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Edgeworth City Zoning Code

ARTICLE II

Word Usage; Definitions

§ 130-5 Word usage.

Unless a contrary intention appears clearly, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following subsections. Any word or phrase not defined specifically herein is intended to be used with its meaning in standard usage.
For the purpose of this chapter, words and phrases used herein shall be interpreted as follows:
Words used in the present tense include the future.
The word "person" includes a corporation, partnership, association or other legal entity as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" is mandatory.
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
Words used in the singular number shall include the plural, and the plural, the singular, unless the context indicates clearly to the contrary.
The word "Commission" and the words "Planning Commission" refer to the Edgeworth Borough Planning Commission.
The word "Council" refers to the Council of the Borough of Edgeworth.
The word "Board" or the words "Zoning Hearing Board" refer to the Edgeworth Zoning Hearing Board.
The words "Comprehensive Plan" refer to the Edgeworth Borough Comprehensive Plan adopted by its Council on October 9, 1978.

§ 130-6 Definitions.

[Amended 3-8-2011 by Ord. No. 522; 1-21-2014 by Ord. No. 534; 10-20-2015 by Ord. No. 541; 5-17-2016 by Ord. No. 544; 2-20-2018 by Ord. No. 548; 2-20-2018 by Ord. No. 549; 7-20-2021 by Ord. No. 555; 11-16-2021 by Ord. No. 556; 8-20-2024 by Ord. No. 559]
The following definitions shall apply to this chapter:
See "building, accessory."
See "use," Subsection B.
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
A use or structure on the same lot with, and of a nature clearly incidental and subordinate to and in connection with the principal use or structure.
The development of a new use for lands or structures originally designed to accommodate a different specific use, and which involves the removal of existing structures or portions of structures, an increase in impervious surface coverage, or a change in existing contours.
Any establishment which generates a substantial or significant portion of its revenue on material or activities depicting, describing or relating to sexual activities or anatomical genital areas. Uses include, but are not limited to, adult bookstores, adult cabarets, or adult motion-picture theaters.
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.
A right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties.
Soils consisting of or formed from material such as gravel, sand, silt, or clay deposited by flowing water and showing little or no modification of the original material by soils-forming processes.
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
A residential building used by three or more families living independently of each other and containing dwelling units.
The acreage contained within the property lines of a lot as defined in the deed or as shown on an approved subdivision plan.
For purposes of calculating the minimum "lot area" necessary to comply with the area and bulk requirements of this chapter, the following areas shall be excluded from such calculation:
Any area used for gas, oil, natural gas, electric or communications transmission facilities, whether below or above ground that does not serve the lot or lots traversed.
Any area within a street, existing or future transportation right-of-way or the area of any easement, other than a conservation easement.
Any area comprising a stormwater management basin, excluding lakes, ponds or on-lot berms.
Except to the extent that a clustered subdivision development is involved, all areas overlain by a Flood Hazard Overlay District, all area of slope in excess of 25% and wetlands.
Lots with such natural features must comply with the requirements of § 130-40, Environmental standards, when the lot is developed.
The sum of the areas of the several floors of the building or structure, as measured from the exterior faces of the walls. It does not include basements, unenclosed porches, attics not usable for human occupancy nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter nor any such floor space intended and designed for accessory heating and ventilating equipment.
A flood having a frequency or recurrence of one in 100 years (i.e., a 1% chance of being equaled or exceeded in any given year).
The base area or volume of a building when the building first became nonconforming through the adoption of a previous zoning ordinance or zoning ordinance amendment.
Any area of the building having its floor below ground level on all sides.
A resident of a boarding house.
Any dwelling with fewer than eight sleeping rooms in which more than three persons, either individually or as families, are commercially housed or lodged, with or without meals. A rooming house or a furnished rooming house shall be deemed a boarding house.
Land surrounding the immediate perimeter of a logging operation in which the cutting of trees or other vegetation shall be limited except for the isolated cutting of individual trees which are dead, damaged, sick, infected, or constitute a danger to neighboring properties or the public generally.
A combination of materials forming any structure that is erected on the ground and permanently affixed thereto, designed, intended, or arranged for the shelter, enclosure, housing or structural support of persons, animals, processes, equipment, goods or materials of any kind. "Building" shall not include sidewalks, driveways, parking spaces, or parking lots.
A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted to an accessory use is not an accessory building.
A building in which is conducted or is intended to be conducted the principal use of the lot on which it is located.
A vertical distance measured from the average elevation of the finished grade surrounding the building to the highest point of the building. Chimneys, spires, masts, elevator shafts and similar projections shall not be included in the height, provided that any such projection shall not have an aggregate area greater than 25% of the roof area. No accessory structures shall exceed 15 feet in height, measured as indicated.
The line which establishes the depth of the front yard sufficient to provide for the minimum lot width or to provide for the minimum front yard requirements, whichever is closer, for the particular district as measured from the street line.
The minimum distance between two buildings on the same lot. The minimum building spacing shall be measured from the outermost wall or projection with the exception of bay windows, chimneys, flues, columns, ornamental features, cornices and gutters which may project no more than two feet into any required yard.
The individual designated by a patient pursuant to the Pennsylvania Medical Marijuana Act[1] to deliver medical marijuana to the patient.
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the Commonwealth of Pennsylvania.
Any removal of 50% or more of the trees from a tract of land or the complete removal of trees from a portion of a tract of land. The 50% limit shall be an aggregate measurement, meaning that successive removals will not be viewed as separate.
The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
A single-family dwelling converted to a multifamily dwelling with a maximum of three dwelling units.
The diameter of a tree at breast height, usually measured 3.5 feet from the ground surface.
An open or semi-open fence erected for ornamental rather than for screening purposes.
The removal of all trees and shrubbery in an area precedent to development.
The ratio of the total number of dwelling units to the total acreage comprising a given lot area as hereinabove defined.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading and excavation, mining, dredging, drilling operation, storage of equipment or materials, and the subdivision of land.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A minor vehicular way providing access between a street and a parking area or garage within a lot or property.
A building or entirely self-contained portion thereof containing complete housekeeping facilities for occupancy by only one family, including any domestic servants living or employed on the premises, with no enclosed space, other than vestibules, entrance or other hallways or porches, in common with any other dwelling unit. Dwellings may be classified as follows:
A building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof (duplex), or an unpierced ceiling and floor extending from exterior wall to exterior wall (stacked flat).
A building containing three or more dwelling units, including units that are located one over the other.
A building containing three dwelling units, each of which has direct access to the outside or to a common hall.
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
Four attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.
One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing three or more such dwelling units.
An alternative land development with two or more residential structures including single-family detached, two-family and multifamily uses, arranged on a single recorded parcel.
A grant of the specified use of a parcel of land to the public, a corporation or a person or, alternatively, the imposition of a restriction on any such use in an instrument of conveyance to the public, a corporation or a person.
An establishment where food is prepared and available to the general public, for a determined compensation, primarily for consumption within a structure on the premises and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.
An establishment where food, soft drinks, ice cream and similar items are sold for principal consumption outside the confines of the principal building or in automobiles, regardless of whether or not seats are provided for patrons. Drive-through service includes any service where a patron may receive service without exiting a vehicle whether or not the vehicle is parked.
A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
The removal of surface materials by the action of natural elements.
One or more persons related by blood, foster relationship, marriage or adoption and, in addition, any domestic servants or gratuitous guests thereof, or a group of not more than three persons who need not be so related and, in addition, domestic servants or gratuitous guests thereof, who share cooking facilities. A roomer, boarder or lodger shall not be considered a member of the "family."
Any type of animal normally kept or raised on a farm. Normal household pets are not included in this definition. Farm animals are classified as follows:
Large animals, e.g., horses, ponies, mules, cattle, alpacas, etc.;
Medium animals, e.g., sheep, goats, pigs, etc., and specifically including roosters.
Small animals, e.g., chickens, turkeys, pheasants, geese, ducks, fowl, etc. "Small animal" does not include rabbits, birds, fish or small reptiles.
Any type of building used for housing farm animals, including any structure required for farm animals referenced herein.
Federal Communications Commission.
Any freestanding barrier, not including a wall, which is designed to confine, restrict, enclose, delineate, or shield from view a particular lot, yard or area.
Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.
A temporary inundation of normally dry land areas.
The relatively flat or low area adjoining and including a watercourse or other body of water (such as a pond, marsh or lake) which is subject to inundation during the base flood. The "flood hazard area" also may be called the "floodplain."
That area subject to the base flood not included in the floodway area. The basis for the outermost boundary of this area shall be the base flood elevations contained in the flood profiles of the study referred to in the definition of "floodway area" below and as shown on all of the maps referred to in such definition.
Areas adjoining the Ohio River and any streams, ponds or lakes subject to a one-hundred-year recurrence-interval flood as delineated by the United States Army Corps of Engineers; in addition, any areas identified in the future by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines, subject to the review and approval of a professional engineer selected by the Borough.
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
That area within the flood hazard area capable of carrying the waters of the base flood without increasing the water surface elevation of the base flood more than one foot at any point. The land included in the floodway area will be the areas identified as "floodway" in the Flood Insurance Study prepared by the Federal Emergency Management Agency. The term shall also include floodway areas which have been identified in other available studies or sources of information for these floodplain areas where no floodway has been identified in the Flood Insurance Study prepared by the Federal Emergency Management Agency.
See "area," Subsection B.
Generally, a plant community predominantly of trees and other woody vegetation, growing more or less closely together. For purposes of this chapter, an area, grove or stand of mature or largely mature trees (six inches DBH) covering 1/4 acre or more or a grove or stand of mature trees (12 inches or greater caliper) consisting of 10 or more individual trees shall be deemed a "forest."
A person with a degree in forestry from a college or university accredited by the Society of American Foresters who has experience in wood lot management.
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.
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 or below the surface of the earth.
The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with a gas well of any depth, including injection wells; water and other fluid storage impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, compressor stations, meters and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production of and transportation of gas.
A site that consists of the area occupied by the facilities, structures, materials and equipment (whether temporary or permanent) necessary for or incidental to the drilling for, production of or operation of a gas well.
That floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by the Federal Emergency Management Agency. For these areas, elevation and floodway information from other federal, state or other acceptable source shall be used when available. When such other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
By an approved state program as determined by the Secretary of the Interior.
Directly by the Secretary of the Interior in states without approved programs.
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 floodplain area specifically identified in this article as being inundated by the one-hundred-year flood.
Surfaces that prevent infiltration of water into the ground, including all buildings, roofed areas, open decks or porches, parking areas, driveways, streets, sidewalks and areas paved in concrete and asphalt and any other areas determined by the Borough Engineer to be impervious within the meaning of this definition. In addition, any surface designed to be constructed of permeable, pervious or porous concrete, asphalt, or pavers shall be considered an impervious surface.
The percentage of the total lot area covered by impervious surfaces, as defined herein.
Those wells and activities used to place fluids and/or gases underground into porous geologic formations. Injected fluids and/or gases may include carbon dioxide, fresh water, wastewater, brine (saltwater), or water mixed with chemicals. Injection wells include all EPA classes of injection wells.
Natural or artificial bodies of water which retain water year round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool if there is any difference. "Lakes" are bodies of water two or more acres in extent. "Ponds" are bodies of water less than two acres in extent.
Areas of susceptibility to landsliding produced by the influence of natural and/or man-related activity.
The cutting down of trees in or for any type of business or commercial purpose, including the cutting of trees and clearing of land for which an application for land development and subdivision and any such cutting on an established lot.
A parcel of land used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said "lot" abuts, even if the ownership to such right-of-way is in the owner of the "lot." A "lot," for the purpose of this chapter, may or may not coincide with a lot of record.
See "area."
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot butting upon a curved street or streets shall be considered a "corner lot" if the tangent to the curve at points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
A lot which is connected to a street by an access strip of required minimum width. With an "interior lot," the front line shall be the line most parallel and closest to the street line at the end of the access strip and all other lines shall be side or rear lot lines.
An interior lot having frontage on two parallel or approximately parallel streets.
The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
The distance measured between the side lot lines at the required building setback line. In a case where there in only one side lot line, "lot width" shall be measured between such side lot line and the opposite rear lot line or street line at the required building setback line.
The ratio of enclosed ground floor area of the principal and accessory buildings to the horizontally projected area of the lot expressed as a percentage.
Any boundary line of a lot.
Any lot line which is parallel to or within 45° of being parallel to a street line, except for a line that is itself a street line and except that, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a "rear lot line." In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a "rear lot line."
Any lot line which is not a street line or a rear lot line.
Any lot line which is a street line.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this article.
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania under the Medical Marijuana Act.[2]
The Act of April 17, 2016, P.L. 84, No. 16, as amended from time to time (35 P.S. § 10231.101 et seq.).
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana. The term includes the facility from which medical marijuana is dispensed.
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana. The term includes the facility from at which medical marijuana is grown and processed.
A small WCF that:
Does not exceed two cubic feet in volume; and
Has an exterior antenna no longer than 11 inches.
To reduce to the smallest amount possible. "Minimize" shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the action required to be minimized. With respect to activities, the conduct of which is adverse to the conservation of the natural features of land, the requirement to "minimize" shall include but not be limited to the requirement that the placement of dwellings and other structures and the location of roads, sedimentation and erosion control devices and earthmoving activities shall be planned and designed so as to permit the adverse effect of the activity in question to be reduced to the smallest amount possible under the circumstances consistent with the otherwise permitted development.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exist way requirement, nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
A building designed for general or specialty retail, or office use, on the first floor, residential or office use on the second floor, and residential use only above.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land under common ownership which has been planned and improved for the placement of mobile homes for swelling or sleeping purposes and for nontransient use.
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
Structures for which the start of construction commenced on or after July 8, 1974, and includes any subsequent improvements thereto.
A lot the area or dimension of which was existing and lawful at the time of enactment of this chapter or any amendment thereto or any previously enacted zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use of land, a building or a structure which does not comply in whole or in part with the applicable use provisions existing and lawful at the time of enactment of this chapter or any amendment thereto or any previously enacted zoning ordinance or amendment thereto.
Wireless communications facilities that are collocated on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower.
The residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise or machinery in any public, commercial, or industrial building.
Shall include owner, owners, tenants, lessees and/or occupants.
An open off-street area other than a private road or way, with adequate means of access, used exclusively for the parking of automobiles of occupants of the premises.
An open off-street area other than a private road or way, with adequate means of access, available to the general public for the parking of motor vehicles.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.
See "building, principal."
See "use," Subsection C.
A building and related facilities, including land used for both indoor and outdoor activities, owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit and whose members pay dues and meet certain prescribed qualifications for membership.
A private way used or intended to be used for passage by motor vehicles.
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 formal meeting held pursuant to public notice by Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A forum held pursuant to notice under 65 Pa.C.S.A., Chapter 7 (relating to open meetings).
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.
A building, structure or facility including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, and valves relating to the furnishing of utility services such as electric, gas, telephone, cable TV, water, sanitary sewerage and public transit, to the public.
Marijuana for recreational, not medical use, if legalized by the Commonwealth of Pennsylvania.
In the event that the Commonwealth of Pennsylvania legalizes the sale of recreational marijuana, a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a state issued permit to sell marijuana other than medical marijuana. The term includes the facility from which recreational marijuana is dispensed.
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Commonwealth of Pennsylvania to grow and process recreational marijuana. The term includes the facility from at which recreational marijuana is grown and processed.
A vehicle which is built on a single chassis, not more than 400 square feet, measured at the largest horizontal projections, designed to be self-propelled or permanently towable by a light-duty truck, and not designed for use as a permanent dwelling or as temporary living quarters for a recreational, camping, travel or seasonal use.
A recreation facility owned, maintained and operated by a government agency and open to the general public.
A recreational facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
The one-hundred-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.
Any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
Any structure or structures used for worship or religious instruction, including social and administrative rooms and uses accessory thereto, but not including any activity conducted for profit.
The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
Land set aside for use as a street, alley or other means of travel, as established by the commonwealth, other appropriate governing authorities or individual property owners, and currently in existence.
The right-of-way deemed necessary as appropriate to provide adequate width for future street improvements.
A person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified, for purposes of this chapter, not as a "roomer," "boarder," or "lodger" but as a guest of a commercial lodging establishment (motel or hotel).
An educational institution under the sponsorship of a private or public agency providing elementary or secondary curriculum, and accredited or licensed by the commonwealth, and including, but not limited to such appurtenant facilities as classroom buildings, assembly areas, cafeterias, indoor and outdoor recreational areas, athletic, multipurpose fields and dormitories.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited or remains suspended in water, it is usually referred to as "sediment."
A method of selectively removing trees from a wooded area either singly or in small groups according to age and size with provision being made for natural or artificial revegetation.
The felling of certain but not all trees in an area for the purposes of removing dead, damaged, mature or marketable timber, improving the quality of a tree stand or species, or person domestic needs.
Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including hotels and other lodging places, personal, business, repair, and amusement services, health, legal, engineering, and other professional services, educational services, membership organizations, and other miscellaneous services.
Any municipal or privately owned sewer system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as an "off-lot" or "off-site" sewer. This shall include capped sewers when installed to the specifications of the Borough.
An on-lot septic tank disposal system providing for disposal of effluent for one building and its accessory building on a single lot of at least one acre.
A sanitary sewage system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on site or off site.
Any dwelling unit utilized as a single-family residence rented or leased for the purpose of overnight lodging for a period of 30 days or less.
Any signboard, ground sign, wall sign, illuminated sign, projecting sign, temporary sign, pylon or pole sign, marquee, awning, canopy or street clock, and shall include any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person when the same is oriented toward the public right-of-way and the view of the general public.
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
All land area within the site as defined in the deed. Actual area shall be from the actual site survey rather than a deed description.
All debris resulting from logging operations, including stems, limbs, and parts thereof.
The face of an embankment or cut section, any ground whose surface makes an angle with the plane of the horizon. "Slopes" are expressed in a percentage based upon vertical distance in feet per 100 feet of horizontal distance.
A wireless communications facility that meets the following criteria:
The wireless support structure on which antenna facilities are mounted:
Is 50 feet or less in height; or
Is no more than 10% taller than other adjacent structures; or
Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities.
Each antenna associated with the deployment (excluding the accessory equipment) is no more than three cubic feet in volume.
All accessory equipment associated with the wireless communications facility (excluding antennas) is cumulatively no more than 28 cubic feet in volume.
The wireless communications facility does not require antenna structure registration under 47 CFR Part 17.
The wireless communications facility is not located on Tribal lands, as defined under 36 CFR 800.16(x).
The wireless communications facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.
A lot, tract or parcel which is divided by a zoning district boundary line.
Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
That portion of a building included between the surface of any floor and the surface of the floor next above it or the ceiling next above it where there is no floor.
Those used primarily to provide access to abutting properties.
Those which, in addition to giving access to abutting properties, intercept local access streets and provide routes carrying considerable volumes of traffic to community facilities and to arterial streets.
Those serving large volumes of comparatively high-speed and long-distance traffic including facilities classified as "main highways" and "secondary highways" by the Pennsylvania Department of Transportation.
Minor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
The dividing line between the street and the lot. The "street line" shall be the same as the legal right-of-way, provided that where a future right-of-way for a road or street has been established, then that width shall determine the location of the "street line."
Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, patios, sheds, mobile homes, and other similar items.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR § 1.6100.
By virtue of engineering or spectrum usage, the proposed placement for a small WCF or its design or site location can be implemented without a material reduction in the functionality of the small WCF.
That part of a felled tree which is left above the part of the tree to be utilized by the logger.
Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.
An activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land without the need for additional administrative review and approval, and upon compliance with the applicable standards and requirements of this chapter.
A use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with the principal use.
The main use of a lot.
Those entities which meet the definition of and which are considered to be a "public utility" under the Pennsylvania Public Utility Code, and which are subject to the jurisdiction of the Pennsylvania Public Utility Commission.
Those entities formed under the Municipality Authorities Act of 1945, as amended, and which provide water or sewer service.
A modification of the literal provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement of such provisions would cause undue hardship owing to circumstances unique to the individual property for which the variance is sought.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.).
A stream of water, river, brook, creek or a channel or ditch for water, whether natural or man-made.
Those areas that are inundated by surface or groundwater with a frequency sufficient to support and which, under normal circumstances, do support a prevalence of vegetative or aquatic life requiring saturated soil conditions for growth and reproduction. "Wetlands" generally include swamps, marshes, bogs and similar areas such as sloughs, potholes, wet meadows, river overflow, mudflats and natural ponds.
Any of the following, however domesticated:
Dog family (Canidae): All except domesticated dogs, including wolf, fox, coyote, dingo, etc.;
Cat family (Felidae): All except commonly accepted domestic cats, including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.;
Bear (Ursidae): All bears, including grizzly bears, brown bears, black bears, etc.;
Weasels (Mustelidae): All including weasels, martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose, etc.;
Raccoons (Procynidae): All raccoons and civets;
Primates (Hominidae): All subhuman primates;
Porcupine (Erethizontidae): All porcupines;
Skunks;
Snakes: All venomous and constricting snakes; venomous lizards;
Crocodilians: All alligators, caimans, crocodiles, gavials, etc.;
Venomous fish and piranha;
Venomous invertebrates.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).
An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required "yard" shall be measured as the shortest distance between the structure and a lot line or street line.
A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending all streets are "front yards." In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are "front yards," except that for lots extending from Oliver Road or Nicholas Place to Beaver Road, the yard on the Oliver Road or Nicholas Place side of each property shall be considered the "front yard" and the yard on the Beaver Road side of each property shall be considered the "rear yard."
A yard between a structure and a rear lot line and extending the entire length of the rear lot line. Notwithstanding anything to the contrary in this chapter, for lots with frontage on Ohio River Boulevard, the Ohio River Boulevard side of the property shall be considered the "rear yard."
A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a "side yard."
A section of the Borough for which uniform regulations governing the use, height, area and density and intensity of use of buildings and land and open space about buildings are herein established.
That official appointed by the Borough who shall have the duty and power to administer and enforce this chapter.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.