For the purpose of this chapter, certain words
shall have the meanings assigned to them, as follows:
A.
Words used in the present tense shall include the
future.
B.
Words used in the singular shall include the plural.
C.
The word "person" includes a corporation, partnership
or association as well as an individual.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The terms "shall" and "will" are always mandatory.
F.
The word "may" is permissive.
G.
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged,
maintained or designed to be used or occupied."
H.
The word "building" includes the word "structure."
I.
The word "includes" or "including" shall not limit
the term to the specified example, but is intended to extend its meaning
to all other instances of like kind and character.
J.
Any word or phrase not specifically defined herein
shall be construed according to the ordinary usage as set forth in
any standard dictionary of general circulation, 1980 edition or later.
Further, if multiple integrations exist for any word, the interpretation
to be used shall be that interpretation which furthers the provisions
of this Zoning Chapter.
[Amended 5-8-2017 by Ord.
No. 2017-8; 6-12-2017 by Ord. No. 2017-9; 12-13-2021 by Ord. No. 2021-23]
The following words and phrases shall have the meanings given
in this section as follows:
The drive within a parking lot directly abutting parking
spaces and designed to provide a connection between the spaces and
the public street.
Use or building on the same property that is customarily
found in connection with, or incidental to, the principal use or building.
An establishment engaged in the sale of unopened beer or
liquor to the general public.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
Any change, addition or modification in construction or occupancy
of an existing structure.
An antenna used for the transmission or reception of wireless
signals by amateur radio operators.
A change in this chapter, including addition of new requirements,
revision of existing requirements or deletion of obsolete requirements,
necessitating public hearings and other official approvals before
becoming effective.
Any indoor activity conducted for profit which is generally
related to amusement and recreation, such as motion-picture theaters,
bowling alleys, and roller-skating rinks.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
A room, or suite of rooms, intended, designed or used as
a residence by a single family, in a building with its own cooking,
food storage, bathing and toilet facilities and with access directly
or via a common hall to the outside.
A plea to a higher agency or court on the part of a person
who contends he/she had been aggrieved as the result of a decision
of a lower board, commission or individual charged with making the
decision he/she is contending.
A landowner, developer, or tenant with notarized permission
of the landowner, as hereinafter defined, who has filed an application
for development, including his/her heirs, successors and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development including, but not limited to, an application for a
building permit, approval of a subdivision plat or plan or approval
of a development plan.
The City Council of the City of Latrobe.
See "manufacturing."
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles but not
including an incidental one-way washing facility in a gasoline service
station where washing facilities are purely incidental to the operation
of said service station. A self-operating vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be an automobile laundry.
Any premises where gasoline and other petroleum products
are sold and/or light maintenance activities such as engine tune-ups,
lubrication, minor repairs and carburetor cleaning are conducted.
Service stations shall not include premises where heavy automobile
maintenance activities such as engine overhauls, automobile painting
and body fender work are conducted.
The sale or rental of new or used motor vehicles or trailers.
An establishment where baked goods are produced on the premises.
Products may be sold to customers and may be consumed by customers
on-site.
See "beauty shop"
The space enclosed by the foundation or ground floor walls
of a building with a minimum depth of six feet. A basement shall not
be counted as a story for purposes of height measurement unless 1/2
or more of its height is above average grade.
An establishment where hairdressing, hair trimming, facials,
manicures, pedicures, body waxing, tanning, or other related services
are provided. Tattoo and body-piercing businesses are included in
this definition.
See "Zoning Hearing Board."
An individual, or individuals, other than a family member
of the family occupying the dwelling unit, or part thereof, who, for
a consideration, is furnished sleeping accommodations and may be furnished
meals or other services as part of the consideration.
A private owner-occupied home that takes in paying guests
and provides lodging and may provide meals.
An establishment having any income derived from the sale
of books, magazines and other periodicals. A bookstore shall not be
permitted to have video viewing rooms.
A line, usually a property or street right-of-way line or
the center line of a recognizable physical feature, such as a highway,
stream or railroad, that demarcates the edge of a district or area.
Any roofed man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land,
shall be considered an enclosed building if all exterior walls are
solid except for fixed, closed or operable windows and doors.
See "height."
Documentation attesting that a proposal for construction
meets all requirements of this chapter and other applicable requirements
of the City of Latrobe, Westmoreland County, and the Commonwealth
of Pennsylvania relative to development and allowing such proposed
construction to commence.
The volume of a structure indicating the total space enclosed
by the exterior walls and roof.
An establishment in which a teacher of business teaches more
than one student for a fee and where more than one student may be
taught in a class at one time.
Any activity conducted for gain which renders services primarily
to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes and businesses.
See "automobile laundry or car washing facility."
A building or structure where care, protection and supervision
are provided on a regular schedule, at least twice a week to 12 or
more children, with three or more adult workers in attendance, which
must meet any and all federal or state rules and regulations including
registration or licensing.
A building or structure where care, protection and supervision
are provided on a regular schedule, at least twice a week to up to
six children, including the children of the adult provider and with
one adult worker in attendance, which must meet any and all federal
or state rules and regulations including registration or licensing.
A building or structure where care, protection and supervision
are provided on a regular schedule, at least twice a week to seven
to 11 children, including the children of the adult provider and with
at least two adult workers in attendance, which must meet any and
all federal or state rules and regulations including registration
or licensing.
A roofed structure open on one side or more.
See "basement."
An imaginary line running parallel to street or easement
right-of-way lines and equidistant from the lines on each side of
the street or easement, or a line following the center of a physical
feature such as a stream or roadway.
As applied to any entity, organization, group, business use,
operation or function, shall mean and connote that the use, business,
operation or function is conducted not-for-profit, regardless of the
nature or purpose thereof, and shall include those entities which
have been designated as "charitable" entities under the provisions
of the Pennsylvania Solicitation of Funds for Charitable Purposes
Act,[1] the Act of August 9, 1963, P.L. 628, or under any of the
provisions of the United States Internal Revenue Code, or of any laws,
regulations or rules enacted thereunder.
See "care center, child day-."
See "place of religious use."
See "City of Latrobe."
See "Council."
A triangular area of unobstructed vision on corner lots formed
by a 100-foot sight line along the center line of a local street,
and by a line joining these two sight lines at the greatest distance
from their intersections.
An establishment operated by an organization for fraternal,
sororal, social, recreational or educational purposes, but open only
to members and not the general public. A nonprofit association of
persons who are bona fide members paying periodic dues, and which
association owns, hires or leases a building or lot or a portion of
either or both, the use of which is restricted to either or both,
and the use of which is restricted to members and their guests. A
group of people organized for a common purpose to pursue common goals,
interests or activities and usually characterized by certain membership
qualifications, payment of fees and dues, regular meetings and a constitution
and bylaws.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
See Restaurant.
Engaging in a business, enterprise, activity or other undertaking
for a profit.
See "Planning Commission."
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site which is designed and
intended for the use or enjoyment of residents of a development, not
including streets, off-street parking areas and areas set aside for
public facilities.
See "club, private."
A use of a property that may be granted by the City Council
after receiving recommendations of the Planning Commission based on
the express standards and criteria set forth in this chapter.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A lot abutting two or more existing and dedicated streets
at their intersection.
The City Council of Latrobe, Westmoreland County, Pennsylvania.
The maximum area or percentage of a lot which may be occupied
by structures.
An establishment in which a teacher of music or dancing teaches
more than one student for a fee and where more than one student may
be taught in a class at one time.
Final adjudication of the Zoning Hearing Board and City Council.
All decisions shall be appealable to the Court of Common Pleas of
the county and judicial district wherein the municipality lies.
An open area usually attached to, or part of, and with direct
access to, a building, where said open area is elevated above ground
level and is not covered by a permanent roof.
See "warehouse."
See "medical offices."
Pennsylvania Department of Transportation.
Any individual under 18 years of age in need of supervision
and/or special services.
Final action by the Zoning Officer, except for the following: the governing body; the Zoning Hearing Board; or the planning agency, only if, and to the extent that, the planning agency is charged with final decision on preliminary or final plans under Chapter 154, Subdivision and Land Development, or planned residential development provisions. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner or tenant with written,
notarized permission of such landowner, who makes or causes to be
made, a subdivision of land or a land development.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure; any mining, excavation,
landfill or land disturbance; and any use, or extension of the use,
of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
See "warehouse."
Animals that are customarily kept for personal use or enjoyment
within the home. Household pets shall include but not be limited to
domestic dogs, domestic cats, domestic tropical birds and rodents.
See "tailoring shop."
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade such as drive-in
restaurants, drive-in theaters and similar uses.
A privately owned and maintained vehicular accessway within
a property.
An establishment where prescription medicines and drugs are
compounded and/or dispensed and where a variety of over-the-counter
medications, cosmetics, and other miscellaneous merchandise may be
sold.
Any establishment that is primarily engaged in dry cleaning
and laundry services, including pressing, repair, cleaning, and dyeing,
other than personal services directly to a consumer.
A building, or structure, or manufactured home, designed
or used exclusively for residential occupancy, including single-family
dwellings, duplexes and multifamily dwellings, but not including hotels
or lodging and boarding homes.
The maximum number of dwelling units permitted per acre or
per lot.
A group of connected rooms, whether in a separate structure,
a duplex, townhouse or apartment building, including, in each unit,
bathing, toilet and cooking and food storage facilities for the exclusive
use of one family or not more than three unrelated individuals.
A building, which is the only principal building on the lot,
containing two or more dwelling units.
A residential building containing not more than one dwelling
unit.
One of two or more dwelling units separated by a common party
wall and which have ground floor access to the outside.
A residential building containing not more than one dwelling
unit entirely surrounded by open space on the same lot.
A structure designed for two dwelling units, whether side-by-side
or one above the other, with each unit having means of egress directly
to the outside, at grade, or via an exterior stairs to grade.
The date on which this chapter is duly adopted by the City
or as specified in an ordinance adopting the same.
A condition that:
[Added 5-8-2017 by Ord.
No. 2017-8] Constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or Has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
One or more persons living together as a single housekeeping
unit. The number of occupants in any dwelling unit shall be subject
to the provisions of federal, state or local laws, codes or regulations
regulating the amount of square feet per occupant for health, safety
and sanitation reasons.
See "care home, family day-."
Federal Communications Commission.
A man-made barrier constructed of materials other than natural
vegetative growth and erected for the purpose of protection, confinement,
enclosure or privacy.
A piece of cloth, varying in size, shape, color and design,
usually attached at on edge to a staff or cord, and used as the symbol
of a nation, state or organization.
The sum of the gross area of all floors of a building measured
from the face of interior walls.
When prescribed as the basis of measurement for off-street
parking space and loading berths for any use, floor area shall mean
the sum of the gross areas of the floors of buildings, or portions
thereof, devoted to such use, including accessory storage areas located
within selling or working space, such as counters, racks or closets;
and any basement floor area devoted to retailing activities, to the
production or processing of goods or to business or professional offices.
The retail sales of foodstuffs and associated merchandise
packaged for consumption, after preparation, off the premises where
sold and not including any restaurant or take-out establishment.
The area of any property between the front lot line and front
setback line
A front yard line bounds the front yard and is parallel to
the front line.
An establishment engaged in undertaking services such as
preparing the human deceased for burial, and arranging and managing
funerals, including mortuaries and crematoria.
See "automobile service station."
The City Council of the City of Latrobe.
The average elevation of the finished ground adjoining the
building on all sides as referenced to the center-line grade of streets
abutting the lot.
The process of changing the natural surface of the land in
order to carry out a development plan.
The total acreage of a tract for which an application is
filed or approved.
See "care home, group child-."
A single-family dwelling shared by three or more handicapped
persons, including resident staff, who live together as a single housekeeping
unit and in a long-term, family-like environment in which staff persons
provide care, education and participation in community activities
for the residents with the primary goal of enabling the resident to
live as independently as possible in order to reach their maximum
potential. As used herein, the term "handicapped" shall mean having
a physical or mental impairment that substantially limits one or more
of such person's major life activities so that such person is
incapable of living independently; a record of having such an impairment;
or being regarded as having such an impairment. However, "handicapped"
shall not include current illegal use of or addiction to a controlled
substance, nor shall it include any person whose residency in the
home would constitute a direct threat to the health and safety of
other individuals. The term "group home for the handicapped" shall
not include alcoholism or drug treatment centers, work release facilities
for convicts or ex-convicts, or other housing facilities serving as
an alternative to adult prison or facility for incarceration.
An establishment where hardware such as tools, appliances,
and related supplies are sold.
The vertical distance along the wall of a building measured
between the average of the highest and lowest elevation at ground
level on the front or rear facade, whichever has the lower ground
elevations, and the top of the parapet on a flat roof building or
halfway between the eaves and highest ridgeline on a sloped roof building
except that chimneys, stacks, steeples, roof-mounted air-handling
equipment, and similar projections of the building, not intended for
human occupancy, shall not be considered in measuring height.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
See "height."
The vertical distance measured form ground level to the highest
point on the sign, or its supporting structure.
The intersection of an accessway or driveway from a lot or
parcel of ground, with a public street or right-of-way.
An institution licensed in the Commonwealth of Pennsylvania
as a general hospital, which renders inpatient, outpatient, and emergency
medical care on a twenty-four-hour-per-day basis, and provides primary
health services and medical/surgical care to persons with physical
or mental conditions requiring definitive diagnosis or treatment,
or both.
A commercial lodging establishment that offers units for
sleeping purposes to transient guests and which provides twenty-four-hour
service for receiving and assisting guests.
A factory-built home, other than a manufactured home, which
meets all of the following requirements: Is designed only for erection
or installation on a site-built permanent foundation; Is not designed
to be moved once so erected or installed; Is designed and manufactured
to comply with a nationally recognized model building code or an equivalent
local code, or with a state or local modular building code recognized
as generally equivalent to building codes for site-built housing;
or To the manufacturer's knowledge, is not intended to be used
other than on a site-built permanent foundation.
See "personal care boarding home (licensed)."
Two or more distinct and different uses, performed by one
or more occupants, occurring at the same time in the same structure.
Any portion of any lot, whether inside or outside a building,
for storage, keeping, or abandonment of automobiles or other vehicles,
machinery or parts thereof and any worn, cast-off or discarded article
or material which is ready for destruction, or which had been collected
or stored for sale, resale, salvage or conversion to some other use.
The boarding, training, grooming or showing of more than
four domestic animals shall be limited to dogs, cats and such other
species as may be considered pets in a residential setting.
Any of the following activities: The improvement of one lot
or two or more contiguous lots, tracts or parcels of land for any
purpose involving: A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land. Development in accordance with the Pennsylvania
Municipalities Planning Code (Act 247, as amended by Act 170 of 1988).[2]
Any establishment that provides washing and/or dry cleaning
services for industrial or commercial customers, such as bars, restaurants,
janitorial services, etc.
Any establishment that provides washing machines and dryers
for on-site usage by customers and/or personal dry-cleaning services
in which customers may deliver and pick up dry cleaning.
City Council of the City of Latrobe.
See "Alcohol Sales."
An area of property on which activities are of such a nature
as to require continuous receiving and/or shipping of goods, such
area to be used exclusively for loading and not to interfere with
other vehicular or pedestrian circulation on the property.
A designated lot of record, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The maximum area which may be occupied by principal and accessory
structures.
That boundary of a lot which is along an existing or dedicated
street or right-of-way; on a corner lot, the front lot line shall
be upon an existing or dedicated street where the primary access to
the principal structure is located.
A lot which has been duly recorded in the office of the Recorder
of Deeds of Westmoreland County, either individually or as part of
a subdivision.
The horizontal distance between side lot lines measured along
the front lot line, unless otherwise specified, or in exceptional
cases, the average lot width for the entire depth of the property.
A lot abutting on and at the intersection of two or more
streets.
A lot with access provided to the bulk of the lot by means
of a narrow corridor.
A lot other than a corner lot or flag lot.
Any nonresidential use conducted for gain or support within a dwelling as provided for in § 166-32, and carried on by occupants thereof, which use is clearly incidental and secondary to the use of the dwelling as a dwelling unit and does not change the residential character thereof.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park improved with the necessary
utility connections and other appurtenances necessary for the erections
thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
Operations involving the manufacture or products or parts,
predominantly using previously prepared material, including processing,
fabrication, assembly, treatments, and packaging of such products,
and incidental storage, sales and distribution of such products.
Nits and footcandles are a unit of measure that are also
called candelas per square meter. One footcandle is equal to 10.76391
Nits and 10.77 Lux for conversion of light units of measure from a
specific predetermined distance noted within this chapter.
[Added 7-11-2022 by Ord.
No. 2022-5]
Marijuana for certified medical use as set forth in the Medical
Marijuana Act, Act No. 16 of 2016, as amended.[3]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the Commonwealth
to dispense medical marijuana.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health of the Commonwealth to
grow and process medical marijuana.
A medical marijuana dispensary or medical marijuana grower/processor.
A permit issued by the Department of Health of the Commonwealth
authorizing a medical marijuana organization to conduct activities
under the Medical Marijuana Act, Act No. 16 of 2016.[4]
An establishment providing therapeutic, preventative, corrective,
healing and health-building treatment services on an out-patient basis
by physicians, dentists and other practitioners. Typical uses include
medical and dental offices and clinics and out-patient medical laboratories.
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
See "funeral home."
A group of attached or detached buildings containing individual
sleeping units where the units may open individually and directly
to the outside and where a garage is attached to or a parking space
is conveniently located to each unit, all for the temporary use by
automobile tourists or transients, and such word shall include tourist
courts, motor courts and motor lodges.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
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
system, collection, communication, supply or disposal systems, sanitation
services and their essential buildings.
Any activities of the City government, volunteer fire departments,
sewage disposal and water supply systems or local electric and telephone
lines.
The City of Latrobe.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling. The business may not employ anyone other than family members
residing in the dwelling. The activity involves no customer, client
or patient traffic (whether vehicular or pedestrian), pickup, delivery
or removal functions to or from the premises, in excess of those normally
associated with a residential use.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
A lot, the area or dimension of which was allowed prior to
the adoption or amendment of this Zoning Chapter, which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
Any lawful sign prior to the passage of this chapter which
does not conform to the applicable sign regulations of the zone in
which it is located, either on the effective date of this chapter
or as a result of subsequent amendments thereto.
A structure, or part of a structure, manifestly not designed
to comply with the applicable use or extent of use provisions in the
Zoning Chapter or amendment, heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment, or prior to the application of such ordinance or amendment
to its location, by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
The use, whether of land or of structure, which does not
comply with the applicable use provision in the Zoning Chapter or
amendment, heretofore or hereafter enacted, where such use was lawfully
in existence prior to the application of such ordinance or amendment,
to its location by reason of annexation.
An establishment that offers private educational services
to children who are under the minimum required age for education in
public schools.
An area, entirely sized as specified by the regulations in
this chapter, wholly outside any public right-of-way but with direct
access via a driveway or access aisle to a public street.
A building designed or primarily used for office purposes,
no part of which is used for manufacturing, or a dwelling other than
living quarters for a watchman or custodian.
An establishment offering recreation, entertainment or games
of skill to the general public for a fee or charge wherein any portion
of the activity takes place in the open. Typical uses include archery
range, golf driving ranges and miniature golf course and other types
of recreation and entertainment not otherwise defined.
A low wall projecting above the roof of a flat-roofed building
usually as an extension of the side walls.
See "parking space or off-street parking."
A parking area located in a multilevel structure which is
the principal use on the lot and which may be operated by either a
public agency or private entity, whether for profit or not, and which
is available for use by the general public, usually for a fee.
A parking area on the surface of the ground that is the principal
use on the lot that may be owned and/or operated by either a public
agency or private entity, whether for profit or not, and that is available
for use by the general public for the transient storage of automobiles
or motor-driven vehicles. Such parking services may be provided as
a free service or for a fee.
An off-street space having an area of not less than 180 square
feet, whether outside or inside a structure, used exclusively as a
parking, turning and access stall for one vehicle.
A paved, at-grade structure directly adjacent to a principal
building without a permanent covering or permanent sidewalls.
The state law, adopted July 31, 1968, as Act 247, and later
amended by Act 170 of 1988, regulating municipal land use control
in Pennsylvania.
Minimum requirements designed to minimize the impact of potentially
blighting conditions (i.e., noise, odor, smoke, toxic or noxious matter,
vibration, fire and explosive hazards, glare, heat, etc.) upon adjacent
properties in particular, and the environment in general.
Any activity which is expressly allowed to occur on a property
because of the property's location in a particular zoning district.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity; includes a trustee,
a receiver, an assignee or a similar representative of any of the
above.
Services provided on the premises, in an office or in facilities
regulated by the state, and including retail sales or products to
be used off the premises as only an incidental part of the business.
An institutional care facility licensed by the appropriate
county, commonwealth or federal agency, in which seven or more persons
with physical or mental disabilities, including persons recovering
from drug or alcohol addictions, reside while receiving therapy or
counseling for their disability prior to moving into more permanent
living arrangements in family dwellings, or nursing, convalescent
or similar health care facilities.
An establishment engaging in the sale of live animals. Stores
that sell only pet accessories should be considered as a "retail store."
One or more sections on which an applicant proposes to commence
development at the same time, as part of a timetable for development
of a planned residential development over a period of years.
Any establishment operated by a religious organization for
religious worship, religious training, and related religious services.
An area of land, controlled by a landowner or a group of
landowners acting jointly and involving a related group of uses planned,
developed and regulated as an entity. Such developments are compactly
arranged in individual and/or multifamily dwelling units grouped in
or around common open spaces, together with public and semipublic
uses and noncommercial recreation facilities, provided they are functionally
integrated so that the character of the development conforms to the
purpose and intent of the chapter.
A planning commission, planning department or planning committee
of the governing body.
The Planning Commission of the City of Latrobe.
The cultivation of crops, fruit trees, nursery stock, truck
garden products and similar plant materials.
An attachment to a building covered by a permanent roof,
but without permanent side walls.
The structure containing the principal use or uses, whether
conforming to the requirements of this chapter or not, and thus making
all other structures and uses on the property accessory.
A single primary or predominant use to which property may
be devoted and to which all other uses on the property are accessory.
Any procedure or establishment limited to members of an organization
or other persons specifically invited or permitted where no advertisement
or inducement has been made to the general public.
See "club, private."
A structure which is an accessory use and used only for the
storage of the property owner's vehicles (for personal use) and
the storage of other normal and customary personal property incidental
to residential use.
A tract of contiguous land surface, including the structures
thereon, all sections of which are in the same ownership, surrounded
by a boundary that closes on itself.
All or part of the boundary describing the limits of a property.
Of, or pertaining to, buildings, structures, uses or activities
belonging to, or affecting, any duly authorized governmental body,
which is available for common or general uses by all persons, excluding
public works facilities.
Includes: Parks, playgrounds, trails, paths, other recreational
areas and other public areas; Sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
Publicly owned or operated scenic or historic sites.
A formal meeting, held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986, (P.L. 388, No. 84) known as the "Sunshine Act."
A notice published once each week for two successive weeks
in a newspaper of general circulation in the City of Latrobe. 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, or less than seven days, from the
date of the hearing.
A service distributing water, gas, electricity, telephone
service, cable television service or collecting sewage by means of
a network of overhead or underground lines.
See "terminal facility."
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant, other than a solicitor,
to any other body, board, officer or consultant, for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at the cost of reproduction.
An establishment that sells ready-to-consume food or drink
and that routinely involves the consumption of at least a portion
of such food on the premises. A restaurant may also specialize in
take-out service. A restaurant may also be a delicatessen where food
is already prepared or requires minimum preparation and is predominantly
take-out food. A restaurant may include the accessory sale of alcoholic
beverages and/or operate as a BYOB restaurant.
A site for instructional purposes on an elementary or secondary
level, with a curriculum that complies with state regulations.
A distance prescribed for each zoning district established
by this chapter measured from any property line to a parallel line
within the property, describing the limit of construction on the property
and defining the required front, side and rear yards. The "limit of
construction" shall be defined as including any projections of the
structure, including sun parlors, foyers, bay windows, porches, decks,
projecting eaves, dormers, gutters, covered stairs and ramps and any
other solid projections and solid entrances.
A structure that is arranged, intended, designed or used
as an advertisement, announcement or direction, or which is posted,
painted or placed in some fashion near a building, structure or any
surface for such a purpose. The area of the sign shall include the
support material from the bottom of the sign, to and beyond the top
of the sign.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
Any man-made object having an ascertainable stationary location
which creates a footprint on or in land or water, whether or not affixed
to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria: For tower-based WCFs outside
the public rights-of-way, it increases the height of the facility
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna, not to exceed 20
feet, whichever is greater; for tower-based WCFs in the rights-of-way,
it increases the height of the facility by more than 10% or 10 feet,
whichever is greater; For tower-based WCFs outside the public rights-of-way,
it protrudes from the edge of the WCF by more than 20 feet, or more
than the width of the tower-based structures at the level of the appurtenance,
whichever is greater; for those tower-based WCFs in the public rights-of-way,
it protrudes from the edge of the structure by more than six feet;
It involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets;
It entails any excavation of deployment outside the current site of
the tower-based WCF; or It does not comply with conditions associated
with prior approval of construction or modification of the tower-based
WCF unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
When referring to subdivision and land development, in the
judgment of the municipal engineer, at least 90% (based on the cost
of the required improvements for which financial security was posted
pursuant to the Pennsylvania Municipalities Planning Code) of those
improvements required as a condition for final approval have been
completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
An establishment involved in the making or altering of garments
such as suits, jackets, and dresses, typically to fit a particular
person.
An establishment that sells alcoholic beverages for consumption
on the premises as the principal use and that may offer food for consumption
on the premises as an accessory use and which is licensed by the Pennsylvania
Liquor Control Board.
A facility designed for the moving and storage of goods,
including railroad, freight, and trucking terminals and railroad repair
shops.
An establishment engaged in conducting basic, applied, industrial
or scientific research, other than medical testing, including production
of prototype products when limited to the minimum scale necessary
for full investigation of the merits of a product, but excluding production
of products used primarily or customarily for sale or for use in non-prototype
production operations. The term also includes medical laboratories
where prosthetic devices or medical testing takes place exclusively
on the written work order of a licensed member of the dental or medical
profession.
A structure that is intended for transmitting or receiving
television, radio, or telephone communications, excluding those used
exclusively for dispatch communications. This definition shall not
include tower-based wireless communications facilities.
Any structure that is used for the purpose of supporting
one or more antennas, including but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
A grant of permission by the Zoning Hearing Board, which
relaxes applicable provisions of the Zoning Ordinance, where literal
enforcement would create an unusual and unnecessary hardship, depriving
the recipient of reasonable use of the property, but specifying what
modifications to strict conformance are permitted.
An establishment that provides animal care and veterinary
services, including the boarding of animals for medical purposes.
An establishment that is engaged in the storage of materials,
equipment or products that will be distributed to wholesalers or retailers.
This definition shall include distribution centers and delivery centers.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the City of Latrobe.
The Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other City-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that is constructed
primarily to support the placement or installation of a wireless communications
facility if approved by the City.
The division of the municipality into zones or districts
where land and buildings are regulated.
The Zoning Hearing Board for the City of Latrobe.
The Zoning Officer of the City of Latrobe. To the extent
that the Zoning Officer may also have the duties and title of Code
Officer (also known as "Code Enforcement Officer"), the presumption
shall be that any duties undertaken, or any documents signed by this
individual shall be valid regardless of the title so indicated and
shall comply with the requirements for either officer as set forth
in any ordinance of the City of Latrobe.
