[Ord. 378, 2/14/2005, § 201; as amended by Ord. 394, 6/11/2012, § I.C]
The following words and phrases shall have the particular meaning
specified for the purpose of this chapter:
ACCESSORY STRUCTURE
A building or structure which is on the same lot with, but
detached from, the principal building and which is customarily incidental
and subordinate to the principal building including, but not limited
to, minor garages, storage sheds, swimming pools, tennis courts, gazebos,
signs, fences and similar structures.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
ADJACENT
Immediately adjacent; sharing common property lines uninterrupted
by any public street, railroad or other right-of-way.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
computer generated or reproduced images or other image-producing devices
are maintained to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of "specified sexual
activities" or "specified anatomical areas."
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe "specified
sexual activities" or "specified anatomical areas."
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities."
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as adult bookstore or adult
video store. Such other business purposes will not serve to exempt
such commercial establishment from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe "specified sexual activities" or
"specified anatomical areas."
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ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
(1)
Persons who appear in the state of nudity.
(2)
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
(3)
Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas."
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, computer generated
or reproduced images or similar photographic reproductions which are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas."
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, computer generated
or reproduced images or similar photographic reproductions are regularly
shown which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of "specified anatomical areas" or "specified sexual activities."
ALLEY
A public thoroughfare that affords only a secondary means
of access to adjacent property and is not intended for general traffic
circulation.
APPLICANT
A landowner or developer who has filed an application for
development, including his heirs, successors and assigns, as the case
may be.
ARTERIAL STREET
A public street which serves large volumes of high speed
and long distance traffic. There are no streets classified as arterial
streets in the Borough.
ATTIC
A space or loft space between the roof and the ceiling of
the top floor.
AUTOMOTIVE SERVICE STATION
Any structure or land used for the dispensing, sale or offering
for sale at retail of any automobile fuels, oils or accessories, including
lubrication of automobiles and replacement or installation of minor
parts and accessories including major repair work, such as motor replacement,
body and fender repair, spray painting or welding, storage of automobiles
not in operating condition, and which may include retail facilities
for merchandise other than automobile related, such as lunches, refreshments,
groceries, and printed or electronically recorded material, whether
or not automobile fuel and oil receipts exceed that of the other retail
merchandise; and/or car wash facilities.
BASEMENT
A story partly below ground having one-half or more of its
height below the average level of the adjacent ground.
BASIC GRADE
The average elevation of the proposed grade line of the ground
at the front of the structure as shown on the construction plans;
in the case of a structure abutting the front property line, the elevation
of the curb in front of the center of the structure, or if there is
no curb, the elevation of the proposed grade line at the center of
the front lot line; in case no grade line is established the actual
existing grade of the traveled roadway shall apply.
BILLBOARD
Any off-premises sign which advertises an establishment,
activity, person, product or service which is unrelated to or unavailable
on the premises where the sign is located.
BOARD
See "Zoning Hearing Board."
BOROUGH
The Borough of Thornburg, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
Borough Council of the Borough of Thornburg, Allegheny County,
Pennsylvania.
BUFFER AREA
A landscaped area of a certain depth specified by this chapter
which shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material or an existing
natural barrier or constructed natural barrier which duplicates the
effect of the required buffer area.
BUILDING
A structure having a roof supported by columns or walls used
for the housing or sheltering of persons, animals or tangible personal
property.
BUILDING PERMIT
A document issued by Borough attesting that a proposal for construction meets all requirements of the Uniform Construction Code [Chapter
5, Part
1], allowing the approved construction to proceed.
BUILDING SETBACK LINE
The line within a property defining the minimum required
distance between the front of any building and the adjacent street
line. (see also "yard, front")
BUSINESS SERVICES
Establishments engaged in providing services to business
offices on a fee or contract basis including, but not limited to,
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services; but not including
the rental, sales or repair of vehicles or heavy equipment.
CAFETERIA or EMPLOYEE DINING ROOM
An eating establishment located within a business establishment
which is restricted to employees of the business establishment and
their invited guests.
CHURCH
See "educational, religious or philanthropic institution."
CLEAR SIGHT TRIANGLE
The triangular area formed by a diagonal line connecting
two points located on intersecting right-of-way lines (or right-of-way
line and the curb of a driveway), each point being that distance from
the intersection, and the two intersecting right-of-way lines (or
right-of-way line and a driveway) specified in the illustration in
Appendix 27-B.
COLLECTOR STREET
A public street which, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
Streets classified as collector roads in the Borough for the purposes
of interpreting this chapter are: Baldwin Road, Cornell Avenue and
Harvard Road.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas which may
be mounted on an existing building, an existing public service corporation
storage or transmission structure or an existing communications tower,
except for transmission and receiving devices licensed by the Federal
Communications Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS EQUIPMENT BUILDING
A manned or unmanned structure which contains the equipment
necessary to maintain and operate communications antennas and which
covers an area on the ground in excess of 200 square feet.
COMMUNICATIONS EQUIPMENT CABINET
An unmanned structure which contains the equipment necessary
to maintain and operate communications antennas and which covers an
area on the ground of no more than 200 square feet.
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform multi-point
or side-arm mounts and pipe mounts for microwave dish antennas.
COMMUNITY CLUB
An organization comprised mainly of residents of the neighborhood
in which it is located, the primary purpose of which is the advancement
of its members or of the community in recreation, education, cultural
or civic pursuits and activities.
COMMUNITY GARDEN
An area of land owned by the public that is made available
to the residents of a community on a seasonal basis for the growing
of flowers and vegetables.
COMPLETELY ENCLOSED BUILDING
A building which has continuous connecting walls and a roof
designed so that all the walls are solid from the ground to the roof,
containing no openings other than windows and doors.
CONDITIONAL USE
An authorized use which may be granted only by Borough Council
pursuant to express standards and criteria prescribed in this chapter,
after review and recommendation by the Planning Commission and public
hearing by Borough Council.
COUNTY
County of Allegheny, Pennsylvania.
DAY CARE CENTER
A facility licensed by the Commonwealth located in a building
which is not used as a dwelling unit for the care during part of a
twenty-four-hour day of children under the age of 16 or handicapped
or elderly persons.
DAY CARE HOME
A home occupation involving the care, on a regular basis,
during part of a twenty-four-hour day of not more than six children
under 16 years of age, excluding care provided to children who are
relatives of the operator and which is licensed or registered by the
Commonwealth.
DECK
Any uncovered outdoor living area, without a roof, in excess
of 24 square feet, constructed on or above the surface of the ground.
DENSITY
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
DEVELOPER
Any landowner or agent of such landowner who makes or causes
to be made an application for development.
DOMESTIC PETS
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure including, but not limited to, dogs and
cats, provided there is not a sufficient number to constitute a kennel,
as herein defined; hamsters, parakeets or canaries and similar small
animals or birds, but not including any exotic animals such as lions,
tigers, bears, ocelots or other feral cats or poisonous snakes, alligators,
monkeys or other animals normally found in a zoo; nor any horses,
pigs or other fowl or livestock customarily found on a farm.
DRIVEWAY
A private paved area which provides vehicular access to a
parking space, garage, dwelling or other structure.
DWELLING
Any building designed or used as permanent living quarters
for one or more families, but not including hotels, motels, dormitories,
bed and breakfast, assisted living facilities, nursing homes, personal
care boarding homes, group care facilities or an educational, religious
or philanthropic institution that includes residential facilities.
DWELLING UNIT
One or more rooms which are used as living quarters for one
family and which have permanent facilities for sleeping, kitchen facilities,
as well as separate sanitary facilities.
DWELLING, MULTI-FAMILY
A residential building or portion thereof containing three
or more dwelling units, including garden apartments and townhouses,
as defined herein.
DWELLING, SINGLE-FAMILY
A residential building containing one dwelling unit and which
is the only principal building on the lot.
DWELLING, TWO-FAMILY
A residential building containing two dwelling units, each
with a separate entrance directly to the outside, including double
houses and duplexes.
EASEMENT
An area of land within which certain rights are granted by
the owner for public or private purposes.
EDUCATIONAL, RELIGIOUS, PHILANTHROPIC INSTITUTION
Any facility operated by a government agency or its authorized
agency, a nonprofit organization or any other legal entity chartered
for the purpose of providing social services to the general public,
or a segment thereof; or regularly conducting worship services and
which may also include, as accessory uses, religious education, social
and recreational activities and administrative offices; or any school,
including a public or private elementary, middle or secondary school
or a private nursery school or pre-school having regular sessions,
with regularly employed instructors, teaching those subjects that
are fundamental and essential in elementary or secondary education
under the supervision of the Commonwealth of Pennsylvania; and that
may or may not include residential facilities for students or religious
leaders.
EROSION
The process by which the surface of the land is worn away
by the action of water, wind or chemical action.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies, of underground
or overhead cable TV, gas, electrical, steam or water transmission
or distribution systems, collection, communication supply or disposal
systems including poles, wires, mains, drains, sewers, pipes, conduit
cables, transmitters, 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
structures.
FAMILY
Either an individual, or two or more persons related by blood
or marriage or adoption; or a group of not more than four persons
not so related (not counting servants), living together and maintaining
a common household, or no more than five persons protected by the
provisions of the Fair Housing Act (42 U.S.C. § 3601 et
seq., as now or hereafter amended) living together in a supervised
group living arrangement and maintaining a common household. ("Family"
shall not include persons living together in any supervised living
arrangement who are not maintaining a common household or who are
not protected by the provisions of the Federal Fair Housing Amendments
Act.)
FENCE
A constructed barrier of any natural or man-made material
or combination of materials erected to enclose or screen an area of
land, but not including a retaining wall.
FLOOR AREA, GROSS
The sum of the horizontal areas of the several floors of
a principal building measured between the exterior faces of walls.
FLOOR AREA, NET
Gross floor area, less the stairways, elevators, halls, utility
and bathroom areas and mechanical rooms.
GARAGE
A building or portion thereof, used for the storage but not
repair or service of motor vehicles. A garage is not a service station.
(See "automotive service station.")
GARDEN APARTMENT
A multi-family residential building no more than three stories
in height containing three or more dwelling units which share a common
entrance to the outside, usually through a common corridor, balcony
or walkway and which dwelling units may have other dwelling units
either above or below them.
HARDSHIP
Physical circumstances or condition unique to the particular
property involved which preclude development in strict conformity
with the provisions of this chapter.
HEIGHT OF BUILDING
The vertical distance and the number of stories measured
from the basic grade to:
(1)
The highest point of the roof adjacent to the front wall for
flat roofs.
(2)
The deck line for mansard roofs.
(3)
The mean height between eaves and ridge, for gabled, hipped,
or gambrel roofs.
HEIGHT OF STRUCTURE
The vertical distance measured from basic grade around the
structure to the highest point of a structure, other than a building.
(See also "height of building.")
HOME GARDENING
The maintenance of a water garden or the raising of flowers,
fruits and vegetables for personal use and enjoyment on a residential
lot, not involving any sale or other profit-making activity.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use of a dwelling
for residential purposes and which involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pick-up,
delivery or removal functions to or from the premises in excess of
those normally associated with residential use.
KENNEL
Any household or establishment where more than four dogs
or more than six cats, or any combination of cats and dogs exceeding
six animals, who are more than six months old are kept, bred, trained
and/or boarded at any one time, whether for profit or not.
LAND DEVELOPMENT PLAN
A plan prepared in accordance with the application requirements of the Borough Subdivision and Land Development Ordinance [Chapter
22] for approval of a land development, as defined therein.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
LANDSCAPE SCREEN
Any combination of hedges, trees, shrubs or earth berms arranged
so as to create a continuous visual barrier.
LANDSCAPING CONTRACTOR
A retail business which includes the growing and/or selling
of flowers, plants, trees, shrubs and other natural flora and the
products which aid their growth and care and which may include one
or more of the following activities as accessory uses only: storage
of small amounts of decorative landscaping materials such as landscaping
ties, decorative rocks, marble chips, sandstone or limestone chips;
and/or the storage of small amounts of red dog, slag, sand or gravel
to be used in landscaping or preparation of driveways; and/or, shredding
or screening of topsoil; however, in no case shall any amount of asphalt
or cold patch be permitted to be stored or prepared on the site.
LANDSCAPING PLAN
A plan prepared by a registered landscape architect or registered
architect identifying each tree and shrub by size, type and scientific
name, the location of each, including a planting diagram and such
other diagrams or reports as are necessary to show the method of planting,
staking and mulching, grass seeding specifications and mixtures and
existing trees to be preserved.
LOADING SPACE
A portion of a lot used for the standing, loading or unloading
of materials or merchandise received or distributed by tractor-trailers.
LOT
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
LOT AREA
That area measured on a horizontal plane bounded by the front,
rear and side lot lines, exclusive of any area within a street right-of-way.
LOT COVERAGE
That percentage of the lot area covered by all principal
and accessory structures and impervious surfaces including, but not
limited to, decks, patios, walkways, parking pads, driveways and parking
areas.
LOT LINE, FRONT
That line which bounds the lot contiguous with the street
right-of-way line. (In the case of a corner lot or through lot, there
are two front lot lines.)
LOT LINE, REAR
That line which is generally opposite to the front lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot
line.
LOT OF RECORD
Any lot which, individually or as a part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Allegheny
County.
LOT WIDTH
The straight line distance between the points of intersection
of the building setback line with the side lot lines.
LOT, CORNER
A lot situated at and abutting the intersection of two streets,
having an interior angle of intersection not greater than 135°.
LOT, THROUGH
A lot, the front lot line and rear lot line of which abut
streets.
MAXIMUM EXTENT FEASIBLE
No feasible and prudent alternative exists, and all possible
planning to minimize potential harm has been undertaken.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINI-WAREHOUSE
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
MOTOR VEHICLE
A self-propelled device used for transportation of people
or goods over the streets and highways and licensed by the Commonwealth
as a motor vehicle.
NONCONFORMING LOT
A lawful lot, legally existing at the time of passage of
this chapter (or subsequent amendment), that does not comply with
the applicable lot area and lot width requirements of this chapter
for the Zoning District in which the lot is located by reason of the
adoption of this chapter or its subsequent amendment.
NONCONFORMING STRUCTURE
A lawful structure or portion thereof, legally existing at
the time of passage of this chapter (or subsequent amendment), that
does not conform to the terms of this chapter governing area, lot
coverage, height, yards, other characteristics of the structure, or
its location on the lot by reason of the adoption of this chapter
or its subsequent amendment.
NONCONFORMING USE
A lawful use of a structure or land, legally existing at
the time of passage of this chapter (or subsequent amendment), which
does not conform to the current use regulations applicable in the
Zoning District in which it is located by reason of the adoption of
this chapter.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
OCCUPANCY PERMIT
A separate permit required before occupancy of a dwelling
or other building is permitted. Occupancy is defined as taking possession
of, or using, any structure as an occupant, permanently or temporarily.
OFFICES, BUSINESS OR PROFESSIONAL
Any office of recognized professions, such as doctors, dentists
or other licensed medical practitioners, lawyers, architects, engineers,
real estate brokers, insurance agents and others who, through training,
are qualified to perform services of a professional nature and other
offices used primarily for accounting, corresponding, research, editing
or other administrative functions, but not including banks or other
financial institutions.
PARKING AREA
A paved area, other than a parking pad, street or alley,
used exclusively for the parking of motor vehicles, including parking
spaces and the aisles and driveways providing access to the parking
spaces.
PARKING AREA, PRIVATE
A parking area which is an accessory use on the same lot
owned and used by the tenants or owners of the lot only and their
invited guests.
PARKING AREA, PUBLIC
A parking area which is the principal use on the lot, available
for use by the general public for the parking of motor vehicles which
may be operated by either a public agency or private entity, whether
for profit or not.
PARKING GARAGE
A detached accessory building, or portion of a principal
building, for the parking or temporary storage of motor vehicles belonging
to occupants of the premises.
PARKING GARAGE, SHARED
One garage, or a group of attached garages arranged in a
row or surrounding a common means of access, restricted to and used
exclusively for the parking of motor vehicles by residents in the
immediate vicinity of its location.
PARKING PAD
A paved area, other than a driveway, on a residential lot
intended for the parking of one or more motor vehicles owned by the
owners or tenants of the lot, which is accessory to the principal
use of the lot.
PARKING SPACE
A portion of a garage or parking area designated for the
parking of one motor vehicle designed in accordance with the requirements
of this chapter.
PERMITTEE or LICENSEE
The individual, partnership, corporation, incorporated association
or other legal entity to whom a valid permit or license is issued
by the Borough in accordance with the terms of this chapter.
PERSON
An individual, proprietorship, partnership, corporation,
association, estate, trust or other legal entity.
PLANNING COMMISSION
The Planning Commission of the Borough of Thornburg, Allegheny
County, Pennsylvania.
PLOT PLAN
A drawing based on a property survey prepared by a registered
surveyor in the Commonwealth submitted in connection with an application
for approval under this chapter drawn accurately and legibly on durable
material showing compliance with all applicable requirements of this
chapter.
PORCH
An accessory structure attached to a dwelling constructed
either on or above the ground, with or without an enclosed foundation
and which has flooring that is impervious or is covered by a roof
or awning.
PRINCIPAL BUILDING
The building or buildings on a lot in which the principal
use or uses are conducted.
PRINCIPAL STRUCTURE
The structure or structures in which the principal use or
uses are conducted.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRIVATE
Owned, operated or controlled by any person, partnership,
corporation, association or entity other than a Federal, State, County
or local government agency.
PUBLIC
Owned, operated or controlled by a government agency, Federal,
State County or local.
PUBLIC BUILDING
Any structure owned or operated by a public body or agency,
which dispenses general services to the public, including municipal
buildings, community centers, libraries, road maintenance garages
and similar buildings.
PUBLIC HEARING
A formal meeting held pursuant to public notice, as defined
herein, by Borough Council or the 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 July 3,
1986, P.L. 388, No. 84, known as the "Sunshine Act," as amended.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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 PARK
A lot or parcel owned by a government agency (Federal, State,
County or local) devoted to passive and/or active recreation.
PUBLIC UTILITY
Any company or authority subject to the jurisdiction of and
control by the Pennsylvania Public Utility Commission.
PUBLIC UTILITY BUILDING OR STRUCTURE
Any administrative, maintenance or service building operated
by a public utility or any transmission facility of a public utility
which does not meet the definition of an essential service.
RECREATION, PRIVATE
An enterprise, the use of which is limited to members and
their guests, operated by an individual, association or corporation,
other than a public entity, whether or not for profit and whether
or not the facilities are advertised to the general public, including
either indoor or outdoor facilities for the pursuit of sports, recreation
and leisure activities, including, but not limited to, such establishments
as country clubs, golf course, sportsmen's clubs, golf practice
facilities, playing fields, tennis or racquet clubs, fitness clubs,
swimming pools and similar facilities.
RECREATION, PUBLIC
An enterprise operated by a public entity, available to the
general public, whether or not an admission fee is charged, including
either indoor or outdoor facilities for the pursuit of sports, recreation
or leisure activities, including, but not limited to, parks, playgrounds,
playing fields, golf courses, golf or batting practice facilities,
ice rinks, tennis courts, swimming pools, street hockey, basketball
courts and similar facilities.
RECREATIONAL VEHICLE
A single axle or multiple axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including, but not limited to: travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pick-up campers, horse
trailers, snowmobiles and all-terrain vehicles.
RESEARCH LABORATORY
Offices used for the investigation and refinement of scientific
knowledge, including the engineering and industrial application of
such knowledge, but not including the mass production of products
thus engineered. Commercial servicing or repair of commercial products
is not included nor is external display of any materials or products.
RIGHT-OF-WAY
An area of land reserved or dedicated for public or private
purposes to provide access across property of another.
SCHOOL
See "educational, religious or philanthropic organization."
SCHOOL, COMMERCIAL
A privately operated, for profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
SCREENING FENCE
A fence constructed so that the surface area is at least
80% opaque to obscure vision from one side of the fence to the other
and which may include solid or nearly solid fence members or other
opaque screening material inserted through the openings, excluding
cyclone fencing with vinyl inserts.
SECURITY ILLUMINATION
A minimum level of illumination necessary for safety of pedestrians
and vehicles in parking areas and around the outside of buildings
or structures.
SEMI-NUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex.
(2)
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center, as defined
herein.
SIGN
Any surface, fabric, device or structure bearing lettered,
pictorial or sculptured matter designed to convey information visually
and exposed to public view.
SIGN, SURFACE AREA OF
The smallest rectangle or other regular shape which encompasses
all of the letters, symbols and accompanying designs, together with
background on which they are displayed, but not including any supporting
structures. In computing the area of a double-faced sign, only one
side shall be considered. If a sign is comprised of more than two
sides, the area of each side shall be considered in calculating sign
area.
SLOPE
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise or descent in elevation
by the number of feet or horizontal distance, expressed as a percentage.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
(3)
Masturbation, actual or simulated.
(4)
Excretory functions as part of or in connection with any of
the activities set forth in Subparagraphs (1) through (3) above.
STORY
That part of any building, inclusive of basements, comprised
between the level of one finished floor and the level of the next
higher finished floor, or if there be no higher finished floor, then
that part of the building comprised between the level of the highest
finished floor and the top of the roof beams.
STREET
A public street, public easement, right-of-way, public highway,
public alley, public way or public road accepted or maintained by
a municipality, or open for travel and use by the public, whether
or not so accepted or maintained, including the entire area within
the right-of-way thereof.
STRUCTURAL ALTERATION
Any change in the support members of a building such as bearing
walls, columns, beams or girders; changes in the means of ingress
and/or egress; enlargement of floor area or height of a structure;
or relocation of a structure from one position to another.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION REGULATIONS
The Subdivision and Land Development Ordinance [Chapter
22] of the Borough of Thornburg, Allegheny County.
SWIMMING POOL
A container of water used for swimming or bathing purposes,
of any depth or size if wholly or partially sunk beneath adjacent
ground level. If erected above ground, the same shall be covered under
the terms of this chapter only if it has at least one dimension greater
than 15 feet, or is more than 36 inches in depth. As herein defined,
the term "swimming pool" shall be deemed to be a structure.
TEMPORARY CONSTRUCTION TRAILER
A mobile unit temporarily placed on a construction site to
provide temporary offices, storage or construction supervision on
the site during the time when a valid building permit or grading permit
is in effect.
TEMPORARY USE OR STRUCTURE
Any use or structure, other than a temporary construction
trailer, which may be a principal use on a lot or accessory to an
existing principal use on a lot intended to be used for six consecutive
months or less.
TOWNHOUSE
A multi-family residential building no more than 2 1/2
stories in height which contains at least three but no more than eight
dwelling units, each of which are separated from the adjacent unit
or units by a continuous, unpierced vertical wall extending from the
basement to the roof, each unit having independent access directly
to the outside and having no other units above or below it.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Any of the following:
(1)
The sale, lease or sublease of the business.
(2)
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
(3)
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
USE
Any activity, business or purpose for which any lot or structure
is utilized.
USE BY SPECIAL EXCEPTION
An authorized use which may be granted only by the Zoning
Hearing Board in accordance with express standards and criteria specified
in this chapter after public hearing.
VARIANCE
A departure from the strict letter of this chapter, as it
applies to specific properties, as authorized by the Zoning Hearing
Board in accordance with the standards specified in the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
VEHICLE RENTAL
The rental of automobiles, motorcycles and trucks under 26,000
pounds GVW, but not including any heavy equipment or any other vehicle
or equipment which is not classified as a "motor vehicle" under the
Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
VEHICLE SALES
The sales and servicing of automobiles, motorcycles and trucks
under 26,000 pounds GVW, but not including any heavy equipment or
any other vehicle or equipment that is not classified as a "motor
vehicle" under the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq.
WAREHOUSING AND DISTRIBUTION
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles.
WHOLESALE SALES
A business primarily engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public which includes the
warehousing of merchandise and which may include distribution of such
merchandise on the site of the principal business.
YARD
A required open space located on a lot which is unobstructed
by any portion of a principal structure other than certain projections
expressly permitted by this chapter.
YARD, FRONT
A yard extending across the full lot width and abutting the
front lot line. The depth measurement required by this chapter for
the front yard shall be the horizontal distance between the front
lot line and a line parallel or concentric thereto known as the building
line.
YARD, REAR
A yard extending across the width of the lot between the
side yards and adjacent to the rear lot line. The minimum depth measurement
required by this chapter shall be the horizontal distance between
the rear lot line and a line parallel thereto.
YARD, SIDE
A yard extending between the front yard line and the rear
yard line parallel to the side lot line. The minimum width measurement
required by this chapter shall be the horizontal distance between
the side lot line and a line parallel thereto.
ZONING DISTRICT
Geographic areas within the Borough in which the uses to which land can legally be utilized are designated and for which the boundaries are described in Part
3 and are shown on the Zoning Map which is part of this chapter.
ZONING HEARING BOARD
The Zoning Hearing Board appointed by Borough Council whose jurisdiction is specified in Part
13 of this chapter.
ZONING MAP
The official map delineating the Zoning Districts of the
Borough of Thornburg, Allegheny County, Pennsylvania, together with
all amendments subsequently adopted.
ZONING OFFICER
The designated official or an authorized representative appointed
by Borough Council whose duty it shall be to administer this chapter.
ZONING ORDINANCE
This chapter adopted by the Borough of Thornburg, including
all amendments to this chapter, now or hereafter enacted.