A.
Unless a contrary intention appears clear, the following words
and phrases shall have, for the purpose of this chapter, the meanings
given in the following clauses. Any word or phrase not defined specifically
herein is intended to be used with its meaning in standard usage.
B.
For the purpose of this chapter, words and phrases used herein
shall be interpreted as follows:
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDINGSee "building, accessory."[1]
ACCESSORY USESee "use, accessory."[2]
ACCESSORY STRUCTURESee "structure, accessory."[3]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 9-19-2018 by Ord.
No. 645-2018]
Forty three thousand five hundred sixty (43,560) square feet.
Improved areas intended for active recreational activities,
such as swimming, playgrounds, skating, baseball, soccer, tennis or
other active sports.
Any commercial establishment in which more than 5% of the
inventory offered for sale or rental to the public consists of books,
publications, film or other media which depict nudity or sexual conduct,
as defined herein, or any establishment which advertises, whether
by way of signage or other advertising methods, the sale or rental
of said media.
A facility that provides accommodations for less than 24
hours for more than five unrelated adults and provides supervision
and personal care services.
Any commercial establishment which features on a regular
basis live shows for public viewing in which all or some of the performers
are displaying nudity or engaging in sexual conduct, as defined herein.
Any movie theater, including mini theater, which on a regular
continuing basis shows films rated "X" by the Motion Picture Coding
Association of America, or any movie theater, including mini theater,
which presents for public viewing on a regular continuing basis adult
films depicting sexual conduct as defined herein.
A right-of-way which provides secondary service access for
vehicles to the side or rear of abutting properties and is not intended
for general traffic circulation.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement
or diminution, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
An indoor or outdoor facility designed for rides, arcades
or similar entertainment uses.
The keeping or raising of livestock, horses and poultry for
noncommercial purposes.
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.
[Added 9-19-2018 by Ord.
No. 645-2018]
A building containing three or more dwelling units.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing three or more dwelling units, with a common access to and
from the outside.
Any tree with a caliper of three inches or greater that has
been approved by the Borough.
A major street serving as a principal or heavy-traffic street
of considerable continuity and used primarily as a traffic artery
for intercommunications between large areas. This definition specifically
includes but shall not be limited to Big Sewickley Creek Road, Ingomar
Heights Road, Rochester Road, Brandt School Road, Reis Run Road, Nicholson
Road and Bayne-Wexford Road/Wexford-Bayne Road.
[Amended 11-20-2013 by Ord. No. 606-2013]
A residential facility in a retirement community for the
elderly, as defined herein, containing apartment units for independently
mobile residents, which are designed with safety and emergency call
features monitored by staff and which provides laundry and housekeeping
services and a minimum of one meal each day in a common dining facility
and which provides staff supervision and assistance in such matters
as bathing, dressing, diet and medications prescribed for self-administration.
Storage and display for sales purposes of more than two motor
vehicles or any type of trailer, provided that the trailer is unoccupied,
and where repair or body work is incidental to the operation of the
new or used vehicle sales. "Motor vehicle sales" includes motor vehicle
retail or wholesale sales.
A structure and surrounding land used predominantly for the
storage and sale of petroleum and other fuels and lubricants primarily
to motor vehicles and can include the allocation of space for the
sale of items such as snack food, drinks and tobacco products.
The space enclosed by the foundation or ground-floor wall
of a building partly below the average level of the adjacent ground.
A basement shall not be counted as a story for the purposes of height
measurement unless 1/2 or more of its volume is above the average
level of the adjacent ground.
An owner-occupied dwelling unit that contains no more than
five guest rooms, where lodging, with or without meals, is provided
for compensation and where said lodging shall not exceed 14 days.
Best management practices (BMPs) are state-of-the-art mitigation
measures applied to oil and gas developments, oil and gas development
facilities and oil and gas production to help ensure that energy development
is conducted in a safe and environmentally responsible manner that
protects air and water quality, landscapes and natural resources and
public health.
[Added 9-18-2019 by Ord. No. 648-2018]
A building that houses a retail establishment or establishments
that has a footprint of 75,000 square feet or greater.
One who pays a stipulated sum in return for regular meals
or for meals and lodging.
Any dwelling with fewer than 20 sleeping rooms in which more
than three persons, either individually or as families, are commercially
housed or lodged, with or without meals. A rooming house or a furnished
rooming house shall be deemed a boardinghouse.
The Franklin Park Borough Zoning Hearing Board.
A structure under a roof used for the shelter or enclosure
of persons, animals or property. The word "building" shall include
any part thereof.
BUILDING, ACCESSORYA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted to an accessory use is not an accessory building.
BUILDING, PRINCIPALA building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
The Franklin Park Borough Building Inspector/Zoning Officer,
A vertical distance measured from the average elevation of
the proposed finished grade around and at the structure to the highest
point of the roof for flat roofs, to the decklines of mansard roofs,
and to the mean height between the eaves and ridge for gable, hip
and gambrel roofs.
A line formed by the lot's minimum front yard, as herein
designated for each district.
Categorical exclusions (CEs) are categories of actions that
have been determined not to have a significant effect on the human
environment either individually or cumulatively. The Federal Highway
Administration (FHWA) has defined categories of actions that do not
involve significant environmental impacts. These actions are defined
in 23 CFR 771.117.
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, necessary sales, and maintenance facilities.
Mortuaries shall be included when operated within the boundary of
such cemetery.
A street which carries traffic from minor streets to arterial
or major streets, including the principal entrance streets of a residential
development and the streets for circulation within such a development.
This definition specifically includes, but shall not be limited to,
Cole Road, Wexford Run Road, McAleer Road, Pine Creek Road, McDevitt
Road, Magee Road Extension, West Ingomar Road and Locust Road.
Any institution providing postsecondary education or instruction
at any of its campuses, including technical and trade schools.
The placement or installation of new wireless communications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless communications facilities if
approved by the municipality. The term includes the placement, replacement
or modification of accessory equipment within a previously approved
equipment compound.
[Added 9-19-2018 by Ord.
No. 645-2018]
Any vehicle to which lettering, symbols or decals are attached,
to any part of the vehicle, which identify a business, organization
or any other entity.
Any vehicle identified as a Class 5 or greater by the Pennsylvania
Motor Vehicle Code.[4]
The Franklin Park Borough Planning Commission.
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or nonprofit group
or agency.
The date 60 days after the end date of drilling, redrilling
or reworking of the well site in which the well is properly equipped
for the production of oil or gas.
[Added 9-18-2019 by Ord. No. 648-2018]
The Comprehensive Plan for Franklin Park Borough, Allegheny
County, adopted January 17, 2007, by Franklin Park Borough under the
applicable provisions of the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[6]
A device used alone or in series to raise the pressure of
natural gas and/or by-products to create a pressure differential to
move or compress a liquid, vapor or gas.
[Added 9-18-2019 by Ord. No. 648-2018]
An oil and gas facility designed and constructed to compress
natural gas, through the use of motors, that originates from an oil
and gas well or collection of such wells and which operates as an
upstream or midstream facility for delivery of oil and gas to a transmission
pipeline, distribution pipeline, natural gas processing and/or treatment
facility or underground storage field.
[Added 9-18-2019 by Ord. No. 648-2018]
An authorized use which may be granted only by Borough Council,
pursuant to express standards and criteria prescribed in this chapter,
after review and recommendation by the Planning Commission and a public
hearing by Borough Council.
A business that provides landscaping, construction, remodeling,
home improvement, excavation, paving, land development and related
services on a contractual basis and which may include contractor's
offices and/or a contractor's storage yard.
An unenclosed portion of the lot or parcel upon which a construction
contractor maintains its principal office or a permanent business
office. Designation of the lot or parcel as a contractor's storage
yard would allow this area to be used to store and maintain construction
equipment and other materials customarily used in the trade carried
on by the construction contractor.
Any retail establishment offering for sale a limited line
of groceries and household items intended for the convenience of the
neighborhood.
Transition of a single-family dwelling structure to a multifamily
dwelling.
A land area and buildings containing recreational facilities,
clubhouse and usual accessory uses, owned by the members and open
only to members and their guests for a membership fee.
An occupation or trade requiring manual dexterity, artistic
skill and knowledge to perform, such as but not limited to carpentry,
pottery, sewing, cabinetmaking and other like occupations.
The raising, storage and sale of field and tree crops and
the shipping thereof.
A public, private, nonprofit or for-profit facility regulated
and licensed by the Pennsylvania Department of Public Welfare (DPW),
providing care or supervision to children, excluding: a) care provided
by the operator to his or her relatives (child, stepchild, grandchild
or foster child); and b) care furnished in places of worship during
religious services. The following are the categories of day care:
DAY-CARE HOMEA facility, licensed as such by DPW, providing out-of-home care at any one time for part of a twenty-four-hour day to four, five or six children who are not related to the operator and who are 15 years of age or younger.
DAY-CARE CENTERA facility, licensed as such by DPW, providing out-of-home care at any one time for part of a twenty-four-hour day to seven or more children who are not related to the operator and who are 15 years of age or younger.
GROUP CHILD DAY-CARE HOMEA facility, licensed as such by DPW, providing out-of-home care at any one time for part of a twenty-four-hour day to more than six but fewer than 16 older school-age children or more than six but fewer than 13 children of any other age level, including: a) care provided at the parent's work site when the parent is not present in the child-care space; or b) care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens. This definition does not include care provided: a) in a facility where the parent is present at all times when child care is being provided; or b) during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.
Any tree or shrub that will lose its leaves during winter
months and during periods of extreme drought.
See "gross density."
See "land development plan."
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 9-19-2018 by Ord.
No. 645-2018]
Any vertical or horizontal digging or boring of a new well
or reworking of an existing well with the intention to explore, develop
or produce oil, gas or other hydrocarbons or to inject gas, water
or any other fluids or substances into the earth.
[Added 9-18-2019 by Ord. No. 648-2018]
Every piece of apparatus, machinery or equipment used, erected
or maintained in connection with oil and gas drilling, as well as
the completion and stimulation/workover equipment utilized to complete
the well, and all parts and appurtenances to such apparatus, machinery
or equipment.
[Added 9-18-2019 by Ord. No. 648-2018]
Any portion of a building or structure from which business
is transacted or is capable of being transacted directly with customers
located in a motor vehicle during such business transactions.
A minor vehicular way providing access between a street and
a parking area or garage within a lot or property.
A single-family attached dwelling structure having only one
wall in common with another dwelling unit.
A building containing one or more dwelling units. Types of
dwellings include:
Any room or group of rooms located within a residential building
and forming a single habitable unit with facilities used or intended
to be used for living, sleeping, cooking and eating by one family.
A grant of the specified use of a parcel of land to the public,
a corporation, a government political body or a person. Any utility-related
structure within an easement shall conform to the zoning district
requirements in which it is located.
An establishment which offers food and beverages for sale
on the premises as a principal use and may serve alcoholic beverages
for consumption on the premises, as permitted by the Commonwealth
of Pennsylvania Liquor Control Board.
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.
[Added 9-19-2018 by Ord.
No. 645-2018]
A building, structure or use on a lot from which police,
fire, ambulance, park, public works or other public services are provided
for the general public.
Any activity, commercial or noncommercial, whether or not
conducted for gain, which is generally related to the entertainment
field, such as motion-picture theaters, bowling alleys, roller-skating
rinks, miniature golf, golf driving ranges, commercial swimming pools,
carnivals, festivals, parks, ball fields and other similar activities.
A structure or area for the presentation of the performing
arts, including indoor motion-picture theaters, theaters for live
performances, and indoor and outdoor concert halls. "Entertainment
facility" includes eating places as an accessory use. "Entertainment
facility" does not include adult- or sexually-oriented businesses.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 9-19-2018 by Ord.
No. 645-2018]
A business establishment that repairs consumer electronics,
appliances and tools that can be carried into the establishment by
the customer and where all repairs are conducted inside the establishment
and remain indoors. Equipment repaired at this type of establishment
includes personal computers, cameras, small appliances, televisions,
power tools, lawn mowers and similar devices.
The removal of surface materials by the action of natural
elements.
Any structure designed for transmitting or receiving radio,
television, telephone or other communications, which is owned or operated
by any agency, franchisee or authority of the Franklin Park Borough,
Allegheny County, or the Commonwealth of Pennsylvania or any police,
fire, emergency medical or emergency management agency and which is
also operated by any agency or corporation or public utility regulated
by the Public Utilities Commission (PUC) or Federal Communications
Commission (FCC).
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems or collection, communications, supply or disposal systems,
including pools, wires, mains, drains, sewers, pipes, conduit cables,
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 for the public health
or safety in general.
Any structure designed for transmitting or receiving radio,
television or telephone communications, which is owned or operated
by any agency, franchisee or authority of the Franklin Park Borough,
Allegheny County, or the Commonwealth of Pennsylvania or any police,
fire, emergency medical or emergency management agency.
A plant that has leaves or needles in all seasons. This contrasts
with deciduous plants, which completely lose their foliage during
the winter or dry season.
The exterior walls of a building exposed to public view or
any wall viewed by persons not within the building.
One or more persons related by blood, foster relationship,
marriage or adoption and, in addition, any domestic servants or gratuitous
guests thereof; or a group of not more than five persons who need
not be so related and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
A tract or parcel of land containing not less than five acres,
upon which are maintained, grown and produced for sale or use domestic
livestock, fur-bearing animals, dairy products, poultry, eggs, fruit
and vegetables and other such crops and animals.
A temporary structure used for the display and sale of agricultural
commodities directly to the consumer on property owned and operated
by a landowner who produces not less than 50% of the commodities sold.
[Amended 5-18-2022 by Ord. No. 666-2022]
An outdoor retail market open to the public, established
to provide: i) the sale of produce, plants or herbs, eggs, meats,
dairy, honey and other similar agricultural commodities locally grown,
harvested, or produced and sold directly by the grower, harvester
or producer of the commodity; ii) the sale of certain prepared foods,
goods, or beverages, including wine, cider, or beer, that are produced
and sold directly by the producer of said foods, goods, or beverages;
and iii) certain entertainment activities, such as musical presentations
provided by local businesses, artists, or musicians.
[Added 5-18-2022 by Ord. No. 666-2022]
Federal Communications Commission.
[Added 9-19-2018 by Ord.
No. 645-2018]
A vertical enclosure, solid or partially open, to prevent
straying from within or intrusion from without.
Elements that create openings in a building's exterior, such
as windows, doors, skylights, curtain walls, etc., designed to permit
the passage of air, light, vehicles or people.
Any building wherein the primary occupation is concerned
with such federal- or state-regulated businesses as banking, savings
and loans, loan companies, and investment companies.
Any streams, ponds or lakes subject to a one-hundred-year-recurrence-interval
flood, as delineated by the Federal Emergency Management Agency (FEMA),
or subject to erosion caused by a one-hundred-year-recurrence-interval
flood. In addition, any areas identified in the future by anyone else
expert and experienced in the preparation of hydrological studies
and the determination of floodlines, subject to the review and approval
of a professional engineer selected by the municipality.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
See "gross floor area."
The amount of floor area permitted on a lot in relation to
the size of the lot.
The murky, salty water from fracking natural gas wells consisting
of fracturing fluid which returns to the surface as well as produced
water.
[Added 9-18-2019 by Ord. No. 648-2018]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The process of injecting water, customized fracking fluid,
steam, or gas into a gas well under pressure to improve gas recovery.
[Added 9-18-2019 by Ord. No. 648-2018]
The Franklin Park Borough located in Allegheny County, Pennsylvania.
A self-supporting sign resting on or supported by means of
poles or standards on the ground.
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.
[Added 9-18-2019 by Ord. No. 648-2018]
Water obtained from a public or private potable water source
of the Commonwealth such as a hydrant, stream, lake, water well, spring,
water line or other source that has not been treated or utilized in
commercial or industrial operations.
[Added 9-18-2019 by Ord. No. 648-2018]
A place or premises devoted to or used in the care and preparation
for the funeral and burial of dead human bodies and maintained for
the convenience of the bereaved for viewing or other services in connection
with dead human bodies and as an office or place for carrying on the
profession of funeral directing but not cremation.
A building or portion thereof designed or used privately
for the storage of motor vehicles and used by the occupants of the
principal building to which it is an accessory. Not more than one
of the housed vehicles shall be a commercial vehicle of more than
two tons' capacity.
Any well drilled for the intent of extracting gas or other
hydrocarbons from beneath the surface of the earth.
[Added 9-18-2019 by Ord. No. 648-2018]
Furnishing or fitting with glass.
A land area and buildings containing recreational facilities
for the purpose of playing golf.
The Franklin Park Borough Council.
The indoor raising of plants, shrubs and trees for sale and
transplantation.
That ratio of the total number of dwelling units to the total
acreage comprising a given parcel.
The sum of the areas of the several floors of the building
or structure, as measured from the exterior faces of the walls. It
does not include basements, unenclosed porches, attics not usable
for human occupancy, nor any floor space in an accessory building
nor in the principal building intended or designed for the parking
of motor vehicles, nor any such floor space intended and designed
for accessory heating and ventilating equipment.
The total land and water surface area contained within the
boundaries of a lot, parcel or tract.
The first floor or main entry level of a building that is
fully above grade and fully above the floor or basement level.
A group residence for those who have completed treatment
at a rehabilitation facility, whether criminal in nature or not, but
who are not yet ready to return to independent living in the community
and where residents participate in structured programs designated
to ease successful reintegration into society.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennae mounted on the tower and any other appurtenances.
[Added 9-19-2018 by Ord.
No. 645-2018]
The accessory use of a residence involving the conduct of
an art or profession, the offering of a service, the conduct of a
business or the production of handicrafts on a residential site. The
use is incidental and secondary to the use of the dwelling for residential
purposes and shall not change the character of the residential use
or adversely affect the uses permitted in the residential district
of which it is a part.
An institution providing primary health services and medical
or surgical care to persons, primarily 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 or
training facilities.
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, parking
and driveway areas, graveled areas, sidewalks and paved recreation
areas.
A depression, excavation or facility situated in or upon
the ground, whether natural or artificial and whether lined or unlined,
used to store fresh water.
[Added 9-18-2019 by Ord. No. 648-2018]
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store waste
water fluid including but not limited to brine, fracturing fluid,
produced water, recycled water, impaired water, flowbackwater, or
any other fluid that does not satisfy the definition of "fresh water."
[Added 9-18-2019 by Ord. No. 648-2018]
Construction of any building or structure or any addition
or enlargement thereof, any street, driveway, paved area, stormwater
management facility, sanitary sewers, public waterlines, clearing
or grading.
A residential facility in a retirement community for the
elderly, as defined herein, which provides on-site supervision available
to independently mobile residents on an as-needed basis and which
offers at least one meal a day in common dining facilities.
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design, orientation and open space.
Health-related care and services above the level of room
and board, provided on a regular basis to resident individuals who
do not require hospital or skilled nursing care but who, because of
mental or physical condition, require services under a plan of care
supervised by licensed and qualified personnel.
Any section of a highway that is part of the national system
of interstate and defense highways, including interchange access roads.
[Added 3-16-2022 by Ord. No. 665-2022]
A facility located on a lot of five or more acres on which
four or more animals, including but not limited to dogs and cats,
are kept, bred, trained and/or boarded at any one time, whether for
profit or not.
The improvement, as defined herein, 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 nonresidential buildings,
whether proposed initially or cumulatively;
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenants, including any structural alteration
to an existing building which results in additional lot coverage;
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 developing streets, common
areas, leaseholds, condominiums, building groups or other features.
Subdivision as defined herein.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.[7]
The following shall not be considered land development:
The subdivision by lease of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement
of access or any residential dwelling.
Accessory uses and/or structures as defined in this chapter.
The conversion of an existing single-family dwelling or two-family
dwelling into not more than three dwelling units, unless such units
are intended to be a condominium.
The addition of an accessory building, including farm buildings
less than 600 square feet, on a lot or lots subordinate to an existing
principal building.
An addition to an existing nonresidential structure that totals
less than 10% of the total gross floor area of the existing nonresidential
structure on the site.
The addition or conversion of buildings or rides within the
confines of an amusement park, except the expansion of an amusement
park onto newly acquired acreage.
A plan prepared in accordance with the application requirements of Chapter 184, Subdivision and Land Development, for approval of a land development, as defined herein.
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.
Any retail business whose size exceeds 10,000 square feet.
An establishment that is primarily engaged in washing, dry
cleaning, dying, pressing and otherwise reconditioning clothing, curtains,
drapes, linens, rugs and other articles.
A public facility for the use, but not sale, of literary,
musical, artistic or reference materials.
Uses that include fabrication, manufacturing, assembly or
processing of materials that are in refined form and that do not in
their transformation create smoke, gas, odor, dust, noise, vibration
of earth, soot or lighting to a degree that is offensive when measured
at the property line of subject property.
[Added 11-20-2013 by Ord.
No. 606-2013]
See "boarder."
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.
LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan required by this chapter, excluding any area within an existing or designated future street right-of-way.
LOT SIZESee "lot area."
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines.
DEPTH OF LOTThe distance from the street line of the lot to its opposite rear line, measured in the general direction of each side line of the lot.
LOT OF RECORDAny lot which individually or as part of a subdivision has been recorded in the Department of Real Estate of Allegheny County.
LOT WIDTHThe width dimension of a lot at the right-of-way line measured at near right angles to the depth or along the curve in the event that the right-of-way line is curved. On lots fronting on a cul-de-sac, lot width shall be measured at the building setback line.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
That portion of the lot which is covered by the footprint
of all principal and accessory structures, expressed as a percentage
of the lot area.
Any boundary line of a lot.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line and except that, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.
LOT LINE, FRONTSee "street line."
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
An area used for the storage, distribution and sale of finished
or rough-cut lumber and lumber products, but not including the manufacture
or fabrication of lumber, lumber products, or firewood.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts, the creation of products, and the blending of material, including
but not limited to oils, plastics, resins, etc.
An area of mature deciduous and/or evergreen trees covering
a lot or a portion of a lot and consisting of 30% or more of a largely
deciduous canopy of trees having a ten-inch or greater caliper, or
any grove of deciduous trees consisting of eight or more trees having
an eighteen-inch or greater caliper.
Front and rear yard depths and side yard widths are the respective
distances from the lot line to the nearest point of the building.
Front yard depth and side yard width shall be measured at right angles
from the building to the nearest location of the lot line. Rear yard
depth shall be measured at a right angle from the rear of the building
to the nearest location of the lot line.
The rear lot line is that lot line most nearly parallel to the
front lot line. In the case of triangular lots, the intersection of
the side lot lines shall be treated as the midpoint of the rear lot
line.
For the purpose of identifying the various yards, a house on
a corner lot shall be considered as fronting on the street from which
it derives its house number.
An establishment providing routine or advanced testing by
physicians, lab technicians and other practitioners to aid in the
detection and prevention of diseases, provided that patients are not
kept overnight except under emergency conditions.
A building used exclusively by physicians, dentists or other
medical personnel for the treatment and examination of patients solely
on an outpatient basis, provided that no overnight patients shall
be kept on the premises.
A street predominantly serving as an access street to a particular
lot or serving another minor function.
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 parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
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.
Areas of existing topography where the slope equals or exceeds
15% but does not equal or exceed 25% from the top to bottom of the
break in grade.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 9-19-2018 by Ord.
No. 645-2018]
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
[Added 9-19-2018 by Ord.
No. 645-2018]
A building or group of buildings in which lodging is provided
to transient guests, offered to the public for compensation.
A building containing more than one dwelling unit.
Any land, building, facility or infrastructure owned or operated
by Franklin Park Borough.
Franklin Park Borough.
The Pennsylvania Municipalities Planning Code, Act No. 247
of 1968, P.L. 805, as amended.[8]
A municipal sewage disposal system shall be one which is
owned and operated by the municipality and which has been approved
by the appropriate county and state officials, agencies having jurisdiction
over such matters and/or a municipal authority.
A municipal water supply system shall be one which is owned
and operated by the municipality and which has been approved by the
appropriate county and state officials or agencies having jurisdiction
over such matters and/or a municipal authority.
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 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 requirements of § 212-1907B of this chapter.
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 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 such ordinance or amendment
or prior to the application of such ordinance 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 this chapter or any 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.
Any small tree or shrub below the size specified in Table
20-1,[9] which may add to a building's aesthetic but has no point
value in meeting the requirements in § 212-2003.
Wireless communications facilities located on existing structures,
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flagpoles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
[Added 9-19-2018 by Ord.
No. 645-2018]
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernible turgid state.
The outdoor raising of plants, shrubs and trees for sale
and transplantation.
A facility licensed to operate as such by the Commonwealth
of Pennsylvania for the purpose of providing skilled nursing care
or intermediate nursing care, or both levels of care, to two or more
patients who are unrelated to the nursing home administrator for a
period exceeding 24 hours.
The office of a member of a recognized profession maintained
for the conduct of business in any of the following related categories:
architectural, engineering, planning, law, interior design, accounting,
insurance, real estate, medical, dental, optical, or any similar type
of profession.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through, and
below the surface of the earth and defined as follows: Gas is a fluid,
combustible or noncombustible, which is produced in a natural state
from the earth and maintains a gaseous or rarified state at standard
temperature of 60° F. and pressure 14.7 PSIA or any manufactured
gas, by-product gas or mixture of gases or natural gas liquids. Oil
is defined as hydrocarbons in liquid form at standard temperature
of 60° F. and pressure 14.7 PSIA, also referred to as petroleum.
[Added 9-18-2019 by Ord. No. 648-2018]
[Added 9-18-2019 by Ord. No. 648-2018]
NATURAL GAS COMPRESSOR STATIONA 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.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
A land development which includes well site preparation,
well site construction, drilling, fracturing, and/or site restoration
associated with an oil and gas well of any depth and related activities
such as water and other fluid storage; gas reservoirs; impoundment
and transportation used for such activities; the installation and
use of all associated equipment, including tanks, meters, and other
equipment and structures, whether permanent or temporary; the site
preparation, construction, installation, maintenance and repair of
oil and gas pipelines, not regulated by the Pennsylvania Public Utility
Commission or United States Department of Transportation, Office of
Pipeline Safety, and associated equipment; and all other equipment
and activities associated with the exploration for, production and
recovery of and transportation of oil and gas, including structures
defined as other support facilities or structures performing similar
functions that operate as midstream facilities, but excluding natural
gas compressor stations and natural gas processing plants.
[Added 9-18-2019 by Ord. No. 648-2018]
Any surface property for which the underlying oil and gas
rights are leased for development and/or under the control of the
operator.
[Added 9-18-2019 by Ord. No. 648-2018]
A lot, parcel or parcels of land or a body of water, portions
thereof or a combination thereof in any given development, the amount
of which has been determined for each zoning district, that is to
remain generally free of buildings or other structures.
The person designated as operator on the permit application
and, if a separate entity from the operator, the owner of the oil
and gas development or facility which is the subject of the application.
[Added 9-18-2019 by Ord. No. 648-2018]
The keeping, in an unroofed area, of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.
A patient receiving medical services at a hospital, clinic
or any other medical facility that does not include an overnight stay.
An area where certain additional requirements are superimposed
upon a base zoning district or underlying district and where the requirements
of the base or underlying district may or may not be altered.
A noncommercial, not-for-profit facility designed to serve
the recreation needs of the community.
PARKING AREA, PRIVATEAn open, off-street area, other than a private street or way (with adequate means of access), used exclusively for the parking of automobiles of occupants of the premises.
PARKING AREA, PUBLICAn open, off-street area, other than a private street or way (with adequate means of access), available to the general public for the parking of motor vehicles.
A structure designed to accommodate vehicular parking spaces
that are fully or partially enclosed or located on the deck surface
of the building. This definition includes parking garages, deck parking,
and underground or under-building parking areas.
An open area, excluding a street or other public way, used
for the parking of motor vehicles, whether for free or for compensation.
A car or a truck used to transport passengers, excluding
buses and trains.
The PUC is the state agency charged with ensuring that Pennsylvania
residents are provided with safe and reliable utility service. The
PUC is charged with overseeing all aspects of utility operations and
reviews and approves proposed utility rate hikes.
A stream that has continuous flow in parts of its stream
bed all year round during years of normal rainfall.
[Added 9-18-2019 by Ord. No. 648-2018]
Shall consist of the area designated by the applicant on
the approved plat detailing the outer boundary of the area where the
wellhead and permanent above-ground equipment and structures associated
with the production and operation of oil and gas wells and/or post-hydraulic
fracturing are permitted.
[Added 9-18-2019 by Ord. No. 648-2018]
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 Borough, or to any department or agency of
the Borough.
[Amended 9-19-2018 by Ord. No. 645-2018]
A facility licensed to operate as such by the Commonwealth
of Pennsylvania, where a sleeping room and board is provided to more
than three permanent residents who are not relatives of the operator
and who are mobile or semimobile but who require specialized services
in such matters as bathing, dressing, diet and medication prescribed
for self-administration for a period exceeding 24 hours, but who are
not in need of hospitalization and/or skilled nursing care and/or
intermediate nursing care.
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
including but not limited to barbershops and beauty shops, dog grooming,
tailor, dressmaker, shoe repair, photographer, laundry and dry-cleaning
pickup and the like.
A building or structure, or group of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services.
A map, drawing or print, which shall be stamped by a professional
engineer or registered surveyor, accurately drawn to scale showing
the proposed or existing location of a well or wells, well pad and
permanent facility area. The plat must show protected structure setbacks.
[Added 9-18-2019 by Ord. No. 648-2018]
Soils determined to be such by the United States Department
of Agriculture.
See "building."
See "use."
A business establishment primarily engaged in serving consumers
and other businesses in the reproduction of documents through digital
technology or machines.
A building and related facilities owned or operated by a
corporation, association or group of individuals established for the
fraternal, social, educational, recreational or cultural enrichment
of its members and not primarily for profit and whose members meet
certain prescribed qualifications for membership and pay dues.
Recreation facilities and supporting buildings owned by the
members and open only to members and their guests for a membership
fee. These facilities are primarily supporting sports and recreational
activities in which the participants are actively engaged. Included
are swimming, tennis, health and exercise and similar uses.
A private way, used or intended to be used for passage by
motor vehicles, owned and maintained privately and not maintained
by the Borough.
Any water supply which is not provided by a water company
and not delivered through water mains. The sources of the supply may
be a well, borehole, spring, stream, river, lake or pond. The supply
may serve just one property or several properties through a network
of pipes.
[Added 9-18-2019 by Ord. No. 648-2018]
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accounts,
engineers, geologists, land surveyors, landscape architects or planners.
An architectural feature, including bays, balconies, chimneys,
stairways, canopies as used in vehicular drive-in facilities and similar
structures. Roof overhangs, eaves, cornices, terraces and unenclosed,
uncovered porches less than three feet above grade are not considered
projections.
Any leased or owner-occupied residence,
leased or owner-occupied commercial business, school, religious institution
or other public building that may be impacted by noise or other external
impacts generated from activity associated with an oil and gas development
and/or a natural gas compressor station or natural gas processing
plant. This term shall not include:
Any structure on which construction
commenced after an operator filed an application for a conditional
use pursuant to Article 1400;
Any structure located on a property
where the surface owner of the property has signed a waiver relieving
the operator(s) from implementation of the requirements established
in Article 1400 for the owner's benefit; and
Any structure located on a property
where the owner has signed an agreement granting surface rights to
drill a well and/or to erect and maintain a natural gas compressor
station or processing plant.
In any waiver under Subsection A(2) above, the surface owner must acknowledge that s/he has notified all residents on the property and that the operator is explicitly relieved from complying with the regulations applicable to the protected structure. The waiver must be notarized and approved by the municipal solicitor.
[Added 9-18-2019 by Ord. No. 648-2018]
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing. In case of conflict,
the definition of "public notice" contained in the MPC,[10] as the same may be amended from time to time, shall prevail.
An area of land owned and maintained by the municipality,
the North Allegheny School District, the Allegheny Land Trust, a nonpublic
or private academic institution licensed by the Commonwealth of Pennsylvania,
or a homeowners' association or similar neighborhood association and
used for active parks, playgrounds, athletic facilities, athletic
fields, swimming pools, trails for walking, biking, hiking and similar
recreational uses.
[Added 9-18-2019 by Ord. No. 648-2018]
A building or structure used or intended to be used by any
public utility, including but not limited to treatment plant reservoir,
tank or other storage facility, water treatment plant, well, reservoir,
tank or other storage facility, electric-generating plant, distribution
or transmission substation, telephone switching or other communications
plant, any storage yard for public utility equipment or vehicles,
and any parking lot for parking vehicles or automobiles to serve a
public utility.
Pennsylvania Public Utility Commission.
A place designed and equipped for the conduct of sports and
leisure activities.
A vehicle or attachment to a vehicle which is designed for
human habitation only under transient circumstances, such as camping,
traveling or other leisure-time activities, or any other recreational
equipment such as a boat and its trailer.
Deepening or sidetrack/horizontal drilling of an existing
well bore extending more than 150 feet from said well bore.
[Added 9-18-2019 by Ord. No. 648-2018]
A place dedicated to the fixing and restoration of consumer
goods, other than automobiles.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 9-19-2018 by Ord.
No. 645-2018]
Minimum yard areas mandated by this chapter.
A production facility which carries on investigation in the
natural, physical or social sciences or engineering and development
as an extension of such investigation with the objective of creating
end products and which may include the initial manufacturing of developed
products as an accessory use.
A business establishment located entirely within an enclosed
building which sells goods, services or merchandise to the general
public for personal, household or office consumption and which shall
not include wholesaling, manufacturing or processing of the goods
offered for sale.
A residential development designed primarily or exclusively
for occupancy by elderly or retired persons and which includes one
or more of the following special features or services associated with
the needs of elderly or retired persons, including, but not limited
to, transportation, common dining facilities, laundry service, housekeeping
service, recreation programs, dispensaries, personal services, florist
and/or gift shop, branch bank, postal station, personal care boarding
home, nursing home, assisted living facilities, independent living
facilities and similar services for facilities.
Reentry of an existing well within the existing bore hole
or by deepening or sidetrack/horizontal operations (which do not extend
more than 150 feet horizontally from the existing well bore) or replacement
of well liners or casings.
[Added 9-18-2019 by Ord. No. 648-2018]
Land set aside for use as a street, alley or other means
of travel. With respect to use by utilities, see "easement."
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary as appropriate to provide adequate width for future street improvements.
A vegetated buffer strip along a watercourse that filters
stormwater and provides wildlife habitat.
See "boarder."
Any public or private institution offering instruction for
students up to and through the secondary level.
A building or group of buildings in a controlled-access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled-access stalls and/or lockers leased by the general
public for a specified period of time for the dead storage of personal
property.
Any enterprise conducted for gain which primarily offers
services to the general populace, such as shoe repair, valet service,
watch repair, barbershop, beauty parlor, and similar services and
activities related to the personal needs of people, but not including
massage or similar services.
The minimum horizontal distance between the lot or property
line and the nearest front, side or rear line of the building (as
the case may be), including terraces, patios, decks or any covered
projection thereof, excluding steps.
PUBLIC SEWER SYSTEMAny municipal system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant. It shall also be referred to as an "off-lot sewer" or "off-site sewer." This shall include capped sewers when installed to Borough specifications.
PRIVATE SEWER SYSTEMAny privately owned and maintained system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central septic tank disposal system. It shall also be referred to as an "off-lot sewer" or "off-site sewer."
PRIVATE SEWAGE DISPOSALAn on-lot disposal system providing for the disposal of effluent for one building and its accessory buildings on a single lot, subject to the approval of the Allegheny County Health Department.
Patently offensive representations or descriptions of intimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, sadomasochistic abuse, sodomy, sexual intercourse or physical
contact with a person's clothed or unclothed genitals, pubic area,
buttocks or, if such person be female, breast.
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, and provision for goods' delivery separated from
customer access.
See "shopping center."
A detached residential building which contains one dwelling
unit and which is the only principal building on the lot.
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into one or more lots.
All land area within the site as defined in the deed. The
actual area shall be from the actual site survey rather than the deed
description.
Professionally supervised nursing care and related medical
or other health services provided for a period exceeding 24 hours
to an individual who is not in need of hospitalization but whose needs
are such that they can only be met in a nursing home on an inpatient
basis and who needs care because of age, illness, disease, injury,
convalescence or physical or mental infirmity, including the provision
of daily inpatient services that are needed on a daily basis by the
patient, ordered by a physician, which require the skills of and are
furnished directly by or under the supervision of technical or professional
personnel, including but not limited to registered nurses, licensed
practical nurses, physical therapists, occupational therapists, speech
pathologists or audiologists.
Areas where the average slope exceeds 8%, which are subject
because of the slope to high rates of stormwater runoff and, therefore,
erosion.
The Solicitor of the Borough of Franklin Park.
Any land used for the disposal or storage of solid waste
material, including garbage, sewage, trash, rubble, construction debris,
and all other kinds of organic or inorganic refuse by abandonment,
discarding, dumping, reduction, burial, incineration, or any other
similar means.
The regional planning body for the Southwestern Pennsylvania
Region consisting of a ten-county area.
An establishment devoted exclusively to the sale of distinctive,
high-quality merchandise, including one or more of the following:
art and photography galleries or studios; antiques; books; boutique
items; candles; candy; cards and stationary; cut and dried flowers;
gifts; handicrafts; homemade and gourmet food and baked items; interior
decorator items; leather goods; men's, ladies' and children's apparel;
pipes and tobacco; and shops of a similar nature, but not including
adult uses.
Land or buildings for the pursuit of athletic activities
and similar leisure-time activities such as golf courses, swimming
pools, tennis courts, or ball fields, which are operated by a governmental
or nonprofit organization.
Any lot on which horses are kept, boarded, trained and/or
rented for profit.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 9-19-2018 by Ord.
No. 645-2018]
Areas of existing topography where in over a one-hundred-foot
horizontal distance the difference in elevation is over 20 feet or
where the slope equals or exceeds 25% from the top to bottom of the
break in grade.
Any action taken with respect to a well that is intended
to stimulate or enhance the flow of oil and gas production.
[Added 9-18-2019 by Ord. No. 648-2018]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is not a floor above it, then the space between the floor and the
ceiling next above it. A basement shall not be counted as a story
for the purpose of height measurement unless 1/2 or more of its volume
is above the average level of the adjacent ground.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that, where
a future right-of-way width for a street or streets has been established,
then that width shall determine the location of the street line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Structures
include, but are not limited to, buildings, garages, sheds, walls,
fences and signs.
Any structure or building that is subordinate to and contributing
to the use of the main structure.
The division or redivision of a lot, tract or parcel of land,
by any means, into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings shall be exempted.
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
herein if necessary to avoid interference with existing antennae;
or 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.
[Added 9-19-2018 by Ord.
No. 645-2018]
A retail store the primary function of which is the sale
of staple goods and other basic life necessities.
Any body of water, but not including farm ponds, used for
public bathing, swimming or wading that is regulated by the Pennsylvania
Uniform Construction Code and the Public Bathing Law (35 P.S. § 672
et seq.).
Any private pool, open tank or other container that is 24
inches or deeper, but not including farm ponds, designed, installed
or used for swimming, wading or recreational bathing.
An establishment used primarily for the serving of alcoholic
beverages by the drink to the general public and where food or packaged
alcoholic beverages may be served or sold only as accessory to the
primary use.
A structure or use necessary during construction or other
special circumstances of a nonrecurring nature.
A young children's playground containing equipment and facilities
that primarily meets the recreational needs of children eight years
of age or younger.
Any structure that is used for the primary purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
[Added 9-19-2018 by Ord.
No. 645-2018]
A residential building containing at least three, but no
more than six, dwelling units, each of which is separated from the
adjoining unit or units by a continuous, unpierced vertical wall extending
from basement to roof, each unit having independent access directly
to the outside and having no other units above or below.
An area, parcel, site, piece of land or property which is
the subject of a development application.
See "automobile sales."
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring; loading and
unloading goods.
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from a geological shale
formation existing below the base of the Elk Sandstone or its geologic
equivalent stratigraphic interval where natural gas generally cannot
be produced at economic flow rates or in economic volumes except by
vertical or horizontal well bores stimulated by fracking or by using
multilateral well bores or other techniques to expose more of the
formation to the well bore.
[Added 9-18-2019 by Ord. No. 648-2018]
The Pennsylvania Construction Code, Act 45 of 1999,[11] as amended, adopted the 1999 BOCA (Building Officials
and Code Administrators International, Inc.) National Building Code,
14th Edition, as the Uniform Construction Code, rather than specifying
its own regulations. The BOCA National Building Code includes provisions
for electrical, mechanical, plumbing and gas work. The Uniform Construction
Code Act applies to all construction, alteration, repair and occupancy
in all structures within the state of Pennsylvania.[12]
A business that repairs and replaces upholstery to household
and office furnishings; does not include motor vehicle upholstering
or repair.
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land.
USE, ACCESSORYA use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with the principal use.
USE, PRINCIPALThe main use on a lot.
As applied to any land or building, includes the words "intended,
arranged or designed to be occupied."
Those services customarily rendered by public utility corporations,
municipalities or municipal authorities in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles and the like).
A modification of the literal provisions of this chapter
which the Franklin Park Borough Zoning Hearing Board is permitted
to grant when strict enforcement of such provisions would cause undue
hardship owing to circumstances unique to the individual property
concerning which the variance is sought in accordance with the provisions
of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A business establishment that performs inspections and/or
services motor vehicles with all types of repair work, including engine
and transmission repairs, body work, painting, car washing, or similar
activities.
Any lot or parcel, or part thereof, including automobile
graveyards, where a salvage vehicle, or parts thereof, are located
for the purposes of resale as parts or parts as salvage only.
Sale of new vehicular accessories, parts, tires, batteries
and other supplies.
A business establishment owned and operated by a veterinary
medical doctor(s), certified in the Commonwealth of Pennsylvania,
for the medical or surgical treatment of domestic, agricultural or
zoological animals but excluding the boarding and grooming of animals
not subjected to medical or surgical treatment.
A sign attached parallel to but within 12 inches of a wall,
painted on the wall surface or erected and confined within the limits
of an outside wall of any building or structure, which is supported
by such wall or building and which displays only one sign surface.
A building used for the storage of goods and merchandise.
An establishment for the storage and handling of freight or merchandise,
but not including the maintenance or fueling of commercial vehicles.
Water which has been previously used for industrial, municipal,
domestic or other purposes including those associated with fracturing,
drilling flowback, and other drilling related activities.
[Added 9-18-2019 by Ord. No. 648-2018]
Natural or once naturally flowing (perennially or intermittently)
water, including rivers, streams and creeks. Includes natural waterways
that have been channelized, but does not include man-made channels,
ditches and underground drainage and sewage systems.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et. seq.).
[Added 9-19-2018 by Ord.
No. 645-2018]
A bore hole drilled or being drilled for the purpose of,
or to be used for producing, extracting or injecting any gas, petroleum
or other liquid related to oil or gas production or storage, including
brine disposal, but excluding bore holes drilled to produce potable
water to be used as such.
[Added 9-18-2019 by Ord. No. 648-2018]
Shall consist of the area designated on the approved plat
that includes the area accommodating all structures and equipment
associated with or incidental to construction, drilling, fracturing
and resource recovery prior to the establishment of the permanent
facility area, specifically excluding access roads.
[Added 9-18-2019 by Ord. No. 648-2018]
The hole or shaft that is bored, drilled or driven to aid
in the exploration and recovery of natural resources including oil
and gas.
[Added 9-18-2019 by Ord. No. 648-2018]
The component at the surface of an oil or gas well that provides
the structural and pressure-containing interface for the drilling
and production equipment. The wellhead is established after the completion
of the hydraulic fracturing and is often referred to as the "christmas
tree" within the oil and gas industry.
[Added 9-18-2019 by Ord. No. 648-2018]
All areas regulated as wetlands by the Pennsylvania Department
of Environmental Protection or federal agencies.
An establishment or place of business primarily engaged in
selling or distributing merchandise to industrial, commercial, institutional
or professional or to other business users.
Any business sign which is oriented to the public right-of-way
and is attached to the outside or inside of a window.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 9-19-2018 by Ord.
No. 645-2018]
The set of equipment and network components, including antennae,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
[Added 9-19-2018 by Ord.
No. 645-2018]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
[Added 9-19-2018 by Ord.
No. 645-2018]
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, that could
support the placement or installation of wireless communications facilities
if approved by the municipality.
[Added 9-19-2018 by Ord.
No. 645-2018]
An open space, unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required yard shall be measured
as the shortest distance between the structure and a lot line or street
line.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
A section of Franklin Park Borough for which uniform regulations
governing the use, height, area, density and intensity of use of buildings
and land and open space about buildings are herein established.
A tract of land occupied or to be occupied by a principal
building and its accessory facilities, together with such open spaces
and yards as are required under the provisions of this chapter, having
not less than the minimum area required by this chapter for a zoning
purpose in the district in which such land is situated and having
its principal frontage on a public street of standard width and improvement.
A zoning lot need not necessarily coincide with the lot of record.
[1]
Editor's Note: The definition of "building, accessory" is
located under the definition of "building."
[2]
Editor's Note: The definition of "use, accessory" is located
under the definition of "use."
[3]
Editor's Note: The definition of "structure, accessory" is
located under the definition of "structure."
[4]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[5]
Editor's Note: The former definition of "commercial telecommunications
tower," which immediately preceded this definition, was repealed 9-19-2018
by Ord. No. 645-2018.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 53 P.S. § 10503(1.1).
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See § 212-2004 for Table 20-1, Landscaping
Points and Minimum Plant Sizes.
[10]
Editor's Note: See 53 P.S. § 10107 for the definition
of "public notice."
[11]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[12]
Editor's Note: See 34 Pa. Code § 403.21, Uniform Construction
Code, for the current list of international codes adopted by reference
as the Uniform Construction Code
A.
The terms defined in § 212-202 which govern area and
bulk regulations are illustrated in Figure 2-1.
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Figure 2-1: Illustrated Area and Bulk Regulation Terms
 |
