[Ord. 560, 6/11/1996, Art. IV, § 1]
1.
For the purpose of interpretation of this chapter certain terms and
words used herein shall be interpreted or defined as follows:
A.
Words in the present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
B.
The word "person" shall include a firm, association, corporation,
company, trust, or partnership as well as an individual.
C.
The word "lot" shall include the words "plot," "tract" or "parcel."
D.
The word "shall" is a mandatory requirement, the word "may" is a
permissive requirement, and the word "should" is a preferred requirement.
E.
The words "used" or "occupied" include the words "intended, arranged
or designed to be used or occupied."
F.
The masculine gender shall also include the feminine gender. The
particular shall control the general.
[Ord. 560, 6/11/1996, Art. IV, § 2; as amended
by Ord. 568, 11/10/1997; by Ord. 623, 2/14/2006; by Ord. 628, 7/11/2006,
§ 1; and by Ord. 631, 3/13/2007, § 1]
In addition to the following definitions, diagrams illustrating
key lot, area and dimensional terms may appear at the end of this
Part. In case of any difference in meaning or implication between
the text of this chapter and any caption or illustration, the text
shall prevail and control.
Any use, object, or structure constructed or installed on,
or above, or below the surface of a parcel, which is located on the
same lot as a principal use, object or structure, and which is subordinate
to or serves the principal use, object or structure, and is customarily
incidental to the principal use, object or structure. Among other
things, "accessory use" includes anything of a subordinate nature
attached to or detached from a principal structure or use, such as
fences, walls, sheds, garages, parking places, decks, poles, poster
panels, and billboards. Except as otherwise provided in this chapter,
an accessory use shall be a permitted use.
Any theater, magazine shop, bookstore or other establishment
which at any time displays motion pictures, video tapes, books, magazines
or any form of live entertainment of a sexual nature or content; including,
but not limited to, the display of any motion picture, video tapes,
book, magazine, dancing or any other form of live "entertainment"
which is "X-rated," has been judged to be pornographic or obscene,
depicts any live or simulated sex act, or includes exposed male or
female genitalia in an aroused state.
See "thoroughfare."
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
Any business or portion thereof, having on its premises for
use by the public, four or more coin or token operated video or electromechanical
amusement devices.
See "clinic, veterinary."
Any device for the transmission and/or reception of communications
signals including, but not limited to:
Cellular telephone towers.
Microwave telecommunications towers.
Radio and television transmitting towers.
Ham radio towers.
Satellite dishes.
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For the purpose of this definition, "tower" includes any structure
that supports an antenna for any communications purpose, regardless
of design.
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See "dwelling."
Any landowner, agent for a landowner, person having a leasehold
interest in the land or person having an option to purchase the land,
who has filed an application for development including his heirs,
successors and assigns.
For the definition of "arterial street," see "thoroughfare."
The following Borough streets are hereby classified as "arterial streets:"
Any automatic teller machine (as used in the finance industry).
The major or minor repair, rebuilding or reconditioning of
motor vehicles or parts thereof, including collision (body and frame)
service, painting, and steam cleaning of vehicles.
The offer for sale, rental or lease of new or used motor
vehicles, mobile homes, boats, campers or trailers (under 9,000 pounds
GVW); may include offices, showrooms and service/repair areas; provided
that any area for service/repair is contained completely within an
enclosed building and provided that all items offered for sale, rental
or lease are displayed and offered only on the premises.
Any retail business including buildings and premises where gasoline,
oil, grease, antifreeze, other coolants, batteries, tires, spark plugs,
bulbs, fuses, exhaust systems, water hoses, fan belts, brake and transmission
fluids, brakes, windshield wipers and blades, wheel bearings, suspension
systems, mirrors, radiators, heating and air conditioning systems,
electrical systems, fuel/oil pumps and lines, and other motor vehicle
parts or accessories may be sold, supplied, cleaned, repaired, serviced
and/or dispensed at retail; and where, in addition the following services
may be rendered and sales made:
Minor vehicle repair work.
Soft drinks or other non-alcoholic beverages, packaged food,
tobacco product, and similar convenience goods or service station
customers, as accessory uses clearly incidental to the principal use.
Vehicle washing and waxing by hand; service to be provided by
the employee(s), not the customer.
Road maps and other informational material.
Public rest rooms.
Warranty maintenance.
Safety inspections.
And, in addition, the following sales and service shall be expressly
excluded from this definition:
Recapping or re-grooving tires.
Painting, of any kind.
Collision work, of any kind, including, but not limited to,
body and/or frame work.
Major engine repairs which require the removal of the head or
crankcase or which require storage of the vehicle or accessory vehicles
anywhere on the premises for any period of time in excess of two calendar
weeks.
Any work which requires racing the motor.
The sale of any motor vehicle, motor home, mobile home, boat,
camper, trailer or other vehicle or accessory vehicle from any location
inside or outside a structure on the lot.
The permanent or temporary storage of any vehicle, motor home,
mobile home, boat, camper, trailer or other vehicle or accessory vehicle
which is unlicensed, inoperable, or partially dismantled for any period
exceeding two calendar weeks.
The dismantling, salvaging or storage of any vehicle, motor
home, mobile home, boat, camper, trailer or other accessory vehicle
or used vehicle part.
The sale of any alcoholic beverage.
Automatic vehicle washing and/or waxing devices; except as may
be provided elsewhere in this chapter as an approved conditional use
accessory to the automotive service station or service station garage.
Any establishment which includes the dismantling or wrecking
of motor vehicles, mobile homes, boats, campers or trailers; or the
storage, sale or dumping of dismantled, partially dismantled, obsolete
or wrecked motor vehicles, mobile homes, boats, campers, trailers
or their parts.
Any story wholly or partly underground, but having at least
1/2 of its height below the average level of the adjoining ground.
Any single-family dwelling which is the principal residence
of the owner/operator where no more than four sleeping rooms are offered
to transient overnight guests for compensation and where the only
meal available to overnight guests is breakfast.
Any off-premises sign which advertises an establishment,
activity, person, product or service which is unrelated to or unavailable
on the premises on which it is situated and which may be either freestanding
or attached to or applied directly to the surface of a building or
other structure.
The Zoning Hearing Board established by this chapter.
Any building, structure or part thereof, in which more than
four sleeping rooms are provided by the owner or operator for compensation
to transient or non-transient individuals and where meals are available
or provided. A boarding house shall not include dormitories, fraternity
or sorority houses, or any residence that provides personal services
associated with group residences, group care facilities, transitional
dwellings or personal care homes as defined by this chapter.
The Borough of West Homestead, Pennsylvania.
Any registered professional civil engineer appointed by Council
to serve as the Borough's municipal engineer.
Any landscaped area of certain specific dimensions as may
be required by this chapter which shall be planted and maintained
with approved landscaping materials and which is designed to serve
as a buffer between adjacent uses of differing character; a plan for
which has been designed by the owner or a certified landscape architect
under contract from the owner and which has been reviewed and approved
by the commission.
The area of the lot, exclusive of all required yards, setbacks
and buffers, upon which a building may be constructed. (See also "lot,"
below).
Any structure designed or intended for the support, enclosure,
shelter, or protection of persons, animals, chattel, or property.
Any subordinate building detached from, but on the same lot
as, the principal building; the use of which is incidental and accessory
to that of the main building or use.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The person appointed by council to review and approve all
proposed plans for new construction in the Borough to assure compliance
with all applicable construction standards, to monitor construction
progress in accordance with the approved plans, and to issue a certificate
of occupancy certifying completion of the project in accordance with
the approved construction plans and all applicable construction standards.
See "setback line."
Any building in which the main or principal use, of the lot
upon which said building is situated, is conducted.
The term used to describe the requirements outlining the
size of permitted structures in a district and the relationship between
permitted structures, required open space, required buffer areas,
and lot lines. Requirements may include standards outlining the maximum
or minimum size and dimensions of permitted structures, zoning lots,
yard areas, buffers or other open spaces.
CONVENIENCE BUSINESSCommercial establishments situated along high-volume traffic corridors (arterial street) only which are generally located in close proximity to residential districts. Convenience business classification uses generally include, but are not necessarily limited to: a mix of residential, professional office, personal service and convenience retail uses (including: drug stores, branch financial institutions, ATM's, beauty and/or barber shops, carry-out establishments, dry cleaning and laundry pick-up establishments, florists, newsstands, eating establishments with less than 5,000 square feet of GFA; and grocery and convenience stores with less than 10,000 square feet of GFA; but specifically excluding fast food and drive-in restaurants and drinking establishments). Uses in this classification tend to serve daily consumer needs.
GENERAL BUSINESSCommercial uses situated along high-volume traffic corridors (arterial streets) or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the entire community. Uses generally include, but are not necessarily limited to: supermarkets, business services, hardware, apparel, footwear, appliances, furniture, discount and department stores, all types of eating and drinking establishments, financial institutions, theaters, automobile service stations, truck and auto sales and service, hotels and motels, and commercial recreation.
B-1 General Business District.
Any profit making activity which renders services primarily
to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes and/or businesses. Business
services uses generally include, but are not necessarily limited to:
advertising and public relations firms, management and consulting
services, security and maintenance services, equipment rental/leasing,
and computer and data processing related sales and services.
Any business establishment that sells commodities in large
quantities or by the piece to retailers, jobbers, other wholesale
establishments, or manufacturing establishments, where these commodities
are intended for further resale, use in the fabrication of a product,
or use by a business service establishment.
Any lightweight structure attached to the ground and/or to
a wall and which is extended over a sidewalk or other pedestrian walkway,
where such structure is used primarily for purposes of shelter and
not advertising.
Any structure used for the shelter of a vehicle, which includes
a roof attached to the side or back of the principal building and/or
is supported by columns and which is substantially open to light and
air on two or more sides.
That portion of public street right-of-way used for vehicular
traffic; usually the inside curb-to-curb width of the roadway.
Any structure, or portion thereof, either fully or partially
enclosed, where one or more vehicles may be washed using mechanized
equipment, either manual (self-service) or automated.
See "basement."
Any land used or intended to be used for the burial of the
human or animal dead and dedicated for cemetery purposes, including
crematories, mausoleums, and mortuaries if operated in connection
with and within the boundaries of such cemetery.
A certificate of use, occupancy and compliance issued by
the chief building officer upon site inspection, attesting that the
structure and/or the proposed use:
Administering to the needs of infants, toddlers, pre-school
children, and children outside of normal school hours by persons other
than the parents, guardians, custodians, or relatives by blood, marriage,
or adoption of the children for any part of the twenty-four-hour day
at a location other than the child's personal residence.
Any building, other than a dwelling used primarily as a place
of worship for a recognized religious denomination which may also
include as accessory uses rooms for religious education, social or
recreational activities, administrative facilities, and child or elderly
day care.
The unobstructed line of sight along both roads or driveways
at an intersection and across their included corner or distances sufficient
to allow the operators of vehicles approaching simultaneously to see
each other in time to prevent a collision. The minimum sight triangle
may vary according to the type of street and the posted legal speed
limit. Sight distance along the street shall be measured at the height
of the driver's eye, which is assumed for purposes of this definition
to be 3.75 feet above the surface of the roadway.
Any establishment for the examination, diagnosis and treatment
of human outpatients by doctors or dentists, including doctor, dental
or medical offices, provided that patients are not kept overnight
except under emergency conditions.
Any establishment where veterinarians examine and treat animals;
including the temporary boarding of not more than eight animals during
treatment.
Any building or portion thereof or premises used for social,
literary, political, educational, or recreational purposes primarily
for the exclusive use of members or their guests.
For the definition of "collector street," see "thoroughfare."
The following Borough streets are hereby classified as "collector
streets:"
Engaging in a business, enterprise, activity, or other undertaking
for profit.
Any enterprise operated for profit by other than a public
entity, indoors or outdoors, for the pursuit of sports or leisure
activities including, but not limited to, such establishments as golf
or batting practice facilities, miniature or regulation golf courses,
bowling alleys, ice or roller skating rinks, playing fields, racquet
clubs, swimming pools, theaters, dance halls, amusement parks, amphitheaters,
stadia, off-track betting establishments, and similar facilities.
Any establishment operated for profit which provides primarily
non-academic vocational or trade education courses, training and/or
programs.
The West Homestead Borough Planning Commission.
Any parcel or parcels of land, or area of water, or a combination
of land and water within a development which has been designed for
and is intended to be used for the enjoyment and use of residents
or occupants of the development; but excluding streets, off-street
parking and loading areas, and areas set aside for public facilities.
The Commonwealth of Pennsylvania.
A plan, or any portion thereof, which has been adopted by
the Commission and Council showing the general location and extent
of present and proposed physical facilities including residential,
industrial and commercial land uses, major thoroughfares, parks, schools,
and other community facilities. This plan establishes the goals, objectives,
and policies of the community.
A use permitted within a district other than a principally
permitted use which requires the issuance of a conditional use permit
by the Zoning Officer which has first been authorized by Council assuring
compliance with specific standards and criteria established for the
subject use.
A permit issued by the Zoning Officer upon approval by Borough
Council to allow a conditional use to be established within a zoning
district.
A form or property ownership in which units in a building
or group of buildings are individually owned while the structure(s),
common areas and facilities are owned on a proportional, undivided
basis by all of the owners in common.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or other structure,
including the placement and/or securing of manufactured homes.
Any vehicle or accessory trailer which is used as a temporary
field office or for storage purposes during the period of construction
at the construction site.
See "lot; types."
The Council of the Borough of West Homestead.
The County of Allegheny, Pennsylvania.
See "thoroughfare."
A "day" shall be defined and measured as one calendar day
wherever referenced in this chapter.
Any facility providing care for a period less than 24 consecutive
hours for three or more adults who are not relatives of the operator
and who, because of physical or mental infirmity, require assistance
to meet personal needs, but who do not require nursing care.
Any facility providing child day care, supervision and/or
instruction in a dwelling for not more than 20 children under the
age of 16, and for a period of less than 24 hours; and which has been
licensed by the commonwealth. Any such use shall be secondary to the
principal use of the dwelling for living purposes and only persons
residing in the dwelling may be employed at any such facility.
See "day care center (child)."
See "thoroughfare."
A unit of measurement expressing the number of dwelling units
per acre of land. Unless otherwise specified, any reference in this
chapter to density shall be interpreted as meaning the "gross density."
The number of dwelling units per gross (total) acreage of
the land to be developed.
The number of dwelling units per net acre of land to be developed
(only the particular parcel being proposed for development, excluding
proposed streets, etc.)
The Commonwealth of Pennsylvania's Department of Education.
Any retail establishment which sells a variety of personal
and household merchandise; including clothing, shoes, cosmetics, jewelry
and other fashion accessories, furniture, appliance, linens, glassware
and china, kitchenware, housewares, notions, sporting goods, dry goods,
luggage, candy, cards and gifts, toys, games and books, photographic
equipment and similar items. Such an establishment may also include
the following accessory uses: restaurant, snack shop, retail bakery,
travel service, ticket agency, beauty/barber shop(s), automobile service
center, community meeting rooms, catalog shopping service and other
similar uses.
The Commonwealth of Pennsylvania's Department of Environmental
protection or any successor agency.
Any landowner, agent for the landowner, or leaseholder or
tenant with the permission of the landowner, who undertakes a development.
See "land development."
The provisions for the development of a site, including a
plot or subdivision, all covenants relating to the use, location and
bulk and areas of any structure, intensity of use or density of the
development, streets, public ways, and parking facilities, common
open space and public facilities.
That part of a satellite signal-receiving antenna which is
shaped like a saucer or dish, whether it is spherical, parabolic,
or similar in shape.
Any earth or ground station, whether functioning as part
of a basic service, direct broadcast satellite, or multi-point distribution
service system, which includes any one or a combination of the following:
A signal-receiving device such as a dish antenna whose purpose
is to receive communications or signals from earth-orbiting satellites
or similar sources:
A low-noise amplifier (LNA) whose purpose is to boost, magnify,
store, transfer or transmit signals.
A coaxial cable, whose purpose is to convey or transmit signals
to a receiver.
A part, zone or geographic area within the Borough within
which certain zoning or development regulations apply.
Any two-family dwelling in which each unit has its own separate
floor(s) and in which no one story or floor of a building is shared
by both units. For a definition of "two-family dwelling" see "dwelling."
Any building or structure (except a house trailer or mobile
home) which is wholly or partly used for living or sleeping by one
or more human occupants, but not including hotels, motels, lodging
or boarding houses.
Types of dwellings as referenced in this chapter are defined
as follows: (Note: see also, the definition for "transitional dwelling.")
DWELLING, SINGLE-FAMILY DETACHEDAny residential building or part thereof containing not more than one dwelling unit which is the only principal building on the lot.
DWELLING, TWO-FAMILYAny residential building containing two independent attached dwelling units, each having a separate entrance, and which is the only principal building on the lot.
DWELLING, MULTI-FAMILYAny residential building or portion thereof containing three or more dwelling units. Types of multi-family dwellings as referenced in this chapter are defined as follows:
GARDEN APARTMENT BUILDINGAny multi-family residential building which:
Contains at least five, but not more than 24, individual dwelling
units.
Has dwelling units on not more than three separate floor levels
or stories and is not more than 2 1/2 stories in total above-grade
height.
Is not more than 130 feet in length and not more than 60 feet
in width.
In which dwelling units share a common entrance to the outside,
usually through a common corridor.
HIGH-RISE APARTMENT BUILDINGAny multi-family residential building which:
MID-RISE APARTMENT BUILDINGAny multi-family residential building which:
TOWNHOUSE BUILDINGAny multi-family residential building which:
QUADRUPLEXAny single multi-family residential building which:
Any dwelling or part thereof which is designed for use by
not more than one family unit as a single unit; may also be abbreviated
as "D.U."
Any written and recorded authorization by a property owner
for the limited use by another party, and for a specified purpose,
of any designated part of his property.
Any place which is open to the general public for the sale
and consumption on the premises of food and/or beverage, which includes
restaurants, bars, taverns, cocktail lounges, and similar establishments.
Any multi-family residential building containing 12 or more
dwelling units where occupancy is restricted to elderly persons or
households (not more than three persons related or unrelated who occupy
a single dwelling unit, at least one of whom is elderly) such facilities
may include provisions for emergency first aid care, adult day care,
therapy, personal care, nursing, common dining, recreation, and independent
or semi-independent living. For purposes of this definition "elderly
housing facility" shall not include convalescent homes, nursing homes,
group residential facilities, or homes for the aged.
Any person who is 60 years of age or older, or any person
under 60 years of age who is handicapped such that his physical impairments
are of a long-term nature and which impede his ability to live independently
without a suitable special housing environment.
Any person who is a registered professional engineer licensed
by the Commonwealth of Pennsylvania.
The erection, construction, alteration, or maintenance, by
licensed or publicly franchised public utilities, the Borough or any
other governmental agencies, of underground gas, electrical, cable
television, telephone, steam or water transmission or distribution
systems, including poles, wins, mains, drains, sewers, pipes, conduits,
cables, ire alarms, traffic signals, hydrants or other similar equipment
and accessories in connection therewith which are reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies, their contractors or agents
for the public health, safety or general welfare, but not including
buildings.
The United States Environmental Protection Agency.
Any exterior wall of a building exposed to public view.
Any person living alone, or two or more persons living together
as a single housekeeping unit in one dwelling unit, as distinguished
from a group occupying a "group residence," "rooming house," "personal
care home," "club," "group care facility," "motel or hotel," "dormitory,"
"fraternity house," "sorority house," "nursing home" or "traditional
dwelling"; and, provided, however, that the term "family" shall not
include more than five persons, unrelated to each other by blood,
marriage or legal adoption living together as a single housekeeping
unit.
Any restaurant where prepared or pre-measured food items
are prepared and sold; where items are ordered by the customer at
a window, counter, or from a vehicle rather than from a table; and
which has been designed to facilitate quick service; and which sells
takeout or sit-down food orders for consumption on and/or off the
immediate premises; provided, however, that "fast food or drive-in
restaurant" does not include sit-down buffet or cafeteria-style restaurants.
Any structure constructed of wood, metal, wire, mesh, plastic
materials or masonry erected for the purpose of screening, privacy,
protection delineation or confinement of the property.
Any bank, savings and loan association, credit union or other
similar institution or use that lends money or is engaged in finance-related
activities.
The measurement of "usable floor area" shall be the sum of
the horizontal areas of the several floors of the building, measured
from the interior faces of the exterior walls; in establishing minimum
usable floor areas for dwellings, this measurement shall exclude all
basement or cellar floors.
The preparation, storage, or processing of food products.
Examples of these activities include bakeries, dairies, canneries,
and other similar businesses.
Any building and the adjacent loading area(s) where cargo
is temporarily stored and where commercial vehicles load and unload
cargo on a regular basis which may or may not include facilities for
the maintenance, fueling, temporary storage, or dispatching of the
vehicles.
See "yard, front."
Any building which is used for he embalming and temporary
display of deceased human beings in preparation for burial including
ceremonies normally associated therewith; but not including facilities
for the cremation of the deceased.
See "dwelling."
Any accessory building used for the temporary storage of
motor vehicles owned by and used by the owner or tenants of the lot
and for the storage of not more than two additional motor vehicles
which may be owned by persons other than the owner of tenants, but
who are residents of the immediate neighborhood.
Any detached accessory building or portion of a principal
building in a residential district for the parking or temporary storage
of automobiles, travel trailers, campers, and/or boats of the landowners
or occupants of the premises only, and wherein:
Any principal or accessory building other than a private
garage available to the general public and used for parking or temporary
storage of motor vehicles, but which is not used for the commercial
repair, maintenance or long-term (periods in excess of one calendar
week) storage of motor vehicles.
See "gross floor area."
See "automotive service station."
Any authorized commercial use which is not included in the
definition of "commercial recreation," "shopping center," "retail
business," "personal service," or "business service."
The sum of the gross horizontal area of the several floors
of a residential building, excluding any basement floor areas, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between interior faces of exterior wall or from
the center line of a common wall separating two buildings.
The sum of the gross horizontal area(s) of several floors
of a non-residential building measured from the interior faces of
exterior walls or from the center line of a common wall separating
two buildings. In calculating the parking requirements of any such
building, the "gross floor area" shall include all floor areas devoted
to the principal use, including accessory storage areas on any floor
other than the basement level, basement level areas devoted to the
principal use, areas on any level devoted to the production or processing
of goods or to business/professional offices, and similar areas; and
shall exclude stairs, rest rooms, washrooms, elevator shafts, maintenance
areas, machine and equipment rooms, display windows, fitting rooms,
and similar areas on any level, and accessory storage areas on the
basement level only (except where storage is the principal use.)
The sum of the total floor areas designed for or intended
for the exclusive use of a building occupant(s), including basements,
mezzanines and multiple stories, but excluding public or common areas
such as public rest rooms, corridors, stairs, elevator shafts, machine
and equipment rooms, lobbies, or mall areas (whether open or enclosed)
the GLA shall be measured from the center line of common walls or
joint partitions and from the inside face of exterior walls. It is
generally the area for which tenants pay rent, including sales and
integral stock areas.
Any dwelling unit licensed or specifically authorized for
the entire period of occupancy by the commonwealth where room and
board is provided to not more than six mentally or physically handicapped
or disabled persons of any age who are permanent residents in need
of supervision and specialized services and not more than two qualified
supervisors on any shift who provide health, social and/or rehabilitative
services to the residents.
Any facility licensed or specifically authorized for the
entire period of occupancy by the commonwealth where room and board
is provided to more than six mentally or physically handicapped or
disabled persons of any age who are permanent residents in need of
supervision and specialized services and not more than two qualified
supervisors on any shift who provide health, social, and/or rehabilitative
services to the residents.
The "gross vehicle weight."
Any manufacturing, assembly, fabricating, processing, service,
research and development, or distribution activity or facility which
is not included in the definition of the general service industrial
classification but which complies with the performance standards of
this chapter.
The vertical distance measured from the average elevation(s)
of the proposed finished grade(s) immediately adjacent to all exterior
walls of the building to the highest point of the roof for flat roofs;
to the deck line of mansard roofs; and to the mean height between
eaves and ridge for gable, hip and gambrel roofs. Chimneys, flues,
stacks, fire escapes, elevator penthouses, ventilators, skylights,
standpipes, elevated water tanks and similar roof structure required
for the subject building's operation and/or maintenance and which
are not intended for human habitation, and church spires and flagpoles,
and/or other approved unique design features and which are not intended
for human habitation shall not be included in calculating maximum
height. For free standing structures, either placed on the ground
on attached or placed on a building, maximum height shall be the vertical
distance measured from the average elevation(s) of the proposed finished
grade(s) immediately adjacent to the structure or building supporting
the structure to the highest point of the structure.
See "dwelling."
Any area, district or zone within the Borough designated
by a unit of local, state or federal government as a historic district
within which certain buildings, structures, appurtenances and/or places
are of basic and vital importance because of their:
Association with history.
Unique architectural style and scale (including materials, proportion,
form and architectural detail).
Being a part of or related to a square park or area the design
or general arrangement of which should be preserved and/or developed
according to a fixed plan based on cultural, historical or architectural
motives or purposes.
Specific designation as a "historic site or structure."
Any structure or site within the Borough designated by any
unit of local, state, or federal government as a significant historic
structure or site and/or which has been listed on the national register
of historic places.
Any activity, profession, occupation, services, craft, revenue-enhancing
hobby, or other activity which:
Is clearly incidental and subordinate to the principal use of
the premises as a dwelling.
Is conducted entirely within the principal structure.
Is conducted by members of the family residing on he premises
only.
Is conducted in a manner which does not produce any significant
adverse effect on the surrounding residential neighborhood.
Does not involve retail sale of goods or commodities and from
any location on the premises.
Does not involve the provision of services to more than three
persons or "customers" at any one time.
Any public or private establishment (including sanitariums)
which is used for the short-term care and treatment of patients who
have physical or mental illnesses (excluding patients who have been
found to be criminally insane); and which may or may not include facilities
for major surgery.
Any building or group of buildings containing sleeping rooms
and supporting services which are offered for rent to the general
public on a daily or weekly basis and which may include support services
such as restaurants, cocktail lounges, meeting rooms, recreational
facilities, laundry facilities, and/or living quarters for a resident
manager or proprietor; also includes motor lodges, tourist courts
and inns, but specifically excludes boarding or rooming houses, fraternities
or sororities, and dormitories.
A temporary occupant of a short-term rental living quarter
and/or meeting room(s) within a dwelling unit.
[Added by Ord. No. 728, 10/11/2022]
Any establishment or facility which provides amusement, recreation
or entertainment for the general public within a completely enclosed
structure for a fee or admission charge, including but not limited
to: dance halls, bowling alleys, billiard and pool halls, and spas
or health clubs where the principal use includes a gymnasium, exercise
room, swimming pool or other sports facility, but not including theaters
or amusement arcades which are defined separately.
A mixed use classification in which a variety of well-planned
and developed high-quality heavy and/or light industrial, assembly,
processing, research and development, testing, business (commercial)
and residential uses may be permitted; requiring a detailed overall
site development land planning process and forethought assuring the
quality redevelopment of the former USX industrial site in the Borough.
Any building or land which is designed and intended to be
used to aid people in need of mental, therapeutic, rehabilitative
counseling, or other correctional services.
Any building, structure, property, land, or combination of
the same upon or within which junk is stored, salvaged or processed.
See also "salvage yard."
Any lot, dwelling, business, or other premises where four
or more dogs, cats or other domesticated animals more than four months
of age whether or not for profit are kept, bred, trained, boarded
or sold, and which may also offer provisions for minor medical treatment
of these animals.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or proposed
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
A plan prepared by a prospective developer in accordance with the application requirements of the Borough of West Homestead's Subdivision and Land Development Ordinance [Chapter 22] for review by the commission and the subsequent approval or rejection by Council of a proposed "land development" as defined herein.
The legal owner of record of land or the beneficial owner
of land; including the holder of an option to purchase, a lessee (if
authorized under the lease to exercise the rights of the land owner),
or such other person as may have a proprietary interest in the land.
A plan identifying each tree, shrub and other planting by
size, type and scientific name; a diagram or plot plan identifying
the location of each planting; and such other diagrams, graphics,
or reports as are necessary to show the method of planting, staking
and mulching, grass seeding or sodding specifications and mixtures,
and existing trees to be preserved. Such plans shall be prepared by
a registered professional landscape architect for all developments
of two or more acres in size.
The areas on a residential property not specifically designed
for the parking of motor vehicles.
[Added by Ord. No. 712, 9/8/2020]
Off-street (not in the public right-of-way space conveniently
located, accessible, and properly designed for the temporary use by
vehicles making bulk pick-ups or deliveries or merchandise or materials.
See "thoroughfare."
Except as otherwise specified in this chapter, a "lot" shall
be interpreted as meaning a "zoning lot."
Types of lots as referenced in this chapter are defined as
follows:
LOT OF RECORDAny lot or parcel of land which is separately recorded in the office of the county recorder and which may or may not be under common ownership with a contiguous "lot(s) of record." A "lot of record" may or may not be a "zoning lot" under this chapter and therefore may or may not be a suitable "building lot" or "buildable lot" under the requirements of this chapter.
ZONING LOTA parcel of land which is of sufficient size to meet the minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces as are herein required; commonly also referred to as a "building lot" or a "buildable lot" any such lot shall have frontage on a dedicated and improved public street or an approved private street, and may consist of any one of the following:
CORNER LOTA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
INTERIOR LOTA lot other than a corner lot with frontage on only one street.
THROUGH LOTA lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may also be referred to as "double frontage lots."
The total area within the boundary of a lot, and excluding
any area of land within any dedicated public street right-of-way.
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on any such lot.
The ratio of enclosed ground floor area of all buildings
on a lot to the horizontally projected area of the lot, expressed
as a percentage. This ratio does not include nonbuilding coverages
of the lot, such a parking lots.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in the front of the lot,
and the rearmost points of the side lot lines in the rear of the lot.
The front of a lot shall be construed to be that portion
nearest the street. For purposes of determining "yard requirements"
on "corner lots" and "through lots," all sides of a lot adjacent to
the streets shall be considered frontage, and yards shall be provided
as indicated under "yards" in this Part.
The recorded or proposed boundary lines of a lot.
The types of lot lines are as follows:
LOT LINE, FRONTA lot line which is also the street right-of-way line forming the boundary of the lot.
LOT LINE, REARNormally the lot line that is most distant from and most nearly parallel to the front lot line; except that if a "rear lot line" is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, which is parallel to the front lot line; and except that in the case of either a "through lot" or a "corner lot" only, there shall be no rear lot line.
LOT LINE, SIDEAny lot line which is neither a front lot line nor a rear lot line.
The minimum area of any lot, as required by this chapter,
shall be computed exclusive of any portion of the right-of-way of
any public or private street.
The distance between straight lines connecting the front
and rear lot lines at each side of the lot; measured at a right angle
to the line used in determining the lot depth at a distance equal
to the required minimum building setback (front building line) distance.
Land, buildings, and structures devoted primarily to the
maintenance and storage of construction equipment and materials.
Businesses engaged in the mechanical or chemical transformation
of materials or substances into new products, or engaged in the processing
or assembly of component parts of manufactured products, provided
that the new product is neither a structure nor other fixed improvement.
See "clinic."
See "dwelling."
Conducting two or more different uses in one building or
on one lot.
Any factory-built home which:
Any site, or tract of land under single ownership, upon which
three or more mobile homes are parked and intended to be used for
habitation, either free or for a fee; including any roadways, structures,
vehicles, or improvements which are used or are intended for use as
part of the park's facilities.
Any factory-built home which:
Is certified as meeting the applicable modular home building
standards as adopted by the commonwealth.
Once certified, shall be subject to the same standards as site-built
homes.
Shall be secured and attached to a permanent foundation after
having had its towing apparatus and wheels, if any, removed.
After installation is considered both a structure and real property.
See "dwelling, multi-family."
Also referred to in this chapter as the "Planning Code" or
the "MPC." The Pennsylvania Municipalities Planning Code under Act
247 (P.L. 805, as amended, 53 P.S. § 10101 et seq.)
Any public, private or quasi-public institution or building
intended for the acquisition, preservation, study and exhibition of
works of historical, artistic or scientific value.
Lot, uses of land, structures, signs, or any combination
thereof which do not comply with the applicable bulk and area, use,
sign, or other provisions of this chapter, but which lawfully existed
prior to the enactment of this chapter or its amendments hereafter
enacted.
Land, buildings, structures, or any combination thereof designed,
used, or intended for use in storing, cultivating, or transplanting
live trees, shrubs, flowers, or other plants offered for retail sale
on the premises; including products used for gardening, lawn care,
or landscaping.
A facility which is licensed by the commonwealth to provide
room and board, skilled or intermediate nursing care and related medical
or other health care services to five or more permanent residents;
excluding facilities for acute care or institutions for the care and
treatment of mental illness, alcoholism, or narcotics addiction.
Any establishment which includes "off-track betting," under
an approved license issued by the commonwealth, as either a principal
or accessory use; excluding dog or horse racing tracks of any kind.
An area substantially open to the sky which may be on the
same lot with a building. The "open space" area may include, along
with the natural environmental features, recreational features (e.g.,
water areas, swimming pools, and tennis courts) and/or facilities
and structures that the commission deems permissive; excluding streets,
parking areas, structures for habitation, and similar uses.
The West Homestead Zoning Code or Zoning Ordinance.
Any lot, parcel of land or yard used regularly in whole or
in part for the off-street storage or parking of more than two vehicles
where such usage is not an approved accessory use for a one or two
family dwelling.
For the purpose of this chapter, an off-street parking space
shall consist of an area having dimensions which are at least nine
feet wide and 18 feet long; each such space shall be adequate for
parking an automobile with room for opening doors on both sides, shall
have access to a public right-of-way, and shall have an approved hard,
all-weather surface.
The Commonwealth of Pennsylvania's Department of Transportation.
The outer boundary of a development, site or area.
See "open space."
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
Any facility licensed by the commonwealth where room and
board is provided to four or more permanent residents who are mobile
or semi-mobile and require specialized services such as bathing, dressing,
diet, and medication prescribed for self-administration for a period
exceeding 24 hours, but who are not in need of hospitalization or
skilled or intermediate nursing care.
Any enterprise conducted for a fee which provides personal
services to the general public such as shoe repair, watch repair,
dry cleaning (for pick-up and delivery only), barber and beauty shops,
travel agencies and similar activities.
Any establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
equipment required, costs and other information necessary prior to
undertaking full-scale manufacturing production of a product or commodity.
An area of land in which a variety of housing types, commercial,
or industrial facilities are permitted in a pre-planned environment
under more flexible bulk and area standards than those normally applied
under this chapter. The procedure for approval of such a development
contains requirements in addition to those of the standard subdivision,
such as building design principles and landscaping plans.
See "Commission."
A roofed, open structure projecting from any wall of a building,
and having no enclosed feature more than 30 inches above the floor
thereof, except awnings, screening or the columns necessary to support
the roof.
Any building or structure in which is conducted the main
or principal use of the lot upon which said building or structure
is situated.
The main or principal use of the land or structures on the
land, as distinguished from a subordinate, ancillary, or accessory
use of same.
Of or pertaining to any building, structure, use of activity
which is limited to members of an organization or to other persons
specifically invited as guests, and where no advertisement or other
inducement has been made to the general public.
An association organized and operated not for profit for
persons who are bona fide members paying annual dues, and which owns,
hires, or leases premises, the use of which is restricted to such
members and their guests. The affairs and management of such an association
are conducted by a Board of directors, executive committee, or similar
body which is chosen by the members. Food, meals and beverages may
be served on such premises, provided adequate cooking and dining room
facilities are available. Alcoholic beverages may be sold or served
to members and their guests, provided such service is secondary and
incidental to the promotion of some other common objectives of the
organization, and further provided that such sale or service has been
properly licensed by the commonwealth and is otherwise in full compliance
with other applicable local, state, and federal laws.
See "garage, private."
Any general administrative, executive, accounting, real estate,
architectural, engineering, land surveying, medical, dental, veterinary
medicine (excluding kennels), legal, insurance, writing and editing,
clerical services, stenographic, drafting or institutional office.
Of or pertaining to any building, structure, use or activity
owned, controlled by or undertaken by any duly authorized governmental
body.
Any publicly owned or operated park, school, library, administrative,
and/or maintenance building; facility, and/or structure; not including
public land, buildings, or structures devoted solely to the storage
and maintenance of equipment and materials.
See "garage, public."
A formal meeting held pursuant to public notice by Council,
the zoning Board or the commission intended to inform the public and
to solicit public comments and in-put, prior to taking action on a
particular issue in accordance with this chapter.
Any public meeting or forum held pursuant to public notice
under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
Notice published once each week for two consecutive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time, place, nature and purpose of the particular
meeting or hearing. The first such publication shall be not more than
30 days in advance and the second shall be not less that seven days
in advance of the particular meeting or hearing date.
See "essential public services."
Any administrative, maintenance, or service building or structure
operated by a public utility which does not meet the definition of
"essential service."
See "dwelling."
Any private or parochial school, private college or university,
or other similar facility or an educational, religious, charitable,
philanthropic, or private non-profit nature; and specifically excluding
"church" and "hospital."
Any apparatus which is a part of a satellite signal-receiving
antenna system to antenna system and which is designed to obtain a
signal from a satellite, cable or like source and transform it into
a radio or television signal.
Recreational areas designed for leisure and entertainment
which generally do not involve active participatory sports, but which
may include sitting and picnic areas, benches, tables, walkways, bikeways,
fishing areas or access ways, scenic vistas or overlooks, amphitheaters,
wildlife sanctuaries, landscaped areas, architectural features and
similar facilities.
Any publicly owned land, building, facility or structure
used or intended for use in serving the passive or active recreational
needs of the general public; including parks, swimming pools, playgrounds,
playing fields and courts; and specifically excluding "commercial
recreation."
A web or non-web-based application or similar platform, including
real estate agent(s), that mediates the short-term rental of living
quarters, and/or meeting rooms within a dwelling unit for a set or
negotiated price.
[Added by Ord. No. 728, 10/11/2022]
Any establishment which carries on investigation or research
in the natural, physical, or social sciences or engineering, and development
and/or testing as an extension of such research with the objective
of creating end products; and which may include "pilot manufacturing"
as an accessory use.
Any establishment, other than an eating or drinking establishment,
located entirely within an enclosed building (except for temporary
outdoor sales as defined and authorized elsewhere under this chapter)
which sells goods, service or merchandise to the general public for
personal, household, or office consumption; but not including wholesaling,
manufacturing or processing of the goods offered for sale.
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Single-Family Residential District
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Traditional Single-Family District
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Multi-family District
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Those activities customarily conducted in living quarters
in an urban setting; and specifically excluding activities such as
the keeping of livestock or fowl, those which result in noise which
constitutes a nuisance in a residential area, and activities which
involve the storage in an open yard of unlicensed or inoperable motor
vehicles, vehicle parts, machinery or machinery parts, junk, refuse,
garbage, trash or scrap materials.
See "Industrial Districts, Riverfront Development District."
Any temporary structure designed or used for the display
or sale of seasonal products, including agricultural products.
Any strip of land taken or dedicated for use as a public
way. In addition to the roadway, it normally incorporates the curbs,
lawn strips, sidewalks, lighting, landscaping, drainage facilities,
public utilities (above or below grade), and public traffic control
signage; and may also include special features (required by the topography
or treatment) such as grade separation, additional landscaping, viaducts
and/or bridges.
Any area wholly or partly in an open yard where scrap metal,
paper, rags, tires and/or other waste and/or used materials are bought,
sold, exchanged, stores, bailed, packaged, disassembled or handled;
or where inoperable machinery or motor vehicles are collected, dismantled,
stored or sold as parts. Any use conducted entirely within an enclosed
building is not a salvage yard.
"Dish-type satellite signal-receiving antennas," "earth stations,"
or "ground stations," whether functioning as part of a basic service,
direct broadcast satellite, or multi-point distribution service system,
shall mean one or any combination of the following:
A signal receiving device such as a dish antenna greater than
18 inches in diameter whose purpose is to receive communications or
signals from earth-orbiting satellites or similar sources.
A low-noise amplifier (LNA) whose purpose is to boost, magnify,
store, transfer or transmit signals.
A coaxial cable whose purpose is to convey or transmit signals
to a receiver.
For purposes of determining the required number of off-street
parking spaces for certain uses, the "number of seats" shall be the
number of seating units installed or indicated, or each 24 lineal
inches of benches, pews, or space of loose chairs.
A line established by this chapter, generally parallel with
and measured from a particular lot line, defining the limit(s) of
a yard in which no structure, other than an approved accessory building,
may be located above ground, except as may be otherwise provided in
this chapter. Note: see also "yard."
A licensed and accredited publicly or privately funded place
of instruction, having regularly scheduled sessions, employing certified
instructors, and meeting all of the requirements of the Department
of Education for providing primary, secondary, vocational or post-secondary
education; but excluding "commercial or business schools," as elsewhere
herein defined.
Decorative fencing, evergreen vegetation or a combination
of the two which is designed and maintained for purpose of concealing
from view the area behind the same.
A group of four or more retail businesses developed as a
single entity, sharing a common design them, and sharing a common
off-street parking area(s) and/or other common facilities.
The act of offering temporary living quarters and/or meeting
rooms within a dwelling unit by the owner or lessee for a negotiated
price to a house guest with or without the mediating use of a rental
housing exchange agency.
[Added by Ord. No. 728, 10/11/2022]
That portion of the public street right-of-way outside the
cartway, which is graded and improved with an approved all-weather
surface for use by pedestrian traffic.
Any visual communication display, object, device, graphic,
structure, or part thereof situated indoors or outdoors, whether separate
from or attached to, painted on, or displayed from a building or structure;
in order to direct, attract attention to, announce or promote, an
object, person, service, product, event, location, organization, etc.,
by means of letters, words, designs, colors, symbols, fixtures, images
or illuminations. For purposes of removal, the term "sign" shall also
include any and all supporting "sign structures."
The area which shall be defined as and measured along the
outer limits or edge of a frame for a sign, excluding the necessary
supports or uprights upon which the sign is placed; in determining
the allowable sign area under this chapter. Where there is no frame
or edge to the sign, the area shall be defined by a projected, enclosed
four-sided (straight lines) geometric shape which most closely outlines
the outer most limits of the letters of said sign. If the sign consists
of more than one side, sign face, section or module, all of the areas
shall be totaled.
Any light, string of lights, or group of lights located or
so arranged so as to cast illumination on a sign.
Any structure that is specifically intended for, designed
for, or used to support, frame, house, bracket, display, or provide
the base for a sign.
Types of signs as herein referenced are defined as follows:
AWNING, CANOPY SIGNA sign consisting of individual cut-out letters and/or symbols which are painted, stenciled, or otherwise placed on a permanent awning or canopy.
SPECIAL ADVERTISING DISPLAYSAny banner, pennant, flag (other than the national colors, the flag of the commonwealth, etc.,) balloons, streamers, wind socks, bunting, or other similar item which serves as a temporary advertising display in any commercial or industrial district in the Borough. Displays of this type are generally prohibited whether they are of a temporary or permanent nature and regardless of their design or the materials from which they are made.
CONSTRUCTION SIGNA temporary sign announcing the name of contractors, mechanics or artisans engaged in performing work on the premises only.
DEVELOPMENT SIGNA temporary sign erected during the period of construction and/or development of a property only by the contractor, developer, and/or agent.
FLASHING OR ANIMATED SIGNAny illuminated sign on which the artificial light is not maintained stationary at a constant level of intensity and color at all times; time, temperature, and/or approved public service signs which are otherwise in accordance with the bulk and area limitations and requirements of this chapter are excluded from this definition.
FREE-STANDING SIGNAny "detached" sign erected on a free-standing frame, mast, base, or poles and not attached to another structure includes: "ground," "monument," and "pole" signs.
IDENTIFICATION SIGNAny sign indicating only the name of the individual or organization occupying the premises; the profession or the occupant; or the name and/or address of the building or management thereof.
ILLUMINATED SIGNAny sign illuminated by electricity, gas, or other artificial light source, including reflecting or phosphorescent light.
MARQUEE SIGNAny sign placed on or under the edge of any canopy or permanent construction projecting from the wall of a building.
MEMORIAL OR HISTORIC PLAQUEAny commemorative plaque placed by the Borough, the county, the commonwealth or the federal government to identify locations with historical or local significance.
OFF-PREMISES SIGNAny sign which provides information relatives to an establishment, activity, person, product or service which is unrelated to or unavailable on the lot upon which said sign is situated.
OFF-PREMISES DIRECTIONAL SIGNAny sign which provides information relative to a business, commodity, or service which is conducted, sold, or offered elsewhere than on the premises where the sign is displayed.
ON-PREMISES SIGNAny sign which provides information relative to an establishment, activity, person, product, or service which is related to or available on the lot upon which the sign is situated.
ON-PREMISES DIRECTIONAL SIGNAny sign which conveys instructions or directions with respect to the use of the lot or building upon which the sign is situated including, but not limited to, signs which indicate street addresses and the availability of parking, telephones, rest rooms, direction of traffic flow, points of ingress/egress, and other convenience for the general public.
OUTDOOR ADVERTISING SIGNSee "billboard."
POLITICAL SIGNA temporary sign which indicates the name, cause and/or affiliation of anyone seeking public office or which refers to a ballot issue relating to a scheduled public election in the Borough.
PORTABLE SIGNSAny portable sign or message board mounted on wheels, skids, or a frame and designed to be movable and not anchored to the ground, whether leased or owned. Any such sign shall be limited to an area of not more than 24 square feet per sign face and more than two sign faces per sign. In addition, any proposed temporary use of such a sign shall be limited to a period not exceeding one 30 consecutive day period in any one calendar year to not more than one sign per lot or per use, whichever is more restrictive. Any portable sign or message board proposed to be used for any period in excess of the time limitation for its temporary use shall be considered a permanent sign; and shall be required to meet all of limitations and restrictions for permitted signs in the district in which it is situated.
PROJECTING SIGNAny sign which projects a distance of not more than six feet from the exterior or a building.
REAL ESTATE SIGNAny temporary sign advertising the sale or rental of the premises. Any such sign may also bear the words "sold," "sale pending," "rented," or "open house" across its face.
SPECIAL EVENT SIGNAny temporary or portable sign whose sole purpose is advertising a special event.
TEMPORARY SIGNAny sign which is intended to identify or announce a short term and/or temporary activity or use of the premises.
WALL SIGNAny sign attached to or erected against a wall of a building or other separate structure with the face generally horizontal to the finished grade and parallel to the wall.
WINDOW SIGNAny sign or group of signs affixed to the inside of a display window in a commercial establishment which advertises a product or service available on the premises or which announces business hours or other information about the establishment.
WINDOW GRAPHIC SIGNAny permanent sign which is painted on or similarly applied to the inside or outside of a window.
See "historic structure or site."
See "dwelling, single-family."
The face of an embankment or cut section; any ground whose
surface creates an angle with the plane of the horizon. Slopes are
expressed as a percentage based upon vertical distance in feet per
100 feet of horizontal distance.
See "overlay district."
A construction or series of constructions placed for a foot
support to assist a person is ascending or descending from one level
or elevation to another.
Any small accessory structure, either wholly or in part enclosed,
serving as a storage facility for tools, equipment, supplies or other
similar materials for safekeeping.
That portion of a building between the surface of a floor
and the ceiling immediately above.
Any public way, having a right-of-way width of no less than
50 feet between property lines on opposite sides, designed for vehicular
and pedestrian traffic; whether or not designated as a street, highway,
parkway, road, avenue, boulevard, circle, lane, etc. For a definition
of types of streets, see also "thoroughfare."
The officially established grade of the street upon which
a lot fronts. The "street grade" shall be the existing street grade
where there is no officially established grade.
Any line defining the edge of any dedicated street right-of-way.
Any assembled, constructed, or erected object having a fixed
or stationary location on or in land (the ground) or water, whether
or not it is affixed to the land (the ground), or an object attached
to something having a fixed location on land (the ground). Among other
things, the term "structure" includes buildings of all kinds, carports,
porches, decks, storage sheds or containers, free-standing posts or
pillars, manufactured or modular homes, walls, fences, billboards,
and/or other similar items; but excluding sidewalks, driveways or
in-the-ground patio surfaces.
The division or re-division of a lot, tract, or parcel by
any means into two or more lots, tracts, or parcels or other divisions
of land for sale, development, or lease; but excluding the leasing
of land for agricultural purposes only into parcels of more than 10
acres, not involving any new street or easement of access or any residential
dwelling.
Any change in an approved land development plan which involves
or results in:
A change(s) in the means of ingress/egress.
An increase in dwelling unit density.
An increase in the required number of off-street parking and/or
loading spaces.
An increase of 10% or more in the total floor area of all buildings
originally proposed in the land development plan.
A use which was not originally proposed as part of a conditional
use, use by special exception, or permitted use application for approval
filed prerequisite to, or concurrent with the land development plan.
Any commercial establishment where building supplies, steel
supplies, coal, heavy equipment, feed and/or grain, and/or similar
goods are wholly or partly stores in an open yard and/or offered for
sale; but not including salvage or junkyards.
Any retail establishment having more than 10,000 square feet
of floor area or more which, as its principal use or activity, sells
food, groceries, food-related products, or household goods and which
may include, but shall not be limited to, one or more of the following:
bakeries, pharmacies; video rentals; book, magazine and/or newspaper
sales; travel services; floral and plant sales; banking services,
including ATM's; or other customary accessory uses.
Hard surfaced driveways or pads constructed of concrete,
asphalt, brick, gravel with barriers or permanent curbing, and the
like.
[Added by Ord. No. 712, 9/8/2020]
Any man-made body of water, including a pool, pond, lake,
open tank, or other container, whether indoors or outdoors which is
used as a recreational facility for swimming, bathing, wading, or
fishing and which has a depth at any point of 24 inches or more; and
including all structures, equipment and appurtenances incidental to
any such pool.
Any swimming pool exclusively used, without the required
payment of any additional charge for admission, by the residents and
guests of a single place of residence, a development, or a community
or the members and/or guests of a club or the patrons of a motel or
hotel; and only where any such use is an accessory use.
Any swimming pool operated publicly or privately where a
separate admission fee may be charged and/or where such use is the
principal use.
Any structure or use, which by virtue of the type of material
used in its construction or which by virtue of its intended purpose,
is erected or located for not more than six months; including tents,
stands, construction trailers, and/or other structures or uses of
a similar character.
Any indoor establishment, building or other facility of any
kind, whether or not a fee is charged for admission, devoted to the
display of motion pictures and/or live entertainment; including dramatic,
comedic or musical performances; excluding any "adult entertainment
establishment."
Any outdoor theater in which patrons sit in their individual
private vehicles in a parking area or on the ground or in seats which
are provided by the proprietor; and which is generally open to the
sky; and which may include stage areas, the screen upon which the
film is projected, ticket booths, a projection facility, rest room
facilities, snack bar(s), and/or other customary accessory uses or
structures; and which at no time may be defined as an "adult theater"
under this chapter.
The full width of the dedicated right-of-way between property
lines bounding every public way of whatever nature, with part thereof
being used for vehicular traffic; and designated as follows:
ALLEYA general term denoting any minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
ARTERIAL STREETA general term denoting a dedicated public street which serves large volumes of long distance traffic, usually on a continuous route. (Note: for a listing of the "arterial streets" in the Borough, see "arterial street.")
COLLECTOR STREETA general term denoting a dedicated public street which, in addition to providing access to abutting properties or lots, intercepts local streets, provides a through or connecting route for non-resident traffic, and may carry considerable volumes of local traffic to and from other local streets, collector streets, arterial streets, or community facilities. (Note: for a listing of the "collector streets" in the Borough see "collector street.")
LOCAL STREETA general term denoting any dedicated public street which is not otherwise classified as an alley, arterial, or collector street. Types of "local streets" include the following:
CUL-DE-SACAny local street or relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
DEAD-END STREETAny street which "temporarily" has only one end open to traffic; and usually intended to be extended or continued in the future.
LOOP STREETAny local street each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180° system of turns are not more than 1,000 feet from said arterial or collector street, and whose intersections with the arterial or collector street are normally not more than 600 feet from each other.
MARGINAL ACCESS OR FRONTAGE STREET OR ROADAny local or collector street, parallel and adjacent to an arterial or collector street; providing access to abutting properties and protection from the higher volumes of traffic on the parallel arterial of collector street.
See "lot types."
See "dwelling."
Any vehicular, portable structure or trailer built on a chassis,
designed to be used as a temporary dwelling for travel and recreational
purposes; and having a body width which does not exceed eight feet.
Any dwelling unit occupied on a short-term basis by persons
of any age assigned by a court of law or public or semi-public agency
responsible for the occupants' care, safety, conduct, counseling,
and supervision for a specified period of time; including alcoholic
or drug recovery, shelters for battered adults and their children,
dependent or delinquent children; community re-entry services following
incarceration or other court ordered treatment, or other short-term
supervised assignments.
See "dwelling."
Any two-family dwelling in which both dwelling units share
one or more floors or stories of the building with the other unit.
For a definition of "two-family dwelling," see "dwelling."
See "dwelling."
For a definition of this term, see § 27-1611.C.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
Any specifically authorized use which may be granted only
by the Board, in accordance with standards and criteria specified
in this chapter and after a public hearing.
Any modification of the strict terms and conditions of the
relevant regulations of this chapter by the Board in accordance with
the criteria specified in the MPC; where such modification will not
be contrary to the public interest and the spirit and intent of this
chapter; and where owning to conditions peculiar to the property,
and not the result of any action of the applicant, a literal enforcement
of the regulations would result in unnecessary or undue hardship.
See "clinic, veterinary."
A drawing or map drawn to scale which is to be submitted
with the plot plan or to be located on the plot; and which sets forth
by dimensions or other means the relationship of the proposed subdivision,
development, or use to other nearby developments or landmarks and
community facilities and services within the general area; in order
to better locate and orient the area in question.
Any public way four feet or more in width, designed and intended
for use as a pedestrian way only; whether or not along the side of
a street or roadway.
Any structure designed, intended for use as, or used for
the storage and handling of freight or merchandise; within an entirely
enclosed structure; but not including the maintenance or fueling of
commercial vehicles.
Waterfront Development District.
See "business, wholesale."
A required open space other than a court unoccupied and unobstructed
by any structure or portion thereof from the ground upward; except
as otherwise provided herein.
The types of yards referenced in this chapter are as follows:
YARD, FRONTA yard normally extending between side lot lines across the front of a lot, from the front lot line to either the front of the principal building or the required building setback line; except that "through lots" or "corner lots" with frontage on more than one street shall have a front yard along each side of the lot upon which the lot has street frontage.
YARD, REARNormally a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building; except that neither "through lots" nor "corner lots" shall have a rear yard.
YARD, SIDENormally a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the boundaries for the front and rear yards.
For purposes of this definition, any lot line, not a rear or
front lot line, shall be deemed a side lot line.
In the case of a "through lot" only, a side yard extends from
the principal building to the side lot lines on both sides of the
principal building between the lines establishing the boundaries for
the front yards.
In the case of a "corner lot" only, those yard areas not defined
as "front yards" and not having frontage on a street, shall be designated
as "side yards."
A certificate or document issued by the Zoning Officer, stating
that the purpose for which a building or land is to be used complies
with all of the applicable requirements of this chapter for the zoning
district in which it is located.
The West Homestead Zoning Code/Ordinance [this chapter].
Administrative areas within the Borough designating the uses
to which land can legally be utilized for which the boundaries are
shown on the zoning map which is a part of this chapter.
See "Board."
The official map delineating the zoning districts of the
Borough together with all amendments subsequently adopted.
The person designated by Council to administer and enforce
this chapter on conjunction with the various sections or Parts thereof
defining said duties.
