For the purpose of this chapter, certain terms and words shall be interpreted or defined as follows:
Words used in the present tense shall include the future.
Words used in the singular shall include the plural and the plural shall include the singular.
The word "person" includes a corporation as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" is always mandatory.
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
The word "building" includes the word "structure."
The word "erected" shall include the word "constructed."
The word "moved" shall include the word "relocated."
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
- ACCESSORY BUILDING OR STRUCTURE
- Accessory buildings shall include, but not be limited to, the following, which are subordinate to the principal buildings on the same lot:
- A. In all residential zones, including Planned Residential Developments, unless prohibited by declaration of covenants:[Amended 5-4-2016 by Ord. No. 675]
- (1) Children's playhouse, picnic shelter, greenhouse (noncommercial), garage, carport, garden house or storage building for domestic storage.
- (2) Swimming pool, ornamental pool, tennis court, basketball court or similar private recreational facility.
- (3) Storage of camping, sports and similar equipment, owned or leased for noncommercial purposes, for the use of the residents of the premises.
- (4) Home gardening.
- ACCESSORY USE
- A use that is subordinate and incidental to the main use or uses on the same lot or premises. Said uses shall not include nonconforming uses under the terms of this chapter.
- ADULT BOOKSTORE
- Any commercial establishment in which is offered for sale
as a substantial or significant portion of its stock-in-trade videocassettes,
movies, books, magazines or other periodicals or other media which
are distinguished or characterized by their emphasis on nudity or
sexual conduct or on activities which, if presented in live presentation,
would constitute adult entertainment.[Added 3-22-1996 by Ord. No. 312]
- ADULT BUSINESS
- An adult bookstore, movie theater or movie house or other
adult entertainment, as defined herein. In the event that an activity
or business which might fall under a use category other than adult
business is combined with and/or includes activities which constitute
an adult bookstore, adult movie theater or movie house or adult entertainment,
as defined herein, then such activity or business shall constitute
an adult business and shall be governed by those provisions in this
chapter applicable to adult business uses and not by provisions applicable
to any other use category.[Added 3-22-1996 by Ord. No. 312]
- ADULT ENTERTAINMENT
- An establishment providing, either as a sole use or in conjunction
with or in addition to other uses, entertainment consisting of the
use of nudity or of live dancing, posing, displaying, acting or other
live presentation or use of persons whose actions are distinguished
or characterized by emphasis on use of the human body in a manner
intended to or resulting in arousal of sexual excitation or sexual
titillation or a prurient interest or intended to or resulting in
producing lustful emotions.[Added 3-22-1996 by Ord. No. 312]
- ADULT MOVIE THEATER OR MOVIE HOUSE (including ADULT MINI-THEATERS)
- Any movie theater which on a regular continuing basis shows
films rated X by the Motion Picture Coding Association of America
or any movie theater which presents for public viewing on a regular,
continuing basis so-called adult films depicting sexual conduct, as
defined by this chapter.[Added 3-22-1996 by Ord. No. 312]
- Any use of a unit of land of five acres or more together
with attendant structures for farming, dairying, pasturage, horticulture,
floriculture, arboriculture or animal husbandry. Accessory activities
and structures permitted in conjunction with an agricultural use may
include barns, stables, corn cribs, silos and other similar uses or
structures that are clearly related to an agricultural operation.[Amended 1-20-2016 by Ord. No. 667]
- AGRICULTURAL SECURITY AREA
- A unit of 500 or more acres of land used for agricultural production, under the ownership of one or more persons, created by a municipality in cooperation with local agricultural landowners under Pennsylvania Act 43 of 1981, to guarantee that farm businesses will be recognized as the primary activity on designated properties for the purpose of encouraging the continuity, development and viability of farming.
- The practice of visiting an agribusiness, horticultural,
or agricultural operation, including, but not limited to, a farm,
orchard, winery, greenhouse, hunting preserve, a companion animal
or livestock show, for the purpose of recreation, education, or active
involvement in the operation, other than as a contractor or employee
of the operation.[Added 2-15-2017 by Ord. No. 682]
- A tract of leveled land opened to the public where an aircraft
can take off and land, usually equipped with hard-surfaced landing
strips, a control tower, hangars, aircraft maintenance and refueling
facilities, and accommodations for passengers and cargo.[Added 6-2-2010 by Ord. No. 601]
- AIRPORT-RELATED SERVICE
- Uses which provide direct services to the traveling public
and are located on the premises of an airport facility, including
but not limited to retail stores, professional and business offices,
hotels, eating and drinking establishments, business services and
personal services.[Added 6-2-2010 by Ord. No. 601]
- A service way at least 20 feet wide, providing a secondary public means of access to abutting properties.
- ALTERATION or ADDITION (structural or use change)
- Any change in the supporting members of a building such as bearing walls, columns, beams, girders or foundations or by extending on a side, front or rear or by increasing in height or the moving from one location to another or any change in use from a conforming zoning district classification.
- AMBULANCE SERVICE
- Any entity within the definition of "ambulance service" as
used in the Pennsylvania Emergency Medical Services Act.[Added 9-2-1998 by Ord. No. 387]
- AMBULANCE STATION
- Any building owned or leased by either a hospital or an ambulance
service licensed by the Commonwealth of Pennsylvania and used primarily
to provide emergency medical services.[Added 9-2-1998 by Ord. No. 387]
- AMBULANCE SUBSTATION
- An ambulance station which meets the following criteria:
no longer than 2,000 square feet; houses no more than the two vehicles;
staffed by no more than two employees; and less than 25 miles from
the building which houses the main office of the hospital or ambulance
service which operates the substation.[Added 9-2-1998 by Ord. No. 387]
- Depicting action, motion, light or color changes through
electrical or mechanical means.[Added 4-2-2014 by Ord. No. 644]
- A room or suite of rooms in a multifamily structure, which is designed for use as a single housekeeping unit and which contains a functional kitchen, bath and toilet facilities, permanently installed.
- Area of a lot or site shall be calculated from dimensions derived by horizontal projection of the site.
- AREA, BUILDING
- The total of areas taken on a horizontal plane at the main grade level of the principal building exclusive of uncovered porches, terraces, steps, garages and other accessory buildings.
- AUTOMOBILE SERVICE STATION
- Any premises used for the retail sale of motor fuel and lubricants and incidental services such as lubrication and the sale, installation or minor repair of tires, batteries or other automobile accessories, but not including major repair work, such as motor replacement, body fender repair or spray painting.
- AUTOMOTIVE REPAIR
- Engine maintenance, repair or reconditioning, collision repair, including straightening and repainting, replacement of parts and incidental services.
- AUTOMOTIVE SALVAGE
- The dismantling or disassembling of two or more used motor vehicles or trailers or the storage, sale or dumping of two or more dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
- An institution for lending, borrowing, exchanging, issuing
and safeguarding money in an office or building.[Added 6-2-2010 by Ord. No. 601]
- BASEMENT or CELLAR
- A portion of a building partly or completely below grade. It shall be considered a building story if more than 50% of its clear height is above the average level of the adjoining ground.
- Structure, building wall or other outdoor surface used to display lettered, pictorial, sculptured or other matter which directs attention to any product, announcement, commodity or service offered only elsewhere than on the premises.
- BUFFER AREA
- A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other landscaping material and within which
no structure is permitted except a wall or fence. The purpose of a
buffer is to place additional horizontal space between potentially
conflicting land uses.[Amended 6-2-2010 by Ord. No. 601]
- An independent and detached structure having a roof supported by columns or walls or resting on its own foundation, including but not limited to mobile homes, garages, greenhouses and other accessory buildings, and utilized for housing, shelter or enclosure of persons, animals, chattels or activity sites.
- BUILDING HEIGHT
- The vertical distance measured from the average elevation of the finish grade to the highest point of the roof.
- BUILDING LINE
- An imaginary line located a fixed distance from the front line of the lot and interpreted as being the nearest point that a building may be constructed to the front lot line. The building line shall limit the location of porches, patios and similar construction, steps excepted, to the face of this line. (Refer to "front yard.")
- BUILDING, PRINCIPAL
- The building or portion thereof housing the main or primary use of the land.
- BUSINESS SERVICE
- Any business activity which renders service to other commercial or industrial enterprises.
- CAMPING AND RECREATIONAL EQUIPMENT
- Any licensed or unlicensed trailer or other vehicle designed or used for temporary living or sleeping purposes, regardless of whether the wheels are attached or unattached or a permanent or semipermanent foundation is constructed underneath, or any structure of a permanent or semipermanent nature which is not connected to utilities. "Camping and recreational equipment" shall include travel trailers, pickup coaches, motorized home and boat trailers and shall be defined as follows:
- CAR WASH
- An area of land and/or a structure with machine- or hand-operated
facilities used principally for the interior and/or exterior cleaning,
washing, polishing or waxing of motor vehicles.[Added 6-2-2010 by Ord. No. 601]
- A member of the subspecies Gallus domestics, a domesticated
fowl. This shall not include a rooster or any species of turkey, duck,
guinea fowl, goose or other fowl.[Added 1-20-2016 by Ord. No. 667]
- CHICKEN COOP
- A structure for sheltering chickens, including four opaque
walls and a roof with ventilation through windows or other protected
openings.[Added 1-20-2016 by Ord. No. 667]
- CHICKEN RUN/PEN
- A fenced area for chickens.[Added 1-20-2016 by Ord. No. 667]
- An institution of any religious denomination where people
regularly observe, practice or participate in religious or spiritual
services, meetings or activities.[Added 6-2-2010 by Ord. No. 601]
- Any establishment where human patients or animals are examined and treated by doctors or dentists but not hospitalized overnight.
- An establishment operated for social, athletic, recreational or educational purposes but open only to members and not the general public.
- COMMERCIAL (Business)
- Engaging in a business, enterprise, activity or other undertaking related to or connected with trade or commerce in general (excludes home occupation).
- COMMERCIAL COMMUNICATIONS ANTENNA
- Any communications antenna owned or operated by any person
or entity other than any agency or authority of the Township or the
Commonwealth of Pennsylvania or any police, fire, emergency medical
or emergency management agency.[Added 5-7-1997 by Ord. No. 341]
- COMMERCIAL COMMUNICATIONS TOWER
- Any communications tower used to support commercial communications
antennas.[Added 5-7-1991 by Ord. No. 341]
- COMMERCIAL PARKING LOT
- A parking lot and/or garage used only for the parking of
vehicles where a fee is charged to park, or the property is leased
for parking, but it shall not include the storage of vehicles for
repair, dismantling, display or sale.[Added 5-4-2005 by Ord. No. 528]
- COMMUNICATIONS ANTENNA
- Any device used for the transmission or reception of radio,
television, cellular telephone, pager, commercial mobile radio service
or any other wireless communications signals, owned or operated by
any person or entity licensed by the Federal Communications Commission
(FCC) to operate such device.[Added 5-7-1991 by Ord. No. 341]
- COMMUNICATIONS EQUIPMENT BUILDING
- An unmanned building containing communications equipment
required for the operation of communications antennas and covering
an area on the ground not greater than 250 square feet.[Added 5-7-1991 by Ord. No. 341]
- COMMUNICATIONS TOWER
- A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.[Added 5-7-1991 by Ord. No. 341]
- CONDITIONAL USE
- A use that is not appropriate to a particular zoning district
as a whole but which may be suitable in certain locations within the
district only when specific conditions and factors prescribed for
such cases within this chapter are present. Conditional uses are to
be permitted or denied by the governing body, following study and
recommendations by the Planning Agency, pursuant to express standards
and criteria set forth in this chapter.[Amended 8-7-2002 by Ord. No. 468; 12-4-2002 by Ord. No. 475]
- A unit in or an arrangement under which a tenant in a multifamily building or in a complex of multiunit dwellings holds full title to his or her unit and joint ownership in the common grounds.
- CONTRACTOR'S YARD
- An area of land and any structure which may or may not include
administrative offices for an industry that provides landscaping,
construction, remodeling, home improvement and related services on
a contractual basis, and stores all or part of the materials, equipment
or vehicles used in the industry on site.[Added 6-2-2010 by Ord. No. 601]
- CONVERSION APARTMENT
- A suite of rooms, consisting of at least one private bedroom, one additional habitable room, one separate and private bathroom and separate and private sanitary cooking facilities, designed or intended for occupancy by one family, which is established in a portion of a building originally used or designed for use by a single-family unit.
- CORRECTIONAL FACILITY
- A publicly or privately owned building or structure and related
facilities used for the housing or detention of persons who have been
charged with or have been convicted of criminal offenses.[Added 4-4-2007 by Ord. No. 562]
- DAY-CARE/FAMILY HOME
- Any family residence other than a child's own home or the home of a child's relative, operated for profit or not for profit, in which child day care is provided at any one time to four, five or six school-age children (the day the child initially enters the first grade of a public or private school system to 12 years of age), preschoolers (approximately three years of age to initial school entry at the first grade level of a public or private school system) or to infants and toddlers (from birth to approximately three years of age) who are not relatives of the caregiver.
- DAY-CARE CENTER
- A facility in which child day-care services are provided for seven or more school-age, preschool or infant children in an institutional related structure suitable for such functions.
- DEEP MINE
- An underground mine in which the main entry or access is
by means of a vertical shaft. Uses may include coal-mining portals,
tipples, cleaning plants, conveyor systems, shops, structures and
accessory facilities normally associated with deep mining operations.[Added 6-2-2010 by Ord. No. 601]
- The area of a lot or group of lots computed exclusive of any portion of the right-of-way of any road, divided by the number of families housed on the lot or group of lots.
- Any portable framework, tower, mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil and gas, i.e. rig.[Added 6-1-2011 by Ord. No. 617]
- DISTRICT, ZONING
- A section of the municipality for which uniform regulations site governing the use, height, area and intent of use of buildings and land and open spaces about buildings are herein established.
- Specifically any digging or boring of a new well to explore,
develop, or produce oil, gas or other hydrocarbons, or to inject gas,
water or any other fluid of substance into the earth and in all cases
any redialing therein. This term shall not include any surveying or
staking related thereto of any property prior to any drilling as defined
herein.[Added 6-1-2011 by Ord. No. 617]
- DRILLING EQUIPMENT
- The derrick, all parts and appurtenances to such structure,
and every piece of apparatus, machinery, or equipment used, erected,
or maintained for use in connection with drilling.[Added 6-1-2011 by Ord. No. 617]
- A private accessway to a parking area, garage or structure, including accessways to land use activity areas.
- A lot or land or part thereof used primarily for the disposal, abandonment, dumping, burial or burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind (excludes private or public sewage disposal and permitted sanitary landfills).
- A building or portion thereof providing complete housekeeping facilities for one family unit.
- EATING AND DRINKING ESTABLISHMENT
- An establishment where the public may obtain refreshments,
meals or prepared foods.[Added 6-2-2010 by Ord. No. 601]
- EDUCATIONAL INSTITUTION, COMMERCIAL
- A school, which charges students tuition to learn a trade
or skill for professional or recreational use. This does not include
a college or university; it includes institutions which may require
specialized equipment.[Added 4-2-2003 by Ord. No. 483]
- EDUCATIONAL INSTITUTION, NONCOMMERCIAL
- A school, including a public school, parochial school, private
school, college, university and a private nursery school or preschool,
having regular sessions with regularly employed instructors, which
teach those subjects that are fundamental and essential in elementary,
secondary or higher education under the supervision of the Commonwealth
of Pennsylvania or a lawful constituted ecclesiastical governing body
or a corporation meeting the requirements of the commonwealth.[Added 4-2-2003 by Ord. No. 483]
- EQUIPMENT REPAIR, MINOR
- Incidental repairs, replacement of parts and servicing of small appliances and minor household equipment such as motors, lawn equipment and chain saws; shall not include automotive repairs, farm equipment or repair or servicing of commercial products and machinery.
- Includes built, constructed, reconstructed, moved upon or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the erection.
- ESSENTIAL COMMUNICATIONS ANTENNA
- Any communications antenna owned or operated exclusively
by any agency or authority of the Township or the Commonwealth of
Pennsylvania or any police, fire, emergency medical or emergency management
agency or any public utility whose rates are regulated by the Pennsylvania
Public Utility Commission.[Added 5-7-1997 by Ord. No. 341]
- ESSENTIAL COMMUNICATIONS TOWER
- Any communications tower used exclusively to support essential
communications antennas.[Added 5-7-1997 by Ord. No. 341]
- ESSENTIAL SERVICES
- 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 or distribution
systems, collection, communication, supply or disposal systems and
their essential buildings, excluding essential communications towers,
essential communications antennas, commercial communications towers
and commercial communications antennas, as defined herein.[Added 5-7-1997 by Ord. No. 341]
- Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, disturbed or filled, and any conditions resulting therefrom.[Amended 9-7-2005 by Ord. No. 531]
- One or more persons who live together in a single housekeeping unit and maintain a common household, as distinguished from a group occupying a boardinghouse. A family may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. For purposes of this chapter, the term "family" shall not include, nor shall it be interpreted to include, a group care facility or similar functions or activities that provide room or board or room and board to one or more persons who are residents by virtue of receiving services such as health, social, rehabilitative, general supervision or similar services or functions or activities, irrespective of whether or not they are provided by governmental agencies, their licensed or certified agents, responsible nonprofit social service agencies or corporations, profit-oriented organizations or businesses or private individuals.
- FIRE STATION
- A building where firefighters are stationed and their vehicles
and equipment are kept.[Added 6-2-2010 by Ord. No. 601]
- FLOOR AREA
- The sum of the gross horizontal areas of the several floors of a building determined by dimensions measured between exterior faces of walls as in a single-family dwelling or by dimensions measured between common interior separating walls as in duplex, apartments and townhouses (excludes cellar or basement floor areas, roofed porches, roofed terraces and accessory building attached or otherwise).
- A common unit of light intensity used in the United States
and stated in lumens per square foot. It is measurable with a light
meter. (Note: Lux is the metric equivalent. There are approximately
10.7 lux per footcandle.)[Added 4-7-2004 by Ord. No. 508]
- FULL CUTOFF LUMINAIRE
- A lighting unit in its mounted form that allows no direct
light or reflected source image from the lighting unit above a ninety-degree
plane, and no more than 10% of rated lamp output on an eighty-degree
plane, at any lateral angle around the fixture.[Added 4-7-2004 by Ord. No. 508]
- FULLY SHIELDED
- Providing internal and/or external shield and louvers to
prevent brightness from lamps, reflectors and lenses from causing
glare at normal viewing angles.[Added 4-7-2004 by Ord. No. 508]
- FUNERAL HOME
- A structure used for the embalming of the deceased and for
the viewing of the deceased prior to burial.[Added 6-2-2010 by Ord. No. 601]
- A private garage is an accessory building with area for housing motor driven vehicles, the property of and for the use of the occupants of the lot on which the garage is located. A public garage is any garage other than a private garage, as defined herein, available to clients, operated for gain and which is used for storage, repair, rental, lubricating, washing and servicing or equipping of motor vehicles.
- GARDEN (APARTMENT) DWELLING
- A multifamily residential building, not exceeding three stories in height, in which units are arranged side to side, back to back or one above another, which may have either private external entrances or common hall access and which may have private exterior yard area for each unit.
- GARDEN CENTER/COMMERCIAL GREENHOUSE
- A retail commercial sales establishment for the sale of plants, garden supplies and related items. For purposes of this chapter, said establishments shall not include the sale or service of machinery, tractors or mowing equipment in excess of 20 horsepower.
- The sensation produced by direct lighting that causes an
annoyance, discomfort or loss in visual performance and visibility
to the eye.[Added 4-7-2004 by Ord. No. 508]
- GOVERNING BODY
- The Board of Township Commissioners of the Township of Rostraver, Westmoreland County, PA.
- GOVERNMENTAL AUTHORITIES
- Any federal, state or local agency.
- GROUP RESIDENTIAL FACILITY
- An establishment that provides room and board in a family
environment to persons who receive supervised care limited to health,
social, rehabilitative or housing services. Such facilities may include
child and adult services for individuals not in need of hospitalization
or incarceration, but who because of age, convalescence, infirmity,
disability or related circumstances require such care. Group residential
facilities may be characterized as rest homes, nursing homes, personal
care homes or similarly described uses; however, the scope of all
operations shall be of a limited nature as specified in this chapter.[Amended 6-2-2010 by Ord. No. 601]
- HALFWAY HOUSE
- A transitional residential facility, licensed and operated
by a government, contractor to a government or a social service agency
that provides a supervised environment to temporary residents who
require psychiatric, correctional or behavioral treatment between
periods of institutional and independent living.[Added 6-2-2010 by Ord. No. 601]
- HEIGHT OF A COMMUNICATIONS TOWER
- The vertical distance measured from the ground level to the
highest point on a communications tower, including all antennas mounted
on the tower.[Added 5-7-1997 by Ord. No. 341]
- HOME GARDENING
- The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling for use of the residents therein.
- HOME OCCUPATION
- An accessory use of a service or product oriented character, conducted in conjunction with a single-family dwelling unit by the residents thereof, which is clearly subordinate to the use of the dwelling for living purposes and does not change the character thereof or have exterior evidence of such subordinate use other than a small announcement sign; and in connection therewith, there is not involved the exterior keeping of or exhibition of stock-in-trade. In the pursuit of such activities, all operations shall be conducted indoors and be free of any procedures which could be construed as adversely influencing surrounding residential uses because of noise, vibration, smoke, electrical interference, odor or similar conditions.
- An institution providing primary health services and medical
or surgical care to persons, who are primarily inpatients, who suffer
from illness disease, injury, deformity and other abnormal physical
and medical conditions. Hospitals may include accessory uses such
as laboratories, training, medical offices, outpatient care and group
residential facilities. A hospital may also include psychological
care, but facilities primarily for the secure housing of persons who
are adjudicated to be a danger to themselves or others shall be regarded
as correctional facilities by this chapter.[Amended 6-2-2010 by Ord. No. 601]
- HOTEL; MOTEL; TOURIST HOME
- A building or a group of buildings in which lodging is provided and offered to the general public or to a select group of patrons for compensation.
- The intensity of incident light at a point, measured in footcandles
or lux.[Added 4-7-2004 by Ord. No. 508]
- Any man-made change to improved or unimproved land, including
by not limited to the construction, reconstruction, renovation, expansion
or alteration of buildings or other structures; paving for streets,
pads and parking of five or more stalls; mining; dredging; and the
subdivision of land.[Added 5-4-2005 by Ord. No. 528]
- Any discarded material or article and shall include, but not be limited to, scrap metal, abandoned or junked motor vehicles or vehicle parts, machinery or machinery parts, papers, glass and related items, containers or partially dismantled structures or parts thereof. It shall also include a partially dismantled motor vehicle not bearing current registration plates and which is not in the process of ongoing and immediate repair. It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.
- The use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of any lot that joins the street for storage, keeping or abandonment of junk, including scrap metals, or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof.
- JUVENILE DETENTION FACILITY
- A publicly or privately owned building or structure for the
temporary detention of those juveniles adjudicated delinquent or dependent.[Added 4-4-2007 by Ord. No. 562]
- Any structure, pen or area set aside for the breeding, boarding,
training, show or keeping of dogs, cats or similar domestic animals
of four or more such animals for economic gain.[Amended 5-4-2005 by Ord. No. 528]
- The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); a lessee if he is authorized under the lease to exercise the rights of the landowner; or other persons having a proprietary interest in land.
- LIGHT TRESPASS
- Light emitted by a lighting installation which shines beyond
the boundaries of the property on which the installation is sited.[Added 4-7-2004 by Ord. No. 508]
- LOADING SPACE
- A space within the main building or on the same lot therewith providing for the standing, loading or unloading of vehicles.
- A tract or parcel of land held in single or separate ownership, that is described by reference to a recorded plat or by metes or bounds and is intended as a unit for transfer of ownership, use, improvement, dedication or for development.
- LOT AREA
- The horizontal surface area within the lines of the lot.
- LOT, CORNER
- A lot, abutting two or more streets at their intersection, on which the building line for all streets must be observed.
- LOT COVERAGE
- The ratio of ground area covered by principal and accessory structures to the total ground area of the lot.
- LOT LINE, FRONT
- The line contiguous with the street right-of-way line.
- LOT LINE, REAR
- The line generally parallel to the front lot line, which defines the rear of the lot.
- LOT LINE, SIDE
- Any lot line which is not a front lot line or a rear lot line.
- LOT WIDTH
- The total horizontal distance across the lot between the
side lot lines, measured at the building line and the front lot line.[Amended 7-2-2003 by Ord. No. 495]
- A unit of measurement of light. One lumen is equal to one
footcandle falling onto one square foot of area.[Added 4-7-2004 by Ord. No. 508]
- A complete luminaire, including a lamp or lamps, together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power supply.[Added 4-7-2004 by Ord. No. 508]
- MAJOR HIGHWAY
- Interstate 70, State Route 51 and State Route 201.[Added 9-2-1998 by Ord. No. 387]
- MANUFACTURING, HEAVY
- A use engaged in manufacturing, assembly, fabrication, packaging
or other industrial processing of products primarily from extracted
or raw materials or the bulk storage and handling of such products
and materials, or a use having the potential to produce noise, dust,
glare, odors, vibration, smoke or other noxious emissions beyond its
lot lines.[Added 4-1-2015 by Ord. No. 654]
- MANUFACTURING, LIGHT
- The processing, handling or fabrication of materials and products where no processes are involved which will produce noise, vibration, air pollution, fire hazard, noxious emission, high traffic volumes or other factors which will disturb or endanger neighboring properties.
- METHADONE TREATMENT FACILITY
- A facility owned and operated by a private for-profit entity,
a private nonprofit entity or Westmoreland County where the drug methadone
or similar substances are prescribed and administered for the treatment,
maintenance or detoxification of persons.[Added 7-5-2006 by Ord. No. 549]
- MINE VENTILATING SHAFT
- A mining adjunct operation consisting of a structure and appurtenant facilities to permit the introduction and removal of air and other gases from underground coal mines.
- MINI-STORAGE FACILITY
- A building or group of buildings in a controlled-access and
fenced compound that contains various sizes of individualized, compartmentalized
and controlled access stalls and/or lockers leased by the general
public for a specified period of time for the storage of personal
property.[Added 4-1-2015 by Ord. No. 654]
- MIXED COMMERCIAL RESIDENTIAL BUILDING
- A single building that contains a retail business, office,
or personal and professional services on the first floor or lower
floors, and multiple residential dwelling units on the second floor
or above.[Added 2-4-2009 by Ord. No. 584]
- MOBILE HOME
- A transportable single-family dwelling structure designed and intended for permanent occupancy, with a minimum body width of eight feet and a minimum body length of 32 feet, built on a chassis for towing on its own running gear, contained in one unit or in two units designed to be joined into one integral unit capable of later being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and constructed for use without attachment to a permanent foundation other than being secured to appropriate piers, tie-downs or similar approved anchoring devices and structures.
- MOBILE HOME PARK
- Any contiguous parcel or tract of land under single ownership, used or intended to be used for the placement of two or more mobile homes for nontransient use, together with the required improvements and facilities upon the land, whether or not consideration or rental is required for the use of the parcels or facilities thereon.
- MODEL HOME
- A temporary office establishment that engages in the selling
of lots and homes in a developing subdivision.[Added 5-4-2005 by Ord. No. 528]
- MODULAR HOME
- A factory fabricated transportable building unit, other than a mobile home, designed to be used independently or incorporated with similar units into a modular structure on a permanent foundation at a permanent building site.
- MULTIPLE DWELLING
- A structure containing three or more separate dwelling units
for families living independently of each other which may provide
joint services and/or facilities but separate housekeeping, sanitary
and cooking facilities.[Amended 10-7-1998 by Ord. No. 388]
- NATURAL GAS COMPRESSOR STATION
- A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.[Added 6-1-2011 by Ord. No. 617]
- NATURAL GAS FACILITIES
- Any facilities not mentioned herein and related to natural
gas development must comply with the special exception requirements
herein.[Added 6-1-2011 by Ord. No. 617]
- NATURAL GAS PROCESSING PLANT
- A facility designed and constructed to remove materials,
such as ethane, propane, 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 that
are/is designed and constructed primarily to remove water, water vapor,
oil or naturally occurring liquids from natural gas.[Added 6-1-2011 by Ord. No. 617]
- NATURAL WATERCOURSE
- A discernible definite natural course or channel along which
water is conveyed ultimately to streams or rivers at lower elevations.
A natural watercourse may be permanent in nature or may originate
from a temporary source such as runoff from rain or melting snow.[Added 10-7-1998 by Ord. No. 388]
- NEIGHBORHOOD COMMERCIAL
- A neighborhood oriented commercial facility that provides essential everyday needs to the residents of the immediate community and is not dependent upon transient or nonresident trade.
- NET FLOOR AREA
- The area dimensions (generally expressed as square feet)
of all floors of a building measured using interior dimensions, but
not including all spaces used as stairwells, hallways, mechanical
equipment and other areas not intended for human occupancy.[Added 6-2-2010 by Ord. No. 601]
- NO-IMPACT HOME-BASED BUSINESS
- A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
The business shall employ no employees other than family 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. 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 volume 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 30% of the ground
floor area. The business may not involve any illegal activity. The
business shall not be visible from surrounding properties or the adjacent
street.[Added 2-5-2003 by Ord. No. 482]
- NONBUSINESS USES
- Service or charitable activities conducted on a voluntary or nonprofit basis by individuals or public or service groups and organizations.
- NONCONFORMING USE
- A building, structure or premises lawfully occupied at the time of the enactment of this chapter by a use that does not conform with the provisions of this chapter for the district in which it is located; also, such use resulting from amendments to the Zoning District Map or in text provisions made hereafter.
- The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of nipple or the depiction of covered
male genitals in a discernibly turgid state.[Added 3-22-1996 by Ord. No. 312]
- OCCUPANCY PERMIT
- A permit signed by the Zoning Officer setting forth that a building, structure or parcel of land is in compliance with this chapter and may lawfully be occupied or employed for specified uses.
- A facility in which services, clerical work, professional duties and similar functions are carried out.
- OIL and GAS
- Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through, and
below the surface of the earth.[Added 6-1-2011 by Ord. No. 617]
- OIL AND GAS DRILL SITE
- The oil and gas drill site shall consist of the area occupied
by the facilities, structures, and equipment necessary for or incidental
to the drilling, production or operation of an oil or gas well.[Added 6-1-2011 by Ord. No. 617]
- OIL AND GAS WATER STORAGE FACILITY
- Tanks of any construction (metal, fiberglass, concrete, etc.),
ponds and impoundments used for the storage of water and/or water
that has been used and is being reused, including but not limited
to brine and frac water.[Added 6-1-2011 by Ord. No. 617]
- PENNSYLVANIA PLANNING CODE
- Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended by Act 170 of 1988), and amendments of same, as may be adopted from time to time. 
- PERMITTED USE
- A use by right which is specifically authorized in a particular zoning district.
- PERSONAL AND BUSINESS SERVICES
- A commercial establishment providing services and/or goods
to individuals and businesses. This definition includes barber and
beauty shops, light repair services such as clothing alteration and
shoe repair, copy and retail printing services, and similar business
services, but does not include eating and drinking establishments
or similar businesses which are primarily involved in retail sales.[Amended 6-2-2010 by Ord. No. 601]
- PET GROOMING
- Any property, premises, place or commercial establishment
in or at which the trimming of the hair or fur and/or washing of animals
for economic gain.[Added 5-4-2005 by Ord. No. 528]
- PHILANTHROPIC USE
- Philanthropic uses shall be limited to public and semipublic activities which involve and relate exclusively to charitable, benevolent and public oriented service functions, such as provided by the American Red Cross, Salvation Army, social centers sponsored by public or semipublic organizations or similar groups.
- PLANNED BUSINESS PARK
- A land development which is planned, designed, developed,
and typically maintained as a single entity and containing two or
more principal structures with appurtenant common areas to accommodate
light manufacturing, warehouse, and office uses, with potential for
retail, residential and service businesses incidental to the predominant
office or industrial uses.[Added 2-4-2009 by Ord. No. 584]
- PLANNED (UNIT) RESIDENTIAL DEVELOPMENT
- Development of a tract of land for primarily residential purposes under single ownership or control; the development of which is unique and of a substantially different character than that of the surrounding area. Such development shall be based on a plan that allows for flexibility of design not available under standard zoning district requirements.
- PLANNING AGENCY
- The Rostraver Township Planning Agency as duly created by
the local governing body.[Amended 8-7-2002 by Ord. No. 468]
- PRINCIPAL USE
- The major or dominant use of a lot or land parcel.
- PRIVATE CLUB/LODGE
- An organization catering exclusively to members and their guests at premises for social, recreational or athletic purposes which are not conducted primarily for gain, provided that any merchandising or commercial activities are conducted only as required generally for the membership of such organization.
- PROFESSIONAL OFFICE
- An office or business conducted by an individual or association dealing with medicine, law, accounting, real estate, architecture, engineering, finance or related services.
- Includes any use activity owned and/or operated by federal, state, county or local governmental units.
- PUBLIC FACILITY
- Any building, structure or land used or intended for use
to service the public for government services, including municipal,
county, state and federal government units. This does not include
a correctional facility, an educational institution, group residential
facility, hospital, juvenile detention facility, methadone treatment
facility, halfway house or any other such facility.[Added 6-2-2010 by Ord. No. 601]
- PUBLIC UTILITY TRANSMISSION TOWER
- A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.[Added 5-7-1997 by Ord. No. 341]
- RESEARCH AND TESTING LABS
- Any establishment which carries on investigations in the
natural, physical or social sciences, or engineering and development
as an extension of such investigations by persons with professional
training, with the objective of creating end products and which may
include, as an accessory use, pilot production to test concepts and
ideas prior to the undertaking of full-scale production.[Added 6-2-2010 by Ord. No. 601]
- RETAIL BUSINESS
- An establishment located entirely within an enclosed building
which engages in the selling of goods or merchandise to the general
public but does not include wholesaling, supply yards or light industrial
businesses.[Added 6-2-2010 by Ord. No. 601]
- Land reserved for use as a street, alley, interior walk or other public purpose and dedicated for public use; all must be recorded in the County Recorder of Deeds office. For purposes of this chapter, public right-of-way lines shall prevail over private parcel lines that are designated as falling within the public right-of-way. When a lot abuts a right-of-way of a public thoroughfare or alley, all applicable lot area and front, side and rear lot requirements shall be computed from the public right-of-way line.
- ROADSIDE STANDS
- Stands offering for sale agricultural products grown on the premises.
- ROADSIDE VENDOR STANDS
- Stands, trailers, truck beds or similar facilities offering products for sale which are not produced on the immediate premises.
- ROW HOUSE (TOWNHOUSE)
- A multifamily dwelling structure, consisting of at least three single-family dwelling units that are attached side by side by unpierced party walls.
- SANITARY LANDFILL
- A disposal site employing an engineering method of disposing
of solid wastes in a manner that minimizes environmental hazards by
spreading, compacting to the smallest volume and applying a cover
material over all solid wastes, subject to permitting by the Pennsylvania
Department of Environmental Protection's Waste Management.[Added 6-2-2010 by Ord. No. 601]
- SCREEN PLANTING
- An arrangement of vegetative material or opaque architectural
materials of sufficient height and density to conceal from view of
adjoining or adjacent property owners the structures and uses on the
premises on which the screen or planting is located. The purpose of
screening is to place a vertical visual barrier between potentially
conflicting land uses.[Amended 6-2-2010 by Ord. No. 601]
- SERVICE (FILLING) STATION
- A building, buildings, premises or portions thereof which are used for the sale of gasoline or other fuel for motor vehicles, as well as minor automobile repair and servicing.
- The minimum distance that a structure can be located from a right-of-way or property line or another structure, thereby creating a required open space on a lot.
- SEXUAL CONDUCT
- Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person is female, breast.[Added 3-22-1996 by Ord. No. 312]
- SHOPPING CENTER
- A combination of retail commercial uses on a common contiguous site, designed as a unit, with adequate off-street free parking area and usually consisting of several one story buildings.
- Any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol, trademark, banner or pennant); or any other figure of similar character which is a structure or any part thereof or is attached to, painted on or in any other manner represented on a building or other structure and is used to announce, direct attention to or advertise.
- SIGN, ELECTRONIC VARIABLE MESSAGE
- An electrically activated sign whose message content is alphabetical
or numerical only, and either whole or in part, may change by means
of electronic programming.[Added 12-4-2002 by Ord. No. 475]
- SIGN, MULTIPLE SLATS/PANELS
- A sign whose message changes by means of flipping of slats
or panels encased in a stationary frame or cabinet. This does not
include a sign whose message is changed in a revolving or oscillating
manner.[Added 12-4-2002 by Ord. No. 475]
- SIGN, PORTABLE
- Any sign not permanently attached to the ground or to a structure,
or a sign designed to be transported, including but not limited to
signs designed to be transported by means of wheels; signs converted
to "A" or "T" frames; sandwich board signs; and balloons and banners
used for advertising.[Added 12-4-2002 by Ord. No. 475]
- SIGN, ROTATING
- A sign which, in its entirety, moves in a revolving, oscillating
or similar manner. Such motion does not include methods of changing
the sign face copy by flipping of slats or panels.[Added 12-4-2002 by Ord. No. 475]
- SIGN, SNIPE
- Any sign of any material whatsoever that is attached in any
way to a utility pole, tree or fence.[Added 12-4-2002 by Ord. No. 475]
- SITE PLAN
- A plan, to scale, showing uses and structures proposed for a parcel of land that includes lot lines, streets, building sites, buildings, open space and other information.
- SPECIAL EXCEPTION
- The permission or approval for a land use activity, expressly granted by the Zoning Hearing Board, after formal application, in situations where provision therefor is made by the terms of this chapter.
- SPECIALIZED ANIMAL RAISING AND CARE
- The use of land and structures for the raising and care of
fur-bearing animals, stabling and care of horses, animal kennels,
bird raising, not including chickens, and similar operations.[Amended 5-4-2005 by Ord. No. 528; 1-20-2016 by Ord. No. 667]
- STAGING FACILITY
- A facility or location on a permitted site for the storage
of equipment and vehicles used to support development activities at
other permitted sites.[Added 6-1-2011 by Ord. No. 617]
- That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
- A public or private way, other than an alley, that affords the principal means of on-grade access to abutting properties. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place or other appropriate name.
- STREET CLASSIFICATIONS
- The following street classifications shall apply to all streets in the Township:
- STREET LINE
- The line defining the edge of the legal width of a dedicated street right-of-way.
- STRIP MINING
- Surface mining of coal, earth removal, stone removal or quarrying
and/or procedures that are normally conducted for profit wherein soil
and/or its contents are removed as a business activity.[Amended 5-4-2005 by Ord. No. 528; 6-1-2011 by Ord. No. 617]
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Structures include buildings, sheds and signs.
- SUPPLY YARDS
- A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
- A lot or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development.
- TRANSPORTATION TERMINAL
- A premises wherein material or merchandise not manufactured,
remanufactured or fabricated upon the premises is transferred from
one carrier to another or from one type of carrier to another type
of carrier for reshipment in the same or different lots and that may
provide accessory storage, loading and/or unloading facilities in
conjunction therewith and that may also perform the functions of a
transportation dispatch office. Shipping and receiving facilities
operated as an accessory use to the warehousing, manufacturing, remanufacturing
or fabricating of material or merchandise shall not be deemed to constitute
a transportation terminal.[Added 6-2-2010 by Ord. No. 601]
- The purpose of the activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained. The term "permitted use" or "use by right" or its equivalent shall not be deemed to include any nonconforming use.
- A modification of the literal provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
- VEHICLE SALES AND SERVICES
- Facilities for the sale and service of vehicles; includes factory authorized car dealers, mobile home dealers, self-propelled or towed recreational vehicle dealers, farm or construction equipment dealers or any similar factory authorized dealers.
- VETERINARY CLINIC
- An establishment where domestic and agricultural animals
are examined and treated by veterinarians.[Added 6-2-2010 by Ord. No. 601]
- An establishment involved in the storage and handling of
freight or merchandise, including but not limited to a distribution
center and wholesale distribution but does not include a wholesale
business, supply yard, transportation terminal, mini-storage facility
or contractor's yard.[Added 6-2-2010 by Ord. No. 601; amended 4-1-2015 by Ord. No. 654]
- WATER-RELATED RECREATION
- Profit or nonprofit developments and related facilities, established by private, semipublic or governmental entities for river oriented recreational functions and activities such as marinas, water recreation facilities, food service, cruise and excursion centers and related amenities.
- WATER TREATMENT AND STORAGE FACILITY
- A facility or location, other than impoundment ponds related
to oil and gas operations, for the treatment and storage of nonpotable
water, including but not limited to brine and frac water that has
been used and is being reused.[Added 5-2-2012 by Ord. No. 627]
- WHOLESALE BUSINESS
- An establishment engaged in selling merchandise in large
quantities to retailers, institutional, commercial or professional
business customers or other wholesalers rather than to the general
public, or acting as a broker for such merchandise sales, but does
not include supply yards or warehousing.[Added 6-2-2010 by Ord. No. 601]
- A space on the same lot with a principal structure, open, unoccupied and unobstructed by structures, except as may be otherwise provided in this chapter.
- ZONING HEARING BOARD
- The Board appointed by the Rostraver Township Commissioners and assigned the duties of judging various appeals and variance requests of persons aggrieved by the interpretation of this chapter and further, assigned to consider the qualification of special exceptions under the terms and conditions specified in this chapter.
- ZONING MAP
- The Official Zoning Map or Maps of Rostraver Township which are part of this chapter, together with all amendments subsequently adopted. 
- ZONING OFFICER
- The individual authorized by the Rostraver Township Commissioners to be the administrator of the day-to-day application of the provisions contained in this chapter.
- ZONING PERMIT
- A statement signed by the Zoning Officer indicating that the application for permission to construct or alter is approved and in accordance with the requirements and terms of this chapter.
Editor's Note: See the Agricultural Area Security Law, 3 P.S. § 901 et seq.
Editor's Note: The Pennsylvania Emergency Medical Services Act was repealed by 2009, Aug. 18, P.L. 308, No. 37, § 6(2). See now the Emergency Medical Services System Act, 35 Pa.C.S.A. § 8101 et seq.
Editor's Note: The former definition of “Commission, Planning,” which immediately followed this definition, was repealed 8-7-2002 by Ord. No. 468.
Editor's Note: This ordinance also repealed the former definition of "contractor's plant and storage."
Editor's Note: This ordinance also repealed the former definition of “educational institution.”
Editor's Note: See 53 P.S. § 10101 et seq.
Editor's Note: This ordinance also repealed the former definition of “Planning Commission.”
Editor's Note: This ordinance also repealed the former definition of "public library," added 4-2-2003 by Ord. No. 483, which immediately followed.
Editor's Note: This ordinance also repealed the former definitions of "restaurant, drive-in" and "restaurant, full service," which immediately followed.
Editor's Note: Said map or maps are on file in the Township offices.