A.Â
Unless a contrary intention appears clearly, the following
words and phrases shall have, for the purpose of this chapter, the
meanings given in the following subsections. Any word or phrase not
defined specifically herein is intended to be used with its meaning
in standard usage.
B.Â
For the purpose of this chapter, words and phrases
used herein shall be interpreted as follows:
(1)Â
Words used in the present tense include the future.
(2)Â
The word "person" includes a corporation, partnership,
association or other legal entity as well as an individual.
(3)Â
The word "lot" includes the word "plot" or "parcel."
(4)Â
The term "shall" is mandatory.
(5)Â
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
(6)Â
Words used in the singular number shall include the
plural, and the plural, the singular, unless the context indicates
clearly to the contrary.
(7)Â
The word "Commission" and the words "Planning Commission"
refer to the Edgeworth Borough Planning Commission.
(8)Â
The word "Council" refers to the Council of the Borough
of Edgeworth.
(9)Â
The word "Board" or the words "Zoning Hearing Board"
refer to the Edgeworth Zoning Hearing Board.
(10)Â
The words "Comprehensive Plan" refer to the
Edgeworth Borough Comprehensive Plan adopted by its Council on October
9, 1978.
The following definitions shall apply to this
chapter:
ACCESSORY BUILDINGSee "building, accessory."
ACCESSORY USESSee "use," Subsection B.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
[Added 11-16-2021 by Ord. No. 556]
A use or structure on the same lot with, and of a nature
clearly incidental and subordinate to and in connection with the principal
use or structure.
The development of a new use for lands or structures originally
designed to accommodate a different specific use, and which involves
the removal of existing structures or portions of structures, an increase
in impervious surface coverage, or a change in existing contours.
Any establishment which generates a substantial or significant
portion of its revenue on material or activities depicting, describing
or relating to sexual activities or anatomical genital areas. Uses
include, but are not limited to, adult bookstores, adult cabarets,
or adult motion-picture theaters.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
A right-of-way which provides secondary service access for
vehicles to the side or rear of abutting properties.
Soils consisting of or formed from material such as gravel,
sand, silt, or clay deposited by flowing water and showing little
or no modification of the original material by soils-forming processes.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement
or diminution, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
A residential building used by three or more families living
independently of each other and containing dwelling units.
LOT AREAThe acreage contained within the property lines of a lot as defined in the deed or as shown on an approved subdivision plan.
For purposes of calculating the minimum "lot
area" necessary to comply with the area and bulk requirements of this
chapter, the following areas shall be excluded from such calculation:
Any area used for gas, oil, natural gas, electric
or communications transmission facilities, whether below or above
ground that does not serve the lot or lots traversed.
Any area within a street, existing or future
transportation right-of-way or the area of any easement, other than
a conservation easement.
Any area comprising a stormwater management
basin, excluding lakes, ponds or on-lot berms.
Except to the extent that a clustered subdivision
development is involved, all areas overlain by a Flood Hazard Overlay
District, all area of slope in excess of 25% and wetlands.
Lots with such natural features must comply with the requirements of § 130-40, Environmental standards, when the lot is developed.
FLOOR AREA (GROSS)The sum of the areas of the several floors of the building or structure, as measured from the exterior faces of the walls. It does not include basements, unenclosed porches, attics not usable for human occupancy nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter nor any such floor space intended and designed for accessory heating and ventilating equipment.
A flood having a frequency or recurrence of one in 100 years
(i.e., a 1% chance of being equaled or exceeded in any given year).
The base area or volume of a building when the building first
became nonconforming through the adoption of a previous zoning ordinance
or zoning ordinance amendment.
Any area of the building having its floor below ground level
on all sides.
A resident of a boarding house.
Any dwelling with fewer than eight sleeping rooms in which
more than three persons, either individually or as families, are commercially
housed or lodged, with or without meals. A rooming house or a furnished
rooming house shall be deemed a boarding house.
Land surrounding the immediate perimeter of a logging operation
in which the cutting of trees or other vegetation shall be limited
except for the isolated cutting of individual trees which are dead,
damaged, sick, infected, or constitute a danger to neighboring properties
or the public generally.
A combination of materials forming any structure that is
erected on the ground and permanently affixed thereto, designed, intended,
or arranged for the shelter, enclosure, housing or structural support
of persons, animals, processes, equipment, goods or materials of any
kind. "Building" shall not include sidewalks, driveways, parking spaces,
or parking lots.
A subordinate building located on the same lot as a principal
building and clearly incidental and subordinate to the principal building.
Any portion of a principal building devoted to an accessory use is
not an accessory building.
A building in which is conducted or is intended to be conducted
the principal use of the lot on which it is located.
A vertical distance measured from the average elevation of
the finished grade surrounding the building to the highest point of
the building. Chimneys, spires, masts, elevator shafts and similar
projections shall not be included in the height, provided that any
such projection shall not have an aggregate area greater than 25%
of the roof area. No accessory structures shall exceed 15 feet in
height, measured as indicated.
The line which establishes the depth of the front yard sufficient
to provide for the minimum lot width or to provide for the minimum
front yard requirements, whichever is closer, for the particular district
as measured from the street line.
The minimum distance between two buildings on the same lot.
The minimum building spacing shall be measured from the outermost
wall or projection with the exception of bay windows, chimneys, flues,
columns, ornamental features, cornices and gutters which may project
no more than two feet into any required yard.
Any removal of 50% or more of the trees from a tract of land
or the complete removal of trees from a portion of a tract of land.
The 50% limit shall be an aggregate measurement, meaning that successive
removals will not be viewed as separate.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
A single-family dwelling converted to a multifamily dwelling
with a maximum of three dwelling units.
The diameter of a tree at breast height, usually measured
3.5 feet from the ground surface.
An open or semi-open fence erected for ornamental rather
than for screening purposes.
The removal of all trees and shrubbery in an area precedent
to development.
The ratio of the total number of dwelling units to the total
acreage comprising a given lot area as hereinabove defined.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operation,
storage of equipment or materials, and the subdivision of land.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 2-20-2018 by Ord.
No. 549]
A minor vehicular way providing access between a street and
a parking area or garage within a lot or property.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for occupancy by only one family,
including any domestic servants living or employed on the premises,
with no enclosed space, other than vestibules, entrance or other hallways
or porches, in common with any other dwelling unit. Dwellings may
be classified as follows:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof (duplex), or an unpierced ceiling and floor extending from exterior wall to exterior wall (stacked flat).
MULTIFAMILYA building containing three or more dwelling units, including units that are located one over the other.
TRIPLEXA building containing three dwelling units, each of which has direct access to the outside or to a common hall.
TOWNHOUSEA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
QUADRUPLEXFour attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.
APARTMENTOne or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing three or more such dwelling units.
An alternative land development with two or more residential
structures including single-family detached, two-family and multifamily
uses, arranged on a single recorded parcel.
A grant of the specified use of a parcel of land to the public,
a corporation or a person or, alternatively, the imposition of a restriction
on any such use in an instrument of conveyance to the public, a corporation
or a person.
An establishment where food is prepared and available to
the general public, for a determined compensation, primarily for consumption
within a structure on the premises and where the consumption of food
in motor vehicles on the premises is neither encouraged nor permitted.
[Added 10-20-2015 by Ord.
No. 541]
An establishment where food, soft drinks, ice cream and similar
items are sold for principal consumption outside the confines of the
principal building or in automobiles, regardless of whether or not
seats are provided for patrons. Drive-through service includes any
service where a patron may receive service without exiting a vehicle
whether or not the vehicle is parked.
[Added 10-20-2015 by Ord.
No. 541]
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 2-20-2018 by Ord.
No. 549]
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 11-16-2021 by Ord. No. 556]
The removal of surface materials by the action of natural
elements.
One or more persons related by blood, foster relationship,
marriage or adoption and, in addition, any domestic servants or gratuitous
guests thereof, or a group of not more than three persons who need
not be so related and, in addition, domestic servants or gratuitous
guests thereof, who share cooking facilities. A roomer, boarder or
lodger shall not be considered a member of the "family."
Any type of animal normally kept or raised on a farm. Normal
household pets are not included in this definition. Farm animals are
classified as follows:
[Added 1-21-2014 by Ord. No. 534]
Large animals, e.g., horses, ponies, mules, cattle, alpacas,
etc.;
Medium animals, e.g., sheep, goats, pigs, etc., and specifically
including roosters.
Small animals, e.g., chickens, turkeys, pheasants, geese, ducks,
fowl, etc. "Small animal" does not include rabbits, birds, fish or
small reptiles.
Any type of building used for housing farm animals, including
any structure required for farm animals referenced herein.
[Added 1-21-2014 by Ord. No. 534]
Federal Communications Commission.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
Any freestanding barrier, not including a wall, which is
designed to confine, restrict, enclose, delineate, or shield from
view a particular lot, yard or area.
[Added 2-20-2018 by Ord.
No. 548]
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
A temporary inundation of normally dry land areas.
The relatively flat or low area adjoining and including a
watercourse or other body of water (such as a pond, marsh or lake)
which is subject to inundation during the base flood. The "flood hazard
area" also may be called the "floodplain."
That area subject to the base flood not included in the floodway
area. The basis for the outermost boundary of this area shall be the
base flood elevations contained in the flood profiles of the study
referred to in the definition of "floodway area" below and as shown
on all of the maps referred to in such definition.
Areas adjoining the Ohio River and any streams, ponds or
lakes subject to a one-hundred-year recurrence-interval flood as delineated
by the United States Army Corps of Engineers; in addition, any areas
identified in the future by anyone else expert and experienced in
the preparation of hydrological studies and the determination of flood
lines, subject to the review and approval of a professional engineer
selected by the Borough.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
That area within the flood hazard area capable of carrying
the waters of the base flood without increasing the water surface
elevation of the base flood more than one foot at any point. The land
included in the floodway area will be the areas identified as "floodway"
in the Flood Insurance Study prepared by the Federal Emergency Management
Agency. The term shall also include floodway areas which have been
identified in other available studies or sources of information for
these floodplain areas where no floodway has been identified in the
Flood Insurance Study prepared by the Federal Emergency Management
Agency.
See "area," Subsection B.
Generally, a plant community predominantly of trees and other
woody vegetation, growing more or less closely together. For purposes
of this chapter, an area, grove or stand of mature or largely mature
trees (six inches DBH) covering 1/4 acre or more or a grove or stand
of mature trees (12 inches or greater caliper) consisting of 10 or
more individual trees shall be deemed a "forest."
A person with a degree in forestry from a college or university
accredited by the Society of American Foresters who has experience
in wood lot management.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
Natural gas, methane gas, coal bed methane gas, propane,
butane and/or any other constituents or similar substances that are
produced by drilling a well of any depth into, through or below the
surface of the earth.
[Added 3-8-2011 by Ord. No. 522]
The well site preparation, well site construction, drilling,
hydraulic fracturing, and/or site restoration associated with a gas
well of any depth, including injection wells; water and other fluid
storage impoundment and transportation used for such activities; and
the installation and use of all associated equipment, including tanks,
compressor stations, meters and other equipment and structures whether
permanent or temporary; and the site preparation, construction, installation,
maintenance and repair of gas pipelines and associated equipment and
other equipment and activities associated with the exploration for,
production of and transportation of gas.
[Added 3-8-2011 by Ord. No. 522; amended 7-20-2021 by Ord. No. 555]
A site that consists of the area occupied by the facilities,
structures, materials and equipment (whether temporary or permanent)
necessary for or incidental to the drilling for, production of or
operation of a gas well.
[Added 3-8-2011 by Ord. No. 522]
That floodplain area for which no detailed flood elevations
or floodway information is provided. Such areas are shown as Zone
A on the maps accompanying the Flood Insurance Study prepared by the
Federal Emergency Management Agency. For these areas, elevation and
floodway information from other federal, state or other acceptable
source shall be used when available. When such other acceptable information
is not available, the elevation shall be determined by using the elevation
of a point on the boundary of the identified floodplain area which
is nearest the construction site.[1]
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
The floodplain area specifically identified in this article
as being inundated by the one-hundred-year flood.
Surfaces that prevent infiltration of water into the ground,
including all buildings, roofed areas, open decks or porches, parking
areas, driveways, streets, sidewalks and areas paved in concrete and
asphalt and any other areas determined by the Borough Engineer to
be impervious within the meaning of this definition. In addition,
any surface designed to be constructed of permeable, pervious or porous
concrete, asphalt, or pavers shall be considered an impervious surface.
[Amended 5-17-2016 by Ord. No. 544]
The percentage of the total lot area covered by impervious
surfaces, as defined herein.
Those wells and activities used to place fluids and/or gases
underground into porous geologic formations. Injected fluids and/or
gases may include carbon dioxide, fresh water, wastewater, brine (saltwater),
or water mixed with chemicals. Injection wells include all EPA classes
of injection wells.
[Added 7-20-2021 by Ord. No. 555]
Natural or artificial bodies of water which retain water
year round. Artificial ponds may be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool if there is any difference.
"Lakes" are bodies of water two or more acres in extent. "Ponds" are
bodies of water less than two acres in extent.
Areas of susceptibility to landsliding produced by the influence
of natural and/or man-related activity.
The cutting down of trees in or for any type of business
or commercial purpose, including the cutting of trees and clearing
of land for which an application for land development and subdivision
and any such cutting on an established lot.
LOTA parcel of land used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said "lot" abuts, even if the ownership to such right-of-way is in the owner of the "lot." A "lot," for the purpose of this chapter, may or may not coincide with a lot of record.
LOT AREASee "area."
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot butting upon a curved street or streets shall be considered a "corner lot" if the tangent to the curve at points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
INTERIOR LOTA lot which is connected to a street by an access strip of required minimum width. With an "interior lot," the front line shall be the line most parallel and closest to the street line at the end of the access strip and all other lines shall be side or rear lot lines.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line. In a case where there in only one side lot line, "lot width" shall be measured between such side lot line and the opposite rear lot line or street line at the required building setback line.
The ratio of enclosed ground floor area of the principal
and accessory buildings to the horizontally projected area of the
lot expressed as a percentage.
LOT LINEAny boundary line of a lot.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a line that is itself a street line and except that, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a "rear lot line." In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a "rear lot line."
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
LOT LINE, FRONTAny lot line which is a street line.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this article.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site completed and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
A small WCF that:
[Added 11-16-2021 by Ord. No. 556]
To reduce to the smallest amount possible. "Minimize" shall
not mean complete elimination but shall require that the most substantial
efforts possible under the circumstances have been taken to reduce
the adverse effect of the action required to be minimized. With respect
to activities, the conduct of which is adverse to the conservation
of the natural features of land, the requirement to "minimize" shall
include but not be limited to the requirement that the placement of
dwellings and other structures and the location of roads, sedimentation
and erosion control devices and earthmoving activities shall be planned
and designed so as to permit the adverse effect of the activity in
question to be reduced to the smallest amount possible under the circumstances
consistent with the otherwise permitted development.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exist way requirement, nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A building designed for general or specialty retail, or office
use, on the first floor, residential or office use on the second floor,
and residential use only above.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land under common ownership which has been planned
and improved for the placement of mobile homes for swelling or sleeping
purposes and for nontransient use.[2]
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 11-16-2021 by Ord. No. 556]
Structures for which the start of construction commenced
on or after July 8, 1974, and includes any subsequent improvements
thereto.
A lot the area or dimension of which was existing and lawful
at the time of enactment of this chapter or any amendment thereto
or any previously enacted zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use of land, a building or a structure which does not comply
in whole or in part with the applicable use provisions existing and
lawful at the time of enactment of this chapter or any amendment thereto
or any previously enacted zoning ordinance or amendment thereto.
Wireless communications facilities that are collocated on
existing structures, such as, but not limited to buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flag poles and other similar structures that
do not require the installation of a new tower.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
The residing of an individual or individuals overnight in
a dwelling unit or the storage or use of equipment, merchandise or
machinery in any public, commercial, or industrial building.
Shall include owner, owners, tenants, lessees and/or occupants.
[Added 1-21-2014 by Ord. No. 534]
PARKING AREA, PRIVATEAn open off-street area other than a private road or way, with adequate means of access, used exclusively for the parking of automobiles of occupants of the premises.
PARKING AREA, PUBLIC; PARKING LOT, PUBLICAn open off-street area other than a private road or way, with adequate means of access, available to the general public for the parking of motor vehicles.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
PRINCIPAL BUILDINGSee "building, principal."
PRINCIPAL USESee "use," Subsection C.
A building and related facilities, including land used for
both indoor and outdoor activities, owned or operated by a corporation,
association, or group of individuals established for the fraternal,
social, educational, recreational, or cultural enrichment of its members
and not primarily for profit and whose members pay dues and meet certain
prescribed qualifications for membership.
A private way used or intended to be used for passage by
motor vehicles.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
A formal meeting held pursuant to public notice by Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code, Act 247, as amended.
A forum held pursuant to notice under 65 Pa.C.S.A., Chapter
7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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 not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A building, structure or facility including generating and
switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, and valves relating to the furnishing
of utility services such as electric, gas, telephone, cable TV, water,
sanitary sewerage and public transit, to the public.
A recreation facility owned, maintained and operated by a
government agency and open to the general public.
A recreational facility provided as an accessory use on the
same lot as the principal permitted use and designed to be used primarily
by the occupants of the principal use and their guests.
A vehicle which is built on a single chassis, not more than
400 square feet, measured at the largest horizontal projections, designed
to be self-propelled or permanently towable by a light-duty truck,
and not designed for use as a permanent dwelling or as temporary living
quarters for a recreational, camping, travel or seasonal use.
The one-hundred-year flood elevation, plus a freeboard safety
factor of 1Â 1/2 feet.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 2-20-2018 by Ord.
No. 549]
Any structure or structures used for worship or religious
instruction, including social and administrative rooms and uses accessory
thereto, but not including any activity conducted for profit.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 11-16-2021 by Ord. No. 556]
RIGHT-OF-WAYLand set aside for use as a street, alley or other means of travel, as established by the commonwealth, other appropriate governing authorities or individual property owners, and currently in existence.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary as appropriate to provide adequate width for future street improvements.
A person occupying any room or group of rooms forming a single,
habitable unit used or intended to be used for living and sleeping
but not for cooking or eating purposes and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified, for purposes of this
chapter, not as a "roomer," "boarder," or "lodger" but as a guest
of a commercial lodging establishment (motel or hotel).
An educational institution under the sponsorship of a private
or public agency providing elementary or secondary curriculum, and
accredited or licensed by the commonwealth, and including, but not
limited to such appurtenant facilities as classroom buildings, assembly
areas, cafeterias, indoor and outdoor recreational areas, athletic,
multipurpose fields and dormitories.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited or remains suspended in water, it is usually referred to
as "sediment."
A method of selectively removing trees from a wooded area
either singly or in small groups according to age and size with provision
being made for natural or artificial revegetation.
The felling of certain but not all trees in an area for the
purposes of removing dead, damaged, mature or marketable timber, improving
the quality of a tree stand or species, or person domestic needs.
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government,
and other enterprises, including hotels and other lodging places,
personal, business, repair, and amusement services, health, legal,
engineering, and other professional services, educational services,
membership organizations, and other miscellaneous services.
PUBLIC SEWERAny municipal or privately owned sewer system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as an "off-lot" or "off-site" sewer. This shall include capped sewers when installed to the specifications of the Borough.
PRIVATE ON-LOT SEWAGE DISPOSAL SYSTEMAn on-lot septic tank disposal system providing for disposal of effluent for one building and its accessory building on a single lot of at least one acre.
COMMUNITY SEWAGE COLLECTION, TREATMENT AND/OR DISPOSAL SYSTEMA sanitary sewage system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on site or off site.
Any dwelling unit utilized as a single-family residence rented
or leased for the purpose of overnight lodging for a period of 30
days or less.
[Added 2-20-2018 by Ord.
No. 548]
Any signboard, ground sign, wall sign, illuminated sign,
projecting sign, temporary sign, pylon or pole sign, marquee, awning,
canopy or street clock, and shall include any announcement, declaration,
demonstration, display, illustration, or insignia used to advertise
or promote the interests of any person when the same is oriented toward
the public right-of-way and the view of the general public.
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into one or more lots.
All land area within the site as defined in the deed. Actual
area shall be from the actual site survey rather than a deed description.
All debris resulting from logging operations, including stems,
limbs, and parts thereof.
The face of an embankment or cut section, any ground whose
surface makes an angle with the plane of the horizon. "Slopes" are
expressed in a percentage based upon vertical distance in feet per
100 feet of horizontal distance.
A wireless communications facility that meets the following
criteria:
[Added 11-16-2021 by Ord. No. 556]
The wireless support structure on which antenna facilities are
mounted:
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume.
All accessory equipment associated with the wireless communications
facility (excluding antennas) is cumulatively no more than 28 cubic
feet in volume.
The wireless communications facility does not require antenna
structure registration under 47 CFR Part 17.
The wireless communications facility is not located on Tribal
lands, as defined under 36 CFR 800.16(x).
The wireless communications facility does not result in human
exposure to radiofrequency radiation in excess of the applicable safety
standards specified in 47 CFR 1.1307(b).
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
A lot, tract or parcel which is divided by a zoning district
boundary line.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or the ceiling
next above it where there is no floor.
LOCAL ACCESS STREETSThose used primarily to provide access to abutting properties.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept local access streets and provide routes carrying considerable volumes of traffic to community facilities and to arterial streets.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic including facilities classified as "main highways" and "secondary highways" by the Pennsylvania Department of Transportation.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
The dividing line between the street and the lot. The "street
line" shall be the same as the legal right-of-way, provided that where
a future right-of-way for a road or street has been established, then
that width shall determine the location of the "street line."
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, patios, sheds,
mobile homes, and other similar items.
[Amended 10-20-2015 by Ord. No. 541]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development,
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR § 1.6100.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
By virtue of engineering or spectrum usage, the proposed
placement for a small WCF or its design or site location can be implemented
without a material reduction in the functionality of the small WCF.
[Added 11-16-2021 by Ord. No. 556]
That part of a felled tree which is left above the part of
the tree to be utilized by the logger.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
USE BY RIGHTAn activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land without the need for additional administrative review and approval, and upon compliance with the applicable standards and requirements of this chapter.
USE, ACCESSORYA use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with the principal use.
USE, PRINCIPALThe main use of a lot.
Those entities which meet the definition of
and which are considered to be a "public utility" under the Pennsylvania
Public Utility Code, and which are subject to the jurisdiction of
the Pennsylvania Public Utility Commission.
Those entities formed under the Municipality
Authorities Act of 1945, as amended, and which provide water or sewer
service.
A modification of the literal provisions of this chapter
which the Zoning Hearing Board is permitted to grant when strict enforcement
of such provisions would cause undue hardship owing to circumstances
unique to the individual property for which the variance is sought.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1
et. seq.).
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
A stream of water, river, brook, creek or a channel or ditch
for water, whether natural or man-made.
Those areas that are inundated by surface or groundwater
with a frequency sufficient to support and which, under normal circumstances,
do support a prevalence of vegetative or aquatic life requiring saturated
soil conditions for growth and reproduction. "Wetlands" generally
include swamps, marshes, bogs and similar areas such as sloughs, potholes,
wet meadows, river overflow, mudflats and natural ponds.
Any of the following, however domesticated:
[Added 1-21-2014 by Ord. No. 534]
Dog family (Canidae): All except domesticated dogs, including
wolf, fox, coyote, dingo, etc.;
Cat family (Felidae): All except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.;
Bear (Ursidae): All bears, including grizzly bears, brown bears,
black bears, etc.;
Weasels (Mustelidae): All including weasels, martens, mink,
wolverine, ferrets, badgers, otters, ermine, mongoose, etc.;
Raccoons (Procynidae): All raccoons and civets;
Primates (Hominidae): All subhuman primates;
Porcupine (Erethizontidae): All porcupines;
Skunks;
Snakes: All venomous and constricting snakes; venomous lizards;
Crocodilians: All alligators, caimans, crocodiles, gavials,
etc.;
Venomous fish and piranha;
Venomous invertebrates.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 2-20-2018 by Ord.
No. 549]
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a standalone basis or commingled with other wireless
communications services.
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
[Added 2-20-2018 by Ord.
No. 549]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 2-20-2018 by Ord.
No. 549; amended 11-16-2021 by Ord. No. 556]
YARDAn open space unobstructed from the ground
up, on the same lot with a structure, extending along a lot line or
street line and inward to the structure. The size of a required "yard"
shall be measured as the shortest distance between the structure and
a lot line or street line.
[Amended 2-20-2018 by Ord. No. 548]
YARD, FRONTA yard between a structure and a street
line and extending the entire length of the street line. In the case
of a corner lot, the yards extending all streets are "front yards."
In the case of a lot other than a corner lot that fronts on more than
one street, the yards extending along all streets are "front yards."
YARD, REARA yard between a structure and a rear
lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side
lot line, extending from the front yard to the rear yard. In the case
of a lot having no street frontage or a lot of odd shape, any yard
that is not a front yard or a rear yard shall be considered a "side
yard."
A section of the Borough for which uniform regulations governing
the use, height, area and density and intensity of use of buildings
and land and open space about buildings are herein established.
That official appointed by the Borough who shall have the
duty and power to administer and enforce this chapter.
