A.
For the purpose of this chapter certain terms and words used herein
should be interpreted or defined as follows:
(1)
Words used in the present tense shall include the future.
(2)
Words in the singular shall include the plural.
(3)
The word "person" includes a corporation, partnership, and association,
as well as an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "shall" is always mandatory.
(6)
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designated
to be used or occupied."
(7)
The word "building" includes the word "structure."
B.
The particular shall control the general.
In addition to the following definitions, diagrams illustrating
key lot, area and bulk terms appear at the end of this article.[1]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes, but is not limited to, utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 12-14-2022 by Ord.
No. 629]
A detached subordinate building or structure, the use of
which is clearly incidental to that of the principal structure or
principal use of the land, and which is located on the same lot as
occupied by the principal structure or use.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
The Federal Americans with Disabilities Act, 42 U.S.C. § 12101
et seq., as amended, and the federal regulations promulgated thereunder.
For small wireless communications facilities, any similarly
situated infrastructure within a 250-foot radius that is of the same
design, construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and street light
poles. The height of an adjacent structure is the vertical distance
measured from the ground level to the highest point on a structure,
not including antennas mounted on the tower and any other appurtenances.
[Added 12-14-2022 by Ord.
No. 629]
Same as "business and professional office."
Nonmedical establishments such as tattoo parlors and piercing
boutiques where minors may receive services with the permission of
a parent and/or guardian following the signing of a release.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio, sexual encounter center, or massage
center not bearing licenses identified in the "massage therapy establishment"
definition.
An enterprise that is actively engaged in 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.
The science and art of farming, the work of cultivating the
soil.
A narrow service way providing a secondary public means of
access to the rear or side of properties otherwise abutting on a street.
Any construction or renovation to an existing structure other
than repair or addition.
An indoor or outdoor structure or area having tiers of seats,
risers, benches, or grassy slope rising gradually outward from a central
open space or arena where fee-based or non-fee-based events, programs,
spectacles and the like are performed or displayed.
A business or portion thereof, having on its premises for
use by the public, video or electromechanical devices operated by
inserting a coin or token.
An establishment for the grooming and aesthetic enhancement
of domestic animals that does not include medical or surgical treatment,
or overnight boarding facilities.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment, including, without limitation, ham or
citizen band radio antennas.
[Added 12-14-2022 by Ord.
No. 629]
See "dwelling, multifamily."
A landowner or developer, as hereinafter defined, who has
filed an application for development including his/her successors
and assigns.
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 class or plan or for the
approval of a building development plan.
A formal request submitted to the municipality to site, construct,
operate, remove or modify a wireless support structure, equipment
compound, or a wireless telecommunications facility.
[Added 12-14-2022 by Ord.
No. 629]
A professional architect licensed as such in the Commonwealth
of Pennsylvania.
Any building or part thereof where premanufactured parts
are assembled or fashioned into a finished product for wholesale or
retail sale.
A place where gasoline, motor oil, lubricants, or other minor
accessories are retailed directly to the public on the premises in
combination with the retailing of items typically found in a convenience
market or supermarket.
A retail establishment which may include one or more of the
following: an open area, other than a street, for the display and
sale or rental of new or used automobiles and light-duty trucks; and
the service of the same buildings which may contain offices and showrooms.
Automotive repair facilities provide major mechanical repairs,
painting, and body work, in addition to parts and routine maintenance.
A building or part of a building rented for a specific occasion
or purpose for a particular group of people such as, but not limited
to, a birthday party, wedding reception, reunion, retirement party
or similar events such as concerts, conferences, or sporting events.
Any portion of a building that is partly or completely below
ground or the adjacent ground level of the lot.
A detached dwelling which is the principal residence of the
operator and in which a maximum of five sleeping rooms are provided
for overnight guests for a period of not more than 14 consecutive
nights in a thirty-day period, with or without breakfast meals, for
compensation. This definition shall not include a boarding-house,
rooming house, domiciliary hostel, group home, motel, or hotel.
A sign, other than one indicating a business conducted on
the premises, upon which advertising matter of any character is printed,
posted, or lettered; it may be either freestanding, mounted on a building
wall or other structure, or applied directly on the surface of a wall-mounted
or freestanding display area. The sign may be painted, a lit and painted
sign, or electronic.
An area bounded by three or more streets.
An establishment with lodging for three or more persons where
meals are regularly prepared and served for compensation and where
food is placed upon the table family style, without service or ordering
of individual portions from a menu.
The Borough of Blawnox.
An area of land which may include natural or artificial landforms
or a planted area with shrubs, bushes, trees, grass or other ground
cover material, and within which no structure or building shall be
authorized except a wall or fence which meets requirements of this
chapter.
Any covered structure composed of two or more walls and a
roof, that is affixed to the land.
Same as "lot coverage."
The vertical distance from the average elevation at finished
grade level to the highest point of the roof.
Same as "building setback line."
Same as "front building setback line."
A line parallel to a lot line, defining the yard required
by this chapter. In calculation setback lines steps and permanently
open porches.
The building setback line that is parallel to the front lot
line, located at a distance equal to the front yard required by this
chapter for the zoning district in which the lot is located.
The building setback line that is parallel to the rear lot
line, located at a distance equal to the rear yard required by this
chapter.
The building setback line that is parallel to the side lot
line, located at a distance equal to the side yard required by this
chapter.
Same as "principal building."
The office of an engineer, doctor, dentist, psychoanalyst,
psychologist, public accountant, optometrist, chiropractor, attorney,
real estate broker, insurance broker, architect, or other similar
professional person; and any office used primarily for accounting,
correspondence, research, editing or administration.
A lightweight structure attached to the ground and/or to
a wall and extended over a sidewalk or other pedestrian walkway, where
such structure is used primarily for purposes of shelter and not advertising.
An area of land and/or a structure with machine or hand-operated
facilities used principally for the interior and/or exterior cleaning,
washing, polishing, or waxing of motor vehicles and whereas no repairs
or sales of petroleum fuel or lubricants are performed.
A structure used for the shelter of a vehicle, and which
includes a roof attached to the side or back of the principal building
and/or supported by two or more columns, and which is open on two
or more sides from the roof to the ground over which it stands (unless
specified otherwise herein).
That portion of the street right-of-way that is surfaced
for vehicular use, excluding shoulders and berms.
A burial place or graveyard which may include a mausoleum,
or columbarium.
A facility where childcare is provided for four, five or
six children under the age of 16, at any one time for part of a twenty-four-hour
day and which is licensed by the Department of Public Welfare as a
"child day-care home." A child day-care home may qualify as a home
occupation, as provided for in the conditional use criteria for home
occupation. Day care for fewer than four children shall be permitted
as a no-impact home-based business.
See "place of worship."
The unobstructed sight along both roads or driveways at an
intersection and across their included corner for distances sufficient
to allow the operators of vehicles approaching simultaneously to see
each other in time to prevent a collision. The minimum sight triangle
may vary according to type of street and speed limit. Sight distance
along the street shall be measured at the height of the driver's
eye, which is assumed to be 3.75 feet above the road service (See
illustration in Appendix A[2]).
See definition under "forestry."
An association organized and operated not for profit for
persons who are bona fide members paying annual dues, and which owns,
hires, or leases premises, the use of which premises is restricted
to such members and their guests. The affairs and management of such
association are conducted by a Board of Directors, Executive Committee,
or similar body chosen by the members at their annual meeting. Food,
meals and beverages may be served on such premises, provided adequate
dining room space and kitchen facilities are available. Alcoholic
beverages may be sold or served to members and their guests, provided
such service is secondary and incidental to the promotion of some
other common objective of the organization, and; further, provided,
that such sale or service of alcoholic beverages is in compliance
with all applicable federal, state, county and local laws.
The mounting of one or more wireless communication facilities,
including antennas, on a pre-existing structure, or modifying a structure
for the purpose of mounting or installing a wireless communication
facility on that structure.
[Added 12-14-2022 by Ord.
No. 629]
Engaging in a business, enterprise, activity, or other undertaking
for profit.
Bowling alleys, billiard and pool halls, golf courses (regular
and miniature), gymnasiums, exercise or fitness centers, swimming
pools, and similar uses which are operated on a commercial, for-profit
basis. Such uses do not include theaters, amusement arcades (as defined
by this chapter), amusement or theme parks, or major sports arenas/stadiums
or race tracks.
The terms and pricing that are reasonably consistent with
similar wireless communication facility leases and agreements within
a twenty-five-mile radius of the municipality.
[Added 12-14-2022 by Ord.
No. 629]
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 use or enjoyment of residents of the development, but excluding
streets, off-street parking areas, and areas set aside for public
facilities.
Performance towers, communications facilities, telecommunication
antennas, tower sites and other structures relating to the transmission
of radio signals, telecommunications wireless services, mobile cellular
radio telecommunications services, radio, TV, and/or communication
services for public or private use, excluding over-the-air reception
devices [OTARDs] and police, fire, and emergency transmissions governed
by governmental units.
Ause which may be permitted in one or more zoning districts
upon approval of Borough Council who may grant approval pursuant to
expressed standards and criteria and the provisions of this chapter
- pursuant to express standards and criteria prescribed in this chapter,
after review and recommendations by the Property and Planning Committee
and a public hearing conducted by Borough Council pursuant to public
notice.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners. For purposes of this chapter, condominium refers
to a method of owning real estate and not to a type of unit or structure.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Establishments selling merchandise for daily consumption
and purchase, such as food, drugs, and similar items. For purposes
of this chapter, eating and drinking establishments, along with adult-oriented
businesses, are excluded from this category.
See "lot, corner."
Blawnox Borough Council.
Allegheny County, Pennsylvania.
An open, unoccupied, uncovered space partially or wholly
surrounded by the walls of a building or structure.
See "lot, coverage."
A location containing property installed, certified apparatus
for use of the act of cremation.
A facility operated for the collection of natural, scientific,
artistic, or literary objects or works of art, or which provides exhibits
and interpretative information on the natural environment botanical
or geological exhibits, trails and pathways with interpretive signage,
and structures which provide lecture and exhibit space.
Days shall be measured by calendar days whenever a time period
is stipulated in this chapter.
A facility, other than a residential dwelling unit, where
day care for the elderly or childcare and educational instructions
are provided for seven or more children under the age of 16 or any
number of elderly persons, at any one time for part of a twenty-four-hour
day, operated for profit, and which is licensed by the Department
of Public Welfare as a day-care center. Day care for fewer than four
children shall be permitted as a no-impact home-based business.
A municipal-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments have been placed or are permitted to be placed.
[Added 12-14-2022 by Ord.
No. 629]
The number of dwelling units per acre of land.
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 land development; a subdivider.
Any change to real estate, including, but not limited to,
the erection, construction or placement of a structure or building,
utilities, streets, parking and loading areas or other paved filling,
grading, excavation, mining, drilling, or dredging operations, or
the placement of mobile homes.
The provisions for the development of a planned residential
development, including a plot of subdivisions, all covenants relating
to use, location and bulk of building and other structures, intensity
of use or density of development, streets, ways and parking facilities,
common open space, and public facilities. The phrase "provisions of
the development plan" shall mean the written and graphic materials
referred to in this definition.
The proportionate area of a sensitive natural resource that
is permitted to be developed.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 12-14-2022 by Ord.
No. 629]
The activities that are associated with the process of directly
marketing, storing, and supplying wholesale goods. In terms of area
these activities include, but are not limited to, the following: any
building, parking lot, loading dock, bufferyard, setback area, or
open space associated with the distribution center.
Any building or part thereof where distributation activity
takes place.
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 private vehicular access route serving only one parcel
or lot which provides access to a public street or private street,
but which does not provide access to any other lot or parcel under
separate ownership.
See "dwelling, two-family."
Any building or portion thereof constituting a separate independent
human habitation establishment for one or more persons, and containing
independent cooking, sanitary and sleeping facilities. Each basement
unit must have direct access to street level. It shall not be deemed
to include hotels, boardinghouses or rooming houses, institutional
facilities and residence clubs.
|
SINGLE-FAMILY DWELLING — A detached residential
dwelling unit, other than a mobile home, occupied by only one family.
|
|
TWO-FAMILY DWELLING — A detached building
occupied by only two families, independent of each other, with the
two units either attached side by side or one above the other.
|
|
MULTIFAMILY DWELLING — A residential structure
containing three or more separate dwelling units, including townhouses,
garden dwellings, multiplexes, multistory/multifamily and similar
multiple dwelling structures.
|
The minimum number of dwelling units authorized per acre
when making this calculation. When making this calculation, neither
easements nor rights-of-way shall be taken into consideration.
A place for the sale and consumption of food and/or beverages
to the general public, which includes restaurants, bars, taverns,
and similar establishments.
An application for modification of an existing wireless communications
facility or base station that involves:
[Added 12-14-2022 by Ord.
No. 629]
A condition that: 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the public rights-of-way to be
unusable and result in loss of the services provide. The municipal
government or Municipal Manager may declare an emergency.
[Added 12-14-2022 by Ord.
No. 629]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, as the Engineer for Blawnox Borough.
The provisions of distribution systems by public utilities
regulated by the Pennsylvania Public Utilities Commission (PUC), municipal
authorities, Borough or other government agencies of underground or
overhead water, sanitary or storm sewers, gas, electrical, telephone,
pipes, conduits, cables, towers, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith
and where reasonably necessary for the furnishing of adequate services
by such public utilities regulated by the PUC, municipal authorities,
Borough or other governmental agencies for the public health, safety
or general welfare. Essential services do not include communications
antennas, communications equipment structures, and communications
towers.
A use or structure in existence as of the effective date
of this chapter.
One or more persons occupying a dwelling unit and maintaining
a single human habitation unit; provided, however, that "family" shall
not include boardinghouses, dormitories, fraternity houses, sorority
houses, group care facilities, group residences, life care facilities,
nursing homes, or similar uses. Unless all members are related by
blood, marrage or adoption, no such family shall contain more than
five persons. Unless all members are related by blood, marriage, or
adoption, no such family shall contain more than five such persons.
A facility, located in a residential area, where the resident
household provides room, board, and specialized services to eight
or fewer unrelated persons. These individuals may be children, handicapped,
elderly, or otherwise in need of specialized supervision and care.
This category of facility requires licensing, certification, or supervision
by the Pennsylvania Department of Public Welfare. Unless all members
are related by blood, marriage, or adoption, no such family shall
contain more than five such persons.
A restaurant where the retail sale of prepared or premeasured
food items are ordered by the customer at a window, counter or vehicle
rather than from a table and which is designed to facilitate quick
service and take-out orders.
The Federal Communications Commission.
[Added 12-14-2022 by Ord.
No. 629]
Any structure constructed of, including, but not limated
to, wood, metal, wire, mesh, stone, vinyl, or masonry erected for
the purpose of screening one property from another to assure privacy,
protection or confinement of the property. The term "fence" shall
include screening walls and hedges exceeding 30 inches in height.
The completed surfaces of lots, walks, streets, and roads
brought to grades as shown on official plans or designs related thereto.
That floor of a building that is immediately above a basement
or, where there is no basement, that floor of a building that is at
ground level. A basement shall not be considered a first floor.
See definitions in Floodplain Ordinance,[3] which are incorporated herein.
The growing or harvesting of trees for commercial or related
purposes which does not include land development.
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public rights-of-way.
[Added 12-14-2022 by Ord.
No. 629]
The length of a lot line bordering a street that is open
to vehicular traffic.
A building used for the embalming of the deceased prior to
burial, including cremation and for the viewing of the deceased and
ceremonies connected therewith before burial or cremation.
A fully enclosed building for the storage of motor vehicles,
not including buildings in which fuel is sold, or repair or other
service is performed.
A multifamily structure, usually not exceeding three stories
in height, sometimes designated around courts or common open areas,
frequently having private balconies or patios.
Building and premises where petroleum products, batteries,
tires and automobile accessories may be supplied and sold at retail,
and where services may be rendered in connection with these products,
including, but not limated to, inspection, greasing, car washing,
polishing, servicing, and adjustment of vehicles providing no major
repair work is done.
Direct or indirect light from such activities of greater
than one-half footcandle at habitable levels.
A reference plane representing the average of finished ground
level.
The sum of the gross horizontal areas of the several floors
of the building measured from the exterior faces of the exterior walls
or from the center line of the walls separating two buildings. For
the purposes of determining permissible size and off-street parking
and loading requirements, "floor area" shall include:
Floor space devoted to the principal use of the premises, including
accessory storage areas located within selling or working space such
as counters, racks, or closets.
Any basement floor area devoted to retailing activities.
Floor area devoted primarily to storage purposes (except as
noted above), off-street parking or loading facilities, including
aisles, ramps and maneuvering space, or basement floor area other
than area devoted to retailing activities, the production or processing
of goods, or business or professional offices.
Total floor area designed for the exclusive use and occupancy
of building occupants, including basements, mezzanines and upper floors,
but not including public or common areas such as public toilets, corridors,
stairwells, elevators, machine and equipment rooms, lobbies or mall
areas, whether open or enclosed. GLA shall be measured from the center
line of joint partitions and from the outside wall faces. It is the
area upon which tenants pay rent, including sales area and integral
stock areas.
A single-family dwelling designed and used as a residence
by individuals with disabilities, as defined and protected by the
Federal Fair Housing Act,[4] as amended, who live together primarily for purposes relating
to their disabilities as the functional equivalent of a family in
a shared living arrangement licensed or certified by the appropriate
county, commonwealth, or federal agency.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based wireless communications
facility, including antennas mounted on the tower and any other appurtenances.
[Added 12-14-2022 by Ord.
No. 629]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added 12-14-2022 by Ord.
No. 629]
The vertical distance measured from the average elevation
of the proposed finished grades immediately adjacent to the front
of the building to the highest point of the roof for flat roofs; to
the deck line of mansard roofs; and to the mean height between eaves
and ridge for gable, hip, and gambrel roofs. Chimneys, flues, stacks,
fire escapes, gas holders, elevator enclosures, ventilators, skylights,
water tanks and similar roof structures required to operate and maintain
the building on which they are located, flag poles, television aerials,
water towers and tanks, steeples, bell towers, broadcasting and electrical
transmission towers and similar projections shall not be included
in calculating maximum height. See Appendix B.[5]
An occupation conducted in a dwelling unit solely by members
of the family residing on the premises, provided such occupation shall
be clearly incidental and subordinate to the unit's residential
purpose and shall be conducted entirely within the principal residential
structure, or when permitted in an accessory building.
A duly licensed institution providing acute medical or surgical
care and treatment for the sick and injured, either through inpatient
care or on an emergency outpatient basis.
A building or group of buildings containing rooms which provide
sleeping accommodations for transient guests on a daily or weekly
basis. The term shall include motor hotel, motor inn, motor lodge,
tourist court, inn, and similar uses.
Those surfaces that do not absorb precipitation. Parking
areas, driveways, roads, sidewalks, patios and any similar areas of
concrete, asphalt or similar materials shall be considered impervious
surfaces. The Borough Engineer shall have the final determination
with respect to what materials are impervious.
See "manufacturing."
A facility providing room and board for more than six persons
who are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services. The facility
shall be staffed on a twenty-four-hour basis by qualified personnel
and operated by a governmental agency, or agent thereof, or social
service corporation in accordance with commonwealth and Allegheny
County laws and regulations. This category shall not include facilities
operated by or under the jurisdiction of any government bureau of
corrections or similar agency. The facility shall be appropriately
staffed on a twenty-four-hour basis as normally prescribed by county
or commonwealth regulations. This facility shall not include business
or professional offices, business activities, fraternal or social
clubs, hospitals, nursing homes, rooming or boarding homes.
A vehicle that is either uninspected and/or unregistered
within the public right-of-way.
Any area where scrap metal, paper, rags, tires, and other
waste and/or used materials are bought, sold, exchanged, stored, bailed,
packaged, disassembled or handled; or where inoperable machinery or
motor vehicles are collected, dismantled, stored or sold for parts.
Any use conducted entirely within an enclosed building is not a salvage
yard.
An establishment where four or more domestic pets that are
four months or older are kept, bred, trained, or boarded at any one
time, whether for profit or not. A kennel shall not be considered
a no-impact home-based business, or a home occupation, or an accessory
use to a residential dwelling, unless specifically permitted by this
chapter.
The legal or beneficial owner of land, including the holder
of an option or contract to purchase (whether or not such an option
or contract is subject to any condition); a lessee, if he is authorized
under the lease to exercise the rights of the landowner, or other
person having a proprietary interest in the land, shall be deemed
to be a landowner.
The processing and fabrication of certain materials and products
where no process involved produces noise, vibration, air pollution,
fire hazard or noxious emission which will disturb or endanger neighboring
properties. "Light manufacturing" includes, but is not limited to,
the production of the following goods: home appliances; electrical
instruments; office machines; precision instruments; electronic devices;
timepieces; jewelry; optical goods; musical instruments; novelties;
wood products; printed material; lithographic plates; type composition;
machine tools; dies and gauges; ceramics; apparel; lightweight metal
castings; film processing; light sheet metal products; plastic goods;
pharmaceutical goods; and food products, but not animal slaughtering
or curing.
The total composite of all off-street structures and facilities
for a loading and unloading area to include, but not limited to, the
loading space(s), docking approach, access drive(s) and all related
accessory facilities.
Space conveniently located, accessible and properly designed
for the temporary use by vehicles making bulk pickups or deliveries
of merchandise or materials.
Any parcel or tract of land on which a main building and
any accessory buildings are placed, together with the required open
spaces. Such lot shall front on an improved public street or on an
approved private way. In case of subdivision or combination of lots,
no lot shall be created which does not meet the requirements of this
chapter and pursuant to the laws of the commonwealth.
The total area within the boundary of a lot but excluding
the area of land bounded by any front lot line, the center line of
a street right-of-way on which it fronts, and the side lot lines intersecting
the front lot line and extended to the center line of the street right-of-way.
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot.
That percentage of a lot which when viewed directly from
above would be covered by a structure or structures, or any part thereof,
excluding protecting roof eaves.
The distance between the midpoints of the front lot line
and the rear lot line.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
A street right-of-way line forming the boundary of a lot.
The lot line that is most distant from, and is, or is most
nearly, parallel to, the front lot line. If a rear lot line is less
than 15 feet long, or if the lot comes to a point at the rear, the
rear lot lines shall be a line at least 15 feet long, lying wholly
within the lot, parallel to the front line. If a zoning lot has two
or more front lot lines, the owner or developer shall designate the
yard which is to be the rear yard.
A lot line which is neither a front lot line nor a rear lot
line.
A lot which is part of a subdivision recorded in the office
of Allegheny County Department of Real Estate or a lot or parcel described
by metes and bounds, the description of which has been so recorded.
The distance between the side lot lines measured at right
angles to the lot depth at the established front building line.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
A lot other than a corner lot with frontage on only one street.
A lot with the frontage on two parallel, or approximately
parallel streets, and which is not a corner lot; may also be referred
to as a double frontage lot.
Business engaged in the mechanical or chemical transformation
of materials or substances into new products or engaged in assembling
component parts of manufactured products if the new product is neither
a structure nor other fixed improvement.
Any business or part thereof where massage services are provided
by a person having graduated from a massage therapy training program
approved by the Pennsylvania State Board of Private Licensed Schools,
or equivalent agency if trained in another state, by a person certified
through a massage therapy certification exam approved by the National
Commission for Certifying Agencies, by a person certified through
the National Certification Board for Therapeutic Massage and Bodywork,
or by a person who is a practitioner or higher level member of the
American Massage Therapy Association (AMTA), Associated Bodywork and
Massage Professionals (ABMP), or International Massage Association
(IMA).
An establishment, excluding a medical office and business
or professional office, where two or more medical professionals licensed
by the Pennsylvania Department of Health provide diagnostic health,
medical, surgical and/or psychiatric services and/or treatment to
the general public, where patients are not provided with board or
kept overnight, and shall include such uses as reception areas, waiting
areas, consultation rooms, x-ray and minor operating rooms and a dispensary,
provided that all such uses have access only from the interior of
the building or structure.
An establishment where one or more licensed medical professionals,
provide diagnosis and treatment by appointment to the general public,
without surgical procedures or pharmacy, where patients are not provided
with board or kept overnight, and shall include such uses as reception
areas, offices, consultation rooms, and x-ray, provided that all such
uses have access only from the interior of the building or structure.
The conduct or carrying on of two or more uses of one building.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two or more units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly, and constructed so that it may be used with
or without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utilities' connections and other appurtenances necessary
for the erections thereon of a single mobile home, which is leased
by the park owner to the occupants of the mobile homes erected on
the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
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 12-14-2022 by Ord.
No. 629]
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. The term includes "module," "prefab,"
"factory-built," "panel-built," and similar terms. The completed unit
shall comply with the building code standards for conventionally constructed
units; the modular unit is considered real property.
Structure of over three stories, but not exceeding the height
limitation for the district in which it is located, with an elevator
as well as stairs to all levels. All units are accessible through
an entrance hall shared with other dwelling units. This term shall
also include the terms "low-rise, mid-rise or high-rise apartments."
Borough of Blawnox, Allegheny County, Commonwealth of Pennsylvania.
[Added 12-14-2022 by Ord.
No. 629]
An establishment primarily engaged in the provision of frequently
or recurrently needed goods for household consumption, such as prepackaged
food and beverages, and limited household supplies and hardware. Neighborhood
convenience stores shall not include fuel pumps or the selling of
fuel for motor vehicles. Typical uses include neighborhood markets
and country stores. Establishment not to exceed 2,000 square feet.
The total of the floor areas of a building, measured from
the interior faces of walls, excluding stairwells and elevator shafts,
common hallways which are not leasable space, lobbies, rest rooms,
storage (except in conjunction with warehouses and other industrial
uses) and equipment rooms, food preparation areas in a restaurant,
interior vehicle parking or loading areas and any other areas not
accessible to the general public.
A commercial enterprise (including all or a portion of a
restaurant, bar, hotel, or motel) which offers dancing and entertainment,
either live or recorded, and may be characterized by low light levels,
closely packed tables and/or a dance floor, whether or not the consumption
of alcoholic beverages is permitted or allowed on the premises. Nightclubs
shall not include banquet facilities, private clubs, recreation facilities
or other buildings used primarily for social gatherings of members
of condominiums, cooperatives, homeowner associations, civic, charitable,
or fraternal organizations which periodically have dances, stage shows,
or music, and alcoholic beverage consumption and admission fees. For
purposes of this definition, entertainment shall not include television
viewing of sporting events, programs, or movies.
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, and which otherwise complies with the following requirements:
The business activity shall be compatible with the residential
use of the property and the surrounding residential uses;
The business shall employ no employees other than family members
residing in the dwelling;
There shall be no display and no exterior stockpiling or inventory;
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights;
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;
The business activity may not generate any solid waste or sewage
discharge in volume or type that is not normally associated with residential
use in the neighborhood;
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area; and
The business may not include any illegal activity.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCF
shall not include support structures for antennas and related equipment.
[Added 12-14-2022 by Ord.
No. 629]
A structure, or part of a structure, manifestly not designed
to comply with the applicable minimum yard or other dimensional requirements
of this chapter, or an amendment hereafter enacted, which lawfully
existed prior to the enactment of this chapter or any subsequent amendment.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
A lot which does not comply with the applicable area and
dimensional requirements of this chapter, or an amendment hereinafter
enacted, which lawfully existed prior to the enactment of this chapter
or any subsequent amendment.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter, or amendment hereafter
enacted, which lawfully existed prior to the enactment of this chapter
or any subsequent amendment.
Any use that is nonresidential. Also, an institutional use
in which persons may reside, such as a dormitory, correctional facility,
nursing home, or hospital shall be considered a nonresidential use.
An institution for the care of children, the aged or infirmed,
who are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services. The facility
shall be licensed or certified in accordance with state and county
laws and regulations. The term shall not include facilities or acute
care or institutions for the care and treatment of mental illness,
alcoholism, or narcotics addiction.
A permit issued by the Zoning Officer before the occupancy
of any new or remodeled building, use of land, or change of use, which
certifies that all the requirements of this chapter and other applicable
ordinances have been met.
Land set aside and used for recreation, agriculture, resource
protection or a buffer area which is freely accessible to all residents
of a development although restrictions may apply to agricultural areas.
Open space does not include land occupied by nonrecreational buildings,
roads and required parking areas or yards of dwelling units required
by this chapter. Open space is normally left in a natural state, except
if safety precludes this, and also with the exception of recreation
areas which may be surfaced.
The growing, harvesting, production, keeping or maintaining
of, for sale, lease, or personal use of plants useful for humans and
animals, including, but not limited to, grains and seed crops, fruit
of all kinds, vegetables, sod, nursery, floral, ornamental and greenhouse
products.
The storage of materials, equipment, containers, and/or trailers
outside of a completely enclosed building. The term "outdoor storage"
shall not be construed to include: outdoor storage of motorized vehicles
(such as automobiles, boats and buses) that do not constitute junk
vehicles.
An area specifically designed for outdoor use for active
or passive recreation purposes, open space and/or sports that offers
all of its activities and services to the general public for no fee
or charge; provided, however, a park owned by the federal, state,
county and/or Borough may charge fees for usage or activities that
are established by the appropriate governing body or governmental
entity. A park shall also include a parcel of land owned by a homeowners'
association or condominium association, as part of a Borough-approved
subdivision, land development and/or planned residential development,
that is dedicated, either publicly or privately, specifically for
the use as a park, open space, and/or active or passive recreation
area.
Any lot, parcel or yard used regularly in whole or part for
the storage or parking of more than two vehicles where such usage
is not incidental to or in conjunction with a one- or two-family house.
An off-street space available for parking of a motor vehicle
and which has a hard, all-weather surface and is at least an area
nine feet wide by 18 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
The outer boundary of a development site or area.
An authorized use allowed by right, which may be granted
by the Zoning Officer upon compliance with the requirements of this
chapter.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A residential facility, operated for profits or otherwise,
providing food, shelter and personal assistance or supervision for
adults who require assistance or supervision in daily routine activities
such as bathing, dressing, diet or the taking of medication prescribed
for self-administration.
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 a lot size, type of dwelling, use, intensity,
density, lot coverage or required open space to the regulations established
in any one district created from time to time, under the provisions
of this chapter.
Any freestanding structure located within the public rights-of-way,
including, but not limited to, utility poles, street lights, traffic
lights and signage that may support, hold, or house wireless communications
facilities, wireless accessory equipment, or related equipment.
[Added 12-14-2022 by Ord.
No. 629]
An open-roofed or enclosed exterior appendage to a main or
accessory structure, projecting from the front, side, or rear walls
of the structure. For purposes of this chapter, porches shall include
structures and home additions commonly referred to as "patios," "sunrooms,"
"sunporches," "decks" and similar structures or construction. Stoops
or slabs which extend beyond the front, side, or rear walls of a main
structure a distance of more than four feet and/or exceed the length
of six feet along said front, side or rear walls are deemed to be
porches by definition. Permanent or temporary awnings which extend
beyond five feet from the front, side, or rear walls of the main structure,
or which are partially or wholly supported by posts, poles, spires
or similar construction or structures set beyond the walls of the
main structure are deemed to be porches by definition.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
The main use of land or structures as distinguished from
a subordinate or accessory use.
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the municipality.
[Added 12-14-2022 by Ord.
No. 629]
Of or pertaining to any building, structure, use, or activity
limited to members of an organization or to other persons specifically
invited or permitted where no advertisement or inducement has been
made to the general public.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers, and other facilities to be owned, maintained,
or operated by a private entity as an individual, corporation, or
homeowners' association for which plans and specifications must
comply with the provisions of this chapter.
An active, registered professional engineer (P.E.), licensed
as such by the Commonwealth of Pennsylvania.
[Added 12-14-2022 by Ord.
No. 629]
Of or pertaining to any building, structure, use, or activity
belonging to, or affecting, any duly authorized government body.
A formal meeting held pursuant to public notice by the members
of Council or the Property and Planning Committee, intended to inform
and obtain public comment, prior to taking action in accordance with
this chapter.
All streets, walkways, gutters, stormwater management facilities,
curbs, sewers, and other facilities to be dedicated to and accepted
by or maintained by the Borough or other public entity for which plans,
and specifications must comply with the provisions of this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notices
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days or less than seven days from the date
of the hearing.
The surface of and space above and below any real property
in the municipality in which the municipality has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to, the total extent of
land reserved or dedicated as street way/alley/lane for public or
private purpose; all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the municipality; any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the municipality. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
[Added 12-14-2022 by Ord.
No. 629]
Land or a building or structure and its equipment erected
and used for the purpose of facilitating service to the public, by
a governmental agency or publicly franchised or regulated corporation.
A municipal water supply facility approved and permitted
by DEP and owned and operated by a municipality or a municipal authority,
or a water supply facility owned by a public utility and operated
in accordance with a certificate of public convenience granted by
the Public Utility Commission (PUC).
Land or buildings for the pursuit of sports and similar leisure
time activities such as parks, swimming pools, tennis courts or ballfields,
which are operated by governmental or nonprofit organization. Excluded
are any amusement establishments or other recreational facilities
of a commercial nature. (See "commercial recreation.")
A single- or multiple-axle, non-self-propelled or self-propelled
structure mounted on wheels or otherwise capable of being made mobile
for the purpose of travel, recreational and vacation use, including,
but not limited to, travel trailers, motor homes, tent trailers, boats
and boat trailers, horse trailers, or campers.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 12-14-2022 by Ord.
No. 629]
A use devoted to research, design, laboratory work and or
experimentation and any processing and fabrication incidental thereto,
provided no materials or finished products shall be manufactured,
processed, or fabricated on the premises for sale except such as are
incidental to said laboratory research, design and or experimentation
conducted on said premises.
Those activities customarily conducted in living quarters
in an urban setting but excluding such activities as the keeping of
livestock or fowl; activities resulting in noise which constitutes
a nuisance in a residential area; and activities which involve the
storage, visible from off the lot, of motor vehicle parts, machinery
or parts, junk or scrap materials.
An establishment where the principal business is the sale of
food and beverages to the public in a ready-to-consume state, where
the food preparation is completed in the on-site kitchen, and where
the design or principal method of operation consists of one or more
of the following:
HIGH-TURNOVER RESTAURANTA restaurant where food is inexpensive or moderately priced and the customer turnover time is generally less than one hour, including drive-through restaurants and take-out establishments.
LOW-TURNOVER RESTAURANTA restaurant where food is more expensively priced than in a high turnover restaurant and where the customer turnover time is generally one hour or longer.
DRIVE-THROUGH RESTAURANTA restaurant which includes a principal building and adjoining parking area used for the purpose of furnishing food and beverages to the public normally for consumption outside the confines of the principal building, or in vehicles parked upon the premises, regardless of whether or not seats are provided inside for patrons.
A restaurant does not include establishments where food service
is subordinate or incidental to the consumption of alcoholic beverages,
to entertainment, to the sale of merchandise or non-food-related services.
Commercial establishments engaged in selling merchandise
directly to customers for personal or household consumption and rendering
services incidental to the sale of goods.
Land reserved for use as a street, alley, interior walk,
or other public purpose and dedicated for public use; all must be
recorded in the County Recorder of Deeds Office. For purposes of this
chapter, public right-of-way lines shall prevail over private parcel
lines that are designated as falling within the public thoroughfare
or alley, all applicable lot area and front, side and rear lot requirements
shall be computed from the public right-of-way.
A residential building other than a hotel in which part or
parts are kept, used, or held out to be a place where sleeping accommodations
are offered for hire for three or more persons.
Any public, private or parochial place of instruction, not
including institutions of higher learning, having regular sessions,
with regularly employed instructors and meeting all the requirements
of the Pennsylvania Dept. of Education for providing primary, secondary,
vocational, or post-secondary education. This definition shall not
include privately operated, for-profit schools of trade, vocation,
or business.
Commercial establishments providing a wide variety of services
for individuals, business and government establishments and other
organizations.
PERSONAL SERVICESEstablishments providing services generally involving the care of the person or his/her apparel such as laundries, dry-cleaning shops (excluding dry-cleaning plants), barber/beauty shops, photographic studios, shoe repair and similar services. For the purpose of this chapter, funeral homes/mortuaries and vehicular repair services are excluded from this category.
BUSINESS SERVICESEstablishments providing services primarily to business establishments on a fee or contract basis, such as advertising and public relations, management and consulting services, security and maintenance services, equipment rental/leasing, computer and data processing services, medical, legal and psychological services.
A group of commercial businesses developed, owned and maintained
as a single entity and sharing a common parking lot.
The use of a dwelling unit in which the owner rents any area
of a dwelling unit to one (or more) individuals for compensation or
fee, including offer of exchange in kind, or any type (whether or
not involving overnight accommodations or separate sleeping quarters)
for less than 30 consecutive days. This definition applies to all
types of residential dwellings including, but not limated to, single-family
dwelling, two-family dwelling, multifamily dwelling and residential
properties commonly considered as seasonal dwelling units, vacation
homes, or tourist homes. A short-term rental use shall not cause an
increase in vehicular or pedestrian traffic, or the use of water,
sewage, garbage, public safety, or any other municipal services, beyond
that which is normal for a dwelling unit in the neighborhood nor increase
the occupancy of the dwelling unit beyond what the dwelling unit is
built to hold.
Federal regulation 47 CFR 1.6003 defines the, "reasonable
periods of time to act on siting applications" as the "shot clock"
time frames. At regulation, "[t]he shot clock date for a siting application
is determined by counting forward, beginning on the day after the
date when the application was submitted." [47 CFR 1.6003(e)].
[Added 12-14-2022 by Ord.
No. 629]
A structure that is arranged, intended, designed, or used
to advertise, announce or direct; or any device, illustration, description
or identification posted, painted, or placed in some fashion on a
building, structure or any surface for such a purpose. For the purpose
of removal, signs shall also include all sign structures.
AWNING, CANOPY SIGNA sign consisting of individual cut-out letters and/or symbols which are painted, stenciled, or otherwise placed on a nonpermanent awning or canopy.
FLASHING/ANIMATED SIGNAny illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times.
FREESTANDING SIGNA sign erected on a freestanding frame, mast or poles and not attached to any building. Also known as a "ground or detached sign."
IDENTIFICATION SIGNA sign indicating only the name of the individual or organization occupying the premises; the profession of the occupant; or the name and/or address of the building or management thereof.
MARQUEE SIGNA sign placed on or under the edge of any canopy of permanent construction projecting from the wall of a building.
OFF-LOT DIRECTIONAL SIGNA sign which conveys instructions or directions with respect to the use of the lot or building on which the sign is located, including, but not limited to, signs which indicate street addresses and the availability of parking, telephones, restrooms, and other conveniences for the general public.
OUTDOOR ADVERTISING SIGNSee "billboard."
PROJECTING SIGNAny sign supported by a building wall and/or roof attached along one edge by a bracket, perpendicular to the wall surface or hung from a support attached to a building wall, projecting no more than six feet, this may include a message board with internal lighting.
WALL SIGNA sign attached to or erected against a wall of a building with the face horizontally parallel to the building wall.
WINDOW GRAPHIC SIGNA sign which is painted permanently on or similarly applied to the inside or outside of a window.
The area defined by the frame or edge of a sign. Where there
is no frame or edge to the sign, the area shall be defined by a projected,
enclosed, four-sided (straight sides) geometric shape which most closely
outlines the copy or letters of the said sign.
The area or display surface of a sign, including the advertising
surface and any framing, trim, or molding, used for the message on
a single pane.
A sign which offers the premises for sale, rent or development;
or advertises the services of professionals or building trades during
sale, construction, or alteration of the premises upon which the sign
is located.
A plan of a proposed development or use on which is shown
topography, location of all buildings, structures, roads, rights-of-way,
boundaries, all essential dimensions and bearings and any other information
deemed necessary by the Borough or prescribed by this chapter.
A wireless communications facility that meets the following
criteria:
[Added 12-14-2022 by Ord.
No. 629]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Approval for a particular use granted by the Zoning Hearing
Board according to the provisions of the ordinance.
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 12-14-2022 by Ord.
No. 629]
An area where the inclination (vertical distance over horizontal
distance) of the land's surface is 15% or greater and encompassing
a vertical grade differential of 10 feet within the slope. Slope is
calculated based upon contours at intervals of not more than five
feet where the slope is greater than 10% and at intervals of not more
than two feet where the slope is 10% or less.
A small accessory structure, either wholly or partially enclosed,
serving for storage of tools, equipment, supplies or other similar
materials for safekeeping.
A story is that part of a building between the surface of
any floor and the next floor above it or, in its absence, then the
finished ceiling or roof above it. A "split-level story" shall be
considered a second story if its floor level is six feet or more above
the level of the line of the finished floor next below it. Any floor
under a sloping roof at the top of a building which is more than two
feet below the top plate shall be counted as a story; and, if less
than two feet below the top plate, it shall be counted as a half-story.
A basement shall be counted as a story if it averages more than five
feet above finished grade.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, or other way, whether public or private, used
or intended to be used by vehicular or pedestrian traffic.
Streets may be classified according to the following:
STREET, ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another or to link one community with another.
STREET, COLLECTORStreets designed to collect traffic from local street and then to convey it to the major arterials.
STREET, LOCALStreets designed to serve only the traffic needs of and provide access to a limited area or neighborhood.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
Any assembled, erected or constructed object having a stationary
location on or in land or water, whether or not it is affixed to the
land. This includes, but is not limited to, gazebos, storage sheds
or containers, freestanding posts, pillars, and similar uses.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Added 12-14-2022 by Ord.
No. 629]
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, transfer or ownership,
or building, or lot development; provided, however, that the division
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new structure or easement of access, shall be exempted.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added 12-14-2022 by Ord.
No. 629]
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the rights-of-way, it increases
the height of the facility by more than 10% or 10 feet, whichever
is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those wireless communications facilities
in the public rights-of-way, it protrudes from the edge of the structure
by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A body of water in an artificial or semiartificial receptacle
or other container, whether located in or out of doors, used as a
recreational facility for swimming, bathing, or wading and having
a depth of over 24 inches. A swimming pool shall be deemed to include
all building, equipment, and appurtenances incidental to such a pool.
A business selling food and alcoholic beverages for consumption
on the premises and duly licensed by the Commonwealth of Pennsylvania.
Any structure or use which, by the type of materials, construction
or intended purpose, is erected or located for not more than one year.
Included are tents, stands, construction trailers and other structures
or uses of similar character.
The Blawnox Borough Property and Planning Committee.
An establishment that has an audience viewing hall or room
and a permanent stage for presentation of live preformances by live
actors to a live audience on a theater stheater setting. Theaters
may include, but are not limited to, live preformances of music, dance,
plays, and oration.
A self-supporting lattice tower, guyed tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service.
[Added 12-14-2022 by Ord.
No. 629]
A tower and its supporting antennas, including, but not limited
to, self-supporting lattice towers, guyed towers and monopoles. Distributed
antennas system hub facilities are considered to be tower-based WCFs.
[Added 12-14-2022 by Ord.
No. 629]
An attached single-family dwelling consisting of a structure
with a series of three to six attached dwelling units, separated from
one another by continuous vertical walls without an opening from basement
to roof.
A vehicular portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and recreational purposes
having a body width not exceeding eight feet.
A zoning district, or subarea thereof, in which utility installations
are required to be installed underground on a nondiscriminatory basis.
[Added 12-14-2022 by Ord.
No. 629]
The specific purpose of which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Permissive waivers from the terms of this chapter, granted
by the Zoning Hearing Board in cases where a literal enforcement of
provisions of the ordinance will result in unnecessary hardship, due
to special conditions that are self-imposed, and are determined not
to be contrary to the public interest and the spirit and instant of
this chapter.
A business, or portion thereof, having on its premises for
use by the public, more than five video or electromechanical devices
operated by inserting a coin or token.
A building where wares or goods are stored before distribution
to retailers or are kept in reserve or bond.
Commercial establishments primarily engaged in selling merchandise
to retailers; to industrial, commercial, instructional, farm or professional
business users; to other wholesalers; or acting as agents or brokers
in buying merchandise for or selling merchandise to such persons or
companies.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 12-14-2022 by Ord.
No. 629]
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of wireless service
and any commingled information services.
[Added 12-14-2022 by Ord.
No. 629]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 12-14-2022 by Ord.
No. 629]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
rights-of-way or other municipal-owned land or property.
[Added 12-14-2022 by Ord.
No. 629]
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, if approved by the municipality.
[Added 12-14-2022 by Ord.
No. 629]
An open space on a lot which is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein. (See
illustrations.[6])
YARD, FRONTA yard extending along the full length of a front lot line and back to the required building line.
YARD, REARThe required open space extending from the rear of the main building to the real lot line (not necessarily a street line) across the entire width of the lot.
YARD, SIDEThe required open space between the side (face) of any building and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed as a sideline.
The Zoning Hearing Board of Blawnox Borough.
The duly constituted official designated to administer and
enforce this chapter.
A permit, issued by the Zoning Officer stating that the purpose
for which a building or land is to be used is in conformity with the
uses permitted and all other requirements of this chapter for the
zoning district in which it is located or is to be located.
[1]
Editor's Note: Said diagrams are included in Attachment
1 of this chapter.
[2]
Editor's Note: Appendix A is included in Attachment 1
of this chapter.
[4]
Editor's Note: See 42 U.S.C.A. § 3601 et seq.
[5]
Editor's Note: Appendix B is included in Attachment 1
of this chapter.
[6]
Editor's Note: Said illustrations are included in Attachment
1 of this chapter.
