[Ord. 168, 7/10/1978, § 101]
This chapter shall be known as the "Leet Township Zoning Ordinance" and the map referred to herein and made part of this chapter shall be known as the "Leet Township Zoning Map."
[Ord. 168, 7/10/1978, § 102]
No building or structure shall be used, located, erected, constructed, altered, enlarged or moved, nor shall any building, structure or land be used or designed to be used except in full compliance with all of the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
[Ord. 168, 7/10/1978, § 103]
In interpreting and applying the provisions of this chapter, the provisions shall be held to the minimum requirements for the promotion of public health, safety, morals and general welfare of the Township of Leet. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling. Uses of land, buildings or structures not clearly permitted in the various zoning districts are prohibited. Unless a proposed use can clearly comply with the provisions of this chapter, or should there be any ambiguity or absence of the standards in this chapter pertaining to an accessory use or a special exception, such use shall not be permitted.
[Ord. 168, 7/10/1978, § 105; as amended by Ord. 260, 3/11/1996, § 27-104; and by Ord. 2016-01, 3/14/2016]
Certain words used in this chapter are defined below. The words so defined for all purposes of this chapter and all ordinances amending or supplementing same, shall have the meaning herein specified unless otherwise expressly stated. The singular shall include the plural, and the plural the singular; words used in the present tense shall include the future; the word "person" includes a firm, association, partnership, company or corporation; and the word "shall" is mandatory, not permissive.
- ACCESSORY BUILDING
- A building subordinate to the main building on a lot used for purposes customarily incidental to those of the main building.
- ACCESSORY USE
- A use on the same lot with and customarily incidental to a permitted use. In a residential district, the term "accessory use" shall not include a business or parking or storage of commercial equipment on the premises other than within a garage or residence, but may include home occupations when such home occupation does not disturb the peace or tranquility that existed prior to the commencement of the home occupation. An accessory use shall not include any use or activity which is specifically prohibited.
- Any entity or person that applies for a wireless communications
facility building permit, zoning approval and/or permission to use
the public right-of-way, Township-owned land, or other property.[Added by Ord. 2016-07, 11/14/2016]
- APPLICATION FOR DEVELOPMENT
- Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
- AREA, BUILDING
- The total of areas taken on a horizontal plane at the main grade level of the main building and all accessory buildings exclusive of uncovered porches, terraces and steps.
- The space enclosed by the foundation or ground floor wall of a building partly below the average level of the adjacent ground. A basement shall not be counted as a story for the purposes of height measurement unless one-half or more of its volume is above the average level of the adjacent ground.
- Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
- Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or any other property.
- BUILDING, PUBLIC
- Any structure owned or operated by a municipality, municipal authority or agency thereof. Water towers and stand pipes shall not be permitted in residential areas.
- A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
- The mounting of one or more communications antennas on an
existing communications tower or on any structure that has been approved
by the Township to support at least one communications antenna.[Added by Ord. 2016-07, 11/14/2016]
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
- COMMUNICATIONS ANTENNA
- Any antenna and related equipment attached to a wireless
support structure. Communications antennas shall not include support
structures for antennas or any related equipment that is mounted to
the ground or at ground level. This definition shall not include any
antenna owned and/or operated by a federally licensed amateur operator.[Added by Ord. 2016-07, 11/14/2016]
- COMMUNICATIONS TOWER
- Any structure that is constructed for the primary purpose
of supporting one or more communications antennas, including, but
not limited to, self-supporting lattice towers, guy towers and monopoles.
Distributed antenna system hub facilities, which are mounted on new
poles, are considered to be communications towers. A communications
tower shall not include towers and supportive structures for amateur
purposes, including, but not limited to, ham and citizens band radios
maintained and/or utilized by federally licensed amateur radio operators.[Added by Ord. 2016-07, 11/14/2016]
- A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such structures being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchens are available.
- Engaging in a business, enterprise, activity or other undertaking dealing with the public for profit.
- Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter 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 the county and judicial district wherein the Township lies.
- The area of a lot or group of lots computed exclusive of any portion of the right-of-way or any road divided by the number of families housed on the lot or group of lots.
- Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
- (1) The Board of Commissioners.
- (2) The Zoning Hearing Board.
- (3) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
- Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
- DEVELOPMENT PLAN
- The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
- A condition that:[Added by Ord. 2016-07, 11/14/2016]
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground sewage, gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, and overhead electrical and electronic systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including office buildings or maintenance depots.
- One or more persons occupying a premises and living as a single housekeeping unit, including not more than two roomers or boarders.
- Federal Communications Commission.[Added by Ord. 2016-07, 11/14/2016]
- HEIGHT OF A COMMUNICATIONS TOWER
- The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.[Added by Ord. 2016-07, 11/14/2016]
- HOME GARDENS
- The growing of garden products and food substances on the property for home use and consumption by the owner or the lessor of the property.
- A building or part thereof used for the medical, obstetrical, surgical, osteopathic or chiropractic care, on a 24-hour basis, of four or more patients. "Hospital," wherever used in this chapter, shall include general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals and any such facilities providing in-patient care.
- An establishment for the commercial breeding or boarding of dogs and cats.
- LAND DEVELOPMENT
- Any of the following activities:
- (1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
- (b) 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.
- (2) A subdivision of land.
- (3) "Land development" does not include development which involves:
- (a) The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
- (b) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.
- (c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- LOT AREA
- The portion of a horizontal plane bounded by the front, side and rear lot lines.
- LOT OF RECORD
- An area of land designated as a lot on a plot of subdivision or described on a deed duly recorded or registered pursuant to statute with the Recorder of Deeds of Allegheny County.
- Any industrial processing, including those listed under light manufacturing, which is not obnoxious or offensive by reason of smoke, fumes, odor, gas, dust, glare, noise or vibration, which does not constitute a public hazard by fire prohibited under § 27-108.
- MANUFACTURING, LIGHT
- The processing, cleaning, servicing, testing, repair or storage of material, goods or products of these types: beverages, confections, cream, all foods, products (exclusive of meat and fish packing), ceramics, clothing, plastics, electrical goods, furniture, hardware, tools, dies, patterns, scientific instruments, toys, cosmetics, tobacco products, drugs, products from the following previously prepared materials: wood, glass, textiles, cork, leather, bone, horn, shell, fur, feathers, hair, rubber, paper, metal, when conducted wholly within an enclosed structure.
- MOBILE HOME
- A transportable, single family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
- MOBILE HOME LOT
- A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
- MOBILE HOME PARK
- A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
- MUNICIPAL AUTHORITY
- A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945," or the "Municipality Authorities Act," Act of June 19, 2001, P.L. 287, No. 22, § 1, 53 Pa.C.S.A. § 5601 et seq.
- NONCONFORMING LOT
- A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
- NONCONFORMING STRUCTURE
- A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
- NONCONFORMING USE
- A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
- NURSING HOME
- A building or part thereof used for the lodging, boarding and nursing care, on a 24-hour basis of four or more persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person. "Nursing home," wherever used in this chapter, shall include nursing and convalescent homes and infirmaries or homes for the aged.
- OFF-STREET PARKING SPACE
- A private parking space whether or not enclosed, located off the right-of-way of any public or private road, and measuring not less than 10 feet wide and 20 feet long.
- PLANNED RESIDENTIAL DEVELOPMENT
- An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
- PUBLIC GROUNDS
- PUBLIC HEARING
- A formal meeting held pursuant to public notice by the Board of Commissioners or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
- PUBLIC MEETING
- A forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
- PUBLIC NOTICE
- Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
- PUBLIC PARKING AREA
- An open off-street area other than a private road or way (with adequate means of access), available to the general public for the parking of automobiles.
- RECREATIONAL VEHICLE
- A vehicle designed for overnight living or camping purposes, capable of being towed by a motor vehicle or being self-propelled, and having an overall width not more than eight feet. This will include, but not be limited to, travel trailers, motor homes, truck type campers, van conversions and tent camping trailers.
- RECREATIONAL VEHICLE PARK
- An area where one or more recreational vehicles can be or are intended to be used as temporary or semipermanent living facilities of one or more families and intended primarily for automobile transients.
- RELATED EQUIPMENT
- Any piece of equipment related to, incidental to, or necessary
for the operation of a communications tower or communications antenna.
By way of illustration, not limitation, related equipment includes
generators and base stations.[Added by Ord. 2016-07, 11/14/2016]
- 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.
- RESIDENTIAL-CUSTODIAL CARE FACILITY
- A building, or part thereof, used for the lodging or boarding of four or more persons who are incapable of self-preservation because of age, or physical or mental limitation. This includes facilities such as homes for the aged, nurseries (custodial care for children under six years of age) and mentally retarded care institutions. Day care facilities that do not provide lodging or boarding for institutional occupants are not covered in this section.
- The entire right-of-way of a public or private street or highway or of a private road providing access to two or more properties.
- A sign, billboard, description or illustration which is affixed to or painted upon a building, structure or piece of land.
- SPECIAL EXCEPTION
- A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
- STEALTH TECHNOLOGY
- Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure, and facilities constructed to resemble trees, shrubs, flagpoles,
and light poles.[Added by Ord. 2016-07, 11/14/2016]
- STREET LINE
- The dividing line between a lot and a public street, road or highway legally open or officially plotted by the Township or between a lot and a private street, road, or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.
- Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
- SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
- A modification to an existing wireless communications facility
that changes the physical dimensions of a communications tower or
base station if it meets any of the following criteria:[Added by Ord. 2016-07, 11/14/2016]
- (1) For a communications tower outside the public rights-of-way:
- (a) It increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater;
- (b) It protrudes from the edge of the wireless communications facility by more than 20 feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater.
- (2) For a communications tower in the public rights-of-way:
- (a) It increases the height of the facility by more than 10% or 10 feet, whichever is greater;
- (b) It protrudes from the edge of the structure by more than six feet;
- (c) It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
- (d) It entails any excavation or deployment outside the current site of the communications tower; or
- (e) It does not comply with conditions associated with prior approval of construction or modification of the communications tower, unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
- SUBSTANTIALLY COMPLETED
- Where in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
- SUPPLY YARD
- A commercial establishment storing or offering for sale building supplies, including light wood fabricating and woodworking; steel supplies; heavy equipment; feed and grain; and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
- TRANSFERABLE DEVELOPMENT RIGHTS
- The attaching of development rights to specified lands which are desired by the Township to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands within the Township where more intensive development is deemed by the Township to be appropriate.
- Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S §§ 10601 et seq., 10901 et seq.
- Plant life in general.
- WATER SURVEY
- An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township.
- Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).[Added by Ord. 2016-07, 11/14/2016]
- Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.[Added by Ord. 2016-07, 11/14/2016]
- WIRELESS COMMUNICATIONS FACILITY (WCF)
- The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.[Added by Ord. 2016-07, 11/14/2016]
- WIRELESS SUPPORT STRUCTURE
- A freestanding structure, such as a communications tower
or any other support structure that could support the placement or
installation of a wireless communications facility, if approved by
the Township.[Added by Ord. 2016-07, 11/14/2016]
- An open space at grade between a building and the adjoining lot lines or street lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
- YARD, FRONT
- A yard extending across the full width of the lot and abutting the front lot line. The required minimum depth of the front yard shall be the horizontal distance between the front lot line and a line parallel thereto known as the front line of the building area of the lot.
- YARD, REAR
- A yard extending between the side yards of the lot and abutting the rear lot line. The required minimum depth of the rear yard shall be the horizontal distance between the rear lot line and a line parallel thereto known as the rear line of the building area of the lot.
- YARD, SIDE
- A yard extending between the rear line of the front yard and the rear lot line and abutting the side lot line. The required minimum width of the side yard shall be the horizontal distance between the side lot line and a line parallel thereto known as the side line of the building area of the lot.
[Ord. 168, 7/10/1978, § 106]
No more than one single-family dwelling shall be located on a zoning lot nor shall a single-family dwelling be located on the same zoning lot with any other main building.
[Ord. 168, 7/10/1978, § 107]
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
[Ord. 168, 7/10/1978, § 108]
No residences shall be permitted in the Manufacturing District or in the Commercial District, except where authorized as a special exception.
[Ord. 168, 7/10/1978, § 109]
The following uses shall be prohibited in any district:
Junkyards (auto, steel, scrap, iron, refuse, etc.).
Dumping of any debris, garbage, etc.
Kennels (dog, cat, goat and various domestic animals, etc., except where otherwise noted).
Garbage or refuse disposal plant.
Mobile homes, mobile home parks, recreational vehicles, recreational vehicle parks, except as specified otherwise herein.
Parking of trucks, trailers or any commercial vehicles 1 1/2 ton rated capacity or larger or, in the absence of a rated capacity weighing more than 8,000 pounds on the lots or grounds of any residence.
Placing or permitting recreational vehicles on a residential lot except where garaged or adequately screened from all public streets and adjacent properties.
Under any conditions, the storing and parking overnight in any residential district or in any Commercial or Manufacturing District, except in conjunction with the permitted commercial or manufacturing use of the property, of commercial equipment including trucks, 1 1/2 ton capacity or larger, tandems, tractor-trailers, tractors, or other commercial or construction and cargo moving vehicles or equipment.