A use, building or structure, part of a building or other structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot, including a private garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. Accessory structures are not permitted where a principal use structure has not been erected on the lot.

The reuse of an existing use and structure in combination, whether legally nonconforming or conforming, and considered a minor land development for a use permitted by right in the district.

A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.

See § 260-79M(3).

A public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Any change, addition or modification to an existing structure that increases the height, volume, lot coverage or gross floor area of the principal or accessory structure; or any change in the structural members of a building, such as load-bearing walls, columns, beams or girders; or the moving of an existing structure from one location to another on the same site.

Any change in this Zoning chapter or the Official Zoning District Map,[1] including the addition of new requirements, revision of existing requirements or deletion of obsolete requirements, officially approved by the municipal governing body, necessitating public hearings and other approvals in accordance with procedures detailed in this chapter before becoming effective.

A business establishment having on its premises and available for play by the public at least four coin-operated/pay-for-play amusement devices; or a part of a business establishment including at least four coin-operated/pay-for-play amusement devices, the remainder of which is devoted to a permitted use, an approved conditional use or a nonconforming use.

Any animal that has been bred or raised to live in or about the human habitation and is customarily kept for companionship, which includes, but is not limited to, dogs, cats, birds, rabbits, hamsters, mice, turtles, and the like, and not requiring extraordinary restraint or unreasonably disturbing such human habitation.

Any member of a species of animal, reptile, or bird, warm- or cold-blooded, that is not native to the United States and is not classified or considered as wildlife, livestock, or a domestic animal. This term specifically includes animals such as, but not limited to, elephants, camels, antelope, anteaters, kangaroos, and water buffalo.

An establishment for the medical or surgical treatment of animals and pets, including the boarding of hospitalized animals and animals not subject to medical or surgical treatment.

A facility that is used to house or contain animals and is owned, operated, or maintained by a nonprofit corporation for the purpose of providing temporary kenneling and finding permanent adoptive homes for animals.

A room, or a suite of two or more rooms, in a multiple-family dwelling or in any other building not a single-family dwelling or a two-family dwelling, occupied or suitable for occupancy as a dwelling unit for one family and containing cooking, food storage, bathing and toilet facilities.

A suite of rooms designed or intended for occupancy or housekeeping by one family which is established in a portion of a building originally used or designed for residential use by a single-family unit, such suite containing cooking, food storage, bathing and toilet facilities.

A one-room apartment, plus toilet. It shall contain kitchen, sanitary and bedroom facilities for the use of not more than two persons.

A building designed for or containing both apartments and individual guest rooms or suites or rooms and apartments catering to permanent tenants and not transients, and which building may furnish dining-room service for the exclusive use of its tenants.

A building, or a portion of a building, designed for occupancy by three or more families living separately from each other and containing three or more dwelling units, each with its own cooking, food storage, bathing and toilet facilities.

Establishments primarily engaged in the provision of selling, servicing and repairing appliances to individuals or households, rather than businesses, but excluding automotive or equipment repair.

A residential facility designed to provide dwelling units for elderly and/or handicapped persons who are independently mobile. On-site supervision and assistance are available to the residents on an as-needed basis, and at least one meal each day is provided in a common dining area. The facility includes certain design features associated with the needs of the elderly or handicapped, not customary in the construction of conventional dwelling units, such as emergency call systems, handicapped facilities, common dining facilities, common laundry facilities, minimal housekeeping, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.

A facility which provides collision repair services, including body frame straightening, replacement of damaged parts, and painting.

An open area, other than a street, used for the display, sale or rental of new or used automobiles, boats or trailers and where no repair work is done except minor incidental repair, excluding bodywork and fender work or spray painting of automobiles, boats or trailers to be displayed, sold or rented on the premises.

The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or partially dismantled obsolete or wrecked vehicles or their parts.

Any premises devoted wholly or in part to the dismantling or wrecking of motor vehicles or trailers, the storage, accumulation, recycling, sealing or the processing of junk or abandoned vehicles, and/or the sale or dumping of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts. The collection and/or storage of two or more motor vehicles or trailers not in running condition or which do not have a valid and current registration and a current and valid inspection sticker as required by the Motor Vehicle Code of the Commonwealth of Pennsylvania[2] shall be construed to be an automobile wrecking or salvage yard.

An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler and upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building.

A temporary or permanent structure extending out and over the upper part of a door, window, or porch and serving as protection from sun or precipitation, distinguished from a canopy by the lack of structural supports attached to the ground.

Any sign of lightweight fabric, vinyl, or similar material that is mounted to a pole, natural feature, or vegetation, or to a building by a permanent frame on all sides. National, state or municipal flags shall not be considered banners.

A business 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.

A single-family dwelling that is the principal residence of the operator, where sleeping rooms are offered to not more than six transient overnight guests for compensation and where meals are provided only to overnight guests.

A singular retail or wholesale user that occupies no less than 50,000 square feet of gross floor area, typically requires high parking-to-building-area ratios, and has a regional sales market. Regional retail/wholesale sales can include but are not limited to membership warehouse clubs that emphasize bulk sales, discount stores, and department stores.

The Zoning Hearing Board of the City of Butler.

A nonprofit or for-profit boarding home for the sheltered care of persons with special needs or problems, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, vocational training, recreation, and/or transportation.

An owner-occupied single-family dwelling where, for compensation and by prearrangement for definite periods of time, meals and lodging are provided for one and no more than four boarders. No meals are provided to outside guests. "Boardinghouses" shall not be construed to mean rest homes or convalescent homes.

A restaurant that brews handcrafted natural beers intended for consumption on or off the premises. Production capacity shall be limited to not more than 5,000 barrels per year. (One barrel = 31 gallons.)

A landscaped area which shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material consisting of a mix of types and sizes of plant material that within three years of planting meets the standard of providing a compact year-round visual screen at least six feet in height, or an existing or constructed natural barrier that duplicates the effect of the required buffer area, within which no structure is permitted except a wall or fence.

That portion of a zoned lot bounded by the required front, side, and rear yards. When a yard is not required, the buildable area is the lot line.

Any structure having a roof. When a use is required to be within a building, or where special authority granted pursuant to this chapter requires that a use shall be within an entirely enclosed "building," then the term "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roofline and shall contain no openings except for windows and doors which are designed so that they may be closed.

The vertical distance measured from the average elevation of the finished grade around the building to the highest point of the coping of a flat roof or to the deck lines of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

A line parallel to the front, side or rear lot lines, set so as to provide the required building setback (yard), or the established (existing) front, side, or rear setback of other structures within the same block.

An imaginary line across the front of a property, between side property lines, parallel to the street right-of-way line and distant from it the depth of the required front yard setback for the zoning district in which the property is located.

The building housing the principal use of the lot on which it is located.

Documentation attesting that a proposal for construction meets all requirements of this chapter and other applicable requirements relative to development and allowing such proposed construction to commence.

The purchase, sale, offering for sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit or the management or occupancy of office buildings, offices, recreational or amusement enterprises or the maintenance and use of buildings, offices, structures or premises by professions and trades or persons rendering services.

A permanent roofed structure with supporting columns erected to protect sales and display areas or gasoline-dispensing areas from the weather, not including any canvas, plastic, fabric or similar roofing material.

A structure to house or protect motor vehicles which is open to the weather on at least 30% of the total area of its four sides.

The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light-duty equipment, conducted in an enclosed building.

The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light-duty equipment, conducted in a facility that has one or more open sides.

Property used or intended to be used for interring deceased humans and/or domestic pets, including family plots, crematories, mausoleums, and mortuaries, and that may include, as an accessory use, the sale of burial items, such as caskets, monuments and urns, if operated in connection with and within the boundaries of such cemetery, also for which perpetual care and maintenance is provided.

The removal of a property or properties from one zoning classification and the assignment of the property or properties to a second classification.

A business that, for compensation, engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. A check-cashing facility does not include a chartered bank, savings association, credit union, or industrial loan company, nor does it include a retailer engaged primarily in selling consumer goods to retail buyers that cash checks or money orders for minimum flat fees as a service that is incidental to its main purpose of business.

A building, other than a single-family dwelling or two-family dwelling, where a nonprofit organization conducts worship and/or religious instruction on a regular basis, and that may include administrative offices, social rooms, classrooms, day nurseries and other uses accessory thereto related to its mission and outreach.

The governing legislative body of the City of Butler.

An establishment where several practitioners offer a range of related services to human patients, including, but not limited to, medical, dental, chiropractic, psychological and surgical diagnosis, treatment and/or counseling provided under the care of practitioners licensed by the commonwealth and their supporting staff, where said patients are not provided with board or room or kept overnight on the premises, and where no surgery other than minor medical or emergency surgery is performed.

An incorporated or unincorporated association of persons organized for a social, athletic, educational, literary or charitable purpose. Property occupied by a "club" shall be deemed to be semiprivate in character and shall be subject to City regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.

A mechanical, electronic or electrical machine which becomes ready to play by one or several operators upon the insertion of a coin, paper money, or any other payment method, and which depends on the skill and competence of operators competing between themselves or of an operator competing against the machine for a prize or recognition. Each device shall be located so that a floor area of at least 15 square feet is maintained free of obstruction in front of, and/or on either side of, each device and, in addition, an aisle at least four feet in width is provided leading from or through the area containing the devices to the building exits.

Any structure designed for transmitting or receiving wireless communications of video, voice, data or similar transmission, including, but not limited to, omnidirectional or whip antennas, direction or panel antennas and satellite or microwave dish antennas, which is operated by any agency or corporation other than a public utility regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of the municipality, Butler County or the Commonwealth of Pennsylvania or by any police, fire, emergency medical service or emergency management agency.

Any structure, whether freestanding or attached to a building, that is operated by any agency or corporation other than a public utility regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of the municipality, Butler County or the Commonwealth of Pennsylvania or any police, fire, emergency medical or emergency management agency, including monopole, self-supporting and guyed towers designed to support multiple essential communications antennas on one or more of the following types of mounts: rotatable platform, fixed platform, multipoint or side-arm mounts and pipe mounts for microwave dish antennas.

See "school, commercial."

An area of land owned by and maintained by an organization for the benefit of those holding memberships in the organization; also, an area of land or water, or a combination of land and water, within a development site and 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.

A statement required by the Pennsylvania Municipalities Planning Code[3] to appear in a zoning ordinance, demonstrating that the ordinance is based on a municipal comprehensive plan relative to land use, population density and location of streets and utilities.

A building designed and constructed so that all exterior walls shall be solid from the ground to the roofline, containing no openings except for windows and doors which are designed so that they may be closed and any other small openings required for the ventilation system.

A document based on study and analysis of a municipality, projecting growth and change and recommending measures to cope with such growth and change, such as creating or modifying a zoning ordinance which is effective only if arising directly from such a plan.

A use permitted in one or more districts as defined by this chapter, but which, because of characteristics peculiar to it or because of size, technological processes or equipment or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same district and to assure that such use shall not be harmful to the public interest. Conditional uses can be granted only following a recommendation by the Planning Commission and a public hearing and approval of the governing body of the municipality in strict compliance with standards expressly outlined for such uses, and pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code.[4] The governing body of the municipality may attach conditions to the approval of a conditional use.

Ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of a particular unit or apartment in such building. Each individual has an absolute title to his/her apartment which he/she may sell, mortgage or devise as he/she could with a single-family dwelling that he/she owned.

An imaginary line connecting all points with the same elevation above or below a fixed base point whose elevation is known.

A retail store primarily servicing customers in the immediate area that offers a limited selection of grocery, household and personal items for quick purchase and that may include a car wash or the dispensing of gasoline.

The extent to which a permitted structure occupies its lot, expressed most commonly as the percentage of the ground area occupied by the structure to the total lot area.

An establishment containing a furnace designed to cremate or reduce to ashes human or animal remains of the deceased.

An establishment primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form.

The following day-care types are included in this chapter:

A business establishment that provides one or more of the following services to customers who do not stay overnight on the premises: massage therapy, facials, body wraps, tanning, steam or sauna baths, herbal treatments, manicure, pedicure, nutritional counseling, yoga, exercise, aromatherapy, reflexology and relaxation therapy.

A roofless outdoor space built as an aboveground platform projecting from the wall of a building and which is connected by structural supports at grade or by the building structure.

A measure of the intensity of the use of the land, usually measured by the number of dwelling units per gross acre of land area, exclusive of public streets, or by the number of units per multiple-family dwelling, or by the number of units in a residential development option plan.

Any land development that, because of its character, magnitude, or location, will have a substantial effect upon the health, safety, or welfare of citizens in more than one municipality.

An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. A traditional neighborhood development is relatively compact, limited in size, and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is typically in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and is appropriately designed to serve the needs of pedestrians and vehicles equally.

An area accurately defined as to boundaries and location on an official zoning map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded, as set forth in this chapter.

The edge of a zoning district where it abuts another district or a municipality boundary.

The storage of documents generated by business and government.

A building used as group living quarters for a student body or religious order accessory to a school, convent, monastery or other institutional use having a number of sleeping rooms, often with shared occupancy and shared bathroom facilities.

A depression across the ground surface that collects water runoff from surrounding land and carries it to a larger stream, or an underground pipe serving the same purpose.

Any principal use or accessory use that involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services. These include, but are not limited to, drive-in or drive-through windows at fast-food restaurants, banks, exterior automated teller machines (ATMs), quick-oil-change facilities, car washes and similar automotive services, and other such facilities.

A building designed exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, on a permanent basis, but not including hotels or motel units.

Two or more separate buildings each containing one or more dwelling units.

The following dwelling types are included in this chapter:

A group of two or more connected rooms designed for or occupied by one family only, and containing cooking and food storage facilities, sleeping facilities, and, in a separate room, a toilet and tub or shower, with hot and cold water supplied, all for the exclusive use of the family occupying the dwelling unit. All rooms composing a "dwelling unit" shall have access through an interior door, or interior doors, to all other parts of the dwelling unit.

The act of altering the natural balance of an area of land, thereby rendering it subject to erosion by wind and/or water typically due to the removal of vegetative cover and/or topsoil, or changing drainage patterns due to earthmoving activities, including filling, without compensating rehabilitation of the disturbed and/or surrounding area.

The rearrangement of the earth's surface by excavation and/or filling to accommodate development.

A right-of-way granted across private property generally for public utility lines or stormwater, or for access to other properties beyond, passage over which is guaranteed by the grantor to those using the easement.

See the definition of "apartment, efficiency."

A professional engineer licensed by the Commonwealth of Pennsylvania.

Predominantly spectator uses conducted within an enclosed building, including motion-picture theaters, concert or music halls, or sports. Facilities with a capacity of less than 300 are considered small and those with a capacity of over 300 are considered large.

Lands which, because of their characteristics or locations, are limited with regard to development activities.

Items or devices weighing more than 750 pounds.

Nonvehicular items weighing less than 750 pounds.

The removal of surface materials by water, wind, ice, gravity, land disturbance, frost, or a combination thereof.

Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or disturbed, and any resulting conditions.

An individual or two or more persons related by blood, marriage or adoption, or a group of not more than three persons who are not so related, living together in a dwelling unit. Persons boarding or lodging in a dwelling may only be permitted as provided in certain zone districts by this chapter. Persons referred or placed by court order, through foster placement or by a social service and under supervision may occupy a dwelling unit only as provided by this chapter for transitional dwellings. A "family" may include one foster-placed individual at any time and a second foster-placed individual on an emergency need for a period not to exceed 90 days.

An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits and vegetables, fresh flowers, arts and craft items, and food and beverages (but not to include secondhand goods) dispensed from booths located on site.

A barrier restricting or preventing passage between areas that it borders, but not retaining earth embankments.

Earth material excavated from elsewhere, deposited upon undisturbed earth in the process of grading.

Acknowledgment by a municipality that all procedures required prior to acceptance of a development proposal have been successfully completed and that the municipality agrees to the carrying out of the proposal as presented.

A normally dry land area adjacent to a stream channel or channels that is susceptible to being inundated by overbank stream flows. For regulatory purposes, the Flood Plain Management Act (Act of October 4, 1978, P.L. 851, No. 166)[5] and regulations pursuant to the Act and delineated on a map produced by FEMA shall dictate. The City of Butler Floodplain Ordinance,[6] as amended from time to time, shall regulate construction within designated floodplain areas.

The floor area of the building or buildings on a zoning lot divided by the area of that zoning lot. A floor area of a building or buildings is the sum of the gross horizontal area of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings. Floor area shall include the area of basements when used for residential or commercial or industrial purposes, but need not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment or the basement apartment of a custodian in a multifamily dwelling, except that portion of the custodian's dwelling unit which is in excess of 50% of the total basement floor area. In calculating floor area, the following need not be included:

A manufacturing plant designed to process food products, other than meat from live animals, for sale, which processing may include the cooking, baking, freezing and packaging of such products.

A group of people, formally organized for a common interest, which holds regular meetings at which dining, drinking, and entertainment for the enjoyment of dues-paying members and guests may be provided, and which has formal written membership requirements.

The distance between side property lines of any property, measured along the right-of-way line of the street to which the property has access.

A building used for the embalming of deceased human beings for burial and/or for the display of the deceased and ceremonies connected therewith before burial or cremation and the display and sale of caskets, urns and other burial items as accessory uses.

An accessory building or an accessory portion of the principal building, enclosed on not fewer than three sides, not being accessible to the general public and designed or used for shelter or storage of private vehicles and personal property of the occupants of the principal building, but not intended to house an automotive repair facility.

A building, other than a private garage, containing two or more parking spaces accessible to the general public, used for the storage or parking of motor vehicles or where such vehicles are kept for remuneration, hire or sale, but not including the repair of vehicles or the storage of dismantled or wrecked motor vehicles or junk, as defined by this chapter.

A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories. In addition, the facility may provide minor vehicle servicing, minor repairs and maintenance, including engine rebuilding (but not reconditioning of motor vehicles), collision services such as body, frame, or fender straightening and repair, or overall painting of automobiles.

An establishment offering the retail sale of petroleum products and which may include the sale of prepackaged food items and tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages, and pastries may be included in the food items for sale.

City Council; also referred to as "municipal governing body."

The process of changing the natural surface of the land in order to carry out a development plan.

Any supervised long-term group living arrangement licensed by the commonwealth for any of the following:

A nonprofit or for-profit boarding home for the sheltered care of up to eight persons with special needs in addition to food and shelter and in need of supervision and rehabilitative services, and which is licensed by the appropriate state and county agencies.

A commercial recreational enterprise or private club which has as a principal use a gymnasium, swimming pool, tennis, racquet or handball courts or exercise facilities, including locker rooms and showers, and which may offer massages, whirlpool baths, steam rooms, saunas and/or medical facilities as accessory uses to the principal use and which may include the sale of food and beverages to patrons when incidental to the principal use, but not including a restaurant or bar.

An area designed for takeoff and landing non-fixed-wing aircraft.

A facility providing, without charge, single-night, temporary lodging, with or without meals, for people with no ordinary or regular home or residence address, such as a cold night shelter. Such shelters shall not provide lodging on a regular basis and shall not continually provide shelter for the same individuals. A temporary overnight shelter shall be used only as an accessory use to a church or nonprofit agency that has been established for a period of at least 12 consecutive months and where specifically permitted in this Code and shall meet the following requirements:

The establishment and maintenance of a business entirely within a single-family dwelling or as a conditional use in other types of residential buildings, utilizing not more than 1/2 of the area of one floor, employing not more than one person not resident in the dwelling, providing off-street parking at the rate of one space per 300 square feet of floor area used for the business or fraction thereof and identifying the business by not more than one nameplate sign not more than two square feet in area. The following business activities may be permitted:

An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients, licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice, including facilities for care and treatment of mental and nervous disorders and alcoholics.

A building or premises for the medical or surgical treatment of animals or pets, including dog, cat and veterinary hospitals, including the boarding of hospitalized animals and the boarding of animals not subject to medical or surgical treatment.

A building or portion thereof designed or used for transient rental to six or more guests, where lodging with or without meals is provided for compensation. A central dining room, banquet meeting halls, and a kitchen, plus accessory shops and services catering to the general public, may be provided.

A charge or fee imposed by a municipality on new development in order to generate revenue for funding the costs of transportation improvements necessitated by, and attributable to, that new development.

Sale at retail price of goods produced in a manufacturing plant on the same premises.

A residential facility designed to provide housing for elderly and handicapped persons who are independently mobile and not in need of supervision. The facility includes certain design features associated with the needs of the elderly or handicapped, not customary in the construction of conventional dwelling units, such as emergency call systems, handicapped facilities, common dining facilities, common laundry facilities, minimal housekeeping, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.

An enterprise operated for profit in a completely enclosed building that offers amusement or entertainment to the general public, including, but not limited to, a movie theater (other than an adult motion-picture theater or adult mini motion-picture theater), a live theater (other than an adult live theater), arcade, dance hall, billiards parlor, game room or similar uses.

See "modular home/industrial home."

Establishments engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from raw materials, or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors, or vibration beyond its property line. This includes, but is not limited to, specialized operations that require good transportation access and facilities (possibly including rail), significant electric and gas service, high-speed fiber, public services such as transit, significant parking facilities, and other facilities and services not conducive to residential or commercial areas.

Establishments engaged in the indoor manufacturing, assembly, fabrication, packaging, or other industrial processing of finished products or parts, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This includes, but is not limited to, businesses engaged in the processing, fabrication, assembly, treatment, or packaging of food, textiles, leather, wood, paper, chemical, plastic, or metal products, but does not include basic industrial processing from raw materials. It can also include uses such as wholesale activities and mini-warehouses.

Consumer sales promotions that involve the use of computer-generated games following the purchase of a game card which entitles the purchaser to a phone card or a set amount of network access time (NAT). If the purchaser chooses, he or she can use the game cards to play online Vegas-style computer games. In playing these games, the purchaser can win more Internet time and points that have no cash value (both of which are predetermined at the time the game card is purchased) but give them chances in sweepstakes where they can win money and/or prizes. Unless specifically used, the NAT or phone minutes never decrease while the purchaser plays the computer-generated games. These "cafes" are for adult use and entertainment only. See also the adult-oriented businesses definitions in § 260-79M(3).

Any rubbish or scrap material, including all paper cartons, boxes, barrels, wood, excelsior, bedding, rags, sacks, cans, metal, glass, crockery, mineral refuse, ashes and any similar substances, scrapped or used appliances, fixtures, automobile parts, machinery and machinery parts or other similar material or any other form of discarded, unused or unusable materials, including building materials.

Any person or enterprise having a fixed place of business in the municipality and engaged in conducting, managing or carrying on the business, either wholesale or retail, of buying, selling, salvaging, recycling or otherwise dealing in junk, as defined by this Zoning chapter.

Any premises devoted wholly or in part to the storage, buying or selling, salvaging, recycling or otherwise handling or dealing in junk, as defined by this chapter.

A structure and/or premises where, at any one time, four or more dogs, or four or more cats, or four or more birds or four or more other domesticated animals over six months of age are housed, groomed, nurtured, kept, bred, trained, boarded, and/or sold for a profit or not. Exotic animals are not permitted in a commercial kennel.

A structure and/or premises where, at any one time, fewer than four dogs, or four cats, or four birds, or four other domesticated animals which are less than six months old are housed, groomed, nurtured, kept, bred, trained, and/or boarded, but are not sold for profit. Exotic animals are not permitted in a private kennel.

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); or a lessee if he/she is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.

A space accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.

An owner-occupied single-family dwelling where, for compensation and by prearrangement for definite periods of time, lodging is provided for more than two but fewer than six persons. No meals are provided. "Lodging houses" shall not be construed to mean rest homes or convalescent homes.

A parcel, 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 in accordance with the requirements of this chapter.

The total horizontal area included within lot lines.

A lot at the junction of and abutting on two or more intersecting streets or alleys.

The average horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

A lot which abuts other lots on each side.

A line of record bounding a lot which divides one lot from another lot or from a public or private street or other public space.

That lot line that is contiguous with the street right-of-way line.

The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

The change, rearrangement, or removal of a lot line. Refer to the County's Subdivision and Land Development Ordinance (SALDO).

Any lot line which is not a front lot line or rear lot line.

A lot described in a deed, or shown on a plan of lots, which has been recorded in the office of the Recorder of Deeds of Butler County, Pennsylvania.

The average horizontal distance between the side lot lines.

A portion of a loading area set aside so that trucks may enter and leave the area moving in a forward direction.

See "mobile home/manufactured home."

A fixed shelter used only as a roof and extending beyond a building line, a building wall or a street lot line, and which is supported by the building to which it is attached or which is freestanding.

An establishment other than one operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, but not including an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

An organization established for the mutual benefit of its members, income of which is used for the operation of the club or for charitable purposes and whose premises contain no residential accommodations except for a caretaker or manager and his/her family, and which is qualified under Section 501(c) of the Internal Revenue Code.

A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons. These clinics/centers are subject to the regulations in Section 621 of the Pennsylvania Municipalities Planning Code,[8] as well as local codes and regulations.

An establishment where beer, ale, etc., are brewed, typically in conjunction with a bar, tavern, or restaurant use. The maximum brewing capacity shall not exceed 20,000 gallons per year.

A building, group of buildings, or property with controlled access that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property.

A building with one or more dwelling units in the same building with one or more commercial or office uses.

A development that provides for a mixture of land uses possibly including, but not limited to, single-family and multi-family residential, commercial, medical and institutional services, office, recreational, green space, and light industrial.

A structure transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, and which is certified by HUD.

A structure which is primarily designed for residential use and is wholly or mostly made, constructed, fabricated or assembled in manufacturing facilities. These structures are then shipped to the home site for assembly and installation. The term "modular home" does not include a structure or building classified as an institutional building or manufactured 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, automobile courts and motor lodges.

A plan developed and adopted by any number of contiguous municipalities in accordance with MPC Articles III and XI;[9] also, the Butler Area Multi-Municipal (BAMM) Plan.

See "Pennsylvania Municipalities Planning Code."

A restaurant or portion thereof or any other establishment serving food and drink, whether or not the consumption of alcoholic beverages is permitted or allowed on the premises, that has a seating capacity of 100 patrons or more and that offers entertainment, either live or recorded, and that is characterized by low light levels and closely placed tables around a stage, bandstand or dance floor.

A property that is too small in area and/or dimension to satisfy the minimum bulk and dimensional requirements of this chapter or subsequent amendments to it based on the property's location in a particular zone district, provided that such lot was a legal property prior to the enactment of zoning.

A structure or part of a structure manifestly not designed to comply with the applicable use provisions in this 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.

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the time of the enactment of such ordinance or amendment or prior to the time of the application of such ordinance or amendment to its location by reason of annexation.

Any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group, including, but not limited to, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic or medical activities, and which is qualified under Section 501(c) of the Internal Revenue Code.

An institution licensed by the commonwealth for the long-term, inpatient, overnight care of human patients requiring skilled nursing or intermediate nursing care, but not including surgical procedures or care and treatment of drug or alcohol addiction.

A certificate issued by the Zoning and Code Management Officer attesting to the fact that all requirements of this chapter and other applicable regulations and municipal ordinances have been met and that the building for which the permit applies may be occupied by its owners. All new businesses, relocated businesses, home occupations and businesses which have undergone a change in ownership shall be required to obtain an occupancy permit for zoning compliance.

A building designed and/or used primarily for office purposes.

An area set aside on a lot for parking of cars entirely outside a public street.

A sign of any kind or character whatsoever placed for outdoor advertising purposes.

Any lot, parcel or yard used in whole or in part for the storage of two or more vehicles where such usage is not incidental to, or in conjunction with, a one- or two-family dwelling; or a portion of a lot designated for the parking of motor vehicles in accordance with the requirements of this chapter.

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.

The arrangement and marking of stalls to contain individual cars, and access lanes abutting the stalls and connecting to the abutting public street(s), as required by this chapter.

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.

A parking area which is an accessory use to a facility on the same lot.

The number of necessary off-street parking spaces to serve a specific use, generally on the same property as the use. The number of spaces required shall be in accordance with this chapter.

A space within a building, lot or parking lot for the temporary parking or storage of one motor vehicle.

An open area of ground set aside for public use with recreational facilities, playgrounds and structures, or left in a natural state, owned by the municipality, a municipal authority, or otherwise dedicated to public use, or owned and operated by a nonprofit association for the benefit of the public or the residents of the municipality.

An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

The enabling legislation of the commonwealth regulating the right of municipalities to adopt zoning ordinances.[10]

A guarantee, backed by moneys held in escrow, that a contractor will complete an improvement in accordance with specifications established by the municipality.

An activity which is expressly allowed to occur on a property because of the property's location in a particular zoning district.

A facility (nonprofit or for-profit), licensed by the commonwealth and located within a dwelling or facility, where room and board are provided to more than three permanent residents who are not relatives of the operator. These residents are mobile or semimobile and require specialized services in such matters as bathing, dressing, diet and medication prescribed for self-administration for a period exceeding 24 consecutive hours, and/or counseling and transportation services, but are not in need of hospitalization or skilled nursing care or intermediate nursing care. For the purposes of this chapter, "personal care home" or "boarding home" shall include assisted-living facilities.

Any enterprise primarily engaged in providing services to a person, his/her apparel or personal effects commonly carried on or about his/her person, including, but not limited to, shoe repair, tailoring, clothes cleaning, watch repair, beauty shops, barbershops, tanning salons, piercing, tattooing, day spas, practitioners of the healing arts and the like.

The Planning and Zoning Commission of the City of Butler.

The map or plan of a subdivision or land development, whether preliminary or final.

A plan of a lot, drawn to scale, showing the actual lot measurements, the size and location of all existing structures and structures to be erected, dimensions from the structures to the property lines, the location of the lot in relation to abutting streets, and other such information as required.

A roofed, open structure projecting from the side, front or rear wall of a building. For the purpose of this chapter, a porch is considered a part of the principal building.

The placement of a notice upon a signboard on a property calling public attention to proposed changes in the zoning status of the property, or a request for a variance, indicating the date, time and place of the hearing at which such matter will be heard.

An establishment that offers private educational services to children who are under the minimum required age for education in public schools.

The building or structure in which the principal use of the lot on which it is located is conducted.

The primary or predominant use to which the property is or may be devoted and to which all other uses on the premises are accessory or secondary, which is expressly allowed by this chapter because of the property's location in a certain zoning district.

Any governmental (whether federal, state, county or local), quasi-governmental, or private institution or facility engaged in the act of confining, housing or holding inmates accused or convicted of criminal activity, assigned and/or committed by any court and who are housed, held or confined in lawful custody, including, but not limited to, the detention, treatment, rehabilitation or execution of offenders through a program involving penal custody, parole and probation.

Owned, operated or controlled by an individual, group of individuals, association or corporation.

Persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

A tract of contiguous land surface, all sections of which are in the same ownership, surrounded by a boundary that closes on itself.

All or a part of the boundary describing the limits of a property.

Owned, operated or controlled by a government agency, federal, state, county or local.

Any structure owned and operated by a public body or agency, or any public utility agency, which disperses general service to the public, including road maintenance garages and utility substations.

An official meeting called by a municipal governing body or a body delegated to call such a hearing, duly announced in local newspapers, for the purpose of taking testimony or information from all parties having an interest in a matter of concern to the municipality, as a basis for the governing body to make a decision.

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act,"[11] as now or hereafter amended.

Notice published once each week for two successive weeks in a newspaper of general circulation in this municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at that 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.

A private business organization performing some public service and subject to special governmental regulations, the services of which are paid for directly by the recipient thereof. Such services shall include, but are not limited to, water supply, sewerage, electric power, gas and transportation for persons and freight.

The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating, fishing, ballgames, and swimming, or may be passive, such as enjoying the natural beauty of the environment or its wildlife. Types of recreation include:

An area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses, whether the use of such area is limited to private membership or whether open to the public, upon the payment of a fee or service charge.

An area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses, open to the public and not operated for a profit.

The business or establishment operating a facility for the pursuit of sports and similar recreational activities.

The reconsideration after a specified time period by a municipal governing or appointed body of a grievance previously decided not in favor of the person bringing the original appeal but requested by him/her for review because of changed circumstances or new information affecting the original appeal.

Any building or property owned by a church or other nonprofit organization devoted to a religious purpose, which may include one or more of the following activities: youth or adult camp, retreat, revival center, biblical walk, memorial site and other similar one-time, periodic, year-round or seasonal activities, whether or not these activities are conducted on the site of a church, as defined herein.

The removing from force or effect of a section of an ordinance or an entire ordinance previously passed by a municipal governing body but subsequently rescinded by official action of the body.

See "parking, required."

A structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.

Any facility licensed by the state, public or private, for gain or otherwise, that regularly provides one or more persons with twenty-four-hour substitute care, food, lodging, training, education, supervision, rehabilitation, and/or treatment that cannot be furnished in the person's home. These include: foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, handicapped children's homes, residential programs, etc.

An establishment that offers food and beverages for sale and consumption either on, or on and off, the premises as the principal use and that may serve alcoholic beverages for consumption on the premises as an accessory use.

See "nursing home, rest home, convalescent home, guest home or home for the elderly."

The sale on the premises of commodities and/or services directly to consumers, and may include the storage or warehousing of materials incidental to the retail sales on the premises, but does not include the manufacturing or processing of any products.

A place of residence for several families or individuals in apartment-like quarters, rented or condominium, which may feature services to retired persons such as limited nursing facilities, minimum-maintenance living accommodations and recreation programs and facilities.

A strip of land which has been dedicated by the municipality for public use and which provides access to private property abutting it, connecting with other rights-of-way to form a vehicular and pedestrian circulation pattern in the municipality. A right-of-way is also an easement across private property for the passage of public utilities or the disposal of stormwater.

The surface water discharge or rate of discharge of a given watershed after a rainfall or snowfall that does not enter the soil but runs off the surface of the land.

A public or private institution of learning which is registered with or accredited by a recognized regulatory agency.

A building where instruction is given to pupils in arts, crafts, trades or professions and operated as a commercial enterprise distinguished from schools supported by taxation.

An institution of learning which offers instruction in the several branches of learning required by the state.

The process by which mineral or organic matter is assimilated or deposited by moving wind, water, or gravity. Once the matter is deposited (or remains suspended in water), it is usually referred to as "sediment."

See "mini-warehouse or self-storage facility."

Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals, businesses, industry, government, other enterprises, or domestic pets.

An occupancy which provides for:

A line established by this chapter within a lot which determines the minimum horizontal distance measured at grade from a street lot line equal to the front yard depth or minimum distance to street lot line that a building, other structure or portion thereof, except as otherwise provided herein, may be located.

A small, portable (nonpermanent) accessory structure used to store household goods, tools and equipment. A shed may not be used as a dwelling. To be considered a shed, the structure may not exceed 144 square feet in area, may not exceed 12.5 feet in height (including roof peaks) and shall be limited to one floor.

A name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land. However, the above definition of a sign shall not prohibit the display of any official court or public office notices, nor any official or municipal traffic control or parking sign or device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. "Sign" does not mean a sign located completely within an enclosed building. Each display surface of a sign shall be considered to be a sign.

A land surface, not necessarily a complete property and possibly several properties, developed or proposed for a specific use.

A plan drawn to scale, depicting the development of a tract of land, including but not limited to the location and relationship of the structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, rights-of-way, erosion and sedimentation control, existing and proposed grading, walkways, and other site development information as related to a proposed development.

One-person-occupancy rooms for sleeping that are rented on a weekly or monthly basis, which provide common cooking facilities for meals, common bathroom facilities, and common laundry facilities. Each room for sleeping is limited to one person. Sleeping rooms must comply with the Pennsylvania Uniform Construction Code (PA UCC) and § 260-118A of this chapter.

The granting by the Zoning Hearing Board of specific uses which this chapter authorizes under specific conditions.

Natural or mechanical treatments of a mass of soil or ground area to increase or maintain its stability or otherwise improve its engineering properties and resistance to erosion.

A structure or land use in or on which equines are kept for sale or hire to the public. Breeding, boarding, and/or training of equines may also be conducted. Instruction in riding, jumping, and showing may be offered.

The keeping of horses for personal use only on a lot which does not meet the minimum acreage requirements for a farm, not involving any profit-making activity such as boarding, riding instruction or training of horses owned by persons other than residents of the lot. A minimum of five acres is required.

A transcription of the testimony taken at a public hearing, recorded by a professional stenographer at that hearing.

A public or private thoroughfare which affords primary vehicular access to abutting properties. The word "street" shall include the words "road," "avenue," "highway," "parkway" and other terms commonly applied to public or private thoroughfares, but shall not include the word "alley." Types of streets include:

See "frontage."

Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including buildings and walls or fences exceeding four feet in height and display signs.

The use of a premises by a teacher of music or dancing where students are taught arts for a fee, and where more than one student may be taught arts for a fee, and where more than one student may be taught in a class at one time. This term is synonymous with "dancing school" and other similar expressions.

The division of an area of land, by any means, into two or more lots, tracts, parcels or other division of land, including changes to 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.

The arrangement of the division of an area of land into two or more lots for the purpose of immediate or future sale or lease, as regulated by the municipality and county subdivision regulations.

Any addition to an ordinance either to amplify existing requirements or to add additional controls, requiring the same procedures as for amendment.

Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. As herein defined, the term "swimming pool" shall be deemed to be a structure.

See "bar or tavern."

Acknowledgment by a municipality that all preliminary aspects of a proposal for development have been successfully completed and that the developer may proceed into final planning, but in no way permitting the developer to commence construction.

A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances.

A property that abuts two streets that are parallel or approximately parallel to one another and occupies the land between them.

A dwelling unit, within a group of at least three similar units fronting on a public street, attached to adjacent units at a common party wall and having direct access to the outside at ground level, and with open space on at least two sides.

The attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.

See "dwelling types," Subsection D, "dwelling, transitional."

Ground surface which has not been altered in connection with grading for construction or previously altered for a period of at least two years prior to such grading.

The purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied or maintained.

The Zoning Hearing Board's authorized departure to a minor degree from the terms of this chapter in direct regard to hardship peculiar to an individual lot in accordance with the procedures set forth in Articles VI and IX of the Pennsylvania Municipalities Planning Code[12] and this chapter. A variance shall not be interpreted to include appeals or requests that would require rezoning or amendment as otherwise provided under the provisions of this chapter.

A building used for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles.

A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with either perennial or intermittent flow.

Those areas that are inundated or saturated by surface water or groundwater, as deemed by the Pennsylvania Department of Environmental Protection (DEP), at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

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.

Any device, including, but not limited to, a wind charger, wind turbine or windmill, that is designed to convert wind power into another form of energy such as electricity or heat.

An open space, as may be required by this chapter, of minimum width or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

A common lot line on which a wall of a structure may be constructed; the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line and complies with all applicable building codes.

The officer, person or department designated by Council with responsibility for administering and enforcing this chapter.

The combination of controls, requirements and uses that are permitted by right or condition, and the constraints on development that define the activities that may occur in a zoning district and apply uniformly throughout a zoning district.

An area accurately defined as to boundaries and location on an official zoning map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded, as set forth in this chapter.

The perimeter line completely enclosing a zoning district.

The City of Butler Zoning Hearing Board, Butler County, Pennsylvania, as duly established pursuant to this chapter, which is appointed by the governing body of the municipality to examine appeals for relief from strict conformance to this chapter, and to hear testimony regarding the validity of any regulations upon development in the municipality or regarding challenges to the decisions of the Zoning Officer.

The official map delineating the boundaries and title of each of the zoning districts of the City of Butler, Butler County, Pennsylvania, together with all amendments subsequently adopted, which is incorporated in and made a part of this chapter. The official Zoning Map is on file in the office of the City's Zoning Officer.[13]

A document issued by the Zoning Officer indicating that a proposed use or structure will comply with all applicable requirements of this chapter and authorizing the applicant to proceed to erect the structure. Zoning permits are required for all uses or structures that do not require a building permit, which include but are not limited to: porches and decks, sheds, fences, swimming pools, green houses, carports, and garages (less that 1,000 square feet or per the Pennsylvania Uniform Construction Code (PA UCC). Zoning permits are valid for a period of six months.