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Kittanning City Zoning Code

ARTICLE XI

Terminology

§ 550-61 Construal of provisions; word usage.

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; the word "shall" is mandatory and not optional; the word "abut" shall include the words "directly across from."

§ 550-62 Definitions.

[Amended 2-10-1970 by Ord. No. 121-1970]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
AGENT OF OWNER
Any person who can show written proof that he has authority to act for the property owner.
ALLEY
A public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT, ATTACHED OR ROW HOUSE
A group of single-family dwelling units with party walls.
APARTMENT, GARDEN-TYPE
One or more multifamily structures three stories or less in height.
APARTMENT, HIGH-RISE
Multifamily structure four stories in height.
APARTMENT, MULTIFAMILY APARTMENT
Multifamily structure three stories or less in height.
AUTOMOBILE SERVICE STATIONS OR FILLING STATIONS
A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade at retail, and where the following services may be rendered:
A. 
Minor repair.
(1) 
Sale and servicing of spark plugs and batteries.
(2) 
Tire repair and servicing, but no recapping.
(3) 
Replacement of mufflers and tailpipes, water hose, fan belts, brake and transmission fluids, light bulbs, floor mats, seat covers (where this shall not be the principal use), windshield wipers, grease retainers, and wheel bearings.
(4) 
Radiator cleaning and flushing.
(5) 
Washing and polishing, not including mechanical and/or automatic car-wash establishments.
(6) 
Greasing and lubrication.
(7) 
Installation of fuel pumps and fuel lines.
(8) 
Minor servicing and replacement of carburetors.
(9) 
Emergency wiring repairs.
(10) 
Adjustment and installation of brakes.
(11) 
Tuning engines, except for grinding valves, cleaning carbon, or removing the head of engines and/or crankcases.
(12) 
Any similar minor service or repair not listed below under "major repair."
B. 
Major repair. In addition to those repairs and services listed above as "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service including body, frame or fender straightening or repair; painting or paint shop; mechanical car-wash establishments but not including any operations which require the heating or burning of rubber.
AUTOMOBILE, TRAILER OR MOBILE HOME SALES AREA
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
BAKERY
Bakeries, which are permitted in the M-1 District only, include such baking establishments which manufacture quantities of goods for retail elsewhere than on the premises.
BASEMENT
A story whose floor is more than 12 inches, but not more than half of its story height, below the average level of the adjoining ground (as distinguished from a cellar which is a story more than 1/2 below such level). No portion of any basement shall be used as a dwelling unit.
BOROUGH
The Borough of Kittanning.
BUILDING
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.
BUILDING GROUP
Any building, such as a store group, which is divided into separate parts by one or more unpierced walls, extending from the ground up.
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, and similar projections.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the building site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which the same is located.
COMMERCIAL VEHICLE
A commercial vehicle shall be any vehicle other than a private passenger vehicle, including trucks, trailers, and construction equipment.
COUNCIL
The Council of the Borough of Kittanning.
COURT
A court is any open, unoccupied area which is bounded by three or more attached building walls.
DISTRICT
A district or a zone shall be any portion of the territory of the Borough of Kittanning within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a house trailer on or off wheels, and as otherwise provided herein:
A. 
DWELLING, ONE-FAMILY
A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
B. 
DWELLING, TWO-FAMILY
A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING STRUCTURE
Any structure which shall contain one or more rooms providing sleeping and sanitary facilities, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure.
DWELLING UNIT
One or more rooms, including a kitchen or kitchenette, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or the other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY
An individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
FLOOR AREA
For the purpose of applying the requirements for off-street parking and loading, "floor area" in the case of offices, merchandising, or service type of uses shall mean the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incident to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.
GARAGE, PRIVATE
A detached accessory building or a portion of a principal building used only for the storage of automobiles by the families resident upon the premises; and provided that such garage shall not be used for storage of more than one commercial vehicle and such commercial vehicle shall not be larger than one-ton rated capacity.
GARAGE, PUBLIC
A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair, or refinishing of automobiles; not including a structure or part thereof used only for storage or display of automobiles for other than transients.
HOTEL
A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.
LIMITED ACCESS HIGHWAY
A highway designed in such a manner so as to provide no direct access to properties abutting its right-of-way and including all highways designated as limited access highways as adopted by the Planning Commission.
LOT or ZONE LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
A. 
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
B. 
LOT DEPTH
The mean horizontal distance between the front and the rear lot lines.
C. 
LOT LINES
The property lines bounding the lot.
(1) 
LOT LINE, FRONT
The line separating the lot from a street.
(2) 
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
(3) 
LOT LINE, SIDE
Any lot line other than a front or rear lot line; a side lot line separating a lot from a street is called a "side street lot line."
(4) 
LOT LINE, STREET OR ALLEY
A lot line separating the lot from a street or alley.
D. 
LOT WIDTH
The mean width of the lot measured at right angles to its depth.
E. 
LOT AREA
The computed area contained within the lot lines.
MOBILE HOME
A vehicle or portable structure used for dwelling or sleeping purposes; same as house trailer.
MOBILE HOME PARK
Any plot or ground on which two or more occupied mobile homes are located, whether or not a charge is made for such accommodations.
MOTELS, MOTOR COURTS and MOTOR HOTELS
A series of attached or semi-attached dwelling structures, where each unit has convenient access to parking space for the use of the unit's occupants; the units, with the exception of the manager's office or caretaker's unit, are designed to provide sleeping accommodations for automobile transients or overnight guests.
NONCONFORMING LOT
Any zone lot in single ownership, where the owner of said lot does not own any adjoining property, the subdivision which would create one or more conforming lots, which does not conform with the minimum area and/or dimensions required in the district where such lot is situated or for any special use, as the case may be.
NONCONFORMING STRUCTURE
A sign or structure, the design of which does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING USE
A building, structure or premises legally existing and/or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
NURSING HOME
Any premises with more than five sleeping rooms where persons are lodged and furnished with meals and nursing care, or premises licensed by the State of Pennsylvania for such purposes.
OFFICE BUILDING
A building comprised of more than 50% of offices, as compared with "offices" which are permitted in the B-1 District and as compared with home occupations where offices are considered as a secondary or incidental use.
PARKING AREA, PRIVATE
An open area for the same uses as a private garage, and regulated as a private garage.
PARKING AREA, PUBLIC
An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
PLANNING COMMISSION
The Planning Commission of the Borough of Kittanning.
PROFESSIONAL OFFICE
The office of a member of a recognized profession.
RECREATION
A. 
RECREATION, COMMERCIAL
Recreational facilities operated as a business and open to the general public for a fee.
B. 
RECREATION, PRIVATE, NONCOMMERCIAL
Clubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such organization.
C. 
RECREATION, PUBLIC
Recreation facilities operated as a nonprofit enterprise by the Borough of Kittanning, any other governmental entity or any nonprofit organization and open to the general public.
RESIDENTIAL STREET
A street, between two intersecting streets, upon which an R District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.
RIGHT-OF-WAY
That area between the established lines of a public street or alley.
ROOMING HOUSE
A building containing a single dwelling unit and rooms for the rooming and/or boarding of at least three persons, but not more than 25% by prearrangement for a definite period of not less than one week.
SIGN
A. 
A sign is a name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, persons, institution, organization, or business.
B. 
However, the above definition of a "sign" shall not prohibit the display of any official court, or public office notices nor any official or municipal traffic control or parking sign or device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school, or a religious group. A "sign" shall not include a sign located completely within an enclosed building except for signs within show windows. Each display surface of a sign shall be considered to be a "sign."
SIGN, BUSINESS
A business sign is a sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
SIGN, FLASHING
A flashing sign is an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving illuminated sign shall be considered a "flashing sign."
SIGN, GROSS SURFACE AREA OF
The gross surface area of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SPECIAL USE
A special use is a use which because of its unique characteristics requires individual consideration in each case by the Zoning Hearing Board and/or the Planning Commission, as specified in Article IX, before it may be permitted in the district enumerated in Article III, Schedules I or II.[1] In accordance with provisions of this chapter, the Planning Commission may require certain conditions and safeguards before such a use is permitted.
STORY
That portion of a building, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and ceiling above it.
A. 
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story shall not be used for residence purposes.
B. 
STORY, FIRST
The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
STREET
A public or private thoroughfare not less than 30 feet in width if in existence prior to the passage of this chapter nor less than 50 feet in width if established subsequent to the passage of this chapter, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley.
A. 
SIDE STREET
Any street, the length of which shall be not more than 50% of the length of the largest street line of the Borough blocks of which it is part.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such as walls, beams, columns, or girders.
VARIANCE
The Zoning Hearing Board's authorized departure to a minor degree from the terms of this chapter in direct regard to hardship peculiar to an individual lot in accordance with the procedures set forth in this chapter. A variance shall not be interpreted to include appeals or requests that would require rezoning or amendment as otherwise provided under the provisions of Article X.
YARD
An open space, as may be required by this chapter, of uniform width, or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted:
A. 
YARD, FRONT
An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
B. 
YARD, REAR
An open space extending the full width of the lot, between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
C. 
YARD, SIDE
An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
ZONING HEARING BOARD
The Zoning Hearing Board of the Borough of Kittanning.
ZONING OFFICIAL
The administrative officer appointed by the Borough Council who shall administer and enforce the provisions of this chapter. The Zoning Official may also be appointed to serve as secretary to the Zoning Hearing Board during his term of office.
[1]
Editor's Note: See §§ 550-21 and 550-22.