Township of Rostraver, PA
Westmoreland County
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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 buildings shall include, but not be limited to, the following, which are subordinate to the principal buildings on the same lot:
In all residential zones, including Planned Residential Developments, unless prohibited by declaration of covenants:
[Amended 5-4-2016 by Ord. No. 675]
Children's playhouse, picnic shelter, greenhouse (noncommercial), garage, carport, garden house or storage building for domestic storage.
Swimming pool, ornamental pool, tennis court, basketball court or similar private recreational facility.
Storage of camping, sports and similar equipment, owned or leased for noncommercial purposes, for the use of the residents of the premises.
Home gardening.
In commercial zones:
Storage of merchandise and goods normally carried in stock in conjunction with the principal use on the same parcel or lot of ground.
Storage of goods used in or produced by manufacturing activities on the same parcel or lot of ground.
In all zones:
Required off-street motor vehicle parking areas and loading and unloading areas.
Fences and ornamental walls and landscape features.
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.
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]
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]
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]
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]
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,[2] 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]
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.
Any entity within the definition of "ambulance service" as used in the Pennsylvania Emergency Medical Services Act.[3]
[Added 9-2-1998 by Ord. No. 387]
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]
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.
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.
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.
Engine maintenance, repair or reconditioning, collision repair, including straightening and repainting, replacement of parts and incidental services.
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]
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.
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.
The vertical distance measured from the average elevation of the finish grade to the highest point of the roof.
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.")
The building or portion thereof housing the main or primary use of the land.
Any business activity which renders service to other commercial or industrial enterprises.
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:
A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation purposes, permanently identified as a travel trailer by the manufacturer of the trailer and, when equipped for the road, which must be licensed and inspected.
A structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
A trailer designed to haul boats.
A motorized vehicle with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses. This unit must also be licensed and inspected.
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]
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]
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.
The mounting of one or more communications antennas on an existing communications tower, or on any structure that has been approved by the Township to support at least one communications antenna.
[Added 9-5-2018 by Ord. No. 705]
Engaging in a business, enterprise, activity or other undertaking related to or connected with trade or commerce in general (excludes home occupation).[4]
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]
A structure used for transmitting or retransmitting electronic signals, such as a microwave or drum antenna. Communications antennas shall include, but are not limited to, antennas used for cellular telephone communications. Communications antennas shall not include facilities used for the reception of cable television or those used by federally licensed amateur radio operators.
[Added 5-7-1991 by Ord. No. 341; amended 9-5-2018 by Ord. No. 705]
Any entity or person that applies for a communications facility building permit, zoning approval and/or permission to use the public right-of-way, Township-owned land, or other property for the placement, modification, construction, or siting of wireless communications facilities.
[Added 9-5-2018 by Ord. No. 705]
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]
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added 9-5-2018 by Ord. No. 705]
Any structure, other than a building, that is constructed for the primary purpose of supporting one or more communications antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. Communications towers shall not include towers operated by federally licensed amateur radio operators.
[Added 5-7-1991 by Ord. No. 341; amended 9-5-2018 by Ord. No. 705]
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.
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[5]]
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.
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]
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.
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.
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]
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]
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.
A building or portion thereof providing complete housekeeping facilities for one individual or one family.
A detached or separate building designed for or occupied exclusively as a residence for one family.
A detached or separate building designed for or occupied exclusively by two families living independently of each other with separate entrances and facilities.
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. Such structures may be referred to as "apartment," "garden apartment," "townhouse" or "row house."
An establishment where the public may obtain refreshments, meals or prepared foods, not including a microbrewery/microdistillery.
[Added 6-2-2010 by Ord. No. 601; amended 6-6-2018 by Ord. No. 698]
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[6]]
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]
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.[7]
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.
Federal Communications Commission.
[Added 9-5-2018 by Ord. No. 705]
A building where firefighters are stationed and their vehicles and equipment are kept.
[Added 6-2-2010 by Ord. No. 601]
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]
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]
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]
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.
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.
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]
The Board of Township Commissioners of the Township of Rostraver, Westmoreland County, PA.
Any federal, state or local agency.
The area within the perimeter of the outside walls of a building as measured from the inside surface of the exterior walls, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior spaces.
[Added 8-7-2019 by Ord. No. 715]
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]
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]
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]
The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling for use of the residents therein.
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]
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.
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 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]
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.
The horizontal surface area within the lines of the lot.
A lot, abutting two or more streets at their intersection, on which the building line for all streets must be observed.
The ratio of ground area covered by principal and accessory structures to the total ground area of the lot.
The line contiguous with the street right-of-way line.
The line generally parallel to the front lot line, which defines the rear of the lot.
Any lot line which is not a front lot line or a rear lot line.
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]
Interstate 70, State Route 51 and State Route 201.
[Added 9-2-1998 by Ord. No. 387]
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]
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.
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]
A building in which beer or other alcoholic beverages are brewed, fermented or distilled for consumption, which possesses the appropriate license from the Pennsylvania Liquor Control Board, producing less than 15,000 barrels per year (for purposes of this definition, a barrel is 31 gallons). On-site consumption and food sales may occur so long as allowed by the Pennsylvania Liquor Control Board.
[Added 6-6-2018 by Ord. No. 698]
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.
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]
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]
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.
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.
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]
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.
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]
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]
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]
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]
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]
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.
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]
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]
Service or charitable activities conducted on a voluntary or nonprofit basis by individuals or public or service groups and organizations.
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]
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.
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]
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]
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 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.
A use by right which is specifically authorized in a particular zoning district.
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]
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 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.
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]
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.
The Rostraver Township Planning Agency as duly created by the local governing body.
[Amended 8-7-2002 by Ord. No. 468[9]]
The major or dominant use of a lot or land parcel.
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.
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.
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[10]]
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]
Developed or undeveloped open spaces and/or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.
Indoor facilities for leisure time activities that are provided as a business pursuit, including facilities open to the public and those requiring membership; includes indoor theaters, lodges, fraternal organizations, bowling alleys and indoor skating facilities.
Outdoor facilities for leisure time activities that are provided as a business pursuit, including outdoor facilities open to the public and those requiring membership; includes swimming pools, tennis courts, drive-in theaters and golf courses.
[Amended 4-7-2004 by Ord. No. 508]
Developed or undeveloped open spaces and/or structures and facilities which are reserved for the residents of a plan of lots sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports fields, parks, passive areas and related amenities.
[Amended 7-3-2002 by Ord. No. 462]
Any structure or equipment at a fixed location, not including a tower, that enables FCC-licensed communications between a user and a wireless network.
[Added 9-5-2018 by Ord. No. 705]
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[11]]
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.
Stands offering for sale agricultural products grown on the premises.
Stands, trailers, truck beds or similar facilities offering products for sale which are not produced on the immediate premises.
A multifamily dwelling structure, consisting of at least three single-family dwelling units that are attached side by side by unpierced party walls.
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]
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]
A building, buildings, premises or portions thereof which are used for the sale of gasoline, diesel, propane, compressed natural gas, or other fuel for motor vehicles, including electric charging stations; may or may not include a convenience store offering for sale food products and household items.
[Amended 11-6-2019 by Ord. No. 717]
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.
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]
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.
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]
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]
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]
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]
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]
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.
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.
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]
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]
Camouflaging methods applied to wireless communications 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, alternative mounting structures, such as architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, and light poles.
[Added 9-5-2018 by Ord. No. 705]
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.
The following street classifications shall apply to all streets in the Township:
Expressways are limited access freeways that carry through traffic between major urban centers and to and from points outside of a region with no local interference.
Arterials carry major movements of traffic within or through the community.
Collectors carry the internal traffic movements within the Township and connect developed areas with the arterial system. The collector system simultaneously provides abutting property with road access and accommodates local internal traffic movements.
Local streets provide access to immediately adjacent land but normally carry a small portion of the total vehicle miles traveled daily.
Any vehicular way that is not dedicated as a public street.
The line defining the edge of the legal width of a dedicated street right-of-way.
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.
Any increase in the height of a wireless support structure 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, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
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 single-family residence offering, for pay, overnight or short-term lodging for transient guests.
[Added 8-7-2019 by Ord. No. 715]
A lot or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development.
A transient person who maintains legal residency elsewhere or otherwise does not meet expectations of permanent residency but may be lodging in the Township under a commercial basis for a period of less than 30 days.
[Added 8-7-2019 by Ord. No. 715]
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.
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.
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]
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.
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]
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added 9-5-2018 by Ord. No. 705]
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 freestanding structure, such as a communications tower or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
[Added 9-5-2018 by Ord. No. 705]
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.
A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements, the depth of which is the least distance between the front lot at the right-of-way line and the building line.
A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements.
A yard between the principal structure and the side lot line, extending from the front yard or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90º with the side lot line, from the nearest part of the principal building.
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.
The Official Zoning Map or Maps of Rostraver Township which are part of this chapter, together with all amendments subsequently adopted.
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.
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 also § 195-79B.
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 definitions of “commercial communications antenna” and “commercial communications tower,” added 5-7-1997 by Ord. No. 341, and which immediately followed this definition, were repealed 9-5-2018 by Ord. No. 705; and the former definition of “Commission, Planning,” which 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: The former definitions of “essential communications antenna” and “essential communications tower,” added 5-7-1997 by Ord. No. 341, and which immediately followed this definition, were repealed 9-5-2018 by Ord. No. 705.
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.