For the purpose of this chapter, certain words shall have the meanings assigned to them, as follows:
Words used in the present tense shall include the future.
Words used in the singular shall include the plural.
The word "person" includes a corporation, partnership or association as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The terms "shall" and "will" are always mandatory.
The word "may" is permissive.
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."
The word "building" includes the word "structure."
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.
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.
The following words and phrases shall have the meanings given in this section as follows:
- ACCESS LANE
- The drive within a parking lot directly abutting parking spaces and designed to provide a connection between the spaces and the public street.
- ACCESSORY USE OR STRUCTURE
- Use or building on the same property that is customarily found in connection with, or incidental to, the principal use or building.
- 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.
- AMATEUR RADIO ANTENNA
- An antenna used for the transmission or reception of wireless
signals by amateur radio operators.[Added 5-8-2017 by Ord. No. 2017-8]
- 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 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.[Amended 5-8-2017 by Ord. No. 2017-8]
- 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.
- APPLICATION FOR DEVELOPMENT
- 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.
- APPOINTING AUTHORITY
- The City Council of the City of Latrobe.
- 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."
- AUTOMOBILE LAUNDRY OR CAR-WASHING FACILITY
- 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.
- AUTOMOBILE SERVICE STATION
- Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, 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.
- AUTOMOTIVE SALES
- The sale or rental of new or used motor vehicles or trailers.
- 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.
- See "sign (Billboard)."
- 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.
- BOARDINGHOUSE/ROOMING HOUSE/TOURIST HOME/BED-AND-BREAKFAST
- 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.
- BUILDING HEIGHT
- See "height."
- BUILDING PERMIT
- Documentation attesting that a proposal for construction meets all requirements of this chapter and other applicable requirements of the Borough 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.
- BUSINESS SERVICES
- 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.
- A roofed structure open on one side or more and used for the storage of private licensed and inspected vehicles. Storage of unlicensed or uninspected vehicles can only be made in a totally enclosed structure.
- CAR-WASHING FACILITY
- See "automobile laundry or car washing facility."
- CARE CENTER, CHILD DAY- (STATE LICENSED)
- 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.
- CARE HOME, FAMILY DAY- (STATE LICENSED)
- 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.
- CARE HOME, GROUP CHILD- (STATE LICENSED)
- 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.
- See "basement."
- CENTER LINE
- 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, 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.
- CHILD DAY-CARE CENTER (STATE LICENSED)
- See "care center, child day-."
- See "City of Latrobe."
- CITY COUNCIL
- See "Council."
- CLEAR-SIGHT TRIANGLE
- A triangular area of unobstructed vision on corner lots formed by a one-hundred-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.
- A. An establishment operated by an organization for fraternal, sororal, social, recreational or educational purposes, but open only to members and not the general public.
- B. 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.
- C. 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.[Added 5-8-2017 by Ord. No. 2017-8]
- Engaging in a business, enterprise, activity or other undertaking for a profit.
- See "Planning Commission."
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water, or a combination of land and water, within a development site 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.
- COMMUNITY CLUB
- See "club, private."
- CONDITIONAL USE
- 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.
- CORNER LOT
- 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.
- 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.
- Pennsylvania Department of Transportation.
- DEPENDENT CHILD
- Any individual under 18 years of age in need of supervision and/or special services.
- DERELICT VEHICLE
- Any vehicle lacking a current license and inspection sticker that is stored out of doors.
- 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.
- DEVELOPMENT PLAN
- The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
- DISTRIBUTED ANTENNA SYSTEMS (DAS)
- A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.[Added 5-8-2017 by Ord. No. 2017-8]
- DOMESTIC ANIMALS
- 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.
- DRIVE-IN COMMERCIAL USES
- 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.
- 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 boardinghomes.
- DWELLING DENSITY
- The maximum number of dwelling units permitted per acre or per lot.
- DWELLING, MULTIFAMILY
- A building, which is the only principal building on the lot, containing three or more dwelling units.
- DWELLING, SINGLE-FAMILY
- A residential building containing not more than one dwelling unit.
- DWELLING, SINGLE-FAMILY, ATTACHED (ROW AND TOWNHOUSES)
- One of two or more dwelling units separated by a common party wall and which have ground floor access to the outside.
- DWELLING, SINGLE-FAMILY, DETACHED
- A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot.
- DWELLING, TWO-FAMILY
- 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.
- DWELLING UNIT
- 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.
- EFFECTIVE DATE
- 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]
- ENTERTAINMENT FACILITIES
- Any activity conducted for gain which is generally related to the entertainment field, such as motion-picture theaters, bowling alleys, roller-skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
- One or more persons living together as a single housekeep 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.
- FAMILY DAY CARE HOME (STATE LICENSED)
- See "care home, family day-."
- Federal Communications Commission.[Added 5-8-2017 by Ord. No. 2017-8]
- A man-made barrier constructed of materials other than natural vegetative growth and erected for the purpose of protection, confinement, enclosure or privacy.
- FLOOR AREA
- The sum of the gross area of all floors of a building measured from the face of interior walls.
- FLOOR AREA, GROSS (GFA)
- 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.
- FOOD PROCESSING/SALES
- 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.
- FRONT YARD
- The area of any property between the front lot line and front setback line (See Table 1.)
- FRONT YARD LINE
- A front yard line bounds the front yard and is parallel to the front line. (See Table 1.)
- GOVERNING BODY
- 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.
- GROSS ACREAGE
- The total acreage of a tract for which an application is filed or approved.
- GROUP CHILD CARE HOME (STATE LICENSED)
- See "care home, group child-."
- A. 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.
- B. 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 exconvicts, or other housing facilities serving as an alternative to adult prison or facility for incarceration.
- 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.
- HEIGHT OF A TOWER-BASED WCF
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- HEIGHT OF BUILDING
- See "height."
- HEIGHT OF SIGN
- The vertical distance measured form ground level to the highest point on the sign, or its supporting structure.
- HIGHWAY ACCESS POINT
- The intersection of an accessway or driveway from a lot or parcel of ground, with a public street or right-of-way.
- JOINT OCCUPANCY USE
- 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.
- KENNEL, COMMERCIAL
- 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.
- LAND DEVELOPMENT
- Any of the following activities:
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) 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
- (2) 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.
- B. A subdivision of land.
- C. Development in accordance with the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170 of 1988).
- LEGISLATIVE BODY
- City Council of the City of Latrobe.
- LOADING AREA
- 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.
- LOT, CORNER
- A lot abutting on and at the intersection of two or more streets.
- LOT COVERAGE
- The maximum area which may be occupied by principal and accessory structures.
- LOT, FLAG
- A lot with access provided to the bulk of the lot by means of a narrow corridor.
- LOT, INTERIOR
- A lot other than a corner lot or flag lot.
- LOT LINE, FRONT
- 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.
- LOT LINE, REAR
- The line generally parallel to the front lot line, which defines the rear of the lot. A lot bounded by only three lot lines will not have a rear lot line. See Article III, § 166-15, exception related to corner lots.
- LOT LINE, SIDE
- Any lot line which is not a front lot line or a rear lot line. See Article III, § 166-15, for exception related to corner lots.
- LOT OF RECORD
- 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.
- LOT WIDTH
- 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.
- MOBILE HOME
- A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
- MOBILE HOME LOT
- A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
- MOBILE HOME PARK
- A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
- MODULAR HOME
- A factory-built home, other than a manufactured home, which meets all of the following requirements:
- A. Is designed only for erection or installation on a site-built permanent foundation;
- B. Is not designed to be moved once so erected or installed;
- C. 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
- D. To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation.
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- MUNICIPAL ENGINEER
- 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.
- MUNICIPAL SERVICES
- 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.
- MUNICIPAL SERVICES FACILITIES
- 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.
- NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- NONCONFORMING LOT
- 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.
- NONCONFORMING SIGN
- 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.
- NONCONFORMING STRUCTURE
- 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.
- NONCONFORMING USE
- 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.
- OFF-STREET PARKING
- 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.
- OFFICE BUILDING
- 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.
- 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."
- PARKING SPACE
- 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.
- PENNSYLVANIA MUNICIPALITIES PLANNING CODE
- 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.
- PERFORMANCE STANDARDS
- 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.
- PERMITTED USES
- 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.
- PERSONAL AND PROFESSIONAL SERVICES
- 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.
- 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.
- PLANNED RESIDENTIAL DEVELOPMENT
- 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.
- PLANNING AGENCY
- A planning commission, planning department or planning committee of the governing body.
- PLANNING COMMISSION
- The Planning Commission of the City of Latrobe.
- PLANT CULTIVATION
- 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.
- PRINCIPAL STRUCTURE
- 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.
- PRINCIPAL USE
- 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.
- PRIVATE CLUB
- See "club, private."
- PRIVATE GARAGE
- 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.
- PROPERTY LINE
- 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.
- PUBLIC GROUNDS
- PUBLIC HEARING
- 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.
- PUBLIC MEETING
- A forum held pursuant to notice under the Act of July 3, 1986, (P.L. 388, No. 84) known as the "Sunshine Act."
- PUBLIC NOTICE
- 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.
- PUBLIC UTILITY
- A service distributing water, gas, electricity, telephone service, cable television service or collecting sewage by means of a network of overhead or underground lines.
- RELATED EQUIPMENT
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- 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.
- 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.
- SIGN (BILLBOARD)
- 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.
- STEALTH TECHNOLOGY
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- 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.
- SUBSTANTIALLY COMPLETE
- 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.
- SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
- 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:[Added 5-8-2017 by Ord. No. 2017-8]
- A. 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;
- B. 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;
- C. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
- D. It entails any excavation of deployment outside the current site of the tower-based WCF; or
- E. 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.
- 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.[Amended 5-8-2017 by Ord. No. 2017-8]
- TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- 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.
- WATER SURVEY
- 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.).[Added 5-8-2017 by Ord. No. 2017-8]
- Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.[Added 5-8-2017 by Ord. No. 2017-8]
- WIRELESS COMMUNICATIONS FACILITY (WCF)
- The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.[Added 5-8-2017 by Ord. No. 2017-8]
- WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- WIRELESS SUPPORT STRUCTURE
- 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.[Added 5-8-2017 by Ord. No. 2017-8]
- The division of the municipality into zones or districts where land and buildings are regulated.
- ZONING HEARING BOARD
- The Zoning Hearing Board for the City of Latrobe.
- ZONING OFFICER
- 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.