[Ord. No. 1540, 6-26-2023]
The following rules apply to the interpretation of this part:
(a)
Words in the singular include the plural and
those in the plural include the singular.
(b)
Words used in the present tense include the
future tense.
(c)
The words "person," "applicant," "developer,"
and "owner" include a corporation, unincorporated association and
a partnership, or other legal entity, as well as an individual engaged
in the subject activity.
(d)
The word "building" includes structure and
the phrase "or part thereof."
(e)
The word "watercourse" includes channel, creek,
ditch, dry run, spring, stream, and river.
(f)
The words "should" and "may" are permissive;
the words "shall" and "will" are mandatory and directive.
(g)
The word "lot" includes the word "plot" or
"parcel."
(h)
The word "used" or "occupied" as applied to
any land or building includes the words "intended, arranged, or designed
to be used or occupied."
[Ord. No. 1540, 6-26-2023]
Words and terms used in this part shall have the meanings given
in this article. Unless expressly stated otherwise, any pertinent
word or term not part of this listing but vital to the interpretation
of this Code, shall be construed to have their legal definition, or
in absence of a legal definition, their meaning as commonly accepted
by practitioners including civil engineers, surveyors, architects,
landscape architects, and planners.
[Ord. No. 1540, 6-26-2023]
Having a common border with or being separated from such
common border by an alley or easement.
See "building, accessory."
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets, and
storage sheds, shelters, or similar structures.
See "use, accessory."
Property that is contiguous with, or directly across a public
street or other right-of-way from, the boundaries of any side of the
subject property.
As generally defined in the "Right to Farm" law, as amended
through Act 58 of 1998 and including:
Agricultural, agronomic, aquacultural, horticultural,
floricultural, viticultural, silvicultural or dairy products;
Livestock and products of livestock;
Ranch-raised fur-bearing animals and the
products of ranch-raised fur-bearing animals;
The products of poultry or bee raising;
Any products raised or produced on farms
intended for human consumption and the processed or manufactured result
of such products intended for human consumption; and
Forestry and forestry products.
A minor right-of-way, publicly or privately owned, primarily
for access to the back or side of properties and not intended for
general traffic circulation.
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
The use of designated radio frequency spectra for purposes
of private recreation, noncommercial exchange of messages, wireless
experimentation, self-training, and emergency communication.
A revision to the text of this part or to the official Zoning
Map passed by the Town Council or submitted to the Town Council for
approval.
Any kennel or cattery with the goal of ultimately transferring
the dogs or cats to a permanent owner or keeper through any means
of transfer. Any animal rescue located within the Town shall be required
to comply with all county and state regulations associated with licensure
and shall provide proof of required licensure to the Town upon request.
See "communications antenna."
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this part.
A owner or developer (as hereinafter defined) who has filed
an application for development, and any heirs, successors, or assigns.
The average between the highest and lowest elevation of the
ground abutting the street-facing elevations of a structure or building,
as existing or as shown on construction plans, except localized depressions
used or intended for vehicle or pedestrian entrances are not considered
in the determination of average levels of finished ground.
[Ord. No. 1540, 6-26-2023]
A temporary sign composed of cloth, canvas, plastic, fabric,
or similar lightweight, nonrigid material that can be mounted to a
structure with cord, rope, cable, or similar method or that may be
supported by stakes in the ground. Banners attached to fences are
considered wall signs.
A portion of a building located partially or totally below
grade.
State of the art mitigation measures applied to oil and natural
gas drilling and production to help ensure that energy development
is conducted in an environmentally responsible manner.
A unit of land, together with a specified type and amount
of planting thereon, and any structures which may be required between
land uses to eliminate or minimize conflicts between them.
An area of the lot that sets the minimum and maximum distance
an elevation can be placed from its designated lot line.
An area of the lot that sets the minimum and maximum distance
the front elevation can be placed from the front lot line.
An area of the lot that sets the minimum and maximum distance
the elevation can be placed from the secondary street lot line.
An area of the lot that sets the minimum and maximum distance
the elevation can be placed from the side lot line.
The area of the lot where a building can be built based on
the build-to areas and setbacks.
A structure built, maintained, or intended for use for the
shelter or enclosure of persons, animals, or property of any kind.
The term is inclusive of any part thereof. Where independent units
with separate entrances are divided by party walls, each unit is a
building.
The total gross area of the building footprint of all principal
buildings on a lot.
See "height."
A building which meets all the following criteria:
Is subordinate to and serves a principal
building or a principal use.
Is subordinate in area, extent and purpose
to the principal building or use served.
Is located on the same lot as the principal
building or use served except as otherwise expressly authorized by
provisions of this part.
Is customarily incidental to the principal
building or use.
Any portion of a principal building devoted
or intended to be devoted to an accessory use is not an accessory
building.
A building in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
[Ord. No. 1540, 6-26-2023]
The portion of a street intended for vehicular use.
A document issued by the Zoning Officer to certify that the
change in use of a structure or lot, change in occupancy of a structure,
or construction of a structure complies with this Zoning Code.
A commercial establishment which, as one of its principal
business purposes, serves, sells, or caters food, apparels, goods,
services, play, or entertainment to children and their families.
An area of unobstructed vision at street 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 communications antennas on an
existing communications tower, or on any structure that already supports
at least one communications antenna.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals, which may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. Communications antenna further includes, but
is not limited to, related equipment. Communications antennas shall
not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are communications towers.
A plan consisting of maps, charts, and textual data stating the objectives and plans for the development of the Town, as may be adopted, altered, or revised from time to time by Council in accordance with Article III of the Pennsylvania Municipalities Planning Code.
A use permitted in a specific zoning district, subject to
specified criteria, and as approved by Council pursuant to public
notice and public hearing and recommendations by the Planning Commission.
A retail establishment offering for sale a relatively limited
selection of prepackaged food products, household items, and other
related goods, which may or may not include gasoline or fuel sales,
characterized by a rapid turnover of customers and high traffic generation.
See "lot, corner."
Allegheny County, Pennsylvania.
A means of vehicular approach or entry to or exit from property.
[Ord. No. 1540, 6-26-2023]
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or of less than fee interest, including an easement.
Pennsylvania Department of Environmental Protection.
Any owner, holder of an option or contract to purchase, agent,
or tenant of such owner, who makes or causes to be made a subdivision
of land or a land development with the permission of such owner.
A physical or mental impairment that substantially limits
one or more major life activities, a person who has a history or record
of such an impairment, or a person who is perceived by others as having
such an impairment.
A network of wireless communications facilities that distributes RF signals from transceivers at a central hub to a specific service area with poor coverage or inadequate capacity. As typically configured, a DAS network consists of a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. Only qualified neutral-host DAS networks that can support multiple providers simultaneously shall be considered public utilities if owned or operated by an entity granted public utility status (i.e., entities granted certificates of convenience as competitive access providers). DAS networks that support only a single wireless service provider shall be governed by § 1303.200.
The removal of surface water or groundwater from land by
drains, grading, or other means. Drainage includes the control of
runoff to minimize erosion and sedimentation during and after development
and includes the means necessary for water supply preservation or
prevention or alleviation of flooding.
Any digging or boring of a new well to explore, develop,
or produce oil, gas, or other hydrocarbons or to inject gas, water
or any other fluid or substance into the earth. This definition shall
include deepening or reworking of an existing well for purposes such
as to improve flow or remove a blockage.
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
[Ord. No. 1540, 6-26-2023]
Authorization by a property owner of the use of a portion
of the land by another and for a specified purpose.
Any vehicle that operates in any way on electrical energy,
including a battery electric vehicle or plug-in hybrid electric vehicle.
The standard indicator of electric force or voltage at which
an electric vehicle is recharged as follows and as illustrated in
Figure 1306.A.
Level 1: A slow charging system with a voltage
range of 0 through 120 AC123.
|
Figure 1306.A
(Source: Siting and Design Guidelines for Electric Vehicle
Supply Equipment, November 2012)
|
 |
Level 2: A medium charging system with a
voltage range of 121 through 240 AC124.
|
Figure 1306.A
(Source: Siting and Design Guidelines for Electric Vehicle
Supply Equipment, November 2012)
|
 |
Level 3: A fast charging system with a voltage
range of greater than 240 AC125.
|
Figure 1306.A
(Source: Siting and Design Guidelines for Electric Vehicle
Supply Equipment, November 2012)
|
 |
An off-street parking space designated for an electric vehicle
to park while charging.
Infrastructure that will support the future installation
of an electric vehicle charging station.
An exterior wall of a building.
The exterior wall of a building facing the front lot line.
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
The use, placement, or extension of private uses and structures
into, upon, over, or under a right-of-way, public space, or publicly
owned property.
United States Environmental Protection Agency.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person for the purpose
of a specified sexual activity, or who agrees or offers to privately
model lingerie or to privately perform a striptease for another person.
Temporary geologic or geophysical activities, drilling in
context with the zoning definition in this part, including seismic
surveys, related to the search for natural gas or other subsurface
hydrocarbons.
[Ord. No. 1540, 6-26-2023]
Two or more individuals living and cooking together as a
single housekeeping unit, including domestic help, but not including
paying guests.
Any lot or parcel of land used in the raising of farm animals
or in the production of agricultural commodities.
An animal used to produce human and animal food and feed,
fiber, skin and hide and, to the extent that they are used in farm
work, bullocks and horses used in the hauling of freight and for transport.
Farm animals are classified as follows:
Any type of building used for housing farm animals or farm-type
equipment used in normal agricultural operations or used for processing,
production, or storage of agricultural commodities.
Federal Communications Commission.
The depositing on land, whether submerged or not, of sand,
gravel, earth, or other materials of any composition whatsoever.
A sign made of cloth, vinyl, or a similar pliant material
that is attached on one side to a flagpole and is designed to flow
in the wind.
See Article 912, Floodplain Construction and Development
Requirements.
The sum of the floor area for each of a building's stories
measured from the exterior limits of the faces of the structure. The
floor area of a building includes finished basement floor area and
includes attic floor area only if the attic area meets the Town building
code standards for habitable floor area. It does not include unfinished
basement and unenclosed porches or any floor space in an accessory
building or in the principal building which is designed for the parking
of motor vehicles to meet the parking requirements of this part.
A design feature where the central portion of the facade
is set back from the front lot line while the rest of the facade is
close to or at the front lot line.
An area containing mature woodlands, woodlands, or young
woodlands.
The process of injecting water, customized fracking fluid,
steam, or gas into an oil well or gas well under pressure to improve
hydrocarbon recovery.
The portion of the lot between the front lot line and the
principal building front elevation.
The portion of the right-of-way between the front lot line
and the curb of a vehicular lane. When there is no vehicular lane,
public frontage is the portion of the right-of-way between the front
lot line and the center line of the right-of-way.
The side or sides of a lot abutting a public street or right-of-way.
[Ord. No. 1540, 6-26-2023]
A design feature conventional for retail use where the front
elevation is aligned close to the front lot line and has an attached
cantilevered shed or lightweight colonnade overlapping the sidewalk.
A building, or portion of a building, used or intended to
be used for the parking and storage of motor vehicles.
A facility associated with a gathering system facility or
water collection line, such as a drip station, vent station, pigging
facility, chemical injection station or transfer pump station.
Water in that portion of the generally recognized hydrologic
cycle which occupies the pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells and springs and is often
withdrawn for domestic, agricultural, municipal, industrial, and other
beneficial uses.
[Ord. No. 1540, 6-26-2023]
Any substances or materials in form or quantities which,
in the determination of the Town, pose a possible risk to the life,
health or safety of persons or property, or to the ecological balance
of the environment, or to the contamination of our water sources.
These shall include, but not be limited to: explosives, PCBs, petroleum
products or gases (except in motor vehicles and equipment), poisons,
etiologic agents, flammables, corrosives, gases under high pressure,
acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid,
chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid
and oxides of nitrogen, phosphorus, potassium, sodium, sulfur products
and pesticides (including insecticides, fungicides and rodenticides)
and any other products or materials listed in the Hazardous Substances
List of the Pennsylvania Department of Labor and Industry.
The vertical distance between the average finished grade
along the wall facing the front lot line and the highest point of
the building or structure.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
antennas mounted on the tower and any other appurtenances.
The vertical distance measured from floor to ceiling.
The distance from the highest point of the sign to the average
finished grade of the street closest to the sign. In the case of a
sign located greater than 100 feet from a street, sign height is the
distance from the highest point of the sign to the average finished
grade at the base of the sign.
[Ord. No. 1540, 6-26-2023]
A surface composed of any material that significantly impedes
or prevents natural infiltration of water into the soil. Includes,
but is not limited to, rooftops, parking lots, driveways, buildings,
streets, roads, decks, swimming pools, and any concrete or asphalt.
In the case of lumberyards, areas of stored lumber constitute impervious
surfaces.
The percentage of the total area on a lot which has impervious
cover. Areas covered by roof overhangs, cornices, eaves, and gutters
are calculated as part of the impervious cover.
A surface covered with impervious cover that prevents the
percolation of water into the ground.
[Ord. No. 1540, 6-26-2023]
Any discarded material or article and shall include, but
not be limited to, scrap metal, batteries, scrapped, abandoned, or
junked motor vehicles (See Article 705), machinery, equipment, glass,
containers, and industrial waste. It does not include refuse or garbage
kept in proper containers for the purpose of prompt disposal.
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
The improvement of one lot or two or more contiguous lots,
tracts, or parcels of land for any purpose involving one or more of
the following:
A group of two or more buildings, or a single
nonresidential building.
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,
condominiums, building groups or other features.
A subdivision of land.
Development in accordance with § 503(1)
of the Pennsylvania Municipalities Planning Code (Act 247).
See "owner."
An area where the downward and outward movement of slope-forming
materials composed of rock, soils, artificial fills, or a combination
of these materials exist. (See Appendix B map for landslide prone
areas, soil types, and locations.[1])
The owner's designated representative to respond to
and resolve complaints 24 hours a day, seven days a week.
A parcel, tract, or area of land, undivided by any street
or private road as established by a plat or otherwise as permitted
by law and to be used, developed, or built upon as a unit.
The area within the lot lines.
A line bounding a lot which divides one lot from another
or from a street or any other public or private space.
The lot line that separates the lot from the primary street.
The lot line which is most distant and generally opposite
the front lot line. For regular lots, the term "generally opposite"
means the lot line which is parallel to the front lot line. For irregular-shaped
lots with four or more sides, the term "generally opposite" means
a lot line that does not connect to the front lot line, is located
to the rear of the lot, and is more or less parallel to any portion
of the front lot line. See Article 1304 for how to interpret corner,
triangle, and through lots.
The lot line that separates the lot from any street that
is not the primary street.
Any lot line other than a front, secondary street, or rear
lot line.
A lot line that is adjacent to any street.
Any validly recorded lot which at the time of its recordation
complied with all applicable laws, ordinances, and regulations.
The portion of the lot between the front lot line and the
front elevation of the principal building and extending the entire
width of the lot. Where there is a secondary street frontage, the
portion of the lot between the lot line and the principal building
elevation along the secondary street and extending the length or width
of the lot is also a front lot segment. Where there are multiple principal
buildings on a lot, the front lot segment is measured to the most
forward of the principal buildings.
The portion of the lot between the front and rear elevations
of the principal building and extending the width of the lot, minus
any front lot area along a secondary street. Where there are multiple
principal buildings on a lot, the mid lot segment is measured based
on the most forward of the principal buildings.
The portion of the lot between the rear elevation of the
principal building and the rear lot line and extending the width of
the lot, minus any front lot area along a secondary street. Where
there are multiple principal buildings on a lot, the rear lot segment
is measured based on the most forward of the principal buildings.
The distance between side lot lines measured along the front
building elevation.
A lot abutting two or more streets at their intersection.
A lot abutting two parallel streets.
[1]
Editor's Note: Appendix B is included as an attachment
to this article.
[Ord. No. 1540, 6-26-2023]
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.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16 of 2016, 35 P.S. § 10231.101
et seq., as amended.
The minimum height necessary for a wireless communications
facility to fill a gap in coverage.
A communications tower or site which consists of a single
pole structure, designed, and erected on the ground or on top of a
structure, to support communications antenna and connecting appurtenances.
A motorized vehicle with sufficient equipment to render it
suitable for use as a temporary dwelling of travel, recreational and
vacation uses. Such units must be licensed and inspected.
Pennsylvania Municipalities Planning Code, Act of 1968, P.L.
805, No. 247.[1]
A painted image or design on a building, which may or may
not include words. The definition of mural does not encompass architectural
elements that are incorporated into a building's structure or
facade (Figure 1306.B).
|
Figure 1306.B
|
 |
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 1540, 6-26-2023]
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks, and other
equipment.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets but not including facilities or equipment that are designed
and constructed primarily to remove water, water vapor, oil, or naturally
occurring liquids from natural gas.
A lot, of which the area or dimension was lawful prior to
the adoption or amendment of a zoning ordinance, but now fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure that does not comply with
the applicable provisions in this Zoning Code and any amendment to
it, where such structure lawfully existed prior to the enactment of
such Code or amendment or prior to the application of such Code or
amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A use that is not a residential use.
A zoning district that permits a variety of uses, including
both residential and nonresidential uses. This includes all districts
that are not considered a residential zoning district or are the Civic
District Zoning.
The appearance of a human bare buttocks, anus, male genitals,
female genitals, or female breast.
[Ord. No. 1540, 6-26-2023]
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane, or any other constituents or similar substances that
are produced by drilling a well of any depth into, through, and below
the surface of the earth.
Any well drilled for the intent of extracting gas or other
hydrocarbons from beneath the surface of the earth.
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
The person(s) having the right of legal title to, beneficial
interest in, or a contractual right to purchase a lot or parcel of
land.
[Ord. No. 1540, 6-26-2023]
Extending in the same direction or within 20° of the
same direction.
Pennsylvania Construction Code as adopted by Town Council.
This term is used interchangeably with UCC.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A structure designed primarily to be mounted on a pickup
or truck chassis with sufficient equipment to render it suitable for
use as a temporary dwelling for travel, recreational and vacation
uses.
The Town of McCandless Planning Commission.
A design feature adjoining a ground floor entrance to a building
that is a nonenclosed or semi-enclosed, roof-covered accessory structure.
The area occupied by a use. When more than one use occupies
a building, each use is considered a separate premises.
See "owner."
Any structure capable of occupancy including but not limited to a residence, business, school, religious institution, swimming pool, or other public building located within 1,000 feet of the surface location of a well site that may be impacted by noise generated from drilling or hydraulic fracturing activity at a well site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the well operator granting surface rights to drill the subject well or whose owner or occupants have signed a waiver relieving the well operator from implementation of the measures for the owners' or occupants' benefit identified in § 1303.210(f). In the waiver, the owner must acknowledge that the well operator is explicitly relieved from complying with the regulations applicable to a protected structure. The waiver must be notarized.
Any improvement, facility or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, including any or all of the following: grading, vehicular and
pedestrian circulation systems, flood control improvements, water
supplies and distribution facilities, sanitary sewage disposal and
treatment, public paving, curbs, curb returns, gutters, sidewalks,
drive entrances within a street right-of-way, utility and energy services,
parking areas, fire hydrants, storm sewer lines and structures, drainage
channels and structures, guide rails, traffic signals and devices,
retaining walls, recreation facilities, sodding, landscaping, and
monuments, whether on-site or off-site.
A structure located at a transit stop providing protection
for individuals who are waiting for public transportation.
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
Any licensed or unlicensed trailer or other vehicle designed
or used for temporary living or sleeping purposes, regardless of whether
the wheels are attached or unattached or a permanent or semi-permanent
foundation is constructed underneath. Recreational vehicle shall include,
but not be limited to, travel trailers, pickup coaches, motorized
homes, and recreation transport trailers.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a communications tower or communications antenna
or solar energy system. This term includes generators and base stations.
A use of part or all a lot, building, or structure for a
home or residence for one or more individuals.
A zoning district where the primary permitted principal uses
are residential, and the intent is to create or maintain a residential
neighborhood. These districts may also include compatible nonresidential
uses.
The surface of and space above and below any real property
in the Town in which the Town has a regulatory interest, or interest
as a trustee for the public, as such interests now or hereafter exist,
including, but not limited to, all streets, highways, avenues, roads,
alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other
public place, area or property under the control of the Town, and
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 Town. The phrase "in
the right(s)-of-way" and means in, on, over, along, above or under
the right(s)-of-way. For the purpose of this part, ROW shall include
streets and roads owned by Allegheny County, the Commonwealth of Pennsylvania,
and any other Pennsylvania state agencies.
[Ord. No. 1540, 6-26-2023]
See "lot line, secondary street."
See "setback, secondary street."
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
The minimum distance from a designated lot line that a building,
structure, or other feature must be located.
A setback measured from the front lot line.
A setback measured from the rear lot line.
A setback measured from the secondary street lot line.
A setback measured from the side lot line.
A one-story, fully enclosed accessory structure under 350
square feet that is not used as a dwelling and does not contain kitchen
facilities.
A design feature conventional for retail use, with substantial
glazing and an awning, where the front elevation is placed close to
the front lot line with the building entrance at sidewalk grade.
A device, display, or structure that is visible from a public
place and that has words, letters, figures, designs, symbols, logos,
illumination, or projected images. This definition does not include
architectural elements incorporated into the structure or facade of
a building. For the purposes of this sign code, sign does not include
those only visible from the inside of a building or athletic field
or stadium; nor does sign include those held by or attached to a person.
A sign consisting of two sign faces placed together at an
angle to form an A-shape structure which tapers from a wide base to
a narrow top (Figure 1306.C).
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Figure 1306.C
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The area of a sign means the area of all lettering, wording,
and accompanying designs, logos, and symbols. The area of a sign does
not include any supporting framework, bracing or trim which is incidental
to the display and does not contain lettering, wording, or symbols
(Figure 1306.D).
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Figure 1306.D
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A sign that is mounted, painted, or attached to an awning
(Figure 1306.E).
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Figure 1306.E
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The smallest vertical distance between finished grade and
the lowest point of the sign, including any framework or other structural
elements. This applies to awning, marquee, pole, pylon, and projecting
signs.
The message, advertisement, or other symbols on the sign
face.
A sign made of LCD, LED, plasma, CRT, pixelized lights, and
other photo or video-like displays.
The area or display surface used for the message on a sign.
A sign which is supported by structures or supports in or
on the ground and independent from a building. Freestanding signs
include monument signs, pole signs, and pylon signs.
See "height, sign."
A sign which has characters, letters, figures, designs, or
outlines illuminated, either internally or externally, by electric
lights or luminous tubes.
A sign that is an air-inflated object, which may be of various
shapes, made of flexible fabric, resting on the ground or a structure,
and equipped with a portable blower motor that provides a constant
flow of air into the device (Figure 1306.F).
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Figure 1306.F
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A sign that is mounted, painted, or attached to a marquee
(Figure 1306.G).
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Figure 1306.G
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A low sign independent from any building that is in contact
with or close to the ground and usually supported by posts or pillars
on the sides or a structural base of at least 75% of the width of
the sign face (Figure 1306.H). For example, a monument sign with a
sign face eight feet wide would require a structural base of six feet
or more in width.
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Figure 1306.H
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A sign which was lawfully erected in compliance with the
applicable regulations of the zoning ordinance before the effective
date of this chapter and which fails to conform to the current standards
or restrictions.
A sign that displays a message directing attention to a business,
product, service, profession, commodity, activity, event, person,
institution, or other message that is generally conducted, sold, manufactured,
produced, offered, or occurs elsewhere than on the premises where
the sign is located (Figure 1306.I). For purposes of this definition,
any part of a lawfully permitted special event where public streets
have been closed to traffic is considered a single premises.
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Figure 1306.I
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A sign that the content relates to the premises on which
it is located.
A freestanding sign permanently affixed to the ground by
one support so that the bottom edge of the sign face is off the ground
(Figure 1306.J).
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Figure 1306.J
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A sign that is wholly or partly dependent on a building for
support and which projects more than 12 inches from the building elevation
(Figure 1306.K).
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Figure 1306.K
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A freestanding sign permanently affixed to the ground by
two supports so that the bottom edge of the sign face is off the ground
(Figure 1306.L).
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Figure 1306.L
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A sign mounted on the main roof of a building, and which
is wholly dependent on the building for support (Figure 1306.M).
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Figure 1306.M
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The distance between signs or sign structures measured as
a straight-line distance between the closest edges of each sign.
The structure, such as buildings, towers, masts, poles, booms,
decorations, carports, machinery, and equipment, to which a sign is
attached.
A sign constructed of cloth, canvas, vinyl, paper, plywood,
fabric, plastic, or other lightweight material that is not permanently
installed in the ground and not permanently affixed to a building
or a structure that is permanently installed in the ground. The term
temporary sign includes A-frame signs, lawn signs, banners, inflatable
signs, and window signs. The term temporary sign does not include
flags and signs that are intended to regularly move, such as vehicle
signs.
A sign composed of a series of three-sided rotating slats
arranged side by side, either horizontally or vertically, that are
rotated by an electromechanical process and display up to three separate
and distinct messages, one message at a time.
A sign mounted, posted, or otherwise adhered on or to a motor
vehicle, including but not limited to cars, trucks, trailers, wagons,
tractors, and recreational vehicles.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign (Figure 1306.N).
This definition includes signs located on a parapet wall of a building
and signs composed of individual letters, numbers, or symbols.
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Figure 1306.N
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A plan showing the location and size of all existing and
proposed signs for campus-like uses on a lot or group of contiguous
lots of at least 10 acres.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
A use permitted in a specific zoning district, subject to
specified criteria, and as approved by the Zoning Hearing Board.
The male genitals in a state of sexual arousal or the vulva
or more intimate parts of the female genitals.
Any of the following:
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure and facilities constructed to resemble trees,
shrubs, and light poles. The Town administration is authorized to
publish objective standards for stealth technology to ensure that
the established character of the Town is maintained.
Land area where the inclination of the land's surface
from the horizontal is 25% or greater. Slope is determined from on-site
topographic surveys prepared with a two-foot contour interval or topography
taken from controlled aerial photography at two-foot contour intervals.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor surface directly above a basement
or unused under floor space is more than six feet above grade, for
more than 50% of the total perimeter or is more than 12 feet above
grade at any point, such basement or unused underfloor space shall
be considered a story. Rooftop features used exclusively for mechanical
equipment, elevators, and stairways shall not be considered a story.
A right-of-way which affords the principal means of access
to abutting property. A street may be designated as a highway, thoroughfare,
parkway, boulevard, road, avenue, drive, or other appropriate name.
A street may also be identified according to type of traffic use as
in the following definitions:
ARTERIAL STREETA street which is used primarily for fast or heavy traffic of an intercommunity nature.
COLLECTOR STREETA street which carries traffic from minor streets to the arterial system.
MINOR STREETA street which is used primarily for traffic access to the abutting properties.
MARGINAL ACCESS STREETA minor street which is parallel to an arterial street which provides access to abutting properties and protection from through traffic.
See "frontage, street."
Any manufactured object, such as a building or fence, having
an ascertainable stationary location on land or in water, whether
or not affixed to the land.
One of the following:
Any increase in the height of a wireless
support structure 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, except that the mounting
of the proposed wireless communications facility may exceed the size
limits set forth in the WBCA or the Town of McCandless Zoning Ordinance
if necessary to avoid interference with existing antennas.
Any further increase in the height of a wireless
support structure which has already been extended by more than 10%
of its originally approved height or by the height of one additional
antenna array.
[Ord. No. 1540, 6-26-2023]
See "use, temporary."
A design feature where the facade is separated from the sidewalk
by level paved or planted area that is elevated above the sidewalk
grade.
See "wireless support structure."
The Town of McCandless, Allegheny County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed as the engineer for the Town.
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational and vacation
purposes, and when equipped for the road, must be licensed.
[Ord. No. 1540, 6-26-2023]
A bore hole drilled or being drilled for the purpose of or
to be used to produce natural gas from an unconventional formation.
The purpose or activity for which land, a building, or a
structure is designed, arranged, or intended or for which it is occupied
or maintained.
A use which meets all the following criteria:
Is subordinate to and serves a principal
structure or a principal use.
Is subordinate in area, extent, and purpose
to the principal structure or use served.
Is located on the same lot as the principal
structure or use served except as otherwise expressly authorized by
provisions of this Code.
Is customarily incidental to the principal
structure or use.
The specific primary purpose for which land or a building
is used.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.
[Ord. No. 1540, 6-26-2023]
The permission granted by the Zoning Hearing Board following
a public hearing that has been properly advertised as required by
the Pennsylvania Municipalities Planning Code, as amended, for an
adjustment to some regulation which, if strictly adhered to, would
result in an unnecessary hardship and where the permission granted
would not be contrary to the public interest, and would maintain the
spirit and original intent of the part.
[Ord. No. 1540, 6-26-2023]
Water obtained from a potable water source of the commonwealth
such as a stream, lake, water well, spring, or other source that has
not been treated or utilized in commercial or industrial operations.
The term shall not include any water obtained from a local water authority.
Any channel for conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing, or transporting oil or gas.
The person designated as the well operator or operator on the permit
application or well registration. If the owner is a separate entity
than the well operator, then the owner shall also be listed. Where
a permit or registration was not issued, the term shall mean any person
who locates, drills, operates, alters, or plugs any well or reconditions
any well with the purpose of production there from. In cases where
a well is used in connection with the underground storage of gas,
the term also means a storage operator.
An area which includes the perimeter of the surface area
of drilling operations.
The entire improved portion of a property within the limits
of disturbance used in connection with the drilling or oil and gas
development activities of one or more oil or gas wells, including
the graded well pad.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
A wireless communication facility, including those deployed
aerially between utility poles or similar fixtures, and typically
having dimensions no greater than 24 inches in length, 15 inches in
width, and 12 inches in height, and an exterior antenna of no greater
than 11 inches in length per FCC regulations, as amended.
A wireless communications facility, commonly used for the
deployment of the next generation of wireless service, including 5G,
and also including micro wireless communications facilities, that
meets all the following conditions:
The structure on which antenna facilities
are mounted is one of the following:
Each antenna associated with the deployment
(excluding the associated equipment) is no more than three cubic feet
in volume.
All antenna equipment associated with the
facility (excluding antennas) are cumulatively no more than 28 cubic
feet in volume.
The facility does not require antenna structure
registration under FCC regulations.
The facility is not located on tribal lands,
as defined under 36 CFR 800.16(x).
The facility does not result in human exposure
to radiofrequency radiation in excess of the applicable safety standards
specified by the FCC.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Town.
An area of planted material covering one acre or more and
consisting of 30% or more canopy trees having an eight-inch or greater
caliper, or any grove consisting of eight or more trees having a ten-inch
or greater caliper.
An area of plant material covering one acre or more and consisting
of 30% or more canopy trees having a sixteen-inch or greater caliper,
or any grove consisting of eight or more trees having an eighteen-inch
or greater caliper.
An area of plant material covering one acre or more and consisting
of 70% or more canopy trees having a 2 1/2 inch caliper or greater,
or a tree plantation for commercial or conservation purposes where
70% or more of the canopy trees have a 2 1/2 inch or greater
caliper.
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
The area between a lot line or road right-of-way and the
face of a building or structure. The yard width or depth shall be
the measurement between the lot line and the building or structure
or between two opposing lot lines. A yard is based on the actual built
conditions and may or may not align with the current required setback
for a lot.
A yard extending the full width of the front of a lot, between
the road right-of-way line and the front face of a building or structure.
A yard extending the full width of rear of a lot, between
the rear lot line and rear face of the building or structure.
A yard extending from the rear yard to the front yard, between
the lot line and the side face of the building or structure.
[Ord. No. 1540, 6-26-2023]
A document issued by the Zoning Officer stating that a proposed
use or development will be in compliance with this Zoning Code, and
authorizing the applicant to proceed.
