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East Pittsburgh City Zoning Code

ARTICLE II

Terminology

§ 375-7 Word usage.

The following rules of construction shall apply to this chapter:
A. 
The particular shall control the general.
B. 
In case of any difference in meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
C. 
The word "shall" is mandatory and not discretionary. The word "may" is permissive.
D. 
Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
E. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and/or "occupied for."

§ 375-8 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined action of human activities and the natural processes at a rate greater than would occur because of the natural process alone.
ACCESSORY STRUCTURE
A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be an accessory to the use of the principal building. Accessory structures include garages, decks, and fences.
ACCESSORY USES
A subordinate use which is clearly incidental and related to that of a main structure or main use of land.
ADULT ENTERTAINMENT ESTABLISHMENT
Any theater, shop, bookstore, model studio, sexual encounter center, massage, massage parlor, escort service, adult cabaret, adult motel or other establishment which at any time displays motion-picture films, videotapes, books, magazines, publications or other forms of adult entertainment of a sexual nature or content, including, but not limited to, the display of any motion picture, videotape, book, magazine, dancing or any other form of live theater production and entertainment which is X-rated, is pornographic or obscene, depicts any live or simulated sex act or includes exposed male or female genitalia. Inclusive in this definition of "adult entertainment" are the following means of representing activities herein described:
A. 
LIVE THEATER PRODUCTIONAny dramatic, musical or comedic production performed in the presence of a live audience.
B. 
MASSAGEAny method of treating superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand, or any part of the human body, or by the use of any instrument.
C. 
MASSAGE PARLORAny building or structure or portion thereof located within the district which is opened to members of the general public, with or without the payment of a fee, at which massage services are offered.
D. 
(1) 
Any place where there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for person who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the place.
(2) 
Any place where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
(3) 
Exception. The words "model studio" do not include:
(a) 
Any studio which is operated by any state college or junior college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or
(4) 
Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection D(1) of this subsection.
E. 
MOTION-PICTURE FILMIncludes any:
(1) 
Film or plate negative.
(2) 
Film or plate positive.
(3) 
Film designed to be projected on a screen for exhibition.
(4) 
Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.
(5) 
Videotape or any other medium used to electronically reproduce images on a screen.
F. 
NUDEIncludes:
(1) 
Completely without clothing.
(2) 
With the human male or female genitals, pubic area or buttocks with less than a full opaque covering or the showing of the breast with less than a fully opaque covering of any portion thereof below the top of nipple, or the covered male genitals in a discernibly turgid state.
G. 
OBSCENE MATTERAny matter:
(1) 
Which the average person, applying contemporary standards, would find, when considered as a whole, appeals to the prurient interest;
(2) 
Masturbation, excretory functions, or exhibition of the genitals or genital areas; and
(3) 
Ultimate sexual acts, normal or perverted, actual or simulated.
(4) 
The matter taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
H. 
PUBLICATIONIncludes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, motion-picture film or internet or computer transmission which is displayed in an area open to the public, offered for sale or exhibited in a coin-operated machine, or for any other type of admission or exhibition fee.
AGRICULTURE
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
APPLICANT
A landowner, or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
ARRAY
Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
ASSISTED LIVING RESIDENCE
Any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.
AUTOMOBILE REPAIR
Any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles, including but not limited to body, fender, muffler, or upholstery work; oil change and lubrication; painting; tire service and sales; or installation of CB radios, car alarms, stereo equipment, or cellular telephones.
AUTOMOBILE SALES
Sales, leasing, rental and related servicing of new and used automobiles, light trucks, vans and sports utility vehicles, boats, off-road vehicles and recreational vehicles limited to a capacity of not more than 1 1/2 tons, motorcycles, motor scooters, mopeds, all-terrain vehicles, snowmobiles, go-carts, utility trailers and similar items; excluding, however, commercial wrecking, dismantling or junkyard.
BANK AND FINANCIAL INSTITUTION
A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.
BAR or TAVERN
A licensed business selling alcoholic beverages for consumption on the premises.
BASEMENT
A story partly below ground and having 1/2 or more of its height below the average level of the adjoining ground.
BASIC GRADE
The average elevation of the proposed grade line of the ground at the front of the structure as shown on the construction plans; in the case of a structure abutting the front property line, the elevation of the curb in front of the center of the structure or, if there be no curb, the elevation of the proposed grade line at the center of the front lot line; in case no grade line is established, the actual existing grade of the travelled roadway shall apply.
BED-AND-BREAKFAST
A transient lodging establishment, generally in a single-family dwelling or detached guest houses, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.
BILLBOARDS
A sign, greater than 50 square feet in area, displaying advertising, whether of a stable or changeable copy nature, which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located.
BMP (BEST MANAGEMENT PRACTICES)
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter.
BOARD
The Zoning Hearing Board of the Borough.
BOROUGH
The Borough of East Pittsburgh, Allegheny County, Pennsylvania.
BOTTLE CLUB
A place of assembly, other than a private residence, not having a license to dispense alcoholic beverages issued by the Pennsylvania Liquor Board and in which either food, including but not limited to snack food, prepackaged condiments, candy, sandwiches and full course meals, or nonalcoholic drinks are served and consumed whether sold or offered gratis and where patrons are permitted to bring and/or consume alcoholic beverages.
BUILDING-INTEGRATED SYSTEM 1
A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surface of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.
BUILDING-MOUNTED SYSTEM
A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Borough and that is either the principal structure or an accessory structure on a recorded lot or parcel. This system also includes any solar-based architectural elements.
CAR WASH
Mechanical facilities for the washing or waxing of private automobiles, light trucks, and vans, but not commercial fleets.
CELL
The smallest basic solar electric device which generates electricity when exposed to light.
CEMETERY
Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY
A document issued by the Building Code Official upon completion of the construction of a structure or change in use of structure or parcel of land, and indicating that the use and structure is in compliance with this chapter.
CHILD DAY CARE
A public, private, nonprofit or profit facility regulated and licensed by the Pennsylvania Department of Human Services ("DPW"), providing care or supervision to children, excluding care provided by the operator to his or her relatives (child, stepchild, grandchild or foster child) and care furnished in places of worship during religious services. The following are the categories of child day care:
A. 
CHILD DAY-CARE CENTERThe premises in which care is provided at any one time for seven or more children unrelated to the operator.
B. 
LARGE-FAMILY CHILD DAY-CARE HOME/GROUP CHILD DAY-CARE HOMEThe premises in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises.
C. 
SMALL-FAMILY CHILD DAY-CARE HOMEA home other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator.
CHURCH, PLACE OF WORSHIP
A building or structure, or group of buildings or structures that by design and construction are primarily intended for conducting organized religious services.
CIVIC, SOCIAL AND FRATERNAL CLUB
Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, to which membership is required for participation, and not primarily operated to render a service that is carried on as a business.
CLEAR SIGHT TRIANGLE
The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or right-of-way line and the curb of a driveway), each point being that distance from the intersection, and the two intersecting right-of-way lines (or right-of-way line and a driveway) specified in the accompanying illustration.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or 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.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMMUNICATION ANTENNA (CO-LOCATION)
The use of a single mount or tower by more than one carrier for the mounting of communications antennas.
COMMUNICATION FACILITIES
A communication tower and all appurtenant communications antennas, communications equipment buildings, accessory buildings and all other structures and devices necessary for the operation of the communication tower and its communications antennas within the required fenced area.
COMMUNICATION TOWER
A structure other than a communications equipment building designed and used to solely support communications antennas.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio, television, wireless telephone, personal communications services (PCS), pager, commercial mobile radio service or any other wireless communication signals, including without limitation omnidirectional antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including ham or citizens band radio antennas.
COMMUNITY CENTER
A public, quasi-public or privately maintained institution devoted exclusively to a variety of group activities, civic, social, recreational, educational and/or cultural, and maintaining the premises and facilities appropriate for such activities; provided, however, that the said premises shall not include living quarters for persons other than those engaged in the conduct and/or maintenance of the institution.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Borough of East Pittsburgh.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
CONTRACTOR'S YARD
Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.
CONVERSION DWELLING
A dwelling unit, two or more of which have been created by the subdivision of any structure or any single dwelling unit whether or not structural alterations or additions are entailed.
COUNCIL
The Borough Council of the Borough of East Pittsburgh.
COUNTRY CLUB OR GOLF COURSE
A recreational facility operated by a public or private entity which has, as its principal use, facilities for playing golf and which may include one or more of the following accessory uses: a clubhouse and/or restaurant, locker rooms, pro shop, swimming pool, facilities for racquet sports.
CREMATORIUM
A location containing properly installed, certified apparatus intended for use in the act of cremation.
DEP
The Pennsylvania Department of Environmental Protection.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLAN
The provisions for development, including 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.
DRIVE-THROUGH FACILITY
Any portion of a building or structure from which business is transacted or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DRY-CLEANING PROCESSING FACILITY
A building, portion of a building, or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort, using volatile solvents and the processes incidental thereto.
DWELLING UNIT
A structure for a family with one or more living or sleeping rooms which are arranged, designed, used, or intended for use as living quarters. A dwelling unit shall have permanent sanitary facilities; permanent facilities for sleeping, cooking and eating, and be served by a heating system capable of providing 68° F. throughout the unit when outside temperature is 0° F.
EARTH DISTURBANCE
A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and moving, disposing, stockpiling or storing of rock or earth materials.
EGRESS
A continuous and clear path of travel from any point in a building or structure to a public street.
ELECTRONIC CHANGEABLE COPY BILLBOARDS
A billboard that is capable of changing its content through electronic signals.
ELECTRONIC NOTICE
Notice given by the Borough through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
EROSION AND SEDIMENTATION CONTROL PLAN
A plan for the project site which identifies BMPs to minimize accelerated erosion and sedimentation.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of public utilities or municipal or other governmental agencies, underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communication facilities, communication towers and communications antennas, as defined herein.
FAMILY
One or more individuals related by blood, marriage or adoption and guests living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, unrelated persons who are residents of residential care facilities and group residences for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.
FENCE
A barrier constructed of materials other than shrubbery and erected for the purpose of protection, confinement, enclosure or privacy.
FITNESS CLUB or GYM
An establishment that provides exercise facilities, such as running, jogging, aerobics, weight lifting, court sports, and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses.
FLOOR AREA
In a dwelling, the sum of the horizontal areas of all rooms used for habitation, but not including cellars, attics, unheated rooms, nor rooms without either a skylight or window. In a store, shop, restaurant, club or funeral home, the sum of the horizontal areas of all space to which the customer has access, and excluding storage, office, other preparation or administrative spaces. "Gross floor area" is the sum of the horizontal area of all floors of a structure and its accessory buildings as measured between the exterior faces of walls.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONT YARD DEPTH
The prescribed minimum open space extending across the entire width of the lot between the front line of building and street right-of-way.
FUNERAL HOMES AND MORTUARIES
A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
GARDEN APARTMENTS
Garden apartments are generally located in a structure containing not less than four dwelling units; not exceeding four stories in height; sometimes designed around courts or common green spaces; often having private balconies or patios; and, frequently, exhibiting different facades and design features between structures in a garden apartment complex.
GARDEN CENTER, PLANT NURSERY, LANDSCAPING BUSINESS or GREENHOUSE
A commercial activity devoted to the raising and sale of plants and implements for gardening.
GASOLINE SERVICE STATION
Any premises used for the storage and/or sale at retail of gasoline, petroleum products, and automotive accessories and/or the rendering of services in connection with these products, including inspection, greasing, washing, polishing, servicing, and adjustment of vehicles. Automobile car rental service is permitted, provided the number of vehicles visible on the premises at one time does not exceed three vehicles (trucks, cars or trailers). This definition does not include separate automobile laundering or washing facilities commonly known as a "car wash" or "auto spa."
GOVERNING BODY
The Borough Council of the Borough of East Pittsburgh, Allegheny County, Pennsylvania.
GROUND-MOUNTED SYSTEM
A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.
GROUP RESIDENCE
A dwelling unit in a residential area where room and board are provided to six or fewer unrelated persons of any age who are permanent residents, including necessary staff who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents; such services being provided by a governmental agency, its licensed or certified agents or any other responsible nonprofit corporation meeting the minimum requirements of the sponsoring agency. This category shall not include facilities operated by or under the jurisdiction of any government bureau of corrections or similar institution.
HALFWAY HOUSE
A group residence for those who have completed treatment at a rehabilitation facility, whether criminal in nature or not, but are not yet ready to return to independent living in the community and where residents participate in structured programs designated to ease successful reintegration into society.
HEARING
An administrative proceeding conducted by a board pursuant to Section 909.1 of the PA MPC.[1]
HEIGHT
The vertical distance from the average contact ground level at the front wall of a structure to the highest point of the coping of a flat roof or to the deckline of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
HOME OCCUPATION
An occupation carried on in a dwelling solely by the dwellers therein as a secondary use, which may include the employment of only one assistant. The use of mechanical equipment, noticeable noise, odor, or other nuisance shall be governed by the performance standards of this chapter. The display, storage, or sale of goods, signs, or advertisement of commodities or services related to the conduct of a retail business is not a home occupation.
HOSPITAL
A building or part thereof used for the medical, psychiatric, obstetrical, or surgical care on a twenty-four-hour basis. The term "hospital" shall include facilities used for medical research and training for health care professions, general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such other facilities which provide in-patient care. A hospital shall be licensed as such by the Commonwealth of Pennsylvania.
INTERCONNECTION
The technical and practical link between the solar generator and the grid providing electricity to the greater community.
INTERNET CAFE/VIDEO GAMING
Any for profit business enterprise, whether as a principal, accessory or incidental use, providing two or more computers and/or other electronic devices for access to the internet, email, applications, video games, or any other similar activity for a fee that either rewards the user in currency or in any manner capable of being converted to currency whether immediate or future or any other form of compensation. This term includes but is not limited to "internet cafes," "cybercafes," "sweepstakes," or "business center." This term does not include any governmental use.
JUNK
Scrap or waste material of whatsoever kind or nature collected or accumulated for resale, disposal, or storage.
JUNKYARD
Any lot or parcel, building, or structure used in whole or in part for the storage, collection, processing, or disposal of junk.
KENNEL
A facility for the boarding of animals, the breeding of small animals such as dogs and/or cats, or the boarding, grooming, sale or training of small animals such as dogs and/or cats for which a fee is charged.
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A "watt" is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kW is equal to 1 megawatt (MW).
LANDOWNER
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), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LIBRARY
A room or building for exhibiting, or an institution in charge of, a collection of books; artistic, historical, or scientific objects.
LOADING SPACE
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LONG-TERM NURSING CARE FACILITY
A facility licensed by the Department of Health that provides skilled or intermediate nursing care or both levels of care to two or more patients, who are unrelated to the nursing home administrator, for a period exceeding 24 hours.
LOT
A designated 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.
LOT COVERAGE
The area of a lot or parcel which is covered by main and/or accessory buildings or structures.
LOT OF RECORD
Any lot which individually or as a part of a subdivision, has been recorded in the Allegheny County Department of Real Estate.
LOT, AREA OF
The horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot lines.
LOT, WIDTH OF
The mean width measured at right angles to its depth.
LOT, ZONING
A parcel of land, fronting on a street, which is or may be occupied by a structure with accessory uses and structures and the open spaces required under this chapter, including easement areas, if any, but not including any public or private street or alley.
MAILED NOTICE
Notice given by the Borough by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
MANUFACTURING
The mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semifinished products.
MANUFACTURING, LIGHT
The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods and food products, but not animal slaughtering, curing, nor rendering of fats.
MARINA, RECREATIONAL BOAT DOCKING
Any establishment for the launching, mooring, serving and/or storage (wet and dry) of recreational boats and/or other water vessels, including the sale of provisions, supplies and fuel for such boats. Such use may also include a boat and motor sales establishment and liveaboard vessels.
MAXIMUM EXTENT FEASIBLE
No feasible and prudent alternative exists, and all possible planning to minimize potential harm has been undertaken.
MEDICAL FACILITIES
A facility for the examination and treatment of ills and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, and includes doctor and dental offices and clinics.
METHADONE, SEBOXONE OR MEDICAL MARIJUANA TREATMENT FACILITY
A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons. For the purpose of this chapter, seboxone clinics and, should they be made legal, medical marijuana clinics would be treated like a methadone treatment facility, including any restrictions this chapter or the MPC would have for methadone treatment facilities (see MPC Section 621[2]).
MINERAL EXTRACTION
Mineral extraction shall include all activity which removes from the surface or beneath the surface of the land some material mineral resource, natural resource, or other element of economic value by means of mechanical excavation necessary to separate the desired material from an undesirable one, or to remove the strata or material which overlies or is above the desired material in its natural condition and position.
MINERALS
Minerals are any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
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.
MOTEL, HOTEL or INN
A building, or a group of buildings, having units containing sleeping accommodations which are available for a temporary, rental occupancy by transients and providing sufficient off-street parking facilities adjacent or convenient thereto. A tourist home containing provisions or facilities for accommodation of more than four transient occupants not normally quartered on the premises shall be considered as a motel facility under the provisions of this chapter.
MULTIFAMILY DWELLING
A building containing three or more independent dwelling units.
MUNICIPAL ENGINEER
The appointed professional engineer of the Borough.
NET METERING AGREEMENT
An agreement with a local electrical utility that allows customers to receive credit for surplus electricity generated by certain renewable energy systems.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but 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 which does not conform to the applicable sign regulations of the district 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 this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of 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 enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
The federal government's system for issuance of permits under the Clean Water Act,[3] which is delegated to the DEP in Pennsylvania.
OCCUPANCY PERMIT
Issued by the Building Code Official in the case of a change in occupancy of an apartment, private residence or single sleeping room from one person or family to another.
OFF-PREMISES SIGN
A sign other than one indicating a business conducted on the premises, upon which advertising matter of any character is printed, posted or lettered and it may be either freestanding or attached to a surface of a building or other structure. A structure, building wall, or other outdoor surface used by display-lettered or pictorial or other matter to publicize and aid the sale of any product, commodity, or service.
OFFICES, GENERAL
All offices related to insurance, real estate service, business services, advertising, duplicating, legal services, any professional offices and similar functions requiring the use of the property for general offices or personal services.
OIL AND GAS
Crude oil, natural gas, methane gas, coal-bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through, and below the surface of the earth.
PA MPC
The Pennsylvania Municipalities Planning Code, 53 P.S § 10101 et seq.
PERSONAL CARE HOME
A. 
A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.
B. 
The term includes a premises that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services, but who are not receiving the services.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to barbershops and beauty shops, dog grooming, tailor, dressmaker, shoe repair, photographer, laundry and the like.
PERSONAL STORAGE FACILITY
A building or group of buildings in a controlled access and usually fenced compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the storage of customer's goods or wares.
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly into electricity.
PLANNING COMMISSION
The Planning Commission of the Borough of East Pittsburgh, Allegheny County, Pennsylvania.
PRIVATE GARAGE
An accessory building for the storage of one or more private motor vehicles owned and used by the owner or tenant of the premises, provided that no business, occupation, or service is conducted nor space therein leased to a nonresident of the premises.
PUBLIC FACILITIES
Any facility, including but not limited to buildings, property, recreation areas, and roads, which are leased or otherwise operated or funded by a governmental body or public entity.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning commission, intended to inform and obtain public comment, prior to taking action in accordance with the PA MPC.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (Relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation 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.
PUBLIC PARKING GARAGE
A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking garage structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
PUBLIC SURFACE PARKING
A parking area for motor vehicles where there is no gross building area below the parking area and no gross building area or roof above the parking area.
REAR YARD DEPTH
The prescribed minimum open space extending across the entire width of the lot between the back line of the building or accessory structure and the rear lot line.
RECREATION FACILITY, INDOOR
An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports, including but not limited to basketball, hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized or franchised events, snack bar, restaurant, retail sales of related sports, health or fitness items, and other support facilities.
RECREATION FACILITY, OUTDOOR
A recreational land use conducted outside of a building, including uses such as athletic fields, miniature golf, skateboard park, swimming, bathing, wading and other therapeutic facilities, tennis, handball, basketball courts, batting cages, and trampoline facilities.
RESEARCH AND DEVELOPMENT FACILITY
Any establishment which carries on basic, applied, industrial and/or scientific investigations and/or research, including laboratories and testing facilities, in the natural, physical or social sciences or engineering and development and/or testing as an extension of such research with the objective of creating end products, and which may include pilot manufacturing, as an accessory use. The term also includes medical laboratories where prosthetic devices or medical equipment testing takes place exclusively on written work order of a licensed member of the dental or medical profession, but excludes other medical testing; and further specifically excludes the housing of animals or activities requiring overnight stays by subjects or investigators, biological engineering, gene enhancement and/or biological reengineering.
RESTAURANT (EATING AND DRINKING ESTABLISHMENT)
Any building, structure of facility in which food is prepared or processed for sale to the general public, and where tables, chairs, and/or counters are provided for the consumption of prepared foods entirely within the walls of the principal structure.
RETAIL SHOP OR ESTABLISHMENT
An establishment that offers items for sale, and includes building materials, hardware, general merchandise, food products, new and used automobile sales (excluding gasoline service stations), clothing, apparel, and clothing accessories, furniture, home furnishing and similar equipment, sporting goods, drugs, specialty food shops, paint stores, electrical supplies, variety stores, department stores, bakeries, dairy products, household appliances, and similar retail or general commercial outlets.
SCHOOL
Any public, parochial, or private place of instruction, not including institutions of higher learning, having regular sessions, with regularly employed instructors or teachers, who are certified by the Pennsylvania Department of Education in accordance with such standards as the State Board of Education may establish, which teach those academic subjects that are fundamental and essential in general education, and which provide kindergarten, elementary, or secondary stages of education, or a vocational school, under the supervision of the commonwealth or lawfully constituted ecclesiastical governing body and with standards of instruction meeting the requirements of the Commonwealth of Pennsylvania, including intermediate units established by the public school system of the Commonwealth of Pennsylvania, but excluding any privately operated school of trades, vocations, avocations, business, and institutional schools, or drug or alcohol addiction program or foundation.
SCREENING
Screening relative to this chapter shall mean a fence, evergreen hedge or wall at least six feet high, provided in such a way that it will block a line of sight. The screening may consist either of one or several rows of bushes or trees or of a constructed fence or wall.
SEAT
A fixed seat in a theater, auditorium or meeting room, or 24 linear inches of an installed bench or pew, or, in the absence of these, six square feet of floor space in the seating area.
SECURITY ILLUMINATION
Level of illumination in prescribed areas of 0.25 footcandles.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site or origin by air, water, gravity or ice and has come to rest on the earth's surface.
SIDE YARD WIDTH
The prescribed minimum open space extending from the side of any building or accessory structure to the side lot line throughout the entire depth of the yard. Any lot line not a rear line or a front line shall be deemed as a side line.
SIGN
Any surface, fabric or device bearing lettered pictorial or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboards, poster panels, or other graphic displays) designed to carry the above visual information.
SINGLE-FAMILY DWELLING
A detached building designed for or used exclusively for residential purposes by one family.
SITE
A lot, tract or parcel of land or a series of lots, tracts or parcels of land which are adjoining where earth disturbance activities are continuous and performed at the same time.
SITE PLAN
A map of a final development plan to be officially recorded after approval by the Borough.
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
Items, including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations, used for or intended to be used for collection of solar energy.
SOLAR PHOTOVOLTAIC (PV) SYSTEM
A solar collection system consisting of one or more building- and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A "solar PV system" is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3000 kilowatts at other customer service locations and does not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.
SOLAR-BASED ARCHITECTURAL ELEMENT
Structural/architectural element that provides protection from weather, that includes awnings, canopies, porches or sunshades, and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV-related equipment.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the Municipalities Planning Code.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicle traffic or pedestrian, whether public or private.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO)
The Allegheny County Subdivision and Land Development Ordinance.
SURETY BOND
An agreement between a landowner or his agent or a builder or developer and the Borough of East Pittsburgh, providing for full payment to the Borough for any improvements promised by the landowner, builder or developer but not completed within the time prescribed by the promissory agreement.
SURFACE WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface water or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
SWIMMING POOL
A 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 the 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.
TOWNHOUSE
A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front or rear wall to be used for access, light, and ventilation.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production either with a single-axis or dual-axis mechanism.
TRANSPORTATION TERMINAL
Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. The terminal may also serve as a passenger station that is central to an area and serves as a junction at any point with other line. A bus terminal would be a central point for passengers, and a truck terminal would be a central point for freight.
TWO-FAMILY DWELLING
A detached building designed for or containing two independent dwelling units.
USE
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.
VARIANCE
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the PA MPC.
WAREHOUSE
A building used primarily for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles.
WHOLESALE DISTRIBUTION
An establishment primarily engaged in selling merchandise to retailers, institutional, industrial, commercial or professional business customers or other wholesalers, rather than the general public, or acting as a broker for such merchandise sales. Wholesale distribution includes the warehousing of merchandise and distribution of such merchandise from the site of the principal business to other wholesale or retail businesses or institutional customers.
YARD
An open, unoccupied space, other than a court, not occupied with a building, open and unobstructed from the ground to the sky, except as otherwise provided herein.
A. 
REQUIRED YARDA yard between the lot line and the buildable area, of the dimensions required by this chapter.
B. 
REQUIRED FRONT YARDA yard across the full width of the lot extending from the front yard line to a line full parallel therewith and a distance therefrom as prescribed in this chapter.
C. 
REQUIRED SIDE YARDA yard between the required front and rear yards, extending from the side line of the lot to a line parallel therewith and a distance therefrom as prescribed in this chapter.
D. 
REQUIRED REAR YARDA yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
ZONING DISTRICT
A district of the Borough of East Pittsburgh into which the Borough has been divided for the purposes of zoning as set forth in this chapter.
ZONING HEARING BOARD
The Zoning Hearing Board of the Borough of East Pittsburgh.
ZONING OFFICER
The Zoning Officer of East Pittsburgh Borough, with such powers and duties as are conferred in this chapter.
ZONING PERMIT
A document issued to an applicant by the Zoning Officer, certifying that the proposed use of land and structures, the characteristics of the uses, and the approved site plan are in conformance with all pertinent provisions of this chapter, and authorizing the applicant to proceed with the preparation and development of such land and structure.
[1]
Editor's Note: See 53 P.S. § 10909.1.
[2]
Editor's Note: See 53 P.S. § 10621.
[3]
Editor's Note: See 33 U.S.C. § 1251 et seq.