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WHAT?
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What land uses are being regulated by this chapter? The Borough of Mount Oliver Zoning Ordinance defines the land uses
that are permitted and terms associated with the regulations of those
land uses within the Borough.
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For the purposes of this chapter, the following rules of usage
and interpretation shall apply, unless the context indicates otherwise.
In the interpretation of this chapter, the provisions and rules of
this chapter shall be observed and applied, except when the context
clearly requires otherwise.
1.
Words used in the present tense include the future. The singular
number includes the plural and the plural the singular.
2.
The word "building" includes "structure" and any part thereof.
3.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," or "occupied for."
4.
The word "person" includes an individual, corporation, partnership,
incorporated association or any other similar entity.
5.
The words "includes" and "including" shall not limit the term to
the specified example, but are intended to extend its meaning to all
other instances of like kind and character.
6.
When a word or phrase is not specifically defined in this chapter,
or referenced in another ordinance, then the common meaning of the
word or phrase, or the definition contained in Webster's Dictionary,
most current version, shall apply.
The following words and phrases shall have the meanings given
in this section, as follows:
A detached, subordinate building on the same lot with the
principal building or structure, the use of which is clearly incidental
to the principal structure or use of the lot.
A detached, subordinate structure on the same lot with the
principal building or structure, the use of which is clearly incidental
to the principal structure or use of the lot, including accessory
buildings.
A use conducted on the same lot as a principal use to which
it is related; a use which is clearly incidental to, and customarily
found in connection with a particular principal use.
An adult bookstore/video store, adult live theater, adult
movie theater or movie house or adult nightclub, as defined herein.
ADULT BOOKSTORE/VIDEO STOREAny commercial establishment in which more than 5% of the inventory offered for sale or rental to the public consists of books, publications, films or other media which depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATERAny commercial establishment which features on a regular basis live shows for public viewing in which all or some of the performers are displaying nudity or engaging in sexual conduct as defined herein.
ADULT MOVIE THEATERAn enclosed building or structure offering video presentations or other visual media distinguished or characterized by an emphasis or matter depicting, describing, or relating to sexual activities or nudity, for observation by patrons within private viewing booths.
ADULT NIGHTCLUBAny establishment which serves food and/or beverages, including private clubs, whether or not the consumption of alcoholic beverages is allowed on the premises, which offers entertainment, either live or recorded, which exhibits nudity or sexual conduct, as defined herein, or which provides service by wait persons who exhibit nudity or sexual conduct, as defined herein.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and involves some form of monetary compensation to be paid
for the alcohol or for the use of the premises.
Small-scale agricultural activities conducted on a lot or
site in conjunction with an authorized principal use.
Agricultural activities intended primarily for the growing
of crops and in which no livestock, poultry, or other farm animals
are kept or raised. Limited agricultural uses are intended to allow
for the growing of agricultural products on vacant lots or properties
as a permissible principal use.
Alterations include but are not limited to the following:
all incidental changes in or replacements to the nonstructural parts
of a building or other structure, minor changes or replacements in
the structural parts of a building or other structure.
An open circular or oval building with a central space surrounded
by tiers of seats for spectators for the presentation of dramatic,
music, or sporting events.
An establishment that is completely enclosed, to which the
public is permitted or invited, wherein coin-operated or slug operated
amusement devices commonly known as "pinball machines," "video games,"
"jukeboxes" and other electrical devices are operated for entertainment.
A facility where animals, mostly dogs and cats, are housed
for short periods of time for the purpose of brushing, clipping, and
cleaning them on a commercial basis. Animal groomers do not include
medical or surgical treatment or overnight boarding.
A facility where stray, lost, abandoned or surrendered animals,
mostly dogs and cats, and sometimes sick or wounded wildlife, are
kept and rehabilitated.
A room or building for the display or sale of works of art.
A use involving the creation, display, and sale of such as
paintings, sculptures, and fabric crafts. This use may be permitted
within a home occupation, provided the requirements for such use are
met.
A facility designed to provide individual dwelling units
for elderly persons who are independently mobile and are not in need
of the level of service provided by a personal care boarding home,
where there is on-site supervision and assistance available to the
residents on an occasional "as needed" basis, and where at least one
meal each day is provided in a common dining area; and which includes
certain design features associated with the needs of the elderly which
are not customary in the construction of conventional dwelling units,
such as emergency call systems, handicapped facilities, common dining
facilities, common laundry facilities, minimal housekeeping services,
common leisure and recreational facilities, transportation service
and similar supporting services for the convenience of the residents.
A building, or part thereof, used for the servicing and repairing
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires, and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside an enclosed building.
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles.
A place where bread, cakes, and other baked goods are made
and sold to the public.
A permanent structure specifically designed and constructed
for an assemblage of persons and including catering facilities, for
the purpose of hosting weddings, receptions, and other gatherings.
A place of assembly, other than a dwelling unit, including
private clubs, which may offer food, drink, and entertainment, either
live or recorded, and characterized by low light levels and closely
packed tables, whether or not the consumption of alcoholic beverages
is permitted or allowed on the premises. A nightclub may also operate
as a restaurant during all or part of its hours of operation.
An enclosed area partly or completely below grade, which
shall be considered a building story if more than 1/3 of the walls
are five feet or more above exterior grades.
A dwelling that is the principal residence of the operator,
where no more than three sleeping rooms are offered to transient overnight
guests for compensation, and where the only meal served and included
with the overnight accommodations is breakfast. Such temporary lodging
would normally be for a few nights only and does not exceed two weeks
(14 nights) at one time.
A sign that conveys information regarding an establishment,
an activity, a person, a product, or a service that is unrelated to
or unavailable on the premises on which the sign is located.
All references to the Board are to "The Zoning Hearing Board"
of the Borough of Mount Oliver.
A lodging house at which meals are provided.
Borough of Mount Oliver, Allegheny County, Commonwealth of
Pennsylvania.
A landscaped area of a certain depth that shall be planted
and maintained in trees, grass, ground cover, shrubs, bushes or other
natural landscaping material or an existing natural or constructed
natural barrier, as required by this chapter.
Any permanent structure having a roof supported by columns
or by walls erected permanently and intended for the shelter, housing
and/or enclosure of persons, animals or other property.
A line established on the Front Yard Setback Map, in Appendix
B,[1] defining the minimum required distance between the face
of any structure to be erected and an adjacent public street or right-of-way.
The size of buildings or other structures and their relationship
to each other, to open areas, such as yards, and lot lines, including
the size, height and floor area of building or other structure; the
relation of the number of dwelling units in a residential building
to the area of the lot (usually called density); and all open areas
in yard space relating to buildings and other structures.
A small, informal restaurant serving coffee and light refreshments.
A commercial structure where chains, conveyors, blowers,
steam cleaners, or other mechanical devices are used for the purpose
of washing motor vehicles and where the operation is generally performed
by an attendant.
A commercial structure where washing, drying, and polishing
of vehicles is on a self-service basis without the use of chain conveyors,
blowers, steam cleaning or other mechanical devices, and there is
generally no attendant present.
A business establishment where the principal use is legal
gambling activities and that may also include a restaurant or nightclub
as an accessory use.
An area set apart for or containing graves, tombs, or funeral
urns.
A vertical structure incorporated into a building and enclosing
a flue or flues that carry off smoke; the part of such a structure
extending above a roof.
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.
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, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
A semipublic or privately maintained institution devoted
exclusively to a variety of group activities, including civic, social,
fraternal, recreational, educational and/or cultural, and maintaining
the premises and facilities appropriate to such activities; provided,
however, that the use of such premises shall not include living quarters
for persons other than those engaged in the conduct and/or maintenance
of the institution.
A community garden is any piece of land gardened by a group
of people, utilizing either individual or shared plots on private
or public land.
An authorized use, which may be granted only by Borough Council
pursuant to express standards and criteria contained in this chapter
after review and recommendation by the Planning Commission and after
conducting a public hearing pursuant to public notice.
A facility used for corporate or professional meetings, seminars
and/or employee training and which may include supporting dining and
lodging facilities and related recreational facilities as accessory
uses.
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, excavation, paving, land
development and related services on a contractual basis and which
may include the accessory storage of materials, equipment and vehicles,
provided all materials, equipment and vehicles are stored within a
completely enclosed building.
An establishment which may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, excavation, paving, land development and related
services on a contractual basis, but which involves the outdoor storage
of materials, equipment and vehicles used in the business.
A retail establishment which offers a limited selection of
grocery, household and personal items for quick purchase and which
may include the dispensing of gasoline.
A dwelling unit or units created from a larger existing residential
dwelling that was not originally designed or intended to be more than
a single unit, whether entirely from the existing structure or by
building additions or combinations thereof.
A lot bounded on at least two sides by streets.
Any federal, state, county, local, quasi-public or private
facility designed to confine, house or hold inmates accused or convicted
of criminal activity who are assigned and/or committed by any court
and who are housed, held or confined in lawful custody, including,
but not limited to, the detention, treatment, rehabilitation or execution
of offenders through a program involving penal custody, parole and
probation.
All references to the Council are to the Borough Council
of The Borough of Mount Oliver.
Allegheny County, Commonwealth of Pennsylvania.
An establishment containing a furnace designed to cremate
or reduce to ashes human or animal remains of the deceased.
A facility, licensed by the Commonwealth of Pennsylvania,
located within a building which is not used as a dwelling unit, for
the care of the elderly and/or functionally impaired adults for an
apportion of a twenty-four-hour day.
A facility licensed by the commonwealth, located within 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
functionally impaired or elderly persons.
A facility licensed by the commonwealth, located within a
dwelling, for 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 provider. The premises
must be the full-time residence of the owner of the operation and
must be in compliance with all applicable provisions and requirements
of the most recent editions of the Building Code, Residential Code
and Fire Code as adopted by the Borough. Such use shall be secondary
to the use of the dwelling for living purposes and persons who do
not reside in the dwelling shall not be employed.
The facility shall be registered with or licensed by the commonwealth.
Proof of this valid license shall be provided to the Borough prior
to the Borough's issuance of a zoning occupancy permit for the
use. Copies of this valid license shall also accompany the annual
operating report to be filed with the responsible Police Department
and Borough Fire Departments.
To the extent that those picking up and/or dropping off their
children do so by use of vehicles, adequate provision for off-street
parking shall be provided and/or sufficient on-street parking must
be available, as determined by the Borough Council, so as not to result
in traffic congestion, facilitate traffic movement, and provide for
maximum safety and protection on the abutting residential streets.
A flat floored roofless area adjoining a house.
An establishment engaged in the production, storage and distribution
of goods, products, cargo and materials, including shipment by boat,
rail, air or motor vehicle.
Animals or birds 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 defined herein; hamsters; gerbils; parakeets; canaries; and similar
small animals or birds, excluding any exotic animals including, but
not limited to, lions, tigers, bears, ocelots or other feral cats,
large or poisonous snakes, alligators, monkeys or other animals normally
found in a zoo; nor any horses, pigs, chickens or other fowl or livestock
customarily found on a farm.
A cinema structure consisting of a large outdoor movie screen,
a projection booth, a concession stand and a large parking area for
vehicles from which customers can view movies.
Any principal or accessory use which involves a window, service
lane, bay or other facility where customers are provided services
either inside or outside their vehicles; and where cars may or may
not wait in line to access these services, including, but not limited
to, "drive-in or drive-through windows at fast food restaurants or
other businesses, exterior automated teller machines (ATMs), quick
oil change facilities, car washes and similar automotive services
and other such facilities.
A private paved area leading from a street or other thoroughfare
to a building, house, garage, or parking area.
One or more rooms in a residential building which are used
as living quarters for one family. A dwelling unit shall have permanent
facilities for sleeping, cooking and eating.
The maximum number of dwelling units authorized per gross
acre.
A residential building or portion thereof containing three
or more dwelling units.
A residential building containing one dwelling unit and which
is the only principal building on the lot.
A residential building containing two independent dwelling
units, separated from one another by continuous vertical walls, each
having a separate entrance, and which is the only principal building
on the lot.
An eating establishment located within a business establishment,
which is restricted to employees of the business establishment and
their invited guests.
An establishment providing completely enclosed recreation
activities, including theaters, games, courts, video arcades, billiards,
bowling, play equipment, batting cages, or similar entertainment facilities.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supply or disposal systems.
A retail establishment that is typically outdoors or partially
enclosed at which fruit, vegetables, breads, eggs, milk, cheese, meat,
honey, flowers, and the like are sold by persons who typically grow,
harvest, or process such items from their farm or agricultural operation.
A natural or man-made barrier of any material, other than
shrubbery or a retaining wall designed and approved in accordance
with the Borough Grading Ordinance,[2] erected for purposes including protection, screening,
confinement, enclosure or privacy.
Banks, savings and loan associations and similar institutions
that lend money or are engaged in a finance-related business.
A building in which firefighting apparatus is contained and
from which fire department personnel operate.
The cutting or harvesting of live or dead, standing or fallen
trees for cordwood, for timber, for pulp or for any commercial purpose,
when practiced in accordance with accepted silviculture principles,
excluding the clearing of trees by the landowner for his own use,
clearing for the development of building sites as part of an approved
subdivision, land development or building permit, clearing for farming
operations or selective removal of individual trees, which are dead,
damaged, diseased or constitute a danger to neighboring properties
or the general public.
A building used for the preparation and embalming of deceased
human beings for burial, but not including cremation, and for the
display of the deceased and ceremonies connected therewith before
burial or cremation.
An area of land, together with any structure thereon, used
for the retail sale of motor fuel and lubricants and incidental services,
such as lubrication and handwashing of motor vehicles, and the sale,
installation or minor repair of tires, batteries or other automobile
accessories, but not including such major repairs as spray painting,
or body, fender, axle, frame, or major engine overhaul or recapping/retreading
of tires.
An office of any federal, state, or local government or agency.
A retail business, which includes the growing and selling
outdoors or inside a structure of flowers, plants, trees, shrubs and
other natural flora and the products, which aid in their growth and
care, but not including on-site storage of landscaping materials in
quantities used by a landscaping contractor.
A retail establishment that primarily sells food items.
A facility operated by a governmental agency, its licensed
or certified agents or any other responsible nonprofit social services
corporation that provides room and board and specialized social, health
and rehabilitative services on a twenty-four-hour basis to permanent
residents who are not included in the "protected classes" covered
by the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.),
including twenty-four-hour supervision by staff qualified by the licensing
or sponsoring agent.
A group care facility may include:
More than eight residents who are in the "protected classes"
covered by the Federal Fair Housing Act (42 U.S.C. § 3601
et seq.);
Any number of permanent residents who are dependent and/or delinquent
children under the age of 18 adjudicated by the court system;
Persons assigned by a court of law or public or semipublic agency
on a short-term basis for supervision, care and counseling for a specified
period of time, including alcoholic recovery, shelters for battered
persons and their children, community reentry services following incarceration
and other such transitional and/or supervised short-term assignments.
Staff shall be qualified by the sponsoring agency, who may or
may not reside at the facility, and who provide health, social and/or
rehabilitative services to the residents. The services shall be provided
only by a governmental agency, its licensed or certified agents or
any other responsible nonprofit social services corporation, and the
facility shall meet all minimum requirements of the sponsoring agency.
A dwelling unit where not more than eight permanent, unrelated
residents of any age who are included in the "protected classes" covered
by the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.)
who are in need of supervision and specialized services live together
sharing common living areas. There may also be no more than two caretakers
on any shift, who may or may not reside in the dwelling and who provide
health, social and/or rehabilitative services to the residents. The
service shall be provided only by a governmental agency, its licensed
or certified agents or any other responsible nonprofit social services
corporation, and the facility shall meet all minimum requirements
of the sponsoring agency. A group home does not include persons assigned
by a court of law or public or semipublic agency on a short-term basis
for supervision, care and counseling for a specified period of time,
including alcoholic recovery, shelters for battered persons and their
children, community reentry services following incarceration and other
such transitional, and/or supervised short-term assignments.
The vertical distance measured from the average elevation
of the proposed finished grades at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs, provided that chimneys, spires, towers, mechanical
penthouses, tanks, and similar projections of the building not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
An accessory use of a service character, conducted entirely
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not, in any
way, change the residential character of the dwelling.
A business or commercial activity administered or conducted
as an accessory use, which is clearly secondary to the use as a residential
dwelling, and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, or pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
No on-site parking of commercially identified vehicles shall
be permitted. This does not preclude short-term parking of common
carrier vehicles, such as USPS, UPS, etc., in conjunction with delivery
of supplies or shipment of product.
The business activity may not generate any solid waste or sewage
discharge in volumes or type which is not normally associated with
residential use in the neighborhood.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
The business shall employ no employees other than members residing
in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to parking, signs or lights.
An establishment which has an organized medical staff and
provides equipment and services primarily for inpatient care to persons
who require definitive diagnosis or treatment, or both, for injury,
illness, pregnancy or other disability, but not including narcotics
addiction or those found to be criminally insane.
A building containing rooms intended or designed to be used
or that are used, rented, or hired out to be occupied or that are
occupied for sleeping purposes by guests. Hotels have a common reception
area on premises which is staffed 24 hours a day where clients check
in to obtain access to a room.
A building designed or intended for worship where individuals
or a group of people, such as a congregation, come to perform acts
of devotion, veneration, or religious study; for example, temples,
churches, synagogues and mosques. Accessory uses may include rectories,
convents, schools, day care facilities, cemeteries or any combination
thereof.
A facility designed to provide individual dwelling units
for persons who are independently mobile and not in need of supervision,
but which includes certain design features associated with the needs
of the elderly which are not customary in the construction of conventional
dwelling units, such as emergency call systems, handicapped facilities,
common dining facilities, common laundry facilities, minimal housekeeping
services, common leisure and recreational facilities, transportation
services and similar supporting services for the convenience of the
residents.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building of used and discarded
materials, including, but not limited to, wastepaper, rags, metal,
building materials, house furnishings, machinery, vehicles, or parts
thereof, or other scrap or discarded goods or materials, with or without
the dismantling, processing, salvaging, recycling, sale or other use
or disposition of the same. The deposit or storage on a lot of two
or more unlicensed, wrecked or disabled vehicles, or the major part
thereof, shall be deemed to constitute a "junkyard."
Any household or other establishment where more than four
dogs or more than six cats, who are six months or older, are kept,
bred, trained or boarded at any one time, whether for profit or not.
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 amount 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.
A business that provides home-type washing, drying or ironing
machines or dry-cleaning machines for hire to be used by customers
on the premises.
A place in which literary, musical, artistic, or reference
materials (such as books, manuscripts, recordings, or films) are kept
for use but not for sale.
Temporary furnished room or rooms rented in another's
house for sleeping and/or living accommodations.
Any tract or parcel of land described in a deed or other
instrument recorded pursuant to the laws of the commonwealth, which
is or may be occupied by a principal building and its accessory uses
or buildings, if any, together with the open space required by this
chapter.
The area of a lot measured on a horizontal plane bounded
by the front, rear and side lot lines of the lot. No part of a lot,
which is also part of a public street, road, alley, or legal right-of-way,
shall be included in determining the area of a lot.
That percentage of the lot covered by all buildings on the
lot, including sun parlors, foyers, porches, breezeways, projecting
eaves, gutters, awnings, steps, patios and so on. Swimming pools shall
not be included in the calculation of lot coverage.
The line contiguous with the street line.
The line generally parallel to the front lot line, which
defines the rear of the lot.
Any lot line which is not a front lot line or a rear lot
line.
The distance between the side lot lines measured along the
front yard building setback of the lot.
See "mobile home."
LIGHT MANUFACTURINGThe assembly, processing or production of finished products, not involving the use of any raw materials or any hazardous materials, as regulated by the PA Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (US EPA), including, but not limited to, communications equipment and services; computer components and accessories; dolls, toys and sporting goods; electrical parts, accessories and equipment; electronic components, accessories and equipment; jewelry and musical instruments; laboratory apparatus; machinery, equipment and supplies; metal fabrication and machining; office machines and equipment; optical instruments and products; precision instruments; printing, publishing, shipping, packaging, mailing and distribution; and similar products and services.
HEAVY MANUFACTURINGThe assembly, processing, production, forging or fabrication of products from raw materials, including any process using hazardous materials, as regulated by the PA Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (US EPA).
Any establishment where human patients are examined and are
treated by or under the care and supervision of doctors, dentists,
or other medical practitioners, but where patients are not hospitalized
overnight.
The use of the premises by a person, corporation, partnership,
association, trust, or other entity, or any combination thereof, holding
a permit issued by the Commonwealth of Pennsylvania Department of
Health, to dispense medical marijuana pursuant to the Medical Marijuana
Act (Act 16, Pennsylvania Law 84, No. 16).[3]
The use of the premises by a person, including a natural
person, corporation, partnership, association, trust or other entity,
or any combination thereof, holding a permit issued by the Commonwealth
of Pennsylvania Department of Health, to grow and process medical
marijuana, or as otherwise defined in any subsequent amendments to
the Medical Marijuana Act, Act 16 of 2016.[4]
A place where medical or dental diagnosis, evaluation, and
treatment is prescribed or provided where patients are not provided
with room or board, or kept overnight on the premises.
An establishment for carrying on investigation in the natural,
physical and social sciences, which are directly related to the provision
of health services to the general public, but not including any manufacturing
or new product development.
A facility licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance, or detoxification
of persons.
A small, usually independent brewery that produces limited
quantities of specialized beers. A microbrewery provides for the retail
sales of the beer at the location where it is produced. A microbrewery
may also include a tasting room and restaurant in conjunction with
the use.
A small, often boutique-style distillery established to produce
beverage grade spirit alcohol in relatively small quantities, usually
done in single or small batches. A microdistillery provides for the
retail sales of the distilled beverage at the location where beverages
are distilled. A microdistillery may also include a tasting room and
restaurant in conjunction with the use.
A residential building containing at least four stories,
which are no more than 45 feet in height, but no more than seven stories,
which are no more than 80 feet in height.
A structure transportable in one or more sections, which
is built on a chassis, and is designed to be used as a dwelling unit,
with or without permanent foundation, when connected to required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. A mobile home is intended to be occupied
as a dwelling complete, including major appliances, often furniture,
and contains sleeping accommodations, a flush toilet, an enclosed
tub or shower bath, kitchen facilities, and interior plumbing, heating
and electrical systems meeting the requirements of the Borough, county
and state regulations pertaining to building construction for human
habitation.
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, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership, which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A radio antenna consisting of a single, often straight, element.
A permanent marker set by a land surveyor to mark or reference
a point on a property or land line, which is permanently marked or
tagged with the certificate number of the land surveyor setting it.
A building, or a group of buildings, having units containing
sleeping accommodations, which are available for temporary rental
occupancy by transients, accessed directly from the outside and providing
sufficient off-street parking facilities adjacent or convenient thereto.
A self-propelled conveyance with wheels and a motor, such
as a car or truck, for use on roads to move people and property.
An institution devoted to the procurement, care, study and
display of objects of lasting interest or value.
A piece of land protected and managed to preserve its flora
and fauna.
A building or structure or part of a building or structure,
manifestly not designed to comply with the applicable use provisions
of this chapter or amendment thereto, where such building or structure
lawfully existed prior to the enactment of this chapter or amendment
thereto. Nonconforming structures include, but are not limited to,
nonconforming signs.
Any lot which does not comply with the applicable area and
bulk provisions of this chapter or amendment thereto, where such lot
was lawfully in existence prior to the enactment of this chapter or
amendment, or prior to the application of such chapter or amendment
to its location by reason of annexation.
Any use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
thereto, where such use was lawfully in existence prior to the enactment
of this chapter or amendment thereto, or prior to the application
of such chapter or amendment to its location by reason of annexation;
however, no existing use shall be deemed nonconforming solely because
of the existence of less than the required off-street parking or loading
conditions, or the existence of less than the required supplementary
regulations, excluding signs.
The showing of the human male or female genitals, pubic areas
or buttocks, with less than a fully opaque covering, or the showing
of the female breasts with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
An institution licensed by the commonwealth for the care
of human patients requiring either skilled nursing or intermediate
nursing care or both levels of care.
A paved, open off-street area, accessory to the principal
use of the lot containing two or more parking spaces, including the
aisles and/or driveways which provide access to the parking spaces.
Any office of a corporation, partnership or sole proprietorship
used primarily for the conduct of the business, including accounting,
corresponding, research, editing or other administrative functions,
but not including banks or other financial institutions and not including
any manufacturing or processing or storage of machinery or heavy equipment.
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant or underground field, including one or more natural gas compressors,
associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials,
such as ethane, propane, butane, and other constituents or similar
substances, from natural gas to allow such natural gas to be of such
quality as is required or appropriate for transmission or distribution
to commercial markets, but not including facilities or equipment that
is designed and constructed primarily to remove water, water vapor,
oil, or naturally occurring liquids from the natural gas.
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration associated with an oil
or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of associated equipment and activities associated with the
exploration for and production of oil and gas. An oil and gas well
includes the pierced or bored hole drilled or being drilled in the
ground for the purpose of, or to be used for, producing, extracting
or injecting gas, oil, petroleum or another liquid related to oil
or gas production or storage, including brine disposal and injection
wells.
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 the development, not including
streets, off-street parking areas, driveways and areas set aside as
public grounds.
A parcel or parcels of land owned by the Commonwealth of
Pennsylvania, Allegheny County, or the Borough of Mount Oliver that
is dedicated specifically for outdoor use for open space and passive
and active recreation purposes. A park shall also include land that
is dedicated as part of a land development specifically for the use
as a park, open space, and active and passive recreation. A park shall
not include a commercial recreation facility.
A building that provides space for parking of personal vehicles.
A business that loans money on deposit or pledge of personal
property or other valuable thing on condition of selling the same
back again at a stipulated price.
A facility licensed by the commonwealth, located within a
dwelling, where room and board is provided to more than three permanent
residents, 62 or more years of age, who are not relatives of the operator,
and who are mobile or semimobile and require specialized services
in such matters as bathing, dressing, diet and medication prescribed
for self-administration for a period exceeding 24 consecutive hours,
but who are not in need of hospitalization or skilled or intermediate
nursing care. Twenty-four-hour supervision shall be provided by staff
qualified to meet the licensing requirements.
Any enterprise providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including, but not limited to, shoe repair, tailoring, clothes
cleaning, watch repairing, barbershops, beauty parlors and related
activities.
A retail store where medicines are compounded or dispensed.
The main structure or structures on a lot in which the principal
use or uses are conducted.
The single primary or predominant use to which a property
is or may be devoted and to which all other uses on the property are
accessory.
Of, or pertaining to, any procedure, establishment, or grounds
limited to members of an organization or to other persons specifically
invited or permitted, where no advertisement or inducement has been
made to the general public.
Any establishment operated by a private organization for
social, recreational, educational, fraternal or sororal purposes,
which is open only to members and their invited guests and not to
the general public.
A one-story building or an integral part of a dwelling used
for storage of not more than four motor vehicles, and used either
by the owner or tenant of the lot on which it is erected, for a purpose
accessory to the principal use of the lot.
Leisure-time activities, including, but not limited to, sports
and entertainment, that are open to anyone without restriction except
for rules and standards of conduct and use.
A multifamily building, containing only four dwelling units
in one structure, each of which has two walls exposed to the outside
and each unit shares two common walls with adjoining units which are
placed at right angles to one another, rather than in a row, and which
units have no other units above or below which share common floors/ceilings.
An enterprise operated for profit in a completely enclosed
building, which offers amusement or entertainment to the general public,
including, but not limited to, movie theaters, bowling alleys, indoor
skating rinks, video or amusement arcades, billiard parlors, dance
halls, indoor sports complexes and similar facilities.
A public facility or park for the outdoor pursuit of leisure
activities, including but not limited to sports and recreation, such
as playing fields, courts, play equipment, trails, and similar facilities.
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, pickup campers, horse
trailers, snowmobiles, jet skis, Waverunners, motorcycles, and all-terrain
vehicles.
Any establishment which carries on investigation in the natural,
physical or social sciences, or engineering and development as an
extension of such investigation, with the objective of creating end
products, and which may include pilot manufacturing as an accessory
use where concepts are tested prior to full-scale production.
Dwelling unit(s) located in the same building with a professional
office, business office, retail store or other commercial use, where
the dwelling units are not located on the first floor of the building.
An establishment which offers food and beverages for sale
and consumption either on the premise or off the premises as a principal
use, and which may serve alcoholic beverages for consumption on the
premises as an accessory use.
A restaurant with or without a drive-through, where the food
is primarily brought to and consumed within a patron's vehicle.
An outdoor seating area may be provided.
The selling of commodities and/or services on the premises
directly to consumers, but not including any on-site manufacturing
or processing of any products or any wholesale sales of products.
Retail sales consistent of contiguous building area greater
than 5,000 square feet.
Retail sales up to 5,000 square feet of contiguous building
area.
The total width of any land reserved or dedicated to use
as a street, alley, crosswalk or other public purpose.
A place of instruction, having regular sessions, with regularly
employed instructors and meeting all of the requirements of the Pennsylvania
Department of Education for providing primary, secondary, vocational
or postsecondary education, but not including commercial schools.
Any building or grounds or portion thereof used exclusively
for profit-making education purposes or uses attendant to the education
of children or adults.
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 by the general
public for a specified period of time for the dead storage of personal
property.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent road right-of-way or property line.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions of acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be female, breasts.
An accessory building used to store lawn and garden tools
and equipment and other personal property of the residents of a dwelling
on the same lot, but not including any motorized vehicles, except
that residential riding mowers are permitted.
An accessory building or other accessory structure used to
protect or confine domestic pets owned by the residents of the dwelling
on the same lot, excluding fenced runs or kennels as defined by this
chapter.
One or more retail store(s) and other authorized uses in
the zoning district in which it is an authorized use, developed as
a single entity on a site, whether developed at one time or in phases
or by different owners.
The act of offering temporary living quarters and/or meeting
rooms within a dwelling unit by the owner or lessee for a negotiated
price to a house guest with or without the mediating use of a rental
housing exchange agency.
The dwelling must be the permanent address of the owner or lessee,
and the owner or lessee must occupy the dwelling for at least six
months of the calendar year. The owner shall register with the Borough
of Mount Oliver as a short-term rental.
The short-term rental shall not permit more than two persons
to occupy one bed.
Any noise caused by the houseguests that disturbs the neighboring
dwellings shall not be permitted and if the houseguest is convicted
for any disturbance of the peace, the house owner or lessee shall
not be permitted to continue to offer short-term rentals.
The short-term rental shall provide parking in accordance with the parking regulations contained in § 260-603.
An inpatient health care facility with the staff and equipment
to provide skilled care, rehabilitation and other related health services
to patients who need nursing care, but do not require hospitalization.
Electric power system for supply, transmission and consumption
of electric power, through the use of hydro, solar, natural gas, coal,
or geothermal fuel source that, produces less than 50 Kilowatts in
power.
An authorized use which may be granted only by the Zoning
Hearing Board in accordance with express standards and criteria.
The safekeeping of goods in a depository (as in a warehouse).
A building, other than a private garage or parking garage,
used for the storage of motor vehicles or other material and equipment.
Any vehicle or transportable structure, which is enclosed
and mounted on wheels, and is used as a conveyance on streets, drawn
by its own or other motive power, intended to carry materials, equipment
or other vehicles, but which is not intended for human occupancy,
and which is used without permanent foundation as an accessory structure
for the storage of goods and materials directly related to the principal
use(s) of the lot.
As a principal use, a storage yard is an otherwise vacant
lot or parcel that is used to store construction equipment, vehicles
and/or construction materials. Materials and/or equipment within a
storage yard are not offered for commercial sale or accessible to
the public. See also "supply yard."
That portion of a building, other than the basement (as defined),
included between the surface of any floor and the surface of the floor
next above it, or, if there is no floor above it, then the space between
the floor and the ceiling next above it.
Any way, whether public or private, used or intended to be
used by vehicular traffic and pedestrians, including avenue, boulevard,
road, highway, freeway, parkway, lane, alley, thoroughfare or viaduct.
The visual elements along a street, including, but not limited
to, sidewalks, pedestrian amenities, street furniture, street trees
and landscaping, open space, and similar improvements, that combine
to form the street's character.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Establishments engaged in the display and sale of music,
art or photography products and supplies and which may include training
of individuals or groups of students for a fee.
As an accessory use, a supply yard shall include the portion
of a lot or parcel that is not occupied by a building and is used
for the display and/or sale of building materials, construction equipment
and/or goods associated with the permitted principal use. Supply yards
do not include the storage and sale of vehicles. See also "storage
yard" and "vehicle sales."
As a principal use, a supply yard is an otherwise vacant
lot or parcel that is not occupied by a building and is used for the
display and sales of building materials, construction equipment and/or
goods typically stored outdoors for sale to the public. Supply yards
do not include the storage and sale of vehicles. See also "storage
yard" and "vehicle sales."
Retail sales or personal services or business services for
the convenience of the employees and visitors to an office park, including
but not limited to a newsstand, travel agency, florist shop, card
and gift shop, restaurant or delicatessen or coffee shop, sale of
office supplies, copy service and similar facilities.
A body of water in an artificial or semiartificial receptacle
or other container, whether located in or out of doors, in-ground
or aboveground, used as a recreational facility for swimming, bathing
or wading, and having a depth at any point of more than 18 inches
or a surface area of more than 100 square feet, including the equipment
necessary to maintain the swimming pool and the healthful condition
of the water.
An establishment in which tattooing is carried out professionally.
Any structure which is erected to be in place for not more
than 12 months, including, but not limited to, tents, air-supported
structures, bleachers, portable bandstands, reviewing stands, mobile
office units, construction trailers, sales offices for lots or dwelling
units or other structures approved for construction.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis, but
not including an outdoor drive-in theater or adult movie theater.
A residential building consisting of at least three and no
more than 10 attached dwelling units, separated from one another by
continuous vertical walls, without openings from basement to roof
and having diverse architectural facades or treatment of material
and with not more than three adjoining units having the same front
yard setback.
An area of land typically developed for a compatible mixture
of residential units for various income levels and nonresidential
commercial and workplace uses, including some structures that provide
for a mix of uses within the same building. Residences, shops, offices,
workplaces, public buildings and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact and oriented toward
pedestrian activity. It has an identifiable center and a discernible
edge. The center of the neighborhood is in the form of a public park,
commons, plaza, square or prominent intersection of two or more major
streets. Generally, there is a hierarchy of streets laid out with
an interconnected network of streets and blocks that provides multiple
routes from origins to destinations and are appropriately designed
to serve the needs of pedestrians and vehicles equally.
A facility where the principal use is servicing, repair and
storage of trucks and other motorized equipment and trailers and which
may provide warehousing and transfer facilities as an accessory use.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure or on a tract of land.
A land use not included in the chart of authorized land uses
as determined by the Borough Zoning Officer.
A land use not included in the chart of authorized land uses
but comparable to other uses permitted in a zoning district, as determined
by the Borough Zoning Officer.
A paved open area on a lot used for the display and sale
of new or used motor vehicles, including a building or buildings which
may contain offices, showrooms and a vehicle servicing area within
a completely enclosed building.
A facility that provides motor vehicle service or tune-up
or a series of maintenance procedures carried on within the facility
with the storage of vehicles contained entirely within the facility.
An establishment where animals are examined and treated by
veterinarians and which may include kennels for temporary boarding
of animals during treatment.
The office of a veterinarian where animals are given medical
or surgical treatment. Use as a kennel is prohibited, except that
animals undergoing medical or surgical treatment may be housed if
kept inside; use of the facility for boarding is prohibited.
The storage and handling of freight or merchandise, but not
including the maintenance or fueling of commercial vehicles.
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.
An open space at grade between the front yard building setback
and the adjoining lot lines, unoccupied and unobstructed by any portion
of a structure from the ground upward except as permitted by this
chapter.
The yard extending along the full lot width parallel to or
concentric with the front lot line and being the minimum horizontal
distance between the front lot line and the front setback required
by this chapter, or the front facade of the principal structure at
its closest point to the front lot line, whichever is a greater distance
from the front lot line.
A yard extending between the side yards of the lot parallel
to the rear lot line and being the horizontal distance between the
rear lot line and the rear setback required by this chapter or the
rear of the principal structure at its closest point to the rear lot
line, whichever is a greater distance from the rear lot line.
A yard extending along the side lot line from the required
front yard to the rear lot line and being the minimum horizontal distance
between the side lot line and the side setback required by this chapter
or the side of the principal structure at its closest point to the
side lot line, whichever is a greater distance from the side lot line.
The person appointed by the Borough to administer this chapter
as required by the Pennsylvania Municipalities Planning Code.[5] The Zoning Officer shall have all the powers and duties
and be subject to all the provisions set forth in the Pennsylvania
Municipalities Planning Code with respect to Zoning Officers.
