Municipality of Monroeville, PA Definitions

A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(a)

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

(b)

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

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an "adult bookstore" or "adult video store." Such other business purposes will not serve to exempt such commercial establishment from being categorized as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

Persons who appear in the state of nudity;

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar commercial establishment which:

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

ADULT MOTION-PICTURE THEATER

Offers any single sleeping room for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.

Commercial establishments where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

ADULT THEATER

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

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

AGRICULTURE

Any use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture or animal or poultry husbandry. Uses permitted in conjunction with an agricultural use may include barns, stables, corn cribs, silos and any other use or structure that is clearly related to an agricultural operation.

ALLEY

A public or private way permanently reserved as a secondary means of access to abutting property.

[Added 1-8-2013 by Ord. No. 2571]

AMUSEMENT USE

A stadium, arena, bowling alley or related facility for the presentation of musical, theatrical or sporting events where the number of spectators normally is greater than the number of players and where such use is not accessory to a school or church.

[Amended 8-10-1999 by Ord. No. 2118]

ANCILLARY CAFETERIA

A restaurant which is located within a shopping center, industrial park, office center or apartment complex, having a floor area of not more than 3,000 square feet, and intended primarily to serve the employees, patrons or residents of the complex within which it is located.

ANIMATION

Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation or copies the impression of a traffic control device, signal, lighting or signage.

[Added 1-11-2005 by Ord. No. 2325; amended 12-11-2012 by Ord. No. 2566]

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include commercial communication towers as defined below.

[Added 12-8-2015 by Ord. No. 2635]

APARTMENT

A dwelling unit in a multiple-family residential structure containing three or more dwelling units.

APPLICANT

A landowner or holder of an agreement to purchase land, lessee or other person having a proprietary interest in land, or the heirs, successors and/or assigns of such person, who has filed an application for the use, improvement or development of any parcel or structure under this chapter.

ARRAY

Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.

[Added 1-8-2013 by Ord. No. 2571]

AUTOMOBILE SALVAGE

The dismantling or wrecking of used motor vehicles, trucks, trailers, farm equipment or mobile homes or the storage, sale or dumping of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts.

BASEMENT

A story partly below ground and having 40% or more of its height below the average level of the adjoining ground.

BASIC GRADE

A reference plane representing the average of the finished ground level adjoining a structure at all its exterior walls.

BED-AND-BREAKFAST

An owner-occupied of a two-family or multifamily dwelling that contains not more than three guest bedrooms in which lodging is provided from compensation and in which meals may also be provided to guests. This use shall not include group homes.

[Added 8-9-2011 by Ord. No. 2522]

BILLBOARD and/or OUTDOOR ADVERTISING SIGN

A sign displaying changeable advertising copy which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located.

[Added 8-13-1994 by Ord. No. 1764]

BOARD

The Zoning Hearing Board of the Municipality of Monroeville.

BUFFER AREA

The area within a Municipal waste landfill property, facility, disposal area or site, generally adjacent to and parallel with a floodplain, wetland, occupied dwelling, perennial stream, property line, airport runway, coal seam, coal outcrop, coal refuse, public or private water source, school building, park and/or playground, for a width as determined in § 359-33BB(17) of this chapter, consisting of undisturbed, natural, existing vegetation, unless otherwise determined by Monroeville Council. In that event, the buffer is to be created by the use of trees, shrubs, fences and/or other berms designed to limit the view of and/or sound from the site to adjacent sites or properties. Upon planting and/or installation, any trees, shrubs, fences and/or berms shall be a minimum 10 feet in height and shall produce a year-round screen.

[Added 7-21-1993 by Ord. No. 1843]

BUILDABLE AREA

That portion of a zoning lot bounded by the required front, side and rear yards.

BUILDING-INTEGRATED SYSTEM

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.

[Added 1-8-2013 by Ord. No. 2571]

BUILDING-MOUNTED SYSTEM

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 Municipality and that is either the principal structure or an accessory structure on a recorded parcel. This system also includes any solar-based architectural elements.

[Added 1-8-2013 by Ord. No. 2571]

BUILDING SETBACK

The required minimum horizontal distance between the front yard line and the front edge of a building.

[Added 3-9-1999 by Ord. No. 2106]

BUSINESS SERVICES

A service shop or office providing services and sales of office supplies and equipment where the repair and maintenance of equipment is limited, and does not include manufacturing or industrial operations.

CELL

The smallest basic solar electric device which generates electricity when exposed to light.

[Added 1-8-2013 by Ord. No. 2571]

CEMETERY

Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

CHANGEABLE COPY

Character height shall be no greater than 18 inches in height and no more than three lines of copy per electronic message center with the copy or other images that physically change or give the appearance of change display at intervals of not less than 15 seconds.

[Added 1-11-2005 by Ord. No. 2325; amended 12-11-2012 by Ord. No. 2566]

CHILD-CARE CENTER

Any place, home or institution which cares for four or more children under the age of 16 years apart from their parents, guardians or custodians for regular periods of time for compensation; provided, however, that the term "child-care center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person or churches and other religious or public institutions caring for children within an institutional building.[1]

CLOSURE

The date on which a Municipal waste processing or disposal facility permanently ceases to accept waste and access is limited to activities necessary for postclosure care, maintenance and monitoring.

[Added 7-21-1993 by Ord. No. 1843]

CLUB

An organization comprised mainly of the residents of the neighborhood in which it is located, the primary purpose of which is the advancement of its members or of the community in education, cultural or civic pursuits and activities.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing commercial communication tower, or on any structure that already supports at least one commercial communication antenna.

[Added 12-8-2015 by Ord. No. 2635]

COMMERCIAL

An activity involving the sales of goods or services carried out for profit.

[Added 10-8-1996 by Ord. No. 1995]

COMMERCIAL COMMUNICATION ANTENNA

All non-tower wireless communications facilities, including but not limited to antennas and related equipment. commercial communication antennas shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

[Added 10-8-1996 by Ord. No. 1995; amended 12-8-2015 by Ord. No. 2635]

COMMERCIAL COMMUNICATION TOWER

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be commercial communication towers.

[Added 8-8-1995 by Ord. No. 1952; amended 12-8-2015 by Ord. No. 2635]

COMMERCIAL COMMUTER LOT

An off-street parking lot, designed and intended to provide for the storage, for limited periods of time, of operable passenger automobiles, and available to the public for compensation, or as an accommodation to clients or customers.

[Added 3-12-2002 by Ord. No. 2220]

COMMON OPEN SPACE

A parcel of land integral to a planned residential development and subject to provisions which assure the continued availability and maintenance of such open space for the use and benefit of the residents of the planned development.

COMMUNITY USE

A school, playground or related recreation facility, public building or public maintenance facility.

COMMUTE

A trip from home-to-work or work-to-home.

[Added 3-12-2002 by Ord. No. 2220]

COMMUTER

One who travels regularly from home-to-work and then work-to-home.

[Added 3-12-2002 by Ord. No. 2220]

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONDITIONAL USE

A specific exception to the standard regulations of this chapter which requires approval by the governing body under terms and procedures and with conditions prescribed herein.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

CONSTRUCTION/DEMOLITION WASTE

Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include the following if they are separate from other waste and are used as clean fill:

[Added 7-21-1993 by Ord. No. 1843]

Uncontaminated dredging waste, soil, rock, stone, gravel, unused brick and block and concrete.

DEPARTMENT OF ENVIRONMENTAL RESOURCES

Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative materials.

CONTRACTOR'S YARD

A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods, but not including the wrecking, salvaging, dismantling or storage of junked automobiles and similar vehicles.

The Department of Environmental Resources of the Commonwealth of Pennsylvania and authorized representatives. Also referred to as "PADER" or "DER."

[Added 7-21-1993 by Ord. No. 1843]

DEPENDENT DWELLING

An accessory dwelling unit attached to a principal one-family house, installed and intended solely for the use of elderly parents or other dependent, close relatives.

DEVELOPER

Any present or prospective landowner or agent of such landowner who makes or causes to be made a development plan and an application for a planned development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

[Amended 7-9-1996 by Ord. No. 1988]

DEVELOPMENT PLAN

A graphic and written presentation of either a planned residential development or a planned group unit, including a plat of subdivision, and all provisions relating to use, location and bulk of structures, intensity of development, streets, ways and parking facilities, common open space and public facilities.

DISPOSAL AREA

The part of the site where disposal is occurring or will occur.

[Added 7-21-1993 by Ord. No. 1843]

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 12-8-2015 by Ord. No. 2635]

DRIPLINE

The outermost edge of a roof including eaves, overhangs and gutters.

[Added 1-8-2013 by Ord. No. 2571]

DRIVE-IN RESTAURANT

A fast-food restaurant characterized by a limited menu and primarily catering to drive-in traffic.

DWELLING UNIT

One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.

ELECTRONIC FUEL PRICING SIGN

In addition to the 24 square feet per side, an electronic message center secondary sign, single or double faced, with a black background/face that includes provisions for multicolored, changeable copy, electronic fuel pricing sign(s) may be permitted. The total electronic fuel pricing sign(s) shall not exceed a maximum of 24 square feet per side and must be calculated into the maximum permitted sign area, not to exceed 225 square feet.

[Added 12-11-2012 by Ord. No. 2566]

ELECTRONIC MESSAGE CENTER

A secondary sign with a black background/face that includes provisions for changeable copy, multicolored, advertising an on-site product/service/activity, public service message, time or temperature sign.

[Added 1-11-2005 by Ord. No. 2325; amended 12-11-2012 by Ord. No. 2566]

EMERGENCY

A condition that:

[Added 12-8-2015 by Ord. No. 2635]

Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

[Amended 4-11-1995 by Ord. No. 1938]

Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

ESCORT

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

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

ESCORT AGENCY

A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FACILITY

Land, structures and other appurtenances or improvements where Municipal waste disposal or processing is permitted or takes place.

[Added 7-21-1993 by Ord. No. 1843]

FAMILY

Either an individual or two or more persons related by blood or marriage or adoption or a group of not more than five persons not so related (not counting servants) occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FCC

Federal Communications Commission.

[Added 12-8-2015 by Ord. No. 2635]

FINAL CLOSURE

The date after which no further treatment, maintenance or other action is or will be necessary at a Municipal waste processing or disposal facility to ensure compliance with the Solid Waste Management Act[2] and Pennsylvania Department of Environmental Resources regulations.

[Added 7-21-1993 by Ord. No. 1843]

FLOOD-FRINGE DISTRICT

That area of the one-hundred-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the Flood Insurance Study.

FLOOD INSURANCE STUDY

A study prepared by the Federal Emergency Management Agency for the National Flood Insurance Program dated October 4, 1995, which includes Flood Insurance Rate Maps.

[Amended 7-9-1996 by Ord. No. 1988]

FLOODPLAIN

A relatively flat or low land area which is subject to inundation from the rapid accumulation of surface waters, including floodway districts, flood-fringe districts and general floodplain districts.

FLOODPLAIN DISTRICT

A floodplain area for which no detailed flood profiles or elevations are provided but where a one-hundred-year floodplain boundary has been approximated. Such areas are shown on the Flood Boundary and Floodway Map of the Flood Insurance Study.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

[Added 7-9-1996 by Ord. No. 1988]

FLOODWAY DISTRICT

That portion of a floodplain delineated for regulation by this chapter which must be reserved to discharge the waters of the one-hundred-year flood without causing more than a one-foot rise in flood heights. The areas included in this district are specifically defined on Tables 1 through 6 of the Flood Insurance Study.

FLOOR AREA

In a dwelling, the sum of the horizontal areas of all rooms used for habitation but not including cellars, attics, unheated rooms or rooms without either a skylight or window.

FOOD SERVICE ESTABLISHMENT

In a store, shop, restaurant, club or funeral home, the sum of the horizontal areas of all space to which the customer has access and excluding storage, office and other preparation or administrative spaces.

FLOOR AREA RATIO

The ratio obtained when the gross floor area minus unoccupied basement area is divided by the total lot area.

An area with seats and/or tables in which prepared food is served for human consumption.

[Added 5-10-2011 by Ord. No. 2516]

FRONT YARD DEPTH

The prescribed minimum open space extending across the entire width of the lot between the front line of the building and the street right-of-way.

FRONT YARD LINE

The lot line separating a lot from a street right-of-way.

[Added 3-9-1999 by Ord. No. 2106]

GARDEN APARTMENT

A multiple-family residential structure containing three or more dwelling units having a height no greater than three stories.

GAS

Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature of 60° F. and pressure 14.7 PSIA, any manufactured gas, any by-product gas or any mixture of gases.

[Added 10-14-2008 by Ord. No. 2430; amended 12-9-2008 by Ord. No. 2437[3]]

GAS STATION

A premises providing fuel and minor accessories and services to automobiles, but not including major overhaul, spray painting, recapping of tires or auto wrecking.

GOLF COURSE

A recreational facility, public or private, whose primary purpose is the sport of golf, and may include within that facility such associated accessory uses as driving ranges, putting courses, clubhouse, pro shop, swimming pools, tennis court and restaurant.

[Added 2-9-1993 by Ord. No. 1829]

GOVERNING BODY

The Council, Municipality of Monroeville, Allegheny County, Pennsylvania.

GROSS FLOOR AREA

The sum of the horizontal area of all floors of a structure and its accessory buildings, as measured between the exterior faces of walls.

[Added 4-11-1995 by Ord. No. 1938]

GROSS SURFACE AREA

The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding necessary supports or uprights upon which such sign is placed. For signs utilizing individual letters or figures or characters mounted directly on the wall or face of a structure, the "gross surface area" shall be the entire area within a single continuous perimeter enclosing the extreme limits of the writing, representation or other communication material.

[Added 8-13-1994 by Ord. No. 1764]

GROUND-MOUNTED SYSTEM

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.

[Added 1-8-2013 by Ord. No. 2571]

GROUP DWELLING A

A dwelling facility operated for not more than eight persons, including staff, living together as a single housekeeping unit.

GROUP DWELLING B

A dwelling facility operated for not more than 15 persons, plus staff, living together as a single family or as a single housekeeping unit.

GROUP DWELLING C

More than two and fewer than eight supervised apartments in one multiple-family structure, each housing not more than four persons, inclusive of an apartment occupied by staff persons to assist and supervise the group of apartments so supervised.

HAZARDOUS MATERIAL

Any of the following materials or substances: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, nitric oxides, petroleum products, phosphorus, potassium, sodium, sulphur, sulphur products, pesticides, insecticides, fungicides and all poisons, flammable gases and radioactive substances.

HAZARDOUS WASTE

[Added 7-21-1993 by Ord. No. 1843]

Garbage, refuse or sludge from an industrial or other wastewater treatment plant; sludge from a water supply treatment plant or air pollution control facility; and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from Municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following:

(a)

Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or total population.

(b)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

HEIGHT OF A COMMERCIAL COMMUNICATION TOWER

The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51 to 30.101). The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001). The term does not include solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) or source, special nuclear or by product material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011 to 2284).

HEIGHT

The vertical distance from basic grade at the front wall of a structure to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

The vertical distance measured from the ground level, including any base pad, to the highest point on a commercial communication tower, including antennas mounted on the tower and any other appurtenances.

[Added 12-8-2015 by Ord. No. 2635]

HOTEL

A structure or structures designed for occupancy primarily as the temporary abiding place of individuals who are lodged with or without meals, including auto courts, motels, motor hotels, motor lodges, tourist courts and the like, in which structure or group of structures:

[Amended 7-14-1998 by Ord. No. 2082]

There are more than six living or sleeping room units.

The major portion of the floor area is devoted to living quarters, but incidental business may be conducted.

There may be meeting rooms, common dining facilities, swimming pools, tennis courts and similarly ancillary recreational uses as accessory uses or structures incidental to the hotel operation.

HOUSING FOR THE ELDERLY

A multiple-family apartment structure designed for and operated for occupancy by elderly families and individuals, 60 years of age or older, and conforming to all requirements of federal, state or local laws and regulations pertaining to housing for the elderly.

HVAC

Equipment used to heat, cool or ventilate a structure.

[Added 1-8-2013 by Ord. No. 2571]

IMPERVIOUS SURFACE

A surface area, which has been compacted or covered with a layer of material so that it is resistant to infiltration by water. It includes semipervious surfaces such as compacted clayey soils, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces. Net increase of impervious surface refers to the difference between the existing impervious coverage and the total impervious surface proposed.

[Added 1-8-2013 by Ord. No. 2571]

INTERCONNECTION

The technical and practical link between the solar generator and the grid providing electricity to the greater community.

[Added 1-8-2013 by Ord. No. 2571]

KILOWATT (kW)

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. One-thousand kW are equal to one megawatt (MW).

[Added 1-8-2013 by Ord. No. 2571]

LIGHT MANUFACTURING

The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. "Light manufacturing" includes 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; and food products, but not animal slaughtering, curing or rendering of fats.

LIMITED OFFICE

Offices located within a structure having a floor area of less than 4,000 square feet.

LOADING SPACE

An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOCAL RESTAURANT

A restaurant other than a drive-in restaurant having a floor area not greater than 3,000 square feet.

LOCAL RETAIL SHOP

Retail stores and personal service shops which cater to the day-to-day needs of nearby residents and which can be located in close proximity to residential neighborhoods without an adverse impact from undue vehicular congestion, excessive noise or other objectional influences. Such shops and stores include drugstores, beauty salons, barbershops, dry-cleaning and laundry pickup facilities having a floor area of less than 3,000 square feet and grocery stores of less than 8,000 square feet in floor area.

LOT

A parcel of land occupied or capable of being occupied by one or more structures.

LOT, AREA OF

The horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

LOT, DEPTH OF

A mean horizontal distance between the front and rear lot lines.

LOT OF RECORD

Any lot which, individually or as a part of a subdivision, has been recorded in the office of the Recorder of Deeds of the county.

LOT, WIDTH OF

The distance between the side lines of the zoning lot measured at the shortest distance at or between the front and rear building lines as determined by the prescribed front and rear yard requirements.

LOT, ZONING

A parcel of land, fronting on a street, which is or may be occupied by a main structure or a unit group of buildings with accessory uses and structures and the open spaces required under this chapter, including easement areas, if any, but not including any public or private street or alley.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area. An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

[Added 7-9-1996 by Ord. No. 1988]

MAJOR EXCAVATION

Any grading, filling or other operation (other than in connection with a foundation for a structure) involving:

Strip or other mining of coal or other minerals, excavating of sand or rock and the crushing of rock, drilling for gas or oil, recovery of metal or natural resources and similar operations;

Material alteration of the ground surface so as to affect streets and recreation sites and other public facilities or physically affect private property within 1,000 feet of the operation;

A volume of earth movement exceeding 10,000 cubic yards; or

MUNICIPAL LANDFILL INSPECTOR

A change in ground elevation exceeding 15 feet.

MANUFACTURING

The processing and fabrication of any article, substance or commodity.

MEDICAL CLINIC

Any establishment where human patients are not hospitalized overnight but are examined and treated by doctors or others who are duly licensed to perform medical healing arts.

MEMBERSHIP CLUB

A chartered, nonprofit organization, the primary purpose of which is the advancement of its members or of the community in education, fraternal, cultural or civic pursuits and activities.

MINOR ARTERIAL HIGHWAY

A functional classification, established by the American Association of State Highway and Transportation Officials (AASHTO), for the grouping or categorizing of roadways according to the character of service they provide as part of an overall highway system. Minor arterials connect with and augment the principal arterial system; more emphasis is placed on land access; they are important to intracommunity continuity; and have lower traffic volumes than principal arterials and includes: Center Road, Haymaker Road, James Street, Monroeville Boulevard, Monroeville Road, Northern Pike, Old William Penn Highway, Pitcairn Road, Stroschein Road, Thompson Run Road and Wilmerding-Monroeville Road.

[Added 3-12-2002 by Ord. No. 2220]

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements, nor shall "minor repairs" include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME

A prefabricated dwelling unit designed for transportation on streets and highways on its own wheels or on a flatbed or other trailer and arriving at the site where it is intended to be occupied as a dwelling complete and ready for occupancy except for connection to utilities and minor or incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation.

MOBILE HOME PARK

A planned residential development which is to be occupied by two or more mobile homes.

MODULE

A module is the smallest protected assembly of interconnected PV cells.

[Added 1-8-2013 by Ord. No. 2571]

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 12-8-2015 by Ord. No. 2635]

MUNICIPALITY

Municipality of Monroeville.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

Employee(s) of the Municipality of Monroeville certified by the Department of Environmental Resources to act as a host Municipality inspector of Municipal waste landfills with the following authority, including to enter onto the property, inspect any records required by the Department of Environmental Resources, collect samples and conduct inspections in accordance with Department of Environmental Resources regulations.

[Added 7-21-1993 by Ord. No. 1843]

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and any other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, Municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of "residual waste" or "hazardous waste" hereunder from a Municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.

[Added 7-21-1993 by Ord. No. 1843]

MUNICIPAL WASTE DISPOSAL OR PROCESSING FACILITY

A waste facility using land for disposing or processing of Municipal waste. The facility includes land affected during the lifetime of operations, including but not limited to areas where disposal or processing activities actually occur, support facilities, buffer areas, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility.

[Added 7-21-1993 by Ord. No. 1843]

MUNICIPAL WASTE LANDFILL

A facility using land for disposing of Municipal waste. The facility includes land affected during the lifetime of operations, including but not limited to areas where disposal or processing activities actually occur, support facilities, buffer areas, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge, as more specifically defined in Title 25, Chapter 271.1, of the Pennsylvania Department of Environmental Resources regulations, as amended.[4]

[Added 7-21-1993 by Ord. No. 1843]

NATURAL ELEVATION

A topographic elevation present in or produced by nature and undisturbed by man.

[Added 7-21-1993 by Ord. No. 1843]

NET METERING AGREEMENT

An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.

[Added 1-8-2013 by Ord. No. 2571]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after July 10, 1979, with the adoption of Ordinance No. 1192 by the Monroeville Council,[5] and includes any subsequent improvements thereto.

[Added 7-9-1996 by Ord. No. 1988]

NONCONFORMING LOT

A lot whose width, area or other dimension does not conform to the regulations of this chapter and which was a lot of record or lawfully existed at the time the regulations with which it does not conform became effective.

NONCONFORMING STRUCTURE

Any structure or part of a structure legally existing at the time of enactment of this chapter or any of its amendments which does not conform to the provisions of this chapter.

NONCONFORMING USE

Any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments which does not conform to the provisions of this chapter.

NUDE MODEL STUDIO

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

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

NUDITY or A STATE OF NUDITY

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

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

NURSING OR CONVALESCENT HOME

An institution for the care of persons who are residents by virtue of requiring specialized care and supervision relating to health, social and/or rehabilitative services. The facility shall be licensed by the Commonwealth of Pennsylvania as a skilled or intermediate care facility. The term shall not include hospitals, psychiatric hospitals or alcohol and drug abuse rehabilitation centers.

[Added 5-11-1994 by Ord. No. 1886]

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or which is placed where the flow of the water might carry the same downstream to the damage of life and property.[6]

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furbished with desks, tables, files and communication equipment.

[Added 6-9-2009 by Ord. No. 2455]

OIL or PETROLEUM

Hydrocarbons in liquid form at standard temperature of 60° F. and pressure 14.7 PSIA.[7]

[Added 10-14-2008 by Ord. No. 2430; amended 12-9-2008 by Ord. No. 2437]

ONE-HUNDRED-YEAR FLOOD

A flood of such magnitude that it has only a one-percent chance of occurring each year, although such flood may occur in any year.

OPERATE

To construct a Municipal waste management facility in anticipation of receiving solid waste for the purpose of processing or disposal; to receive, process or dispose of solid waste; to carry on an activity at the facility that is related to the receipt, processing or disposal of waste or otherwise affects land at the facility; to conduct closure and postclosure activities at a facility.

[Added 7-21-1993 by Ord. No. 1843]

OPERATOR

The person or Municipality that operates a Municipal waste processing or disposal facility.

[Added 7-21-1993 by Ord. No. 1843]

PARKS AND RECREATION

A facility operated by a public agency, nonprofit agency or homeowners' association to provide open space and recreational facilities serving the neighborhood, the community or the general public.

[Added 6-9-1987 by Ord. No. 1571]

PERMIT

A permit issued by the Department of Environmental Resources to operate a Municipal waste disposal processing facility. The term includes a permit modification, permit reissuance and permit renewal.

[Added 7-21-1993 by Ord. No. 1843]

PERMIT AREA

The area of land and water within the boundaries of the permit which is designated on the permit application maps as approved by the Pennsylvania Department of Environmental Resources. The area includes the areas which are or will be affected by the Municipal waste processing or disposal facility.

[Added 7-21-1993 by Ord. No. 1843]

PERMITTEE and/or LICENSEE

A person in whose name a licensing permit to operate a sexually oriented business has been issued, as well as the individual listed on the application for a licensing permit.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

PERSON

An individual, proprietorship, partnership, corporation, association, or other legal entity.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

PERSONAL CARE HOME

A residential premises for ambulatory, elderly persons in which food, shelter and personal assistance or supervision is provided for a period exceeding 24 consecutive hours for more than three persons who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing home or intermediate care facility as defined in current state licensure requirements.

[Added 6-9-1987 by Ord. No. 1571]

PERSONAL SERVICES

A commercial establishment providing such personal services as hair dressing and cutting, clothes cleaning, laundering, shoe repair, tailor shops and the like.

PHOTOVOLTAIC (PV)

A semiconductor-based device that converts light directly into electricity.

[Added 1-8-2013 by Ord. No. 2571]

PLANNED DEVELOPMENT

A planned group unit or planned residential development as defined and regulated herein.

PLANNED GROUP UNIT

A zoning lot on which there is development of more than one principal structure and built in accordance with a unified site development plan which may provide for industrial, recreation and open space and/or commercial uses and which is reviewed and approved in accordance with the provisions of this chapter.

PLANNED RESIDENTIAL DEVELOPMENT

At least five acres of land, controlled by one landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of buildings, density, lot coverage and required open space to the regulations established in any one residential district of this chapter.

PLANNING AGENCY

The Planning Agency of the Municipality of Monroeville, Allegheny County, Pennsylvania.

POSTCLOSURE

Activities after closure which are necessary to ensure compliance with the Solid Waste Management Act[8] and Pennsylvania Department of Environmental Resources regulations, including application of final cover; grading; revegetation; groundwater, surface water and gas monitoring; erosion control and gas control; leachate treatment; and abatement of pollution or degradation to land, water, air or other natural resources.

[Added 7-21-1993 by Ord. No. 1843]

PRINCIPAL ARTERIAL HIGHWAY

A functional classification, established by the American Association of State Highway and Transportation Officials (AASHTO), for the grouping or categorizing of roadways according to the character of service they provide as part of an overall highway system. Principal arterial highways have high traffic volumes, carry the majority of trips between regional activity centers and communities and provide some access to property, and include the following roadways: Broadway Boulevard/Route 130; Golden Mile Highway/Route 286; Mosside Boulevard/Route 48; and William Penn Highway/Route 22.

[Added 7-21-1993 by Ord. No. 1843; amended 3-12-2002 by Ord. No. 2220]

PUBLIC BUILDING

A structure owned or leased and operated by a governmental agency.

PUBLIC USE

A lot, building, structure or any combination thereof owned and exclusively occupied by a federal, state or local governmental agency.

[Added 5-12-1998 by Ord. No. 2081]

REAR YARD DEPTH

The prescribed minimum open space extending across the entire width of the lot between the back line of the building or accessory structure and the rear lot line.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and, not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

[Added 7-9-1996 by Ord. No. 1988]

RECREATION CLUB

A noncommercial facility operated by and for its members and providing recreational facilities for the use of members and their guests.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for, the operation of a commercial communication tower or commercial communication antenna. By way of illustration, not limitation, related equipment includes generators and base stations.

[Added 12-8-2015 by Ord. No. 2635]

RESEARCH LABORATORY

A facility for applied research conducted within an enclosed structure where no goods are produced in quantity.

RESIDUAL WASTE

Garbage, refuse, other discarded materials or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment or air pollution control facility, if it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51 to 30.101). The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001).

[Added 7-21-1993 by Ord. No. 1843]

RETAIL SALES

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

[Added 6-9-2009 by Ord. No. 2455]

SCREENING

A fence, evergreen hedge or wall at least six feet high, provided in such a way that it will block a line of sight. The "screening" may consist either of one or several rows of bush or trees or of a constructed fence or wall.

SEAT

A fixed seat in a theater, auditorium or meeting room or 24 linear inches of an installed bench or pew or, in the absence of these, six square feet of floor space in the seating area.

SECURITY ILLUMINATION

Level of illumination in prescribed areas of 0.5 footcandles.

SEMINUDE

A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

SEXUAL ENCOUNTER CENTER

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

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

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

SEXUALLY ORIENTED BUSINESS

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

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center or any combination thereof.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

SHOPPING CENTER

A group of commercial establishments which is planned, developed, owned and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.

SIDE YARD WIDTH

The prescribed minimum open space extending from the side of any building or accessory structure to the side lot line throughout the entire depth of the yard. Any lot line not a rear line or a front line shall be deemed as a side line.

SIGN

Any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view or any structure (including billboards, poster panels or other graphic displays) designed to carry the above visual information.

SIGN FACE

The entire area on which graphic or written material or information is placed for viewing in a single direction.

[Added 8-13-1994 by Ord. No. 1764]

SINGLE-FAMILY RESIDENTIAL

A detached building having accommodations for and occupied by not more than one family.

[Added 6-9-2009 by Ord. No. 2455]

SITE

The area where Municipal waste processing or disposal facilities are operated. If the operator has a permit to conduct the activities and is operating within the boundaries of the permit, the "site" is equivalent to the permit area.

[Added 7-21-1993 by Ord. No. 1843]

SOLAR-BASED ARCHITECTURAL ELEMENT

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.

[Added 1-8-2013 by Ord. No. 2571]

SOLAR PHOTOVOLTAIC (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.

[Added 1-8-2013 by Ord. No. 2571]

SOLAR PHOTOVOLTAIC (PV) SYSTEM

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.

[Added 1-8-2013 by Ord. No. 2571]

SOLID WASTE

Waste, including but not limited to Municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.

[Added 7-21-1993 by Ord. No. 1843]

SPECIFIED ANATOMICAL AREAS

The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

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

Masturbation, actual or simulated; or

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3) above.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

[Added 12-8-2015 by Ord. No. 2635]

STORY

That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

STREET

A right-of-way intended primarily for vehicular traffic and usually providing for utilities and pedestrian travel. A "street" may be designated by other appropriate names, such as highway, thoroughfare, boulevard, parkway, road, avenue, drive, lane or place.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, in addition to buildings, billboards, carports, porches and other building features, but not including sidewalks, drives, fences and patios.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other division of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 50% or more of the market value of the structure before the damage occurred.

[Added 7-9-1996 by Ord. No. 1988]

The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date of enactment of this amendment.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start or construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

[Added 7-9-1996 by Ord. No. 1988]

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

Any alterations of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

A modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria:

[Added 12-8-2015 by Ord. No. 2635]

For communications tower outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for communications towers in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;

For communications tower outside the public rights-of-way, it protrudes from the edge of the WCF by more than 20 feet, or more than the width of the tower structures are the level off the appurtenance, whichever is greater; for those communications tower in the public rights-of-way, it protrudes from the edge of the structure by more than six feet;

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS

It entails any excavation of deployment outside the current site of the communications tower; or

(5)

It does not comply with conditions associated with prior approval of construction or modification of the communications tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.

SWIMMING POOL

A container of water used for swimming or bathing purposes of any depth or size if wholly or partially sunk beneath adjacent ground level. If erected above ground, the same shall be covered under the terms of this chapter only if it has at least one dimension greater than 15 feet or is more than 36 inches in depth. As herein defined, the term "swimming pool" shall be deemed to be a structure.

TANDEM

A group of two or more arranged one behind the other or used or acting in conjunction.

[Added 3-12-2002 by Ord. No. 2220]

THEATER

A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances.

[Added 8-10-1999 by Ord. No. 2118]

TOPOGRAPHIC RELIEF

The vertical distance between the highest natural point on the proposed disposal area and the lowest natural point on the proposed disposal area (e.g., the difference in elevation of the highest natural point and the lowest natural point). A percentage of this difference is added to the highest natural point to establish the highest man-made elevation of the proposed disposal area at closure. As detailed in § 359-33BB(13) of this chapter, the maximum allowable additional topographic relief shall not exceed 100 feet.

[Added 7-21-1993 by Ord. No. 1843]

TOWNHOUSE

A row of three or more attached one-family dwellings, separated by vertical party or lot line walls, and each having private entrances.

[Amended 6-9-2009 by Ord. No. 2455]

TRACKING SYSTEM

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.

[Added 1-8-2013 by Ord. No. 2571]

Includes any of the following:

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

The sale, lease or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

TWO-FAMILY HOUSE

A detached structure having accommodations for and occupied by not more than two families.

UNREGULATED YARD AREA

Area not within a building and not in a defined setback or yard area.

[Added 1-8-2013 by Ord. No. 2571]

USE

The purpose for which land or a building is arranged, designed or intended or for which land or a building is or may be occupied or maintained.

VARIANCE

An authorization to vary slightly from the strict interpretation of the standards of this chapter which may be granted by the Zoning Hearing Board in accordance with law.

VEHICLE SALES AREA

The sale or leasing of automobiles, mobile homes, trucks, recreational vehicles or farm equipment on a predominantly open lot where no repair work except that which is minor and incidental to the sale of vehicles is performed.

VEHICLE SALES ROOM

The sale or leasing of automobiles, mobile homes, trucks, recreational vehicles or farm equipment within an enclosed structure which may also include the servicing and maintenance of such vehicles when conducted within a fully enclosed structure.

VETERINARY CLINIC

A facility where animals are treated by a licensed veterinarian but are not boarded.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.)

[Added 12-8-2015 by Ord. No. 2635]

WELL

A bore hole drilled or being drilled for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such. The term "well" does not include a bore hole drilled or being drilled for the purpose of or to be used for systems of monitoring, producing or extracting gas from solid waste disposal facilities, as long as the wells are subject to the Act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act,"[9] and do not penetrate a workable coal seam. The term also does not include a bore hole drilled or being drilled for the purpose of or to be used for degasifying coal seams if the following conditions are satisfied:

[Added 10-14-2008 by Ord. No. 2430; amended 12-9-2008 by Ord. No. 2437]

The bore hole is used to vent methane to the outside atmosphere from an operating coal mine; and

The bore hole is regulated as part of the mining permit pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law,"[10] and the Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[11] and

The bore hole is drilled by the operator of the operating coal mine for the purpose of increased safety; or