For the purpose of interpretation of this chapter, certain terms
and words used herein shall be interpreted or defined as follows:
A.
Words in the present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
B.
The word "person" shall include a firm, association, corporation,
company, trust or partnership as well as an individual.
C.
The word "lot" shall include the words "plot," "tract" or "parcel."
D.
The word "shall" is a mandatory requirement, the word "may" is a
permissive requirement, and the word "should" is a preferred requirement.
E.
The words "used" or "occupied" include the words "intended, arranged
or designed to be used or occupied."
F.
The masculine gender shall also include the feminine gender.
G.
The particular shall control the general.
[Amended 3-19-1997 by Ord. No. 1409; 9-17-1997 by Ord. No. 1414; 12-29-1997 by Ord. No. 1420; 2-16-2000 by Ord. No. 1458; 3-15-2000 by Ord. No.
1461; 9-19-2001 by Ord. No. 1469; 10-17-2001 by Ord. No. 1470; 2-20-2002 by Ord. No. 1474]
In addition to the following definitions, diagrams illustrating
key lot, area and dimensional terms appear in this article. In case
of any difference in meaning or implication between the text of this
chapter and any caption or illustration, the text shall prevail and
control.
Any use, object or structure constructed or installed on,
or above, or below the surface of a parcel, which is located on the
same lot as a principal use, object or structure, and which is subordinate
to or serves the principal use, object or structure, and is customarily
incidental to the principal use, object or structure. Among other
things, "accessory use" includes anything of a subordinate nature
attached to or detached from a principal structure or use, such as
fences, walls, sheds, garages, parking places, decks, poles, poster
panels and billboards. Except as otherwise provided in this chapter,
an accessory use shall be a permitted use.
Any theater, magazine shop, bookstore, nude model studio,
sexual encounter center, escort service, adult cabaret, adult motel
or other establishment which at any time displays motion pictures,
videotapes, compact discs (CDs), digital video disks (DVDs), television
programs or feeds, books, magazines or any other forms of live, filmed
or illustrated entertainment of a sexual nature or content, including
dancing, nude or seminude lap dances, or any other form of entertainment
which would be considered X-rated or adult in nature, regardless of
whether the same has been judged to be pornographic or obscene, or
any other type of action or material that depicts any live or simulated
sex act or entertainment that includes exposed male or female genitalia
or exposed female nipples.
[Amended 9-27-2006 by Ord. No. 1509]
See "thoroughfare."
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Any business or portion thereof having on its premises for
use by the public four or more skill or amusement games, including,
but not limited to, pool, foosball and air hockey tables, video or
electromechanical devices operated by inserting a coin or token, mechanical
rides for children, and including any establishment licensed by the
Pennsylvania Liquor Control Board for the public use of mechanical
or electrical devices, machines, tables and apparatus of any kind
for playing games of skill and amusement.
See "clinic, veterinary."
See "dwelling."
Any landowner, agent for a landowner, person having a leasehold
interest in the land or person having an option to purchase the land
who has filed an application for development, including his heirs,
successors and assigns.
A facility that houses persons who are in an accelerated
rehabilitative disposition (ARD) program or persons convicted of violating
a crime, whether the Pennsylvania Crimes Code or any other state or
federal statutes — the Controlled Substance, Drug, Device and
Cosmetic Act, the driving under the influence provisions of the Motor
Vehicle Code of the Commonwealth of Pennsylvania, or any similar federal
or any other state of commonwealth of these United States laws or
statutes, which housing is a part of their sentence or is required
prior to their release into society from an imposed sentence or in
lieu of a sentence or trial.
[Added 9-27-2006 by Ord. No. 1509]
Any establishment, or portion thereof, which is used for
the education, display and/or creation of art, music and/or photography,
and including incidental sales of related items.
For the definition of "arterial street," see "thoroughfare."
The following Borough streets are hereby classified as "arterial streets":
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Brierly Lane (all)
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Eighth Avenue (all)
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Farragut Street (part) and Vondera Street (all); connecting
Main Street and Homestead-Duquesne Road
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Homestead-Duquesne Road (all)
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22nd Avenue (part); connecting Main Street and West Street
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22nd Avenue Extension (all); connecting West Street with West
Run Road
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Main Street (all)
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Ravine Street (all)
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West Street (all)
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West Run Road (all)
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Whitaker Way (all)
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Any automatic teller machine (as used in the finance industry).
The major or minor repair, rebuilding or reconditioning of
motor vehicles or parts thereof, including collision (body and frame)
service, painting, and steam cleaning of vehicles.
Any business in which new or used motor vehicles, mobile
homes, boats, campers or trailers (under 9,000 pounds GVW) are offered
for sale, rental or lease, which may also include the use of a paved
area in an open yard for display purposes and a building(s) for offices,
showrooms and/or service repair areas, provided that any such service/repair
area is contained entirely within an enclosed building, and provided
that all items offered for sale, rental or lease are displayed and
offered only on the premises.
Any retail business, including buildings and premises, where
gasoline, oil, grease, antifreeze, other coolants, batteries, tires,
spark plugs, bulbs, fuses, exhaust systems, water hoses, fan belts,
brake and transmission fluids, brakes, windshield wipers and blades,
wheel bearings, suspension systems, mirrors, radiators, heating and
air-conditioning systems, electrical systems, fuel/oil pumps and lines,
and other motor vehicle parts or accessories may be sold, supplied,
cleaned, repaired, serviced and/or dispensed at retail; and where,
in addition, the following services may be rendered and sales made:
Minor vehicle repair work.
Soft drinks or other nonalcoholic beverages, packaged food,
tobacco products, and similar convenience goods for service station
customers, as accessory uses clearly incidental to the principal use.
Vehicle washing and waxing, by hand; service to be provided
by the employee(s), not the customer.
Road maps and other informational material.
Public rest rooms.
Warranty maintenance.
Safety inspections.
And, in addition, the following sales and services shall be
expressly excluded from this definition:
Recapping or regrooving tires.
Painting, of any kind.
Collision work, of any kind; including, but not limited to,
body and/or frame work.
Major engine repairs which require the removal of the head or
crankcase or which require storage of the vehicle or accessory vehicle
anywhere on the premises for any period of time in excess of two calendar
weeks.
Any work which requires racing the motor.
The sale of any motor vehicle, motor home, mobile home, boat,
camper, trailer or other vehicle or accessory vehicle from any location
inside or outside a structure on the lot.
The permanent or temporary storage of any vehicle, motor home,
mobile home, boat, camper, trailer or other vehicle or accessory vehicle
which is unlicensed, inoperable or partially dismantled for any period
exceeding two calendar weeks.
The dismantling, salvaging or storage of any vehicle, motor
home, mobile home, boat, camper, trailer or other accessory vehicle
or used vehicle part.
The sale of any alcoholic beverage.
Automatic vehicle washing and/or waxing devices; except as may
be provide elsewhere in this chapter as an approved conditional use
accessory to the automotive service station or service station garage.
Any establishment which includes the dismantling or wrecking
of motor vehicles, mobile homes, boats, campers or trailers, or the
storage, sale or dumping of dismantled, partially dismantled, obsolete
or wrecked motor vehicles, mobile homes, boats, campers, trailers
or their parts.
A sign mounted with metal brackets to a streetlight within
the Borough. Banners may only be used to identify a specific area
of the Borough or to acknowledge a specific season or holiday or promote
a community event and may not be used to advertise a specific individual
commercial use or sales event.
A grouping of banners located along a specific street or
within a specific district in the Borough, all containing the same
design and/or wording. A banner cluster shall consist of no less than
two banners and no more than 100 banners. Banner clusters may not
be co-located with banners which are not part of the banner cluster.
Any story, wholly or partly underground, but having at least
1/2 of its height below the average level of the adjoining ground.
Any single-family dwelling which is the principal residence
of the owner/operator, where no more than four sleeping rooms are
offered to transient overnight guest for compensation and where the
only meal available to overnight guests is breakfast.
Any off-premises sign which advertises an establishment,
activity, person, product or service which is unrelated to or unavailable
on the premises on which it is situated and which may be either freestanding
or attached to or applied directly to the surface of a building or
other structure.
Any body granted jurisdiction under this chapter or under
the Municipalities Planning Code to render final adjudications.[1]
Any building, structure or part thereof in which more than
four sleeping rooms are provided by the owner or operator for compensation
to transient or nontransient individuals and where meals are available
or provided. A boardinghouse shall not include dormitories, fraternity
or sorority houses, or any residence that provides personal services
associated with group residences, group care facilities, transitional
dwellings or personal care homes, as defined by this chapter.
The Borough of Munhall, Pennsylvania.
Any landscaped area of certain specific dimensions as may
be required by this chapter, which shall be planted and maintained
with approved landscaping materials and which is designed to serve
as a buffer between adjacent uses of differing character; a plan for
which has been designed by the owner or a certified landscape architect
under contract from the owner and which has been reviewed and approved
by the Commission.
The area of the lot, exclusive of all required yards, setbacks
and buffers, upon which a building may be constructed.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattel or property.
Any subordinate building detached from, but on the same lot
as, the principal building; the use of which is incidental and accessory
to that of the main building or use.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and the mean height between eaves and ridge for gable, hip
and gambrel roofs.
See "setback line."
Any building in which the main or principal use of the lot
upon which said building is situated is conducted.
The minimum distance between two buildings at their closest
points, measured from the outermost wall or projection of each building,
excluding bay windows, chimneys, flues, columns, ornamental features,
cornices and gutters, and provided that any such exception does not
encroach more than two feet into the required minimum distance between
the buildings.
The term used to describe the requirements outlining the
size of permitted structures in a district and the relationship between
permitted structures, required open space, required buffer areas,
and lot lines. Requirements may include standards outlining the maximum
or minimum size and dimensions of permitted structures, zoning lots,
yard areas, buffers or other open spaces.
CONVENIENCE BUSINESSCommercial establishments situated along high-volume traffic corridors (arterial streets) only, which are generally located in close proximity to residential districts. Convenience business classification uses generally include, but are not necessarily limited to, a mix of residential, professional office, personal service and convenience retail uses (including drugstores, branch financial institutions, ATMs, beauty and/or barber shops, carry-out establishments, dry cleaning and laundry pickup establishments, florists, newsstands, eating establishments with less than 5,000 square feet of GFA, and grocery and convenience stores with less than 10,000 square feet of GFA, but specifically excluding fast food and drive-in restaurants and drinking establishments). Uses in this classification tend to serve daily consumer needs.
GENERAL BUSINESSCommercial uses situated along high-volume traffic corridors (arterial streets) or near major thoroughfares and/or their intersections, and which, in addition to serving day-to-day needs of a neighborhood or smaller community, also supply the more durable and permanent needs of the entire community. Uses generally include, but are not necessarily limited to, supermarkets, business services, hardware, apparel, footwear, appliances, furniture, discount and department stores, all types of eating and drinking establishments, financial institutions, theaters, automobile service stations, truck and auto sales and service, hotels and motels and commercial recreation.
Any profit-making activity which renders services primarily
to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes and/or business. Business
services uses generally include, but are not limited to, advertising
and public relations firms, management and consulting services, security
and maintenance services, equipment rental/leasing, and computer-
and data-processing-related sales and services.
Any business establishment that sells commodities in large
quantities or by the piece to retailers, jobbers, other wholesale
establishments, or manufacturing establishments, where these commodities
are intended for further resale, use in the fabrication of a product,
or use by a business service establishment.
Any lightweight structure attached to the ground and/or to
a wall and which is extended over a sidewalk or other pedestrian walkway,
where such structure is used primarily for purposes of shelter and
not advertising.
Any structure used for the shelter of a vehicle, which includes
a roof attached to the side or back of the principal building and/or
is supported by columns, and which is substantially open to light
and air on two or more sides.
That portion of a public street right-of-way used for vehicular
traffic; usually the inside curb-to-curb width of the roadway.
Any structure, or portion thereof, either fully or partially
enclosed, where one or more vehicles may be washed using mechanized
equipment, either manual (self-service) or automated.
A place for gambling, including off-track betting, provided
said place is licensed by the Commonwealth of Pennsylvania to conduct
gambling on said premises.
[Added 9-27-2006 by Ord. No. 1509]
See "basement."
Any land used or intended to be used for the burial of the
human or animal dead and dedicated for cemetery purposes, including
crematories, mausoleums, and mortuaries if operated in connection
with and within the boundaries of such cemetery.
A certificate of use, occupancy and compliance issued by
the Chief Building Officer upon site inspection, attesting that the
structure and/or the proposed use:
The person appointed by Council to review and approve all
proposed plans for new construction in the Borough to assure compliance
with all applicable construction standards, to monitor construction
progress in accordance with the approved plans, and to issue a certificate
of occupancy certifying completion of the project in accordance with
the approved construction plans and all applicable construction standards.
Administering to the needs of infants, toddlers, preschool
children and children outside of normal school hours by persons other
than the parents, guardians, custodians or relatives by blood, marriage
or adoption of the children for any part of the twenty-four-hour day
at a location other than the child's personal residence.
Any building, other than a dwelling used primarily as a place
of worship for a recognized religious denomination, which may also
include as accessory uses rooms for religious education, social or
recreational activities, administrative facilities, and child or elderly
day care.
The unobstructed line of sight along both roads or driveways
at an intersection and across their included corner for distances
sufficient to allow the operators of vehicles approaching simultaneously
to see each other in time to prevent a collision. The minimum sight
triangle may vary according to the type of street and the posted legal
speed limit. Sight distance along the street shall be measured at
the height of the driver's eye, which is assumed for purposes
of this definition to be 3.75 feet above the surface of the roadway.
Any establishment for the examination, diagnosis and treatment
of human outpatients by doctors or dentists, including doctor, dental
or medical offices, provided that patients are not kept overnight
except under emergency conditions.
Any establishment where veterinarians examine and treat animals,
including the temporary boarding of not more than eight animals during
treatment.
Any building or portion thereof or premises used for social,
literary, political, educational or recreational purposes primarily
for the exclusive use of members or their guests.
For the definition of "collector street," see "thoroughfare."
The following Borough streets are hereby classified as "collector
streets":
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9th Avenue (all)
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10th Avenue (all)
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22nd Avenue (Maple to Main)
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Andrew Street (8th Avenue to 18th Avenue)
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Calvert Drive (all)
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Cambria Street (all)
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Caroline Avenue (Main to Shady)
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Charles Street (Woodlawn to James)
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Crawford Avenue (all)
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Elizabeth Street (Main to Shady)
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East Eugene Street (Main to Valewood)
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Superior (Main to Harvey)
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Franklin Street (all)
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Gates Drive (West Run Road to Vivian)
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Grace Street (all)
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Green Avenue (all)
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Hamilton Road (all)
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Harvey Avenue (Superior to Caroline)
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Highwood Street (Hilltop to Whitaker Way)
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James Street (Main to South Charles Extension)
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W. Larkspur Street (West Vine to Whitaker Way)
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Lawrence Avenue (all)
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Lea Street (Main to Franklin)
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Lehigh Avenue (all)
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Longfellow Drive (all)
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Maple (all)
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Marion Street (all)
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Martha Street (all)
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McClure Street (all)
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McKinley (Main to Shady)
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McWhinney Street (all)
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Miller (Grace to Cambria)
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Oliver Road (Main to Marion)
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Roberta Drive (all)
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Shady Avenue (all)
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Tioga Street (all)
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Union Street (all)
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Valewood Drive (Eugene to Harvey)
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Venango (Crawford to Union and Lehigh to Tioga)
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Verna Drive (all)
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Virginia (Grace to McWhinney)
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Wayne Road (all)
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Woodhill Drive (all)
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Woodlawn Avenue (Main to Charles Extension)
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York Street (all)
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Engaging in a business, enterprise, activity or other undertaking
for profit.
Any enterprise operated for profit by other than a public
entity, indoors or outdoors, for the pursuit, with or without an admission
charge/fee, of sports or leisure activities, including, but not limited
to, golf or batting practice facilities, miniature or regulation golf
courses, bowling alleys, ice or roller skating rinks, playing fields,
racquet clubs, swimming pools, billiard or pool halls, dance halls,
amusement parks, amphitheaters, stadiums, amusement arcades, spas
and health clubs where the principal use includes a gymnasium, exercise
room, swimming pool and/or other sports facilities and other similar
facilities.
Any establishment operated for profit which provides primarily
nonacademic vocational or trade education courses, training and/or
programs.
The Munhall Borough Planning Commission.
Any parcel of land, area of water or combination of land
and water within a development which has been designated for and is
intended to be used for the enjoyment and use of residents or occupants
of the development, but excluding streets, off-street parking and
loading areas, and areas set aside for public facilities.
The Commonwealth of Pennsylvania.
A plan, or any portion thereof, which has been adopted by
the Commission and Council, showing the general location and extent
of present and proposed physical facilities including residential,
industrial and commercial land uses, major thoroughfares, parks, schools,
and other community facilities. This plan establishes the goals, objectives
and policies of the community.
A use permitted within a district, other than a principally
permitted use, which requires the issuance of a conditional use permit
by the Zoning Officer which has first been authorized by Council assuring
compliance with specific standards and criteria established for the
subject use.
A permit issued by the Zoning Officer upon approval by Borough
Council to allow a conditional use to be established within a zoning
district.
A form of property ownership in which units in a building
or group of buildings are individually owned while the structure(s),
common areas and facilities are owned on a proportional, undivided
basis by all of the owners in common.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or other structure,
including the placement and/or securing of manufactured homes.
Any vehicle or accessory trailer which is used as a temporary
field office or for storage purposes during the period of construction
at the construction site.
See "lot types."
The Council of the Borough of Munhall.
The County of Allegheny, Pennsylvania.
See "thoroughfare."
Defined and measured as one calendar day wherever referenced
in this chapter.
Any facility providing personal care for a period of time
which is less than 24 consecutive hours for more than two, but not
more than six, adults who are not relatives of the operator and who,
because of physical or mental infirmity, require assistance to meet
personal needs, but who do not require nursing care.
Any facility providing child day care, supervision and/or
instruction for seven or more children under the age of 16, and for
a period of less than 24 hours, and which has been licensed by the
commonwealth.
See "group day-care home (child)."
See "thoroughfare."
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Municipalities Planning Code to do so, either
by reason of the grant of exclusive jurisdiction or by reason of appeals
from determinations. All decisions shall be appealable to the Court
of Common Pleas of Allegheny County and the Magisterial District Judge
serving the Borough of Munhall.[2]
A unit of measurement expressing the number of dwelling units
per acre of land. Unless otherwise specified, any reference in this
chapter to density shall be interpreted as meaning the "gross density."
The number of dwelling units per gross (total) acreage of
the land to be developed.
The number of dwelling units per net acre of land to be developed
(only the particular parcel being proposed for development, excluding
proposed streets, etc.).
The Commonwealth of Pennsylvania's Department of Education.
Any retail establishment which sells a variety of personal
and household merchandise, including clothing, shoes, cosmetics, jewelry
and other fashion accessories, furniture, appliances, linens, glassware
and china, kitchenware, housewares, notions, sporting goods, dry goods,
luggage, candy, cards and gifts, toys, games and books, photographic
equipment and similar items. Such an establishment may also include
the following accessory uses: restaurant, snack shop, retail bakery,
travel service, ticket agency, beauty/barber shop(s), automobile service
center, community meeting rooms, catalog shopping service and other
similar uses.
The Commonwealth of Pennsylvania's Department of Environmental
Protection or any successor agency.
Any landowner, agent for the landowner, or leaseholder or
tenant with the permission of the landowner, who undertakes a development.
Any change to real estate, including, but not limited to,
the erection, construction or placement of a structure; the building
of utilities, streets, off-street parking and loading areas, or other
paved areas; filling, grading, excavation, mining, drilling, or dredging
operations; the placement or securing of manufactured homes; and the
subdivision of land.
The provisions for the development of a site, including a
plat or subdivision, all covenants relating to the use, location and
bulk and area of any structure, intensity of use or density of the
development, streets, public ways and parking facilities, common open
space and public facilities.
That part of a satellite-signal-receiving antenna which is
shaped like a saucer or dish, whether it is spherical, parabolic or
similar in shape.
Any establishment in which goods manufactured on or off site
are temporarily stored prior to being shipped out or picked up for
delivery to retail or wholesale businesses or the ultimate purchaser.
A part, zone or geographic area within the Borough within
which certain zoning or development regulations apply.
Any two-family dwelling in which each unit has its own separate
floor(s) and in which no one story or floor of a building is shared
by both units. For a definition of "two-family dwelling," see "dwelling."
Any building or structure (except a house trailer or mobile
home) which is wholly or partly used for living or sleeping by one
or more human occupants, but not including hotels, motels, lodging
houses or boardinghouses.
Types of dwellings as referenced in this chapter are defined
as follows: (Note: See also, the definition for "transitional dwelling.")
DWELLING, SINGLE-FAMILYAny residential building or part thereof containing not more than one dwelling unit and which is the only principal building on the lot.
DWELLING, TWO-FAMILYAny residential building containing two independent attached dwelling units, each having a separate entrance, and which is the only principal building on the lot.
DWELLING, MULTIFAMILYAny residential building or portion thereof containing three or more dwelling units. Types of multifamily dwellings as referenced in this chapter are defined as follows:
Garden apartment building. Any multifamily residential building
which:
Contains at least five, but not more than 24, individual dwelling
units.
Has dwelling units on not more than three separate floor levels
or stories and is not more than 2 1/2 stories in total above-grade
height.
Is not more than 180 feet in length and not more than 60 feet
in width.
In which dwelling units share a common entrance to the outside,
usually through a common corridor.
Any dwelling or part thereof which is designed for use by
not more than one family unit as a single dwelling unit; may also
be abbreviated as "d.u."
Any written and recorded authorization by a property owner
for the limited use by another party and for a specified purpose of
any designated part of his property.
Any retail service establishment which is open to the general
public for the preparation, sale and consumption on the premises of
food and/or beverages, includes restaurants, bars, taverns, cocktail
lounges, bistros/sidewalk cafes and other similar establishments.
A continuous and unobstructed path of travel from any point
in a building or a structure to a public way. A means of egress consists
of three separate and distinct parts, the exit access, the exit and
the exit discharge. A means of egress comprises the vertical and horizontal
means of travel and shall include intervening room spaces, doors,
hallways, corridors, passageways, balconies, ramps, stairs, enclosures,
lobbies, horizontal exits, courts and yards.
Any multifamily residential building containing 12 or more
dwelling units where occupancy is restricted to elderly persons or
households (not more than three persons related or unrelated who occupy
a single dwelling unit, at least one of whom is elderly). Such facilities
may include provisions for emergency first aid care, adult day care,
therapy, personal care, nursing, common dining, recreation and independent
or semi-independent living. For purposes of this definition, "elderly
housing facility" shall not include convalescent homes, nursing homes,
group residential facilities or homes for the aged.
Any person who is 60 years of age or older or any person
under 60 years of age who is handicapped such that his physical impairments
are of a long-term nature and which impede his ability to live independently
without a suitable special housing environment.
Any person who is a registered professional civil engineer
licensed by the commonwealth.
Any engineer appointed by Council to serve as the Borough's
Municipal Engineer.
The erection, construction, alteration or maintenance, by
licensed or publicly franchised public utilities, the Borough or any
other governmental agency, of underground natural gas, electrical,
telephone, cable television, steam or water transmission, distribution,
collection, communication, supply or disposal systems or sites, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm, traffic signals, hydrants, or other similar equipment and accessories
in connection therewith which are reasonably necessary for the furnishing
of adequate service by such public utility or municipality or other
governmental agency, their contractors or agents for the public health,
safety or general welfare, but not including buildings.
The United States Environmental Protection Agency.
Any exterior wall of a building exposed to public view.
Any factory-built structure designed for long-term residential
use, the components of which are essentially constructed or assembled
off site and then delivered and installed on site, including manufactured,
modular and mobile homes.
Any person living alone or two or more persons living together
as a single housekeeping unit in one dwelling unit, as distinguished
from a group occupying a "group residence," "rooming house," "personal
care home," "club," "group care facility," "motel or hotel," "dormitory,"
"fraternity house," "sorority house," "nursing home" or "transitional
dwelling"; and provided, however, that the term "family" shall not
include more than six persons unrelated to each other by blood, marriage
or legal adoption living together as a single housekeeping unit.
See "day-care center, adult."
Any restaurant where prepared or premeasured food items are
prepared and sold, where items are ordered by the customer at a window,
counter or from a vehicle rather than from a table, and which has
been designed to facilitate quick service and which sells takeout
or sit-down food orders for consumption on and/or off the immediate
premises; provided, however, that "fast-food or drive-in restaurant"
does not include sit-down buffet or cafeteria-style restaurants.
Any structure constructed of wood, metal, wire, mesh, plastic
materials or masonry erected for the purpose of screening, privacy,
protection, delineation or confinement of the property.
Any bank, savings and loan association, credit union or other
similar institution or use that lends money or is engaged in a finance-related
activities.
That land, including the floodway fringe and the floodway,
which is subject to inundation by a regional flood.
All areas subject to inundation by the waters of a regional
flood; including areas identified as floodway (FW), and flood-fringe
(FF) areas. The basis for delineation of this district shall be the
same as that designated in the documentation of the Flood Insurance
Study, the Flood Insurance Rate Map, and the Flood Boundary and Floodway
Map for the Borough, as prepared by the Federal Emergency Management
Administration (FEMA).
Large floods which have previously occurred or which may
be expected to occur on a particular stream because of like physical
characteristics. The regional flood generally has an average frequency
of the one-hundred-year recurrence interval flood.
That portion of the floodplain, including the channel, which
is reasonably required to convey the regional floodwaters. Floods
of less-frequent recurrence are usually contained completely within
the floodway.
That portion of the floodplain, excluding the floodway, where
development may be allowed under certain restrictions.
The measurement of "usable floor area" shall be the sum of
the horizontal areas of the several floors of the building, measured
from the interior faces of the exterior walls; in establishing minimum
usable floor areas for dwellings, this measurement shall exclude all
basement or cellar floors.
The preparation, storage or processing of food products.
Examples of these activities include bakeries, dairies, canneries
and other similar businesses.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.[4]
Any building and the adjacent loading area(s) where cargo
is temporarily stored and where commercial vehicles load and unload
cargo on a regular basis, which may or may not include facilities
for the maintenance, fueling, temporary storage or dispatching of
the vehicles.
See "yard, front."
Any building which is used for the embalming and temporary
display of deceased human beings in preparation for burial, including
ceremonies normally associated therewith, but not including facilities
for the cremation of the deceased.
See "dwelling."
Any accessory building used for the temporary storage of
motor vehicles owned by and used by the owner or tenants of the lot
and for the storage of two or more, but not more than four, additional
motor vehicles which may be owned by persons other than the owner
or tenants, but who are residents of the immediate neighborhood.
Any detached accessory building or portion of a principal
building in a residential district for the parking or temporary storage
of automobiles, travel trailers, campers, and/or boats of the landowners
or occupants of the premises only, and wherein:
Any principal or accessory building, other than a private
garage available to the general public and used for parking or temporary
storage of motor vehicles, but which is not used for the commercial
repair, maintenance or long-term (periods in excess of one calendar
week) storage of motor vehicles.
See "gross floor area."
See "automotive service station."
Any authorized commercial use which is not included in the
definition of "commercial recreation," "shopping center," "retail
business," "personal service" or "business service."
The sum of the gross horizontal area of the several floors
of a residential building, excluding any basement floor areas, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between interior faces of exterior wall or from
the center line of a common wall separating two buildings.
The sum of the gross horizontal area(s) of several floors
of a nonresidential building measured from the interior faces of exterior
walls or from the center line of a common wall separating two buildings.
In calculating the parking requirements of any such building, the
"gross floor area" shall include all floor areas devoted to the principal
use, including accessory storage areas on any floor other than the
basement level, basement-level areas devoted to the principal use,
areas on any level devoted to the production or processing of goods
or to business/professional offices and similar areas; and shall exclude
stairs, rest rooms, washrooms, elevator shafts, maintenance areas,
machine and equipment rooms, display windows, fitting rooms, and similar
areas on any level, and accessory storage areas on the basement level
only (except where storage is the principal use).
The sum of the total floor areas designed for or intended
for the exclusive use of building occupant(s), including basements,
mezzanines and multiple stories, but excluding public or common areas
such as public rest rooms, corridors, stairs, elevator shafts, machine
and equipment rooms, lobbies or mall areas (whether open or enclosed).
The GLA shall be measured from the center line of common walls or
joint partitions and from the inside face of exterior walls. It is
generally the area for which tenants pay rent, including sales and
integral stock areas.
Any dwelling unit licensed for the entire period of occupancy
by the commonwealth, where room and board is provided to not more
than six mentally or physically handicapped or disabled persons of
any age who are permanent residents in need of supervision and specialized
services and where qualified supervisors on any shift provide health,
social and/or rehabilitative services to the residents.
Any facility licensed for the entire period of occupancy
by the commonwealth, where care is provided to at least six, but not
more than 12, children at any one time and where child-care areas
are also used as a family residence.
Any facility licensed for the entire period of occupancy
by the commonwealth, in which resident care is provided for more than
six mentally or physically handicapped or disabled persons of any
age who are permanent residents in need of supervision and specialized
services and qualified supervisors on any shift provide health, social
and/or rehabilitative services to the residents.
The gross vehicle weight.
An administrative proceeding conducted by a board pursuant
to § 909.1 of the Municipalities Planning Code.[5]
Any manufacturing, assembly, fabricating, processing, service,
research and development, or distribution activity or facility which
is not included in the definition of the "general service" industrial
classification but which complies with the performance standards of
this chapter.
The vertical distance measured from the average elevation(s)
of the proposed finished grade(s) immediately adjacent to all exterior
walls of the building to the highest point of the roof for flat roofs,
to the deckline of mansard roofs, and to the mean height between eaves
and ridge for gable, hip and gambrel roofs. Chimneys, flues, stacks,
fire escapes, elevator penthouses, ventilators, skylights, standpipes,
elevated water tanks and similar roof structures required for the
subject building's operation and/or maintenance, and which are
not intended for human habitation, and church spires and towers, flagpoles
and/or other approved unique design features and which are not intended
for human habitation shall not be included in calculating maximum
height.
See "dwelling."
Any area, district or zone within the Borough designated
by a unit of local, state or federal government as a historic district
within which certain buildings, structures, appurtenances and/or places
are of basic and vital importance because of their:
Association with history.
Unique architectural style and scale (including materials, proportion,
form and architectural detail).
Being a part of or related to a square, park or area, the design
or general arrangement of which should be preserved and/or developed
according to a fixed plan based on cultural, historical or architectural
motives or purposes.
Specific designation as a historic site or structure.
Any structure or site within the Borough designated by any
unit of local, state or federal government as a significant historic
structure or site and/or which has been listed on the National Register
of Historic Places.
Any activity, profession, occupation, service, craft, revenue-enhancing
hobby or other activity which:
Is clearly incidental and subordinate to the principal use of
the premises as a dwelling.
Is conducted entirely within the principal structure.
Is conducted by members of the family residing on the premises
only.
Is conducted in a manner which does not produce any significant
adverse effect on the surrounding residential neighborhood.
Does not involve retail sale of goods or commodities from any
location on the premises.
Does not involve the provision of services to more than three
persons or "customers" at any one time.
Any public or private establishment (including sanitariums)
which is used for the short-term care and treatment of patients who
have physical or mental illnesses (excluding patients who have been
found to be criminally insane), and which may or may not include facilities
for major surgery.
Any building or group of buildings containing sleeping rooms
and supporting services which are offered for rent to the general
public on a daily or weekly basis and which may include support services
such as restaurants, cocktail lounges, meeting rooms, recreational
facilities, laundry facilities, and/or living quarters for a resident
manager or proprietor; also includes motor lodges, tourist courts
and inns, but specifically excludes boardinghouses or rooming houses,
fraternities or sororities, and dormitories.
See "manufacturing."
GENERAL SERVICERestricted light-manufacturing- and service-related uses which are generally clean, quiet and free of objectionable or hazardous conditions or nuisances; which operate primarily within enclosed structures, have limited outside storage, and generate only light vehicular traffic; includes all types of construction or building contractor- and subcontractor-related businesses, building material suppliers, lumberyards, horticultural nurseries, and auto body and paint shops; these uses may serve as a transitional buffer between industrial uses and residential or commercial districts.
HEAVY INDUSTRIALIndustrial uses with relatively few restrictions, which may include, but are not necessarily limited to, a variety of manufacturing, assembly, compounding, fabricating, processing, treatment and/or other related heavy industrial activities which are not included in the definition of either the "general service" industrial classification or the term "light industry," but which otherwise conform with the performance standards of this chapter.
RIVERFRONT DEVELOPMENTA mixed-use classification which is intended to facilitate the redevelopment of the former USX industrial site along the Monongahela River by encouraging a variety of well-planned, larger-scale and high-quality mix of commercial, residential and flex office uses; requiring a detailed overall site development land planning process and forethought assuring the quality of redevelopment of the site.
Any building or land which is designed and intended to be
used to aid people in need of mental, therapeutic, rehabilitative
counseling or other correctional services.
Any building, structure, property, land or combination of
the same upon or within which junk is stored, salvaged or processed.
See also "salvage yard."
Any lot, dwelling, business or other premises where four
or more dogs, cats or other domesticated animals more than four months
of age, whether or not for profit, are kept, bred, trained, boarded
or sold, and which may also offer provisions for minor medical treatment
of these animals.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
the tenure of the occupancy.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A plan prepared by a prospective developer in accordance with the application requirements of the Borough of Munhall's Subdivision and Land Development Ordinance, Chapter 389 of the Code, for review by the Commission and the subsequent approval or rejection by Council of a proposed land development as defined herein.
The legal owner of record of land or the beneficial owner
of land, including the holder of an option to purchase, a lessee (if
authorized under the lease to exercise the rights of the landowner),
or such other person as may have a proprietary interest in the land.
A plan identifying each tree, shrub and other planting by
size, type and scientific name; a diagram or plot plan identifying
the location of each planting and such other diagrams, graphics, or
reports as are necessary to show the method of planting, staking and
mulching, grass seeding or sodding specifications and mixtures, and
existing trees to be preserved. Such plans shall be prepared by a
registered professional landscape architect for all developments of
two or more acres in size.
Industrial uses restricted to those which do not produce
noise, odors or vibrations, air or water pollution, fire hazards or
other disturbances or dangers to other properties in the vicinity.
Light industrial uses may include the manufacture, assembly or fabrication
of small home appliances, office machines, computers, electrical instruments,
timepieces, precision instruments, electronic devices, jewelry, optical
goods, musical instruments, novelties, lithographic plates, wood products,
printed materials, type composition, machine tools, dies, gauges,
ceramics, apparel, film processing, food products, plastic goods,
pharmaceutical goods, computer software and computer peripherals.
Off-street (not in the public right-of-way) space conveniently
located, accessible, and properly designed for the temporary use by
vehicles making bulk pickups or deliveries of merchandise or materials.
See "thoroughfare."
Except as otherwise specified in this chapter, "lot" shall
be interpreted as meaning a zoning lot.
Types of lots as referenced in this chapter are defined as
follows:
LOT OF RECORDAny lot or parcel of land which is separately recorded in the office of the County Recorder and which may or may not be under common ownership with a contiguous lot(s) of record. A lot of record may or may not be a zoning lot under this chapter and, therefore, may or may not be a suitable building lot or buildable lot under the requirements of this chapter.
ZONING LOTA parcel of land which is of sufficient size to meet the minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required; commonly also referred to as a "building lot" or a "buildable lot." Any such lot shall have frontage on a dedicated and improved public street or an approved private street and may consist of any one of the following:
CORNER LOTA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
INTERIOR LOTA lot other than a corner lot with frontage on only one street.
THROUGH LOTA lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may also be referred to as "double frontage lots."
The total area within the boundary of a lot and excluding
any area of land within any dedicated public street right-of-way.
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on any such lot.
The ratio of enclosed ground-floor area of all buildings
on a lot to the horizontally projected area of the lot, expressed
as a percentage.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in the front of the lot
and the rearmost points of the side lot lines in the rear of the lot.
The front of a lot shall be construed to be that portion
nearest the street. For purposes of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to streets
shall be considered frontage, and yards shall be provided as indicated
under "yards" in this article.
The recorded or proposed boundary lines of a lot.
The types of lot lines are as follows:
LOT LINE, FRONTA lot line which is also the street right-of-way line forming the boundary of the lot.
LOT LINE, REARNormally the lot line that is most distant from and most nearly parallel to the front lot line; except that, if a rear lot line is less than 15 feet long or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, which is parallel to the front lot line; and except that, in the case of either a through lot or a corner lot only, there shall be no rear lot line.
LOT LINE, SIDEAny lot line which is neither a front lot line nor a rear lot line.
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The minimum area of any lot, as required by this chapter,
shall be computed exclusive of any portion of the right-of-way of
any public or private street.
The distance between straight lines connecting the front
and rear lot lines at each side of the lot, measured at a right angle
to the line used in determining the lot depth at a distance equal
to the required minimum building setback (front building line) distance.
Land, buildings and structures devoted primarily to the maintenance
and storage of construction equipment and materials.
Businesses engaged in the mechanical or chemical transformation
of materials or substances into new products or engaged in the processing
or assembly of component parts of manufactured products, provided
that the new product is neither a structure nor other fixed improvement.
Any factory-built home which:
Is a non-self-propelled vehicle transportable in one or more
sections.
Is, in its traveling mode, eight feet or more in width or 40
or more feet in length.
Is built on a permanent chassis.
Is designated to be used as a dwelling unit, when connected
to the required utilities.
Shall be secured and attached to a permanent foundation after
having had its towing apparatus and wheels removed.
Bears a label which certifies that its construction is in full
compliance with the Federal Manufactured Housing Construction and
Safety Standards of 1974 (effective June 15, 1976).
After installation, is considered both a structure and real
property.
Any recreational boat docking and service facility for the
launching, mooring, servicing and/or storage (wet and dry) of recreational
boats and/or other water vehicles and also including the ancillary
sale of provisions, supplies and fuel. Such use may also include a
restaurant, ancillary boat and motor sales facilities and/or live-aboards.
See "clinic, medical."
Any facility that uses the drug methadone in the treatment,
maintenance or detoxification of a person; all such facilities must
be licensed by the Pennsylvania Department of Health or its successor,
and the definition for this facility is not included in the term "clinic,
medical."
[Added 9-27-2006 by Ord. No. 1509]
See "dwelling."
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.[6]
Conducting two of more different uses in one building or
on one lot.
Any non-self-propelled vehicle or trailer, which:
Is designed, constructed, reconstructed or added to by means
of accessories in such manner as will permit the use and occupancy
thereof for human habitation when connected to utilities.
Is resting on wheels, jacks, blocks or some other temporary
foundation.
Exceeds a gross weight of 4,500 pounds and an overall length
of 30 feet.
May or may not (for any reason) be in full compliance with the
Federal Manufactured Housing Construction and Safety Standards Act
of 1974.
Any site, or tract of land under single ownership, upon which
three or more mobile homes are parked and intended to be used for
habitation, either free or for a fee, including any roadways, structures,
vehicles or improvements which are used or are intended for use as
part of the park's facilities.
Any factory-built home, which:
Is certified as meeting the applicable modular home building
standards as adopted by the commonwealth.
Once certified, shall be subject to the same standards as site-built
homes.
Shall be secured and attached to a permanent foundation after
having had its towing apparatus and wheels, if any, removed.
After installation, is considered both a structure and real
property.
See "dwelling, multifamily."
Also referred to in this chapter as the "Planning Code" or
the "MPC." The Pennsylvania Municipalities Planning Code under Act
247 of 1968 (P.L. 805, as amended, 53 P.S. § 10101 et seq.).
Any public, private or quasi-public institution or building
intended for the acquisition, preservation, study and exhibition of
works of historical, artistic or scientific value.
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. No-impact home-based businesses shall be permitted
as an accessory use. The following regulations shall apply to all
no-impact home-based businesses permitted under the provisions of
this chapter. The business or commercial activity must satisfy the
following requirements:[7]
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 must 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 25% of the habitable floor area.
The business may not involve any illegal activity.
Lots, uses of land, structures, signs or any combination
thereof which do not comply with the applicable bulk and area, use,
sign, or other provisions of this chapter, but which lawfully existed
prior to the enactment of this chapter or its amendments hereafter
enacted.
Land, buildings, structures or any combination thereof designed,
used or intended for use in storing, cultivating or transplanting
live trees, shrubs, flowers or other plants offered for retail sale
on the premises, including products used for gardening, lawn care
or landscaping.
A facility which is licensed by the commonwealth, located
within a dwelling to provide room and board, skilled or intermediate
nursing care and related medical or other health care services to
five or more permanent residents, excluding facilities for acute care
or institutions for the care and treatment of mental illness, alcoholism
or narcotics addiction.
Any room, set of rooms, building or part thereof, or place
wherein business of a clerical nature is transacted as part of or
in support of any public or private profession, business or industry.
Any office which is not the principal use of the building
but which provides support services for the principal use.
Any building(s) which may be leased to one or more tenants,
each of which may use their respective space for any combination of
office, manufacturing, research and development and/or warehousing
uses, provided only that:
A minimum of 10% of the GFA in each individual building and
a minimum of 20% of the total GFA of all such buildings located in
the RDD (including any buildings in the RDD used only as offices)
shall be actually utilized as office space.
The front building facade for any such building shall be designed
and constructed as if the building were to be used solely for office
space.
If any such building or use has a loading dock or platform which
would otherwise be visible from any public street right-of-way north
of SR 837 (Eighth Avenue), it shall be screened from view by an approved
landscaped, earthen mound which is at least six feet in height.
All truck access to any manufacturing or warehousing use shall
be limited to the rear of any such building or, if the front of the
building does not face the public right-of-way, truck access may be
permitted on the side of such building not facing the public right-of-way;
provided, however, that if the project is to be completed in phases,
interim truck access shall be permitted from the rear and/or both
sides of such building until all phases of the project are complete;
and further provided that such areas are screened from public view
through berming or landscaping, with all berming removed upon completion
of the project.
"Front," for purposes of determining the front yard and front
building facade, shall mean that portion of the building which either
fronts on a public right-of-way or provides the main permanent source
of ingress and egress to the building, as identified in the building
plans submitted by the developer.
Any establishment which includes off-track betting, under
an approved license issued by the commonwealth, as either a principal
or accessory use, excluding dog- or horse-racing tracks of any kind.
An area substantially open to the sky which may be on the
same lot with a building. The open space area may include, along with
the natural environmental features, recreational features (e.g., water
areas, swimming pools, and tennis courts) and/or facilities and structures
that the Commission deems permissive, excluding streets, parking areas,
structures for habitation, and similar uses.
The Munhall Zoning Code or Zoning Ordinance; this chapter.
Any special purpose district described by the Zoning Map,
within which, through the superimposition or overlaying of a special
designation, special supplemental regulations and requirements apply
in addition to those of the underlying district.
Any lot, parcel of land or yard used regularly, in whole
or in part, for the off-street storage or parking of more than two
vehicles, where such usage is not an approved accessory use for a
one- or two-family dwelling.
For the purpose of this chapter, an "off-street parking space"
shall consist of an area having dimensions which are at least nine
feet wide and 19 feet in length; each such space shall be adequate
for parking an automobile with room for opening doors on both sides,
shall have access to a public thoroughfare with both the space and
its accessway having an adequate maneuvering area located totally
outside of any public right-of-way, and shall have an approved impervious,
hard, all-weather surface.
The Commonwealth of Pennsylvania's Department of Transportation.
A written agreement between a subdivider or developer with
the Borough, whereby the subdivider or developer posts a performance
or surety bond with the Borough for the estimated amount of the total
cost of construction, thereby guaranteeing the completion of the physical
improvements according to approved plans and specifications and within
the prescribed time period specified in the agreement.
The outer boundary of a development, site or area.
See "open space."
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
Any facility licensed by the commonwealth, located within
a dwelling, where room and board is provided to five or more permanent
residents who are mobile or semimobile and require specialized services
such as bathing, dressing, diet and medication prescribed for self-administration
for a period exceeding 24 hours, but who are not in need of hospitalization
or skilled or intermediate nursing care.
Any enterprise conducted for a fee which provides personal
services to the general public, such as shoe repair, watch repair,
dry cleaning (for pickup and delivery only), barber and beauty shops,
travel agencies and similar activities.
Any establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
of equipment required, costs and other information necessary prior
to undertaking full-scale manufacturing/production of a product or
commodity.
An area of land in which a variety of housing types, commercial
or industrial facilities are permitted in a preplanned environment
under more flexible bulk and area standards than those normally applied
under this chapter. The procedure for approval of such a development
contains requirements in addition to those of the standard subdivision,
such as building design principles and landscaping plans.
See "commission."
A roofed, open structure projecting from any wall of a building
and having no enclosed feature more than 30 inches above the floor
thereof, except awnings, screening or the columns necessary to support
the roof.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.[8]
Any building or structure in which is conducted the main
or principal use of the lot upon which said building or structure
is situated.
The main or principal use of the land or structures on the
land, as distinguished from a subordinate, ancillary or accessory
use of same.
Of or pertaining to any building, structure, use or activity
which is limited to members of an organization or to other persons
specifically invited as guests, and where no advertisement or other
inducement has been made to the general public.
An association organized and operated not for profit for
persons who are bona fide members paying annual dues, and which owns,
hires or leases premises, the use of which is restricted to such members
and their guests. The affairs and management of such an association
are conducted by a board of directors, executive committee, or similar
body which is chosen by the members. Food, meals and beverages may
be served on such premises, provided adequate cooking and dining room
facilities are available. Alcoholic beverages may be sold or served
to members and their guests, provided such service is secondary and
incidental to the promotion of some other common objective of the
organization, and further provided that such sale or service has been
properly licensed by the Commonwealth and is otherwise in full compliance
with other applicable local, state and federal laws.
See "garage, private."
Any accounting, general administrative, architectural, bookkeeping,
clerical services, dental, drafting, engineering, executive, insurance,
institutional, legal, medical, professional, real estate, research,
stenographic, veterinary medicine (excluding kennels) or writing and
editing office.
Of or pertaining to any building, structure, use or activity
owned, controlled by or undertaken by any duly authorized governmental
body.
Any publicly owned or operated park, school, library, administrative
and/or maintenance building, facility and/or structure; not including
public land, buildings or structures devoted solely to the storage
and maintenance of equipment and materials.
See "garage, public."
A formal meeting held pursuant to public notice by Council,
the Zoning Board or the Commission intended to inform the public and
to solicit public comments and input prior to taking action on a particular
issue in accordance with this chapter.
Any public meeting or forum held pursuant to public notice
under the "Sunshine Act" of July 3, 1986 (P.L. 388, No. 84).[9]
Notice published in a newspaper of general circulation in
the Borough in accordance with the procedures outlined under the MPC.
See "essential public services."
Any administrative, maintenance or service building or structure
operated by a public utility which does not meet the definition of
"essential service."
See "dwelling."
Any private or parochial school, private college or university,
or other similar facility of an educational, religious, charitable,
philanthropic or private nonprofit nature, and specifically excluding
church and hospital.
See "Industrial Districts, Riverfront Development District."
Any apparatus which transforms a signal (transmitted or relayed
from or through a satellite system, cable system, the open air wave
or some other source and received by a signal-receiving antenna system)
into a telephone, radio, television or data transmission signal.
Recreational areas designed for leisure and entertainment
which generally do not involve active participatory sports, but which
may include sitting and picnic areas, benches, tables, walkways, bikeways,
fishing areas or accessways, scenic vistas or overlooks, amphitheaters,
wildlife sanctuaries, landscaped areas, architectural features and
similar facilities.
Any land upon which two or more travel trailers, campers,
tents or other similar temporary seasonal recreational structures
and/or facilities are regularly accommodated with or without charge,
including any building, structure, facility or permanent fixture which
is related to and used or intended for use in providing such accommodations.
Any publicly owned land, building, facility or structure
used or intended for use in serving the passive or active recreational
needs of the general public, including parks, swimming pools, playgrounds,
playing fields and courts, and specifically excluding commercial recreation.
Any center for the acceptance and processing of recyclable
materials from the public, including glass or plastic containers,
aluminum or bimetal beverage cans or other containers, newsprint,
high-grade office paper and corrugated cardboard boxes, or paper,
where the processing shall be limited to separating, crushing, baling,
chipping, shredding, or other operations which physically reduce the
mass of materials but which do not alter their composition in any
way.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.[10]
Any establishment which carries on basic, applied, industrial
and/or scientific investigations and/or research, including laboratories
and testing facilities, in the natural, physical or social sciences
or engineering, and development and/or testing as an extension of
such research with the objective of creating end products and which
may include "pilot manufacturing" as an accessory use. The term also
includes medical laboratories where prosthetic devices or medical
equipment testing takes place exclusively on written work order of
a licensed member of the dental or medical profession, but excludes
other medical testing.
SINGLE FAMILYThe most restrictive residential use classification. The primary principal use on each lot is a one-family dwelling unit. Other permitted uses include churches, schools, recreational facilities, other essential public services and approved customary accessory uses. Other types of residential, industrial and commercial development and uses are excluded. This district may include more than one subdistrict.
TWO FAMILYA generally less-restrictive residential use classification than the single-family classification, with other permitted (principal and accessory) and excluded uses being generally the same as those for the single-family classification, except that row houses and two-family dwellings are also permitted.
MULTIFAMILYA generally less-restrictive residential use classification than the two-family classification, in which a variety of dwellings are permitted, including one- and two-family units and the following multifamily dwelling unit types: triplex, quadruplex, garden, townhouse and mid-rise units, whether separately or commonly owned. The other permitted (principal and accessory) uses are generally the same as those for the one-family classification.
GENERAL RESIDENTIALThe least-restrictive residential use classification, in which a variety of dwellings are permitted, including those permitted in the multifamily classification and high-rise apartments, whether separately or commonly owned.
RESIDENTIAL/PROFESSIONAL OFFICEA residential use classification which provides for a mix of residential, personal services and professional office uses, particularly in areas separating high-volume traffic corridors from residential neighborhoods. Uses generally include, but are not necessarily limited to, dwellings, accounting, architectural, bookkeeping, clerical services, dental, drafting, engineering, insurance, legal, medical, real estate, stenographic, veterinary medicine (excluding kennels) and writing and editing offices, photographers' studios, and personal services, limited to barbershops, beauty shops, travel agencies and watch repair shops. Financial institutions are expressly excluded from this classification.
Those activities customarily conducted in living quarters
in an urban setting and specifically excluding activities such as
the keeping of livestock or fowl, those which result in noise which
constitutes a nuisance in a residential area, and activities which
involve the storage in an open yard of unlicensed or inoperable motor
vehicles, vehicle parts, machinery or machinery parts, junk, refuse,
garbage, trash or scrap materials.
Any group of lots in the RDD containing primarily multifamily
dwellings and/or a mix of residential and commercial and/or business
uses.
Any establishment, other than an eating or drinking establishment,
located entirely within an enclosed building (except for temporary
outdoor sales as defined and authorized elsewhere under this chapter),
which sells goods, services or merchandise to the general public for
personal, household or office consumption, but not including wholesaling,
manufacturing or processing of the goods offered for sale.
Any temporary structure designed or used for the display
or sale of seasonal products, including agricultural products.
Any single-family dwelling unit which:
Any strip of land taken or dedicated for use as a public
way. In addition to the roadway, it normally incorporates the curbs,
lawn strips, sidewalks, lighting, landscaping, drainage facilities,
public utilities (above or below grade), and public traffic control
signage; may also include special features (required by the topography
or treatment), such as grade separation, additional landscaping, viaducts
and/or bridges.
Any facility used for the conduct of public safety and/or
emergency services, including police and fire protection services
and emergency medical (EMS) and ambulance services.
Any area wholly or partly in an open yard where scrap metal,
paper, rags, tires and/or other waste and/or used materials are bought,
sold, exchanged, stored, baled, packaged, disassembled or handled,
or where inoperable machinery or motor vehicles are collected, dismantled,
stored or sold as parts. Any use conducted entirely within an enclosed
building is not a salvage yard.
An antenna dish that is designed to receive direct-to-home
broadcast satellite service, video programming service by way of MMDS
(wireless cable) or local television broadcast signals, is one meter
(39.37 inches) or less in diameter or diagonal measurement, is mounted
on a mast no higher than 12 feet above a roofline, is not mounted
so as to block a means of egress for the purposed of ensuring public
safety, health and welfare, is mounted in a rear yard or upon the
rear portion of a roof unless otherwise necessary to establish line-of-sight
contact with a transmitter, and is forest green, dark brown or black
in color.
For purposes of determining the required number of off-street
parking spaces for certain uses, the number of seats shall be the
number of seating units installed or indicated or each 24 lineal inches
of benches, pews or space for loose chairs.
An establishment used for the protection of people and property.
A line established by this chapter, generally parallel with
and measured from a particular lot line, defining the limit(s) of
a yard, in which no structure, other than an approved accessory building,
may be located above ground, except as may be otherwise provided in
this chapter. See also "yard."
A licensed and accredited publicly or privately funded place
of instruction, having regularly scheduled sessions, employing certified
instructors, and meeting all of the requirements of Department of
Education for providing primary, secondary, vocational or postsecondary
education, but excluding commercial or business schools, as elsewhere
herein defined.
Decorative fencing, evergreen vegetation or a combination
of the two, which is designed and maintained for the purpose of concealing
from view the area behind same.
A group of four or more retail businesses developed as a
single entity, sharing a common design theme, and sharing a common
off-street parking area(s) and/or other common facilities.
That portion of the public street right-of-way outside the
cartway which is graded and improved with an approved all-weather
surface for use by pedestrian traffic.
Any visual communication display, object, device, graphic,
structure or part thereof situated outdoors, whether separate from
or attached to, painted on or displayed from a building or structure
in order to direct, attract attention to, announce or promote an object,
person, service, product, event, location and/or organization by means
of letters, words, designs, colors, symbols, fixtures, images or illuminations.
For purposes of removal, the term "sign" shall also include any and
all supporting sign structures. "Sign" shall not include any visual
communication display, object, device, graphic, structure or part
thereof which does not contain any component that promotes an object,
person, service, product, event, location, organization, etc., but
is intended solely for aesthetic purposes.
In determining the allowable sign area under this chapter.
For a sign with a frame or edge or for which the individual
components are mounted on a backboard and which consists of a single
side, sign face, section, channel letter and/or module, the allowable
sign area shall be measured along the outer limits of the edge, frame
or backboard for a sign, excluding the necessary supports or uprights
upon which the sign is placed.
For a sign which has no frame or edge and which consists of
a single side, sign face, section, channel letter and/or module, the
allowable sign area shall be the projected, enclosed, straight-line
geometric shape which most closely outlines the outermost limits of
the letters and/or graphics of said sign.
For a sign which has multiple sides, sign faces, sections, channel
letters or modules, each having a frame or edge, or a sign with no
frame or edge and which consists of multiple sides, sign faces, sections,
channel letters and/or modules, the aggregate area of the building
facade obscured by each side, sign face, section, channel letter and/or
module.
For freestanding signs in which both sides are the same, the
measurable sign area shall be the sign area on only one side of such
sign.
In determining the permissible sign area, the front building
facade to be used shall be either the facade of the building facing
the public right-of-way or the facade which includes the main source
of ingress and egress to the building, whichever permits the largest
sign area.
Any light, string of lights or group of lights located or
so arranged so as to cast illumination on a sign.
Any structure that is specifically intended for, designed
for, or used to support, frame, house, bracket, display or provide
the base for a sign.
Types of signs, as herein referenced, are defined as follows:
AWNING; CANOPY SIGNA sign consisting of individual cutout letters and/or symbols which are painted, stenciled or otherwise placed on a permanent awning or canopy.
SPECIAL ADVERTISING DISPLAYSAny banner, pennant, flag (other than the national colors, the flag of the commonwealth, etc.), balloons, streamers, wind socks, bunting or other similar item which serves as a temporary advertising display in any commercial or industrial district in the Borough. Displays of this type are generally prohibited, whether they are of a temporary or permanent nature and regardless of their design or the materials from which they are made.
CONSTRUCTION SIGNA temporary sign announcing the name of contractors, mechanics or artisans engaged in performing work on the premises only.
DEVELOPMENT SIGNEither:
DIRECTIONAL SIGNAny sign which is intended to assist pedestrians and/or drivers in locating a specific destination.
FLASHING OR ANIMATED SIGNAny illuminated sign on which the artificial light is not maintained stationary at a constant level of intensity and color at all times; time, temperature and/or approved public service signs which are otherwise in accordance with the bulk and area limitations and requirements of this chapter are excluded from this definition.
FREESTANDING SIGNAny detached (not attached to another structure) sign erected on a freestanding frame, base or poles and not attached to another structure, includes ground, monument, pylon and pole signs.
IDENTIFICATION SIGNAny sign indicating only the name of the individual or organization occupying the premises, the profession or the occupant, or the name and/or address of the building or management thereof. Identification signs may be either large identification signs or small identification signs. Large identification signs shall be no larger than 50 square feet. Small identification signs shall be no larger than 16 square feet.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light source, including reflecting or phosphorescent light.
MARQUEE SIGNAny sign placed on or under the edge of any canopy of permanent construction projecting from the wall of a building.
MEMORIAL OR HISTORIC PLAQUEAny commemorative plaque placed by the Borough, the county, the commonwealth or the federal government to identify locations with historical or local significance.
MENU BOARDAn exterior sign for drive-through customers.
OFF-PREMISES SIGNAny sign which provides information relative to an establishment, activity, person, product or service which is unrelated to or unavailable on the lot upon which said sign is situated.
OFF-PREMISES DIRECTIONAL SIGNAny sign which provides information relative to a business, commodity or service which is conducted, sold or offered elsewhere than on the premises where the sign is displayed.
ON-PREMISES SIGNAny sign which provides information relative to an establishment, activity, person, product or service which is related to or available on the lot upon which the sign is situated.
ON-PREMISES DIRECTIONAL SIGNAny sign which conveys instructions or directions with respect to the use of the lot or building upon which the sign is situated, including, but not limited to, signs which indicate street addresses and the availability of parking, telephones, rest rooms, direction of traffic flow, points of ingress/egress, and other conveniences for the general public.
OUTDOOR ADVERTISING SIGNSee "billboard."
POLITICAL SIGNA temporary sign which indicates the name, cause and/or affiliation of anyone seeking public office or which refers to a ballot issue relating to a scheduled public election in the Borough.
PORTABLE SIGNSAny portable sign or message board mounted on wheels, skids or a frame and designed to be movable and not anchored to the ground, whether leased or owned. Any such sign shall be limited to an area of not more than 24 square feet per sign face and more than two sign faces per sign. In addition, any proposed temporary use of such a sign shall be limited to a period not exceeding one thirty-consecutive-day period in any one calendar year and to not more than one sign per lot or per use, whichever is more restrictive. Any portable sign or message board proposed to be used for any period in excess of the time limitation for its temporary use shall be considered a permanent sign and shall be required to meet all of the limitations and restrictions for permitted signs in the district in which it is situated.
PROJECTING SIGNAny sign which projects a distance of not more than six feet from the exterior of a building.
REAL ESTATE SIGNAny temporary sign advertising the sale or rental of the premises. Any such sign may also bear the words "sold," "sale pending," "rented" or "open house" across its face.
SPECIAL EVENT SIGNAny temporary or portable sign whose sole purpose is advertising a special event.
TEMPORARY SIGNAny sign which is intended to identify or announce a short-term and/or temporary activity or use of the premises.
WALL SIGNAny sign attached to or erected against a wall of a building or other separate structure, with the face generally horizontal to the finished grade and parallel to the wall.
WINDOW SIGNAny sign or group of signs affixed to the inside of a display window in a commercial establishment which advertises a product or service available on the premises or which announces business hours or other information about the establishment.
WINDOW GRAPHIC SIGNAny permanent sign which is painted on or similarly applied to the inside or outside of a window.
See "historic structure or site."
See "dwelling, single-family."
The face of an embankment or cut section; any ground whose
surface creates an angle with the plane of the horizon. Slopes are
expressed as a percentage based upon vertical distance in feet per
100 feet of horizontal distance.
See "overlay district."
A construction or series of constructions placed for a foot
support to assist a person in ascending or descending from one level
or elevation to another.
Any small accessory structure, either wholly or in part enclosed,
serving as a storage facility for tools, equipment, supplies or other
similar materials for safekeeping.
That portion of a building between the surface of a floor
and the ceiling immediately above.
Any public way having a right-of-way width of no less than
40 feet between property lines on opposite sides designated for vehicular
and pedestrian traffic, whether or not designated as a street, highway,
parkway, road, avenue, boulevard, circle, lane, etc. For a definition
of types of streets, see also "thoroughfare."
The officially established grade of the street upon which
a lot fronts. The street grade shall be the existing street grade
where there is no officially established grade.
Any line defining the edge of any dedicated street right-of-way.
Any assembled, constructed or erected object having a fixed
or stationary location on or in land (the ground) or water, whether
or not it is affixed to the land (the ground), or an object attached
to something having a fixed location on land (the ground). Among other
things, the term "structure" includes buildings of all kinds, carports,
porches, decks, storage sheds or containers, freestanding posts or
pillars, manufactured or modular homes, walls, fences, billboards,
and/or other similar items, but excluding sidewalks, driveways or
in-the-ground patio surfaces.
The division or redivision of a lot, tract or parcel by any
means into two or more lots, tracts or parcels or other divisions
of land for sale, development or lease, but excluding the leasing
of land for agricultural purposes only into parcels of more than 10
acres, not involving any new street or easement of access or any residential
dwelling.
Any change in an approved land development plan which involves
or results in:
A change(s) in the means of ingress/egress.
An increase in dwelling unit density.
An increase in the required number of off-street parking and/or
loading spaces.
An increase of 10% or more in the total floor area of all buildings
originally proposed in the land development plan.
A use which was not originally proposed as part of a conditional
use, use by special exception, or permitted use application for approval
filed prerequisite to or concurrent with the land development plan.
Any retail establishment having more than 10,000 square feet
of floor area which, as its principal use or activity, sells food,
groceries, food-related products or household goods, and which may
include, but shall not be limited to, one or more of the following:
bakeries, pharmacies, video rentals, book, magazine and/or newspaper
sales, travel services, floral and plant sales, banking services (including
ATMs) or other customary accessory uses.
Any commercial establishment where building supplies, steel
supplies, coal, heavy equipment, feed and/or grain and/or similar
goods are wholly or partly stored in an open yard and/or offered for
sale, but not including salvage yards or junkyards.
Any man-made body of water, including a pool, pond, lake,
open tank or other container, whether indoors or outdoors, which is
used as a recreational facility for swimming, bathing, wading or fishing
and which has a depth at any point of 24 inches or more, and including
all structures, equipment and appurtenances incidental to any such
pool.
Any swimming pool exclusively used, without the required
payment of any additional charge for admission, by the residents and
guests of a single place of residence, a development or a community,
or the members and/or guests of a club, or the patrons of a motel
or hotel, and only where any such use is an accessory use.
Any swimming pool operated publicly or privately where a
separate admission fee may be charged and/or where such use is the
principal use.
Any freestanding telecommunications signal receiving, transmission
or relay tower which is used for receiving, transmitting or relaying
analog or digital radio, data or cellular telephone and/or television
signals.
Any structure or use which, by virtue of the type of material
used in its construction, or which, by virtue of its intended purpose,
is erected or located for not more than six months, including tents,
stands, construction trailers and/or other structures or uses of a
similar character.
Any indoor establishment, building or other facility of any
kind, whether or not a fee is charged for admission, devoted to the
display of motion pictures and/or live entertainment, including dramatic,
comedic or musical performances; any such establishment may include
one or more screens, a snack bar(s) and an amusement arcades, but
shall exclude any adult entertainment establishment.
Any outdoor theater in which patrons sit in their individual
private vehicles in a parking area, on the ground or in seats which
are provided by the proprietor, and which is generally open to the
sky and which may include stage areas; the screen upon which:
Is generally open to the sky.
May include stage areas, the screen upon which the file is projected,
ticket booths, a projection facility, rest room facilities, snack
bar(s) and/or other customary accessory uses or structures.
At no time may be defined as an "adult entertainment establishment"
under this chapter.
The full width of the dedicated right-of-way between property
lines bounding every public way of whatever nature with part thereof
being used for vehicular traffic, and designated as follows:
ALLEYA general term denoting any minor thoroughfare used primarily for vehicular service access to the rear or side of properties abutting on a street.
ARTERIAL STREETA general term denoting a dedicated public street which serves large volumes of long-distance traffic, usually on a continuous route. For a listing of the arterial streets in the Borough, see "arterial street."
COLLECTOR STREETA general term denoting a dedicated public street which, in addition to providing access to abutting properties or lots, intercepts local streets, provides a through or connecting route for nonresident traffic, and may carry considerable volumes of local traffic to and from other local streets, collector streets, arterial streets or community facilities. For a listing of the "collector streets" in the Borough, see "collector street."
LOCAL STREETA general term denoting any dedicated public street which is not otherwise classified as an alley, arterial or collector street. Types of "local streets" include the following:
CUL-DE-SACAny local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
DEAD-END STREETAny street which temporarily has only one end open to traffic and is usually intended to be extended or continued in the future.
LOOP STREETAny local street each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one-hundred-eighty-degree system of turns are not more than 1,000 feet from said arterial or collector street, and whose intersections with the arterial or collector street are normally not more than 600 feet from each other.
MARGINAL ACCESS OR FRONTAGE STREET OR ROADAny local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from the higher volumes of traffic on the parallel arterial or collector street.
See "lot types."
See "dwelling."
Any building or portion thereof used or intended for use
as an area for the ticketing, loading, unloading and/or interchanging
of transit passengers using public or private transportation, including,
without limitation, bus terminals, rail stations, taxi stands and/or
other mass transit facilities.
Any vehicular, portable structure or trailer built on a chassis,
designed to be used as a temporary dwelling for travel and recreational
purposes, and having a body width which does not exceed eight feet.
Any dwelling unit occupied on a short-term basis by persons
of any age assigned by a court of law or public or semipublic agency
responsible for the occupants' care, safety, conduct, counseling
and supervision for a specified period of time, including alcoholic
or drug recovery, shelters for battered adults and their children,
dependent or delinquent children, community reentry services following
incarceration or other court-ordered treatment, or other short-term
supervised assignments.
See "dwelling."
Any two-family dwelling in which both dwelling units share
one or more floors or stories of the building with the other unit.
For a definition of "two-family dwelling," see "dwelling."
See "dwelling."
For a definition of this term, see § 440-88C.
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Any specifically authorized use which may be granted only
by the Board in accordance with standards and criteria specified in
this chapter and after a public hearing.
Any modification of the strict terms and conditions of the
relevant regulations of this chapter by the Board in accordance with
the criteria specified in the MPC, where such modification will not
be contrary to the public interest and the spirit and intent of this
chapter, and where, owing to conditions peculiar to the property and
not the result of any action of the applicant, a literal enforcement
of the regulations would result in unnecessary or undue hardship.
See "clinic, veterinary."
A drawing or map drawn to scale which is to be submitted
with the plot plan or to be located on the plat, and which sets forth
by dimensions or other means the relationship of the proposed subdivision,
development or use to other nearby developments or landmarks and community
facilities and services within the general area, in order to better
locate and orient the area in question.
Any public way, four feet or more in width, designed and
intended for use as a pedestrian way only; whether or not along the
side of a street or roadway.
Any structure designed, intended for use as, or used for
the storage and handling of freight or merchandise, within an entirely
enclosed structure, but not including the maintenance or fueling of
commercial vehicles.
See "business, wholesale."
A required open space other than a court, unoccupied and
unobstructed by any structure or portion thereof from the ground upward,
except as otherwise provided herein.
The types of yards referenced in this chapter are as follows:
YARD, FRONTA yard normally extending between side lot lines across the front of a lot, from the front lot line to either the front of the principal building or the required building setback line; except that through lots or corner lots with frontage on more than one street, shall have a front yard along each side of the lot upon which the lot has street frontage.
YARD, REARNormally a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building; except that neither through lots nor corner lots shall have a rear yard.
YARD, SIDENormally a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the boundaries for the front and rear yards.
For purposes of this definition, any lot line not a rear or
front lot line shall be deemed a side lot line.
In the case of a through lot only, a side yard extends from
the principal building to the side lot lines on both sides of the
principal building between the lines establishing the boundaries for
the front yards.
In the case of a corner lot only, those yard areas not defined
as front yards and not having frontage on a street shall be designated
as side yards.
An arrangement of housing on adjoining lots in which the
required side yard is reduced on one side and increased on the other
so that the sum of the offsets on any lot is not less than the sum
of the required offsets. In a zero-lot-line development only, no building
or structure shall be closer to a lot line than five feet unless it
is placed directly on (immediately abuts) the lot line and is provided
with an access easement of five feet on the adjoining lot. The offset
adjacent to property not included in the zero-lot-line development
or a street shall not be less than that required under this chapter
for the district in which the property is located.
A certificate or document issued by the Zoning Officer stating
that the purpose for which a building or land is to be used complies
with all of the applicable requirements of this chapter for the zoning
district in which it is located.
The Munhall Zoning Code/Ordinance; this chapter.
Administrative areas within the Borough designating the uses
to which land can legally be utilized and for which the boundaries
are shown on the Zoning Map.
See "board."
The Official Map delineating the zoning districts of the
Borough, together with all amendments subsequently adopted. A part
of this chapter.[11]
The person designated by Council to administer and enforce
this chapter in conjunction with the various sections or articles
thereof defining said duties.
