A subordinate building, the use of which:

See "business use, accessory" and § 300-35.

A use which is subordinate to and customarily associated with the principal use of a lot or building and located on the same lot, provided that it is not noxious or offensive to neighboring permitted uses by reason of appearance or emission of odor, dust, smoke, gas, vibration or noise. All such uses must be permitted uses under this chapter, and must meet performance standards. For the purposes of this chapter, the uses shall be customarily and clearly incident and subordinate to the principal use of the main structure or land. The following uses are included:

The Pennsylvania Municipalities Planning Code, Act 247, of the Commonwealth General Assembly, dated July 31, 1968, with the effective date of January 1, 1969, as amended.[1]

Any commercial establishment in which is offered for sale any book or publication, film or medium which depicts nudity or sexual conduct.

An adult bookstore, movie theater or movie house or other adult entertainment as defined herein. In the event that a use includes activities which constitute an adult bookstore, adult movie theater or movie house or adult entertainment as defined herein, then such use shall be considered an adult business and shall be subject to all provisions in this chapter applicable to adult business uses, even if such activities are not the only activities conducted upon the premises.

An establishment providing, either as sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of live dancing, posing, displaying, acting or other live presentation or use of persons whose action are distinguished or characterized by emphasis on use of the human body in a manner intended to or resulting in arousal of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.

Any movie theater which shows films rated "X" by the Motion Picture Coding Association of America or any movie theater which presents for public viewing so-called "adult films" depicting sexual conduct, as defined by this chapter.

A public way open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation. An alley, lane or way shall be at least 20 feet wide.

See Article XXIV.

The boarding, breeding, housing, keeping or medical treatment of five or more animals six months old or older.

Equipment that transmits or receives broadcast signals such as wireless telephone, pager, commercial mobile radio service or any other wireless communication signals, including but not limited to omnidirectional or whip antennas, directional or panel antennas and microwave dishes owned and operated by any person or entity licensed by the FCC to operate such equipment. This definition does not include supporting structures, satellite dishes, or antennas used solely for purposes such as ham radio, citizens band radio.

See § 300-139.

See "dwelling."

A landowner or developer or his authorized agent, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

Every application, whether preliminary 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, for the approval of a subdivision plat or plan or for the approval of a development plan.

A service garage, when especially designated by Council, where vehicles, wrecked, abandoned or not in running condition, may be temporarily stored.

An open area in conjunction with a new automobile sales establishment, other than a street or way, used for the display or sale of new and used automobiles or utility trailers and where minor repair work may be done within an enclosed building. (See § 300-44A).

See "garage, service" and § 300-44B.

See "gasoline service station."

A building, or portion thereof, where automobiles are washed, including the use of a chain conveyor, and blower or steam cleaning device. See § 300-44B.

An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups, and transmission work, which is conducted within a completely enclosed building.

A nonpermanent structure which overhangs a public or private pedestrian walkway to provide protection from the elements.

A portion of a building located partly underground, but having 1/2 or less of its clear floor-to-ceiling height below the average grade of the adjoining ground. A basement shall not be counted as a story for purposes of height measurement unless 1/2 or more of its volume is above the average elevation of the finished grade at the front of the building. An improved basement shall be counted as part of the floor area for a dwelling. A residential dwelling may be permitted as an accessory use in basements if all other requirements of this or other ordinances are met. This shall not be construed to permit a residential dwelling in a cellar.

The average elevation of the proposed grade line of the ground at the front of the structure as shown on the construction plans; in the case of a structure abutting the front property line, the elevation of the curb in front of the center of the structure, or if there is no curb, the elevation of the proposed grade line at the center of the front lot line; in case no grade line is established, the actual existing grade of the traveled roadway shall apply.

Includes liquor (state) stores and beer distributors.

A tract of land bounded by streets or other definite physical or natural barriers, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or municipal boundary lines of the City.

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.[2]

See "rooming house" and § 300-33C.

See "garage service."

That portion of a zoning lot bounded by the required front, side and rear yards; when a yard is not required, the boundary is the lot line. (See Subsection J of the definition of "lot").

A structure having a roof supported by columns or walls used for the housing or enclosure of persons, animals or goods.[3]

The vertical distance and the number of stories measured from the basic grade to:

An imaginary line fixed by the required yard depth measured back from and parallel to the nearest road right-of-way line or lot line.

The building housing the principal use of the lot on which it is located.

A detached accessory building or portion of a main building; may be used for the parking or temporary storage of principal use automobiles. (See "accessory use.")

Two or more main commercial, institutional or industrial buildings grouped upon an area of land controlled by the landowner; such as a shopping center, school, church, hospital, development or industrial plant. (See "land development.")

Indicates the size, setbacks and location of buildings with respect to each other, and includes the following:

A housing facility designed and intended to be used for a temporary period of time to house oil and gas exploration workers. Such facility is not intended to accommodate families or school aged children. A bunk house may be a travel trailer, camper, mobile home or a structured manufactures for this particular use.

Commercial, and when referring to zoning districts, is an interchangeable and equal reference.

Any business activity which renders service to other commercial or industrial enterprises.

A special exception use including C-1 retail stores and personal services establishments. (See "accessory use" and § 400-35.)

Areas which are located in S Districts, excluding floodplains, which are used for camping. They should have a good access road and several outlets which campers may tap into. The area should be segregated into parcels not less than 50 square feet with the specific purposes either mobilized camping facilities such as trailers or nonmobilized facilities such as tents. In addition, adequate vehicle parking space should be provided for each camp site. The City may assess a small fee on the mobilized campers to cover the cost of the electric service provided when on City owned land. No single trailer or tent may occupy a camp site and no more than one site in the City for more than 60 days per year. Adequate arrangements must be made to guarantee the sanitary storage, pickup and removal of solid waste (garbage).

A structure arranged, used or intended to be used for the shelter of a car and which includes a roof and is open from the roof to the ground on two or more sides [see § 300-101B(4)].[5]

In the case of an improved road, the portion which is paved or improved for travel, and in the case of an unimproved road, the entire graded surface.

A catering establishment may be an accessory use in a restaurant.

A portion of a building located partly or wholly underground, and having 1/2 or more than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground. Residential dwellings shall not be permitted in cellars, but may be so permitted in basements as accessory uses, if all other requirements of this chapter or other ordinances are met.

See § 300-28.

Daytime, temporary care for preschool children, accredited and listed with the controlling commonwealth agency.

City of Lower Burrell, Westmoreland County, Pennsylvania.

Excavated earth. This shall not include scrap from commercial or industrial operators, used building materials or vehicles not in running condition.

A building designed and used for the medical, dental and surgical diagnosis and treatment of human patients under the care of doctors, nurses and trained personnel, but such patients are not provided with board or room or hospitalized overnight on the premises. Also permits counseling of patients.

An establishment operated for social, recreational or educational purposes but open only to members and not the general public.

See "educational institutions."

Indicates business when referring to zoning districts.

The Planning Commission of Lower Burrell.

The Commonwealth of Pennsylvania.

A parcel of land or an area of water, or combination of land and water, within a development site and designed and intended for use or enjoyment of residents of a particular planned residential development, planned unit development or residential subdivision not including streets, off-street parking or loading areas and areas set aside for public facilities. Common open space shall be substantially free of structures, but may contain such improvements as are in the development plan or subdivision plat as finally approved and as are appropriate for the recreation of the residents. (See Article VIII).

A structure including, but not limited to, steel towers, equipment sheds or cabinets, and monopoles, self-supporting or guyed tower, the principal use of which is for public or private wireless communication purposes including, but not limited to, wireless telephone, pager, mobile domestic cellular telephone services and personal communication services, or any other wireless communications signals and is owned and/or operated by an entity or person licensed by the FCC to operate such equipment but not subject to regulation by the Pennsylvania Public Utility Commission. Not included are structures used solely for purposes including, but not limited to, ham radios, and citizen band radios or municipal services communications. The term "communication towers" and "towers" shall be treated as synonymous.

See "improvement (performance bond)."

Joint ownership with clear title by an individual of one or more dwelling units in a multiunit project. The individual owner has unrestricted right of disposal of same, with the land and all other parts of the project held in common with owners of the other units. The multiunit structure and/or the individual units held in common ownership as described above are referred to as condominiums; with joint ownership of the common areas and an easement in their use and in the common appurtenances, including the walls, roof, entrance halls, elevators, heating system, electrical and plumbing system. Also denotes a joint responsibility for the maintenance of common areas and facilities.

Those gas and oil wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, and such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days total in any calendar year.

The remodeling of a single-family dwelling unit into two or more separate living units each having a minimum of 2,000 square feet of lot area and 500 square feet of habitable area, one bathroom and three habitable rooms, separate and private, sanitary, cooking and dining facilities and a minimum of 1 1/2 off-street parking spaces per dwelling unit. Basement and/or cellar dwellings shall not be defined as conversion apartments.

An open, unoccupied and unobstructed space, other than a yard, on a zoning lot, bounded by two or more sides of a building, including similar area open to the sky, but not necessarily beginning at the ground level.

See § 300-181.

That percentage of the plot or lot area covered by buildings. (See Illustration No. 3 of Appendix A.)

A dead-end street having a suitable turnaround.

The composition of required curbs shall be of concrete; where such are not paved with asphalt, they may be surface treated; however, when replaced, such replacement shall be with concrete. (See § 300-129 and Illustration Nos. 8 and 9 of Appendix A.[6])

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the municipality lies.[7]

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:[8]

The act, process or state of erecting all structures except farm dwellings and structures.

The plan for development of a parcel of land, including a plot 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.

Landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

Indicates zoning district unless specified otherwise.

See § 300-33B.

A retail establishment providing service to automobiles or the occupants thereof directly, usually requiring the occupants to leave their automobiles. Such service includes minor repairs, replacements or services to the automobiles, serving food or drink to the occupants, or providing entertainment or facilities for transacting business without leaving the automobile. Some drive-in businesses such as gasoline service stations are described separately. Further, the provision of an off-street parking lot for the convenience of customers served for doing business within a building or structure does not constitute a drive-in business.[9]

Shall be dust free; minimum width shall be 10 feet or 12 feet when used also as an entrance walk; minimum transition radius at the curb shall be three feet to five feet with a twelve-foot curb radius for commercial, industrial or other high-volume driveways; where crossing required sidewalk and curb-or right-of-way areas, driveways shalt be paved with concrete. As shown in Illustrations Nos. 9a and 9b of Appendix A,[10] right-of-way grading requirements shall apply to driveways and in any case, change in grade shall not exceed one inch vertical for every one foot horizontal within any 10 feet of distance. (See §§ 300-91O and 300-156).

See "driveways." The regulations in § 300-91O shall apply in all zoning districts, unless stated otherwise, for all uses. Ten-foot openings are the minimum and are to be used with those of 25 feet; intermediate openings are to be discouraged.[11]

See § 300-77B.

Any building or portion thereof which is designed for or used for residential purposes. The word "dwelling" shall not include hotels, motels or other structures used for transient residence. See Illustration No. 2 of Appendix A.[12]

Deposit of any material other than clean fill without Zoning Officer approval.

A grant by the owner of land by use by others, including the public. (See § 300-129C).

Public, private or parochial, preschool, elementary, secondary, junior and senior high school; child-care facilities, nursery schools; colleges; universities and business and vocational institutes of higher learning. (See §§ 300-28C, 300-37 and 300-47.)

A porch with at least a parallel wall permanently located. Such wall shall extend from the floor (deck) to the roof of the porch, or any structure more than 6 1/2 feet in height even though open spaces or windows are a part of such wall. Whichever requirement is greater shall apply. (See § 300-128A and B.)

Includes built, constructed, reconstructed, moved upon or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the erection.

The removal of earth surface materials by the action of natural elements.

The erection, construction, alteration or maintenance by public utilities, 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, conduit 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. (See § 300-88.)

Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. (See § 300-32F, 300-65B and 300-154.)

Any parcel of land containing at least 10 acres which may be used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of farm equipment; provided, that such buildings, other than one dwelling, are not within 300 feet of all property lines. Appeals by an applicant may be heard by the Zoning Hearing Board to determine variance on this distance. Truck gardens and nurseries shall be considered to be farms and may contain between one and 10 acres. (See § 300-135 and "manure piling.")

A fabricated barrier, the sole function of which is to enclose or set apart an area of land.

Any act by which earth, sand, gravel, rock or any other soil material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and includes the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; the material used to make a fill.

A fire station shall be considered a public use for the purpose of this chapter.

The general and temporary condition of partial and complete inundation of normally dry land areas from the overflow of streams, rivers, watercourses or other inland water from any source.[13]

The area along a natural watercourse which is periodically, or at least once in 25 years where substantial property damage occurs, overflowed by water therefrom.[14]

See § 300-33B.

The distance between the points of intersection of the side lot lines with the front lot line. On a corner lot, frontage is the distance along the front lot line between the side lot lines of the lot. On lots arranged around the cul-de-sac, where the radius of curvature of the street is less than 150 feet, "frontage" shall be deemed to have the same meaning as "lot width."

See § 300-77C.

See § 300-33C.

A building or portion thereof, used for the storage and/or service of motor vehicles.

One garage, or a group of detached garages arranged in a row or surrounding a common means of access, one story in height, and used exclusively for the parking of automobiles by residents, customers or persons engaged in conduct of establishments in the immediate vicinity of its location. (See § 300-100.)

An accessory building or part of a principal building used only for the storage of private motor vehicles and other personal effects of the occupants of the principal structure. A minor garage may be substituted for required parking space. (See § 300-101.)[15]

A building or part thereof used for the repair of motor vehicles for remuneration, but not used for dismantling or scrapping of motor vehicles; a garage building available to the public and operated for gain and which is used for storage repair, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. Where more than two vehicles are located which are not in running condition and are not completely enclosed in a building, such premises shall be deemed a junkyard rather than a repair garage. This provision shall not apply to garages especially designated as automobile pounds by Council. (See § 300-44B.)

See § 300-77C.

Any building or premises used for the retail sale of liquefied petroleum products or other fuels for the propulsion of motor vehicles and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories and other items customarily associated with the sale of such products; for the rendering of services and making adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered, and repairs to motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof or complete recapping or retreading of tires. (See § 300-44C.)

Growing of household vegetables.

Must be of such a size and design as to satisfy, where applicable, requirements of the Professional Golfer's Association. In addition, a club house with locker and sanitary facilities shall be an integral part of the course design.

The Council of the City of Lower Burrell, Westmoreland County, Pennsylvania.

See "public uses," "semipublic uses" and § 300-151.

The degree of inclination of a road or slope.

See § 154-14.

May be an accessory use. (See § 300-98B.)

The total floor area of a shopping center designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet.

A floor shall be deemed to be a ground floor if it does not vary in elevation more than four feet from the level of the adjacent ground to which it has direct access. A building on a sloping lot can have a ground floor on two different levels.

See § 300-33C.

A building containing sleeping rooms principally for use of transients and sometimes containing accessory uses, such as a kitchen and dining facilities, lounge, meeting rooms and convention facilities, and other business uses permitted within the zoning district. (See § 300-34.)

See "mobile home."

See § 300-98.

Any use other than the family laundry or storage of personal articles of the family dwelling within the structure. (See "floor area.")

A deposit of cash, bond, certified check or negotiable securities and an agreement to the effect that the landowner or developer will install required improvements. An improvement bond may be considered a completion guarantee. [See §§ 154-13 and 300-174B(4).]

Indicates manufacturing when referring to zoning districts.

An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled. Materials include but are not limited to scrap iron and other metals, paper, rags, rubber tires and further includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. Any use of land which contains more than two vehicles which are not in running condition and which are not completely enclosed in a building shall be deemed a junkyard.

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or other person having a proprietary interest in land.

Retail outlet for a laundry, providing for deposit and distribution only.

The assembly, fabrication, manufacture, processing, production, storage and/or wholesale distribution of goods or products where no process involved will produce noise, vibration, fire hazard, air pollution or other emissions noxious or dangerous to neighborhood properties within 400 feet. Such goods or products include advertising signs and displays; artificial limbs, braces and orthopedic devices; awnings, tents and tarpaulins; bakery, dairy and food products, but not animal slaughtering, curing nor rendering of fats; books, magazines, newspapers and printed material; cabinets, custom millwork and woodworking; ceramics, nonstructural tile and cement products; clothing and wearing apparel; custom sheet metal work; dies and gauges; draperies; upholstery and slipcovers; electrical instruments and electronic devices; home appliances, radio and television; jewelry; lightweight nonferrous metal castings; lithographic plates and photo engravings; machines; optical goods and instruments; patterns; pharmaceutical products and medicines; plastic moldings or extrusions but not the formulations of basic plastic material; precision instruments; sporting goods; timepieces; toys; type composition; and Venetian blinds. Also, the cleaning, maintenance, repair and/or service of all products permitted above, batteries, bicycles, boilers, guns, locks and rugs. Also animal care, exterminators, freezer lockers and cold storage, laboratories, laundries, light machine shops, machinery rental moving and storage, packing and crating service, research laboratories with pilot plants, taxidermists and commercial welding are included in this definition for the purpose of this chapter.

Storage and disposal, see § 300-78.

State liquor stores are considered as retail and wholesale beverage distributors.

See "transient."

See § 300-25B.

See "street."

"Industrial" when referring to zoning districts.

Manure piling on farms and in conjunction with stabling horses and ponies must conform to Department of Environmental Protection, Chapter 243, Title 25, Rules and Regulations and be a minimum distance of 100 feet from any dwelling, and 50 feet from any property line. (See § 300-135 and "farm".)[20]

Marijuana for certified medical use as set forth in Act 16 of 2016.[21]

Use of the premises by a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to dispense medical marijuana.

The use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit from the Commonwealth of Pennsylvania Department of Health, to grow and/or process medical marijuana, with all growing and processing activity to be conducted indoors.

A chartered, nonprofit organization, the primary purpose of which is the advancement of its members or of the community in educational, recreational, fraternal, cultural, social or civic pursuits and activities. It shall not include living quarters for persons other than those engaged in the conduct of it; it shall not be operated for profit and alcoholic beverages shall not be served. (See § 300-33C.)

See § 154-11D.

Not to include gas and oil wells and oil and gas development. (See § 154-11D.)

See § 300-166.

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.[22]^, [23]

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.[24]

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.[25]

See § 300-36F.

See "hotel; motel" and "tourist court."

The City of Lower Burrell, Westmoreland County, Pennsylvania.

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."[26]^,[27]

A facility designed and constructed to compress natural gas that originates from an oil or gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant, or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.

A facility used to remove materials such as ethane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment used primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas. This includes a dew point control facility.

See §§ 154-11 and 154-14.

The neighborhood commercial or shopping center provides mostly for the sale of convenience goods: foods, drugs and sundries; and personal services: laundry, dry cleaning, barbering and shoe repairing; for day-to-day living needs.

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.[28]

A sign lawfully existing at the time of the enactment of this chapter (or as later amended), which does not conform to the sign regulations applicable in the zoning district in which it is located.

A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.[29]

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.[30]

See § 300-184 and "use."

Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well being of individuals.

The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.[31]

See "farm."

A home operated similarly to a boarding house, but not restricted to any number of guests or guest rooms and the operator of which is licensed by the state or county to give special care and supervision to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, but in which homes are kept no persons suffering from a mental sickness, mental disease, disorder or ailment, or from a contagious or communicable disease, and in which homes are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals, and in which no persons are kept or served who normally would be admittable to a mental hospital.

The written authorization issued by the Zoning Officer for use of land or buildings. (See § 300-174B.)

See § 300-77.

Any areas arranged, designed, used or intended for use for the parking of five or more motor vehicles. (See "parking area.")

An essential service; a parking area or garage, either minor, private or community, may be substituted for each other and may be a principal use. (See § 300-91.)

Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane, and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through, and below the surface of the earth. It is not to include the term "minerals."

The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with an oil and gas well; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas other than natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities.

The drilling and operation of oil or gas wells but not including conventional gas and oil wells. The underground activities and processes used and the migration of gas or oil from a subsurface area to a gas or oil well site at the surface shall not in and of themselves constitute mineral removal and are allowed to occur in Conservancy (S) and Industrial (I) Zoning Districts as a conditional use.

A parcel or parcels of land and/or an area of water within a municipality and designed and intended for the use and enjoyment of all municipal residents, not including areas set aside for public facilities. Such space shall be substantially free of structures but may contain such improvements (recreation space) as are indicated in the County or City Comprehensive Plans and/or are appropriate for the recreation of County or City residents. [See § 300-65C and Act 247, Art VII, § 705(d)(1).[32]]

Any person, partnership, company, corporation and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas and also any "well operator" or "operator" as defined in the Pennsylvania Oil and Gas Act.[33]

Any person or legal entity having a proprietary interest in the land that is zoned.

See "lot."

An open space other than a street or alley used exclusively for the parking of automobiles. (See "off-street parking.")

Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature.

A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare or heat generated by or inherent in uses of land or buildings.

See "use."

Any commercial establishment providing services pertaining to the person, his apparel or personal effects commonly carried on or about the person and including hair dressing, shoe repair, tailoring and cleaning on the premises of wearing apparel brought to the establishment by the customer.

Includes tables, pavilions or some other type of shelter, rest rooms within the defined picnic area, an athletic field, fresh water, barbecue areas, and where feasible, playground equipment. Where these facilities are provided by the City through tax revenues, such facilities may be available free of charge to the residents of the City.

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.[34]

The same as "planned residential development."

See "commission" and Article XX.

The map, plot plan or plan of a subdivision or land development, whether preliminary or final.

See "plat."

A point in the center of a traffic intersection where the two streets or road center lines meet.

A dwelling being or consisting of one or more units designed to be folded, collapsed or telescoped when towed, to be expanded later into one integral unit for additional cubic capacity and placement on permanent foundations.

That use or purpose for which a building, structure and/or land or major portion thereof, is designed, arranged, intended or for which it may be occupied or maintained under this chapter. The use of any minor portion of a building, a structure and/or land on the same lot for incidental, subordinate or supplementary uses to the principal use and permissible under this chapter shall be considered an accessory use. (See §§ 300-98 and 300-137.)

Any office or establishment of those whose training qualifies them to provide specialized services to the community in the commonly recognized professions (education, engineering, law, medicine, music, philosophy, science, theology, the arts (architecture, drama, music, painting, photography, writing) and similar activities (insurance, real estate).

Any occupied residence, commercial business, school, religious institution or other public building located within 1,000 feet of the surface location of a well that may be impacted by noise generated from drilling or hydraulic activity at a well site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface rights to drill the subject well or whose owner (or occupants) has (have) signed a waiver relieving the operator from implementation of the measure established in this chapter for the owner's (occupants') benefit.

Includes:[35]

A formal meeting held pursuant to public notice by the City Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.[36]

Notice published once each week for two successive weeks in a newspaper of general circulation in the City. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.[37]^,[38]

Schools, parks, playgrounds, administrative, cultural and service buildings owned and operated by a government agency, but not including public land or buildings devoted primarily or solely to the storage or maintenance of equipment and material unless adequately screened. (See § 300-151.)

A building and equipment for refining or processing oil or gas or similar products.

A shopping center providing primarily for the retail sale of goods and services. It is built around a "chain" department or variety store as the major tenant. It serves as a general business district (see § 300-39) for people beyond the City limits and within 30 minutes driving time. Minimum gross leasable area shall be 100,000 square feet for purposes of definition only. Minimum site area shall be 10 acres. (See §§ 300-42E, 300-46 and 300-111D.)

Any 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 cost of reproduction.[39]

Any commercial establishment offering goods, merchandise or other items for sale at retail to the customer, including bake shops and candy shops where foods are prepared for sale on the premises.

Land reserved for use as a street or for other public use.

A residential building other than a hotel where lodging is offered by prearrangement for a definite period for compensation for three or more persons; however, they are not open to transient guests, in contrast to hotels, motels or tourist homes which are open to transients. These uses are located in zoning lots with a minimum area of 10,000 square feet, plus 300 square feet for each sleeping room in excess of four, provided one-family area and height requirements are met. Boarding houses are similar, but include the provision of meals.

See "dwelling" and "townhouse."

The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from he subject tract, as permitted by prevailing zoning.

See "educational institutions."

A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, places or yards for use of salvaged wrecking and structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building, and excluding pawn shops and establishments for sale, purchase or storage and used cars in operable condition, salvaged machinery, used furniture and household equipment and the processing of used, discarded or salvaged material as part of manufacturing operations; included as solid waste disposal sites.

See § 300-166.

The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited, or remains suspended in water, it is usually referred to as "sediment."

Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature. (See § 300-151.)

See § 300-78.

See § 300-89.

Patently offensive representation or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patented representations, descriptions or acts of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.

See "building, unit group."

Four feet shall be the minimum width required, concrete shall be the composition and the required front and side yards may be the location. (See § 300-129H.)

The maximum distance of unobstructed vision, in a horizontal or vertical plane, along a street from a vehicle located at any given point on the street which shall take into account the visibility over a crest vertical curve and the extent of headlight illumination across a sag vertical curve. See PennDOT Publication 201, Engineering and Traffic Studies.[40]

Any single surface, device or structure exposed to public view fixed or movable having lettered, pictorial or sculptured matter designed and placed to direct attention to an object, product, menu, place, activity, person, institution, organization or business. The term "sign" does not apply to a religious, patriotic, fraternal, national or cultural symbol, if unaccompanied by lettering, when applied to the cornice, wall, tower or spire as part of a building.

The entire area within the dimensions of the sign device or structure usable for display and lighting. However, such gross surface shall not include any structural elements lying outside the dimension limits of such sign and not forming an integral part of the display. (See Article XIV.)

The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

See § 300-77A.

Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise to improve its engineering properties.

See § 300-79 and "scrap yard."

See § 300-33B.

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.[41]

A structure or portion thereof, accessory to a residential use, used as a shelter for horses and/or ponies. An adequate fence or barrier shall be provided. (See § 300-28B.)

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.[43]

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.[44]

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.[45]

A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.

See "gross surface area."

A stretch of land to gather or carry surface water contained, graded or directed to be lower than adjacent land.

See § 1104.[46]

See Subsection D of the definition of "structure."

Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or human debris. Topsoil is usually found in the uppermost soil layer call the "A Horizon." (See § 154-11.)

A group of attached or detached buildings containing only individual sleeping rooms or living units, except in the case of quarters for the resident manager or proprietor, with separate accessory facilities, designed for temporary use by automobile tourists or transients, and includes auto courts, motels, hotels or motor lodges.

Any lot or building lot, or any structure located on any lot or building lot, on which communication towers are located or proposed to be located. Only one tower shall be permitted per lot.

A residential structure containing three or more attached single-family dwelling units. Each dwelling unit has a recorded lot in addition to a vested interest in common open space when required. The structure may be one or two stories in height. (See Subsection E of the definition of "dwelling" and "row house.")

Those materials which are capable of causing injury to living organisms by chemical means when presented in large or relatively small amounts.

See "lot."

Any individual residing or stopping in the City for less than 30 days at any one time. A maximum of two transients or lodgers shall be included as a part of the family in a one or two-family dwelling. (See "family" and "rooming house.")

See § 154-10.

See "farm."

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. (See Article XVIII.)

See § 300-89.

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.[47]

See "driveway opening."[48]

Any vehicle, which by routine inspection can be determined to be seriously or permanently disabled, abandoned or in process of being dismantled, shall be considered to be not in running condition. The absence of a currently valid license or inspection sticker shall be deemed evidence that a vehicle is not in running condition. A vehicle not in running condition for more than 60 days is not considered to be an accessory use.

See "scrap yard" and § 300-78.

A permanent or intermittent stream, river, spring, brook, creek or a channel or ditch for water whether natural or man-made.

See § 300-89.

A graded pad designed and constructed for the drilling of one or more oil and gas wells.

A required open space on a lot, other than a court, unoccupied and unobstructed from the ground to the sky, except as otherwise provided and not including any portion of a street or alley. (See Illustration Nos. 5, 6 and 7.[49])

A map indicating the zoning districts of the City together with all amendments thereto subsequently adopted.

The Zoning Officer or his authorized representatives, appointed by Council.

Ordinance 3-1985, passed October 7, 1985, as amended.