Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings here
indicated. The singular shall include the plural and the plural shall
include the singular. The word "used" shall include the words "arranged,"
"designed" or "intended to be used." The present tense shall include
the future tense. The word "may" is permissive. The word "shall" is
mandatory.
Having a common border with or being separated from such
common border by an alley or easement.
A means of approach or entry to or exit from a lot, a site
or a parcel.
Within proximity to or sharing a common boundary.
An establishment in which 20% or more of the net retail floor
area offers for sale, for rent or lease, for loan, or for view upon
the premises, of pictures, photographs, drawings, prints, images,
sculpture, still film, motion picture film, video tape, or similar
visual presentations distinguished or characterized by an emphasis
on sexual conduct or sexually explicit nudity, or books, pamphlets,
magazines, printed matter or sound recordings containing explicit
and detailed descriptions or narrative accounts distinguished or characterized
by an emphasis on sexual conduct, or offers sexual devices for sale.
Any business establishment, that may or may not dispense
food and/or beverages for consumption on the premises, which features
live shows for public viewing in which all or some of the performers,
both men and women, are displaying nudity or are engaging in sexual
conduct, sexual excitement or sadomasochistic abuse (e.g., topless
dancers, strippers, etc.).
A functional service way providing a secondary public means
of access to abutting properties.
See § 205-469.
An outdoor gathering space typically for entertainment, which
is often constructed with tiers of seats or sloping surfaces that
gradually rise outward from a central open space or stage. An amphitheater
may include a bandshell-type building/structure to provide weather
protection to a stage.
Any business establishment where amusement devices are located.
Any mechanical device, electrical device, electromechanical
device, machine or apparatus whatsoever for the playing of games and
amusements, which devices or apparatus are commonly known as "pinball
machines," "video games" and "jukeboxes," or upon which games are
played, or any device on which music is played after the insertion
therein of a coin or other disc, slug or token or for which fees are
paid to an attendant.
A business establishment operated by a veterinary medical
doctor(s), certified in the Commonwealth of Pennsylvania, for the
medical or surgical treatment of domestic, agricultural or zoological
animals.
A landowner and/or developer 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 zoning approval, for
the approval of a subdivision or land development, or for the approval
of a development plan. Every application for development must include
the form designated by the Zoning Officer, the appropriate site plan
and all other information required by this chapter.
APPLICATION, FINALThe application for final approval of a development to be submitted by a landowner and/or developer to the Borough.
APPLICATION FOR FINAL APPROVALThe application for development for final approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer in accordance with Article VI.
APPLICATION FOR TENTATIVE APPROVALThe application for development for tentative approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer in accordance with Article VI.
APPLICATION, PRELIMINARYThe preliminary application of a development to be submitted by a landowner and/or developer to the Borough.
The ultimate approval of a planned development by Council which follows tentative approval and filing of the final development plan, all granted in accordance with Article VI.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
An establishment, in conjunction with or without a dwelling,
designed for the preparation, instruction, display and/or sale of
individually crafted work related to artwork, jewelry, furniture,
sculpture, pottery, leathercraft, hand-woven articles, literature
or performance of fine arts such as but not limited to drawing, vocal
or instrumental music.
A residential facility which provides services and supervision
for two or more persons not related to the operator who, because of
a handicap, disability, mental illness or mental retardation, require
supervision and services to meet their needs but do not require the
services of a health-related facility as defined herein. Assisted
living facility shall include without limitation group homes and group
care facilities.
The rental of automobiles, motorcycles and trucks under 26,000
pounds gross vehicle weight (GVW), but not including any heavy equipment
or any other vehicle or equipment which is not classified as a "motor
vehicle" under the Pennsylvania Motor Vehicle Code.
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building.
A business establishment used for the display or sale of
automobiles, noncommercial trucks, motorcycles, motor homes, recreational
vehicles and/or or boats under 26,000 pounds gross vehicle weight
(GVW), but not including any heavy equipment or any other vehicle
or equipment which is not classified as a "motor vehicle" under the
Pennsylvania Motor Vehicle Code. Such use may also include the servicing
or repair of vehicles of the brand of vehicles sold at the establishment.
A lot used for the storage of any scrap material or junk,
including without limitation appliances, fixtures, nonworking automobiles,
automobile parts, machines or machinery parts, equipment, containers
and building materials.
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served
only as accessory use, where live entertainment (non-adult facility-oriented)
may also be provided, and where minors are not admitted unless accompanied
by a parent or guardian.
A business establishment that occupies a single-family dwelling
and, if applicable, associated accessory structures where limited
overnight lodging and breakfast is provided for compensation to guests
and where said use may or may not also host accommodations for private
events such as weddings, parties, seminars and conferences.
A use engaged in the distribution of manufactured beverages
to the public. Beverages are stored at the establishment in quantities
as provided by the manufacturer and are opened and/or consumed off
site.
An off-premises sign that advertises an establishment, activity,
person, product, use or service that is unrelated to or unavailable
on the premises where the off-premises sign is located.
A facility which carries on investigation in the natural
or physical sciences or in engineering and development as an extension
of such investigation with the objective of creating end products
and which may include the initial manufacturing of developed product
but not include animal research.
An area bounded by existing or proposed streets.
An individual(s) other than a member of the family occupying
the dwelling unit, or part thereof, who, for a consideration, is furnished
sleeping accommodations and may be furnished meals or other services
as part of the consideration.
A building arranged or used for overnight lodging by three
or more persons, but not exceeding 10 persons, with or without meals,
for compensation by transient residents arriving upon their own accord.
Overnight loading occurs in individual sleeping rooms with no cooking
facilities. A boardinghouse may include common areas and a common
kitchen available for use by residents.
An area or point where boats access the water from land or
the land from water.
An area where boats are repaired, stored and dry-docked.
See "adult book and video store."
The Borough of Oakmont, Allegheny County, Pennsylvania.
A portion of a site which is planted and maintained in shrubs,
bushes, trees, grass, ground cover or other natural landscaping material
and within which no structure may be authorized except for a fence
in compliance with this chapter. The buffer yard shall consist of
a mix of types and sizes of plant material which meets the standard
of providing a compact, year-round visual screen at least six feet
in height or an existing natural or a constructed physical barrier
which duplicates the effect of the required buffer yard.
A detached, subordinate building, the use of which is clearly
incidental to the principal structure or use of the lot.
That percentage of the lot area covered by the buildings.
In determining building coverage, cornices, eaves and gutters shall
be excluded.
The vertical dimension 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 deckline of a mansard
roof and to the average height between the flat and ridge of a gable,
hip or gambrel roof. Roofs over stair towers or equipment may be higher
if set back 20 feet or more from the exterior wall line.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
The longest dimension of a building, measured to the outside
walls at ground level.
A line parallel to and a distance from the lot lines in accordance
with the requirements of this chapter.
BUILDING LINE, FRONTA line parallel to the front lot line, a distance from the front lot line in accordance with the front yard or setback requirements of this chapter.
BUILDING LINE, REARA line parallel to the rear lot line at a distance from the rear lot line in accordance with the rear yard or setback requirements of this chapter.
BUILDING LINE, SIDEA line parallel to the side lot line in accordance with the side yard or setback requirements of this chapter.
A business establishment specializing in the sale and/or
short- or long-term storage of wholesale and/or retail construction
supplies and materials for home improvement.
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Borough and that is either the principal structure or
an accessory structure on a recorded lot. This system also includes
any solar-based architectural elements.
A building that incorporates commerce and residential uses
within the same structure.
A lawfully existing building or other structure which contains
a conforming use, but which does not comply with the applicable lot
size requirements, lot coverage limitations, off-street parking requirements
or other requirements related to the characteristics of the structure
or its location on the lot, may be continued so long as it remains
otherwise lawful.
The building housing the principal use of the lot on which
it is located.
A building which is used for the residential occupancy of
one or more families or group living arrangements.
A line running parallel to a street to which the front of
buildings are sited and which defines the maximum building setback.
A place for short- or long-term storage, collection and/or
distribution of heavy equipment, machinery or materials used in construction,
farming or industrial operations.
Any office of recognized professions, such as doctors, dentists,
lawyers, architects, engineers, artists, musicians, designers, teachers
and others who, through training, are qualified to perform services
of a professional nature.
Any structure having a roof supported by columns or walls
having one or more open sides for the storage of vehicles.
In the case of an improved road or street, the portion which
is paved or improved for travel, excluding shoulders, curbs and drainage
swales. In the case of an unimproved road, the entire graded surface.
A structure used for the purposes of cleaning or reconditioning
the exterior and/or interior surfaces of automotive vehicles. Not
including an incidental one-bay washing facility in an automobile
service station, where washing facilities are purely incidental to
the operation of said service station. A self operated facility not
requiring attendance or employees, regardless of capacity, is also
considered to be a car wash.
The smallest basic solar electric device which generates
electricity when exposed to light.
A lot used for, or intended to be used for, the burial of
human and/or domesticated animal remains, including, but not limited
to, columbarium, mausoleums, and mortuaries when operated in conjunction
with the cemetery and within its boundaries.
A building where activity for the benefit of the general
public occurs.
An activity intended to be utilized by the general public.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street center lines.
Any person who pays for a service who is receiving treatment
and/or services in a health care facility or assisted living facility
or who regularly attends a day-care facility or nursery school/preschool.
The facility may be located within a building, which building is not
used as a dwelling.
A business establishment operated for social, recreational,
educational or fraternal purposes, some serving alcoholic beverages
where permitted, but open only to members and their guests.
A restaurant business establishment that offers primarily
coffee, tea and other beverages and where light refreshments and limited
menu food items that require no food preparation which utilizes an
open flame or fryer may also be sold.
A location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled,
or handled from the public. Collection facilities may include reverse
vending machines and small collection facility.
Pertaining to the nonresidential uses permitted within the
Mixed Use District.
Water-oriented development, not including regular public
transit service requiring a license, which makes available to the
public, via admission charge or charter, private boats capable of
providing meals, excursions or entertainment with a capacity of 20
or more persons.
Any sign, wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
Commercial uses of a small scale, customarily incidental
to residential uses and limited to the uses listed in each district.
All those areas in a planned development, including common
open space, owned or leased and maintained by an association or other
combination of persons for the benefit of the residents of the planned
development and, if owned under the Uniform Condominium Act,[1] including all common elements designated for the use of
all dwelling unit owners.
A parcel or parcels of land or an area of water or a combination
of water and land within a land development designed and intended
for the use or enjoyment of the residents of the development, not
including streets or off-street parking areas and areas set aside
for public facilities.
Common open space which does not include steep slopes and/or
environmentally sensitive areas.
Any ground-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, or masts,
intended primarily for the purpose of mounting a communications antenna
or similar apparatus aboveground.
A plant for the manufacture of concrete, asphalt, and precast
concrete products, including any apparatus and uses incident to such
manufacturing and mixing.
A multifamily dwelling where each dwelling unit in the structure
is individually owned and the owner of each unit has an undivided
interest in the common elements and facilities of the structures and
surrounding grounds.
A facility where baked goods are prepared and baked which
may utilize an open flame.
Controlled, limited development; protection of basic conditions,
qualities or attributes based on natural features, physiographic constraints
or legal covenants.
An area designated for public access to a conservation area
so that maintenance may occur.
The construction, reconstruction, renovation, repair, extension,
expansion, structural alteration or relocation of a structure, including
the placement of mobile homes.
Having a common boundary or abutting.
A business establishment, not exceeding 5,000 square feet
of selling area, that offers convenience goods for sale, such as prepackaged
or preprepared food items, tobacco, periodicals, and other household
goods and may or may not offer the sale of fuel/energy for vehicles.
The Borough Council of the Borough of Oakmont.
Allegheny County, Pennsylvania.
An area enclosed in part by buildings or walls and where
such area is open on at least one side to an adjacent thoroughfare
right-of-way.
See "lot coverage."
A location containing properly installed, certified apparatus
intended for use in the act of cremation.
A dead-end street terminating in a vehicular turnaround.
DAY-CARE CENTER, ADULTA facility licensed by the Commonwealth of Pennsylvania, located within a building, which building is not used as a dwelling, for the care, during part of a twenty-four-hour day, of adults who are handicapped, elderly or otherwise require such supervision and care.
DAY-CARE CENTER, CHILDA facility licensed by the Commonwealth of Pennsylvania and located within a building which is not used as a dwelling and which is used for the care, during part of a twenty-four-hour day, of children under the age of 16, which may be accessory to a business or professional office.
DAY CARE, FAMILY HOME CHILDA facility, licensed or approved by the Commonwealth, as required by the laws of the Commonwealth, located within a dwelling, for care on a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes.
DAY CARE, GROUP FAMILY HOME CHILDA facility licensed and approved, as applicable, by the Commonwealth of Pennsylvania, County of Allegheny, and/or Borough of Oakmont, providing care for more than six but less than 12 minors. The child-care area may also be used as the family residential area. Care can be rendered during a part of the day, but care cannot be rendered in the fashion so that minors spend the night at the facility. This definition excludes care provided by relatives of the minor and the care furnished in places of worship during religious services.
A structure which may or may not be enclosed and which projects
out from the main wall of a building or structure and does not have
a roof.
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be of a fee simple
interest or of a less than fee interest, including an easement.
A calculation of the number of dwelling units permitted on
a site. See also "floor area ratio."
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made an application
for development.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any buildings; any use or change in use
of any buildings or land; or extension of any use of land, for which
permission may be required pursuant to this chapter.
The provisions for development, including a planned development,
a plat 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.
DEVELOPMENT PLAN, FINALA development plan which has been submitted for final approval of a planned development to Council.
DEVELOPMENT PLAN, PRELIMINARYThe written and graphic material describing provisions for development of a planned development, including a plan; the name of the planned development; all covenants relating to use, location, size, height and bulk of buildings and other structures; intensity of use or site density; parking areas; location and size of common areas; and uses submitted for tentative approval.
"Handicapped" as defined according to the Fair Housing Act
Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments
thereto.
Lighting, as determined by the Borough Code Enforcement Officer
and/or Borough Police Department, that impairs visibility and creates
a potentially hazardous situation for either pedestrians or motorists.
[Added 2-18-2019 by Ord.
No. O5-2019]
An area of parcels in the Borough in which regulations under
this chapter uniformly apply. The boundaries of each district are
shown on the Zoning Map.[2]
A facility providing such services as canine day care for
all or part of a day, obedience classes, training, grooming or behavioral
counseling, provided that overnight boarding is not permitted.
Animals normally found in a dwelling and kept for company
or pleasure, including but not limited to dogs, cats, hamsters, parakeets
or canaries, but not a sufficient number to constitute a kennel.
Any vertical or horizontal digging or boring of a new well
or reworking of an existing well with the intention to explore, develop
or produce oil, gas or other hydrocarbons or to inject gas, water
or other fluids or substances into the earth.
[Amended 2-18-2019 by Ord. No. O4-2019]
The outermost edge of a roof including eaves, overhangs and
gutters.
A business establishment that offer in-car service or take-out
service, including but not limited to financial institutions, food
stores, pharmacies and restaurants.
An accessory use or structure that provides an access drive
connecting to and from the public right-of-way for motor vehicles
so as to serve patrons while in their motor vehicle(s).
A private area used exclusively for circulation and ingress
and egress to a street by the owner or owners or visitors of the lot.
An establishment for the cleaning of clothing and fabric
with chemical solvents rather than water.
Any building or portion of a building designed and used as
a residence and having separate living, cooking and sanitary facilities.
SINGLE FAMILY ATTACHEDA dwelling unit, located on its own lot, which shares one or more common or abutting walls with one or more dwelling units. Any common or abutting wall must be shared for at least 50% of the length of the side of the dwelling. An attached house does not share common floor/ceilings with other dwelling units.
MULTIFAMILY APARTMENTA suite of rooms or a single room in a building containing three or more dwelling units, each with its own cooking, food storage, bathing and toilet facilities and with access directly or by a common hallway to the outside.
SINGLE-FAMILY DETACHEDA dwelling unit designed and intended to be occupied by one family that is not attached to another dwelling unit.
TOWNHOUSEA building which contains at least three but no more than eight dwelling units, each of which are separated from the adjoining unit or units by a continuous, common wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
Authorization by a lot owner of the use by another and for
a specified purpose of any designated part of his lot.
Notice given by the Borough through the Internet of the time
and place of a public hearing and the particular nature of the matter
to be considered at the hearing.
A sign, any portion of which displays or has the ability
to display electronically illuminated, scrolling or moving text, symbols
or other images, utilizing LED, LCD or other digital or electronic
technology, commonly known as electronic messages or reader boards,
electronic marquees, message centers or moving message displays.
[Added 12-21-2020 by Ord. No. O3-2020]
A building, structure and/or lot used for the maintenance,
fueling, storage, dispatching or parking of vehicles and/or equipment
utilized to provide private rescue or ambulatory services, fire and/or
police services.
Any service to citizens for injury or life-threatening events,
including but not limited to ambulance, paramedic or fire and rescue
services provided by a public agency.
An area with one or more of the following: wetlands, streams,
mature woodlands, identified floodplain area, slopes in excess of
25% and/or historic, archeological or cultural features.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission, disposal
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, 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, but not including buildings.
Retail business that specializes in the extermination of
vermin and insects.
Any use consisting of the mining and extraction of coal or
other minerals.
The exterior walls of a building that can be seen by the
public.
An individual, or two or more persons related by blood, marriage,
or adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit or not more
than five persons living together in a group living arrangement with
supervision, provided that the group living arrangement meets all
of the following criteria:
It provides nonroutine support services, including supervision,
personal care, social or counseling services and transportation, to
persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution, because of a physical
disability, old age, mental disability, or other handicap or disability
as defined by the Fair Housing Act and the Americans with Disabilities
Act;[3]
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life;
Does not involve the housing of persons on a nonpermanent basis;
Does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court agency to be a danger to
society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of correction or similar institution;
Family shall not include persons living together in a group
care facility, group care home, boardinghouse, personal care home,
as defined herein, or any other supervised group living arrangement
for persons not protected by the Fair Housing Act or the Americans
with Disabilities Act or any persons who constitute a direct threat
to others or their physical lot.
The Federal Emergency Management Agency.
A fabricated barrier used to enclose an area of land.
Drawings submitted for final approval of a planned development.
A business establishment where the principal business is
the receipt, disbursement, or exchange of funds and currencies such
as banks, savings, loans, credit unions or check cashing establishments.
Establishment may or may not offer a drive-through window.
Flood Insurance Study with accompanying Flood Insurance Rate
Map prepared for the Borough by the Federal Emergency Management Agency,
dated July 5, 2000, or September 21, 2001, or the most recent revision
thereof.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols used as a symbol of a government political subdivision,
religious, education or corporate organization provided that such
flags are displayed for noncommercial purposes.
A temporary inundation of normally dry land areas.
The remaining portion of the one-hundred-year floodplain
in those areas identified as an AE Zone on the FEMA maps FIS or FEMA
FIRM map.
A flood that, on average, is likely to occur once every 100
years; i.e., that has a one-percent chance of occurring each year
in any given one-hundred-year period, although the flood may occur
in any year.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood, including the floodway,
flood-fringe and general floodplain area.
Actual stream or drainage channel subject to periodic inundation
by water and identified as an AE Zone in the FEMA FIS or FEMA FIRM
map.
The calculated gross square footage of all potentially habitable
space and garage area, unless otherwise noted by this chapter.
The sum of the gross horizontal area of the several floors
of the principal building(s) as measured between exterior faces of
walls.
The ratio of a building's total floor area (gross floor area)
to the size of the piece of land upon which it is built.
A business establishment producing, processing, and/or packing
foods for human consumption and certain related products. Includes:
1) bakery products, sugar and confectionery products (except facilities
that produce goods only for on-site sales with no wider distribution;
2) dairy products processing; 3) fats and oil products (not including
rendering plants); 4) fruit and vegetable canning, preserving, and
related processing; 5) grain mill products and by-products; 6) meat,
poultry, and seafood canning, curing, and by-product processing (not
including facilities that also slaughter animals); and 7) miscellaneous
food preparation from raw products.
Unit used to measure the amount of light falling on a surface
at a point on a surface which is one foot from, and perpendicular
to, a source of illumination that produces one uniform candela.
The management of forests and timber lands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
Any sign supported permanently upon the ground, by varied
means, and not attached to any building or structure, whose purpose
is not to support such sign. Freestanding signs shall include:
Ground sign: any sign supported by uprights or braces placed
upon the ground and not attached to any building or the structure,
having no more than two faces.
Pole sign: a freestanding sign erected on a lot on a pole, the
bottom edge of which is high enough to provide visibility for motorists
and allow for safe pedestrian circulation underneath it.
Water obtained from a potable water source of the commonwealth
such as a hydrant, municipal water system, lake, water well, spring
or other source that has not been treated or utilized in commercial
or industrial operations.
[Added 2-18-2019 by Ord.
No. O4-2019]
A lined depression excavation pit of a facility situated
in or upon the ground, whether natural or man-made, used to store
fresh water used in connection with oil and gas drilling, natural
gas compression stations, natural gas processing plants, or other
related process or structure relating to the extraction, storage,
processing or transmission of oil or natural gas.
[Added 2-18-2019 by Ord.
No. O4-2019]
The portion of a lot between the facade and the lot line
that fronts the thoroughfare or a civic open space or the privately
held portion between the facade of a building and the lot line.
A business establishment that offers the sale of fuel/energy
recharge for vehicles with or without convenience goods for sale,
such as prepackaged or limited prepared food items, tobacco, periodicals,
and other household goods.
A refinishing plant where furniture is reconditioned.
A building or structure part thereof, used or intended to
be used for the parking and storage of motor vehicles.
GARAGE, PRIVATEAn accessory use which is attached to or an integral part of a residential building or dwelling unit or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit and in which no occupation, business or service for profit is carried on. A private garage may be used for the storage of not more than one commercial vehicle owned or used by the owner or tenant of the residential building or dwelling unit and for the storage of not more than three private noncommercial vehicles owned or used by persons other than owner or tenant of the residential building or dwelling unit.
GARAGE, PUBLICAny building used for temporary parking of motor vehicles for an established fee or reservation and where said garage is not associated with other automotive retail uses.
A business enterprise which conducts the retail of plants
grown off site, as well as accessory items (but not power equipment
such as gas or electric lawn mowers and farm implements) directly
related to their care and maintenance. The accessory items normally
sold are clay pots, potting soil, fertilizers, insecticides, hanging
baskets, rakes and shovels.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
The drilling and/or extraction of gas or oil.
A business establishment supplying gasoline and oil, tires,
accessories and services for vehicles directly to the populace, including
minor repairs and the sale of groceries, but not including such major
repairs as spray painting, body, fender, axle, frame, major engine
overhaul or recapping/retreading of tires.
Any well drilled, to be drilled, or used for the intended
or actual production of gas.
Brightness in the field of view that is sufficiently greater
than that to which the eyes are adapted, to cause annoyance or loss
in visual performance and visibility, so as to jeopardize health,
safety or welfare.
[Added 2-18-2019 by Ord.
No. O5-2019]
Glass or translucent architectural materials that permit
light to penetrate the interior spaces of a building.
A theme-oriented recreational facility, typically comprised
of nine or 18 putting greens, each with a "cup" or "hole," where patrons
in groups of one to four typically pay a fee to move in consecutive
order from the first hole to the last.
A facility whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or enjoyment.
The sum of the gross horizontal areas of all of the floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas but including the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
Water in that portion of the generally recognized hydrologic
cycle which occupies pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells, springs and natural watercourses
and is often withdrawn for domestic, agricultural, municipal, industrial
and other beneficial uses.
[Added 2-18-2019 by Ord.
No. O4-2019]
A premises providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
family or school adjustment problems, or past correctional offenses
require a minimal level of supervision but do not require medical
or nursing care or general supervision. A group care facility must
be licensed and/or approved by the Pennsylvania Department of Public
Welfare.
A facility licensed by the Pennsylvania Department of Public
Welfare which houses six or more residents and provides twenty-four-hour
supervision and rehabilitation services for developmentally disabled
individuals (mental disability, autism, cerebral palsy, epilepsy or
other similar conditions).
Any establishment having a source of income or compensation
derived from offering a service to the public involving health, healing
or fitness-related activities and providing or offering to provide
physiological or psychological healing or therapy. This includes but
is not limited to a health club, massage establishment and public
spa or public hot tub. This term shall not include any business or
establishment operated for the practice of a profession which is licensed
by the Commonwealth of Pennsylvania, such as physicians, dentists,
nurses, podiatrists, chiropractors, physical therapists and similar
occupations. Massage facilities shall constitute no more than 5% of
the floor area of the building.
An establishment, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human diseases, pain, injury, or physical condition that
includes diagnostic treatment center, rehabilitation center, extended
care center, nursing home, intermediate care facility, life care facility,
outpatient laboratory, or central services facility serving one or
more such institutions. Establishment includes tuberculosis facilities,
psychiatric facilities, rehabilitation facilities, skilled nursing
facilities, kidney disease treatment centers, intermediate care facilities
and ambulatory surgical facilities and may be both for profit and
nonprofit, and including those operated by an agency of the state
or local government, but shall not include an office used exclusively
for their private or group practice by physicians, psychologists or
dentists; nor a program which renders treatment solely on the basis
of prayer or spiritual means in accordance with the tenets of any
church or religious denomination; nor a facility conducted by a religious
organization for the purpose of providing health care services exclusively
to clergymen or other persons in a religious profession who are members
of the religious denominations conducting the facility.
See "building height."
A business administered or conducted clearly secondary to
the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use. The business must
satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than members residing
in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
No on-site parking of commercially identified vehicles shall
be permitted.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volumes or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A business conducted within a dwelling whereas said business
is not classified as a home-based business, no-impact.
Building(s) used for the short-term care of patients suffering
from physical or mental illnesses, but not including narcotics addiction
or those found to be criminally insane, and which may or may not be
publicly or privately operated.
HOTELA business establishment inclusive of a building or portion thereof designed or used for transient rental for sleeping purposes. All room access is through interior hallways or courtyards. No cooking facilities, other than a microwave or toaster oven, may be permitted in any sleeping room. Accessory shops, restaurants, swimming pool, fitness center, spa, services and conference centers catering to the general public can be provided where conference rooms and banquet halls are also be available for rent. Supervision is provided in shifts 24 hours a day by an on-site manager.
MOTELA business establishment inclusive of a building or group of buildings, whether detached or in connected units, used as individual sleeping units with separate exterior entrances, open year-round and designed for temporary occupancy, primarily for transient automobile travelers. Structures shall provide for accessory off-street parking areas. Supervision is provided in shifts by twenty-four-hour on-site management.
A temporary occupant of a short-term rental living quarters
and/or meeting room(s) within a dwelling unit.
[Added 8-19-2019 by Ord. No. O14-2019]
Heating, ventilating, and air conditioning.
Pavement designed to prevent percolation or infiltration
of stormwater through the surface into the soil below where the water
is naturally filtered and pollutants are removed.
Any material that prevents, impedes, or slows infiltration
or absorption of stormwater directly into the ground at the rate of
absorption of vegetation-bearing soils, including building, asphalt,
concrete, gravel and other surfaces.
The portion of the lot area covered by impervious surfaces;
impervious surface coverage shall be measured as a percentage of the
total lot area.
An enclosed building or structure that utilizes equipment
to control the combustion and thermal degradation of solid waste material
and that is subject as such to the regulations of the Pennsylvania
Department of Environmental Protection.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
A lot used for the storage of any scrap material or junk,
including without limitation appliances, fixtures, nonworking automobiles,
automobile parts, machines or machinery parts, equipment, containers
and building materials.
A structure and/or premises where four or more dogs or cats
or any combination of dogs and cats totaling four animals which are
six months or older are kept, bred, trained or boarded at any one
time, whether for profit or not.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used, 1,000 kW is equal to one megawatt (MW).
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; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with § 503(1.1) of the Pennsylvania's
Municipalities Planning Code and the Borough Subdivision and Land
Development Code.[4]
The legal or beneficial owner or owners of a lot, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee (if he
is authorized under the lease to exercise the rights of the landowner)
or other persons having a proprietary interest in the lot.
A plan identifying each tree and shrub by size, type and
scientific name, identifying balled and burlapped or bare root, and
location. The landscape plan shall include a planting diagram and
such other diagrams or reports necessary to show method of planting,
staking and mulching, grass seeding specifications and mixtures and
existing trees over 10 inches in diameter at breast height.
A constructed or altered segment of the riverbank or shore
used for the purpose of enabling a recreational boat to be placed
into the water from a trailer or other apparatus used to transport
or store the boat.
A business establishment for receiving, pickup and pressing
of garments where no cleaning or drying operations are conducted.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, not including any part of
a public right-of-way, and to be used, developed or built upon as
a unit. A site or parcel may include more than one lot, but a lot
cannot include more than one site.
LOT AREAThe total area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.
LOT, BUILDABLE AREA OFThat lot area in which the principal structure may be located and which is bounded by the front, rear and side building lines of the lot.
LOT, CORNERA lot situated at and abutting the intersection of two or more streets. A corner lot has neither a rear yard nor a rear lot line.
LOT COVERAGEThe percentage of the total area of a lot or lots occupied by buildings/structures but not including any permanently uncovered paved areas, porches, patios or steps.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.
LOT, INTERIORA lot other than a corner lot with only one frontage on a street.
LOT LINEA line that bounds a lot.
LOT LINE, FRONTThat lot line which extends along a private or public street.
LOT LINE, REARThat lot line which is most distant from and is most nearly parallel to the front lot line, except for corner lots and three-sided lots, which have no rear lot line.
LOT LINE, SIDEThe lot line which is not a front lot line or rear lot line.
LOT, THROUGHA double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.
LOT WIDTHThe distance between the side lot lines measured along the front building line of the lot.
A lot consisting entirely of a tract of land that:
Has less than the prescribed minimum lot size, width, depth,
or any combination thereof, for the district in which it is located.
Is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot such size, width, depth, or any combination thereof,
at such location would not have been prohibited by any zoning ordinance.
Has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning ordinance.
Notice given by a municipality by first class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
The process of making wares by hand, by machinery or by other
agency, often with the provision of labor and the use of machinery.
MANUFACTURING, HEAVYThe mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semifinished products not otherwise defined as light manufacturing.
MANUFACTURING, LIGHTThe processing and fabrication of certain materials and products where no process involved will produce noises, vibration, water pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.
A business establishment for secure mooring of recreational
boats, including facilities for storage and repair of boats and sale
of boating supplies and fuel, for use by the owner or resident of
the lot, and those other than the owner or resident of the lot, upon
which the facility is located. A marina may include a restaurant and/or
boat and motor sales store.
A building containing aboveground tombs for burial of human
and/or domesticated animal remains.
Machines or systems utilized to supply water, heating, ventilation
and air conditioning to a building or structure.
A business establishment designed or used for the maintenance
of large mechanical items such as tractors, washers, dryers, etc.
A business establishment designed or used for the maintenance
of small mechanical items such as hedge trimmers, musical instruments,
etc.
A building or structure where two or more licensed medical
professionals provide diagnostic services, medical, dental, surgical
and/or psychiatric services and/or treatment diagnosis and treatment
to the general public without overnight accommodation and may include
uses such as reception areas, waiting areas, consultation rooms, x-ray
and minor operating rooms and a dispensary, providing that all such
uses shall have access only from the interior of the building or structure,
and provided further that any facility for methadone treatment or
other narcotic treatment programs approved by the Pennsylvania Department
of Health shall be considered a medical clinic use.
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property. No sales, service or repair activities other than the rental
of dead storage units are permitted on the premises.
A lot or building on or in which various land uses are combined
as an integrated development. A "single site" may include contiguous
but unconsolidated lots.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one or more parts and designed to be joined
into one integral dwelling unit capable of again being separated for
repeated towing, which arrives at a lot complete and ready for occupancy
except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
A lot in a mobile home park improved with the necessary utility
connections and other appurtenances necessary for the erection thereon
of a single mobile home and which is leased by the owner of the mobile
home park to the residents of the mobile home erected on the lot.
A parcel of land under single ownership containing two or
more mobile home lots improved with the necessary facilities and services
for the placement of mobile homes for nontransient use.
A module is the smallest protected assembly of interconnected
PV cells.
A business establishment specializing in the creation and/or
sale of monuments.
A building licensed by the Commonwealth of Pennsylvania that
contains a suitable storage room for the deceased and may include
embalming facilities and rooms for the display of burial ceremonies
of the deceased, but excludes crematories.
See "hotel/motel."
Any vehicle used or originally constructed so as to permit
its being used as a vehicle upon the public streets or highways, and
constructed in such a manner as will permit occupancy thereof as a
shelter or sleeping place.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., as amended.
A building and lot are occupied by more than one family.
A group of uses consisting of three or more nonretail establishments
forming a cohesive group of uses in a single building having direct
access to the outdoors or in a group of two or more buildings arranged
and constructed on a lot or conditional use according to a plan and
sometimes having common parking.
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 or upstream 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. Natural gas compressor stations are an
industrial use for area, yard and height requirements under this chapter.
[Added 2-18-2019 by Ord.
No. O4-2019]
A midstream facility, supporting more than one or more well
site, 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. Natural gas processing plants
are an industrial use for area, yard and height requirements under
this chapter.
[Added 2-18-2019 by Ord.
No. O4-2019]
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
The land area of the site less any portions of the site located
in environmentally sensitive areas, open space and those areas consisting
of streets and utilities.
A business establishment devoted primarily to selling newspapers,
magazines, books and other printed materials.
A business establishment which may or may not dispense food
and/or beverages for consumption on the premises and where a dance
floor or entertainment (excluding adult entertainment) is provided.
A business establishment which conducts the retail and/or
wholesale of plants grown on the site, as well as accessory items
(but not power equipment such as gas or electric lawn mowers and farm
implements) directly related to their care and maintenance. Accessory
items normally could include items such as pots, potting soil, fertilizers,
insecticides, hanging baskets, rakes, shovels, and the like.
A facility licensed by the Commonwealth of Pennsylvania designed
to provide daytime care and educational instruction for compensation
of children not related to the operator. If the facility is located
within a dwelling, it must meet all other requirements for a home
occupation, shall be secondary to the use of the dwelling for living
purposes and shall serve no more than six preschool-age children.
Building(s) used for the care of persons or a place of rest
for those persons suffering disorders requiring full-time nursing
care, but not including facilities for major surgery or institutions
for the care and treatment of narcotics addiction.
The physical possession upon, on or within any lot or structure
for a use.
The written authorization issued by the Borough of Oakmont's
Zoning Officer for use of land or buildings.
Offices shall be limited to the following:
OFFICE, PROFESSIONAL OR BUSINESSA business establishment that generally operates on a first-come, first-serve basis and has relatively high pedestrian or customer traffic throughout the year including utility payment centers, advertising agencies, manufacturing representatives, personnel agencies, travel and ticket agencies and the like; a business establishment that serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of recognized professionals such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions; or an office of a governmental agency, social service organization, notary, public or private utility, political organization or the like not including a municipal facility.
OFFICE, PUBLICAn establishment that houses elected officials or government employees and generally performs work related to government or public service.
[Added 2-18-2019 by Ord. No. O4-2019[5]]
The drilling and operation of oil and/or natural gas well(s).
The oil and gas well use shall be deemed to be located at the well
site. Oil and gas wells are an industrial use for area, yard and height
requirements under this chapter. For purposes of this chapter, the
following types of wells and drilling activities are subsumed in the
definition of "oil and gas wells":
HIGH VOLUME HYDRAULIC FRACTURING (HVHF)HVHF is the fracturing of subsurface rock formations by pumping large quantities of fluids at high pressure down a well bore and into a target rock formation for the purpose of removing subsurface oil and/or gas below the wellsite and horizontally/directionally therefrom where the volume of water used exceeds 300,000 gallons for all stages of completion of the well.
UNCONVENTIONAL OIL AND GAS WELLA bore hole drilled or being drilled for the purpose of or to be used for the production of gas from an unconventional formation. For the purposes of this chapter, an unconventional formation is a geological shale formation existing below the base of the Elk Sandstone or its geologic stratigraphic interval where natural gas generally cannot be produced at economic flow rates except by vertical or horizontal well bores stimulated by HVHF consuming over 300,000 gallons of water for all stages of completion of the well. This term includes the reworking or redevelopment of existing operational, abandoned or otherwise, oil and gas wells to utilize HVHF or drill horizontally.
INJECTION WELL AND/OR DRILLINGThose wells and activities used to place fluids and/or gases underground into porous geologic formations. These underground formations may range from deep sandstone or limestone, to a shallow soil layer. Injected fluids and/or gases may include carbon dioxide, fresh water, waste water, brine (saltwater), or water mixed with chemicals. Injections wells include all EPA classes of injection wells.
CONVENTIONAL OIL AND GAS WELLSA vertical bore hole that is drilled above the base of Elk Sandstone Shale Formation or its equivalent stratigraphic interval. Conventional oil and gas wells do not utilize HVHF methods or processes.
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 an oil or gas
well and are subject to all applicable federal, state and local laws
and regulations.
The applicant for a conditional use approval for oil and
gas wells or natural gas compressor station and also any "well operator"
or "operator" as defined in the Oil and Gas Act.[6]
[Added 2-18-2019 by Ord.
No. O4-2019]
Hydrocarbons in liquid form at standard temperature of 60°
F. and pressure 14.7 pounds per square inch absolute (PSIA) and commonly
used for heating-related or transportation-related fuel.
The individual(s), organization(s) or entity which is responsible
for the operation of a health care facility, assisted living facility,
day-care facility and/or nursery school/preschool and which also provides
the services and supervision required by its clients or oversees their
provision.
The person or persons having the right of legal title to,
beneficial interest in or a contractual right to purchase a lot or
parcel.
The geometric relationship between a sign face and a river's
normal pool waterline. The geometric relationship of a sign face shall
be calculated by:
Extending a line at a right angle from a point on the river's
mean normal pool waterline to the center point of a sign face.
If the measured angle is between 10° and 90°, the sign
face shall be considered parallel to the river.
Measuring the angle between the plane of a sign face and the
perpendicular line from the river.
Any designated piece or tract of land located in the Borough
established by a plat or otherwise as permitted by law.
PRIVATE PARKAn area maintained in its natural state as a private property for recreation.
PUBLIC PARKAn area maintained in its natural state as a public property for recreation.
A public or private garage or a paved, open off-street area
other than a driveway or street with adequate means of access and
used exclusively for the parking of vehicles of occupants or visitors
of the lot; however, a driveway serving a single-family dwelling or
which is for the exclusive use of an individual dwelling unit in a
residential building may be used as parking area.
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily or overnight off-street
parking by the public.
An off-street space available for the parking of a motor
vehicle.
A vertical divider or partition between adjoining structures
owned in common or in severalty or by one owner alone and providing
mutual rights of support for the respective adjacent buildings or
structures.
Development which is designed with a primary emphasis on
the street sidewalk and on pedestrian access to the site and building,
rather than on vehicle access and parking areas.
A financial guaranty to insure that all improvements, facilities
or work requested by this chapter will be completed in compliance
with the chapter and the approved plans and specifications of a development,
including but not limited to a performance bond, line of credit or
escrow account in the amount of 110% of the cost of the facilities
or improvements.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, glare, heat
or solid waste generated by or inherent in uses of land or buildings.
An authorized use which, upon an application for development,
may be granted in accordance with the provisions of this chapter.
A business enterprise conducted for gain which primarily
offers services to the general public such as shoe repair, valet service,
watch repairing, barbershop, beauty parlors and related activities.
Pavement designed to allow percolation or infiltration of
stormwater through the surface into the soil below where the water
is naturally filtered and pollutants are removed.
A retail store which primarily sells prescription drugs,
patent medicines and surgical and sickroom supplies.
A semiconductor-based device that converts light directly
into electricity.
A building and/or lot that is designed for the assembly or
collection of persons, for civic, political, educational, or social
purposes, and where recreation, amusement, or dining may occur as
accessory activities. A place of assembly does not include a private
club.
A building use and/or lot where people regularly observe,
practice, or participate in religious or spiritual services, meetings
and/or activities.
A survey of a lot upon which is shown the location of existing
and/or proposed structures; existing contours and proposed grading;
location and dimensions of yards; proposals for the disposition of
sanitary waste and stormwater; indications of zoning compliance; name
of applicant and landowner; area location map; dates of preparation
and revisions; and evidence of preparation by a registered architect,
landscape architect or engineer.
A planned development to be developed as a single entity
for special business uses and supporting uses.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The Planning Commission of the Borough of Oakmont.
The map or plan of a subdivision or land development, whether
preliminary or final.
PLAT, FINALThe final map of the land development or subdivision that is submitted for community approval and which, if approved, is filed with the County Recorder of Deeds.
PLAT, PRELIMINARYA preliminary map of the proposed land development or subdivision that is submitted for Borough consideration.
A covered entrance to a building or structure which may or
may not be enclosed and which projects out from the main wall of such
building or structure and has a separate roof or an integral roof
with the principal building or structure to which it is attached.
Belonging to or concerning an individual person, company
or interest independent from federal, state or local government agency.
Any leased or owner-occupied residence, leased or owner-occupied
commercial business, school, religious institution or other public
building that may be impacted by noise and other external impact generated
from activity associated with oil and gas well development and/or
natural gas compressor station or natural gas processing plant.
[Added 2-18-2019 by Ord.
No. O4-2019]
Owned, operated or controlled by a government agency, federal,
state or local.
A formal meeting held pursuant to public notice by Council
or the Planning Commission, intended to inform and obtain public comment
prior to taking action in accordance with this chapter.
All streets, walkways, gutters, curbs, sewers, waterlines
and other utilities or related facilities to be dedicated to or maintained
by the public.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the public hearing and the particular
nature of the matter to be considered at the public hearing. The first
publication shall be not more than 30 days or less than seven days
from the date of the public hearing.
A public or private right-of-way on which tracks for trains
are constructed.
A business establishment, owned by a private-sector entity(ies),
generally intended for use by all ages that provides recreation or
entertainment including but not limited to swimming pools, dance halls,
bowling alleys, billiard and pool halls, video and other coin-operated
game parlors, miniature golf courses, indoor rifle range and indoor
archery range.
Swimming pools, skating rinks, recreational centers and other
recreational areas and facilities (excluding golf courses) owned and/or
operated by the Borough of Oakmont or other public-sector entity.
That area of land suitable for the development of specific
active recreation facilities or leisure time activities, usually of
a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including
but not limited to baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools and attendant facilities.
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
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 8-19-2019 by Ord. No. O14-2019]
A building or group of buildings, including incubator facilities,
but not medical laboratories, used primarily for applied and developmental
research, where product testing may be an integral part of the operation
and goods or products may be manufactured solely when necessary for
testing, evaluation, and test marketing. This usage excludes the use
of toxic, biological, corrosive, flammable, carcinogenic, or explosive
materials, chemicals, liquids, gases, or solids.
Any building which is used for residential occupancy by one
or more families.
RESTAURANT, DRIVE-THROUGHA business establishment that delivers prepared food and/or beverages to customers in motor vehicles regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles for consumption either on or off the premises.
RESTAURANT, FAST-FOODA business establishment that offers quick food service for consumption on or off the premises which is accomplished through a limited menu of items already prepared and held for service or prepared, fired or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
RESTAURANT, STANDARDA business establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
Any business establishment not otherwise specifically defined
in this article that sells or rents commodities and/or services on
the premises directly to the general public, available for immediate
purchase and removal, but not including the manufacturing or processing
of any products.
RETAIL, LARGERetail store with a gross floor area equal to or more than 5,000 square feet. This use may include grocery stores and wholesaling but shall not include manufacturing or processing.
RETAIL, SMALLRetail store with a gross floor area less than 5,000 square feet. This use may not include wholesaling, manufacturing or processing of goods.
That portion of land dedicated to public use for street or
utility purposes.
Rising ground bordering a river.
An on-ground terminal linked to a satellite by an antenna
and associated electronic equipment for the purpose of transmitting
or receiving messages, tracking, or control.
A specialized instructional establishment that provides on-site
training of business, commercial, medical and/or trade skills such
as accounting, data processing, computer repair, vocational trades
and/or equipment usage.
A place of instruction operated by a public, private, nonprofit
or religious organization, having regular sessions, with regularly
employed instructors and meeting all of the requirements of the Pennsylvania
Department of Education for providing primary, secondary, postsecondary,
undergraduate and/or graduate collegiate education. This definition
shall not include privately operated, for-profit trade, vocation,
avocation or business schools.
A vertical masonry or vegetated plane designed to buffer
a person's view between activities.
Places of worship, places of assembly, schools, and other
similar institutions of an educational, religious, charitable or philanthropic
nature.
A line on a lot, generally parallel to a lot line, located
a sufficient distance therefrom to provide the minimum yards required
by this chapter. The setback line limits the area in which buildings,
structures, boats and trailers are permitted subject to all applicable
provisions of this chapter.
A group of retail and/or business establishments that are
planned, owned, and managed as a total entity with customer and employee
parking provided on site. The two main configurations of shopping
centers are malls and strip centers.
SHOPPING CENTER, COMMUNITYA shopping center having from 150,000 square feet to 500,000 square feet of gross floor area.
SHOPPING CENTER, NEIGHBORHOODA shopping center having less than 150,000 square feet of gross floor area.
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 8-19-2019 by Ord. No. O14-2019]
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 visibility over
a crest vertical curve and the extent of headlight illumination across
a sag vertical curve.
A device, fixture, placard or structure that uses color,
form, graphic, illumination, symbol or writing to provide identification,
direct attention or to communicate information of any kind to the
public regarding a person, entity, organization, business or idea.
BANNER SIGNAny sign intended to be hung, either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this article.
CANOPYAny rigid structure, made of cloth, metal or other materials with the frame attached to a building and generally supported by the ground, extending over areas intended for pedestrian traffic, and the structure is primarily for purposes of shelter rather than advertising.
FREESTANDING SIGNAny sign supported permanently upon the ground, by varied means, and not attached to any building or structure, whose purpose is not to support such sign. Freestanding signs shall include:
MARQUEEAny permanent roof-like structure extending from the wall of a building, but not supported by the ground, constructed of durable material such as metal or glass, extending over areas intended for pedestrian and/or vehicular traffic, and the structure is primarily for purposes of shelter rather than advertising.
PROJECTING SIGNAny sign supported by a building wall and attached along one edge or by a bracket perpendicular to the wall surface, projecting more than six inches. The sign may not extend more than six feet from the building wall.
TEMPORARY SIGNAny sign that is:
Used in connection with a circumstance, situation or event that
is designed, intended or expected to take place or to be completed
within a reasonably short or definite period after the erection of
such sign; or
Intended to remain on the location where it is erected or placed
for a period of not more than 30 days.
If a sign display area is permanent, but the message displayed
is subject to periodic changes, that sign shall not be regarded as
temporary.
WALL SIGNAny sign supported by a building wall and attached flat against the wall surface, projecting no more than six inches.
A building and lot occupied by one family.
A parcel of land located in the Borough, established by a
plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
The total area of the lot or lots comprising a site.
A plan prepared by a registered surveyor, engineer, landscape
architect or architect for a use authorized by right which contains
the following:
Name of applicant and landowner;
Name of development, if any;
Evidence of preparation by a licensed architect, landscape architect
or engineer;
Graphic and written scale;
North arrow;
Dates of preparation and revision of site plan;
A site location map;
A site plan drawn to no greater than one-hundred-foot scale
upon which is delineated and clearly identified the location, extent
and area in acres, if applicable, of the following:
Property lines for the site and adjacent parcels;
Site area;
Proposed buffer yards;
Location and dimensions of existing and proposed public and
private roads, streets, driveways, walks and paths;
Existing and proposed structures with proposed site density
and approximate height of structures indicated for each proposed type
of structure and use;
Proposed location and dimensions of all yards and open spaces;
Existing contours and proposed grading plan;
General proposals for the disposition of stormwater runoff;
Proposals for the disposition of sanitary wastes and the provision
of water supplies;
All applicable areas or uses regulated or mandated by this chapter,
including but not limited to off-street parking, exterior lighting,
signs and outdoor storage.
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV related
equipment.
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
A solar collection system consisting of one or more building-
and/or ground-mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and does not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.
Railroad landing or stop where passengers board and exit
a train(s).
A location where regularly scheduled transit service stops
to load and unload passengers.
An uncovered approach less than 25 square feet in area or,
if a covered approach, no posts are included in supporting such cover.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways, whether public or private,
used or intended to be used by vehicular traffic or pedestrians.
ARTERIALA public two-, three-, and four-lane roadway with signalized access which provide intermunicipal traffic of substantial volumes where the average trip lengths are usually five miles or greater. Arterial roadways usually have intermediate permissible speeds that function as an intracommunity link and also serve as a feeder to other arterial streets. This classification serves primarily through traffic and provides access to abutting properties as a secondary function, having signal spacing of two miles or less and turn movements at intersections that usually do not exceed 20% of total traffic.
COLLECTORA street which connects local access streets to arterial roadways. They may serve as traffic corridors connecting residential areas with industrial, shopping and other service. They may also penetrate residential areas and typically have signalized or controlled intersections.
LOCAL ROADA public street that provides direct access to abutting, individual land parcels and where travel distances are generally short. Classification discourages through traffic.
ALLEYA public thoroughfare not intended for general traffic circulation which may afford a secondary means for lot access.
LANEA public thoroughfare, located internal to a lot, which serves as a means of circulation between structures, parking areas and/or access to garages/service aisles.
OTHERA street which does not fall into any of the other street categories listed.
Any change in the supporting or structural members of a building
or structure, such as the bearing walls, partitions, columns, beams
of the roof or exterior walls.
Any man-made object having an ascertainable location on or
in land or water, whether or not affixed to the land where said object
may or may not have a roof and/or wall(s).
STRUCTURE, ACCESSORYA detached, subordinate structure, the use of which is clearly incidental to the principal structure or use of the lot.
STRUCTURE, NONCONFORMINGA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.
STRUCTURE, PRINCIPALThe main structure or structures on a lot in which the principal use or uses are conducted.
STRUCTURE, STORAGEAn accessory structure for the storage of goods directly related to the principal use(s) of the lot, including but not limited to greenhouses and storage sheds for garden equipment and household goods used by the residents of a dwelling.
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.
A precise legal description of a lot and the graphic delineation
of precise lot boundaries; lot dimensions and areas; all easements
and public and private rights-of-way; and North point and graphic
scale affecting the lot, prepared by a professional land surveyor
licensed and registered in the Commonwealth of Pennsylvania. The survey
shall be on sheets of 24 inches by 36 inches.
A body of water in an artificial or semiartificial receptacle
or other container, whether located in or out of doors, used as a
recreational facility for swimming, bathing, or wading and having
a depth of over 24 inches. A swimming pool shall be deemed to include
the buildings, equipment and appurtenances incidental to such a pool.
[Amended 2-18-2019 by Ord. No. O6-2019]
A business establishment which provides on-site alcoholic
beverage sales for drinking on the premises, where food is served
only as accessory use, where live entertainment (not including adult
entertainment) may also be provided, and where minors are not admitted
unless accompanied by a parent or guardian.
A structure, including any guy wires, principally intended
to support facilities for receipt or transmission of broadcast for
commercial or public VHF and UHF television, FM radio, two-way radio,
common carriers, cellular telephone, fixed-point microwave, low-power
television or AM radio, including accessory equipment related to telecommunications.
Telecommunications tower does not include antennae and supportive
structures for private, noncommercial and amateur purposes, including
but not limited to ham radios and citizen band radios.
The grant of tentative approval of an application for development of a planned development by Council subsequent to a landowner and/or developer's submission of an application for tentative approval and a public hearing in accordance with Article VI of this chapter.
A business establishment, other than an adult movie theater
or adult movie house, inside a completely enclosed building devoted
to showing pictures and/or live dramatic or musical performances on
a paid admission basis. A theater usually contains an auditorium in
addition to other performance-related facilities. This term shall
not refer to a place of assembly.
The time and temperature portion of a sign shall mean the
display of the time and temperature only; no other picture, word,
symbol or display of any type shall be permitted.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
An establishment offering building maintenance and repair
services, including but not limited to carpentry, painting, remodeling,
roofing, plumbing, heating or insulating.
Is a mixed-use residential and commercial area designed to
maximize access to public transport, and often incorporates features
to encourage transit ridership.
A parcel used for a centralized storage of trucks or where
trucks are congregated at a warehouse or other loading facility to
load and unload products.
Area not within a building and not in a defined setback or
yard area.
A type of collector street serving to accommodate intraneighborhood
traffic.
An activity, business or purpose for which any lot or structure
is utilized.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use of the lot.
USE, AUTHORIZEDAny principal use or accessory use allowed by this chapter as a permitted use by right, conditional use, use by planned development or use by special exception.
USE BY PLANNED DEVELOPMENTAn authorized use which may be granted only by Council in accordance with Article IV of this chapter and the MPC.[8] Nonresidential uses by planned development are conditional
uses granted in accordance with the express standards and criteria
of this chapter.
USE BY SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria.
USE, CONDITIONALAn authorized use which may be granted only by Council pursuant to express standards and criteria after recommendation by the Planning Commission and after a public hearing held in accordance with the requirements of this chapter.
USE, NONCONFORMINGA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
USE PERMITTED BY RIGHTAn authorized use which, upon an application for development, may be granted by the Zoning Officer in accordance with the provisions of this chapter.
USE, PRINCIPALThe main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.
A sight line without interruption toward an intended object
or object of interest.
A building or structure used for the storage and handling
of goods, materials, freight, or merchandise awaiting sale on another
lot or location, but not including the maintenance or fueling of commercial
vehicles. Warehousing which is incidental to retail sales and which
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition. Incidental
sales may occur on the lot.
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or man-made, used to store wastewater,
used in connection with oil and gas drilling, natural gas compression
stations, natural gas processing plants, or other related process
or structure relating to the extraction, storage, processing or transmission
of oil or natural gas. Wastewater shall include but not be limited
to brine, fracturing fluid, produced water, recycled water, impaired
water, flow back water or any other fluid that does not satisfy the
definition of "fresh water."
[Added 2-18-2019 by Ord.
No. O4-2019]
A channel, creek, ditch, drain, dry run, spring or stream.
Recreation, entertainment or restaurant facilities or uses
which achieve greater value or beauty as a result of a location on
or near a river.
A facility or use which, by its nature, is required to be
on or adjacent to a river; without such adjacency the use could not
exist.
A bored, drilled, or driven shaft whose depth is greater
than the largest surface dimension; or a hug hole whose depth is greater
than the largest surface dimension; or an improved sinkhole; or a
subsurface fluid distribution system.
[Added 2-18-2019 by Ord.
No. O4-2019]
The graded pad and appurtenant area occupied by the facilities,
structures and equipment necessary for or incidental to the drilling,
production or operation of an oil or gas well at the site, including
well site preparation, well site construction, drilling, hydraulic
fracturing, site restoration, water and other fluid storage, impoundment
and transportation located at the site and used for such activities
and installation of associated equipment, the site preparation, construction
and installation, maintenance and repair of oil and gas pipelines
and associated equipment and other equipment and activities at the
site associated with drilling for, production and transportation of
oil and gas, but excluding any structure, facility or use constituting
a natural gas compressor station or a natural gas processing plant
or any other facility used primarily to refine or process gas or oil.
[Added 2-18-2019 by Ord.
No. O4-2019]
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is used generally on a pole or tower and along with other generating
and electrical storage equipment forms a wind energy conversion system.
A required open space unoccupied and unobstructed by any
principal structure or portion of a principal structure; however,
accessory structures, parking areas and driveways are permitted in
yards in accordance with the requirements of this chapter.
FRONT YARDA yard extending across the full lot width and abutting the front lot line. The required minimum depth measurement of the front yard shall be the horizontal distance between the front lot line and a line parallel thereto at a distance from the front lot line in accordance with the yard requirements set forth in each district in this chapter.
REAR YARDA yard extending between the side yards of the lot and abutting the rear lot line. The required minimum depth measurement of the rear yard shall be the horizontal distance between the rear lot line and a line parallel thereto at a distance from the rear lot line in accordance with the yard requirements set forth for each district in this chapter.
SIDE YARDA yard abutting a side lot line, extending between the rear line of the front yard and the rear lot line. The required minimum width measurement of the side yard shall be the horizontal distance between the side lot line and a line parallel thereto at a distance from the side lot line in accordance with the yard requirements set forth for each district in this chapter.
The area created by the riverfront setback requirements.
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on a lot line.
Approval under the provisions of this chapter certifying
that an application for development or application for occupancy permit
has fulfilled the requirements of this chapter.
A board appointed by Council to examine appeals for relief
from strict conformance to application of this chapter, to consider
special exceptions and to hear testimony regarding the validity of
any regulations upon development in the Borough and to perform those
other functions which this chapter directs it to perform.
The Official Map of the Borough that indicates the districts
and other relevant information thereon and shall be a part of this
chapter by reference.[9]
The administrative officer appointed by Council who shall
administer and enforce the provisions of this chapter in accordance
with its literal terms. The Zoning Officer shall have all the powers
and be subject to all the provisions set forth in the MPC[10] with respect to Zoning Officers.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
[3]
Editor's Note: See 42 U.S.C. § 3601 et seq. and 42 U.S.C.
§ 12101 et seq., respectively.
[4]
Editor's Note: See 53 P.S. § 10503(1.1) and Ch. 182, Subdivision and Land Development, respectively.
[5]
Editor's Note: This ordinance also repealed the definition
of "oil well."
[6]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
[7]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
