In the interpretation of this Chapter, the provisions and rules
of this Chapter shall be observed and applied, except when the context
clearly requires otherwise.
(1)
Words
in italics throughout this Chapter are defined.
(2)
Words
in the present tense include the future.
(3)
Words
in the singular include the plural and the plural the singular.
(4)
The
word “shall” is intended to be mandatory.
(5)
The
word “Lot” shall include the word “plot”
or “parcel.”
(6)
The
word “person” shall include an individual, firm or corporation.
(7)
A Building or Structure includes any part
thereof.
(8)
The
word “and” indicates that all connected items, conditions,
provisions, or events shall apply.
(9)
The
word “or” indicates that the connected items, conditions,
provisions, or events may apply singly or in any combination.
(10)
The words “either...or” indicates that the connected
items, conditions, provisions, or events may apply singly but not
in any combination.
(11)
The word “Municipality” means the Municipality of Mt. Lebanon, Pennsylvania.
(12)
The word “County” means the County of Allegheny, Pennsylvania.
(13)
Any use of the gender specific words (his, hers, him, her) shall
imply both genders.
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In case of any difference of meaning or implication between
the text of this Chapter and any caption, illustration or table, the
text shall control.
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When used in this Chapter, the following terms shall have the
meanings herein ascribed to them. Where any definition is divided
into classifications or categories of activities or Uses, each classification or category shall be considered a different
activity or Use requiring separate application of the provisions of
this Chapter. No part of any definition shall be varied.
An Accessory Use or Structure is one that:
Is subordinate to and serves a Principal Building or a Principal Use; and
Is subordinate in area, extent and purpose to the Principal
Building or Principal Use served; and
Contributes to the comfort, convenience or necessity of the
occupants, business or industry in the Principal Building or Principal Use served; and
Is located on the same Lot as the Principal
Building or Principal Use served, except
as otherwise expressly authorized by the provisions of this Chapter.
Any Accessory Structure which becomes attached
or connected physically to the Principal Building including but not
limited to a porch, deck, veranda, or other appendage, shall from
and after the time of such connection or attachment be considered
to be a part of the Principal Building and not be considered to be
an Accessory Structure.
Building facades that include windows, Building entrances, and other architectural features that
enhance the pedestrian scale and experience of the Building façade.
For Small Wireless Communications Facilities, any similarly situated infrastructure within a two-hundred-fifty-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
antennae mounted on the tower and any other appurtenances.
The Zoning Officer, or his duly appointed
representative, of the Municipality.
Any place to which the public is permitted or invited, wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are regularly maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by their
emphasis upon matters exhibiting Specified Sexual Activities or Specified Anatomical Areas
A commercial establishment which has a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenue or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
section of its sales or display space for the sale or rental, for
any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, compact discs, slides or
other visual representations, which are distinguished or characterized
by their emphasis upon the exhibition or display of Specified
Sexual Activities or Specified Anatomical Areas;
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the user or others.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear Nude or Semi-Nude; or
Live performances which are distinguished or characterized by
the exposure of Specified Anatomical Areas or by Specified Sexual Activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are distinguished or characterized by the exhibition
or display of Specified Sexual Activities or Specified Anatomical Areas.
See “Day Care Home, Family Adult.”
A Hotel, Motel, or similar commercial establishment,
which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are distinguished or characterized by the exhibition or display
of Specified Sexual Activities or Specified
Anatomical Areas; and has a sign visible from the public
right-of-way which advertises the availability of this adult type
of photographic reproductions; and either:
Offers a sleeping room for rent for a period of time that is
less than 10 hours, or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are distinguished or characterized
by an emphasis upon the exhibition or display of Specified
Anatomical Areas or Specified Sexual Activities.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of Nudity or Semi-Nude, or live
performances which are distinguished or characterized by the exposure
of Specified Anatomical Areas or by Specified
Sexual Activities.
See “Way/Alley/Lane.”
All incidental changes in or replacements to the nonstructural
parts of a Building or other Structure.
See “Specified Anatomical Areas.”
A facility that cares for pet animals for less than 12 consecutive
hours in the absence of the Owner or a facility that
cares for pet animals in training with or without the Owner receiving compensation for such services.
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 as defined below.
A room or suite of rooms used as a single Dwelling
Unit, located in a Building in which there
are one or more such rooms or suites other than a Single-family
Detached Dwelling.
A Landowner or Developer who has filed an Application for Development including
his heirs, successors and assigns.
Every application, whether preliminary, tentative, or final,
required to be filed and approved prior to the start of construction
or development, including, but not limited to, an application for
the approval of a Planned Residential Development Plan, Planned Mixed-use Development Plan, approval
of Subdivision Plat or application for a Building
Permit, Grading Permit or Land Development Application.
A Building Sign projecting beneath the underside
of any structural overhang or passageway, either vehicular or pedestrian.
A registered professional Architect licensed
as such by the Commonwealth of Pennsylvania.
See “Single-family Dwelling, Attached.”
An architectural projection protruding from and supported
by the exterior wall of a Building and composed of
a covering of rigid or non-rigid materials and/or fabric on a supporting
framework that may be either fixed or retractable, including such Structures which may be internally illuminated by fluorescent
or other light sources.
An establishment used primarily for the dispensing, or sale
of alcoholic beverages by the drink for on-site consumption.
That space of a Building that is partly
below Grade which has less than half of its height,
measured from floor to ceiling, above the average established Curb Level or Finished Grade of the ground
adjoining the Building.
An Owner-occupied and operated Dwelling originally designed as a residential Structure where
limited overnight lodging and a breakfast is provided for compensation
to tourist or recreational guests.
A sign oriented perpendicular to the face of the Building usually located on the ground floor façade,
except for businesses located above the ground level with direct exterior
pedestrian access.
A commercial use with a maximum of 4,000 square feet gross
floor area which brews a maximum combined total of 15,000 barrels
per year of ales, beers, meads, and/or similar beverages and which
serves the beverages on site in a tavern or restaurant. Brewpub may
include the shipping of beverages for consumption at other sites,
but only when the location and flow of shipping traffic has adequate
access to streets of classification collector or arterial.
An industrial use which brews ales, beers, meads, and/or
similar beverages and does not serve the beverages on site in a tavern
or restaurant, but which may include a public tasting room. Breweries
are classified as a use which manufactures more than 15,000 barrels
of beverage (all beverages combined) annually. In addition, uses which
manufacture 15,000 barrels of beverage or less, but which do not meet
any requirement applicable to brewpubs (including those set forth
in Section 631), are breweries.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass, or other ground cover material and within which
no Building or Structure shall be
authorized except a wall or Fence which meets Municipal
requirements.
Any Structure designed or intended for the
support, enclosure, shelter or protection of persons, animals, or
property.
See “Accessory Use or Structure.”
A Building in which the main or Principal Use of the Lot is conducted on
which said Building is situated.
The percentage of a Lot Area occupied by
the ground area of Principal or Accessory
Buildings on such Lot, excluding the area
occupied by a Private Swimming Pool.
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, to
the mean height between eaves and ridge for gable, hip and gambrel
roofs. If there are two or more separate roofs on a single Building, the height of such Building shall
be calculated from the highest roof.
A line parallel to the Lot Line, a distance
measured perpendicular there from as prescribed in this Chapter for
a required Yard. Where there is no required Yard then the Lot Line shall be the “Building Line.”
Any sign attached to and deriving its major support from
a Building, including Arcade Sign, Awning Sign, Blade Sign, Canopy Sign, Cornice Sign, Marquee
Sign, Parapet Sign, Plaque Sign, Projecting Sign, roof sign, Snip Sign, Wall Sign, and Window Sign.
A Free Standing Sign listing the names, Uses and location of various services, Offices, or activities within a Building or group of Buildings of:
See “Office/Office Building.”
Any Free Standing Sign designed to announce
the entrance to the Business District.
A permanent shelter, lit in whole or in part, which is constructed
with a rigid frame that cannot be retracted, folded, or collapsed
and whose primary function is to cover and protect users of the Accessory Uses or Structures on a site.
A sign attached to a multisided overhead Structure or architectural projection supported by attachment to a Building on one or more sides and either cantilevered from
such Building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light.
A sign attached to a multi-sided overhead Structure supported by columns, but not enclosed by walls. The surface(s)
and or soffit of a freestanding canopy may be illuminated by means
of internal or external sources of light.
A line formed by the points equidistant from and between
the Right-of-Way lines of a Street.
A fabricated or formed three-dimensional letter that may
accommodate a light source.
Any one or more of the following Uses, when
conducted entirely within a School: recreational
areas and athletic courts, libraries, Public meeting
rooms and community gathering areas.
An area of unobstructed vision at intersections defined by
lines of sight between points at a given distance from the intersection
of Street Center Lines.
The mounting of one or more WCFs, including
antennae, on a pre-existing structure, or modifying a structure for
the purpose of mounting or installing a WCF on that
structure.
Means terms and pricing that are reasonably consistent with
similar wireless facility leases and agreements within a 50 mile radius
of the Municipality.
Any authorized Use referred to in the Commercial Districts.
All trucks, vans, construction equipment and limousines,
bearing commercial license plates and with a gross Vehicle weight, as defined by the manufacturer, that is in excess of four
tons.
The portions of the Building and grounds
to be used jointly by the persons owning or residing within the Building and designated in a Declaration or otherwise as such, including:
The land on which the Building is located and
portions of the Building which are not included in
a unit;
The foundations, structural parts, supports, main walls, roofs, Basements, halls, corridors, lobbies, stairways, and entrances
and exits of the Building;
The Yards, Parking Areas and Driveways;
Portions of the land and Building used exclusively
for the management, operation, or maintenance of the Common
Elements;
Installation of all central services and utilities;
All apparatus and installations existing for common use;
All other elements of the Building necessary
or convenient to its existence, management, operation, maintenance,
and safety or normally in common use.
A parcel or parcels of land or an area of water, or a combination
of land and water within a Planned Residential Development or Planned Mixed-use Development, designed and
intended for the use or enjoyment of residents of such development,
not including Streets, off-street Parking
Areas and areas set aside for Public facilities.
Those facilities intended or required to meet the needs of
the residents or others of a Planned Residential Development or Planned Mixed-use Development, which are not
included within the scope of Common Open Space or Common Elements, including, but not limited
to, Street, storm and sanitary sewers, pedestrian
walkways, off-street Parking Areas and other areas
set aside for Public facilities, none of which have
been accepted by the Municipality.
A Building or Structure and related facilities operated by a community based group or organization
on a nonprofit basis, the primary function of which is the provision
of personal services to individuals, families and groups. Services
may include information, socializing, recreation and counseling, but
shall exclude the provision of sleeping quarters, except for one caretaker Dwelling Unit to be used for security and maintenance purposes.
“Private Community Centers” does not
include centers for the distribution of food, clothing or household
goods, health care facilities, job training centers and sheltered
workshops.
A Building or Structure and related facilities operated by a governmental agency, the primary
function of which is available to the public for civic, cultural,
educational, philanthropic, recreational or social purposes.
See “Garage or Parking Lot, Community.”
A Temporary Sign, either portable or non-portable,
displayed for a limited time, which carries information about a special
event or activity such as an auction, flea market, festival, carnival,
meal, charitable or educational activities, or fund raising event
of interest to the general public.
The Comprehensive Plan prepared in accordance
with the Pennsylvania Municipalities Planning Code as periodically
updated for the Municipality of Mt. Lebanon.
A residential facility, consisting of either a single Building or a group of Buildings, under
common or related ownership, located on a single Lot or on contiguous Lots, without reference to contiguous Streets, containing two or more of the following services for elderly or
disabled persons who are residents of the facility:
See “Lot, Corner.”
A Building Sign attached or inscribed on
a horizontal molded projection, which crowns or finishes the wall
of a Building.
Open space, other than a Yard, unoccupied
except by obstructions permitted in Yards by the
definition of “Yards” in this Chapter,
on the same Lot with a Building,
which is bounded on two or more sides by the walls of such Building.
COURT, INNER:
Any Court other than an outer Court.
COURT, OUTER:
A Court that extends to and opens for its
full width on a Street, a permanent Public open space or a required Yard at least 20 feet
wide.
The elevation of the Street curb as established
by ordinance for each Street within the Municipality.
Any establishment caring for seven or more children or adults
that are not considered Family Day Care Homes or Adult Family Day Care Homes. No Day Care Center shall be established without prior licensing by the Department of
Public Welfare (Section 8-A), the Pennsylvania Department of Labor
and Industry and the Allegheny County Health Department. Every Permit
for a Day Care Center shall be conditioned upon the
licensing, certification or other approval by every Public agency charged with the regulation or supervision of any facet of
the activity of the proposed center.
A program caring for adults for more than three hours per
day per person in which day care is provided in a Family home for four to six adults.
A program caring for children for more than three hours per
day per child in which child day care is provided in a Family home for four to six children.
An uncovered, attached or freestanding, Structure built on supports not directly on Grade.
The instrument by which the Developer submits
his property to the provisions of the Common Ownership Property Regulations
including such amendments as may be enacted thereto.
Any Landowner, agent of such Landowner, or tenant with the permission of such Landowner, who makes or causes to be made, a Subdivision of land or a Land Development.
The provisions for development of a Planned Residential
Development or Planned Mixed-use Development, including a plat of Subdivision, all covenants
relating to Use, location and bulk of Buildings and other Structures, intensity of Use or density of development, Streets/Ways/Alleys/Lanes, and Parking Facilities, Common Open Space and Public Facilities. The phrase “provisions
of the Development Plan” when used in this
act shall mean the written and graphic materials referred to in this
definition.
Network of spatially separated Antenna sites
connected to a common source that provides wireless service within
a geographic area or structure.
Any Free Standing Sign carrying the same
message on two faces, only one of which is visible from any ground
position, the faces of which are not separated by more than 18 inches.
The Principal or Accessory Use, which by design of physical facilities or by service or packaging
procedures, encourages or permits customers to receive a service or
obtain a product directly while remaining in a Motor Vehicle and may include drive-in outdoor theaters, fast food establishments,
banks and similar Uses.
An Impervious Surface for vehicular access
to a Building, Garage, Parking
Facility, or other vehicular facility, Lot or parcel of land.
Any Building or Structure, or part thereof, used and occupied for human habitation, or intended
to be so used, and includes any appurtenances belonging thereto. .
Single-family Dwelling, Detached: a Dwelling
designed for and occupied by not more than one Family and surrounded
by open space or Yards and having no roof, wall or
floor in common with any other Dwelling Unit.
SINGLE-FAMILY DWELLING, ATTACHED:
A row of two or more adjoining Dwelling Units each on their own Lot, each of which is separated from the others
by one or more un-pierced walls extending from ground to roof.
TWO-FAMILY DWELLING:
A Dwelling designed for and occupied by
not more than two families in separate Dwelling Unit, 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 wall to exterior wall.
TOWNHOUSE DWELLING:
A One Family Dwelling Unit that is part
of a Townhouse Unit and has a separate entrance and
a minimum width of 20 feet center to center of party walls.
MULTI-FAMILY DWELLING:
A Dwelling designed for or occupied by more
than two families.
MULTI-FAMILY, MULTI-STORY DWELLING:
A Multi-family Dwelling Unit Building having
at least three Stories, but not exceeding the height
limitation for the District in which the Building is located.
One room, or a group of rooms joined to each other, located
in a Dwelling, designed, and maintained as a unified
living quarter, occupied by a Family, containing
integrated facilities used for living, sleeping, cooking, eating and
sanitation. Dwelling Units must contain at least
one room with a minimum area of 500 square feet, with a minimum horizontal
dimension of 10 feet.
The maximum number of Dwelling Units authorized
per acre.
Authorization by a property Owner for the
use by another, and for a specified purpose, of any designated part
of his property.
A dwelling unit consisting of not more than one habitable
room together with a kitchen or kitchenette and sanitary facilities.
An application for modification of an existing wireless communications
facility or base station that involves – (A) collocation of
new transmission equipment; (B) removal of transmission equipment;
or (C) replacement of transmission equipment.
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 rights-of-way to be unusable
and result in loss of the services provided.
A Registered Professional Engineer licensed
as such by the Commonwealth of Pennsylvania.
An addition to the floor area of an existing Building, an increase in size of another Structure, or an
increase in that portion of a tract of land occupied by an existing
Use.
A person who, for consideration, and for another person,
agrees or offers:
A person or business association that for a fee, tip or other
consideration, furnishes, offers to furnish, or advertises to furnish, Escorts as one of its primary business purposes.
The erection, construction, alteration or maintenance by Public utilities or any governmental department or commission
of underground or overhead gas, electrical telecommunications or Public Water Distribution System, including poles, wires,
drains, sewers, pipes, conduits, cables, towers, fire alarm boxes,
police call boxes, traffic signals, hydrants 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, safety or general welfare. This definition expressly
excludes power generation facilities or sites for the disposal of
waste materials associated with the provision of such services.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a Dwelling
Unit as a single housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
providing organization and stability. The occupants must share the
entire Dwelling Unit and live and cook together as
a single housekeeping unit. A unit in which the various occupants
act as separate roomers may not be deemed to be occupied by the functional
equivalent of a traditional family:
The group shares expenses for food, rent or ownership costs,
utilities, and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local School;
Members of the household having the same address for the purposes
of voter registration, driver’s license, Motor Vehicle registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current Dwelling Unit or other Dwelling Units;
Common ownership of the furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group
is the functional equivalent of a Family.
A fraternity or sorority will not be considered the functional
equivalent of a Family.
See “Day Care Home, Family.”
Federal Communications Commission.
A barrier constructed of materials other than evergreen shrubbery
erected for the purpose of protection, confinement, enclosure, or
privacy. The term “Fence” shall include
screening walls and shall also include Hedges exceeding
30 inches in height.
Any act by which earth, sand, gravel, rock, or any other
material is placed, pushed, dumped, pulled, transported or moved to
a new location above the natural surface of the ground or on top of
the stripped surface, including the conditions resulting there from;
the difference in elevation between a point on the original ground
and a designated point of higher elevation on the Finished
Grade; the material used to make a Fill.
See Grade, Finished.
The elevation of the Building where the
primary entry to the Building is located.
Any display of fabric without frame which moves with the
movement of the wind and which advertises no product, service, or
entertainment. This shall be deemed to include a Flag or insignia of the United States, the Commonwealth of Pennsylvania,
Allegheny County, or the Municipality of Mt. Lebanon.
General or temporary condition of partial or complete inundation
of normally dry land areas caused by overflow of inland or tidal waters
or the rapid accumulation or runoff of surface waters from any source.
A Flood that, on the average, is likely
to occur once every 100 years (i.e. that has a 1%
chance of occurring each year, although the Flood may occur in any year).
Any combination of structural and nonstructural additions,
changes, or adjustments to Structures which reduce
or eliminate Flood damage to real estate or improved
real property, water and sanitary facilities, Structures, and their contents.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source, identified by the Federal Insurance
Administration in the Flood Hazard Boundary Map of June 30, 1976,
and its updates.
The sum of the gross horizontal areas of the several floors
of a Building, measured from the interior face of
exterior walls or interior face of common walls. The Floor
Area of a Building shall include Basement floor area.
The Floor Area of a Building, but excluding stairwells and elevator shafts at each floor; floors
or parts of floors devoted exclusively to vehicular parking or loading;
and all floors below the first or ground floor except when used for
or intended to be used for service to the public as customers, patrons,
clients, patients or tenants.
Any Sign supported by upright structural members on or by
supports on or in the ground, not attached to any Building, including Bulletin Board Sign, Business
District Identification Sign, Post and Panel Sign, Outdoor Advertising Sign, Pole Sign, Pylon Sign, and Double Faced Sign.
See Lot Line, Front.
See Yard, Front.
A Building or portion thereof completely
enclosed, designed and/or used for storage or servicing of Vehicle, but not including automobile sales.
A Garage or Parking Lot which is ancillary to a Principal Use not situated
on the same parcel as such Garage or lot, which is
not operated as a separate commercial enterprise available to the
public at large.
A Garage or Parking Lot used exclusively for the parking and storage of Vehicles owned or operated by residents of nearby Dwelling Units and their guests, which is not operated as a commercial enterprise
available to the public at large and which is owned or operated cooperatively
by such residents, the Owners of the property or
the Municipality.
A Garage or Parking Lot owned or operated by the Municipality of Mt. Lebanon
or other governmental entity and used primarily for the parking and
storage of Vehicles owned by the general public.
A Building, or portion thereof, other than
a municipal, Private or community Garage used primarily for the parking and storage of Vehicles
An Impervious Surface area constructed to
permit a drop off at a Dwelling entrance or a Vehicle turn-around area. Vehicular ingress and egress from
the Street to the Lot shall be at
no more than two points, one point of which may be a Driveway provided, however, in no event shall more than two curb cuts per Lot on any one Street be authorized.
The resulting level of the ground after the final grading
where there is a cut, and after normal settlement where there is Fill.
Any display of fabric, which moves with the movement of wind
and which does not advertise a product, service, or entertainment.
A recreation facility which has as its principal use areas
for aerobic and fitness exercising, including a running or jogging
track, gymnasium, swimming pool, exercise equipment or game courts
and which may offer other related services including but not limited
to fitness classes, steam rooms, saunas, showers, lockers, food and
juice bar and childcare for patrons during use of the facility. Medical
facilities or medical clinics shall not be permitted as an Accessory Use.
A row of deciduous bushes or small deciduous trees planted
closely together for the purpose of protection, confinement, enclosure,
or privacy.
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.
A facility which provides services designed to assist elderly
or disabled persons, including services such as a wellness center,
therapeutic pool, geriatric assessment, rehabilitation, home health
care, meals on wheels, and transportation services.
See No-Impact Home-Based Business.
One main Building, or portion thereof, in
which terminally ill persons live in order to receive appropriate
Medicare-certified Hospice services.
An institution providing primary health services and medical
or surgical care to person, including inpatients, suffering from illness,
disease, injury, deformity, and other abnormal physical or mental
conditions and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities, training
facilities and medical offices.
A facility offering transient lodging accommodations to the
general public, some of which may be occupied for extended periods
of time and providing additional services such as Restaurants, meeting rooms and recreational facilities.
Multi-family or Multi-family, Multi-Story Dwelling designed for and occupied
by persons 62 years of age or older and conforming to all requirements
of State and Federal laws and regulations pertaining to Housing
for the Elderly.
Any combination of pavement consisting of: 1) poured concrete
to a depth of at least four inches; 2) Bituminous Pavement placed
when hot to a depth of at least 2½ inches on a base at least
five inches thick; 3) Vitrified Brick, Concrete Brick, Vitrified Tile
or any other type of hard dimensioned material laid on a base at least
five inches thick with joints between the units of no more than three-eighth
of an inch; 4) Terrazzo placed on a concrete base of a depth of at
least (4) inches thick, and 5) Precast Concrete.
Any sign, Pennant, valance, or advertising
display intended to be displayed for a limited period of time, including Flag, Pennant, Temporary Sign, Temporary Exterior Sign, Temporary Interior
Sign, Portable Sign, Sandwich Sign, and Vehicle Mounted Sign.
A facility designed to provide individual Dwelling
Units for elderly persons who are independently mobile and
not in need of supervision, but which includes certain design features
associated with the needs of the elderly which are not customary in
the construction of conventional Dwelling Units,
such as emergency call systems, common dining facilities, common laundry
facilities, minimal housekeeping services, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
The Development of new housing or other Buildings on scattered vacant sites in a built-up area within
the same zoning district. A teardown or demolition of an existing Building(s) and a new Building(s) on the
same site shall be considered Infill Development.
A Public or Private charitable
establishment devoted to the shelter, maintenance, or education and
care of minor children; homeless, aged or infirm persons; or members
of a religious community. This definition shall not include almshouses,
penal or reformatory foundations and Nursing Homes.
A Sign conveying instructions or directions with respect
to the use of the Premises or a portion of the Premises on which it is maintained or a use or practice
being conducted on the Premises; or directional,
informational, or public service signs such as those advertising availability
of rest rooms, conveniences, and Street address numbers.
A sign that is intended to be viewed only by persons located
on the property upon which the Sign is located, and which Sign is
further defined by the following requirements:
The Sign is one sided, and faces the middle of the property;
and
The Sign must be subordinate to, compatible with, and an Accessory
Use to the Principal use of the property upon which it is located;
and
The Sign is not completely interior to a Building or
Structure; such an interior Sign is not subject to the requirements
applicable to Internal Signs.
Any vehicle that cannot be driven upon the public streets
for reason including but not limited to being unlicensed, in a state
of disrepair, having expired registration or inspection.
Any of the following activities:
The improvement of one Lot or two or more contiguous Lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or non-residential Buildings, whether proposed initially or cumulatively, or
a single non-residential Building on a Lot or Lots regardless of the number of occupants or
tenure; or
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.
A Subdivision of land.
Development in accordance with section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
The legal or beneficial Owner or Owners of land including the holder of an option or contract
to purchase (whether or not such option or contract is subject to
any condition), a lessee if he is authorized under the lease to exercise
the rights of the Landowner, or other person having
a proprietary interest in land.
A registered professional Landscape Architect licensed as such by the Commonwealth of Pennsylvania.
An unobstructed, hard-surfaced area, no part of which is
located in any Street or Public Right-of-Way and the Principal Use of which is for the standing,
loading, or unloading of trucks and trailers.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit. Every Lot shall have access
in accordance with the provisions this Chapter.
The total area within the boundary lines of a single Lot but not including any portion of a dedicated Street Right-of-Way.
That portion of the Lot Area required by
the applicable provisions of this Chapter for each Dwelling
Unit located on a Lot.
A Lot abutting two intersecting Streets, where the interior angle of intersection does not
exceed 135°. The Yards adjacent to both Public and Private Streets shall be considered Front Yards when determining appropriate setbacks.
The percentage of a Lot Area occupied by
the ground area of Principal or Accessory
Buildings, Driveways, Decks, and other impermeable materials on such Lot and
excluding Private Swimming Pools.
The mean horizontal distance between the Front and the Rear Lot Lines.
A Lot other than a Corner Lot.
The line abutting the Street; in case of Lots abutting more than one Street in R-1,
R-2 and R-3 Districts only, a choice of either Street is optional with the owner. Before a Lot can be
considered to abut a Street, it must have at least
15 feet of frontage on said Street as set forth in
Diagram 1 of this Chapter.
That Lot Line which is parallel to and most
distant from the Front Lot.
Provided, however, that in the case of an irregular or triangular
shape Lot, a line 20 feet in length, entirely within
the Lot, parallel to, and at the maximum possible
distance from, the Front Lot Line shall be considered
to be the Rear Lot Line.
Any Lot Line other than a Front or Rear Lot Line.
The lines bounding a Lot.
The smallest Lot on which a particular Use or Structure may be located in a particular
district.
A parcel of land that is a Lot in a Subdivision recorded on the records of the Municipality of Mt. Lebanon or that is described by a metes and bounds description
which has been so recorded.
An Interior Lot, the front line and rear
line of which abut upon Streets.
The horizontal distance between Side Lot Lines measured at the required Front Yard setback line;
provided, however, that Lot Width measured along
the Front Lot Line shall not be less than 80% of
the required minimum Lot Width.
A Building Sign attached to a covered Structure projecting from or extended from a Building facade when such Canopy or covered Structure is supported by the Building, including signs mounted
on a cantilever where there is no other structural purpose for the
cantilever.
An Office or facility for the examination
and treatment of ill and afflicted human outpatients including doctor
and dental Offices and clinics provided that patients
are not kept overnight except under emergency conditions. The term Medical Facility includes a Methadone Treatment
Facility.
Marijuana for certified medical use as set forth in Pennsylvania
Act 16 of 2016.
The use of the premises by a person, including a natural
person, corporation, partnership, association, trust, or other entity,
or any combination thereof, holding a permit from the Commonwealth
of Pennsylvania Department of Health, to grow and/or process Medical Marijuana, with all growing and processing activity
to be conducted indoors.
Use of the premises by a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, holding
a permit from the Commonwealth of Pennsylvania Department of Health,
to dispense medical marijuana.
A facility licensed by the County Department of Health to
use the drug methadone in the treatment, maintenance, or detoxification
of persons.
See Lot, Minimum Area.
A development or redevelopment that allows for more dense
development in a single Building or on a single Lot and includes a mixture of Uses including,
but not limited to, two of the following: residential and commercial.
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. A Mobile Home shall be authorized
only in a Mobile Home Park.
A plat of land for placement of a single mobile home within
a Mobile Home Park.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more Mobile
Home Lots for the placement thereon of Mobile Homes.
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.
A Building or group of Buildings in which lodging is provided for compensation for primarily automobile
transients and which has individual entrances from the outside of
the Building for at least 25% of the Building or rooming units located therein.
See “Dwelling, Multi-family.”
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L.382, No.164), known as the “Municipality Authorities Act of 1945.”
A Structure or Lot owned
or operated by the Municipality of Mt. Lebanon or
Medical/Rescue Team South Authority.
See Garage or Parking Lot, Municipal.
A parcel or Lot intended primarily for beautification
and aesthetic improvement of the Municipality, generally
or for recreational purposes or both.
Mt. Lebanon, PA.
An institution, Building, room or specified
indoor or outdoor area for preserving, exhibiting, demonstrating,
or interpreting art, history, culture or nature or scientific objects
or ideas.
A condition of property in which it is substantially retained
in the condition which exists at the time of submission of any Development Plan provided, however, that any clearing, grubbing,
planting, grading and Filling within the area to
be retained in its Natural State shall be approved
by the Municipality and shall only be authorized
if the Municipality shall determine that the work
would improve the buffering characteristics of the area to be retained
in its Natural State.
A Free Standing Sign designed to announce
the entrance to a residential neighborhood.
A business or commercial activity administered or conducted
as an Accessory Use which is clearly secondary to
the Use as a residential Dwelling and which involves no customer, client, or patient traffic, whether
vehicular or pedestrian, pickup, delivery or removal functions to
or from the Premises, in excess of those normally
associated with Residential Use. The business or
commercial activity must satisfy the following requirements:
The business activity shall be compatible with the Residential Use of the property and surrounding Residential Uses.
The business shall employ no employees other than Family members residing in the Dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking 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, which 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 350 square feet of
the Floor Area of the Dwelling Unit.
The business may not involve any illegal activity.
The business activity must be conducted within the principal Structure.
A Structure or part of a Structure manifestly not designed to comply with the applicable Use or extent of Use provisions in this chapter or
amendment heretofore or hereafter enacted, where such Structure lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such Nonconforming Structures include, but are not limited to, Nonconforming Signs.
A Lot, the area or dimension of which was
lawful prior to the adoption or amendment of this chapter, but which
fails to conform to the requirements of the zoning district in which
it is located by reasons of such adoption or amendment.
A Use, whether of land or of Structure, which does not comply with the applicable Use provisions in this
chapter or amendment heretofore or hereafter enacted, where such Use was lawfully in existence prior to the enactment of
this chapter or amendment, or prior to the application of this chapter
or amendment to its location by reason of annexation.
Any Sign lawfully existing on the effective date of this
Chapter, or any amendment to it rendering the Sign nonconforming,
which does not comply with all of the standards and regulations of
this Chapter or any amendment hereto.
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.
The showing of the human male or female genitals, pubic area,
vulva, anus, or anal cleft with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque covering
of any part of the nipple, or the showing of the male genitals in
a discernibly turgid state.
A place providing or designed to provide daytime care or
instruction for three or more children from two to five years of age
away from their home for up to three hours per day, whether or not
for compensation or reward.
An establishment licensed as a Nursing Home by the Commonwealth of Pennsylvania which provides full-time convalescent
or chronic care, or both, for three or more individuals who are not
related by blood or marriage to the operator and who, by reason of
advanced age, chronic illness or infirmity, are unable to care for
themselves. No care for the acutely ill or surgical or obstetrical
services shall be provided in such an establishment. A Hospital shall not be construed to be included in this definition.
A Building designed and primarily used for Office purposes, no part of which is used for manufacturing
or a Dwelling other than sleeping quarters for a
watchman or custodian.
Any Free Standing Sign on which is portrayed
information which directs attention to a business or service not necessarily
related to the other Uses existing or permitted on
the Lot upon which the sign is located.
Storage of any materials, merchandise, stock, supplies, machines
and the like that are not kept in a Structure having
at least four walls and a roof, regardless of how long such materials
are kept on the Premises. Outdoor Storage shall not include junk and salvage yards, auto wrecking yards or
the like.
Includes the holder of legal title as well as holders of
any equitable interest, such as trust beneficiaries, contract purchasers,
option holders, lessees under leases having an unexpired term of at
least 10 years, and the like. Whenever a statement of ownership is
required by this Chapter, full disclosure of all legal and equitable
interests in the property is required.
A Building Sign attached to a wall above
the roofline or above any balcony line.
A parcel of ground intended primarily for beautification
and aesthetic improvement of the Municipality generally
or for recreational purposes or both.
An open or completely enclosed area with an Impervious
Surface for the storage of one automobile accessible from
a Public Street or Way/Alley/Lane by a Driveway.
A Garage, Parking Area,
turn-around or maneuvering area that is accessible from a Public Street or Way/Alley/Lane by a Driveway.
Any land area used or intended to be used for the temporary
parking of three or more licensed Vehicle or the
portion of a Vehicle sales operation utilized for
the display of Vehicles or customer parking.
A space for the temporary parking of a Motor Vehicle within a Public or Private Parking Area or Lot accessible from a Public Way/Alley/Lane.
An area of ground paved with stone, asphalt, concrete, planks
with or without joists, brick, flagstone, concrete blocks, or similar
materials capable of bearing pedestrian travel, including wheelchairs,
where the top surface of the paving is substantially at the Finished Grade of the adjoining ground on all sides
Any display of fabric which moves with the movement of the
wind and which advertises a product, a service, or an entertainment.
A Structure located above the uppermost Story of a Building which is not in excess
of 14 feet in height and which contains an area not in excess of 50%
of the total area of the floor below.
A facility licensed as a Personal Care Home for Adults by the Commonwealth of Pennsylvania.
A Temporary Sign which conveys a (i) political
message, (ii) religious message, (iii) a personal message, or (iv)
message that directs attention to a candidate or candidates for Public office, a political party or a ballot issue.
Services provided to residents of a Continuing Care
Facility, located within a Principal Building, such as beauty shop, barbershop, gift shop, pharmacy, bank, and
laundry and cleaning services and facilities.
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.
A church, synagogue, temple, mosque, or other Building used exclusively for public religious worship, including customary,
incidental, educational, and social activities in conjunction therewith.
An area of land, controlled by a Landowner, or to be developed as a single entity for a variety of Uses, including a combination of residential and non-residential Uses, which are complementary to one another, the Development Plan for which does not correspond in Lot size, bulk, type of Structure, or Use, density, or intensity, Lot Coverage and required Open Space to the regulations under the provisions
of this Chapter.
An area of land, controlled by a Landowner, to be developed as a single entity for a number of Dwelling
Units, 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
under the provisions of this Chapter.
The Municipal Planning Board.
A Building Sign consisting of flat plate
or tablet intended only for orientation use for Building or occupant notification, and containing only the name of the resident,
title of person practicing or profession, name of Building or name of agent.
The copy of the final plat, which contains the required original
endorsements and which is recorded with the Allegheny County Recorder
of Deeds.
A Temporary Sign, which directs attention
to a candidate or candidates for Public office, a
political party or a ballot issue.
Any Free Standing Sign other than a Pole Sign which is supported by two posts placed in the
ground, not exceeding eight feet in total height from the most adjacent
ground surface, and not attached to any Building,
including any object placed on the ground in any manner advertising
a particular enterprise or parcel.
Any Free Standing Sign greater than eight
feet in height. Pole Signs may be supported by a
single pole Structure, or by two or more uprights
or braces placed in the ground.
Any Temporary Sign, which by its description
or nature may be or is intended to be moved from one location to another.
A Lot, plot or parcel of land, together
with the Buildings and Structures thereon. When used in the context of Sexually Oriented Businesses, Premises means the Building in
which a Sexually Oriented Business is conducted as
well as its surrounding Yard and Parking
Areas and any additional Parking Areas required
for compliance with this Chapter.
A principal or dominant Use of a Lot.
Of, or pertaining to, any Building, Structure, Use, or activity owned or operated
by a non-public entity.
A social organization whose Premises are
restricted to its members and their guests. This definition shall
not be construed to include Premises where Sexually Oriented Business occurs.
Is a sign that conforms to the following:
Each sign shall not display animated messages, including flashing,
blinking, fading, rolling, shading, dissolving, or any other effect
that gives the appearance of movement.
Each sign shall not include any audio message.
Each sign message shall not be displayed for a period of time
less than 45 seconds.
Transition from one message to another message shall appear
instantaneous as perceived by the human eye.
Each sign message shall be complete in itself and shall not
continue on a subsequent sign message.
Signs shall utilize automatic dimming technology to adjust the
brightness of the sign relative to ambient light.
Programmable electronic signs shall be located in a manner that
the Zoning Officer determines based on reasonable
evidence will not adversely interfere with the visibility or functioning
of traffic signals and traffic signage, taking into consideration
the physical elements of the sign and the surrounding area, such as
information and analyzing physical obstruction issues, line of sight
issues, brightness issues and visual obstruction or impairment issues,
but not including the message content on the sign.
Programmable electronic signs may display only (i) on-site messages
or (ii) Community Special Event messages if the sign owner is a sponsor
or co-sponsor of the special event.
Programmable electronic signs shall not be illuminated between
the hours of 10:00 p.m. and 6:00 a.m.
A Building Sign, which extends in excess
of eight inches beyond any vertical surface of the Building that supports it.
A board of natural individuals who are residents of the Commonwealth
of Pennsylvania, who need not be Owners of property,
and which shall maintain, own, or manage the Common Elements, open space and service facilities on behalf of the property Owners in compliance with applicable provisions of the Mt.
Lebanon Code.
Of, or pertaining to, any Building, Structure, Use, or activity owned or operated
by any duly authorized state, county or local governmental entity.
Common greens, parks, woodlands, meadows, and other areas
in a naturalized state generally available to the public.
Uses operated by a Public or semi-Public body such as Schools, Public libraries, Public safety Buildings, Museums, Public meeting halls and Community Centers. This definition
shall not include Hospitals and Continuing
Care Facilities.
The term Public Notice shall be as defined
in the Pennsylvania Municipalities Planning Code, as amended.
Land or a Building or Structure and its equipment erected and used for the purpose of facilitating
service to the public, excluding off-street loading facilities for
public conveyances.
A Structure, owned and operated by a Public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support
overhead electricity transmission lines.
Any Free Standing Sign with a Sign
Face having a vertical dimension in excess of its horizontal
dimension. Typically, pylon signs are used to achieve a greater height
to width ratio.
See Lot Line, Rear.
See Yard, Rear.
Open space for active and passive recreation.
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.
The 100-Year Flood elevation plus a freeboard
safety factor of 1½ feet.
An establishment where food is prepared and available to
the general public for a determined compensation, seating is provided
primarily for consumption within a Structure on the Premises and where the consumption of food in Motor
Vehicles on the Premises is neither encouraged
nor permitted. This definition shall not include mobile food vendors.
The sale, provision of service or on the Premises incidental production or assembly of general merchandise to the
general public for direct use or consumption, but not including the
sale to another business for resale purposes. This shall include carryout Restaurants and the like with six or fewer seats.
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.
A Building Sign erected above the finished
roof level of a Building and attached to the roof Structure.
A temporary, exterior, portable, Free Standing Sign.
Any Public, Private or
parochial place of instruction, not including institutions of higher
learning, having regular sessions, with regularly employed instructors,
which teaches those academic subjects that are fundamental and essential
in general education and which provide pre-primary and/or kindergarten
through twelfth grade, or a vocational School, all
meeting the requirements of the Department of Education of the Commonwealth
of Pennsylvania, but excluding any privately operated School of trades, vocations, avocations or business.
A building or group of buildings divided into individual
separate access units, which are rented or leased for the storage
of personal and small business property.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast, exhibited by a
dress, blouse, skirt, leotard, bathing suit, or other wearing apparel,
provided the areola is not exposed in whole or in part.
A commercial establishment which regularly features a person
(or persons) who appears Nude or Semi-Nude and is provided to be observed, sketched, drawn, painted, sculptured,
or photographed by other persons who pay money or any form of consideration,
but shall not include a proprietary School licensed
by the Commonwealth of Pennsylvania or a college, junior college,
or university supported entirely or in part by Public taxation; a Private college or university which
maintains and operates educational programs in which credits are transferable
to a college, junior college, or university supported entirely or
partly by taxation.
A business or commercial establishment, that as one of its
principal business purposes, offers for any form of consideration,
a place where two or more persons may congregate, associate, or consort
for the purpose of Specified Sexual Activities. The
definition of sexual encounter establishment or any Sexually
Oriented Business shall not include an establishment where
a medical practitioner, psychologist, psychiatrist, or similar professional
person licensed by the state engages in medically approved and recognized
sexual therapy.
Books, magazines, pamphlets, pictures, drawings, photographs,
video tapes, digital video disks, motion picture films or sound recordings,
or printed, visual and audio material of any kind, which are characterized
by their emphasis on the description or depiction of Specified
Anatomical Areas or Specified Sexual Activities.
An Adult Arcade, Adult Bookstore, Adult Novelty Store,
Adult Video Store, Adult Cabaret, Adult Motel, Adult Motion Picture
Theater, Adult Theater, Escort Agency, Semi-Nude Model Studio, or Sexual Encounter Center.
All Sexually Oriented Toys and Novelties and Sexually Oriented Books and Videos.
Instruments, devices or paraphernalia either designed as
representations of human genital organs or female breasts, or designed
or marketed primarily for use to stimulate human genital organs, except
medical devices approved by the Food and Drug Administration.
See Lot Line, Side.
See Yard, Side.
As defined in §823.6 of this Chapter.
Letters, numerals, figures, symbols, logos, and Graphic
Elements comprising the content of message of a sign, exclusive
of numerals identifying Street address only.
The surface upon, against or through which the Sign
Copy is displayed or illustrated, not including structural
supports, architectural features of a Building or
sign Structure, non-structural or decorative trim,
or any areas that are separated from the background surface upon which
the Sign Copy is displayed by a distinct delineation,
such as a reveal or border.
See Dwelling, Single-family Attached.
See Dwelling, Single-family Detached.
A plan meeting the requirements of §1003.5 of this Chapter.
The face of an embankment, Fill, or cut
sections; any ground whose surface makes an angle with the plane of
the horizon. Slope is expressed as a percentage,
based upon the vertical difference in feet per 100 feet of horizontal
distance.
A wireless communications facility that meets the following
criteria:
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; and
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).
Any Sign nailed or otherwise attached to any object, tree, Building or Structure advertising any business
commodity, service, facility, or entertainment sold or offered elsewhere
than upon the same Lot where the sign is located.
Any of the following:
The fondling of another person’s genitals, pubic region,
anus, or female breast;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
Excretory functions as part of, or in connection with, any of
the activities set forth in any of the above.
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.
See Outdoor Storage.
That portion of a Building, including a Basement, between the surface of any floor and the surface
of the floor next above; also, any portion of a Building used for human occupancy between the topmost floor and the roof.
A half Story shall include that part of a Building between a pitched roof and the uppermost full Story, having a ceiling height of seven feet or more for
not exceeding one-half the Floor Area of such full Story. For purposes of Side Yard determination,
a Basement shall be counted as a half-Story.
Includes a Street, avenue, boulevard, road,
highway, freeway, parkway, lane, Alley, viaduct,
and any other ways used or intended to be used by vehicular traffic
or pedestrians whether Public or Private.
The length along the Right-of-Way line of
any Public Street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. See also Building, Principal and Building,
Accessory.
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.
The division or re-division of a Lot, tract,
or parcel of land by any means into two or more Lots, tracts, parcels or other division of land including changes in
existing Lot Lines for the purpose, whether immediate
or future of lease, transfer of ownership, Building or Lot development; the division or allocation
of land or space between or among two or more existing or prospective
occupants by means of or for the purpose of Streets, common areas, leaseholds, Building groups or other
features.
Chapter 16 of the Mt. Lebanon Code.
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:
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 of 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.
Any Structure that contains water over 24
inches (610 mm) in depth and which is used or intended to be used
for swimming or recreational bathing in connection with an occupancy
in Use Group R-3 as defined in the Mt. Lebanon Building
Code, and which is available only to the Family and
guests of the householder. This includes in-ground, above-ground and
on-ground swimming pools, hot tubs and spas.
Any Swimming Pool other than a Private Swimming Pool.
A business selling food and alcoholic beverages for consumption
on the Premises and duly licensed by the Commonwealth
of Pennsylvania.
A level plane or surfaced Patio or Deck, directly adjacent to a Principal Building at or within three feet of Grade and not covered
by any permanent Structure.
Any Sign not permanently attached to a Structure or the ground that can be easily transported to any location.
A sign which offers Premises for sale, rent
or development, or advertises the services of professionals or building
trades during construction or Alteration of the Premises upon which the sign is located.
A Sign whose intended use is to promote products or services
of special Interest, reduced prices or notification to the public
and which is being erected or affixed primarily to attract the public
outside the Building.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting Wireless service.
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 WCF.
A collection of three or more Townhouse Dwellings that are connected by a horizontal party wall all part of a single Building or Structure.
An area of land developed for a compatible mixture of residential
units for various income levels and non-residential commercial and
workplace Uses, including some Structures that provide for a mix of Uses within the same Building. Residences, shops, Offices, workplaces, Public Buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional Neighborhood Development is relatively compact,
limited in size and oriented toward pedestrian activity. It has an
identifiable center and a discernible edge. The center of the neighborhood
is in the form of a Public park, commons, plaza,
square or prominent intersection of two or more major Streets. Generally, there is a hierarchy of Streets laid
out in a rectilinear or grid pattern of interconnecting Streets and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and Vehicles equally.
A location where light rail or other mass transit vehicles
stop to load or unload passengers. For purposes of measuring, the
Transit Station consists of the station platform.
See Dwelling, Two-family.
Any purpose for which a Building or other Structure or a tract of land is designed, arranged, intended,
maintained, or occupied, or any activity, occupation, business or
operation carried on in a Building or other Structure on a tract of land.
CONDITIONAL USE:
An authorized use which may be granted only by the Commission
subject to requirements as set forth in this Chapter.
SPECIAL EXCEPTION:
An authorized use, which may be granted only by the Zoning Hearing Board subject to requirements as set forth
in this chapter.
USE BY RIGHT:
A Use authorized as a Use by Right within the zoning district provisions of this Chapter.
The authorization, which may be granted only by the Zoning Hearing Board for certain deviations from the requirements
of this chapter.
An Area Variance is a Variance of any provision of this Chapter relating to Yard, bulk and space regulations, setbacks and sign requirements relating
to size, height and setbacks; provided, however, that no Variance which would allow more than one Dwelling Unit in
addition to the number that would be permitted by a strict application
of such provisions shall be considered an Area Variance.
A Use Variance is a Variance of any provision of this Chapter relating to Uses of land or Structures which may be permitted or
conditionally permitted in any district established by this Chapter
and includes any Variance of any provision of this
Chapter which would permit, on any Lot or parcel,
more than one Dwelling Unit in addition to the number
that would be permitted by a strict application of such provisions.
A veneer of vegetation that completely covers an otherwise
conventional flat or pitched roof, giving the roof hydrologic characteristics
that more closely match open space than Impervious Surfaces. Any Vegetated Roof must adhere to current ASTM
standards and guidelines for the design of green roofs.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a Street, excepting
tractors, agricultural machinery, devices moved by human power or
used upon stationary rails or tracks.
MOTOR VEHICLE:
Any Vehicle licensed as a passenger Vehicle and under 5,000 pounds delivered weight.
OTHER VEHICLE:
Including, but not limited to, recreational Vehicle; motor home with a maximum length of 30 feet and a maximum height
of 11 feet; trailer with a maximum length of 25 feet from front of
hitch to rear of trailer and a maximum height of 11 feet; boat on
a trailer with a maximum length of 20 feet from front of hitch to
rear of boat.
Any Temporary Sign painted on or attached
to a Vehicle, which sign is related to the business
activity, Use, service, or product of the Owner of the Vehicle or to the sale of
the Vehicle, and which sign is incidental to the
primary Use of the Vehicle.
Engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electrical work, tune-ups, and all other
passenger Vehicle Repair activities not specifically
listed in the definition of Vehicle Service Station.
Any Building, land area or other Premises used for the display or sale of new or used automobiles,
motorcycles, trucks, trailers, or boats. A permanent sales Office Building shall be located on the same Lot as the Vehicle sales.
Any Building, land area or other Premises, or portion thereof, used or intended to be used
for any one or a combination of the following activities:
Retail dispensing or sales of automobile fuels, including but
not limited to gasoline, diesel, natural gas, or electric charging
stations.
Retail dispensing or sales of automobile lubricants, including
oil changing and chassis lubrication where substantial disassembly
is not required.
Retail dispensing or sales of automobile coolants.
Hand or machine washing in a single bay auto wash.
Incidental repair or replacement of parts, such as windshield
wiper blades, light bulbs, air filters, oil filters, batteries, belts,
tires, fuses, and the like.
Vehicle Wrecking, Vehicle Repair, muffler/exhaust systems, parking or storing of Vehicles for hire,
and the operation of more than one towing Vehicle shall not be deemed permissible Accessory Uses of
a Vehicle Service Station.
Any outdoor area used for the storage of Vehicles.
The dismantling or disassembling of Motor Vehicles or trailers, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete, or wrecked Vehicles or their parts.
Any Sign attached to the wall of the Building.
The storage and handling of freight or merchandise, within
entirely enclosed structures, but not including the maintenance or
fueling of commercial vehicles.
A system for supplying and distributing water from a common
source to Dwellings and other Buildings, but generally not confined to one neighborhood.
A thoroughfare that affords only a secondary means of access
to abutting property.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§11702.1 et. seq.)
See Wireless Communications Facility.
See Lot Width.
Any Sign attached to a display window or visible through
a display window. Any Sign regardless of its location or intent, which
can be read from the Street or adjoining property
on or through the window of an establishment, shall be deemed to be
a Window Sign.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
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.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Municipality-owned land or property.
An open space on the same Lot with a Building or Structure.
An open space extending the full width of the Lot between a main front Building Line and the Front Lot Line, unoccupied and unobstructed by Buildings or Structures from the ground upward, the depth
of which shall be the least distance between the Front Lot
Line and the front of the main front Building Line. On Corner Lots, the Front Yard shall be both Yards that front on the Streets. In the case of Uses or parcels without a Principal Building, the Front Yard shall
be a line drawn parallel to a Front Lot Line a distance
equal to the depth of the required Front Yard setback.
An open space extending the full width of the Lot between the rearmost main Building and the Rear Lot Line, unoccupied and unobstructed by Buildings or Structures from the ground upward, except as
before specified, the depth of which shall be the least distance between
the Rear Lot Line and the rear of such main Building.
An open space, extending from the Front Yard to the Rear Yard between a main Building and the Side Lot Line, unoccupied and unobstructed
by Buildings or Structures from
the ground upward. The required width of a Side Yard shall be measured horizontally from the nearest part of the main Building. An interior Side Yard is any Side Yard not on the Street side of a Corner Lot.
The Zoning Hearing Board of the Municipality.
The Municipality’s Manager or his
designated representative.
