Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged," "designed" or "intended to be used." The present tense shall include the future tense. The word "may" is permissive. The word "shall" is mandatory. All definitions within the MPC, as applicable, are hereby referenced by this chapter.
ABUTTINGHaving a common border with or being separated from such common border by an alley or easement.
ACCESSA means of approach or entry to or exit from a lot, a site or a parcel.
ADJACENTWithin proximity to or sharing a common boundary.
ALL OTHER RESIDENTIAL USESAny land use residential in nature other than defined by this chapter or the zoning ordinances of the Boroughs of Millvale and/or Sharpsburg.
ALLEYA functional service way providing a secondary public means of access to abutting properties.
ALTERATIONAny change in a structure that increases or diminishes exterior dimensions or modifies openings in the exterior walls.
AMENDMENTA refinement to this chapter which includes revisions to the zoning text and/or the Zoning Map by resolution of the Borough Council.
ANIMAL HOSPITALA business establishment operated by a veterinary medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical treatment of domestic, agricultural or zoological animals.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities, as defined below.
APARTMENTA suite of rooms or a single room in a building containing three or more dwelling units, each with its own cooking, food storage, bathing and toilet facilities and with access directly or by a common hallway to the outside. An apartment building is three or less stories.
APIARYAny place where one or more colonies or nuclei of bees are kept.
APIARY OPERATIONIncludes all colonies owned by an individual and located in any permanent location or locations within the commonwealth.
APPLICANTA landowner and/or developer who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application required to be filed and approved prior to the start of construction or development, including but not limited to an application for zoning approval. Every application for development must include the form designated by the Zoning Officer, the appropriate site plan and all other information required by this chapter.
APPURTENANCEThe visible, functional or ornamental objects accessory to and part of a structure.
ARRAYAny number of electrically connected photovoltaic (PV) modules providing a single electrical output.
ARTISAN WORKSPACE/SALESAn establishment, in conjunction with or without a dwelling, designed for the preparation, instruction, display and/or sale of individually crafted work related to artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, literature or performance of fine arts, such as but not limited to drawing, dance, or vocal or instrumental music.
AUTO SALES/SERVICE AND REPAIRA business establishment used for the display or sale of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles and/or boats. Such use may also include the servicing or repair of vehicles of the brand sold at the establishment.
BAKERY/CONFECTIONARYA facility where baked goods are prepared and baked, which may utilize an open flame.
BANKS AND FINANCIAL INSTITUTIONSA business establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as banks, savings, loans, credit unions or check-cashing establishments.
BASEMENTThe space enclosed by the foundation or ground-floor walls of a building partly or wholly below the average level of the adjacent ground. A basement shall not be counted as a story for purpose of height measurements unless 1/2 or more of its height is above the finished lot grade level.
BED-AND-BREAKFASTA business establishment that occupies a single-family dwelling and, if applicable, associated accessory structures, where limited overnight lodging and breakfast is provided for compensation to guests and where said use may or may not also host accommodations for private events, such as weddings, parties, seminars and conferences.
BEEAny stage of the common hive of honeybee (Apis mellifera) or any other species of the genus Apis.
BERMA bank of earth generally intended to screen activity on a lot from activity on an adjacent lot(s), or vice versa, or a public way.
BLOCKAn area bounded by streets, right-of-ways, streams or other similar natural features.
BLOCK FACEThe contiguous facades of buildings along one side of a street between two intersecting streets. A corner lot shall have two block faces.
BOARDAny body granted jurisdiction under the MPC or a land use ordinance which has the authority to render final adjudications.
BOROUGHBorough of Etna, Allegheny County, Pennsylvania.
BOROUGH COUNCILThe governing body of the Borough of Etna, Allegheny County, Pennsylvania.
BOUNDARYA line which may or may not follow a visible feature that defines the limits of a geographic entity, such as a census tract, a county, a municipality, a lot, a district, a property or a place.
BREW PUBA business establishment which provides on-site alcoholic beverage sales for drinking on the premises, where food is served, where live entertainment (not including adult entertainment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.
BREWERYA facility that brews ales, beers, meads, and/or similar beverages on site.
BUFFER YARDAn area of land, together with trees, grass, ground cover, shrubs, bushes, or other natural landscaping material, walls, berms or fences thereon, located between different land uses to minimize potential conflicts between them.
BUILDING COVERAGEThat percentage of the lot area covered by buildings. In determining building coverage, cornices, eaves and gutters shall be excluded.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the following points:
BUILDING INSPECTORQualified professional delegated by the Borough to do building control and/or other duties as identified by the Borough Code.
BUILDING LENGTHThe longest dimension of a building, measured to the outside walls at ground level.
BUILDING LINEA line parallel to and a distance from the lot lines in accordance with the requirements of this chapter.
A. BUILDING LINE, FRONTA line parallel to the front lot line a distance from the front lot line in accordance with the front yard or setback requirements of this chapter.
B. BUILDING LINE, REARA line parallel to the rear lot line at a distance from the rear lot line in accordance with the rear yard or setback requirements of this chapter.
C. BUILDING LINE, SIDEA line parallel to the side lot line in accordance with the side yard or setback requirements of this chapter.
BUILDING MATERIAL YARDS OR ESTABLISHMENTSA place for short- or long-term storage, collection and/or distribution of heavy equipment, machinery or materials used in construction, farming or industrial operations.
BUILDING PERMITA document issued by the Borough which allows construction to proceed.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is clearly incidental to the principal structure or use of the lot.
BUILDING-INTEGRATED SYSTEMA 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 separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces 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 system.
BUILDING-MOUNTED SYSTEMA 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. This system also includes any solar-based architectural elements.
CARPORTAn accessory structure with no more than two walls designated for the parking of motor vehicles, trailers and/or boats used by the residents of the building or dwelling unit and in which no occupation, business or service for profit or solely for the storage of other personal property is carried on.
CATERING SERVICEAn establishment that prepares and provides food and related services to off-premises locations.
CELLThe smallest basic solar electric device which generates electricity when exposed to light.
CLINIC, SMALL-SCALEA building or structure where two or more licensed medical professionals provide diagnostic services, medical, dental and/or psychiatric services and/or treatment diagnosis and treatment to the general public without overnight accommodation and may include uses such as reception areas, waiting areas, consultation rooms, x-ray and a dispensary, providing that all such uses shall have access only from the interior of the building or structure. The clinic generally operates on a first-come, first-serve basis and does not take appointments. It has relatively high pedestrian or customer traffic throughout the year. Any facility for methadone treatment or other narcotic treatment programs approved by the Pennsylvania Department of Health shall not be considered a small-scale clinic use.
CLUB/LODGEA business establishment operated for social, recreational, educational or fraternal purposes, some serving alcoholic beverages where permitted, but open only to members and their guests.
CO-LOCATIONThe mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
COLONYA hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.
COMMERCIAL GREENHOUSEA facility associated with a business establishment, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.
COMMUNITY CENTERA building where activity for the benefit of the general public occurs, with meeting rooms and/or accessory fitness facilities.
COMMUNITY GARDENA lot comprised of one or more tax parcels that is used by a group of individuals in the community to grow and harvest food or non-food crops primarily for personal or group use or donation. A community garden may be divided into plots for cultivation by one or more individuals and/or groups, or it may be cultivated by individuals and/or groups collectively.
COMPOSTRelatively stable decomposed organic matter for use in agricultural and other growing practices, usually consisting of materials such as grass, leaves, yard waste, worms, perhaps including raw and uncooked kitchen food waste. Commonly this process specifically excludes bones, meat, fat, grease, oil, raw manure, and milk products, which are difficult to break down and can cause odor and nuisance issues.
COMPOSTINGThe process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
COMPREHENSIVE PLANThe official Comprehensive Plan of Etna Borough, as amended from time to time, adopted pursuant to the provisions of Article
III of the MPC.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, structural alteration or relocation of a structure, including the placement of mobile homes.
COOPA structure, not necessarily attached to the ground, with a top and sides, that is designed to provide shelter and protection for small animals or birds.
COUNCILThe Borough Council of the Borough of Etna.
COUNTYAllegheny County, Pennsylvania.
DECIBELA unit for measuring the relative intensity of sounds based on an expressed ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.
DENSITYThe measurement of compactness of residential development as to the number of dwelling units per one acre or 43,560 square feet.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who proposes, makes or causes to be made a subdivision of land or land development.
DEVELOPMENTThe division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings; any use or change in use of any buildings or land; or extension of any use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT PLANThe provisions for development, including a planned development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
A. DEVELOPMENT PLAN, FINALA development plan which has been submitted for final approval of a planned development to Council.
B. DEVELOPMENT PLAN, PRELIMINARYThe written and graphic material describing provisions for development of a planned development, including a plan; the name of the planned development; all covenants relating to use, location, size, height and bulk of buildings and other structures; intensity of use or site density; parking areas; location and size of common areas; and uses, submitted for tentative approval.
DISABLED"Handicapped," as defined according to the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments thereto.
DISTRIBUTED ANTENNA SYSTEMS (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DISTURBANCEGrading, excavation, construction and similar activities that have occurred or may occur on a lot.
DOCKS/PORTALS FOR WATER ACCESSA constructed or altered segment of the riverbank or shore used for the purpose of enabling a recreational boat to be placed into the water from a trailer or other apparatus used to transport or store the boat.
DOMESTIC FOWLA gallinaceous bird kept chiefly for its eggs and flesh, such as a domestic cock or hen, turkey, pheasant, and other similar animals.
DRIPLINEThe outermost edge of a roof, including eaves, overhangs and gutters.
DRIVEWAYA vehicular connection from a lot to the public right-of-way. A driveway terminates at the right-of-way line and/or the access drive.
DUMPSTER ENCLOSUREA vertical structure erected to surround receptacles for trash and/or recycling.
EASEMENTAuthorization by a lot owner of the use by another and for a specified purpose of any designated part of his lot.
EMERGENCYA 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.
EMERGENCY SERVICESAny service to citizens for injury or life-threatening events, including but not limited to ambulance, paramedic or fire and rescue services provided by a public or private agency. A building structure and/or lot used for the maintenance, fueling, storage, dispatching or parking of vehicles and/or equipment utilized to provide private rescue or ambulatory services, fire and/or police services.
ENGINEERAn individual licensed and registered to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed as set forth in P.L. 534, No. 230; however, a professional engineer may perform engineering land surveys.
ENGINEER, BOROUGHA licensed and registered professional engineer in Pennsylvania designated by the Borough to perform the duties of engineer as herein specified.
ERECTEDAnything built, constructed, reconstructed or moved on or upon any lot.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission, disposal or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, off-street parking spaces and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
FACADEThe exterior walls of a building that can be seen by the public.
FARM ANIMALAny domestic species of animal that is kept and raised for use as food or in the production of food or in the operation of a farm and that is not an exotic animal or a house pet.
FARM STANDA structure, often temporary, for the display and sale of permitted products, such as vegetables, produce, flowers, orchard products, and similar nonanimal agricultural products grown or produced on the general property of the community garden or market garden upon which the stand is located.
FARMERS' MARKETA predesignated area, with or without temporary structures, where vendors and individuals who have raised vegetables or produce (or have taken the same on consignment for retail sale) sell vegetables, produce, flowers, orchard products, locally produced packaged food products, and/or animal agricultural products.
FCCFederal Communications Commission.
FENCEAn artificially constructed barrier of specified material or combination of materials erected to enclose or screen areas of land or portions of buildings or structures.
FILLAny act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. Fill also can refer to the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLYWAY BARRIERA barrier composed of a fence, vegetation, hedge, or combination thereof, which directs bees quickly into the sky.
FOOTCANDLEUnit used to measure the amount of light falling on a surface at a point on a surface which is one foot from, and perpendicular to, a source of illumination that produces one uniform candela.
FORESTRYThe 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.
FRONTAGEThe portion of a lot between the facade and the lot line that fronts the thoroughfare or a civic open space or the privately held portion between the facade of a building and the lot line.
FUEL/ENERGY RECHARGE STATIONA business establishment supplying fuel, recharging energy, tires, accessories and services for vehicles directly to the populace, including minor repairs and the sale of groceries, but not including such major repairs as spray painting, body, fender, axle, frame, major engine overhaul or recapping/retreading of tires.
FUNERAL HOMEA building licensed by the Commonwealth of Pennsylvania that contains a suitable storage room for the deceased and may include embalming facilities and rooms for the display of burial ceremonies of the deceased, but excludes crematories.
GARAGEA building or structure or part thereof used or intended to be used for the parking and storage of motor vehicles.
A. GARAGE, PRIVATEA fully enclosed accessory use which is attached to or detached from a residential building or dwelling unit or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit and in which no occupation, business or service for profit is carried on. A private garage may be used for the storage of not more than one commercial vehicle owned or used by the owner or tenant of the residential building or dwelling unit and for the storage of not more than three private noncommercial vehicles owned or used by persons other than the owner or tenant of the residential building or dwelling unit.
B. GARAGE, PUBLICAny building used for temporary parking of motor vehicles for an established fee or reservation and where said garage is not associated with other automotive retail uses.
GOVERNING BODYThe Borough Council of Etna Borough, Allegheny County, Pennsylvania.
GRADE, ESTABLISHEDThe elevation of the center line of the streets, as officially established by the Borough.
GRADE, FINISHEDThe proposed or completed elevations of the land surface, including the surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GROCERY STORE/BUTCHER SHOP/GREEN GROCERA business establishment that sells produce, dry goods, meats, baked goods, dairy items, frozen foods and the like. This includes supermarkets, food stores, dairies, delicatessens, but does not include convenience stores.
GROUND FLOORThe floor of a building nearest in elevation to the exterior grade at the front of the building.
GROUND-MOUNTED SYSTEMA 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.
HABITABLE SPACEThe area of a building for living, sleeping, eating or cooking and comfort facilities.
HEALTH/FITNESS CLUBAny establishment having a source of income or compensation derived from offering a service to the public, involving health, healing or fitness-related activities and providing or offering to provide physiological or psychological healing or therapy. This includes but is not limited to a health club, martial arts or yoga studio, massage establishment and public spa or public hot tub. This term shall not include any business or establishment operated for the practice of a profession which is licensed by the Commonwealth of Pennsylvania, such as physicians, dentists, nurses, podiatrists, chiropractors, physical therapists and similar occupations. Massage facilities shall constitute no more than 5% of the floor area of the building.
HEIGHT OF A TOWER-BASED WCFThe vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.
HI-RISE RESIDENTIALA building of no less than four stories with a suite of rooms or a single room in the building containing four or more dwelling units, each with its own cooking, food storage, bathing and toilet facilities and with access, directly or by a common hallway, to the outside.
HIVEAny frame hive, box hive, box, barrel, log, gum, skep, or other receptacle or container, natural or artificial, or any part thereof, which may be used or employed as a domicile for bees.
HOME-BASED BUSINESS, NO-IMPACTA business administered or conducted 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 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 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. No on-site parking of commercially identified vehicles shall be permitted.
F. 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.
G. The business activity may not generate any solid waste or sewage discharge, in volumes or type, which is not normally associated with residential use in the neighborhood.
H. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
I. The business may not involve any illegal activity.
HOME OCCUPATIONA business conducted within a dwelling whereas said business is not classified as a "home-based business, no-impact."
HOTELA business establishment inclusive of a building or portion thereof designed or used for transient rental for sleeping purposes. All room access is through interior hallways or courtyards. No cooking facilities, other than a microwave or toaster oven, may be permitted in any sleeping room. Accessory shops, restaurants, swimming pool, fitness center, spa, services and conference centers catering to the general public can be provided where conference rooms and banquet halls may also be available for rent. Supervision is provided in shifts 24 hours a day by an on-site manager.
HVACEquipment used to heat, cool or ventilate a structure.
IMPERVIOUS SURFACEA surface area that prevents or retards the infiltration of water into the soil and/or a hard-surface area that causes water to run off the surface of the ground in greater quantities or at an increased rate of flow from the conditions prior to development, construction, building or installation.
IMPROVEMENTS FOR DEVELOPMENT (IMPROVEMENTS)Those physical additions, installations and changes required to render land suitable for the use intended, including but not limited to grading, swales, detention/retention basins, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and street shade trees.
INFILLDevelopment of vacant or remnant lands within an existing neighborhood.
INSTITUTIONAL USESPlaces of worship, places of assembly, schools, and other similar institutions of an educational, religious, charitable or philanthropic nature.
INTERCONNECTIONThe technical and practical link between the solar generator and the grid providing electricity to the greater community.
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).
LANDOWNERThe legal or beneficial owner or owners of a lot, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee (if he is authorized under the lease to exercise the rights of the landowner), or other persons having a proprietary interest in the lot.
LANDSCAPE ARCHITECTAn individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.
LAUNDROMATA facility where patrons wash, dry or clean clothing or other fabrics in machines operated by the patrons.
LIBRARYA public or institutional facility for the use, but not sale, of literary, musical, artistic or reference materials.
LIGHT MANUFACTURINGThe processing and fabrication of certain materials and products where no process involved will produce noises, vibration, water pollution, fire hazard or noxious emissions 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, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.
LIVERYA stable or yard where horses are kept, generally where horse owners pay a fee to keep their horses.
LOADING BERTH/SPACEAn on- or off-street area for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law, not including any part of a public right-of-way, and to be used, developed or built upon as a unit. A site or parcel may include more than one lot, but a lot cannot include more than one site.
A. LOT AREAThe total area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.
B. LOT, BUILDABLE AREA OFThat lot area in which the principal structure may be located and which is bounded by the front, rear and side building lines of the lot.
C. LOT, CORNERA lot situated at and abutting the intersection of two or more streets where said lot has a minimum of two front lots and one side lot but no rear lot.
D. LOT COVERAGEThe percentage of the total area of a lot or lots occupied by buildings/structures but not including any permanently uncovered paved areas, porches, patios or steps.
E. LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.
F. LOT, INTERIORA lot other than a corner lot with only one frontage on a street.
I. LOT LINE, REARThat lot line which is most distant from and is most nearly parallel to the front lot line, except for corner lots and three-sided lots, which have no rear lot line.
K. LOT, THROUGHA double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.
L. LOT WIDTHThe distance between the side lot lines measured along the front building line of the lot.
LOT, NONCONFORMINGA lot consisting entirely of a tract of land that:
A. Has less than the prescribed minimum lot size, width, depth or any combination thereof, for the district in which it is located.
B. Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, width, depth, or any combination thereof, at such location would not have been prohibited by any zoning ordinance.
C. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance.
MAILED NOTICENotice given by a municipality 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, PROCESSING, PRODUCING OR FABRICATING OPERATIONThe 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 institutional-finished products not otherwise defined as light manufacturing.
MARINAA business establishment for secure mooring of recreational boats, including facilities for storage and repair of boats and sale of boating supplies and fuel, for use by the owner or resident of the lot, and those other than the owner or resident of the lot, upon which the facility is located. A marina may include a restaurant and/or boat and motor sales store.
MARKET GARDENA garden or orchard where food is grown primarily to be sold for profitable or nonprofitable charitable purposes and may be sold directly to consumers, restaurants or stores.
MEDICAL OFFICEA building or structure where one or more licensed medical professionals provide diagnostic services, medical, dental and/or psychiatric services and/or treatment diagnosis and treatment to the general public without overnight accommodation and may include uses such as reception areas, waiting areas, consultation rooms, x-ray and a dispensary, providing that all such uses shall have access only from the interior of the building or structure. The clinic generally operates on an appointment basis and does not take walk-in patients. It has relatively low pedestrian or customer traffic throughout the year Any facility for methadone treatment or other narcotic treatment programs approved by the Pennsylvania Department of Health shall not be considered a medical office use.
MIXED NONRESIDENTIAL/RESIDENTIALA lot or building on or in which various land uses are combined as an integrated development. A "single site" may include contiguous but unconsolidated lots.
MODULEA module is the smallest protected assembly of interconnected PV cells.
MONOPOLEA WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
MOTELA business establishment inclusive of a building or group of buildings, whether detached or in connected units, used as individual sleeping units with separate exterior entrances, open year-round and designed for temporary occupancy, primarily for transient automobile travelers. Structures shall provide for accessory off-street parking areas. Supervision is provided in shifts by 24 hours on-site management.
MUNICIPAL BUILDINGAny building, structure or lot used by the Borough, a municipal-related use or a municipal authority/commission created by the Borough. These uses shall include administrative facilities and public works facilities.
NET METERING AGREEMENTAn agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.
NONCOMMERCIAL GREENHOUSEA facility, not associated with a business establishment, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter of Etna Borough 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.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)All non-tower wireless communications facilities, including but not limited to antennas and related equipment. Non-tower WCF shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
NUCLEUS COLONYA smaller hive, sometimes in a smaller box, consisting of bees in all stages of development, as well as food, a laying queen, and enough workers to cover three to five combs.
OBSCENE MATERIALSAny literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, image, motion picture, sound recording, article, instrument, or any other written, visual media or printed matter which depicts or describes in a patently offensive manner sexual conduct, sexual excitement or sadomasochistic abuse or (in the case of articles or instruments) is designed or intended for use in achieving artificial sexual stimulation; and which, taken as a whole, appeals to the prurient interest; and taken as a whole, does not have serious literary, artistic, political or scientific value.
OBSTRUCTIONAny structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
OCCUPANCYThe physical possession upon, on or within any lot or structure for a use.
OCCUPANCY PERMITThe written authorization issued by the Borough of Etna's Zoning Officer for use of land or buildings.
OUTDOOR ADVERTISINGAny sign, billboard, statuary or poster that directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
OWNERThe person or persons having the right of legal title to, beneficial interest in or a contractual right to purchase a lot or parcel.
PARCELAny designated piece or tract of land located in the Borough established by a plat or otherwise as permitted by law.
PARKING LOT OR FACILITY, PUBLICA public garage or a paved, open off-street area other than a driveway or street with adequate means of access and used exclusively for the parking of vehicles of occupants or visitors of the lot; however, a driveway serving a single-family dwelling or which is for the exclusive use of an individual dwelling unit in a residential building may be used as parking area.
PARKING LOT, PRIVATEA privately owned lot specifically used for the parking of vehicles associated with an institutional use.
PARKING SPACEAn area of land reserved within a dedicated street right-of-way, public garage or a parking lot for the parking or storage of one motorized vehicle.
PARKING SPACE, OFF-STREETAn area wholly outside any public right-of-way, constructed to accommodate the storage of a vehicle as required by this chapter and which is connected to a public street by a driveway.
PARKING SPACE, ON-STREETAn area wholly within a public street right-of-way constructed to accommodate the storage of a vehicle as required by this chapter.
PEDESTRIAN-ORIENTEDDevelopment which is designed with a primary emphasis on the street sidewalk and on pedestrian access to the site and building, rather than on vehicle access and parking areas.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)The Pennsylvania Municipalities Planning Code, Act 247, as amended, which is an Act that empowers municipalities to plan their growth and development as well as to govern the same by zoning, subdivision and land development ordinances, by official maps, to promote conservation of energy; to establish planning commissions, planning departments and zoning hearing boards.
PERFORMANCE SECURITYA financial guaranty to ensure that all improvements, facilities or work requested by this chapter will be completed in compliance with the ordinance and the approved plans and specifications of a development, including but not limited to a performance bond, line of credit or escrow account in the amount of 110% of the cost of the facilities or improvements.
PERFORMANCE STANDARDA criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat or solid waste generated by or inherent in uses of land or buildings.
PERSONAn individual(s), partnership(s), copartnership(s), association(s), corporation(s), limited liability company(ies), limited liability partnership(s), and any and all other entities.
PERSONAL SERVICESA business enterprise conducted for gain which primarily offers services to the general public, such as shoe repair, valet service, watch repairing, barbershop, beauty parlors and related activities. A business establishment that generally operates on a first-come, first-serve basis and has relatively high pedestrian or customer traffic throughout the year, including utility payment centers, advertising agencies, manufacturing representatives, personnel agencies, travel and ticket agencies and the like.
PHARMACYA retail store which primarily sells prescription drugs, patent medicines and surgical and sickroom supplies. A pharmacy may be within a retail establishment.
PHOTOVOLTAIC (PV)A semiconductor-based device that converts light directly into electricity.
PLACE OF ASSEMBLYA building and/or lot that is designed for the assembly or collection of persons, for civic, political, educational or social purposes, and where recreation, amusement or dining may occur as accessory activities. A place of assembly does not include a private club.
PLACE OF WORSHIPA building use and/or lot where people regularly observe, practice or participate in religious or spiritual services, meetings and/or activities.
PLANA survey of a lot upon which is shown the location of existing and/or proposed structures; existing contours and proposed grading; location and dimensions of yards; proposals for the disposition of sanitary waste and stormwater; indications of zoning compliance; name of applicant and landowner; area location map; dates of preparation and revisions; and evidence of preparation by a registered architect, landscape architect or engineer.
PLANNED MIXED-USE DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a 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.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential uses with or without supporting 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.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PLAT, FINALThe final map of the land development or subdivision that is submitted for community approval and which, if approved, is filed with the County Recorder of Deeds.
PLAT, PRELIMINARYA preliminary map of the proposed land development or subdivision that is submitted for Borough consideration.
PORCHA covered entrance to a building or structure which may or may not be enclosed and which projects out from the main wall of such building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PREDATORY BIRDAn owl, hawk, falcon, eagle, or similar bird that feeds principally by catching living prey.
PRIVATEBelonging to or concerning an individual person, company or interest independent from federal, state or local government agency.
PROFESSIONAL OR BUSINESS OFFICESA business establishment that serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of recognized professionals such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions; or an office of a governmental agency, social service organization, notary, public or private utility, political organization or the like, not including a municipal facility.
PUBLICOwned, operated or controlled by a government agency, federal, state or local.
PUBLIC HEARINGA formal meeting held pursuant to public notice by Council, the Planning Commission or the Zoning Hearing Board intended to inform and obtain public comment prior to taking action in accordance with this chapter.
PUBLIC IMPROVEMENTSAll streets, walkways, gutters, curbs, sewers, waterlines and other utilities or related facilities to be dedicated to or maintained by the public.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICEA 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 public hearing and the particular nature of the matter to be considered at the public hearing. The first publication shall be not more than 30 days and the second not less than seven days from the date of the public hearing.
PUBLIC PARK, RECREATION AREA, PLAYGROUNDSwimming pools, skating rinks, recreational centers and other recreational areas and facilities (excluding golf courses) owned and/or operated by the Borough or other public-sector entity. This also includes areas of such land suitable for passive stormwater areas and/or the development of specific active recreation facilities or leisure-time activities, that may or may not be of a formal nature and performed with others, requiring equipment and taking place at prescribed places, sites or fields, including but not limited to baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendant facilities.
PUBLIC UTILITY BUILDINGA building, structure or portion of a lot, which under public franchise or other lawful relationship provides the public with transmission and communications services, electric distribution or other similar facilities or services.
REDEVELOPMENTThe act of improving by renewing and restoring the act or process of rehabilitating or rejuvenating a blighted area or accommodating new development within the context of existing streets and buildings.
RELATED EQUIPMENTAny 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.
REPLACEMENTThe act of removing an existing building/structure and constructing a new building/structure.
RESEARCH AND DEVELOPMENT ESTABLISHMENTA building or group of buildings, including incubator facilities, but not medical laboratories, used primarily for applied and developmental research, where product testing may be an integral part of the operation and goods or products may be manufactured solely when necessary for testing, evaluation, and test marketing. This usage excludes the use of toxic, biological, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases or solids.
RESTAURANT, SIT-DOWNA business establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
RESTAURANT, TAKE-OUTA business establishment that offers quick food service for consumption on or off the premises which is accomplished through a limited menu of items already prepared and held for service or prepared, fired or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
RETAIL, LARGE-SCALEAny business establishment not otherwise specifically defined in this article that sells or rents commodities and/or services on the premises directly to the general public, available for immediate purchase and removal, but not including the manufacturing or processing of any products with a gross floor area of 5,000 square feet or greater but less than 12,000 square feet. This use may not include wholesaling, manufacturing or processing of goods.
RETAIL, SMALL-SCALEAny business establishment not otherwise specifically defined in this article that sells or rents commodities and/or services on the premises directly to the general public, available for immediate purchase and removal, but not including the manufacturing or processing of any products with a gross floor area less than 5,000 square feet. This use may not include wholesaling, manufacturing or processing of goods.
RIGHT-OF-WAYThe surface of and space above and below any real property in the Borough in which the Borough has a regulatory interest or interest as a trustee for the public, as such interests now or hereafter exist, including but not limited to all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. For the purpose of this chapter, ROW shall include streets and roads owned by Allegheny County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
RIVERBOAT GAMBLINGA boat, ferry, barge or similar structure licensed by the Commonwealth of Pennsylvania on which gambling games are allowed. This includes land-based facilities or uses which are required for access to riverboat gambling.
ROOFLINEThe top ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
SCHOOL, ACADEMICA place of instruction operated by a public, private, nonprofit or religious organization, having regular sessions, with regularly employed instructors and meeting all of the requirements of the Pennsylvania Department of Education for providing primary, secondary, post-secondary, undergraduate and/or graduate collegiate education. This definition shall not include privately operated, for-profit trade, vocation, avocation or business schools.
SCHOOL, COMMERCIAL/OTHERA specialized instructional establishment that provides on-site training of business, commercial, medical and/or trade skills, such as accounting, data processing, computer repair, vocational trades and/or equipment usage.
SETBACKThe minimum distance from a lot line required by the chapter where a building or structure may be built.
SETBACK (LINE), FRONTThe line extending the full width of the lot and situated at the minimum dimension defined from a front lot line.
SETBACK (LINE), REARThe line extending the full width of the lot and situated at the minimum dimension defined from a rear lot line.
SEXUALLY-ORIENTED BUSINESSAn establishment, club, tap room, restaurant, theater or hall which features products for sale or entertainment that is distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity such as an adult book and video store or adult entertainment nightclub.
SIDE YARDThe line extending the full width of the lot and situated at the minimum dimension defined from a side lot line.
SIDEWALK CAFEAn extension of the services of an existing establishment, including but not limited to serving food and beverages for consumption within an existing building, to the extent that food and beverages are permitted to be served and consumed at tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the establishment is situated. A sidewalk cafe contains readily removable tables and chairs, is enclosed by rope and stanchion unless some other barrier system is approved by the Borough as an architectural design element, and shall be otherwise open to the air.
SIGNAny letter, word, model, banner, flag, device, structure, representation or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, including the following types:
A. ADA SIGNSAny sign needed for a facility or building to achieve compliance with the requirements of the American with Disabilities Act.
B. BULLETIN BOARDA nonelectronic structure constructed with flat face(s), used for posting notices.
C. CANOPYAny rigid structure, made of cloth, metal or other materials, with the frame attached to a building and generally supported by the ground, extending over areas intended for pedestrian traffic, and the structure is primarily for purposes of shelter rather than advertising.
E. FLAGA piece of cloth or bunting varying in size, color and design, used as a symbol, sign, signal, emblem or advertisement.
F. GROUND (MONUMENT) SIGNAny sign supported by uprights or braces placed upon the ground and not attached to any building or the structure, having no more than two faces.
G. HOME OCCUPATION SIGNA sign permitted in association with an occupation conducted on the premises within a dwelling unit occupied by the operator of the business.
H. ILLUMINATED SIGNAny sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.
I. MARQUEEAny permanent roof-like structure extending from the wall of a building but not supported by the ground, constructed of durable material such as metal or glass, extending over areas intended for pedestrian and/or vehicular traffic, and the structure is primarily for purposes of shelter rather than advertising.
J. POLE/PYLON SIGNA freestanding sign erected on a lot on a pole or pylon, the bottom edge of which is high enough to provide visibility for motorists and allow for safe pedestrian circulation underneath it.
SIMILAR ANIMALAny farm animal that is similar to other animals listed in a particular category of permitted animals with respect to impacts on nearby properties, including noise, odors, safety hazards, and other nuisances.
SINGLE-FAMILY DWELLINGA dwelling unit and lot designed and intended to be occupied by one family that is not attached to another dwelling unit.
SITEA parcel of land located in the Borough, established by a plat or otherwise as permitted by law, which is the subject of an application for development. A site may include more than one lot.
SITE AREAThe total area of the lot or lots comprising a site.
SITE PLANA plan prepared by a registered surveyor, engineer, landscape architect or architect for a use authorized by right which contains the following unless otherwise defined by Allegheny County:
A. Name of applicant and landowner;
B. Name of development, if any;
C. Evidence of preparation by a licensed architect, landscape architect or engineer;
D. Graphic and written scale;
F. Dates of preparation and revision of site plan;
H. A site plan drawn to no greater than one-hundred-foot scale, upon which is delineated and clearly identified the location, extent and area in acres, if applicable, of the following:
(1) Property lines for the site and adjacent parcels;
(4) Location and dimensions of existing and proposed public and private roads, streets, driveways, walks and paths;
(5) Existing and proposed structures with proposed site density and approximate height of structures indicated for each proposed type of structure and use;
(6) Proposed location and dimensions of all yards and open spaces;
(7) Existing contours and proposed grading plan;
(8) General proposals for the disposition of stormwater runoff;
(9) Proposals for the disposition of sanitary wastes and the provision of water supplies;
(10) All applicable areas or uses regulated or mandated by this chapter, including but not limited to off-street parking exterior lighting, signs and outdoor storage.
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENTItems 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) SYSTEMA 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 3,000 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 ELEMENTStructural/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.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs and light poles.
STORAGE FIRMA building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property. No sales, service or repair activities other than the rental of dead storage units are permitted on the premises.
STREETA street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways, whether public or private, used or intended to be used by vehicular traffic or pedestrians.
STREET GRADEThe officially established grade of the street upon which a lot fronts or, in its absence, the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET WALLA general reference as to how and where the parts of buildings that face the street line up to define the perceived boundaries of public and private space.
STREET WIDTHThe distance between street lines measured at right angles to the center line of the street.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water.
STRUCTURE, ACCESSORYA subordinate structure whereas the use and scale of which is incidental to that of the principal (commonly referred to as the "main") structure of the subject lot.
SUBSTANTIALLY CHANGE(1) Any increase in the height of a wireless support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth in the Etna Borough Zoning Code or the WBCA if necessary to avoid interference with existing antennas; or (2) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
TAP ROOMA business establishment which provides on-site alcoholic beverage sales for drinking on the premises, without kitchen facilities, where live entertainment (non-sexually-oriented business or establishment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.
TATTOO SHOPA business establishment that includes placing of designs or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration or scarification of the skin by means of the use of needles or other instrument designed to contact or puncture the skin; and/or the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TERMINAL FACILITYA parcel used for a centralized storage of trucks or where trucks are congregated at a warehouse or other loading facility to load and unload products.
THEATERA business establishment, other than an adult movie theater or adult movie house, inside a completely enclosed building devoted to showing pictures and/or live dramatic or musical performances on a paid admission basis. A theater usually contains an auditorium in addition to other performance-related facilities. This term shall not refer to a place of assembly.
TOWER, NONCOMMUNICATIONSAny ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces or masts, not intended for the primary purpose of mounting a communications antenna or similar apparatus above ground.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)Any structure that is used for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
TOWNHOUSEA building which contains at least three but no more than eight dwelling units, each of which are separated from the adjoining unit or units by a continuous, common wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
TRACKING SYSTEMA 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.
TRANSPARENTThe condition/state of being clear, unobstructed by signage, interior graphic elements, reflective coating, translucent or textured finish, racking or any type of fixed furniture, that can be seen through from both the interior and exterior of the structure.
TWO-FAMILY DWELLINGA residential building that is subdivided along the common vertical walls of each dwelling unit, designed exclusively for occupancy by two families living independently of each other, whereas each dwelling unit has with a separate entrance directly to the outside.
UNDEVELOPED LANDAny lot or portion of a lot which has not been graded, improved or prepared for the construction of a building structure or improvement.
URBAN AGRICULTUREThe activities that include the growing, processing marketing distribution, and consumption of food and other products through growing plants and raising animals in and around an urban area. Such activities can be public, private or commercial, and can exist in a variety of forms, including community gardens, market gardens, and backyard animal keeping. When done successfully, these activities also produce environmental, health, social, and economic effects that can positively impact a community and increase its resilience.
USEAn activity, business or purpose for which any lot or structure is utilized.
A. USE, ACCESSORYA use on the same lot with and of a nature customarily incidental and subordinate to the principal use.
B. USE, AUTHORIZEDAny principal use or accessory use allowed by this chapter as a permitted use by right, conditional use, use by planned development, or use by special exception.
C. USE BY SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria and pursuant to the provisions associated with special exceptions in Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.
D. USE, CONDITIONALA use permitted in a particular zoning district by the Borough Council upon satisfaction of all criteria enumerated in Part III of this chapter and pursuant to the provisions associated with conditional use in Article
VI of the MPC, 53 P.S. § 10601 et seq.
E. USE, NONCONFORMINGA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
F. USE PERMITTED BY RIGHTAny use that does not require a conditional use approved by Council or special exception approved by the Zoning Hearing Board before a zoning permit is granted by the Zoning Officer.
G. USE, PRINCIPALThe main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.
H. USE, TEMPORARYA use requiring utilities, established for more than seven but less than 100 consecutive days, with the intent to discontinue upon the expiration of a specified time period.
VALUE-ADDED PRODUCTA product created by a change in the physical state or form of a primary product that enhances its value as demonstrated through a business plan, or the physical segregation of an agricultural commodity or product in a manner that results in the enhancement of the value of the commodity or product.
VARIANCERelief granted pursuant to the provisions of Articles
VI and
IX of the MPC.
WAREHOUSEA building or structure used for the storage and handling of goods, materials, freight, or merchandise awaiting sale on another lot or location, but not including the maintenance or fueling of commercial vehicles. Warehousing which is incidental to retail sales and which does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition. Incidental sales may occur on the lot.
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
WHOLESALE BUSINESSA business establishment primarily engaged in selling merchandise, dry goods, and food stuffs to retailers, institutional, commercial or professional business customers or other wholesalers not to the general public. The activities may include the merchandise warehousing and distribution.
WIND ROTORThe blades, plus hub to which the blades are attached, that are used to capture wind for purpose of energy conversion. The wind rotor is used generally on a pole or tower and along with other generating and electrical storage equipment forms a wind energy conversion system.
WIRELESSTransmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing or accommodating wireless communications services.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
YARDA required open space unoccupied and unobstructed by any principal structure or portion of a principal structure; however, accessory structures, parking areas and driveways are permitted in yards in accordance with the requirements of this chapter.
A. FRONT YARDA yard extending across the full lot width and abutting the front lot line. The required minimum depth measurement of the front yard shall be the horizontal distance between the front lot line and a line parallel thereto at a distance from the front lot line in accordance with the yard requirements set forth in each district in this chapter.
B. REAR YARDA yard extending between the side yards of the lot and abutting the rear lot line. The required minimum depth measurement of the rear yard shall be the horizontal distance between the rear lot line and a line parallel thereto at a distance from the rear lot line in accordance with the yard requirements set forth for each district in this chapter.
C. SIDE YARDA yard abutting a side lot line, extending between the rear line of the front yard and the rear lot line. The required minimum width measurement of the side yard shall be the horizontal distance between the side lot line and a line parallel thereto at a distance from the side lot line in accordance with the yard requirements set forth for each district in this chapter.
ZONEA geographical area with boundaries that includes surface areas as indicated on the Zoning Map.
ZONING APPROVALApproval under the provisions of this chapter, certifying that an application for development or application for occupancy permit has fulfilled the requirements of this chapter.
ZONING HEARING BOARDA board appointed by Council to examine appeals for relief from strict conformance to application of this chapter, to consider uses by special exceptions and to hear testimony regarding the validity of any regulations upon development in the Borough, and to perform those other functions which this chapter directs it to perform.
ZONING MAP OFFICIALThe official map of the Borough that indicates the districts and other relevant information thereon and shall be a part of this chapter by reference.
ZONING OFFICERThe administrative officer appointed by Council who shall administer and enforce the provisions of this chapter in accordance with its literal terms. The Zoning Officer shall have all the powers and be subject to all the provisions set forth in the MPC with respect to zoning officers.