[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.
A building subordinate to the main building on a lot used
for purposes customarily incidental to those of the main building.
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]
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.
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.
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]
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.
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]
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:
The Board of Commissioners.
The Zoning Hearing Board.
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.
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.
SINGLE-FAMILYA building, on a lot, designed with culinary and sanitary facilities and occupied exclusively as a residence for one family.
TWO-FAMILYA building, on a lot, designed with separate culinary and sanitary facilities and occupied exclusively as a residence for two families.
MULTIPLE DWELLING OR APARTMENTA building, on a lot, designed with separate culinary and sanitary facilities and used exclusively as a residence for three or more families, not including attached or row houses, which are not intended to be referred to when such multiple dwellings are permitted.
A travel trailer, motor vehicle, recreational
vehicle or bus on wheels, shack, covered foundation or similar makeshift
abode shall not be interpreted to be a dwelling.
TOWN HOUSESingle-family homes, each attached by a common party wall to a similar home next to it.
A condition that:
[Added by Ord. 2016-07, 11/14/2016]
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]
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]
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.
Any of the following activities:
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 tenure.
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 subdivision of land.
"Land development" does not include development
which involves:
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.
The addition of an accessory building, including
farm building, on a lot or lots subordinate to an existing principal
building.
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.
The portion of a horizontal plane bounded by the front, side
and rear lot lines.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Includes:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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]
For a communications tower outside the public rights-of-way:
It increases the height of the facility by more than 10%, or
by the height of one additional antenna array with separation from
the nearest existing antenna, not to exceed 20 feet, whichever is
greater;
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.
For a communications tower in the public rights-of-way:
It increases the height of the facility by more than 10% or
10 feet, whichever is greater;
It protrudes from the edge of the structure by more than six
feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the communications tower; or
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.
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.
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.
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.
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]
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]
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.
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.
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.
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]
1.Â
The following uses shall be prohibited in any district:
A.Â
Junkyards (auto, steel, scrap, iron, refuse, etc.).
B.Â
Dumping of any debris, garbage, etc.
C.Â
Kennels (dog, cat, goat and various domestic animals,
etc., except where otherwise noted).
D.Â
Garbage or refuse disposal plant.
E.Â
Mobile homes, mobile home parks, recreational vehicles,
recreational vehicle parks, except as specified otherwise herein.
F.Â
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.
G.Â
Placing or permitting recreational vehicles on a residential
lot except where garaged or adequately screened from all public streets
and adjacent properties.
H.Â
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.
