A.Â
In the construction of this chapter, the rules and definitions contained
in this article shall be observed and applied, except when the context
clearly indicates otherwise:
(1)Â
Words used in the singular shall include the plural and the
plural and singular; and words used in the present tense shall include
the future.
(2)Â
The word "shall" is mandatory and not discretionary.
(3)Â
The word "may" is permissive.
(4)Â
The word "lot" includes the words "piece," "tract" and "parcel."
(5)Â
The word "building" includes all other structures of every kind
except "accessory buildings" when there is no "building" required
for a particular use; and the word "building" shall be construed as
if followed by the words "or part thereof."
(6)Â
The phrase "used for" includes the phrases "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
(7)Â
A "person" includes a firm, association, organization, partnership,
trust, company, corporation or heirs, agents, assigns or successors
as well as an individual person who is the responsible party directing
a zoning action.
(8)Â
The first letter or letter and number of the zoning districts
are their abbreviations.
(9)Â
The words "see" or "see section or illustration" are provided
for reference to related sections of this chapter.
B.Â
For the purpose of this chapter, certain terms and words are hereby
defined.
[Amended 10-13-1997 by Ord. No. 9-1997; 7-13-1998 by Ord. No.
5-1998]
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building, the use of which:
Is customarily incidental to that of the principal building
on the same lot.
Is not used for dwelling purposes nor normally occupied permanently
by personal associated with any use.
Is not attached to the principal building by a covered passageway
or wall more than three feet high, and shares no wall in common with
the principal building.
See "business use, accessory" and § 300-35.
A use which is subordinate to and customarily associated
with the principal use of a lot or building and located on the same
lot, provided that it is not noxious or offensive to neighboring permitted
uses by reason of appearance or emission of odor, dust, smoke, gas,
vibration or noise. All such uses must be permitted uses under this
chapter, and must meet performance standards. For the purposes of
this chapter, the uses shall be customarily and clearly incident and
subordinate to the principal use of the main structure or land. The
following uses are included:
Greenhouse, accessory to a dwelling and used exclusively by
occupants of the premises to cultivate plants as an avocation.
Loading space.
Farm building, such as a barn, silo, etc.
Sign.
Community garages or parking areas.
Fence, enclosure or screening wall or planting strip.
Accessory business. (See § 400-35).
Swimming pools, any pool permanently located either above or
below ground.
Off-street parking space.
The following may be permitted:
Community garages or parking areas.
Fence, enclosure or screening wall or planting strip.
Gift shop related to motel/hotel uses.
Restaurant related to motel/hotel uses.
Pharmacy related to motel/hotel uses.
Personal services related to motel/hotel uses.
Fruit and vegetable sales in an enclosed building in conjunction
with grocery sales.
The Pennsylvania Municipalities Planning Code, Act 247, of
the Commonwealth General Assembly, dated July 31, 1968, with the effective
date of January 1, 1969, as amended.[1]
Any commercial establishment in which is offered for sale
any book or publication, film or medium which depicts nudity or sexual
conduct.
An adult bookstore, movie theater or movie house or other
adult entertainment as defined herein. In the event that a use includes
activities which constitute an adult bookstore, adult movie theater
or movie house or adult entertainment as defined herein, then such
use shall be considered an adult business and shall be subject to
all provisions in this chapter applicable to adult business uses,
even if such activities are not the only activities conducted upon
the premises.
An establishment providing, either as sole use or in conjunction
with or in addition to other uses, entertainment consisting of the
use of live dancing, posing, displaying, acting or other live presentation
or use of persons whose action are distinguished or characterized
by emphasis on use of the human body in a manner intended to or resulting
in arousal of the human body in a manner intended to or resulting
in arousal of sexual excitation or sexual titillation or a prurient
interest or intended to or resulting in producing lustful emotions.
Any movie theater which shows films rated "X" by the Motion
Picture Coding Association of America or any movie theater which presents
for public viewing so-called "adult films" depicting sexual conduct,
as defined by this chapter.
A public way open to public travel which affords generally
a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation. An alley, lane or way shall
be at least 20 feet wide.
See Article XXIV.
The boarding, breeding, housing, keeping or medical treatment
of five or more animals six months old or older.
Equipment that transmits or receives broadcast signals such
as wireless telephone, pager, commercial mobile radio service or any
other wireless communication signals, including but not limited to
omnidirectional or whip antennas, directional or panel antennas and
microwave dishes owned and operated by any person or entity licensed
by the FCC to operate such equipment. This definition does not include
supporting structures, satellite dishes, or antennas used solely for
purposes such as ham radio, citizens band radio.
[Amended 3-9-2009 by Ord. No. 2-2009]
See § 300-139.
See "dwelling."
A landowner or developer or his authorized agent, as hereinafter
defined, who has filed an application for development, including his
heirs, successors and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a development plan.
A service garage, when especially designated by Council,
where vehicles, wrecked, abandoned or not in running condition, may
be temporarily stored.
An open area in conjunction with a new automobile sales establishment, other than a street or way, used for the display or sale of new and used automobiles or utility trailers and where minor repair work may be done within an enclosed building. (See § 300-44A).
See "garage, service" and § 300-44B.
See "gasoline service station."
A building, or portion thereof, where automobiles are washed, including the use of a chain conveyor, and blower or steam cleaning device. See § 300-44B.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune-ups, and transmission work, which is conducted within a completely
enclosed building.
[Added 4-8-2013 by Ord. No. 1-2013]
A nonpermanent structure which overhangs a public or private
pedestrian walkway to provide protection from the elements.
A portion of a building located partly underground, but having
1/2 or less of its clear floor-to-ceiling height below the average
grade of the adjoining ground. A basement shall not be counted as
a story for purposes of height measurement unless 1/2 or more of its
volume is above the average elevation of the finished grade at the
front of the building. An improved basement shall be counted as part
of the floor area for a dwelling. A residential dwelling may be permitted
as an accessory use in basements if all other requirements of this
or other ordinances are met. This shall not be construed to permit
a residential dwelling in a cellar.
The average elevation of the proposed grade line of the ground
at the front of the structure as shown on the construction plans;
in the case of a structure abutting the front property line, the elevation
of the curb in front of the center of the structure, or if there is
no curb, the elevation of the proposed grade line at the center of
the front lot line; in case no grade line is established, the actual
existing grade of the traveled roadway shall apply.
Includes liquor (state) stores and beer distributors.
A tract of land bounded by streets or other definite physical
or natural barriers, or by a combination of streets and public parks,
cemeteries, railroad rights-of-way, shorelines of waterways, or municipal
boundary lines of the City.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.[2]
See "rooming house" and § 300-33C.
See "garage service."
That portion of a zoning lot bounded by the required front,
side and rear yards; when a yard is not required, the boundary is
the lot line. (See Subsection J of the definition of "lot").
A structure having a roof supported by columns or walls used
for the housing or enclosure of persons, animals or goods.[3]
The vertical distance and the number of stories measured
from the basic grade to:
An imaginary line fixed by the required yard depth measured
back from and parallel to the nearest road right-of-way line or lot
line.
The building housing the principal use of the lot on which
it is located.
A detached accessory building or portion of a main building;
may be used for the parking or temporary storage of principal use
automobiles. (See "accessory use.")
Two or more main commercial, institutional or industrial
buildings grouped upon an area of land controlled by the landowner;
such as a shopping center, school, church, hospital, development or
industrial plant. (See "land development.")
Indicates the size, setbacks and location of buildings with
respect to each other, and includes the following:
A housing facility designed and intended to be used for a
temporary period of time to house oil and gas exploration workers.
Such facility is not intended to accommodate families or school aged
children. A bunk house may be a travel trailer, camper, mobile home
or a structured manufactures for this particular use.
[Added 12-12-2011 by Ord. No. 5-2011]
Commercial, and when referring to zoning districts, is an
interchangeable and equal reference.
Any business activity which renders service to other commercial
or industrial enterprises.
A special exception use including C-1 retail stores and personal
services establishments. (See "accessory use" and § 400-35.)
Areas which are located in S Districts, excluding floodplains,
which are used for camping. They should have a good access road and
several outlets which campers may tap into. The area should be segregated
into parcels not less than 50 square feet with the specific purposes
either mobilized camping facilities such as trailers or nonmobilized
facilities such as tents. In addition, adequate vehicle parking space
should be provided for each camp site. The City may assess a small
fee on the mobilized campers to cover the cost of the electric service
provided when on City owned land. No single trailer or tent may occupy
a camp site and no more than one site in the City for more than 60
days per year. Adequate arrangements must be made to guarantee the
sanitary storage, pickup and removal of solid waste (garbage).
A structure arranged, used or intended to be used for the shelter of a car and which includes a roof and is open from the roof to the ground on two or more sides [see § 300-101B(4)].[5]
In the case of an improved road, the portion which is paved
or improved for travel, and in the case of an unimproved road, the
entire graded surface.
A catering establishment may be an accessory use in a restaurant.
A portion of a building located partly or wholly underground,
and having 1/2 or more than 1/2 of its clear floor-to-ceiling height
below the average grade of the adjoining ground. Residential dwellings
shall not be permitted in cellars, but may be so permitted in basements
as accessory uses, if all other requirements of this chapter or other
ordinances are met.
See § 300-28.
Daytime, temporary care for preschool children, accredited
and listed with the controlling commonwealth agency.
City of Lower Burrell, Westmoreland County, Pennsylvania.
[Added 12-12-2011 by Ord. No. 5-2011]
Excavated earth. This shall not include scrap from commercial
or industrial operators, used building materials or vehicles not in
running condition.
A building designed and used for the medical, dental and
surgical diagnosis and treatment of human patients under the care
of doctors, nurses and trained personnel, but such patients are not
provided with board or room or hospitalized overnight on the premises.
Also permits counseling of patients.
An establishment operated for social, recreational or educational
purposes but open only to members and not the general public.
See "educational institutions."
Indicates business when referring to zoning districts.
The Planning Commission of Lower Burrell.
The Commonwealth of Pennsylvania.
A parcel of land or an area of water, or combination of land and water, within a development site and designed and intended for use or enjoyment of residents of a particular planned residential development, planned unit development or residential subdivision not including streets, off-street parking or loading areas and areas set aside for public facilities. Common open space shall be substantially free of structures, but may contain such improvements as are in the development plan or subdivision plat as finally approved and as are appropriate for the recreation of the residents. (See Article VIII).
A structure including, but not limited to, steel towers,
equipment sheds or cabinets, and monopoles, self-supporting or guyed
tower, the principal use of which is for public or private wireless
communication purposes including, but not limited to, wireless telephone,
pager, mobile domestic cellular telephone services and personal communication
services, or any other wireless communications signals and is owned
and/or operated by an entity or person licensed by the FCC to operate
such equipment but not subject to regulation by the Pennsylvania Public
Utility Commission. Not included are structures used solely for purposes
including, but not limited to, ham radios, and citizen band radios
or municipal services communications. The term "communication towers"
and "towers" shall be treated as synonymous.
[Amended 3-9-2009 by Ord. No. 2-2009]
See "improvement (performance bond)."
Joint ownership with clear title by an individual of one
or more dwelling units in a multiunit project. The individual owner
has unrestricted right of disposal of same, with the land and all
other parts of the project held in common with owners of the other
units. The multiunit structure and/or the individual units held in
common ownership as described above are referred to as condominiums;
with joint ownership of the common areas and an easement in their
use and in the common appurtenances, including the walls, roof, entrance
halls, elevators, heating system, electrical and plumbing system.
Also denotes a joint responsibility for the maintenance of common
areas and facilities.
Those gas and oil wells drilled to depths shallower than
the base of the Elk Sandstone or its stratigraphic equivalent, and
such oil and gas wells that are planned to involve drilling of a single
well on a well site for no more than seven consecutive days total
in any calendar year.
[Added 12-12-2011 by Ord. No. 5-2011]
The remodeling of a single-family dwelling unit into two
or more separate living units each having a minimum of 2,000 square
feet of lot area and 500 square feet of habitable area, one bathroom
and three habitable rooms, separate and private, sanitary, cooking
and dining facilities and a minimum of 1Â 1/2 off-street parking
spaces per dwelling unit. Basement and/or cellar dwellings shall not
be defined as conversion apartments.
An open, unoccupied and unobstructed space, other than a
yard, on a zoning lot, bounded by two or more sides of a building,
including similar area open to the sky, but not necessarily beginning
at the ground level.
See § 300-181.
That percentage of the plot or lot area covered by buildings.
(See Illustration No. 3 of Appendix A.)
A dead-end street having a suitable turnaround.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the municipality
lies.[7]
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:[8]
The City Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the Boards designated as having jurisdiction for such appeal.
The act, process or state of erecting all structures except
farm dwellings and structures.
The plan for development of a parcel of land, including a
plot of subdivision, all covenants relating to use, location and bulk
of buildings and other structures, intensity of use or density of
development, streets, ways and parking facilities, common open space
and public facilities.
Landowner, agent of such landowner or tenant with the permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
Indicates zoning district unless specified otherwise.
See § 300-33B.
A retail establishment providing service to automobiles or
the occupants thereof directly, usually requiring the occupants to
leave their automobiles. Such service includes minor repairs, replacements
or services to the automobiles, serving food or drink to the occupants,
or providing entertainment or facilities for transacting business
without leaving the automobile. Some drive-in businesses such as gasoline
service stations are described separately. Further, the provision
of an off-street parking lot for the convenience of customers served
for doing business within a building or structure does not constitute
a drive-in business.[9]
Shall be dust free; minimum width shall be 10 feet or 12
feet when used also as an entrance walk; minimum transition radius
at the curb shall be three feet to five feet with a twelve-foot curb
radius for commercial, industrial or other high-volume driveways;
where crossing required sidewalk and curb-or right-of-way areas, driveways
shalt be paved with concrete. As shown in Illustrations Nos. 9a and
9b of Appendix A,[10] right-of-way grading requirements shall apply to driveways and in any case, change in grade shall not exceed one inch vertical for every one foot horizontal within any 10 feet of distance. (See §§ 300-91O and 300-156).
See § 300-77B.
Any building or portion thereof which is designed for or
used for residential purposes. The word "dwelling" shall not include
hotels, motels or other structures used for transient residence. See
Illustration No. 2 of Appendix A.[12]
ONE-FAMILY DWELLINGA building designed for and used exclusively for occupancy by one family.
TWO-FAMILY (DOUBLES)A building designed or remodeled for and used exclusively for occupancy by two families living independently of each other. (See "conversion apartment").
MULTIFAMILY (APARTMENT) DWELLINGA building designed for and used exclusively for occupancy by three or more families, living independently of each other and characterized by a common entrance. (See "townhouse.")
GARDEN APARTMENTA multifamily structure, not exceeding three stories in height, sometimes designed around courts or common open areas, frequently having private balconies or patios.
ROW DWELLING or TOWNHOUSE (terms interchangeable)A multifamily dwelling on a zoning lot consisting of three but not more than six one family dwelling units attached side by side sharing a common wall. (See "townhouse.")
ROOMING HOUSEA dwelling with not more than one dwelling unit, where lodging is provided for more than two persons in addition to the family unit. (See "rooming house.")
HIGH-RISE DWELLING (MULTISTORY, MULTIFAMILY DWELLING)A dwelling unit building of more than three stories not exceeding 10 stories; plan of same to be reviewed by Planning Commission and Council for approval of architectural design. (See §§ 300-32F, 300-65B, 300-154.)
Deposit of any material other than clean fill without Zoning
Officer approval.
A grant by the owner of land by use by others, including the public. (See § 300-129C).
A porch with at least a parallel wall permanently located. Such wall shall extend from the floor (deck) to the roof of the porch, or any structure more than 6 1/2 feet in height even though open spaces or windows are a part of such wall. Whichever requirement is greater shall apply. (See § 300-128A and B.)
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the erection.
The removal of earth surface materials by the action of natural
elements.
The erection, construction, alteration or maintenance by public utilities, municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission, disposal or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, off-street parking spaces 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, safety or general welfare. (See § 300-88.)
A single person occupying a dwelling unit and maintaining a
household.
Two or more persons related by blood or marriage, occupying
a dwelling unit, living together and maintaining a common household,
including not more than two boarders or roomers; but
Not more than five unrelated persons occupying a dwelling unit,
living together and maintaining a common household. (See "transient.")
Any parcel of land containing at least 10 acres which may be used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of farm equipment; provided, that such buildings, other than one dwelling, are not within 300 feet of all property lines. Appeals by an applicant may be heard by the Zoning Hearing Board to determine variance on this distance. Truck gardens and nurseries shall be considered to be farms and may contain between one and 10 acres. (See § 300-135 and "manure piling.")
A fabricated barrier, the sole function of which is to enclose
or set apart an area of land.
Any act by which earth, sand, gravel, rock or any other soil
material is placed, pushed, dumped, pulled, transported or moved to
a new location above the natural surface of the ground or on top of
the stripped surface and includes the conditions resulting therefrom;
the difference in elevation between a point on the original ground
and a designated point of higher elevation on the final grade; the
material used to make a fill.
A fire station shall be considered a public use for the purpose
of this chapter.
The general and temporary condition of partial and complete
inundation of normally dry land areas from the overflow of streams,
rivers, watercourses or other inland water from any source.[13]
The area along a natural watercourse which is periodically,
or at least once in 25 years where substantial property damage occurs,
overflowed by water therefrom.[14]
The sum of the gross horizontal areas of one or more floors
of a building excluding cellar, attic, garage, open breezeway, open
porches and terraces. "Floor area," when prescribed as the basis of
measurement for off-street parking spaces and loading berths for any
use, shall mean the sum of gross horizontal areas of the floors of
the buildings, or portion thereof, devoted to such use, including,
space, counters, racks or closets and any basement floor processing
of goods, or to business or professional offices.
The area of storage space not devoted to such use (i.e., used
as storage exclusively, hallways and stairwell shall not be included
in the floor area and used for determining off-street parking and
loading requirements except that the area so excluded shall not exceed
30% of the total floor area per floor.
See § 300-33B.
The distance between the points of intersection of the side
lot lines with the front lot line. On a corner lot, frontage is the
distance along the front lot line between the side lot lines of the
lot. On lots arranged around the cul-de-sac, where the radius of curvature
of the street is less than 150 feet, "frontage" shall be deemed to
have the same meaning as "lot width."
See § 300-77C.
See § 300-33C.
A building or portion thereof, used for the storage and/or
service of motor vehicles.
One garage, or a group of detached garages arranged in a row or surrounding a common means of access, one story in height, and used exclusively for the parking of automobiles by residents, customers or persons engaged in conduct of establishments in the immediate vicinity of its location. (See § 300-100.)
A building or part thereof used for the repair of motor vehicles for remuneration, but not used for dismantling or scrapping of motor vehicles; a garage building available to the public and operated for gain and which is used for storage repair, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. Where more than two vehicles are located which are not in running condition and are not completely enclosed in a building, such premises shall be deemed a junkyard rather than a repair garage. This provision shall not apply to garages especially designated as automobile pounds by Council. (See § 300-44B.)
See § 300-77C.
Any building or premises used for the retail sale of liquefied petroleum products or other fuels for the propulsion of motor vehicles and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories and other items customarily associated with the sale of such products; for the rendering of services and making adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered, and repairs to motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof or complete recapping or retreading of tires. (See § 300-44C.)
Growing of household vegetables.
Must be of such a size and design as to satisfy, where applicable,
requirements of the Professional Golfer's Association. In addition,
a club house with locker and sanitary facilities shall be an integral
part of the course design.
The Council of the City of Lower Burrell, Westmoreland County,
Pennsylvania.
See "public uses," "semipublic uses" and § 300-151.
The degree of inclination of a road or slope.
See § 154-14.
May be an accessory use. (See § 300-98B.)
The total floor area of a shopping center designed for tenant
occupancy and exclusive use, including basements, mezzanines and upper
floors, if any, expressed in square feet.
A floor shall be deemed to be a ground floor if it does not
vary in elevation more than four feet from the level of the adjacent
ground to which it has direct access. A building on a sloping lot
can have a ground floor on two different levels.
One carried on within the principal dwelling or ancillary structure, by the resident thereof, as a customary secondary use in connection with which there is no person employed, no display, no sign other than a nameplate, no mechanical equipment other than normal domestic or household equipment; provided, such use does not occupy more than 25% of the total floor area of one floor, and does not require internal or external structural alterations or involve construction features not customary in dwellings and has an off-street area to accommodate patrons. Within a dwelling, the conduct of professional services, lawnmower sharpening and repairs, personal services and retail sale of articles produced on the premises provided such use is subordinate may be permitted. (See § 300-21.)
Home office of a doctor of medicine, minister of religion, or
other professional person situated in a dwelling unit which is the
home of the practitioner; provided, that not more than one assistant
is employed, no colleagues or associates use such office and no sign
is used other than a nameplate.
See § 300-33C.
A building containing sleeping rooms principally for use of transients and sometimes containing accessory uses, such as a kitchen and dining facilities, lounge, meeting rooms and convention facilities, and other business uses permitted within the zoning district. (See § 300-34.)
See "mobile home."
See § 300-98.
Any use other than the family laundry or storage of personal
articles of the family dwelling within the structure. (See "floor
area.")
A deposit of cash, bond, certified check or negotiable securities
and an agreement to the effect that the landowner or developer will
install required improvements. An improvement bond may be considered
a completion guarantee. [See §§ 154-13 and 300-174B(4).]
Indicates manufacturing when referring to zoning districts.
An open area where waste, used or secondhand materials are
bought, sold, exchanged, stored, baled, packaged, disassembled or
handled. Materials include but are not limited to scrap iron and other
metals, paper, rags, rubber tires and further includes an auto wrecking
yard, but does not include uses established entirely within enclosed
buildings. Any use of land which contains more than two vehicles which
are not in running condition and which are not completely enclosed
in a building shall be deemed a junkyard.
The improvement of one or more continuous lots, tracts or parcels
of land for any purpose involving:
A building; or
The division or allocation of land between or among two or more
existing or prospective occupants by means of, or for the purpose
of streets, common areas, leaseholds, building groups or other features;
a division of land into lots for the purpose of conveying such lots
singly or in groups to any person, partnership or corporation for
the purpose of erection of buildings by such person, partnership or
corporation.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee having a
remaining term of not less than 40 years or other person having a
proprietary interest in land.
Retail outlet for a laundry, providing for deposit and distribution
only.
The assembly, fabrication, manufacture, processing, production,
storage and/or wholesale distribution of goods or products where no
process involved will produce noise, vibration, fire hazard, air pollution
or other emissions noxious or dangerous to neighborhood properties
within 400 feet. Such goods or products include advertising signs
and displays; artificial limbs, braces and orthopedic devices; awnings,
tents and tarpaulins; bakery, dairy and food products, but not animal
slaughtering, curing nor rendering of fats; books, magazines, newspapers
and printed material; cabinets, custom millwork and woodworking; ceramics,
nonstructural tile and cement products; clothing and wearing apparel;
custom sheet metal work; dies and gauges; draperies; upholstery and
slipcovers; electrical instruments and electronic devices; home appliances,
radio and television; jewelry; lightweight nonferrous metal castings;
lithographic plates and photo engravings; machines; optical goods
and instruments; patterns; pharmaceutical products and medicines;
plastic moldings or extrusions but not the formulations of basic plastic
material; precision instruments; sporting goods; timepieces; toys;
type composition; and Venetian blinds. Also, the cleaning, maintenance,
repair and/or service of all products permitted above, batteries,
bicycles, boilers, guns, locks and rugs. Also animal care, exterminators,
freezer lockers and cold storage, laboratories, laundries, light machine
shops, machinery rental moving and storage, packing and crating service,
research laboratories with pilot plants, taxidermists and commercial
welding are included in this definition for the purpose of this chapter.
Storage and disposal, see § 300-78.
State liquor stores are considered as retail and wholesale
beverage distributors.
See "transient."
See § 300-25B.
LOT OF RECORDA lot in an S or R District which:
Fronts upon a street;
Is insufficient in size to meet the requirements for a one-family
dwelling; and
By documentary evidence acceptable to the Zoning Officer, is shown to be prior to and continuously since the effective date of this chapter, in separate and distinct ownership. (See § 300-149.)
CORNER LOTA lot situated at and abutting the intersection of two streets, having an interior angle of intersection not greater than 135°. See Illustration No. 4 of Appendix A.[17]
INTERIOR LOTA lot other than a corner lot with only one frontage on a street. See Illustration No. 4 of Appendix A.[18]
FRONT LOT LINEThat boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a public way. The front lot line of a corner lot is along the street on which the principal building faces. It is the intent of this definition that all principal buildings will face public streets or public ways. (See "frontage," "street line.")[19]
REAR LOT LINEThat boundary of a lot which is most distant from and is most nearly parallel to the front line, except for through or corner lots which have no rear lot line.
SIDE LOT LINEAny boundary of a lot which is not a front or rear lot line.
THROUGH LOT LINEA "double frontage" lot, the front and rear lines of which abut streets. See Illustration No. 4 of Appendix A.
ZONING LOTA parcel of land, fronting on a street, which is or may be occupied by a main structure or a unit group of buildings with accessory uses and structures permitted by this chapter and the open spaces required under this chapter.
LOT AREAThe total space on a horizontal plane within the boundary lines of a zoning lot, not including any part of a street or alley.
LOT DEPTHThe mean horizontal distance between the front and rear lot line.
LOT WIDTHThe distance between the side lines of the zoning lot measured at the shortest distance at or between the front and rear building lines as determined by the prescribed front and rear yard requirements.
See "street."
"Industrial" when referring to zoning districts.
Manure piling on farms and in conjunction with stabling horses and ponies must conform to Department of Environmental Protection, Chapter 243, Title 25, Rules and Regulations and be a minimum distance of 100 feet from any dwelling, and 50 feet from any property line. (See § 300-135 and "farm".)[20]
Marijuana for certified medical use as set forth in Act 16
of 2016.[21]
[Added 11-6-2023 by Ord. No. 7-2023]
Use of the premises by a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, holding
a permit issued by the Commonwealth of Pennsylvania Department of
Health, to dispense medical marijuana.
[Added 11-6-2023 by Ord. No. 7-2023]
The use of the premises by a person, including a natural
person, corporation, partnership, association, trust or other entity,
or any combination thereof, holding a permit from the Commonwealth
of Pennsylvania Department of Health, to grow and/or process medical
marijuana, with all growing and processing activity to be conducted
indoors.
[Added 11-6-2023 by Ord. No. 7-2023]
A chartered, nonprofit organization, the primary purpose of which is the advancement of its members or of the community in educational, recreational, fraternal, cultural, social or civic pursuits and activities. It shall not include living quarters for persons other than those engaged in the conduct of it; it shall not be operated for profit and alcoholic beverages shall not be served. (See § 300-33C.)
See § 154-11D.
Not to include gas and oil wells and oil and gas development.
(See § 154-11D.)
[Added 12-12-2011 by Ord. No. 5-2011]
See § 300-166.
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.[22], [23]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.[24]
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.[25]
See § 300-36F.
See "hotel; motel" and "tourist court."
The City of Lower Burrell, Westmoreland County, Pennsylvania.
A facility designed and constructed to compress natural gas
that originates from an oil or gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant, or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added 12-12-2011 by Ord. No. 5-2011]
A facility used to remove materials such as ethane, butane,
and other constituents or similar substances from natural gas to allow
such natural gas to be of such quality as is required or appropriate
for transmission or distribution to commercial markets but not including
facilities or equipment used primarily to remove water, water vapor,
oil or naturally occurring liquids from natural gas. This includes
a dew point control facility.
[Added 12-12-2011 by Ord. No. 5-2011]
See §§ 154-11 and 154-14.
The neighborhood commercial or shopping center provides mostly
for the sale of convenience goods: foods, drugs and sundries; and
personal services: laundry, dry cleaning, barbering and shoe repairing;
for day-to-day living needs.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.[28]
A sign lawfully existing at the time of the enactment of
this chapter (or as later amended), which does not conform to the
sign regulations applicable in the zoning district in which it is
located.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.[29]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.[30]
See § 300-184 and "use."
Material which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
upon the psychological, social or economic well being of individuals.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple or the depiction of covered
male genitals in a discernibly turgid state.[31]
See "farm."
A home operated similarly to a boarding house, but not restricted
to any number of guests or guest rooms and the operator of which is
licensed by the state or county to give special care and supervision
to his or her charges, and in which nursing, dietary and other personal
services are furnished to convalescents, invalids and aged persons,
but in which homes are kept no persons suffering from a mental sickness,
mental disease, disorder or ailment, or from a contagious or communicable
disease, and in which homes are performed no surgery, maternity or
other primary treatments such as are customarily provided in sanitariums
or hospitals, and in which no persons are kept or served who normally
would be admittable to a mental hospital.
The written authorization issued by the Zoning Officer for use of land or buildings. (See § 300-174B.)
See § 300-77.
Any areas arranged, designed, used or intended for use for
the parking of five or more motor vehicles. (See "parking area.")
An essential service; a parking area or garage, either minor, private or community, may be substituted for each other and may be a principal use. (See § 300-91.)
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane, and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through, and
below the surface of the earth. It is not to include the term "minerals."
[Added 12-12-2011 by Ord. No. 5-2011]
The well site preparation, well site construction, drilling,
hydraulic fracturing, and/or site restoration associated with an oil
and gas well; water and other fluid storage, impoundment and transportation
used for such activities; and the installation and use of all associated
equipment, including tanks, meters, and other equipment and structures,
whether permanent or temporary; and the site preparation, construction,
installation, maintenance and repair of oil and gas pipelines and
associated equipment and other equipment and activities associated
with the exploration for, production and transportation of oil and
gas other than natural gas compressor stations and natural gas processing
plants or facilities performing the equivalent functions that operate
as midstream facilities.
[Added 12-12-2011 by Ord. No. 5-2011]
The drilling and operation of oil or gas wells but not including
conventional gas and oil wells. The underground activities and processes
used and the migration of gas or oil from a subsurface area to a gas
or oil well site at the surface shall not in and of themselves constitute
mineral removal and are allowed to occur in Conservancy (S) and Industrial
(I) Zoning Districts as a conditional use.
[Added 12-12-2011 by Ord. No. 5-2011]
A parcel or parcels of land and/or an area of water within a municipality and designed and intended for the use and enjoyment of all municipal residents, not including areas set aside for public facilities. Such space shall be substantially free of structures but may contain such improvements (recreation space) as are indicated in the County or City Comprehensive Plans and/or are appropriate for the recreation of County or City residents. [See § 300-65C and Act 247, Art VII, § 705(d)(1).[32]]
Any person, partnership, company, corporation and its subcontractors
and agents who has an interest in real estate for the purpose of exploring
or drilling for, producing, or transporting oil or gas and also any
"well operator" or "operator" as defined in the Pennsylvania Oil and
Gas Act.[33]
[Added 12-12-2011 by Ord. No. 5-2011]
Any person or legal entity having a proprietary interest
in the land that is zoned.
See "lot."
An open space other than a street or alley used exclusively
for the parking of automobiles. (See "off-street parking.")
MINOR PARKING AREAA parking area which is an accessory use on the same zoning lot.
COMMUNITY PARKING AREAA parking area used exclusively by the residents, customers or persons engaged in conduct of establishments in the immediate vicinity of its location. (See "off-street parking.")
Material which is suspended in or discharged into the atmosphere
in finely divided form as a liquid or solid at atmospheric temperature.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, glare or
heat generated by or inherent in uses of land or buildings.
See "use."
Any commercial establishment providing services pertaining
to the person, his apparel or personal effects commonly carried on
or about the person and including hair dressing, shoe repair, tailoring
and cleaning on the premises of wearing apparel brought to the establishment
by the customer.
Includes tables, pavilions or some other type of shelter,
rest rooms within the defined picnic area, an athletic field, fresh
water, barbecue areas, and where feasible, playground equipment. Where
these facilities are provided by the City through tax revenues, such
facilities may be available free of charge to the residents of the
City.
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 this chapter.[34]
The same as "planned residential development."
See "commission" and Article XX.
The map, plot plan or plan of a subdivision or land development,
whether preliminary or final.
See "plat."
A point in the center of a traffic intersection where the
two streets or road center lines meet.
A dwelling being or consisting of one or more units designed
to be folded, collapsed or telescoped when towed, to be expanded later
into one integral unit for additional cubic capacity and placement
on permanent foundations.
That use or purpose for which a building, structure and/or land or major portion thereof, is designed, arranged, intended or for which it may be occupied or maintained under this chapter. The use of any minor portion of a building, a structure and/or land on the same lot for incidental, subordinate or supplementary uses to the principal use and permissible under this chapter shall be considered an accessory use. (See §§ 300-98 and 300-137.)
Any office or establishment of those whose training qualifies
them to provide specialized services to the community in the commonly
recognized professions (education, engineering, law, medicine, music,
philosophy, science, theology, the arts (architecture, drama, music,
painting, photography, writing) and similar activities (insurance,
real estate).
Any occupied residence, commercial business, school, religious
institution or other public building located within 1,000 feet of
the surface location of a well that may be impacted by noise generated
from drilling or hydraulic activity at a well site. The term shall
not include any structure owned by an oil and gas lessor who has signed
a lease with the operator granting surface rights to drill the subject
well or whose owner (or occupants) has (have) signed a waiver relieving
the operator from implementation of the measure established in this
chapter for the owner's (occupants') benefit.
[Added 12-12-2011 by Ord. No. 5-2011]
Includes:[35]
A formal meeting held pursuant to public notice by the City
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.[36]
Notice published once each week for two successive 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 not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.[37],[38]
Schools, parks, playgrounds, administrative, cultural and service buildings owned and operated by a government agency, but not including public land or buildings devoted primarily or solely to the storage or maintenance of equipment and material unless adequately screened. (See § 300-151.)
A building and equipment for refining or processing oil or
gas or similar products.
[Added 12-12-2011 by Ord. No. 5-2011]
A shopping center providing primarily for the retail sale of goods and services. It is built around a "chain" department or variety store as the major tenant. It serves as a general business district (see § 300-39) for people beyond the City limits and within 30 minutes driving time. Minimum gross leasable area shall be 100,000 square feet for purposes of definition only. Minimum site area shall be 10 acres. (See §§ 300-42E, 300-46 and 300-111D.)
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.[39]
Any commercial establishment offering goods, merchandise
or other items for sale at retail to the customer, including bake
shops and candy shops where foods are prepared for sale on the premises.
Land reserved for use as a street or for other public use.
A residential building other than a hotel where lodging is
offered by prearrangement for a definite period for compensation for
three or more persons; however, they are not open to transient guests,
in contrast to hotels, motels or tourist homes which are open to transients.
These uses are located in zoning lots with a minimum area of 10,000
square feet, plus 300 square feet for each sleeping room in excess
of four, provided one-family area and height requirements are met.
Boarding houses are similar, but include the provision of meals.
See "dwelling" and "townhouse."
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.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from he subject tract, as permitted by prevailing zoning.
See "educational institutions."
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, including auto wrecking yards, places or yards for use
of salvaged wrecking and structural steel materials and equipment,
but excluding such uses when conducted entirely within a completely
enclosed building, and excluding pawn shops and establishments for
sale, purchase or storage and used cars in operable condition, salvaged
machinery, used furniture and household equipment and the processing
of used, discarded or salvaged material as part of manufacturing operations;
included as solid waste disposal sites.
See § 300-166.
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."
Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature. (See § 300-151.)
See § 300-78.
See § 300-89.
Patently offensive representation or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patented
representations, descriptions or acts of masturbation, excretory functions,
homosexuality, sodomy, sexual intercourse or physical contact with
a person's clothed or unclothed genitals, pubic area, buttocks or,
if such person be female, breast.
See "building, unit group."
Four feet shall be the minimum width required, concrete shall be the composition and the required front and side yards may be the location. (See § 300-129H.)
The maximum distance of unobstructed vision, in a horizontal
or vertical plane, along a street from a vehicle located at any given
point on the street which shall take into account the visibility over
a crest vertical curve and the extent of headlight illumination across
a sag vertical curve. See PennDOT Publication 201, Engineering and
Traffic Studies.[40]
Any single surface, device or structure exposed to public
view fixed or movable having lettered, pictorial or sculptured matter
designed and placed to direct attention to an object, product, menu,
place, activity, person, institution, organization or business. The
term "sign" does not apply to a religious, patriotic, fraternal, national
or cultural symbol, if unaccompanied by lettering, when applied to
the cornice, wall, tower or spire as part of a building.
The entire area within the dimensions of the sign device or structure usable for display and lighting. However, such gross surface shall not include any structural elements lying outside the dimension limits of such sign and not forming an integral part of the display. (See Article XIV.)
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
See § 300-77A.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
See § 300-79 and "scrap yard."
See § 300-33B.
A structure or portion thereof, accessory to a residential use, used as a shelter for horses and/or ponies. An adequate fence or barrier shall be provided. (See § 300-28B.)
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, the space between such floor and the next ceiling above it, but not including a basement when more than 1/2 of such basement volume is below the finished grade level of the lot.
HALF-STORYA story under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. (See Illustration No. 1 of Appendix A.[42])
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.[43]
ARTERIAL STREETA street which is used primarily for high-speed or heavy traffic of an intercommunity nature, includes major state, county and City roads, streets or highways having regional as well as local significance. Arterials are major streets.
COLLECTOR STREETA street which carries traffic from minor streets to the arterial system. Collectors are major streets.
STREET LINEThe line defining the edge of the legal width of a dedicated street right-of-way. The street line is also the front lot line.
MAJOR STREET, ARTERIAL OR COLLECTORA street intended for large volumes of traffic. See Subsections A and B hereof.
MINOR STREET (LOCAL)A street which is primarily for access to the abutting properties. Certain minor streets may be culs-de-sac.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.[44]
ACCESSORY STRUCTUREDetached, subordinate structure, utilized for the principal or an accessory use, including all permanent structures of such type.
ALTERATION OF STRUCTUREAny change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns or girders.
HEIGHT OF STRUCTURE (other than a building)The vertical distance measured from the basic grade to the highest point of the structure.
TEMPORARY STRUCTUREA structure that is removed seasonally or more often, including structures that comply with the requirements in § 300-96, private swimming pools not permanently located, boats and utility trailers which are located from only one day to two weeks in a sixty-day period in rear yard or completely closed building. The following shall not be considered as a temporary structure:
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.[45]
MINOR SUBDIVISIONThe subdivision of a lot, tract or parcel of land into two tracts or parcels and containing not more than six acres of total land area. Any lots further subdivided from any portion of the original lot, tract or parcel, if divided within five years, must meet the requirements of major subdivision.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
See "gross surface area."
A stretch of land to gather or carry surface water contained,
graded or directed to be lower than adjacent land.
SWIMMING POOLAn artificially created body of water used for recreation and including any apparatus and equipment necessary to maintain the premises and the healthful condition of the water. Such facility may be publicly, privately (nonprofit) or commercially owned and operated. Pools are considered an accessory use when permanent or may be a temporary pool if moved seasonally; however, temporary pools shall not include those that are inflatable.
PRIVATE SWIMMING CLUBA private club incorporated as a nonprofit organization, maintaining and operating a swimming pool, without buildings or structures or other outdoor recreation facilities, with specified limits upon the number of members or with specified limits on the area of residence of members, for the exclusive use of members and guests.
PRIVATE SWIMMING POOLA swimming pool and the apparatus and equipment necessary for its operation, accessory to a residential use, which is maintained solely for the use of residents of the premises on which the pool is located and for their guests, without charge for admission and not for the purpose of profit or in connection with any building operated for profit.
PUBLIC SWIMMING POOLSee § 300-153.
See § 1104.[46]
See Subsection D of the definition of "structure."
Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or human debris. Topsoil is usually found in the uppermost soil layer call the "A Horizon." (See § 154-11.)
A group of attached or detached buildings containing only
individual sleeping rooms or living units, except in the case of quarters
for the resident manager or proprietor, with separate accessory facilities,
designed for temporary use by automobile tourists or transients, and
includes auto courts, motels, hotels or motor lodges.
Any lot or building lot, or any structure located on any
lot or building lot, on which communication towers are located or
proposed to be located. Only one tower shall be permitted per lot.
[Amended 3-9-2009 by Ord. No. 2-2009]
A residential structure containing three or more attached
single-family dwelling units. Each dwelling unit has a recorded lot
in addition to a vested interest in common open space when required.
The structure may be one or two stories in height. (See Subsection
E of the definition of "dwelling" and "row house.")
Those materials which are capable of causing injury to living
organisms by chemical means when presented in large or relatively
small amounts.
See "lot."
COMMERCIAL TRAILERS AND SEMITRAILERSVehicles not equipped with automotive power, constructed for attachment to commercial automobiles or to tractors to supplement the carrying capacity of such automobiles or tractors.
HOUSE TRAILERSee "mobile home."
TRAVEL TRAILER (related camping and recreational equipment)Camping and recreational equipment including travel trailers, pickup coaches, motorized homes, boats and boat trailers, as defined below:
A travel trailer is a vehicular, portable structure mounted
on a chassis and designed for temporary (short-term) occupancy for
travel, recreation and vacation purposes; permanently identified as
a travel trailer by the manufacturer of the trailer; and, when factory
equipped for the road, having a body width not exceeding eight feet
and provided its gross weight does not exceed 4,500 pounds or any
weight provided its body length does not exceed 17 feet.
A pickup coach is a structure designed primarily to be mounted
on a pickup or truck chassis with sufficient equipment to render it
suitable for use as a temporary dwelling for travel, recreation and
vacation use.
A motorized home is a portable dwelling designed and constructed
as an integral part of a self-propelled vehicle which is usually used
for camping or vacation purposes.
A boat is a vessel not exceeding 20 feet in length and designed
to travel on water.
A boat trailer is a trailer designed to haul a boat as defined
above.
UTILITY TRAILERTrailers not used for commercial purposes and designed for use with private passenger automobiles but excluding mobile homes or house trailers.
Any individual residing or stopping in the City for less
than 30 days at any one time. A maximum of two transients or lodgers
shall be included as a part of the family in a one or two-family dwelling.
(See "family" and "rooming house.")
See § 154-10.
See "farm."
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. (See Article XVIII.)
See § 300-89.
See "driveway opening."[48]
Any vehicle, which by routine inspection can be determined
to be seriously or permanently disabled, abandoned or in process of
being dismantled, shall be considered to be not in running condition.
The absence of a currently valid license or inspection sticker shall
be deemed evidence that a vehicle is not in running condition. A vehicle
not in running condition for more than 60 days is not considered to
be an accessory use.
See "scrap yard" and § 300-78.
A permanent or intermittent stream, river, spring, brook,
creek or a channel or ditch for water whether natural or man-made.
See § 300-89.
A graded pad designed and constructed for the drilling of
one or more oil and gas wells.
[Added 12-12-2011 by Ord. No. 5-2011]
A required open space on a lot, other than a court, unoccupied
and unobstructed from the ground to the sky, except as otherwise provided
and not including any portion of a street or alley. (See Illustration
Nos. 5, 6 and 7.[49])
FRONT YARDA yard extending across the full width of the lot and abutting the front lot line, the required depth of which yard is a prescribed minimum distance between the front lot line and a line parallel thereto on the lot known as the front line of the buildable area of the lot. (See Illustrations Nos. 5, 6 and 7.)
REAR YARDA yard extending across the full width of the lot and abutting the rear lot line, the required depth of which yard is prescribed minimum distance between the rear lot line and a line parallel thereto on the lot known as the rear line of the buildable area of the lot. (See Illustrations Nos. 5, 6 and 7.)
SIDE YARDA yard abutting a side lot line, extending from the front yard to the rear yard, the require width of which yard is prescribed minimum distance between the side lot line and a line parallel thereto on the lot known as the side line of the buildable area. (See Illustrations Nos. 5, 6 and 7.)
A map indicating the zoning districts of the City together
with all amendments thereto subsequently adopted.
The Zoning Officer or his authorized representatives, appointed
by Council.
Ordinance 3-1985, passed October 7, 1985, as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: Appendix A is on file in the City offices.
[6]
Editor's Note: Appendix A is on file in the City offices.
[10]
Editor's Note: Appendix A is on file in the City offices.
[12]
Editor's Note: Appendix A is on file in the City offices.
[17]
Editor's Note: Appendix A is on file in the City offices.
[18]
Editor's Note: Appendix A is on file in the City offices.
[21]
Editor’s Note: See 35 P.S. § 10231.101 et seq.
[26]
Editor's Note: See 53 P.S. § 10101 et seq.
[32]
Editor's Note: See 53 P.S. § 10705(d)(1).
[33]
Editor's Note: Said Act was repealed 2-14-2012 by P.L. 87,
No. 13; see now 58 Pa.C.S.A. § 3201 et seq.
[42]
Editor's Note: Appendix A is on file in the City offices.
[46]
Editor's Note: So in original.
[49]
Editor's Note: Appendix A, including said illustrations, is
on file in the City offices.
