Unless otherwise expressly stated, the following words shall,
for the purpose of this Chapter, have the meaning herein indicated:
ACCESSORY EQUIPMENT or WIRELESS ACCESSORY EQUIPMENT
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 10-19-2022 by Ord.
No. 449]
ACCESSORY STRUCTURE
A structure subordinate to the principal structure(s) on
a lot and used for purposes customarily incidental to those of the
principal structures(s).
ACCESSORY USE
A use on the same lot with, and clearly incidental and subordinate
to, the principal use on the lot.
ADJACENT STRUCTURES
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 streetlight
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 antennae mounted on the tower and any other appurtenances.
[Added 10-19-2022 by Ord.
No. 449]
ADULT-ORIENTED ESTABLISHMENT
Any establishment providing adult reading and/or viewing
material and/or entertainment which depicts or describes sexual nudity
or sexual activity, including: adult arcade; adult bookstore; adult
video store; adult cabaret; adult motion picture theater; adult theater;
escort agencies; body painting studio (when specified anatomical areas
are exposed); tattoo and/or piercing parlor (where specified anatomical
areas are exposed); or massage establishment (that does not qualify
as a massage therapy establishment).
AGRICULTURE
Any use of land or structure(s) for an enterprise that is
actively engaged in the commercial production of 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, silvacultural and aquacultural crops and commodities.
The term "agriculture" includes any use that implements changes in
the 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 are consistent
with technological development within the agricultural industry.
AGRICULTURE EMPLOYEE HOUSING
An accessory dwelling related to an agricultural use generally
constructed as a separate dwelling unit which allows agricultural
landowners and/or developers to provide living arrangements for agricultural
help and/or employees.
AIRPORT
A place specifically designed to allow aircraft to take off
and land, usually equipped with paved runways, hangers, and facilities
for refueling and repair.
ALTERATION
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beam, girders,
or interior partitions, as well as any change in doors or windows,
or any enlargement to the diminution of a building or structure, whether
horizontally or vertically, or the moving of a structure from one
location to another.
ANIMAL HUSBANDRY
The agricultural practice of breeding and raising farm animals.
ANTENNA or ANTENNAE
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 antennae
or amateur radio equipment including, without limitation, ham or citizen
band radio antennae.
[Added 9-17-2014 by Ord.
No. 402; Amended 10-19-2022 by Ord. No. 449]
APARTMENT
A building or single structure comprised of three or more
dwelling units with shared entrance facilities.
APPLICANT
Any person (including any natural person, partnership, association,
company, corporation or any entity of any kind or type), owner, developer,
operator, and/or their agents who has an interest in real estate in
the Township and is seeking a permit or other right to develop, erect,
alter, drill or produce oil and gas, or otherwise use or occupy property
or land located in the Township of West Deer.
AREA
See "gross floor area;" "lot area."
ASSEMBLY OR FABRICATION FACILITY
Any structure or part thereof where pre-manufactured parts
(i.e., parts not manufactured on site) are assembled into a finished
product for wholesale or retail sale, and where manufacturing of parts
does not occur.
ATTACHED DWELLING
A dwelling unit, attached by common wall or walls to one
or more other similar dwelling units, each independent of the other
and each with at least two direct access points to the outside. Common
walls shall extend from the ground level to the roof without openings.
Property lines would follow the centerline of the common walls. Side
yard setbacks would not apply at common walls.
AUTOMOBILE SALES/SERVICE
An establishment devoted to the sale of automobiles, noncommercial
trucks, motorcycles, motor homes, recreational vehicles, or boats.
Such use may also include the servicing of the types of vehicles sold
on the lot.
AUTOMOBILE RENTAL
An establishment providing temporary use of automobiles,
noncommercial trucks, motor homes, and/or recreational vehicles for
a fee. Such use may or may not include the storage of vehicles, vehicle
washing, and/or gassing facilities, but excludes vehicle repair work.
AUTO SALES (NEW)
Retail sales of new automobiles or light load vehicles, including,
as a minor part of the business, the sales of used automobiles or
light load vehicles and the service of new or used vehicles.
AUTO SALES (USED)
Retail sales, or offering for sale, used automobiles or light
load vehicles.
AUTO STORAGE OR AUTO AUCTION
The storage or impoundment, on a lot or tract which is paved
in accordance with parking lot paving requirements set forth in this
Chapter, of operable automobiles for the purpose of holding such vehicles
for sale, distribution and/or storage. This definition shall not include
the storage of wrecked or inoperable vehicles (see "salvage yard").
BAKERY
An establishment where breads, cakes, pastries, and the like
are produced and/or sold.
BANK
See "financial institution."
BED AND BREAKFAST
A commercial establishment that occupies a single-family
dwelling and associated accessory structures where limited overnight
lodging and breakfast is provided for compensation to guests and where
said use may or may not also host accommodations for private events
(e.g., such as weddings and conferences). The dwelling may or may
not include a publicly accessible restaurant as a related use. Overnight
lodging occurs within individual sleeping rooms, each of which is
accessible from the interior of the principal structure and/or existing
accessory structure (constructed prior to the date of this Chapter)
and which each does not contain cooking facilities. New construction,
alteration, or reconstruction of any structure shall also be governed
by said Chapter. The owner of said use shall be a permanent resident
on the site.
BILLBOARD
Any sign, as defined herein, which advertises an establishment,
person, activity, product or service which is unrelated to or not
available on the premises where the sign is located.
BOARDINGHOUSE
A dwelling in which, for a fee or other consideration, the
resident owner lives and provides sleeping accommodations with board
for at least three but not more than 10 persons in the dwelling, exclusive
of the resident owner and members of the resident owner's family with
or without individual cooking facilities.
BOARD OF SUPERVISORS
The Board of Supervisors of West Deer Township, Allegheny
County, Pennsylvania.
BUILDING
A structure that is enclosed, and portions of which are protected
from the weather and are usually climate controlled (heated and/or
air-conditioned), and that is usable for habitation or as a working
environment.
BUILDING HEIGHT
The vertical distance measured between the average of the
highest and the lowest elevations at finished grade of the structure
and, if a flat-roofed building, the top of the roof or a parapet wall;
or, if a sloped roofed building, the average between the gutter and
ridge lines of the highest roof element on the building.
BUILDING LINE
A line parallel to the front, side or rear lot line set so
as to provide the required yard (setback).
BUSINESS
An establishment, licensed to operate as such by the granting
local and/or commonwealth agencies.
BUSINESS SERVICES
An establishment that provides services primarily to businesses
typically on a fee or contract basis, such as advertising and public
relations, management and consulting services, security and maintenance
services, equipment rental/leasing, document reproduction-related
services, computer and data processing services, cell phone sales,
and computer sales.
CAMPGROUND
A nonresidential use of a parcel of land for temporary overnight
use by tents and/or recreational vehicles for which a fee may or may
not be charged.
CARTWAY
That portion of a street or alley which is improved, designated,
intended, used or capable of being used for vehicular travel.
CAR WASH
An area of land and/or structure with machine and/or hand-operated
facilities used principally for the interior and/or exterior cleaning,
washing, polishing, or waxing of motor vehicles, and where no vehicle
repairs or sales of petroleum fuel or lubricants are performed. A
car wash may or may not include accessory uses such as auto detailing.
CEMETERY
Land that is reserved for the burying of the deceased and
that may contain mausolea and columbaria, but may not contain crematoria.
CINEMA
A structure devoted to the indoor display of motion pictures,
but excluding an adult-oriented business.
CLUSTER DEVELOPMENT
A residential development technique that concentrates residential
development in specific areas of a lot to allow the remaining land
to be used for recreation, common open space, the preservation of
sensitive natural resources or agricultural activities.
COLLECTOR STREET
A public street or road which, in addition to providing access
to abutting lots, intercepts local streets and provides a route for
carrying considerable volumes of local traffic to community facilities
and arterial streets.
CO-LOCATION
The mounting of one or more wireless communication facilities,
including antennae, on a preexisting structure, or modifying a structure
for the purpose of mounting or installing a wireless communication
facility on that structure.
[Added 9-17-2014 by Ord.
No. 402; Amended 10-19-2022 by Ord. No. 449]
COMMERCIAL
Engaging in a business, enterprise, activity or other undertaking
ordinarily or actually for profit.
COMMERCIALLY REASONABLE
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 10-19-2022 by Ord.
No. 449]
COMMISSION, PLANNING
The legally appointed Planning Commission of the Township
of West Deer, Allegheny County, Pennsylvania.
COMMON OPEN SPACE
Land or the area of a lot(s) which is held by one entity
or multiple entities for the benefit of the general use of recreation,
resource protection, amenity and/or buffers, not including any area
of a residential lot, any part of an existing or future street right-of-way.
The calculations of the total common space area shall not include
easements and stormwater detention facilities which are located within
the common open space.
COMPREHENSIVE PLAN
The comprehensive, long-range plan document for the desirable
use of land in West Deer Township; the purposes of such plan being,
among other things, to serve as a guide for the zoning and progressive
rezoning of land to meet changing community needs, in the subdividing
and use of undeveloped land and in the acquisition of land for such
public purposes as streets, parks, schools and other public buildings.
CONDITIONAL USE
An authorized use which may be granted only by the Board
of Supervisors pursuant to express standards and criteria prescribed
in this Chapter, after review and recommendation by the Township Planning
Commission and public hearing by the Board of Supervisors pursuant
to public notice.
CONFERENCE AND TRAINING CENTER
An establishment used for corporate or professional meetings,
seminars and/or employee training, that may include dining and lodging
facilities and related recreational facilities as accessory uses.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
CONTRACTOR'S YARD
An area of land used by a general contractor or builder where
equipment and materials are stored or where a contractor performs
shop or assembly work, but excluding a construction site or any establishment
otherwise defined or classified herein.
CONVENIENCE STORE, NEIGHBORHOOD
An establishment offering for sale food products, household
items, and other goods commonly associated with the same and generally
having a gross floor area of less than 10,000 square feet.
CONVENIENCE STORE WITH GASOLINE
An establishment offering for sale gasoline, food products,
household items, and other goods commonly associated with the same
and generally having a gross floor area of less than 10,000 square
feet.
CONVENTIONAL DEVELOPMENT
The division or redivision in the traditional curvilinear
or rectilinear pattern of a lot, tract of 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 of ownership or building or lot development.
COUNTRY CLUB/GOLF COURSE
An establishment that has as its principal use facilities
for playing golf and that may include one or more of the following
accessory uses: a clubhouse and/or restaurant, locker rooms, pro shop,
swimming pool, or facilities for racquet sports.
DAY-CARE CENTER
An establishment, licensed as such by the Commonwealth of
Pennsylvania, located within a building that is not used as a dwelling
unit, for the care during part of a twenty-four-hour day of children
and/or adults.
DAY-CARE HOME
An establishment, licensed as such by the Commonwealth of
Pennsylvania, located within a dwelling, for the care on a regular
basis during part of a twenty-four-hour day of not more than six children
under 16 years of age, excluding care provided to children who are
relatives of the provider. Such use shall be secondary to the use
of the dwelling for living purposes and persons who do not reside
in the dwelling shall not be employed.
DECKS
An outdoor, uncovered unenclosed structure used as a walking
or living surface with a minimum height above grade of 10 inches which
may incorporate a railing.
DECORATIVE POLE
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 10-19-2022 by Ord.
No. 449]
DEEP WELL
An unconventional well, or any pierced or bored hole drilled
or being drilled into or below the Marcellus Shale rock formation
for the purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
DEEP WELL SITE
The areas occupied by the facilities, structures, materials
and equipment, whether temporary or permanent, necessary for or incidental
to the preparation, construction, drilling, fracturing, production
or operation of a deep well. This definition also includes any exploratory
wells. If multiple areas are used, then the total combined areas shall
be considered the deep well site area.
DENSITY
The number of dwelling units in a lot, or group of lots,
divided by the area in acres of the lot, or group of lots, computed
exclusive of any portion of the right-of-way of any public road.
DENSITY, ADJUSTED GROSS
The total number of dwelling units (DUs) allowed per acre
in a Residential Zoning District (after taking natural resources into
account).
DENSITY, BASE GROSS
The total number of dwelling units (DUs) allowed per acre
in a residential zoning district (without taking natural resources
into account).
DENSITY DIVIDEND
A product of adjusted gross density and maximum buildable
acreage. In many cases, the density dividend is the equivalent to
the maximum allowable number of dwelling units for a proposed development.
DENSITY DIVIDEND, ADJUSTED
A modified density dividend, required only if the initial
net density is greater than the maximum allowable density of the base
zoning district. In each natural resource analysis where the adjusted
density dividend is required, the adjusted density dividend is equal
to the maximum allowable number of dwelling units for a proposed development.
DENSITY FACTOR
The output of the Natural Resource Adjustment Graph as determined
by the disturbance ratio. When multiplied by the base gross density,
the density factor produces the adjusted gross density.
DENSITY, INITIAL NET
A quotient of the density dividend and the total acres proposed
for disturbance.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
DERRICK
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or re-working a well
for the production of oil or gas.
DEVELOPER
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 9-17-2014 by Ord.
No. 402]
DRILLING
The digging or boring of a well for the purpose of exploring
for, developing or producing oil and/or gas or other hydrocarbons.
DRILLING PAD
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
DRIVING RANGE
An establishment operated for the purposes of developing
golfing techniques, including miniature golf courses, but excluding
golf courses and Par 3 courses.
DUPLEX
A structure containing two dwelling units, each of which
is totally separated from the other by an unpierced wall extending
from ground to roof or an unpierced ceiling and floor extending from
exterior walls to exterior wall, except for a common stairwell exterior
to both dwelling units. Owner fee-simple, zero-lot-line, or condominium
ownerships are permitted.
DWELLING, MULTIPLE-FAMILY
A permanent dwelling designed for, or occupied by, two or
more families with separate housekeeping and cooking facilities for
each family. Mobile homes are expressly excluded from this definition,
and they are not to be considered multiple-family dwellings.
DWELLING UNIT
A single room or a group of connected rooms, with its own
private bathing, toilet, cooking and food storage facilities, in a
building for the exclusive use of one family.
EFFECTIVE DATE
The date on which this Chapter is duly adopted by the Township
or as specified in the ordinance so adopted.
ELIGIBLE FACILITIES REQUEST
An application for modification of an existing wireless communications
facility or base station that involves: A) co-location of new transmission
equipment; B) removal of transmission equipment; or C) replacement
of transmission equipment.
[Added 10-19-2022 by Ord.
No. 449]
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
[Added 9-17-2014 by Ord.
No. 402]
ERECTED
Includes building, constructed, reconstructed, moved upon,
or any physical operations on the land required for the building.
Excavation, fill, drainage and the like shall be considered part of
the erection.
ESSENTIAL SERVICE
The erection, construction, alteration, or maintenance of
underground or overhead gas, electrical, steam, or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduit cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, street signs, cable television, or other telecommunications
transmission lines provided by public or private entities, and other
similar equipment and accessories in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or for the public health
or safety or general welfare, but not including buildings. Communication
facilities shall not be considered essential services for the purposes
of this Chapter.
ESTABLISHMENT
Any organization, including a business, whether private,
public, governmental, social, or otherwise, together with its owners,
directors, employees, members, merchandise, inventory, and equipment,
founded and united for a specific purpose.
FAMILY
Either an individual or two or more persons related by blood,
marriage, adoption, foster parent-child relationship, or a group of
not more than three persons who need not be so related, living together
in a single dwelling unit as a single housekeeping unit and maintaining
a common household with single cooking facilities. A family includes
any domestic servants or gratuitous guests thereof. This definition
does not include persons occupying a boardinghouse.
A.
Factors to be considered whether the group of unrelated persons
constitute a "family" is whether the group:
(2)
Lives and cooks together as a single housekeeping unit.
(3)
Shares expenses for food, rent, utilities or other household
expenses.
(4)
Is permanent and stable, rather than temporary or transient.
B.
This definition is not intended to nor shall be interpreted
to conflict with the Fair Housing Act, as amended.
FCC
Federal Communications Commission.
[Added 9-17-2014 by Ord.
No. 402]
FINANCIAL INSTITUTION
An establishment in which money is kept for saving or commercial
purposes, invested, supplied for loans or exchanged.
FLEX SPACE
A structure that can be subdivided for use by multiple tenants
primarily for light industrial, warehousing, and associated office/administrative
space.
FLOODPLAIN
A normally dry land area adjacent to stream channels that
is susceptible to being inundated by overbank stream flows. For regulatory
purposes, the Pennsylvania Flood Plain Management Act (Act of October
4, 1978, P.L. 851, No. 166), 32 P.S. § 679.101 et seq.,
and regulation pursuant to the act define the floodplain as the area
inundated by the one-hundred-year flood and delineated on a map by
FEMA (Federal Emergency Management Agency) or by the applicant in
accordance with municipal ordinance requirements.
FOOD PACKAGING FACILITY
A structure or group of structures used for the storage,
assembly, packaging, and distribution of prepared foodstuffs, and
not including any food preparation.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, and which does not involve any land development.
FRACKING or FRACTURING
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
FRONT FACADE AREA
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 10-19-2022 by Ord.
No. 449]
FUNERAL HOME
A structure used for the embalming of the deceased for burial,
but not including cremation, and for the display of the deceased and
ceremonies connected therewith before burial or cremation.
GARAGE, AUTOMOBILE REPAIR
An establishment that services motor vehicles with all types
of repair work, including engine and transmission repairs, body work,
painting, and similar activities, but excluding heavy equipment repair.
GARAGE, PRIVATE
An accessory structure for the storage of motor vehicles,
recreational vehicle or boats owned and used by the owner or tenant
of the lot for a purpose accessory to the use of the lot, and for
not more than one additional motor vehicle owned and used by others.
GARAGE, PUBLIC
A private or municipal owned structure where motor vehicles
can be temporarily stored or parked typically for the payment of a
fee.
GARDEN CENTER/NURSERY
Structure(s), and lands associated therewith, for the growing
and sale of flowers, fruits, vegetables, plants, shrubs, trees, or
similar vegetation together with gardening tools and implements which
are sold at retail from such building or lot to the general public.
GAS
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
GAS WELL
Any well drilled, to be drilled, or used for the intended
or actual production of gas.
GROSS FLOOR AREA
The total area of a building measured by taking the outside
dimensions of the building at each floor level.
GROUP CARE HOME
A facility which houses unrelated residents and provides
twenty-four-hour supervision and rehabilitation services for developmentally
disabled individuals (mental retardation, autism, cerebral palsy,
epilepsy or other similar conditions) and is licensed by the Pennsylvania
Department of Public Welfare for such purposes.
HALFWAY HOUSE
A licensed facility which houses inmates on release for more-restrictive
custodial confinement or initially placed in lieu of such more-restrictive
custodial confinement, where supervision, rehabilitation, and counseling
are provided to mainstream residents back into society, enabling them
to live independently. Staffed with an on-site resident manager, a
halfway house also includes a dwelling unit occupied on a transient
or short-term basis by persons assigned by a court of law, or referred
by a public, semipublic, profit or nonprofit entity, and managed by
or on behalf of a public, semi-public, profit or nonprofit entity
responsible for the occupants' care, safety, conduct, counseling and
supervision, where the residents reside there for purposes of transitional
alcohol, drug or substance abuse recovery, shelter for battered persons
and their children, maternity homes, community reentry services following
incarceration, prison assignment, house arrest or other court-ordered
treatment, the housing of persons accepted for residence on the basis
of their status as juvenile offenders or delinquents, and other similar
short-term supervised assignments. The manager of said halfway house
shall be a permanent resident on the site.
HEARING
Public hearing as defined in "public hearing."
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennae mounted on the tower and any other appurtenances.
[Added 9-17-2014 by Ord.
No. 402]
HEIGHT OF A WIRELESS SUPPORT STRUCTURE
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 10-19-2022 by Ord.
No. 449]
HELIPORT
A facility or structure that is intended or used for the
landing and take-off of rotary-wing aircraft, including regular repair,
fueling, or maintenance of such aircraft or the sale of goods or materials
to users of such aircraft.
HELISTOP
A facility or structure that is intended or used for the
landing and take-off of rotary-wing aircraft, but not including the
regular repair, fueling, or maintenance of such aircraft, or the sale
of goods or materials to users of such aircraft.
HOME-BASED BUSINESS, NO-IMPACT
A business administered or conducted as an accessory use
clearly secondary to the use as a residential dwelling and which involves
no customer, client, or patient traffic, whether vehicular or pedestrian,
pickup, delivery, or removal functions to or from the premises, in
excess of those normally associated with residential use. The business
must satisfy the following requirements:
A.
The business shall be compatible with the residential use of
the lot and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
E.
The business may not use any equipment or process which creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business may not generate any solid waste or sewage discharge
in volume or type which is not normally associated with residential
use in the neighborhood.
G.
The business shall be conducted only within the dwelling and
may not occupy more than 25 person of the habitable floor area.
H.
The business may not involve any illegal activity.
HOME-BASED BUSINESS, OTHER
A business carried on entirely within a building whose principal
use is a single family dwelling that does not meet the requirements
of a no-impact home-based business.
HOSPITAL
An establishment (including sanitariums) for the short-term
care of patients suffering from physical or mental illnesses, but
not including narcotics addiction or those found to be criminally
insane, and which may or may not include facilities for major surgery,
and which may be publicly or privately operated.
HOSTEL
An establishment providing inexpensive accommodations for
travelers.
HOTEL/MOTEL
An establishment which provides transient lodging accommodations
to the general public in sleeping units, each unit of which has independent
access. Such establishment may provide such additional supporting
services as restaurants, meeting rooms, recreation facilities, and
living quarters for a resident manager or proprietor.
HOUSEHOLD PET
A domesticated animal that is normally or can generally be
kept within the immediate living quarters of a residential structure.
Any member of the sheep, swine, poultry, bovine, or equine family
of quadrupeds, or reptiles having venomous or constrictor nature does
not constitute a household pet under any provisions of this Chapter.
JUNKYARD
The use of more than 200 square feet of any area, whether
inside or outside a structure, or the use of any lot that joins the
street, for storage, keeping or abandonment of junk including scrap
metals, or for the dismantling, demolition, or abandonment of automobiles
or other vehicles, machinery or parts thereof.
KEEPING OF HORSES, BOARDING
Maintaining horses and/or ponies for profit for use in boarding,
riding instruction and/or training of horses owned by persons of the
lot and/or other than residents of the lot.
KEEPING OF HORSES, PERSONAL
Maintaining horses and/or ponies solely for personal use
of the residents of the lot, and not involving any profit-making activity
such as boarding, riding instruction, or training of horses owned
by persons other than residents of the lot.
KENNEL, ANIMAL
Any establishment where more than four dogs or more than
six cats who are more than six months old are kept, bred, trained,
groomed, boarded, and/or administered veterinary services.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
Excluding development in accordance with the Pennsylvania Municipalities
Planning Code Section 503(1.1).
LIBRARY
A structure containing printed and pictorial material for
public use for purposes of study, reference, and recreation; may also
provide access to the internet.
LIFE CARE FACILITY/SENIOR LIVING COMMUNITY
A health care facility for the transitional residency of
senior and/or disabled persons, providing for a progression of residential
living types such as from independent living in single-family units
to assisted and/or congregate living and culminating in a full health
and continuing care nursing home facility where any portion of the
facility may include common dining and recreation areas and which
provides supportive services, not primarily medical in nature, to
facility residents for activities of daily living. A life care facility/senior
living community may include a licensed adult day-care program; such
facility shall comply with all applicable federal, state and local
laws, ordinances and regulations relating to housing for the elderly.
[Added 9-17-2014 by Ord.
No. 401]
LOADING UNIT (SPACE)
The area required to accommodate one cargo/delivery truck
or similar equivalent vehicle, exclusive of access and turning area.
LOCAL STREET
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
LOT
A tract or parcel of land held in single or separate ownership,
that is described by reference to a recorded plan or by metes or bounds,
and is intended as a unit for transfer of ownership, use, improvement,
dedication or for development exclusive of public or private road
right-of-way.
LOT AREA
The horizontal surface area within the lot lines of a lot
exclusive of public or private road right-of-way.
LOT COVERAGE
That percentage of the lot covered by principal and accessory
structures and/or buildings.
LOT DEPTH
The horizontal distance between the midpoint of the front
lot line and the midpoint of the rear lot line.
LOT WIDTH
The horizontal distance of the building line as measured
across the lot between the side lot lines. In the case of a curved
building line, the arc distance along the building line shall be used.
MANUFACTURING, HEAVY
The use of lands or structures for the purpose of creating,
assembling, preparing, inspecting, finishing, treating, altering,
repairing, warehousing or storing, or adopting for sale of any goods,
substance, article, thing or service.
MANUFACTURING, LIGHT
The processing and fabrication of certain materials and products
where no process involved will produce noises, vibration, air pollution,
fire hazard, or noxious emissions which will disturb or endanger neighboring
lots. Light manufacturing includes 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 non-ferrous metal castings, film processing,
light sheet metal products, plastic goods, pharmaceutical goods and
food products; but excludes animal slaughtering, curing or rendering
of fats.
MASSAGE THERAPY ESTABLISHMENT
Any establishment or part thereof where massage services
are provided: by a person having graduated from a massage therapy
training program approved by the authorizing board within the Commonwealth
of Pennsylvania or equivalent agency if trained in another state;
by a person certified through a massage therapy certification examination
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 practitioner or member of either of
the American Massage Therapy Association (AMTA), Associated Bodywork
and Massage Professionals (ABMP), or International Massage Association
(IMA).
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL CLINIC
A structure where two or more licensed medical professionals
provide diagnostic health, medical, surgical, and/or psychiatric services
to the general public without overnight accommodation. Such uses may
include reception areas, waiting areas, consultation rooms, x-ray
and minor operating rooms and a dispensary, providing that all such
uses have access only from the interior of the structure.
MILITARY RELATED FACILITY
A public or private lot and/or structure(s) approved by the
United States Department of Defense and used for the training of military
personnel, maintenance, development and manufacturing of military
vehicles and equipment, and/or administrative purposes.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at 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.
MOBILE HOME PARK
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.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion, or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 10-19-2022 by Ord.
No. 449]
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
[Added 9-17-2014 by Ord.
No. 402]
MOTEL
A commercial establishment consisting of a building or group
of buildings, whether detached or in connected units, used as individual
sleeping units with separate exterior entrances, open year-round and
designed for temporary occupancy, primarily for transient automobile
travelers. Structures shall provide for accessory off-street parking
areas. Supervision is provided in shifts by twenty-four-hour on-site
management.
MUNICIPAL ADMINISTRATION FACILITY
Any individual or group of structures or lots utilized for
municipally owned and/or operated service facilities for the benefit
of the health and welfare of the citizens of West Deer Township and
the public at large.
MUNICIPAL or MUNICIPALITY
West Deer Township, Allegheny County, Commonwealth of Pennsylvania.
[Added 10-19-2022 by Ord.
No. 449]
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from a gas well or collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural has processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANT
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 is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas.
NATURAL RESOURCE ANALYSIS
The process by which sensitive natural resources are inventoried
and the total number of allowable dwelling units per acre is calculated.
NATURAL RESOURCE DISTURBANCE
The number of acres of natural resources that a developer
chooses to alter in any way for development purposes.
NATURAL RESOURCE PROTECTION
The number of acres of natural resources that a developer
chooses to leave untouched, prior to and throughout a project's development.
NONCONFORMING LOT
A lot the area or dimension which was lawful prior to the
adoption or amendment of this Chapter, as amended, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure not designed to comply
with the applicable use provisions of this Chapter or amendments thereto,
where such structure lawfully existed prior to the application of
that ordinance or amendments. Such nonconforming structures include,
but are not limited to, nonconforming signs.
NONCONFORMING USE
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment,
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including
but not limited to, antennae and related equipment. Non-tower WCF
shall not include support structures for antennae or any related equipment
that is mounted to the ground or at ground level.
[Added 9-17-2014 by Ord.
No. 402]
NURSING/CONVALESCENT CARE FACILITY
A not-for-profit or commercial establishment, licensed as
such by the Commonwealth of Pennsylvania, engaged in providing twenty-four-hour-per-day
inpatient nursing and health-related personal care, utilizing in whole
or part licensed and/or registered nurses; but excluding hospital
services and excluding day-to-day personal care that is not health
care by licensed or registered nurses.
OCCUPANCY PERMIT
A statement signed by the Zoning Officer setting forth either
that a building or structure complies with this Chapter or that a
building, structure or parcel of land may lawfully be employed for
specified uses, or both.
OFFICE, BUSINESS
A structure where one or more persons are employed in the
management, direction, or conducting of business and whose staffs/employees
serve clients who seek advice and consultation regarding business.
A business office may include the administrative, corporate, or professional
offices for profit, nonprofit, or charitable organizations.
OFFICE, MEDICAL
A structure where one or more licensed medical professionals
provide diagnosis and treatment to the general public without surgical
procedures, overnight accommodation, or pharmacy. Includes such uses
as reception areas, offices, consultation rooms, and x-ray, providing
that all such uses have access only from the interior of the structure.
OFFICE, PROFESSIONAL
A structure where recognized professional(s) such as doctors,
lawyers, architects, engineers, real estate brokers, insurance agents,
and others who, through training, are qualified to perform services
of a professional nature; and other offices used primarily for accounting,
corresponding, research, editing, or other administrative functions,
but not including banks or other financial institutions.
OIL and GAS
Crude oil, fossil fuels, natural gas, methane gas, coal bed
methane gas, propane, pentone, carbon dioxide, butane, hydrocarbon
gases, oxygen, nitrogen, hydrogen sulfide and other gas species, including
all natural gas liquids, and/or any other constituents or similar
substances that are produced by drilling an oil or gas well of any
depth into, through and/or below the surface of the earth.
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, non-hydraulic fracturing (including stimulation
by explosives), and/or site restoration associated with an oil or
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. The definition does not include
natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions.
OIL AND GAS WELL SITE
Either individually or together, a deep well site, shallow
well site or any other site associated therewith or with an exploratory
well.
OIL OR GAS WELL
Any reference to an oil or gas well shall mean, either individually
or together, a deep well, shallow well or any exploratory well of
any kind or type.
OPEN SPACE
Public or private land used for recreation, resource protection,
amenity and/or buffers, not including any area of a lot, any part
of an existing or future street right-of-way, easement of access or
areas set aside for public or private utilities, stormwater facilities
and easements.
PARKING AREA
An area utilized to meet the parking requirements of this
Chapter, including the parking aisles that provide access to the parking
spaces, but excluding any streets or driveways that provide access
to the parking lot.
PARKING SPACE
The area required for parking one automobile, nine feet by
18 feet, excluding access or turning area.
PATIO
An area consisting of natural or man-made material which
is constructed at or near grade level and intended for use as an outdoor
living area.
PERMANENT DWELLING
A structure used exclusively as a residence and designed
to permanently occupy a fixed location, as contrasted to a mobile
home. Under this Chapter, a dwelling shall be classified as either
a permanent dwelling or a mobile home, depending on the intention
of its designers at the time it is first constructed, manufactured
or built.
PERSONAL CARE HOME
A facility, licensed by the Department of Public Welfare
for such purposes, which houses and provides twenty-four-hour personal
care services for the elderly, blind, or disabled who are not in need
of hospitalization or skilled nursing care. The manager of said personal
care home shall be a permanent resident on the site.
PERSONAL SERVICES
An establishment providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including, but not limited to, shoe repair, tailoring, clothes
cleaning, watch repairing, barber shops, beauty parlors, tattoo parlors,
body piercing parlors and/or other related activities.
PERSONS
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited-liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided that person does not include
or apply to the municipality or to any department or agency of the
municipality.
[Added 10-19-2022 by Ord.
No. 449]
PHARMACY
An establishment that dispenses drugs by prescription. The
term "pharmacy" may also include the provision of a limited selection
of housewares and foodstuffs.
PLACE OF ASSEMBLY
A structure or area of land that is designed for the assembly
or collection of persons, for civic, political, religious, educational,
or social purposes, and where recreation, amusement, or dining may
occur as accessory activities.
PLACE OF WORSHIP
A structure or area of land where people regularly observe,
practice, or participate in religious or spiritual services, meetings,
and/or activities.
PLANNED BUSINESS AND TECHNOLOGY PARK
A property or group of contiguous properties planned and
developed as a unified whole to provide lots for a variety of businesses
and industrial uses, including some of the following uses: assembly
of products completely within an enclosed building, open space, including
parks and similar noncommercial recreational uses; and businesses,
professional, commercial offices, such as, data storage, telecommunications
facilities, corporate financial institutions, daycare facilities,
engineering facilities, airports and aviation related facilities,
and research laboratories, including biotechnical uses.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this Chapter.
POLE or POLES
Any freestanding structure located within the public rights-of-way,
including but not limited to utility poles, streetlights, traffic
lights and signage that may support, hold, or house wireless communications
facilities, wireless accessory equipment, or related equipment.
[Added 10-19-2022 by Ord.
No. 449]
PORCH
A roofed structure attached to, and forming part of the main
building adjacent to a door providing direct access to the building.
Porches can be screened but cannot have solid or glass walls. Porches
cannot be winterized or plumbed for water supply or sewage. Porches
may encroach up to 10 feet into the setback of the area in which they
are built.
POST OFFICE
An establishment owned and maintained by the United State
Postal Service for the purpose of distributing mail to the public.
PREMANUFACTURED PARTS
Goods or wares made off-premises and brought to a subject
lot or development for further assembly or use.
PRINTER/PUBLISHER
An establishment that provides duplicating services using
photocopy, blueprint, and/or offset printing equipment including collating
of booklets and reports, and/or prints computer-generated goods on
paper or plastic.
PRIOR APPROVED DESIGN
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 10-19-2022 by Ord.
No. 449]
PRIVATE CLUB
An organization of persons who are identified as members,
whether paying or not, which generally meet on a scheduled basis for
the purposes of conducting club activities and where such organization
and activities do not meet the criteria of a social club. The affairs
and management of such club are conducted in accord with bylaws overseen
by a board of directors, executive committee or similar body chosen
by members at an annual meeting. No commercial activities can be conducted
and there can be no overnight accommodations.
PROFESSIONAL ENGINEER (P.E.)
An active, registered professional engineer (P.E.), licensed
as such by the Commonwealth of Pennsylvania.
[Added 10-19-2022 by Ord.
No. 449]
PROFESSIONAL OFFICE
Any office or business conducted by an individual or association
including attorneys, architects, chiropractors, engineers, medical
doctors and dentists who are licensed under the laws of the Commonwealth
of Pennsylvania, but not to include personal services such as barber
shops or beauty shops.
PUBLIC
Public includes any municipally, state and/or federally owned
and/or operated use.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency intended to inform and obtain public comment,
prior to taking action in accordance with this act.
PUBLIC MEETING
A forum held pursuant to notice under the "Sunshine Act,"
65 Pa.C.S.A. § 701 et seq.
[Amended 4-20-2016 by Ord. No. 408]
PUBLIC NOTICE
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and placing of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC/PRIVATE WORKS
The erection, construction, alteration, operation or maintenance
of buildings, power plants, or substations, water treatment plants
or pumping stations, sewage disposal or pumping plants and other similar
public service structures by a utility, whether publicly or privately
owned, or by a municipal or other government agency, including the
furnishing of electrical, gas, communication, water supply, and sewage
disposal services.
PUBLIC RIGHTS-OF-WAY (ROW)
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 a 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 10-19-2022 by Ord.
No. 449]
QUADPLEX
A single structure designed for or occupied exclusively as
residences, where the structure is divided by two common party walls
into four distinct dwelling units where each dwelling unit has direct
access to the outdoors.
RECREATION FACILITY
An establishment open to the public, that normally charges
a fee/admission/donation, whether or not for profit, for the provision
of recreation or entertainment for the general public, including,
but not limited to, amphitheaters, theaters, dance halls, bowling
alleys, billiard and pool halls, video and other coin-operated game
parlors, miniature golf courses, indoor rifle range, indoor archery
range, go-kart tracks and automobile race tracks/speedways and not
including establishments that feature gaming and/or adult-oriented
entertainment.
RELATED EQUIPMENT
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 9-17-2014 by Ord.
No. 402; Amended 10-19-2022 by Ord. No. 449]
RESEARCH AND DEVELOPMENT FACILITY
A structure or group of structures in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
RESTAURANT, NO DRIVE THROUGH
An establishment where food and drink are served to the public
and where all services take place within the building, tableside,
or otherwise.
RESTAURANT, WITH DRIVE THROUGH
An establishment where food and drink are served to the public
and where the design of physical facilities and/or packaging procedures
permit or encourage patrons to order from and/or be served in their
automobiles.
RETAIL BUSINESS/STORE
An establishment located entirely within a building which
sells goods, services or merchandise to the general public for personal,
household, or office consumption and which shall not include wholesaling,
manufacturing or processing of the goods offered for sale.
RIGHT-OF-WAY
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 purpose of this
Chapter, public right-of-way lines shall prevail over private parcel
lines that are designated as falling within the public right-of-way.
When a lot abuts a right-of-way of a public thoroughfare or alley,
all applicable lot area and front, side, and rear lot requirements
shall be computed from the public right-of-way line.
ROADSIDE STAND
A business operated on a lot for the sale of agriculture-
and forestry-related products.
SALVAGE
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles (including tires and other parts therefrom), machinery, equipment,
paper, glass containers and structures. It shall not include, however,
refuse or garbage kept in a proper container for the purpose of prompt
disposal.
SALVAGE YARDS
Any outdoor area where scrap metal, paper, rags, tires, and
other waste and/or used materials are bought, sold, exchanged, stored,
baled, packaged, disassembled or handled; or where inoperable machinery,
motor vehicles or other salvage (as defined above) are collected,
dismantled, stored or sold for parts.
SCHOOL, ACADEMIC
A public, sectarian, or private non-profit establishment
approved by the Commonwealth of Pennsylvania to provide formal academic
and/or vocational education at the kindergarten, elementary, and secondary
levels.
SCHOOL, COMMERCIAL
An academic or non-academic establishment providing non-academic
training, vocational, or trade-related educational courses and/or
programs.
SELF-SERVICE STORAGE FACILITY (MINI-WAREHOUSE)
A structure or group of structures consisting of individual
self-contained units that are less than 500 square feet in size and
are leased or owned for the storage of business and household goods
or contractors supplies.
SENIOR CENTER
A structure that provides recreation, social, or non-invasive
health maintenance services, such as blood pressure screening, to
senior citizens by a professionally trained staff or volunteers.
SERVICE STATIONS
An area of land, including structures, used for the sale
of gasoline or other motor vehicle fuel and oil and other lubricating
substances, sale of motor vehicle accessories which may include associated
facilities for automobile servicing, excluding painting.
SETBACK
The minimum distance that a structure can be located from
a right-of-way or property front, rear and side line or another structure,
thereby creating a required open space on a lot.
SIGN
Any device, fixture, placard, or structure that use any color,
form, graphic, illumination, symbol, or writing to advertise, announce
the purpose of, or identify the purpose of a person or entity, or
to communicate information of any kind to the public.
SIGN AREA
The entire face of a sign including the advertising surface
and any framing, trim or molding, but not including the supporting
structure.
SINGLE-FAMILY ATTACHED DWELLING
A dwelling unit attached to one or more other dwelling units
by common party walls where each individual dwelling unit is accessed
from the exterior of the unit and where each individual dwelling unit
is intended to be occupied by one family.
SINGLE-FAMILY DETACHED DWELLING
A structure containing one dwelling unit which is the only
principal building on the lot and is intended to be occupied by one
family.
SHALLOW WELL
A pierced or bored hole drilled or being drilled into the
ground but above the Marcellus Shale rock formation for the purpose
of, or to be used for, producing, extracting or injecting gas, oil,
petroleum or another liquid related to oil or gas production or storage,
including brine disposal.
SHALLOW WELL SITE
The area occupied by the facilities, structures, materials
and equipment, whether temporary or permanent, necessary for or incidental
to the preparation, construction, drilling, fracturing, production
or operation of a shallow well. This definition also includes any
exploratory wells. If multiple areas are used, then the total combined
areas shall be considered the shallow well site area.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility that meets the following
criteria:
[Added 10-19-2022 by Ord.
No. 449]
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the co-location
of new antenna facilities; and
B.
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
D.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
E.
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
F.
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).
SOCIAL CLUB
An organization of persons with an identified purpose for
providing services and opportunities associated with civic outreach
to all ages of the general public.
SOCIAL SERVICES AGENCY
An establishment providing assistance to those persons requiring
help with legal, counseling, employment, learning or physical disabilities
needs.
SPECIAL EXCEPTION
An authorized use which may be granted only by a Zoning Hearing
Board pursuant to express standards prescribed in this Chapter and
a hearing conducted by a Zoning Hearing Board pursuant to public notice.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus or female breast below a point immediately
above the top of the areolae; or male genitals in a discernibly turgid
state, even if completely and opaquely covered.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennae and other facilities 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 antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 9-17-2014 by Ord.
No. 402]
STORAGE WELL
A well used for and in connection with the underground storage
of natural gas, including injection into or withdrawal from an underground
storage reservoir for monitoring or observation of reservoir pressure.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Structures
include, but are not limited to, buildings, sheds, signs and landfills.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
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 9-17-2014 by Ord.
No. 402; Amended 10-19-2022 by Ord. No. 449]
A.
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;
B.
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;
C.
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
D.
It entails any excavation or deployment outside the current
site of the communications tower; or
E.
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.
TAVERN/BAR
An establishment where the principal use is the serving of
alcoholic beverages by the drink to the general public and where food
or packaged beverages may be served or sold as an accessory use.
TEMPORARY STRUCTURE
A structure intended to be used for a period of one year
or less, including, but not limited to, construction or land sales
trailers, tents, bleachers, air-supported structures, seasonal displays,
and similar structures.
TOWER
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 10-19-2022 by Ord.
No. 449]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 9-17-2014 by Ord.
No. 402]
TOWNHOME
A structure consisting of a series of at least three, but
not more than eight, dwelling units attached to each other by continuous
vertical walls without opening from basement to roof, with each dwelling
unit having separate access to the outdoors and not shared with the
access of other dwelling units.
UNDERGROUND DISTRICT
A zoning district, or subarea thereof, in which utility installations
are required to be installed underground on a nondiscriminatory basis.
[Added 10-19-2022 by Ord.
No. 449]
UNIT
See "dwelling unit."
USE
The purpose of the activity for which the land or structure
thereon is designed, arranged or intended, or for which it is occupied
or maintained. The term "principal use" or "use by right," or its
equivalent, shall not be deemed to include any nonconforming use.
UTILITY
Within the framework of this Chapter, utilities shall include
public water or public sanitary sewer facilities. Public sewerage
facilities are those operated and maintained by the Deer Creek Drainage
Basin Authority and/or Richland Township or its designee. Any future
expansion of the public sewer system must be in keeping with the "Allegheny
County Comprehensive Sewerage Needs Plan" and the Township's "Comprehensive
Plan" Public Water Service by the Municipal Authority of the Borough
of Oakmont, the Hampton Township Municipal Authority and Fawn Frazer
Joint Water Authority. Each Authority operates and maintains the water
system within its respective service areas and is responsible for
future expansion in keeping with the Allegheny Comprehensive Water
System Needs Plan and the Township's Comprehensive Plan.
VARIANCE
A modification of the regulations of this Chapter by the
Zoning Hearing Board to an owner in the use of land or a structure
when a literal enforcement of this Chapter would result in unnecessary
hardship. All variances must be forwarded to the Board of Supervisors
and entered in their official minutes as a matter of public record.
VETERINARY SERVICES
An establishment containing facilities for the medical or
surgical treatment of animals or pets. Use as a kennel shall be limited
to short-time boarding, shall be fully enclosed within a structure
or building, and shall only be incidental to such medical uses.
WAREHOUSE/DISTRIBUTION CENTER
A structure or part thereof used for the housing, storage,
adapting for sale, packaging, or wholesale distribution of goods,
wares, merchandise, food stuff substances, and articles, but excluding
the maintenance or fueling of vehicles.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 9-17-2014 by Ord.
No. 402]
WELL OPERATOR
The person (including any natural person, partnership, association,
company, corporation or entity of any kind or type), and all subcontractors,
and/or agents:
A.
Designated as the well operator on the permit application or
well registration; or
WELL OWNER
A person (including any natural person, partnership, association,
company, corporation or entity of any kind or type), who owns, manages,
leases, controls or possesses an oil or gas well.
WHOLESALE OPERATION
An establishment primarily engaged in selling merchandise
to retailers, institutional, commercial, professional business customers,
or other wholesalers, rather than to the general public; and may include
warehouse(s) and/or distribution center(s) on the site of the principal
business.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 9-17-2014 by Ord.
No. 402]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennae, 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 9-17-2014 by Ord.
No. 402]
WIRELESS SUPPORT STRUCTURE or SUPPORT STRUCTURE
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, approved by the municipality.
[Added 9-17-2014 by Ord.
No. 402; Amended 10-19-2022 by Ord. No. 449]
WOODLAND
An area of wooded land 1/4 acre or more where the smallest
trees measure at least six inches diameter at breast height (dbh)
or 4.5 feet from the ground. The woodland shall be measured from the
dripline of the outer trees; or a grove of trees forming one canopy
where 10 or more trees measure at least 10 inches diameter at breast
height (dbh); or areas otherwise identified by the Township as such
based upon high resolution aerial photography available through Allegheny
County data and/or records.
YARD
The area of a property between property lines and setback
lines, of dimensions as herein noted in this Chapter for each zoning
district, within which enclosed buildings, or structures, or any enclosed
portion thereof, shall not be constructed. Fences and walls may be
permitted in any yard subject to height limitations as indicated herein.
YARD, FRONT
The area of a property extending across the entire width
of the lot between the front building line and the street line.
YARD, REAR
The area of a property extending from the rear of the main
building along the rear lot line (not necessarily a street line) throughout
the entire width of the lot.
YARD, SIDE
The area of a property extending from the side of any building
along the side lot line through the entire depth of the building.
ZONING
The legal, administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings, and the area of ground to be built upon.
ZONING HEARING BOARD
The Board assigned the duties of judging various appeals
of person aggrieved by the interpretation of the terms of this Chapter.
ZONING MAP
The Official Zoning Map or Maps of West Deer Township, which
are part of this Chapter, and all amendments thereto.
ZONING OFFICER
The duly appointed administrative officer designated to administer
this Chapter and issue zoning or building permits.
ZONING PERMIT
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter, or add is approved
and in accordance with the requirements of the terms of this Chapter.