[Amended 5-8-2017 by Ord. No. 2017-8; 6-12-2017 by Ord. No. 2017-9; 12-13-2021 by Ord. No. 2021-23]
The following words and phrases shall have the meanings given in this section as follows:
ACCESS LANEThe drive within a parking lot directly abutting parking spaces and designed to provide a connection between the spaces and the public street.
ACCESSORY USE OR STRUCTUREUse or building on the same property that is customarily found in connection with, or incidental to, the principal use or building.
ALCOHOL SALESAn establishment engaged in the sale of unopened beer or liquor to the general public.
ALLEYA public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATIONAny change, addition or modification in construction or occupancy of an existing structure.
AMATEUR RADIO ANTENNAAn antenna used for the transmission or reception of wireless signals by amateur radio operators.
AMENDMENTA change in this chapter, including addition of new requirements, revision of existing requirements or deletion of obsolete requirements, necessitating public hearings and other official approvals before becoming effective.
AMUSEMENT AND RECREATION SERVICESAny indoor activity conducted for profit which is generally related to amusement and recreation, such as motion-picture theaters, bowling alleys, and roller-skating rinks.
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 room, or suite of rooms, intended, designed or used as a residence by a single family, in a building with its own cooking, food storage, bathing and toilet facilities and with access directly or via a common hall to the outside.
APPEALA plea to a higher agency or court on the part of a person who contends he/she had been aggrieved as the result of a decision of a lower board, commission or individual charged with making the decision he/she is contending.
APPLICANTA landowner, developer, or tenant with notarized permission of the landowner, as hereinafter defined, who has filed an application for development, including his/her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a building permit, approval of a subdivision plat or plan or approval of a development plan.
AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."
AUTOMOBILE LAUNDRY OR CAR-WASHING FACILITYA structure used for the purposes of cleaning or reconditioning the exterior and interior surfaces of automotive vehicles but not including an incidental one-way washing facility in a gasoline service station where washing facilities are purely incidental to the operation of said service station. A self-operating vehicular laundering facility not requiring attendants or employees, regardless of capacity, is also considered to be an automobile laundry.
AUTOMOBILE SERVICE STATIONAny premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted.
BAKERYAn establishment where baked goods are produced on the premises. Products may be sold to customers and may be consumed by customers on-site.
BASEMENTThe space enclosed by the foundation or ground floor walls of a building with a minimum depth of six feet. A basement shall not be counted as a story for purposes of height measurement unless 1/2 or more of its height is above average grade.
BEAUTY SHOPAn establishment where hairdressing, hair trimming, facials, manicures, pedicures, body waxing, tanning, or other related services are provided. Tattoo and body-piercing businesses are included in this definition.
BOARDSee "Zoning Hearing Board."
BOARDERAn individual, or individuals, other than a family member of the family occupying the dwelling unit, or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.
BOOKSTOREAn establishment having any income derived from the sale of books, magazines and other periodicals. A bookstore shall not be permitted to have video viewing rooms.
BOUNDARYA line, usually a property or street right-of-way line or the center line of a recognizable physical feature, such as a highway, stream or railroad, that demarcates the edge of a district or area.
BUILDINGAny roofed man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, shall be considered an enclosed building if all exterior walls are solid except for fixed, closed or operable windows and doors.
BUILDING PERMITDocumentation attesting that a proposal for construction meets all requirements of this chapter and other applicable requirements of the City of Latrobe, Westmoreland County, and the Commonwealth of Pennsylvania relative to development and allowing such proposed construction to commence.
BULKThe volume of a structure indicating the total space enclosed by the exterior walls and roof.
BUSINESS SCHOOLAn establishment in which a teacher of business teaches more than one student for a fee and where more than one student may be taught in a class at one time.
BUSINESS SERVICESAny activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.
CARE CENTER, CHILD DAY-(STATE LICENSED)A building or structure where care, protection and supervision are provided on a regular schedule, at least twice a week to 12 or more children, with three or more adult workers in attendance, which must meet any and all federal or state rules and regulations including registration or licensing.
CARE HOME, FAMILY DAY-(STATE LICENSED)A building or structure where care, protection and supervision are provided on a regular schedule, at least twice a week to up to six children, including the children of the adult provider and with one adult worker in attendance, which must meet any and all federal or state rules and regulations including registration or licensing.
CARE HOME, GROUP CHILD-(STATE LICENSED)A building or structure where care, protection and supervision are provided on a regular schedule, at least twice a week to seven to 11 children, including the children of the adult provider and with at least two adult workers in attendance, which must meet any and all federal or state rules and regulations including registration or licensing.
CARPORTA roofed structure open on one side or more.
CENTER LINEAn imaginary line running parallel to street or easement right-of-way lines and equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream or roadway.
CHARITABLEAs applied to any entity, organization, group, business use, operation or function, shall mean and connote that the use, business, operation or function is conducted not-for-profit, regardless of the nature or purpose thereof, and shall include those entities which have been designated as "charitable" entities under the provisions of the Pennsylvania Solicitation of Funds for Charitable Purposes Act, the Act of August 9, 1963, P.L. 628, or under any of the provisions of the United States Internal Revenue Code, or of any laws, regulations or rules enacted thereunder.
CHURCHSee "place of religious use."
CITYSee "City of Latrobe."
CLEAR-SIGHT TRIANGLEA triangular area of unobstructed vision on corner lots formed by a 100-foot sight line along the center line of a local street, and by a line joining these two sight lines at the greatest distance from their intersections.
CLUB, PRIVATEAn establishment operated by an organization for fraternal, sororal, social, recreational or educational purposes, but open only to members and not the general public. A nonprofit association of persons who are bona fide members paying periodic dues, and which association owns, hires or leases a building or lot or a portion of either or both, the use of which is restricted to either or both, and the use of which is restricted to members and their guests. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.
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.
COMMERCIALEngaging in a business, enterprise, activity or other undertaking for a profit.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within a development site which is designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
CONDITIONAL USEA use of a property that may be granted by the City Council after receiving recommendations of the Planning Commission based on the express standards and criteria set forth in this chapter.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CORNER LOTA lot abutting two or more existing and dedicated streets at their intersection.
COUNCILThe City Council of Latrobe, Westmoreland County, Pennsylvania.
COVERAGEThe maximum area or percentage of a lot which may be occupied by structures.
DANCING OR MUSIC SCHOOLAn establishment in which a teacher of music or dancing teaches more than one student for a fee and where more than one student may be taught in a class at one time.
DECISIONFinal adjudication of the Zoning Hearing Board and City Council. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the municipality lies.
DECKAn open area usually attached to, or part of, and with direct access to, a building, where said open area is elevated above ground level and is not covered by a permanent roof.
DEPARTMENTPennsylvania Department of Transportation.
DEPENDENT CHILDAny individual under 18 years of age in need of supervision and/or special services.
DETERMINATIONFinal action by the Zoning Officer, except for the following: the governing body; the Zoning Hearing Board; or the planning agency, only if, and to the extent that, the planning agency is charged with final decision on preliminary or final plans under Chapter
154, Subdivision and Land Development, or planned residential development provisions. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent of such landowner or tenant with written, notarized permission of such landowner, who makes or causes to be made, a subdivision of land or a 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 structure; any mining, excavation, landfill or land disturbance; and any use, or extension of the use, of land.
DEVELOPMENT PLANThe provisions for development, including a planned residential 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. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DISTRIBUTED ANTENNA SYSTEMS (DAS)A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DOMESTIC ANIMALSAnimals that are customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds and rodents.
DRIVE-IN COMMERCIAL USESAny retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
DRIVEWAYA privately owned and maintained vehicular accessway within a property.
DRUGSTOREAn establishment where prescription medicines and drugs are compounded and/or dispensed and where a variety of over-the-counter medications, cosmetics, and other miscellaneous merchandise may be sold.
DRY-CLEANINGAny establishment that is primarily engaged in dry cleaning and laundry services, including pressing, repair, cleaning, and dyeing, other than personal services directly to a consumer.
DWELLINGA building, or structure, or manufactured home, designed or used exclusively for residential occupancy, including single-family dwellings, duplexes and multifamily dwellings, but not including hotels or lodging and boarding homes.
DWELLING DENSITYThe maximum number of dwelling units permitted per acre or per lot.
DWELLING UNITA group of connected rooms, whether in a separate structure, a duplex, townhouse or apartment building, including, in each unit, bathing, toilet and cooking and food storage facilities for the exclusive use of one family or not more than three unrelated individuals.
DWELLING, MULTIFAMILYA building, which is the only principal building on the lot, containing two or more dwelling units.
DWELLING, TWO-FAMILYA structure designed for two dwelling units, whether side-by-side or one above the other, with each unit having means of egress directly to the outside, at grade, or via an exterior stairs to grade.
EFFECTIVE DATEThe date on which this chapter is duly adopted by the City or as specified in an ordinance adopting the same.
EMERGENCYA condition that:
[Added 5-8-2017 by Ord. No. 2017-8] Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
FAMILYOne or more persons living together as a single housekeeping unit. The number of occupants in any dwelling unit shall be subject to the provisions of federal, state or local laws, codes or regulations regulating the amount of square feet per occupant for health, safety and sanitation reasons.
FCCFederal Communications Commission.
FENCEA man-made barrier constructed of materials other than natural vegetative growth and erected for the purpose of protection, confinement, enclosure or privacy.
FLAGA piece of cloth, varying in size, shape, color and design, usually attached at on edge to a staff or cord, and used as the symbol of a nation, state or organization.
FLOOR AREAThe sum of the gross area of all floors of a building measured from the face of interior walls.
FLOOR AREA, GROSS (GFA)When prescribed as the basis of measurement for off-street parking space and loading berths for any use, floor area shall mean the sum of the gross areas of the floors of buildings, or portions thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets; and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
FOOD PROCESSING/SALESThe retail sales of foodstuffs and associated merchandise packaged for consumption, after preparation, off the premises where sold and not including any restaurant or take-out establishment.
FRONT YARDThe area of any property between the front lot line and front setback line
FRONT YARD LINEA front yard line bounds the front yard and is parallel to the front line.
FUNERAL HOMEAn establishment engaged in undertaking services such as preparing the human deceased for burial, and arranging and managing funerals, including mortuaries and crematoria.
GRADEThe average elevation of the finished ground adjoining the building on all sides as referenced to the center-line grade of streets abutting the lot.
GRADINGThe process of changing the natural surface of the land in order to carry out a development plan.
GROSS ACREAGEThe total acreage of a tract for which an application is filed or approved.
GROUP HOME FOR THE HANDICAPPED (STATE LICENSED)A single-family dwelling shared by three or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean having a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; a record of having such an impairment; or being regarded as having such an impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to adult prison or facility for incarceration.
HARDWARE SALESAn establishment where hardware such as tools, appliances, and related supplies are sold.
HEIGHTThe vertical distance along the wall of a building measured between the average of the highest and lowest elevation at ground level on the front or rear facade, whichever has the lower ground elevations, and the top of the parapet on a flat roof building or halfway between the eaves and highest ridgeline on a sloped roof building except that chimneys, stacks, steeples, roof-mounted air-handling equipment, and similar projections of the building, not intended for human occupancy, shall not be considered in measuring height.
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.
HEIGHT OF SIGNThe vertical distance measured form ground level to the highest point on the sign, or its supporting structure.
HIGHWAY ACCESS POINTThe intersection of an accessway or driveway from a lot or parcel of ground, with a public street or right-of-way.
HOSPITALAn institution licensed in the Commonwealth of Pennsylvania as a general hospital, which renders inpatient, outpatient, and emergency medical care on a twenty-four-hour-per-day basis, and provides primary health services and medical/surgical care to persons with physical or mental conditions requiring definitive diagnosis or treatment, or both.
HOTELA commercial lodging establishment that offers units for sleeping purposes to transient guests and which provides twenty-four-hour service for receiving and assisting guests.
INDUSTRALIZED HOMEA factory-built home, other than a manufactured home, which meets all of the following requirements: Is designed only for erection or installation on a site-built permanent foundation; Is not designed to be moved once so erected or installed; Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing; or To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation.
JOINT OCCUPANCY USETwo or more distinct and different uses, performed by one or more occupants, occurring at the same time in the same structure.
JUNKYARDAny portion of any lot, whether inside or outside a building, for storage, keeping, or abandonment of automobiles or other vehicles, machinery or parts thereof and any worn, cast-off or discarded article or material which is ready for destruction, or which had been collected or stored for sale, resale, salvage or conversion to some other use.
KENNEL, COMMERCIALThe boarding, training, grooming or showing of more than four domestic animals shall be limited to dogs, cats and such other species as may be considered pets in a residential setting.
LAND DEVELOPMENTAny of the following activities: The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. A subdivision of land. Development in accordance with the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170 of 1988).
LAUNDRIESAny establishment that provides washing and/or dry cleaning services for industrial or commercial customers, such as bars, restaurants, janitorial services, etc.
LAUNDROMATAny establishment that provides washing machines and dryers for on-site usage by customers and/or personal dry-cleaning services in which customers may deliver and pick up dry cleaning.
LOADING AREAAn area of property on which activities are of such a nature as to require continuous receiving and/or shipping of goods, such area to be used exclusively for loading and not to interfere with other vehicular or pedestrian circulation on the property.
LOTA designated lot of record, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT COVERAGEThe maximum area which may be occupied by principal and accessory structures.
LOT LINE, FRONTThat boundary of a lot which is along an existing or dedicated street or right-of-way; on a corner lot, the front lot line shall be upon an existing or dedicated street where the primary access to the principal structure is located.
LOT LINE, REARThe line generally parallel to the front lot line, which defines the rear of the lot. A lot bounded by only three lot lines will not have a rear lot line. See Article
III, §
166-15, exception related to corner lots.
LOT LINE, SIDEAny lot line which is not a front lot line or a rear lot line. See Article
III, §
166-15, for exception related to corner lots.
LOT OF RECORDA lot which has been duly recorded in the office of the Recorder of Deeds of Westmoreland County, either individually or as part of a subdivision.
LOT WIDTHThe horizontal distance between side lot lines measured along the front lot line, unless otherwise specified, or in exceptional cases, the average lot width for the entire depth of the property.
LOT, CORNERA lot abutting on and at the intersection of two or more streets.
LOT, FLAGA lot with access provided to the bulk of the lot by means of a narrow corridor.
MAJOR HOME OCCUPATIONAny nonresidential use conducted for gain or support within a dwelling as provided for in §
166-32, and carried on by occupants thereof, which use is clearly incidental and secondary to the use of the dwelling as a dwelling unit and does not change the residential character thereof.
MANUFACTURED HOMEA 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 in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MANUFACTURED HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MANUFACTURINGOperations involving the manufacture or products or parts, predominantly using previously prepared material, including processing, fabrication, assembly, treatments, and packaging of such products, and incidental storage, sales and distribution of such products.
MEASURMENT OF LIGHTNits and footcandles are a unit of measure that are also called candelas per square meter. One footcandle is equal to 10.76391 Nits and 10.77 Lux for conversion of light units of measure from a specific predetermined distance noted within this chapter.
[Added 7-11-2022 by Ord. No. 2022-5]
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in the Medical Marijuana Act, Act No. 16 of 2016, as amended.
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the Commonwealth to dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health of the Commonwealth to grow and process medical marijuana.
MEDICAL MARIJUANA PERMITA permit issued by the Department of Health of the Commonwealth authorizing a medical marijuana organization to conduct activities under the Medical Marijuana Act, Act No. 16 of 2016.
MEDICAL OFFICEAn establishment providing therapeutic, preventative, corrective, healing and health-building treatment services on an out-patient basis by physicians, dentists and other practitioners. Typical uses include medical and dental offices and clinics and out-patient medical laboratories.
MEMBERSHIP ASSOCIATIONAn area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.
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 group of attached or detached buildings containing individual sleeping units where the units may open individually and directly to the outside and where a garage is attached to or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and such word shall include tourist courts, motor courts and motor lodges.
MUNICIPAL ENGINEERA professional engineer, licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.
MUNICIPAL 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 or distribution system, collection, communication, supply or disposal systems, sanitation services and their essential buildings.
MUNICIPAL SERVICES FACILITIESAny activities of the City government, volunteer fire departments, sewage disposal and water supply systems or local electric and telephone lines.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling. The business may not employ anyone other than family members residing in the dwelling. The activity 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 a residential use.
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 WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
NONCONFORMING LOTA lot, the area or dimension of which was allowed prior to the adoption or amendment of this Zoning Chapter, which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGNAny lawful sign prior to the passage of this chapter which does not conform to the applicable sign regulations of the zone in which it is located, either on the effective date of this chapter or as a result of subsequent amendments thereto.
NONCONFORMING STRUCTUREA structure, or part of a structure, manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Chapter or amendment, heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location, by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEThe use, whether of land or of structure, which does not comply with the applicable use provision in the Zoning Chapter or amendment, heretofore or hereafter enacted, where such use was lawfully in existence prior to the application of such ordinance or amendment, to its location by reason of annexation.
NURSERY SCHOOLAn establishment that offers private educational services to children who are under the minimum required age for education in public schools.
OFF-STREET PARKINGAn area, entirely sized as specified by the regulations in this chapter, wholly outside any public right-of-way but with direct access via a driveway or access aisle to a public street.
OFFICE BUILDINGA building designed or primarily used for office purposes, no part of which is used for manufacturing, or a dwelling other than living quarters for a watchman or custodian.
OUTDOOR RECREATIONAL USEAn establishment offering recreation, entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open. Typical uses include archery range, golf driving ranges and miniature golf course and other types of recreation and entertainment not otherwise defined.
PARAPETA low wall projecting above the roof of a flat-roofed building usually as an extension of the side walls.
PARKINGSee "parking space or off-street parking."
PARKING GARAGEA parking area located in a multilevel structure which is the principal use on the lot and which may be operated by either a public agency or private entity, whether for profit or not, and which is available for use by the general public, usually for a fee.
PARKING LOTA parking area on the surface of the ground that is the principal use on the lot that may be owned and/or operated by either a public agency or private entity, whether for profit or not, and that is available for use by the general public for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or for a fee.
PARKING SPACEAn off-street space having an area of not less than 180 square feet, whether outside or inside a structure, used exclusively as a parking, turning and access stall for one vehicle.
PATIOA paved, at-grade structure directly adjacent to a principal building without a permanent covering or permanent sidewalls.
PERFORMANCE STANDARDSMinimum requirements designed to minimize the impact of potentially blighting conditions (i.e., noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, etc.) upon adjacent properties in particular, and the environment in general.
PERMITTED USESAny activity which is expressly allowed to occur on a property because of the property's location in a particular zoning district.
PERSONAn individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of the above.
PERSONAL AND PROFESSIONAL SERVICESServices provided on the premises, in an office or in facilities regulated by the state, and including retail sales or products to be used off the premises as only an incidental part of the business.
PERSONAL CARE BOARDING HOME (LICENSED)An institutional care facility licensed by the appropriate county, commonwealth or federal agency, in which seven or more persons with physical or mental disabilities, including persons recovering from drug or alcohol addictions, reside while receiving therapy or counseling for their disability prior to moving into more permanent living arrangements in family dwellings, or nursing, convalescent or similar health care facilities.
PET SHOPAn establishment engaging in the sale of live animals. Stores that sell only pet accessories should be considered as a "retail store."
PHASEOne or more sections on which an applicant proposes to commence development at the same time, as part of a timetable for development of a planned residential development over a period of years.
PLACE OF RELIGIOUS USEAny establishment operated by a religious organization for religious worship, religious training, and related religious services.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner or a group of landowners acting jointly and involving a related group of uses planned, developed and regulated as an entity. Such developments are compactly arranged in individual and/or multifamily dwelling units grouped in or around common open spaces, together with public and semipublic uses and noncommercial recreation facilities, provided they are functionally integrated so that the character of the development conforms to the purpose and intent of the chapter.
PLANNING AGENCYA planning commission, planning department or planning committee of the governing body.
PLANT CULTIVATIONThe cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials.
PORCHAn attachment to a building covered by a permanent roof, but without permanent side walls.
PRINCIPAL STRUCTUREThe structure containing the principal use or uses, whether conforming to the requirements of this chapter or not, and thus making all other structures and uses on the property accessory.
PRINCIPAL USEA single primary or predominant use to which property may be devoted and to which all other uses on the property are accessory.
PRIVATEAny procedure or establishment limited to members of an organization or other persons specifically invited or permitted where no advertisement or inducement has been made to the general public.
PRIVATE GARAGEA structure which is an accessory use and used only for the storage of the property owner's vehicles (for personal use) and the storage of other normal and customary personal property incidental to residential use.
PROPERTYA tract of contiguous land surface, including the structures thereon, all sections of which are in the same ownership, surrounded by a boundary that closes on itself.
PROPERTY LINEAll or part of the boundary describing the limits of a property.
PUBLICOf, or pertaining to, buildings, structures, uses or activities belonging to, or affecting, any duly authorized governmental body, which is available for common or general uses by all persons, excluding public works facilities.
PUBLIC GROUNDSIncludes: Parks, playgrounds, trails, paths, other recreational areas and other public areas; Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and Publicly owned or operated scenic or historic sites.
PUBLIC HEARINGA formal meeting, held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
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 City of Latrobe. 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, or less than seven days, from the date of the hearing.
PUBLIC UTILITYA service distributing water, gas, electricity, telephone service, cable television service or collecting sewage by means of a network of overhead or underground lines.
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.
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant, other than a solicitor, to any other body, board, officer or consultant, for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at the cost of reproduction.
RESTAURANTAn establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises. A restaurant may also specialize in take-out service. A restaurant may also be a delicatessen where food is already prepared or requires minimum preparation and is predominantly take-out food. A restaurant may include the accessory sale of alcoholic beverages and/or operate as a BYOB restaurant.
SCHOOL (PUBLIC OR PAROCHIAL)A site for instructional purposes on an elementary or secondary level, with a curriculum that complies with state regulations.
SETBACKA distance prescribed for each zoning district established by this chapter measured from any property line to a parallel line within the property, describing the limit of construction on the property and defining the required front, side and rear yards. The "limit of construction" shall be defined as including any projections of the structure, including sun parlors, foyers, bay windows, porches, decks, projecting eaves, dormers, gutters, covered stairs and ramps and any other solid projections and solid entrances.
SIGN (BILLBOARD)A structure that is arranged, intended, designed or used as an advertisement, announcement or direction, or which is posted, painted or placed in some fashion near a building, structure or any surface for such a purpose. The area of the sign shall include the support material from the bottom of the sign, to and beyond the top of the sign.
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.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STRUCTUREAny man-made object having an ascertainable stationary location which creates a footprint on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe 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.
SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGEA modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria: For tower-based WCFs outside the public rights-of-way, it increases the height of the facility 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; for tower-based WCFs in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater; For tower-based WCFs outside the public rights-of-way, it protrudes from the edge of the WCF by more than 20 feet, or more than the width of the tower-based structures at the level of the appurtenance, whichever is greater; for those tower-based WCFs in the public rights-of-way, it protrudes from the edge of the structure by more than six feet; It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; It entails any excavation of deployment outside the current site of the tower-based WCF; or It does not comply with conditions associated with prior approval of construction or modification of the tower-based WCF unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
SUBSTANTIALLY COMPLETEWhen referring to subdivision and land development, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the Pennsylvania Municipalities Planning Code) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
TAILORING SHOPAn establishment involved in the making or altering of garments such as suits, jackets, and dresses, typically to fit a particular person.
TAVERNAn establishment that sells alcoholic beverages for consumption on the premises as the principal use and that may offer food for consumption on the premises as an accessory use and which is licensed by the Pennsylvania Liquor Control Board.
TERMINAL FACILITIESA facility designed for the moving and storage of goods, including railroad, freight, and trucking terminals and railroad repair shops.
TESTING OR RESEARCHING LABORATORYAn establishment engaged in conducting basic, applied, industrial or scientific research, other than medical testing, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, but excluding production of products used primarily or customarily for sale or for use in non-prototype production operations. The term also includes medical laboratories where prosthetic devices or medical testing takes place exclusively on the written work order of a licensed member of the dental or medical profession.
TOWERA structure that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications. This definition shall not include tower-based wireless communications facilities.
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.
VARIANCEA grant of permission by the Zoning Hearing Board, which relaxes applicable provisions of the Zoning Ordinance, where literal enforcement would create an unusual and unnecessary hardship, depriving the recipient of reasonable use of the property, but specifying what modifications to strict conformance are permitted.
VETERINARIAN/ANIMAL HOSPITALAn establishment that provides animal care and veterinary services, including the boarding of animals for medical purposes.
WAREHOUSEAn establishment that is engaged in the storage of materials, equipment or products that will be distributed to wholesalers or retailers. This definition shall include distribution centers and delivery centers.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface water resources within the City of Latrobe.
WBCAThe Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
WHOLESALE ESTABLISHMENTAn establishment engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public, or acting as a broker for such merchandise sales.
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 is constructed primarily to support the placement or installation of a wireless communications facility if approved by the City.
ZONINGThe division of the municipality into zones or districts where land and buildings are regulated.
ZONING OFFICERThe Zoning Officer of the City of Latrobe. To the extent that the Zoning Officer may also have the duties and title of Code Officer (also known as "Code Enforcement Officer"), the presumption shall be that any duties undertaken, or any documents signed by this individual shall be valid regardless of the title so indicated and shall comply with the requirements for either officer as set forth in any ordinance of the City of Latrobe.