equipped for the
conduct of sports and/or leisure activities that attracts a large
number of users. Activities and improvements associated with a recreation
facility include amphitheaters/outdoor theaters, indoor/outdoor swimming
pools, indoor/outdoor skating rinks, and any other public recreation
facilities. Gaming enterprises and/or racetracks shall not be considered
recreation facilities.
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.
Any establishment which carries on basic, applied, industrial
and/or scientific investigations and/or research, including laboratories
and testing facilities, in the natural, physical or social sciences
or engineering and development and/or testing as an extension of such
research with the objective of creating end products and which may
include pilot manufacturing as an accessory use. The term also includes
medical laboratories where prosthetic devices or medical equipment
testing takes place exclusively on written work order of a licensed
member of the dental or medical profession, but excludes other medical
testing, and further specifically excludes the housing of animals
or activities requiring overnight stays by subjects or investigators,
biological engineering, gene enhancement and/or biological re-engineering.
Any building, structure or facility in which food is prepared
or processed for sale to the general public and where tables, chairs,
and/or counters are provided for the consumption of prepared foods
entirely within the walls of the principal structure.
Any establishment not otherwise specifically defined in this
chapter that sells on the premises commodities and/or services directly
to consumers, but not including the manufacturing or processing of
any products.
A structure designed to hold back, stabilize and/or support
water, soil, rocks or similar geotechnical materials.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary or storm sewer and
other similar uses. A right-of-way grants a property interest to the
grantee and no permanent structure may be erected herein.
Any public, parochial, or private place of instruction, not
including institutions of higher learning, having regular sessions
with regularly employed instructors or teachers who are certified
by the Pennsylvania Department of Education in accordance with such
standards as the State Board of Education may establish, which teach
those academic subjects that are fundamental and essential in general
education and which provide kindergarten, elementary, or secondary
stages of education, or a vocational school under the supervision
of the commonwealth or lawfully constituted ecclesiastical governing
body and with standards of instruction meeting the requirements of
the Commonwealth of Pennsylvania, including intermediate units established
by the public school system of the Commonwealth of Pennsylvania, but
excluding any privately operated school of trades, vocations, avocations,
business, and institutional schools, or drug or alcohol addiction
program or foundation.
A college or university giving general academic instruction
as prescribed by the Commonwealth of Pennsylvania or other proper
authority. Included within this term, as adjuncts, are areas or buildings,
when located on school grounds, which are not detached from the school
grounds property, except by an intervening street, for administration,
social or athletic activities, dining halls, parking lots, or housing
of students or faculty in a dormitory, fraternity or sorority house,
or other type of dwelling.
Nonprofit organizations requiring registration and/or membership,
including fraternal organizations, lodges, swimming clubs, tennis
clubs, or other athletic clubs.
Churches, Sunday schools, parsonages and other related functions,
colleges, hospitals, and other institutions of an educational, religious,
charitable or philanthropic nature.
A reusable intermodal container designed for use in unitized
freight handling, typically constructed of corrugated steel.
Any cloth, card, paper, metal, painted, glass, wooden, plastic,
plaster or stone sign or other sign, device or structure of any character
whatsoever, including statuary, placed for outdoor advertising purposes
or for information or direction purposes on the ground or on any tree,
wall, bush, rock, post, fence, building, trailer, vehicle, or structure.
The term "placed" shall include erecting, constructing, posting, painting,
printing, tacking, nailing, gluing, sticking, carving, or otherwise
fastening, affixing or making visible in any manner whatsoever.
A structure, building, wall or other outdoor surface used
to display, identify, and publicize only the name and product or service
of the individual, business, organization, or institution occupying
the premises upon which it is located.
See related definitions at § 290-164.
See "height, story."
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicle traffic or pedestrians, whether public or private.
Any change in the supporting members of a building or structure,
such as bearing walls or partitions, columns, beams, or girders.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not attached to the land.
The provision by an assisted living residence of any type
of health care service, either directly or through contractors, subcontractors,
agents, or designated providers, except for any service that is required
by law to be provided by a health care facility pursuant to the Act
of July 19, 1979 (P.L. 130, No. 48), known as the "Health Care Facilities
Act."[3]
Any pool or pond which is constructed, used, or maintained
to provide recreational facilities for swimming, bathing or fishing
and which is capable of containing water to a depth of greater than
18 inches and all buildings, equipment and appurtenances thereto.
A licensed business selling alcoholic beverages for consumption
on the premises.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone messages between
subscribers and other businesses of the telephone company. This definition
shall not include communications equipment buildings or other buildings
required or used for the operation of communications facilities, communications
towers or communications antennas.
See "dwelling, tiny house."
See "dwelling, townhouse."
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land used at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal. The terminal may also
serve as a passenger station that is central to an area and serves
as a junction at any point with other lines. A bus terminal would
be a central point for passengers, and a truck terminal would be a
central point for freight.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business, or operation carried on in
a building or other structure on a tract of land.
USE, PRINCIPALThe main or dominant use.
USE, ACCESSORYSee "accessory use."
A towing service and vehicle storage yard for the temporary
storage of vehicles, not including auto dismantling.
The storage and handling and/or distribution of freight or
merchandise, not including the maintenance or fueling of commercial
vehicles.
A dedicated public or private thoroughfare other than a street;
not to be construed to include a right-of-way.
A ground parcel designed and/or constructed for the drilling
of one or more oil and gas wells.
An establishment primarily engaged in selling merchandise
to retailers, institutional, industrial, commercial or professional
business customers or other wholesalers, rather than the general public,
or acting as a broker for such merchandise sales. Wholesale distribution
includes the warehousing of merchandise and distribution of such merchandise
from the site of the principal business to other wholesale or retail
businesses or institutional customers.
An open, unoccupied space, other than a court, not occupied
with a building, open and unobstructed from the ground to the sky,
except as otherwise provided herein.
REQUIRED YARDA yard between the lot line and the buildable area, of the dimensions required by this chapter.
REQUIRED FRONT YARDA yard across the full width of the lot, extending from the front yard line to a line full parallel therewith and a distance therefrom as prescribed in this chapter.
REQUIRED SIDE YARDA yard between the required front and rear yards, extending from the sideline of the lot to a line parallel therewith and a distance therefrom as prescribed in this chapter.
REQUIRED REAR YARDA yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
The Zoning Hearing Board of the Borough of West Mifflin.
The Zoning Officer of West Mifflin Borough shall be the Borough
Building Inspector, with such powers and duties as are conferred in
this chapter.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: The Municipality Authorities Act of 1945
(53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa. C.S.A. § 5601 et seq.
[3]
Editor's Note: See 35 P.S. § 448.101 et seq.
The interpretation of the regulations of this chapter is intended
to be such that whenever these requirements are at variance with any
other lawfully adopted rules, regulations, ordinances, deed restrictions
or covenants, as particularly refer to area and bulk regulations and
impose higher standards, the most restrictive requirements shall govern.
