[Amended 10-13-2003 by Ord. No. 386; 8-13-2007 by Ord. No. 411; 8-8-2011 by Ord. No. 433; 3-9-2015 by Ord. No. 444; ]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USEA use customarily incidental and subordinate to the principal use and located on the same lot as the principal use, but not a dwelling unit.
ANTENNAAny 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 defined below.
AREAArea of a lot or site shall be calculated from dimensions derived by horizontal projection of the sites.
BED-AND-BREAKFASTAn owner-occupied specialized lodging house, having predominately the character of a single-family residence, where rooms are provided for overnight transient guests, and where meals may be served in conjunction with the accommodation.
BOARDThe Zoning Hearing Board of the Borough of Bradford Woods.
BOARD OF APPEALSThe body created by a municipality or more than one municipality to hear appeals from decisions of the code administrator as provided for by Chapter
1 of the 1999 Building Officials and Code Administrators International, Inc., National Building Code, Fourteenth Edition.
BOROUGHThe Borough of Bradford Woods.
BUFFER YARDA portion of a site, together with any structures or plantings, intended to provide a visual barrier or other protection between adjacent parcels of land.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons or of property.
A. ACCESSORY BUILDINGA detached, subordinate building, the use of which is customarily incidental and clearly subordinate to that of the main structure and is located on the same lot as the principal building.
B. PRINCIPAL BUILDINGA building in which the primary use of the lot on which the building is located is carried on.
BUILDING CODE OFFICIALAn individual certified by the Department of Labor and Industry in an appropriate category established pursuant to Section 701(b) to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in such code category under the Pennsylvania Construction Code Act.
BUILDING PERMITA document issued by the Building Code Official stating that a development will be in compliance with this chapter and required as a condition precedent to the commencement of a use or the erection, construction, relocation, enlargement, alteration, conversion or installation of a structure.
CAMPAIGN SIGNA sign which announces or advocates a candidate for political office or a ballot question.
CO-LOCATIONThe 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.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, integral to a planned residential development subject to provisions which assure the continued availability and maintenance of such open space for the use and benefit of the residents of the planned development, not including streets, off-street parking areas and areas set aside for public facilities.
COMPREHENSIVE PLANThe Borough of Bradford Woods Comprehensive Plan guiding community development, prepared by the Planning Commission, and adopted by Council.
CONDITIONAL USEA use permitted within a particular zoning district pursuant to the provisions of §
225-13.
COUNCILBorough Council, Borough of Bradford Woods, County of Allegheny, Commonwealth of Pennsylvania.
DEBRISRemains of something, natural or man-made, broken down or destroyed.
DEVELOPMENT PLANA graphic and written presentation for development including a planned residential development, a plot of subdivision, all covenants relating to use, location of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
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.
DWELLING UNITOne or more rooms for living or sleeping purposes together with separate cooking and sanitary facilities for one person or one family which is accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units, and is used or is intended to be used by one or more persons living together and maintaining a common household.
A. SINGLE-FAMILY DWELLINGA structure consisting of one dwelling unit having one or more living or sleeping rooms with separate cooking and sanitary facilities for one person or one family with direct access to the outdoors.
C. TOWNHOUSESA structure consisting of a series of three or four attached dwelling units not exceeding 2 1/2 habitable stories in height, with each dwelling unit having separate access to the outdoors not shared with the access of other dwelling units.
EASEMENTA right in the owner of one parcel of land to use the land of another for a special purpose.
EMERGENCYA condition that:
A. Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
FAMILYEither an individual or two or more persons related by blood or marriage or adoption, or a group of persons not so related, occupying a dwelling house and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.
FLOODPLAINThe lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a one-hundred-year frequency flood.
GARAGE, DETACHEDA freestanding, unattached structure located on the same lot as the principal structure and used for the storage of motor vehicles and other personal property owned by the owner or occupant of the principal structure.
HEARINGAn administrative proceeding conducted by a board pursuant to provisions of the Municipalities Planning Code.
HEIGHT OF A TOWER-BASED WCFThe 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.
LANDOWNERThe legal or beneficial owner(s) of land including the holder of an option or contract to purchase, a lessee if authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law, capable of being occupied by one principal structure, and fronting on a public or private street system.
A. LOT OF RECORDAny lot which individually or as a part of a subdivision, has been recorded in the office of the Recorder of Deeds.
C. LOT, DEPTH OFA mean horizontal distance between the front and rear lot lines, or to the most distant point on any other lot line where there is no rear lot line.
D. LOT LINE, FRONTA line abutting the edge of the street right-of-way having frontage on said street.
F. LOT LINE, REARThe lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
G. LOT, MINIMUM AREA OFThe horizontally projected area of a lot computed including any portion of the right-of-way of any public thoroughfare contained in the deed description.
I. LOT, NONCONFORMINGA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
J. LOT, CORNERA lot situated at the intersection of two or more streets.
LUMINATIONA. DIRECT LUMINATIONIllumination which is so arranged that the light is directed into the eyes of the viewer from the light source.
B. INDIRECT LUMINATIONIllumination so arranged that the light is reflected from the light source to the eyes of the viewer. Object lit by bulb not clearly visible as light source.
MONOPOLEA 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.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered and conducted as an accessory use which is clearly secondary to the use as a residential dwelling.
NONCONFORMING STRUCTUREAny structure or part of a structure legally existing at the time of enactment of this chapter, or any of its amendments, which does not conform to the provisions of this chapter.
NONCONFORMING USEAny use or arrangement of land or structures legally existing at the time of enactment of this chapter, or any of its amendments, which does not conform to the provisions of this chapter.
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.
OCCUPANCY PERMITA document issued by the Building Code Official upon completion of the construction, reconstruction, relocation, alteration or enlargement of a structure. Or change in use of structure or parcel of land, or change of occupancy of a structure indicating that the use and structure are in compliance with this chapter, and that all conditions attached to the granting of the zoning permit have been met, and that the structure and land may be occupied and used for the purposes set forth in the building permit.
OPEN SPACELand used for recreation, resource protection, amenity and/or buffers, not including any area of a lot constituting the minimum yards, parking area or any part of an existing or future road or right-of-way.
PARKAn open area of land which has been dedicated for natural, scenic, historical or nonprofit purposes and which is publicly dedicated for the use and recreation of the public.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land controlled by one landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, type of dwelling, density or intensity, lot coverage and required open space to the regulations established in any one residential district created under the provisions of this chapter.
PLATMap or plan of a subdivision or land development.
PUBLIC BUILDINGSA structure owned by a public body and used to provide a community facility, including fire stations, libraries, municipal buildings, and the like.
PUBLIC HEARINGA formal meeting held pursuant to public notice, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of October 15, 1998 (P.L. 729, No. 93), known as the "Sunshine Act."
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation, as designated by Council from time to time, in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RELATED EQUIPMENTAny piece of equipment related to, incident 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.
RIGHT-OF-WAYThe surface and space in, on, above and below any real property in which the Borough of Bradford Woods has an interest in law or in equity, including, but not limited to, any public street, boulevard, avenue, road, highway, easement, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, green space or any other place.
RURAL OFFICESA small office structure adapted to a rural setting and having extensive landscaping with a gross floor area to be no greater than 6,000 square feet.
RURAL STOREA retail store adapted to a rural setting and having extensive landscaping with a gross floor area to be no greater than 6,000 square feet.
SEMIPUBLIC USESChurches, Sunday schools, parochial schools and uses associated therewith.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to provisions of this chapter and the Zoning Hearing Board.
STEALTH TECHNOLOGYCamouflaging 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.
STREETA right-of-way, whether public or private, intended primarily for vehicular traffic and usually providing for utilities and pedestrian travel. A street may be designated by other appropriate names such as road, avenue, drive, lane or place. A street may also be identified according to type of use as follows:
A. LOCAL STREETSStreets serving primarily as access to abutting properties and not intended as major arteries carrying through traffic.
C. CUL-DE-SACA street with a single means of ingress and egress and a turnaround.
D. ALLEYPermanently reserved public or private means of access, generally provided as a secondary means of access.
E. PAPER ROADA road, street, way, lane or drive in the Borough of Bradford Woods which has never been opened to vehicular or pedestrian traffic nor dedicated to and/or accepted for public use by the Borough.
STREET RIGHT-OF-WAY LINESThe boundary lines of land used or intended to be used as streets, as shown on deeds, plats or the Comprehensive Plan, and from which yard and other requirements shall begin.
STRUCTUREAny man-made object having an ascertainable location on or in land or water, whether or not affixed to the land.
A. Accessory structure. A detached subordinate building or structure located on the same lot as the principal structure, the use of which is clearly incidental to that of the principal structure. An accessory structure shall be located no closer than five feet from the principal structure.
B. Principal structure. The main building or structure on a lot in which the principal use or uses are conducted.
SUBSTANTIALLY CHANGEA. Any increase in the height of a wireless support structure 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, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
B. Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SWIMMING POOLA container of water used for swimming or bathing purposes, of any depth or size if wholly or partially sunk beneath adjacent ground level. if erected above ground, the same shall be covered under the terms of this chapter only if it has at least one dimension greater than 15 feet, or is more than 36 inches in depth. As herein defined, the term "swimming pool" shall be deemed to be a structure.
THIRD-PARTY AGENCYA person, firm or corporation certified by the Department of Labor and Industry as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this Act.
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.
TRACTA parcel, property or area of land comprised of one or more lots adjacent to one another established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
WIRELESSTransmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
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.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
YARDAn open space adjacent to a lot line open and unobstructed from the ground to the sky, except as otherwise provided herein:
A. FRONTA yard extending across the full width of the lot and extending back in depth the required minimum distance from the edge of any recorded street right-of-way to the nearest side of the building or the lot.
B. REARA yard extending, across the full width of the lot extending forward in depth the required minimum distance from the rear lot line to the nearest side of the building on the lot.
C. SIDEA yard extending across the full width of the lot measured in width from either side line of the lot to the nearest side of the building on the lot.
ZONING OCCUPANCY PERMITA document issued by the Zoning Officer upon completion of the construction, reconstruction, relocation, alteration or enlargement of a structure, or change in use of structure or parcel of land, or change of occupancy of a structure indicating that the use and structure are in compliance with this chapter, and that all conditions attached to the granting of the zoning permit have been met, and that the structure and land may be occupied and used for the purposes set forth in the zoning permit.
ZONING OFFICERAppointed position by Borough Council and is generally responsible for the enforcement of the Borough ordinances as well as issuing zoning permits as defined in this section.
ZONING PERMITA document issued by the Zoning Officer stating that a proposed use or development will be in compliance with this chapter and required as a condition precedent to the commencement of a use or the erection, construction, relocation, enlargement, alteration, conversion or installation of a structure.