City of New Kensington, PA General Provisions

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video productions, slides, computer diskettes, compact disks or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

ADULT BOOK, VIDEO STORE OR ESTABLISHMENT

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

An establishment having a portion of its stock in trade, including but not limited to books, magazines, photographs, videotapes, computer disks or other materials which are distinguished by their emphasis on matter depicting, describing or relating to obscene materials, as defined herein.

ADULT BOOTH

Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the pictures, or where an entertainer provides adult entertainment of a sexual nature to a member of the public, a patron or a member.

[Added 11-9-1999 by Ord. No. 4-99]

ADULT CABARET

A restaurant, private club, nightclub, bar or similar commercial establishment, whether or not licensed to sell and serve alcoholic beverages, which regularly features:

[Added 11-9-1999 by Ord. No. 4-99]

Performers, employees, independent contractors or other persons who at any time appear nude or seminude;

Live performances which are characterized by the exposure of or exhibition of specified anatomical areas or by specified sexual activities or implied 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 or implied sexual activities and which, if not licensed to sell and/or serve alcoholic beverages, allows or permits patrons to bring alcoholic beverages into the establishment or which provided alcoholic beverages to patrons with or without charge.

ADULT ENTERTAINMENT

Includes either or both of the following:

[Added 11-9-1999 by Ord. No. 4-99]

An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT MINI-MOTION-PICTURE THEATER

A live performance, display or dance of any type, which is a significant or substantial portion of the performance of any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal service offered patrons.

An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

[Added 11-9-1999 by Ord. No. 4-99]

ADULT MOTEL

Any hotel, motel or similar commercial establishment which:

[Added 11-9-1999 by Ord. No. 4-99]

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, 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 or implied sexual activities, and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; and

ADULT MOTION-PICTURE THEATER

Offers sleeping room(s) for rent, four or more times in one calendar year, during five more calendar days in any continuous thirty-day period.

Any commercial establishment where for any form of consideration, films, motion pictures, videocassettes or other photographic reproductions are shown on a regular continuing basis which are rated "X," "XX," "XXX" or any other rating system similar to above or which are predominately characterized by the depiction or description of specified sexual activities or specified anatomical areas or implied sexual activities. For any consideration, films, motion pictures, videocassettes or other photographic reproductions which are shown on a regular continuing basis, which are rated "R" or "NC-17" by the Motion Picture Association of America, or its successors, shall not be defined as an "adult motion-picture theater."

[Added 11-9-1999 by Ord. No. 4-99]

ADULT PICTURE THEATER

An enclosed building or outdoor theater used for presenting motion pictures, slides, videotapes, computer disks or other reproduced images or for live activities or uses distinguished or characterized by an emphasis on matter depicting, describing or relating to obscene materials, as defined herein.

ADULT THEATER

Any theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which characterized by the exposure of specified sexual activities, implied sexual activities or specified anatomical areas.

ALLEY

A public or private way affording only secondary means of access to abutting property or a public thoroughfare having a right-of-way width of less than 24 feet. "Alleys" may also be known as "courts," "places" or "lanes."

ALTERATIONS, STRUCTURAL

As applied to a building or structure, a change or rearrangement in the structural parts of a structure, including the walls, columns, beams, girders, floors, roof or ceiling; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; but not including normal maintenance or minor repairs or improvements.

AMUSEMENT GAMES OR MACHINES

AMUSEMENT GAME MACHINESA coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes video or computer equipment to reproduce symbolic figures and lines intended to be representative of real or other games or activities.

AUTO, TRAILER OR BOAT SALES AREA

AMUSEMENT MACHINES, OTHERA coin-operated machine or device, not including amusement games, which provides a ride, sensation, electronic reading or weight, photograph, lamination or item of merchandising provided at random among other items of merchandise, for use by and to the amusement of the public.

ANIMAL HUSBANDRY

The raising and keeping of livestock and poultry, with the intent of producing capital gain or profit or with the intent of selling any livestock or poultry products. The keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this chapter shall not be construed as "animal husbandry."

ASSISTED LIVING FACILITY

A residential building or group of buildings designed to provide multifamily dwelling units for elderly or physically or mentally disabled persons who are independently mobile and are not in need of the level of service provided by a personal care boarding home, but that provides on-site supervision and assistance available to the residents on an occasional, as-needed basis, and where at least one meal each day is provided in a common dining area, and that includes certain design features associated with the needs of the elderly that are not customary in the construction of conventional dwelling units, such as emergency call systems, common dining facilities, common laundry facilities, minimal housekeeping services, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.

[Added 9-11-2006 by Ord. No. 1-06]

AUTOMOTIVE JUNKYARD

A place where two or more motor-driven vehicles which do not bear a current state inspection sticker and/or license plate and/or their related parts are stored or disassembled.

AUTO SERVICE STATION

A building or place of business where gasoline and automobile accessories are dispensed directly to the motor vehicle trade and where automotive repair services may be rendered.

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles, trailers or boats in operable condition and where no repair work is done.

AUTO WRECKING

The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

BASEMENT

A floor level partly or completely below grade. A basement shall be considered a story if more than 1/3 of the perimeter walls are five feet or more above the finished grade level of the ground immediately adjacent to the walls.

BED-AND-BREAKFAST

A private residence that contains 12 or fewer guest rooms used to provide overnight accommodations to the public pursuant to the requirements of the Use Class 15A[1] of this chapter.

[Added 11-13-2001 by Ord. No. 4-01]

BOARD

See "Zoning Hearing Board."

BOARDINGHOUSE

See "rooming house."

BUILDING

Any structure having a roof supported by columns, poles, piers, cables or walls, used for the shelter, housing or enclosure of persons, animals or property, including tents or structures on wheels or porches, as defined herein. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.

BUILDING COVERAGE, MAXIMUM

The maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, carports and breezeways, but excluding open patios, parking areas, swimming pools, tennis courts and other structures which are open to the sky) by the total area of the lot upon which the buildings are located. Said ground floor area shall be computed by using the maximum outside building dimensions, including cantilevered areas measured on a horizontal plane.

BUILDING HEIGHT

The vertical distance derived from the average of the finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure as listed in § 236-17.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which it is situated.

BUILDING RESTRICTION LINE

A line which designates the minimum distance between any building and/or use and the adjacent road right-of-way or property line. Such line shall be measured at right angles from the front, side or rear street right-of-way or property lines which abut the property upon which said building and/or use is or is to be located and parallel to said right-of-way or property line.

BULK

The size and shape of building uses and the exterior relationship of their exterior walls or their location to lot lines and other buildings or other walls of the same building; and all open spaces required in connection with a building. Bulk regulations include, but are not limited to, regulations dealing with lot size, lot area per dwelling unit, lot width and depth, building height, required yards, building coverage, courts, usable open space, floor area ratio, spacing between buildings on a single lot and the length of buildings in a row.

CAMPGROUND

A plot of ground upon which two or more campsites are located, established or maintained for temporary occupancy by persons using recreational vehicles, trailers, mobile homes, tents or cabins.

CELLAR

The portion of a building, other than a basement, that is located below ground level.

CHANGEABLE COPY SIGN

A sign that is designed so that characters, letters or illustrations can be changed or rearranged either manually or electronically without altering the face of the sign.

[Added 9-11-2006 by Ord. No. 2-06]

CHILD-ORIENTED BUSINESS

A commercial establishment which, as one of its principal business purposes, serves and/or sells to children and their families food, apparel, goods, services, play and/or entertainment, including but not limited to day care/schools.

[Added 11-9-1999 by Ord. No. 4-99]

CITY

The City of New Kensington, located in Westmoreland County, Pennsylvania (also see "municipality").

CLUB HOUSE OR LODGE

A building to house a nonprofit club or social organization and which is not adjunct to or operated by or in connection with a public tavern, cafe or other public place.

COMMERCIAL VEHICLE

Any motor vehicle which is required by law to bear any license plate other than that issued for passenger car use. Also, any motor vehicle, including passenger cars, which by reason of a characteristic coloring or marking exceeding one square foot in area is identified or commonly associated with any business, industry or public agency, shall be considered a "commercial vehicle" within the terms of this chapter. Other passenger cars used in business by a resident shall not be considered a "commercial vehicle."

COMMISSION

See "Planning Commission."

COMMUNICATIONS ANTENNA

Any structure designed for transmitting or receiving wireless communications of video, voice, data and similar transmissions, including, but not limited to, omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas that may be mounted on an existing building, an existing public utility storage or transmission structure or an existing communications tower, excluding transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.

[Added 9-11-2006 by Ord. No. 2-06]

COMMUNICATIONS EQUIPMENT BUILDING OR EQUIPMENT CABINET

A manned or unmanned structure that contains the equipment necessary to maintain and operate communications antennas.

[Added 9-11-2006 by Ord. No. 2-06]

COMMUNICATIONS TOWER

Any structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform, multipoint or sidearm mounts and pipe mounts for microwave dish antennas.

[Added 9-11-2006 by Ord. No. 2-06]

COMPREHENSIVE PLAN

The Official Comprehensive or Land Use Plan of the City of New Kensington as adopted by the Council.

CONDITIONAL USE

An authorized use which may be granted only by City Council pursuant to express standards and criteria prescribed in this chapter, after review and recommendation by the Planning Commission and a public hearing by City Council.

[Amended 9-11-2006 by Ord. No. 2-06]

CONTRACTOR'S YARD

An establishment which may or may not include the administrative offices for a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis, involving the outdoor storage of all or part of the material, equipment or vehicles used in the business.

[Added 1-10-2005 by Ord. No. 10-04]

CONVALESCENT HOME

See "nursing home."

COUNCIL or CITY COUNCIL

The Council of the City of New Kensington.

CROP FARMING

The raising and keeping of field, truck and tree crops. For the purposes of this chapter, the term "crop farming" does not include animal husbandry.

CURATIVE AMENDMENT

A proposed amendment to the Zoning Chapter prepared by a landowner who desires to challenge, on substantive grounds, the validity of the Zoning Chapter or map or any provision thereof in accordance with § 609.1 of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.

[2]

CUTOFF ANGLE:

The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. (See Appendix B.[3])

[Added 9-11-2006 by Ord. No. 2-06]

DECK

See definitions of "patio" and "porch."

DENSITY, GROSS PROJECT

The "gross project density" of a residential subdivision, land development, planned residential development or residential cluster development, measured in residential dwelling units per acre, shall be equal to the total number of residential dwelling units in the project divided by the permanent gross total project area of the development, including private drives, parking areas, recreation and common open space and other related uses permitted in the development.

DENSITY, NET PROJECT

The net project density of a residential subdivision, land development, planned residential development or residential cluster development, measured in residential units per acre, shall be equal to the total number of residential dwelling units divided by the total net residential land in acres. The total net residential land is equal to the land in the project which is used only for residential purposes or for related residential yard areas or which is directly associated with each residential dwelling unit, such as parking areas to serve residents, or permitted accessory uses. The net residential land does not include public or private street rights-of-way, recreation and common open space and other uses which are not directly associated with each residential dwelling unit.

DETENTION CENTER

An interment or treatment facility for persons charged with or convicted of criminal offenses (including juvenile delinquents) and/or other persons involuntarily committed under applicable mental health or other statutes.

DISTRICT or ZONE

A portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DORMITORY

A residence hall or building which provides sleeping rooms to be used primarily by students of a school or college or by members of a club, fraternity or sorority or other institution.

DUMP

A site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose or waste material which is operated in an environmentally safe manner, in accordance with applicable federal, state or local requirements and/or permits.

DWELLING

Any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons and as defined further below. The term "dwelling" shall not be deemed to include automobile court, rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house.

DWELLING UNITOne or more rooms, including a kitchen (or kitchenette), and sanitary facilities in a dwelling structure designed as a unit for occupancy by not more than one family (as defined herein) for living and sleeping purposes.

DWELLING, SINGLE-FAMILYA detached building, designed for or occupied exclusively by one family, including a mobile home dwelling, as defined below, except that such mobile home must be on a permanent foundation.

DWELLING, TWO-FAMILYA detached building containing two separate dwelling units and designed for occupancy of two families living independently of each other.

DWELLING, MOBILE HOMEA transportable single family dwelling structure, intended for permanent occupancy for use by one family, 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; except for a travel trailer as defined herein; and excluding such mobile home dwellings or prefabricated homes or sections thereof which when assembled or combined into a single unit are more than 19 feet in width and no longer readily capable of being separated for repeated towing.

DWELLING, MULTIFAMILYA detached building designed for occupancy of families living independently of each other and containing three or more dwelling units per building.

(6)

DWELLING STRUCTURE, MULTIFAMILYA dwelling structure which contains multifamily dwelling units or combinations thereof, as defined herein, including dwelling units commonly referred to as "townhouses," "row houses," "garden apartments" or "quadruplex units" or "high-rise units for the elderly" or other designations.

EMPLOYEE

Any and all persons, including independent contractors, who work in or render any service directly related to the operation of a sexually oriented establishment.

[Added 11-9-1999 by Ord. No. 4-99]

ENTERTAINER

A person who provides entertainment with a sexually oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided by an employee or an independent contractor.

[Added 11-9-1999 by Ord. No. 4-99]

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, who agrees to the offer, to privately model lingerie or to privately perform a striptease for another person.

[Added 11-9-1999 by Ord. No. 4-99]

ESCORT AGENCY

Any person or business association who furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. Any person, partnership, corporation or agency that furnishes adult or child day care as its principal business shall not be defined as an "escort agency."

[Added 11-9-1999 by Ord. No. 4-99]

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication, water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, 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 by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, except telephone booths, firehouses, pump stations, treatment plants and similar facilities which shall also be considered as essential service facilities hereunder.

FAMILY

Any individual or two or more persons, all of whom are related by blood, marriage, legal adoption or foster placement, living together as a single housekeeping unit. A group of not more than four persons, some or all of whom are not related as defined above, living together in a single, nonprofit dwelling unit and maintaining a common household with a single cooking facility shall also be considered to be a "family." A "family" shall also include a group home, as defined herein, but shall not be deemed to include the occupants of a boardinghouse, rooming or lodging house, club, fraternity/sorority or dormitory or a family care or group care facility, as defined herein.

FAMILY CARE FACILITY

A facility which provides resident service, for a fee or charge, in a private residence to six or fewer individuals who are not related to the resident household. These individuals may be handicapped, aged, disabled or in need of medical and/or adult supervision and treatment and are provided continuing service and supervision in accordance with their individual needs. This category includes foster or day care or boardinghouses for children or adults, but does not include detention centers, as defined herein.

FENCE

Any outdoor barrier of either natural living vegetation or composed of fabricated materials, as defined below, which is placed or arranged as a line of demarcation between lots or to enclose a lot or a part of a lot. For the purpose of this chapter, a "fence" is a boundary line fence when the average center line of the fence is established on the lot within two feet of a property and/or lot line. The height of any fence shall be the distance measured from the existing grade of the natural surface to the top of the fence.

NATURAL LIVING FENCEA barrier of natural living vegetation, including shrubs, hedges, trees or other plant materials, shall only be considered to be a fence if 50% or more of the horizontal length of such materials or growth within six feet of the ground surface provides a visual screen or obstruction to vision.

GARAGE OR PARKING AREA, PRIVATE

FABRICATED MATERIALS FENCEAny structure or wall, regardless of composition of material, except for a natural living fence, which is constructed and installed to act as a visual or physical outdoor barrier.

FLOOD-PRONE AREA

An area in the City so designated in the New Kensington Floodplain Ordinance,[4] as referred to in § 236-17.

FLOOR AREA

The sum of the gross areas of the floors of every story of a building measured from the exterior faces of exterior walls or from the center lines of common or party walls separating two buildings.

FLOOR AREA, NET

That portion of the total floor area of a building designed for tenant occupancy or accessible to customers, clients or the general public, excluding food preparation areas in restaurants, storage areas, equipment rooms and common areas such as halls, corridors, stairwells, elevator shafts, restrooms, interior vehicular parking and loading areas and similar common areas, expressed in square feet and measured from the center line of joint partitions and exteriors of outside walls.

[Added 9-11-2006 by Ord. No. 2-06]

FLOOR AREA RATIO

The total floor area of a building divided by the area of the lot on which it is located. Regardless of the internal arrangements of a building, it shall be deemed to have at least one story for each 20 feet of height or fraction thereof.

FORESTRY

Woodlands, timber tracts, tree farms, forest nurseries, the gathering of forest products and the provision of forest services, including the operation of a sawmill, but excluding other wood manufacturing businesses.

GARAGE, COMMUNITY

A building or group of buildings used exclusively for the storage and parking of automobiles and not used for making repairs thereto.

An accessory parking area or building or part of a principal building used only for the storage of private motor vehicles and other personal effects of the occupant of the principal structure.

GARAGE, SERVICE

A building or part thereof used for the repair of motor vehicles for remuneration and not used for dismantling or scrapping of motor vehicles.

GROUP CARE FACILITY AND GROUP HOME

GROUP CARE FACILITYA facility which provides resident services, for a fee or charge, to seven or more individuals, of whom one or more are unrelated, who are being cared for by an appropriate residential supervisory staff. These individuals may be handicapped, aged or disabled or in need of medical and/or adult supervision and treatment and are undergoing rehabilitation and are provided continuing services and supervision in accordance with their individual needs. This category includes uses licensed or supervised by any federal, state or county health/welfare agency (all ages), halfway houses, resident schools, resident facilities and foster care or boarding homes for children or adults, but does not include group homes, nursing homes or detention centers, as defined herein.

HEAVY EQUIPMENT RENTAL, SALES AND REPAIR

GROUP HOMEIncludes a group of not more than four persons, some or all of whom are not related by blood, marriage, legal adoption or foster placement, living together as a single housekeeping unit in a residential dwelling unit, but not including family care or group care facilities, as defined herein.

An establishment engaged in the rental, sales and/or service of vehicles in excess of 26,000 GVW and/or any other heavy equipment, including but not limited to construction, industrial or farm equipment, whether or not the equipment is classified as a motor vehicle.

[Added 1-10-2005 by Ord. No. 10-04]

HELIPORT

An area that is used for the landing and takeoff of helicopters and including some or all of the auxiliary facilities useful to the helicopters' operation, such as helicopter parking, waiting rooms and fueling and maintenance equipment.

HOME OCCUPATION

An occupation which is permitted under the terms of this chapter to be conducted as an accessory use to a residential dwelling unit.

HOSPITAL

A building or part thereof used for the medical, psychiatric, obstetrical or surgical care, on a twenty-four-hour basis, of seven or more inpatients. "Hospital" shall include general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals and any such facilities providing medical inpatient care and related outpatient service.

HOTEL

A building or group of buildings designed to serve the public, with one or more outside entrances, which contains six or more permanent bedrooms and which is designed, arranged and used for the overnight lodging of travelers or for temporary occupancy of transients and which may include a public dining room and kitchen.

INDEPENDENT LIVING HOUSING FOR THE ELDERLY

A multifamily dwelling structure occupied exclusively by persons 62 years of age or older; provided, however, that a maximum of one person related to a person aged 62 or older by blood, marriage or adoption may occupy the dwelling unit with said person. Said facility may provide daily services such as meals and laundry. This definition shall not be deemed to include a group care facility, group home, personal care home, assisted living facility, nursing home, domiciliary care home or any other facility for the elderly licensed as such by the Commonwealth of Pennsylvania.

[Added 6-12-2001 by Ord. No. 2-01]

INSPECTOR

An employee of Westmoreland County authorized and designated by the director of the department and or the City of New Kensington Code Enforcement Officer, police officer or other persons designated by the City of New Kensington to inspect premises regulated under this chapter and to cooperate in taking the required actions authorized by this chapter where violators are found on the premises and to request correction of unsatisfactory conditions found on a premise.

[Added 11-9-1999 by Ord. No. 4-99]

JUNK AND JUNKYARD

JUNKIncludes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and bones, rags, used cloth, used rubber, used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires and other manufactured goods, any of which are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled or processed for reclamation, salvage or recycling.

JUNKYARDConsists of an outdoor storage yard or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, where no less than 40% of the storage, processing and associated activities take place in an enclosed building.

LOT

A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, to be used, developed or built upon as a unit.

LOT AREAThe computed area contained within the lot lines.

LOT, CORNERA lot situated at and abutting the intersection of two streets.

LOT, DEPTHThe average distance between the front and the rear lot lines.

LOT LINESThe property lines bounding the lot.

(a)

LOT LINE, FRONTThe line separating the lot from the principal street right-of-way on which the lot has frontage.

(b)

LOT LINE, REARThe lot line opposite and most distant from the front lot line.

(c)

LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."

NONCONFORMING USE OR STRUCTURE

LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.

MASSAGE ESTABLISHMENT

Any establishment or business which provides the service of massage and or body manipulations, including exercise, heat/light treatment, water treatment of the body and all forms and methods of physical therapy unless operated or supervised by a medical practitioner, including a medical doctor, doctor of osteopathy, chiropractor or physical therapist licensed by the Commonwealth of Pennsylvania. A massage establishment shall not have any specified sexual activity.

[Added 11-9-1999 by Ord. No. 4-99]

MEDICAL OFFICE BUILDINGS

Includes medical buildings and offices used by physicians, dentists and other professional personnel under the supervision of a physician or dentist for the treatment and examination of patients, provided that no overnight patient shall be kept on the premises, but excluding specialized medical facilities as defined in this § 236-7.

[Amended 12-9-1997 by Ord. No. 9-97]

MEMBERSHIP CLUB

See "social hall, club or lodge."

MINOR

A person under 18 years of age.

[Added 11-9-1999 by ord. 4-99]

MOBILE HOME PARK

A parcel of land at least 10 acres in size, under single ownership, which has been planned and improved for the placement of two or more mobile homes for nontransient use.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar uses.

MUNICIPALITY or CITY

The City of New Kensington, located in Westmoreland County, Pennsylvania.

NONCONFORMING LOT

Any lot, legally existing at the date of passage of this chapter, which does not conform with either one or more of the following: the minimum width, depth and area dimensions specified for the district where such a lot is situated.

NONCONFORMING STRUCTUREA building or structure or part thereof manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment thereto or hereafter enacted where such building or 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.

NO-IMPACT HOME-BASED BUSINESS

NONCONFORMING USEA use, whether of land or building or structure, which does not comply with the applicable use provisions of the Zoning Chapter or amendment thereto or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

A business or commercial activity administered or conducted as an accessory use which is clearly incidental to the use of a dwelling for residential purposes which involves no customer, client or patient traffic, whether vehicular or pedestrian and no pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

[Added 9-11-2006 by Ord. No. 2-06]

NUDE MODEL STUDIO AND PRODUCTION

Any place where a person who appears in a state of nudity or seminudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted or sculptured, as defined herein, photographed or similarly depicted by other persons who pay money or any form of consideration.

[Added 11-9-1999 by Ord. No. 4-99]

NUDE/NUDITY/STATE OF NUDITY

The appearance of a bare human buttock, anus, male genitals, female genitals or female breasts.

[Added 11-9-1999 by Ord. No. 4-99]

NURSING HOME

An institutional use licensed under the laws of the Commonwealth of Pennsylvania for lodging, boarding and nursing care, including any premises containing sleeping rooms or beds to be used by seven or more persons who are lodged and furnished with meals, related facilities and professional staff and nursing care on a twenty-four-hour basis. "Nursing homes" shall also include convalescent homes, skilled nursing facilities, intermediate care facilities and infirmaries located within homes for the aged, but shall exclude residential care facilities for the elderly or detention centers, as defined herein.

OBSCENE MATERIALS OR ACTIVITIES

The exhibition or dissemination by sale, loan or otherwise of explicit sexual materials or the conduct of live activities or uses of an obscene nature if such use comprises more than 20% of the stock in trade of the premises or constitutes, from time to time, the primary or major attraction to the premises.

EXPLICIT SEXUAL MATERIALS:

(a)

Any picture, photograph, drawing, sculpture, motion picture film or other similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse; or

(b)

Any book, pamphlet, magazine, printed matter, videotape, computer disk or other device, however reproduced, or sound recording which contains any manner enumerated in Subsection (1) above or explicit and detailed verbal excitement, sexual conduct or sadomasochistic abuse or sex-related violence.

OBSCENE NATURE:

(a)

The average person, applying contemporary community standards, would find that the subject matter taken as a whole appeals to the prurient interest;

(b)

The subject matter depicts or describes in a patently offensive way materials of the type described hereinabove; and

(c)

The subject matter, taken as a whole, lacks serious literary artistic, political, educational or scientific value.

Words and phrases used herein shall have the meanings given to them under 18 Pa.C.S.A. § 5903 and any amendments, from time to time, thereto.

OBSTRUCTION TO VISION

Any structure, fence, sign, plant material or other obstruction which obstructs vision between a height of two to 10 feet above the center-line grade of the adjoining streets or driveways within the triangle formed by the street or driveway intersection, created by the right-of-way line of each street or driveway extended to a point, and a line drawn between two points on the right-of-way line of each street or driveway, each located 15 feet from the street or driveway intersection for local and collector streets and 30 feet for major state and federal traffic routes. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.

OPERATOR

A person or individual, proprietorship, partnership, corporation, association or other legal entity conducting or maintaining a sexually oriented establishment.

PATIO

A surfaced area or courtyard or a deck less than one foot above ground elevation designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure or for any fences or walls, shrubs or hedges less than four feet in height. Outdoor areas which are screened or enclosed by a roof or awning shall be considered to be a structure (see definition of "porch").

PERMIT

A document issued by the proper authority of the municipality authorizing an applicant to undertake certain activities, as further defined below:

ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board or the Council and authorizing an applicant to proceed with said use, building or structure.

BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code adopted by the municipality, which authorizes an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as may be required under the terms of this chapter.

PERSONAL CARE BOARDING HOME

OCCUPANCY PERMITA permit issued upon completion of the construction of a structure or change in use of a structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the "occupancy permit."

PERMITTED USE

Any use which does not require special action by the Planning Commission, the Zoning Hearing Board or the Council before a zoning permit is granted by the Zoning Officer.

A dwelling or institution licensed by the commonwealth where room and board is provided to more than three permanent residents who are not relatives of the operator and who are mobile or semi-mobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing or intermediate nursing care.

[Added 9-11-2006 by Ord. No. 1-06]

PLANNED CLUSTER RESIDENTIAL

An area of land at least five acres in size, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which may include either single-family, two-family or multiple-family dwellings in accordance with the special exception provisions of this chapter.

PLANNING COMMISSION

The Planning Commission of the City of New Kensington, Pennsylvania.

PORCH

A structure or part of a structure which is enclosed on one or more sides by a fence or wall which is four feet high or higher or covered by a roof or awning; or a structure which would otherwise be classified as a patio or deck except that it is one foot or more above the ground elevation.

PRINCIPAL USE

The primary or most important or main use of a lot, parcel or structure.

PROFESSIONAL OFFICE

Includes the office of a physician, dentist, optometrist, architect, landscape architect, engineer, planner, insurance broker, realtor, accountant, lawyer, author or other member of a recognized profession.

PUBLIC NOTICE

Notice for a public hearing published once each week for two consecutive weeks in a newspaper of general circulation in the City. 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. (Also see § 236-33.)

RECREATIONAL VEHICLE

A vehicle or piece of equipment, either self-powered or designed to be towed, intended primarily for recreational or leisure-time use. Such vehicles may include travel trailers, as defined herein, campers, vehicles adapted for leisure-time use, snowmobiles, minibikes, boat trailers and other similar vehicles.

RESEARCH CENTER

Land under single ownership or agreement, planned and developed to provide service sites for structures and facilities, devoted to experimentation in pure or applied scientific research or to the design, development and testing of new prototype machines, devices, products or processes and all accessory structures and facilities necessary to the operation thereof.

RESIDENTIAL CARE FACILITY FOR THE ELDERLY

A building containing dwelling units and twenty-four-hour staff services to provide assistance and care for elderly residents capable of independent or semi-independent living, each of whom are primarily (at least 65%) at least 55 years of age or handicapped (or the spouse of an otherwise qualified resident), but not requiring nursing home care.

RESIDENTIAL RETIREMENT COMPLEX

A planned residential development for persons of retirement age (60 years of age or older), located on three acres or more which is held in one ownership and which provides residential living accommodations and certain health care facilities for the residents. Additional communal facilities may also include dining, recreation, open space, parking and related facilities and other support services.

RESORT

A business, situated on a lot containing five acres or more, combining lodging, eating, recreational or entertainment facilities as a single enterprise offered to the public at large or any segment thereof, subject to the requirements contained herein.

ROOMING OR BOARDING HOUSE

A building containing one or more dwelling accommodations in which at least two rooms are offered for rent to adults aged 18 years or older, payable in money or other consideration, whether or not meals are furnished to occupants, and in which no transients are accommodated and no public restaurant is maintained. A school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses is not deemed to be a "boarding or rooming house."

SANITARY LANDFILL

A land site designed to meet the requirements of the Commonwealth of Pennsylvania Department of Environmental Resources and on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.

SANITARY SEWER SYSTEM, PRIVATE

A privately owned sewer system designed and constructed to collect, centrally treat and dispose of all sewage from any portion of a development or area.

SANITARY SEWER SYSTEM, PUBLIC

A sewer system serving all or a portion of the municipality, developed and administered by a governmental agency or authority.

SATELLITE EARTH STATIONS

A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

SEMINUDE

A state of dress in which clothing covers no more than the genitals of male performers or not more than the genitals, pubic region and areola of female performers, as well as portions of the body covered by supporting straps and devices.

[Added 11-9-1999 by Ord. No. 4-99]

SEXUAL ENCOUNTER CENTER

Any business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

[Added 11-9-1999 by Ord. No. 4-99]

Physical contact in the form of wrestling or tumbling between persons; or

SEXUALLY ORIENTED ESTABLISHMENT (ADULT-ORIENTED ESTABLISHMENT)

Activities between male and female persons and or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

The term includes, without limitation, the following establishments when operated for profit, whether direct or indirect:

[Added 11-9-1999 by Ord. No. 4-99]

Adult arcade.

Adult bookstore or adult video store.

Adult cabaret.

Adult motion-picture theaters.

SEXUALLY RELATED FACILITIES

Adult motel.

(6)

Adult mini-motion-picture theaters.

(7)

Adult theater.

(8)

Escort agency.

(9)

Massage establishment.

(10)

Nude model studio.

(11)

Sexual encounter center.

(12)

Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing sexually oriented motion pictures, or where an entertainer provides adult entertainment of a sexual nature to a member of the public, a patron or a member.

(13)

An adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, exotic dance studio, sensitivity studio, modeling studio or an other term. The terms "booths, cubicle, rooms, studios, compartments or stalls," for purposes of defining sexually oriented establishments, does not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment and which are not held out to the public for purposes of viewing motion pictures or other entertainment for a fee and which are not open to any persons other than employees.

A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas.

[Added 11-9-1999 by Ord. No. 4-99]

SHOPPING CENTER

A site under single ownership and control at the time of submission of a development plan that is designed as a unit for two or more retail businesses in one or more buildings with shared parking, loading and access facilities and uniform signage.

[Added 9-11-2006 by Ord. No. 2-06]

SIGN, ADVERTISING

Also referred to as a "billboard," any graphic or visual display which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

SIGN, BUSINESS

Any graphic or visual display which directs attention to a business or profession or to a commodity, service or entertainment conducted, sold or offered upon the premises where such sign is located or to which it is affixed.

SIGN, GROSS SURFACE AREA

The gross surface area of a sign or sign structure shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign or structure or display and in no case passing through or between any adjacent elements of the same, but including any structural or framing elements located outside the limits of the display of such sign. In calculating the area of a double-faced sign, only one side shall be considered if one face of the sign has a gross surface area of eight square feet or less. If one face of the sign has a gross surface area of more than eight square feet, the area of each side shall be considered in calculating gross surface area of the sign.

[Amended 9-11-2006 by Ord. No. 2-06]

SOCIAL HALL, CLUB or LODGE

A building, structure, lot or land area or portion thereof used as a private club or social organization or for activities or services not generally extended to the general public and not conducted for individual profit or gain.

SPECIAL EXCEPTION

An authorized use which may be granted only by the Zoning Hearing Board pursuant to express standards and criteria prescribed in this chapter following a public hearing.

[Amended 9-11-2006 by Ord. No. 2-06]

SPECIALIZED MEDICAL FACILITIES

Facilities which are primarily used for the treatment and care of certain classes of diseases or conditions resulting from the use or the treatment of persons with drug or alcohol problems, persons seeking to undergo abortions or persons with mental or other conditions, which conditions require continuing supervision, treatment and management to safeguard the health and safety of the persons being treated and/or the personnel providing the services. Such specialized medical facilities shall in all cases be considered to be conditional uses.

[Added 12-9-1997 by Ord. No. 9-97]

SPECIFIED ANATOMICAL AREAS

[Added 11-9-1999 by Ord. No. 4-99]

Less that completely and opaquely covered human genitals or pubic region; buttocks; or female breasts below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

[Added 11-9-1999 by Ord. No. 4-99]

The term includes any one or more of the following:

Human genitals in a state of sexual stimulation or arousal.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

Acts of human masturbation, sexual intercourse or sodomy.

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

(6)

Excretory functions as part of or in connection with any of the activities set forth herein.

(7)

However, the term shall not include any of the following:

(8)

Medical publication or films or bonafide educational publications or films.

(9)

Any art or photography publications which devote at least 25% of the linage of each issue to articles and advertisements dealing with subjects of art of photography.

(10)

Any news periodical which reports or describes current events and which from time to time publishes photographs of nude or seminude persons in connection with the dissemination of the news.

(11)

Any publication or film which describes and reports different cultures and which from time to time publish or show photographs or depictions of nude or seminude persons when describing culture in which nudity is indigenous to the populations.

(12)

An establishment which sells books, or a combination of books, magazines, video tapes, computer software and related matter of an adult or sexually oriented nature which do not exceed 25% of the total gross sales in dollar volume of the total sales of the establishment.

STORY and HALF-STORY

That portion of a building, included between the surface of any floor, but excluding the basement or cellar, and the ceiling next above it and having a vertical distance of not less than seven feet. Any such portion of a building having a distance of less than seven feet shall be considered to be a "half-story."

STREET

A public or private thoroughfare, having a right-of-way width greater than 24 feet, which affords the principal means of access to abutting property, including avenue, way, drive, boulevard, highway, road and any other thoroughfare except an alley.

PUBLIC STREETA street, as defined hereinabove, which is dedicated to and accepted by the City and legally open to the general public for use as a means of vehicular and pedestrian traffic.

TEMPORARY OR SEASONAL OCCUPANCY

FRONTAGE ON PUBLIC STREETSNo use shall be created nor any building occupied unless the lot or tract on which it is situated has "frontage on a public street" or a street improved to City standards, without traversing through or around another use and/or building; provided, however, that planned multiple dwelling unit structures, including apartment development complexes, may abut private streets that are connected to a public street.

STRIP TEASE

The act of removing one's clothing in front of an audience or a person, usually item by item.

[Added 11-9-1999 by Ord. No. 4-99]

STRUCTURE

Anything constructed, including a building, the use of which requires permanent or fixed location on the ground or attachment to something having a permanent location on the ground. The term "structure" shall include signs, fences, walls, stationary and portable carports, porches, swimming pools, garages and other construction of all types.

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside any building.

The use of any premises or structure for living and/or sleeping purposes for 100 or less days in any calendar year.

TRAVEL TRAILER

A vehicle less than 400 square feet in floor area which can be moved over the highway and be used for temporary living or sleeping purposes and standing on wheels and containing not more than one dwelling unit.

USABLE OPEN SPACE

A portion of a lot or tract used for residential purposes exclusive of required front and side yard areas, which is not covered by buildings or parking areas and is suitable for use as outdoor open space for the residents thereon.

USE CLASS

A group of similar, related or compatible land uses which are grouped together for inclusion in one or more zoning districts.

USE CLASS SUBCATEGORY

Within any single use class, those uses which are considered to be similar or of the same type are included in the same subsection in § 236-13. Any use located in the same subsection as another use as set forth in § 236-13 shall be considered to be in the same "use class subcategory."

VARIANCE

A departure from the strict letter of the Zoning Ordinance, as it applies to specific properties, as authorized by the Zoning Hearing Board in accordance with the standards specified in the Pennsylvania Municipalities Planning Code.

[5]

[Amended 9-11-2006 by Ord. No. 2-06]

WATER SUPPLY SYSTEM, PRIVATE

A privately owned water supply system designed and constructed to transmit and distribute water from a common source for domestic use, fire fighting and other purposes to any portions of a development or area.

WATER SUPPLY SYSTEM, PUBLIC

A water supply system serving all or a portion of the municipality which has been developed and is administered by a governmental agency or authority.

YARD

An open space, as may be required by this chapter, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line, as defined below, and which is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

YARD, FRONTAn open space extending the full width of the lot between the principal building and the front lot line.

YARD, REARAn open space extending the full width of the lot between the principal building and the rear lot line.

YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building and the nearest side lot line.

ZONING HEARING BOARD

The Zoning Hearing Board of the City of New Kensington.

ZONING OFFICER

The administrative officer charged with the duty of enforcing the provisions of this chapter.

[1]

Editor's Note: See § 236-15B(8).

[2]

Editor's Note: See 53 P.S. § 10609.1.

[3]

Editor's Note: Appendix B, Schedule VII, Illustration of Cutoff Angle, is included at the end of this chapter.

[4]

Editor's Note: See Ch. 121, Flood Damage Prevention.

[5]

Editor's Note: See 53 P.S. § 10101 et seq.

Overlay district definitions. As used in §§ 236-13.1, 236-13.2, 236-22I and 236-37, the following terms shall have the meanings indicated:

[Added 8-1-2022 by Ord. No. 3-22]

CERTIFICATE OF APPROPRIATENESS

Administrative definitions.

BUILDING

Any combination of construction materials that forms an enclosed or open structure.

The statement signed by the Mayor of the City of New Kensington certifying the Borough Council's approval of the appropriateness of a particular request for the construction, alteration, stabilization, preservation, rehabilitation, restoration, reconstruction or demolition of all or part of a building within the overlay districts and authorizes issuing a building permit for said request.

CODE ENFORCEMENT OFFICER

An officer of the City designated by the City Council to ensure that applicants follow procedures mandated by §§ 236-13.1, 236-13.2, 236-22I and 236-37 and to investigate and enforce compliance with said §§ 236-13.1, 236-13.2, 236-22I and 236-37.

DEMOLITION BY NEGLECT

The absence of routine repair that leads to structural weakness, decay and deterioration of a building to a point that causes a need for major repair or may cause a need for demolition.

Project treatment definitions.

ALTERATION

Any change, modification or addition to a part of or all of the exterior of any building or structure.

CONSTRUCTION

Any or all work necessary for the erection of any building or structure from a combination of materials that forms a safe and stable structure.

DEMOLITION

The dismantling, tearing down, removal or razing of a building, in whole or in part. This term shall not include changes to the interior of a building, provided that such changes do not alter the structural integrity of the building.

PRESERVATION

The act or process of applying measures to sustain the existing form, style, integrity, and material of a building or structure. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

PROTECTION

The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measures may be temporary or permanent.

RECONSTRUCTION

The act or process of reproduction by new construction of the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.

REHABILITATION

The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

RESTORATION

The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

STABILIZATION

The act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.

Definition of project categories.

CRITICAL PROJECT

A project involving demolition of all or part of any building, or change of configuration and rhythm of any building as a whole, or any alteration to a sensitive building, as defined in the definition of "sensitive building."

MAJOR PROJECT

A project proposed for a nonsensitive building involving replacement with other than original materials or design of existing building components, such as windows, doors, soffits, rain channels, roofs, siding, porches, fencing, shutters, and awnings in a manner that does not change the configuration and rhythm of the building as a whole, and is proposed for a nonsensitive building.

MINOR PROJECT

A project that does not result in a change in appearance of a building, such as replacing deteriorated wood with identical wooden pieces.

SENSITIVE BUILDING

Any building that has been standing for at least 50 years at the time of application, and/or is listed as a contributing building to the Downtown Historic Overlay District, even though it has been considerably modified, and certain sites of later historic significance or buildings that the Board has determined to be exemplary of later architectural styles. Other buildings in the Overlay Districts are considered nonsensitive. (4) Definitions pertaining to signs.