This article describes land uses and other terms relevant to
this chapter.
For the purpose of this chapter, certain words shall have the
meanings assigned to them, as follows:
A.
Words used in the present tense include the future. The singular
number includes the plural and the plural the singular.
B.
The word "building" includes "structure" and any part thereof.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" or "occupied for."
D.
The word "person" includes an individual, corporation, partnership,
incorporated association or any other similar entity.
E.
The word "includes" or "including" shall not limit the term to the
specified example but is intended to extend its meaning to all other
instances of like kind and character.
The following words and phrases shall have the meanings given
in this section, as follows:
A building or use customarily incidental and subordinate
to the principal building or use and located on the same lot with
such principal building or use.
An accessory use includes, but is not limited to, the following:
Children's playhouse, garden house or private greenhouse.
Civil defense shelter serving not more than two families.
Carport, utility shed, shed or building for domestic storage.
Storage of merchandise normally carried in stock on the same
lot with any commercial use unless such storage is excluded by the
district regulations.
Storage of goods used in or produced by manufacturing activities,
on the same lot or parcel of ground with such activities, unless such
storage is excluded by district regulations.
Nonpaying guesthouse or rooms for nonpaying guests within an
accessory building, provided that such facilities are used for the
occasional housing of guests or occupants of the principal building
and not for permanent occupancy by others as housekeeping units.
Servants' quarters or servants' house.
Off-street motor vehicle parking area; loading and unloading
facility.
Home occupation.
Fence.
All accessory uses shall be governed by this chapter.
A marker, not more than two square feet in size, indicating
address and/or name of a residential property or indicating the address
of a commercial property.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Allegheny County
Airport is 1,250 feet above mean sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 P.S. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this article and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
A service way providing a secondary public means of access
to abutting properties, or a way as shown on a recorded plan.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location to another, or any change in use from that
of one zoning district classification to another.
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1,[2] is derived from the approach surface. Figure 1 is on file
in the Borough offices.
The size of a building or land parcel in square feet or acres.
The total of areas taken on a horizontal plane from ground
to the sky of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exterior
walls, or from the center line of common walls separating buildings.
For purposes of determining parking and loading space requirements
for the several zoning districts herein, the floor area of a building
or buildings shall include basement space, penthouses, attic space
providing structural headroom of 7 1/2 feet or more, interior
balconies and mezzanine enclosed porches, accessory uses other than
accessory off-street parking, lobbies and hallways. For determination
of parking and loading space requirements, the following areas shall
not be included: basement space, elevator shafts and stairwells, floor
space for mechanical equipment as necessary to service the needs of
the building, uncovered steps, terraces, breezeways, open spaces unroofed
unless specifically required in the parking regulations herein, and
fitting and dressing rooms.
An establishment, in conjunction with or without a dwelling,
designed for the preparation, instruction, display and/or sale of
individually crafted work related to artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, literature
or performance of fine arts such as but not limited to drawing, vocal
or instrumental music.
A self-propelled, free-moving vehicle, primarily used for
personal conveyance on a public street or way.
An open area, other than a street or way, used for the display
of new and/or used automobiles or trailers, and where minor and incidental
repair work (other than body and fender repair) may be done.
A building(s), premises or portions thereof which are used,
arranged, designed or intended to be used for the retail sale of gasoline
or other fuel for motor vehicles, boats or aircraft, as well as for
minor automobile repair, including state inspections.
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles, but not
including an incidental one-bay washing facility in a gasoline service
station where washing facilities are purely incidental to the operation
of said service station. A self-operated vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be an "automobile laundry" under this definition.
Engine rebuilding or major reconditioning of worn or damaged
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repairs; and overall painting of vehicles.
A sign painted or incorporated into a roof-like cover often
made of fabric, metal or glass designed and intended for protection
from the weather or as a decorative embellishment which projects from
a wall or roof over a window, walk or door.
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served
only as accessory use, where live entertainment (not including adult
entertainment) may also be provided, and where minors are not admitted
unless accompanied by a parent or guardian.
A story partially underground, but having more than 1/2 of
its height above the average level of the adjoining ground. A "basement"
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is five feet or more or if the basement is
used for business or dwelling purposes.
A sign that conveys information regarding an establishment,
an activity, a person, a product, or a service that is unrelated to
or unavailable on the premises on which the sign is located.
The Borough of Baldwin.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other landscaping material and within which
no structure is permitted except a wall or fence.
A structure or appendage to a structure which is permanently
affixed to the land, has one or more floors or stories and is bounded
by either lot lines or yards. A building may accommodate more than
one family and have more than one dwelling unit and may be used for
residential, commercial, manufacturing, public or semipublic purposes.
A business establishment specializing in the sale and/or
short- or long-term storage of wholesale and/or retail construction
supplies and materials for home improvement.
The vertical distance measured from the lowest elevation
of the finished grade around the building to the highest point of
the roof for flat roofs, to the deckline of mansard roofs, and to
the mean height between eave and ridge for gable, hip and gambrel
roofs.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include walks, steps or terraces.
The term used to describe the size of buildings or other
structures and their relationship to each other, to open area such
as yards and to lot lines and includes the size, height and floor
area of a building or other structure; the relation of the number
of dwelling units in a residential building to the area of the lot
(usually called "density"); and all open areas in yard space relating
to buildings and other structures.
A structure with a roof, no walls and four corner supports,
but containing no side sections and which is intended to provide covered
parking for motor vehicles.
Land used or intended to be used for the burial of dead humans
and dedicated for cemetery purposes, including columbariums, crematories,
mausoleums and mortuaries, when operated in conjunction with and within
the boundary of such property.
All references to the "Commission" are to be the Borough
of Baldwin Planning Commission.
Towers, antennas and associated structures operated by any
person, agency or corporation who or which furnishes wireless, mobile
cellular radio telecommunications services, radio, television and/or
other communications services for public or private use, excluding,
however, police, fire and emergency transmissions by governmental
units. This includes communication antennas, towers, and equipment
transmitting and receiving facilities.
Those uses of property allowed in certain districts of the
Borough, not as a matter of right, but after approval of the governing
body upon recommendation of the Planning Commission and upon the meeting
of certain conditions that may be imposed thereon.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown in Figure 1,[3] is based on the conical surface. Figure 1 is on file in
the Borough offices.
A trailer rendered immobile and placed on either a temporary
or permanent foundation for use as sleeping or living quarters. A
converted house trailer is considered a mobile home.
A lot bounded on adjacent sides by intersecting streets.
On through lots, the front lot line shall be located on the side having
principal access. The required setback on all sides bounded by a street
shall equal the building setback line of the district in which the
corner lot is situated. With regards to decorative fences, the established
front yard will be the yard facing the street or road bearing the
mailing address of the property. The other yard will be considered
the side yard and shall be required to comply with the front yard
requirements regarding fences.
All references to the "Council" are to the Council of the
Borough of Baldwin.
That percentage of the lot area covered by the building area.
A location containing properly installed, certified apparatus
intended for use in the act of cremation.
A facility designed to provide daytime care or instruction
for two or more children or adults, whose numbers shall be determined
by the sponsoring agency or persons establishing the same and who
meet all applicable state and federal requirements, if any, for operation
of the same.
Maximum number of dwelling units permitted per acre or per
lot.
Pennsylvania Department of Transportation.
A section of the Borough for which uniform regulations governing
the use, height, area and intensity of use of buildings and land and
open spaces about buildings are established.
An accessory use or structure that provides an access drive
connecting to and from the public right-of-way for motor vehicles
so as to serve patrons while in their motor vehicle(s).
A business establishment for receiving, pickup and pressing
of garments where no cleaning or drying operations are conducted.
An establishment for the cleaning of clothing and fabric
with chemical solvents rather than water.
A building designed or used exclusively as the living quarters
for one or more families.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling or group of dwellings on one plot or lot containing
separate living units or dwelling units for three or more families,
but which may have joint services or facilities, or both, and not
exceeding three stories in height.
A multiple-family dwelling of more than three stories, but
not exceeding seven stories and 75 feet in height, unless further
restricted in district regulations herein.
A building that contains at least three dwelling units, each
of which are separated from the adjoining unit or units by a continuous,
common wall extending from the basement to the roof, each unit having
independent access directly to the outside and having no other units
above or below.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other, with separate dwelling unit entrances.
A nonpossessory right to use and/or enter into the real property
of another without possessing it. Authorization by a lot owner of
the use by another and for a specified purpose of any designated part
of his lot.
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
An enterprise operated for profit by other than a public
entity completely within an enclosed structure for the pursuit of
sports, recreation and entertainment activities, including, but not
limited to, such establishment as theaters, multiplex theaters, dance
halls, bowling alleys, fitness centers, indoor racquet clubs and the
like. This does not include a sexually oriented business.
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, communication, supply or disposal systems.
Federal Aviation Administration of the United States Department
of Transportation.
Land devoted to agriculture, stock-raising, dairy, produce
or allied industry that may include a private stable not less than
200 feet distant from any adjacent property line.
An enclosure or barrier not exceeding six feet in height
where the open portion thereof exceeds in area the closed portion.
A business establishment where the principal business is
the receipt, disbursement, or exchange of funds and currencies such
as banks, savings, loans, credit unions or check cashing establishments.
Establishment may or may not offer a drive-through window.
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified), and measurable with an illuminance
meter, aka "light meter."
Attribute of a luminaire from which no light is emitted at
or above a horizontal plane drawn through the lowest light-emitting
portion of the luminaire, and no more than 10% of the lamp's intensity
is emitted at or above an angle 10° below that horizontal plane
at all lateral angles around the luminaire. A full-cutoff luminaire,
by definition, also is "fully shielded."
Attribute of a luminaire from which no light is emitted at
or above a horizontal plane drawn through the lowest light-emitting
portion of the luminaire.
A building licensed by the Commonwealth of Pennsylvania that
contains a suitable storage room for the deceased and may include
embalming facilities and rooms for the display of burial ceremonies
of the deceased, but excludes crematories.
An accessory building, housing only automobiles, the property
of and for the use of the occupants of the lot on which the private
garage is located.
An accessory building housing only motor vehicles, the property
of and for the use of occupants of the premises on which the garage
is located. Any such detached garage, notwithstanding any other provision
of this chapter, shall house no more than three vehicles, contain
no more than 700 square feet of area and will be no higher than 12
feet measured from the grade to the eaves and be no closer than 10
feet from any side yard and no closer than five feet from any rear
yard.
Any garage other than a private detached garage or a private
garage, available to the public, and which is used for storage, parking,
repair, rental, greasing, washing, servicing, adjusting or equipping
of motor-driven vehicles.
A business enterprise which conducts the retail of plants
grown off-site, as well as accessory items (but not power equipment
such as gas or electric lawnmowers and farm implements) directly related
to their care and maintenance. The accessory items normally sold are
clay pots, potting soil, fertilizers, insecticides, hanging baskets,
rakes and shovels.
Excessive brightness in the field of view that is sufficiently
greater than that to which the eyes are adapted to cause annoyance
or loss in visual performance and visibility so as to jeopardize health,
safety or welfare.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A high-rise dwelling unit is generally considered to be a
multiple-family dwelling exceeding seven habitable stories or 70 feet
in height. The height shall be measured from the lowest point of the
ground surface around the building.
A business administered or conducted clearly secondary to
the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use. The business must
satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than members residing
in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
No on-site parking of commercially identified vehicles shall
be permitted.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volumes or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A business conducted within a dwelling whereas said business
is not classified as a home-based business, no-impact.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[4] is derived from the horizontal surface. Figure 1 is on
file in the Borough Offices.
An institution or building for reception, care and medical
treatment of the sick or injured, containing facilities for surgery
and twenty-four-hour-per-day emergency treatment, including ancillary
commercial activities customarily incident thereto.
Quantity of incident light, measured in footcandles.
Any type of structure, excavation or paved section or change
thereof.
Any dwelling, home, house, multiple-family dwelling, hotel,
motel, building, structure or facility or any part or portion of any
of those previously identified items established, used and/or operated
as the temporary or permanent residence or shelter, for more than
one full day, for more than two persons who are not relatives of the
operator. The term "institutional home" shall include the facilities
as defined herein regardless of whether such facilities are established,
owned, used or operated as private or public facilities, as profit-making
facilities or entities or as charitable facilities or entities, and
regardless of what name, title, description or designation might be
applied to such facilities by the owners and/or operators thereof.
The term "institutional home" shall include but shall not be limited
to such facilities as hospices, detention facilities, halfway houses,
regardless of the nature of the residents thereof, asylums, orphanages,
rehabilitation facilities, sanitariums, vocational training facilities,
nursing homes and the like. The term shall include any facilities
established, owned, used or operated as public or private facilities,
as profit-making facilities or entities or as charitable facilities
or entities, regardless of what name, title or designation might be
applied to such facilities by the owners thereof.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
A building or room containing collections of books, periodicals,
and sometimes films and recorded music for people to read, borrow,
or refer to; a building in which objects of historical, scientific,
artistic, or cultural interest are stored and exhibited.
Light emitted by a luminaire or installation which is cast
beyond the boundaries of the property on which the lighting installation
is sited.
An off-street space or berth, abutting upon a street or way
or other appropriate means of access, intended for the temporary parking
of a commercial vehicle while loading or unloading merchandise or
materials, which space or berth is not less than 10 feet in width
and of sufficient length to ensure that no vehicle using the space
shall extend beyond the property line, and in no case shall the space
or berth be less than 25 feet in length.
A parcel, tract or area of land accessible by means of a
public street. It may be a single parcel separately described in a
deed or plat which is recorded in the office of the County Recorder,
or it may include parts of or a combination of such parcels when adjacent
to one another and used as one parcel.
In the case of an interior lot, the line separating the lot
from the street.
The line generally parallel to the front lot line which defines
the rear of the lot.
Any lot line which is not a front lot line or a rear lot
line.
The horizontal distance between side lot lines measured along
the front lot line or the building setback line.
The mean horizontal distance between the front lot line and
the rear lot line, measured midway between the side lot lines.
A lot having frontage on two parallel or approximately parallel
streets and which is not a corner lot.
As used in the context of this section, the light-output
rating of a lamp (light bulb).
The process of making wares by hand, by machinery or by other
agency, often with the provision of labor and the use of machinery.
A facility for the outpatient diagnosis and treatment of
human ailments not involving twenty-four-hour-per-day operation and
not involving sale of drugs or foodstuffs on the premises.
A lot or building on or in which various land uses are combined
as an integrated development. A "single site" may include contiguous
but unconsolidated lots.
Any licensed or unlicensed piece of mobile equipment designed
or constructed to be towed, pulled by a motor vehicle or self-propelled,
regardless of whether the wheels are attached or unattached or a permanent
or semipermanent foundation is constructed underneath or any structure
of a permanent or semipermanent nature is attached thereto and intended
for human occupancy.
A tract of land containing not less than 10 contiguous acres
used or intended to be used for the parking of mobile homes, together
with the necessary improvements and facilities upon the land.
A building or a group of buildings having units containing
sleeping accommodations which are available for a temporary rental
occupancy by transients and providing sufficient off-street parking
facilities adjacent or convenient thereto. A tourist home containing
provisions or facilities for accommodation of more than two transient
occupants not normally quartered on the premises shall be considered
as a "motel-hotel" facility under the provisions of this chapter.
A building or lot operated or owned by the Borough of Baldwin.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance
or area-type navigation equipment, for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
Any lawful building or other structure which does not conform
to one or more of the applicable area and bulk regulations of the
district in which it is located either on the effective date of this
chapter or as a result of a subsequent amendment thereto.
Any lawful lot which does not conform to one or more of the
applicable area regulations of the district in which it is located
either on the effective date of this chapter or as a result of a subsequent
amendment thereto.
Any lawful use, whether of a building or other structure
or of a tract of land, which does not conform to the applicable use
regulations of the district in which it is located, either on the
effective date of this chapter or as a result of subsequent amendments
thereto. However, no existing use shall be deemed "nonconforming"
solely because of the existence of less than the required off-street
parking or loading conditions or the existence of less than the required
supplementary regulations, excluding signs.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
A building designed or primarily used for office purposes,
no part of which is used for manufacturing or a dwelling other than
living quarters for a watchman or custodian.
Common greens, parks, other recreation space or generally
open areas available to the public; or yards or other open areas provided
in connection with residential buildings occupied by more than two
families per lot which are intended for the sole use of the occupants
of such buildings and their guests.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any lot, parcel or yard used in whole or in part for the
storage or parking of two or more vehicles where such usage is not
incidental to or in conjunction with a one-family or two-family dwelling.
An open or covered area with a paved all-weather surface,
or space in a private garage or other structure, which space shall
be at least nine feet by 20 feet in size for the storage of one automobile,
accessible from a public way.
A percentage which, when multiplied by the lot area, will
determine the permitted ground area which may be covered with an impervious
surface.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
An individual proprietorship, partnership, corporation, association
or other legal entity.
A business enterprise conducted for gain which primarily
offers services to the general public such as shoe repair, valet service,
watch repairing, barbershop, beauty parlors and related activities.
A building where food, shelter and personal assistance or
supervision are provided for at least one full day for three or more
ambulatory adults who are not relatives of the operator and who may
require assistance or supervision in such matters as dressing, bathing,
diet or medication prescribed for self-administration but do not require
hospitalization or care in a skilled nursing or intermediate-care
facility.
A personal-care residence having more than 10 occupants,
including clients (any person who is a resident), operator (any person
responsible for the day-to-day operation and supervision of the home)
and family of the operator. An operator may also be the householder.
A personal-care residence that is limited to no more than
10 persons and no fewer than three persons, including clients (any
person who is a resident), operator (any person responsible for the
day-to-day operation and supervision of the home or residence) and
family of the operator. An operator may also be the householder. Clients
shall be limited to no more than eight persons.
The Planning Commission of the Borough of Baldwin.
A roofed open structure projecting from the front, side or
rear wall(s) of a building.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precisions approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1,[5] is derived from the primary surface. Figure 1 is on file
in the Borough offices.
Any organization or establishment limited to members of an
organization recognized by the commonwealth or other persons specifically
invited or permitted where no inducement or advertisement has been
made to the general public.
An area maintained in its natural state as a private property
for recreation. This use may include playgrounds, lawns, trails, pavilions,
ballfields, courts, tracks and other areas designed and intended for
outdoor recreation.
A room or rooms used for carrying on a professional occupation
which is recognized by the commonwealth and requires a license for
practice. A professional office includes a medical or dental clinic.
A person or entity offering telecommunications services using
duly authorized devices which do not require individual licenses,
but does not mean the provision of direct-to-home satellite services;
the term also relates to providers of facilities for the provision
of personal wireless services and providers of commercial mobile services,
unlicensed wireless services and common carrier wireless exchange
access services.
Leisure-time activities, including but not limited to sports
and entertainment that are open to anyone without restriction, except
for rules and standards of conduct and use.
A service by a company or agency or individual licensed or
regulated by the Public Utility Commission of the Commonwealth of
Pennsylvania, distributing water, gas or electricity by means of a
network of overhead or underground lines, all of which shall be to
provide such services to residents or occupants of properties within
the zoning district of the same; the term shall not include communications
facilities, such as telephone, cellular telecommunications, radio
transmissions, television transmissions or any other communications
services for public or private use, for transmission to persons, residents
or occupants of premises not in the zoning district in which the services
are provided; excluding therefrom, however, police, fire and emergency
transmissions by government units or facilities.
Public utility service buildings, structures or facilities
owned by a public utility as defined herein and which provide the
services for which the building, structure or facility was designed
to residents of the zoning district in which the building, structure
or facility is located. The term shall not include telephones, central
offices, electric substations, communications facilities, tower sites
or other electronic, or radioactive, electromagnetic transmission
towers, antennas or other equipment or facilities for transmission
for use by the general public situate outside the boundaries of the
Borough of Baldwin.
Includes any or all of the following: church, manse, rectory,
convent, parish school or similar building incidental to the particular
use; school for religious education; convents and other buildings
for the housing of students and teachers, communicants and domestic
or maintenance employees, but not including business offices, except
those administrative offices housed within the structure or rescue
missions or the occasional use for religious purposes of properties
not regularly so used.
A place where the principal and substantial activity is the
sale of food and the incidental sale of beverages.
Any business establishment not otherwise specifically defined
in this chapter that sells or rents commodities and/or services on
the premises directly to the general public, available for immediate
purchase and removal, but not including the manufacturing or processing
of any products.
RETAIL, LARGERetail store with a gross floor area equal to or more than 5,000 square feet. This use may include grocery stores and wholesaling but shall not include manufacturing or processing.
RETAIL, SMALLRetail store with a gross floor area less than 5,000 square feet. This use may not include wholesaling, manufacturing or processing of goods.
A type of easement granted or reserved over the land for
transportation purposes as well as electrical transmission lines,
pipelines, maintenance or other uses.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
Any building, group of buildings or grounds, or portion thereof,
used for the purposes of educating individuals.
A business that provides home-type washing, drying or ironing
machines or dry-cleaning machines for hire to be used by customers
on the premises.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center. A sexually
oriented business may include, but is not limited to, any of the following
uses, terms or activities:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore" or "adult video
store." Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an "adult bookstore"
or "adult video store" so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
ADULT CABARETA nightclub or bar or similar commercial establishment which regularly features:
Persons who appear in the state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult-type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or other photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITYThe appearance of a human bare buttock, anus, male genitals, female genitals or female breast. For the purposes of this chapter, nudity does not include modeling for a class operated in a viewing room:
By a proprietary school, licensed by the Commonwealth of Pennsylvania,
or a college, junior college or university supported entirely or partly
by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation;
or
In a structure:
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
Where no more than one nude model is on the premises at any
one time.
SEMINUDEA 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.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
SPECIFIED ANATOMICAL AREASThe male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
SUBSTANTIAL ENLARGEMENT (OF A SEXUALLY ORIENTED BUSINESS)The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL (OF A SEXUALLY ORIENTED BUSINESS)Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
A luminaire from which no direct glare is visible at normal
viewing angles by virtue of its being properly aimed, oriented, and
located and properly fitted with such devices as shields, barn doors,
baffles, louvers, skirts or visors.
A sign is a name, identification, description, display (including
electronic) or illustration which is affixed to, or painted, or represented
directly or indirectly upon a building, structure, or piece of land
and which directs attention to an object, product, place, activity,
person, institution, organization, or business. The definition of
"sign" does not include the display of any official court or public
office notices nor any official or municipal traffic control or parking
sign or device, nor shall it include the flag, emblem or insignia
of a nation, state, county, municipality, school, or a religious group.
A sign shall not include name, identification, description, display
or illustration that is located completely within an enclosed building.
SIGN, ANIMATEDAny sign or part of a sign or sign face that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation of the sign or sign face.
SIGN AREAThe entire sign face (one side only), or, where the sign consists of raised letters or symbols, or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle, circle or oval that can encompass the letters, symbols, or irregularly-shaped sign face.
SIGN, BANNERAny sign intended to be hung, either with or without frames, of lightweight material such as paper, plastic, or fabric of any kind. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.
SIGN, BUILDINGA sign attached to any part of a building, including a sign projecting from a part of a building.
SIGN, CANOPYA sign attached to a roof extension of a building with or without support, but not walls.
SIGN, CHANGEABLE COPY OR LETTERINGA sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged, mechanically or electronically, without altering the face or the surface of the sign.
SIGN, DIRECTIONALA sign, no greater than five square feet in size, that provides on-site directional assistance or instruction to vehicular or pedestrian traffic relative to parking area, entrances and exits. Such sign shall contain no advertising other than the business name or logo and shall provide directional information, such as "No Parking," "Entrance," "Exit," "One Way," "Loading Only," "Telephone," and other similar directives. Directional, incidental signs shall be located only in conjunction with site drive entrances and/or internal traffic drive aisles.
SIGN, FREESTANDINGA sign that is supported from the ground and not attached to a building. The sign may be attached to a pole, mast, frame or other structure that is not itself and integral part of, or attached to, a building.
SIGN, LEDAny sign or portion thereof that displays electronic images, graphics, or pictures, with or without textual information, using LEDs (light emitting diodes), fiber optics, light bulbs, or other illumination devices or combination thereof within the display area and where a static message change sequence is accomplished immediately or by means of fade, repixalation, dissolve or other such modes, devices, processes, products, applications or technologies from a proximate or remote location. Such signs include computer-programmable and microprocessor-controlled electronic displays.
SIGN, MONUMENTA freestanding sign in which a solid structure, the width of which is equal to or greater than the width of the sign face, is used to mount the sign area on, in or as an integral part of such structure.
SIGN, MARQUEEA sign attached to a permanent structure, other than a roof, attached to, supported by, and projecting from, a building, and providing protection from natural elements.
SIGN, POLITICALA temporary sign directly associated with any national, state, or local government election.
SIGN, TEMPORARYAny sign not permanently attached to the ground or other permanent structure, or which is designed to be transported.
SIGN, WALLAny sign painted on or adhered directly to a wall of a building.
A building designed for and occupied exclusively as a residence
for only one family, having no party wall in common with an adjacent
building and having yard areas on all four sides.
A special exception deals with special permission, granted
only by the Zoning Hearing Board, to occupy land for specific purposes
when such use is not permitted by right in the Principal Land Use
Chart.[6]
That portion of a building, other than the basement (as defined),
included between the surface of any floor and the surface of the floor
next above it, or if there is no floor above it, then the space between
the floor and the ceiling next above it.
A right-of-way, or portion thereof, intended for general
public use to provide means of approach for vehicles and pedestrians.
The word "street" includes the words "road," "highway," "thoroughfare"
and "way."
The distance between any vehicular entrance and exit along
a street.
A line which is usually at an equal distance from both lot
lines or right-of-way lines.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
An object, including a mobile object, constructed or installed
by man, including, but not without limitation, buildings, towers,
cranes, smokestacks, earth formation and overhead transmission lines.
A structure used for the purpose of swimming and having a
mean depth of two feet or more.
A device used to collect or transmit telecommunications or
radio signals, such as panels, microwave dishes, single poles known
as whips and such other devices used for these purposes, but which
shall not exceed 10 feet in height or six feet in width, or which
shall not have a diameter of more than six feet in width.
A structure that is intended to support equipment used to
transmit and/or receive telecommunications signals, including monopoles
and lattice construction steel structures.
Any lot or parcel on which communications facilities, as
defined herein, are located or proposed to be located.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1, is derived from the transitional
surface. Figure 1 is on file in the Borough offices.
Any object of natural growth.
A motor-driven vehicle used for hauling purposes.
The specific purpose for which land or a building is designed,
arranged, intended or for which it may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
or less.
A business establishment 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.
A runway intended solely for the operation of aircraft using
visual approach procedures.
A structure containing water, but not used for the purposes
of swimming or landscaping. A "wading pool" is not a reflecting pool
or cooling pool for mechanical equipment or a decorative fountain.
A "wading pool" is no more than two feet in depth and is designed
for use by people.
A space on the same lot with a principal building, open,
unoccupied and unobstructed by structures, except as otherwise provided
in this chapter.
The sale of items by an individual or family conducted on
premises of said individual or family's dwelling.
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar
structures, the depth of which is the least distance between the front
lot line and the building line.
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line, unoccupied
by other than accessory buildings which do not occupy more than 30%
of the space, and steps, walks, terraces, driveways, lampposts and
similar structures, the depth of which is the least distance between
the rear lot line and the rear of such building.
A yard between the principal building and the side lot line
extending from the front yard or from the front lot line, where no
front yard is required, to the rear yard. The width of the required
side yard is measured horizontally and at 90° with the side lot
line, from the nearest part of the principal building.
A map entitled the "Borough of Baldwin, Pennsylvania, Zoning
Map."
[1]
Editor's Note: See 74 P.S. § 5101 et seq.
[2]
Editor's Note: See 74 P.S. § 5101 et seq.
[3]
Editor's Note: See 74 P.S. § 5101 et seq.
[4]
Editor's Note: See 74 P.S. § 5101 et seq.
[5]
Editor's Note: See 74 P.S. § 5101 et seq.
[6]
Editor's Note: Said chart is included as an attachment to this chapter.
