[Added by Ord. No. 605-25-02, 4/9/2025]
As used in this chapter, the following words shall have the meanings indicated:
ACCESSORY STRUCTUREA subordinate structure located on the same lot as the main structure or a portion of the main structure, the use of which is clearly incidental to and customarily found in connection with the main structure or principal use of the land.
ACCESSORY USEA subordinate use located on the same lot as the main structure or use, which is clearly incidental and related to that of a main structure or main use of land.
AGRICULTUREAny use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture or animal or poultry husbandry; together with structures accessory to such agricultural use including, but not limited to, barns, stables, corn cribs, silos and any other use or structure that is clearly incidental and related to an agricultural operation.
ANIMAL DAYCAREAn establishment where domestic animals, including more than four dogs or more than six cats who are six months or older are kept at any one time, whether for profit or not, within a completely enclosed building for periods of time less than 24 hours such that no animal is boarded overnight, for the purposes of providing observation and/or grooming of the animals during daytime hours when their owners are not able to do so.
ANIMAL SHELTERA facility where stray, lost, abandoned or surrendered animals, mostly dogs and cats, and sometimes sick or wounded wildlife are kept and rehabilitated.
APARTMENTA dwelling unit in a multiple-family residential structure containing three or more dwelling units with a common entrance for lease to or occupancy by tenants. This does not include duplex, triplex or quadplex units.
APPLICANTA landowner or holder of an agreement to purchase land, lessee or other person having a proprietary interest in land or the heir, successor or assign of such person, who has filed an application for the use, improvement or development of any parcel or structure or for the division of land or land development under the terms of this chapter.
APPLICATIONAn application, either preliminary or final, required to be filed and approved prior to the use, involvement or development of any parcel or structure or the start of land development or subdivision and which is complete in all respects as required by this chapter.
ASSISTED LIVING/PERSONAL CARE FACILITYA home or residential facility for people needing assistance with activities of daily living but wishing to live as independently as possible for as long as possible. Assisted living facilities are characterized by the offering of help or assistance with activities of daily living such as eating, bathing, dressing, laundry, housekeeping and assistance with medications.
BANKA commercial bank, savings and loan company, credit union or other closely related business.
BANQUET ROOMA room for the purpose of hosting a party, banquet, reception or other social event, operated within the buildings of clubs and fraternal organizations or within a restaurant.
BASEMENTA portion of a building located partly underground, but having 1/2 or less of its clear floor-to-floor ceiling height below the average grade of the adjoining ground. A basement shall not be counted as a story as 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 the cellar.
BASIC GRADEA reference plane representing the average of the finished ground level adjoining a structure at all its exterior walls.
BED-AND-BREAKFASTA single-family dwelling occupied by the owner, in which rooms and breakfast are provided as part of an agreed upon fee.
BOARDING HOUSEAn owner-occupied dwelling or other structure whose rooms are used as temporary living quarters by transient individuals on a daily, weekly or monthly basis, with or without consideration.
BOROUGHThe Borough of Manor, Westmoreland County, Pennsylvania.
BUILDABLE AREAThat portion of a zoning lot bounded by the required front, side and rear yards.
CEMETERYLand used or intended to be used solely for the interment of human and/or animal remains and dedicated for cemetery purposes, including mausoleums when operated in conjunction with and within the boundary of such cemetery. A cemetery does not include an area of property dedicated to the burial of family members, where members of the deceased's immediate family (i.e., father, mother, sister, brother or spouse) continue to own and reside on the property.
CHILDCARE CENTER/FACILITYAny place, home or institution which cares for children under the age of 16 years old apart from their parents, guardians or custodians for regular periods of time for compensation; provided, however, that the term "childcare center" shall not include bona fide schools or churches and other religious or public institutions caring for children within an institutional building or apply to a custodial relationship fixed by a Court.
CHURCHA building whose principal use is for public worship by any denomination of faith.
CLEAN FILLAn act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, including the material being deposited and the condition resulting from such act. This shall not include scrap from commercial or industrial operators, used building materials or vehicles not in running condition.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
CLUBAn establishment operated for social, recreational or educational purposes but open only to members and not the general public.
COLLEGE OR UNIVERSITYA school or other institution providing post-secondary undergraduate education or post-graduate education, offering associates, bachelor's, master's or doctoral degrees. Technical schools offering supplemental instruction to high school students, junior and community colleges, or any branch campus thereof, may also be considered a college for purposes of this chapter depending on their size and the intensity of their use.
COMMON OPEN SPACEAn unimproved parcel of land integral to a planned residential development and subject to provisions which assure the continued availability and maintenance of such open space for the use and benefit of the residents of the planned development.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission ("FCC") to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure, other than a building, such as a monopole, self-supporting tower or guyed tower, designed and used to support communications antennas.
COMPLETELY DRY SPACEA space or area within a structure designed and constructed to prevent the passage of water and water vapor which will remain totally dry during flooding.
CONDITIONAL USEA use permitted in a certain district, subject to conditions which require approval by Manor Borough Council under terms and procedures prescribed herein.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
CONTRACTOR'S STORAGE YARDAn unenclosed portion of the lot or parcel upon which a construction contractor maintains its principal office, or a permanent business office used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor.
CONVENIENCE STOREA small store or shop that sells items such as candy, ice cream, soft drinks, lottery tickets, newspapers and magazines, along with a selection of processed food and/or groceries, toiletries and other common items used in the household. Such a store may also offer money orders, wire transfer services and serve hot food or sandwiches for consumption off the premises.
CONVENIENCE STORE WITH GAS FUELING ISLANDSA "convenience store" as defined herein with fueling islands or pumps for the sale and distribution of gasoline for automobiles, light trucks and other two-axel vehicles directly to the public. In addition to offering those products and services provided in convenience stores, convenience stores with gas fueling islands may also sell motor oil, windshield washer fluid, radiator fluid, other related automobile supplies or products, and maps.
COUNCILThe elected members of the Council of the Borough of Manor, Westmoreland County, Pennsylvania.
COUNTYWestmoreland County, Pennsylvania.
DAYCARE CENTERAny place, home or institution which cares for preschool children apart from their parents, guardians or custodians for regular periods of time for compensation; provided, however, that the term "daycare center" shall not include bona fide schools or churches and other religious or public institutions caring for children within an institutional building or apply to a custodial relationship fixed by the Court.
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 ("DOH") of the Commonwealth to dispense medical marijuana.
DISTRICTA zoning district in which the use and development of property is defined and/or regulated by this chapter.
DOMESTIC PETSAnimals or birds customarily found in a dwelling and kept for company or pleasure including, but not limited to, dogs and cats, provided there is not a sufficient number to constitute a kennel as defined herein; hamsters, gerbils, parakeets, canaries and similar small animals or birds, excluding any exotic animals, including, but not limited to, lions, tigers, bears, ocelots, large or poisonous snakes, alligators, monkeys or other animals normally found in a zoo; nor any horses, pigs, chickens or other fowl or livestock customarily found on a farm.
DRIVE-THROUGHA structure or portion of a building provided by a business that allows customers to purchase products or obtain services associated with such business without leaving their cars.
DRUG, ALCOHOL and/or MENTAL HEALTH REHABILITATION FACILITYA facility, or any portion thereof, designed and operated to provide in-patient or outpatient treatment and/or counseling for persons suffering from drug addiction, alcohol addiction and/or mental health issues, whether such issues are related or unrelated to drug or alcohol addictions.
DUPLEXA building designed or arranged to be occupied by two separate families, containing two separate living units separated by a common party wall, each of which is designed to be occupied as a separate, permanent residence.
DWELLING UNITA structure of area within a structure containing one or more living or sleeping rooms with cooking and bathroom facilities for one person or one family.
EASEMENTA grant by the owner of land for the use by others to cross or otherwise use grantor's land for a specified purpose.
ELEMENTARY OR SECONDARY SCHOOLA building or other facility providing educational services for students in accordance with the PA School Code, as amended.
ELEVATIONThe vertical distance above mean, sea level elevation.
ENGINEERA professional engineer who is licensed by the Commonwealth of Pennsylvania.
ENTERTAINMENT FACILITYA theater, stadium, arena, amphitheater or related facility for the presentation of musical, theatrical or sporting events where the number of spectators normally is greater than the number of players and/or participants and where such use is not accessory to a school or church.
EQUIPMENT REPAIR FACILITY (MAJOR)A place where heavy equipment and/or machinery is received for repair or service. Such a facility may also be used for the storage of materials or parts used for the repair or service of such equipment.
EQUIPMENT REPAIR FACILITY (MINOR)A business establishment that repairs consumer electronics, appliances and tools that can be carried into the establishment by the customer, where all repairs are conducted inside the establishment and remain indoors. Equipment repaired at this type of establishment includes personal computers, cameras, small appliances, televisions, power tools, lawn mowers and similar devices.
ESSENTIAL SERVICESFacilities of a public utility, municipal or other governmental agencies including, but not limited to, underground or overhead gas, electrical, steam, water or sewage transmission, distribution or collection systems, communication, supply or disposal systems, and such essential buildings and facilities required for the erection, construction, alteration, maintenance and operation of same. For purposes of this chapter communication towers or antennas defined herein shall not be deemed to be "essential services." Further essential service buildings or structures shall be in each zoning district; however, subject to the regulations set forth in Part
7.
EXCAVATIONAny act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
EXOTIC ANIMALSMembers of the family Felidae, except those species commonly called "house cats," and members of the family Canidae, except those commonly called "dogs," and those licenses by the Pennsylvania Department of Agriculture. Exotic animals shall also include all non-native animals, except small animals and birds customarily kept as house pets.
FAMILYOne or more persons occupying a dwelling unit, related by blood, marriage or adoption, living together as a single housekeeping unit and using cooking facilities and certain rooms in common; as distinguished from a group occupying a boardinghouse, lodging house, bed-and-breakfast, short-term rental, club, fraternity, motel or hotel.
FAMILY DAYCAREThe accessory use of a single-family dwelling for the care of up to six children conducted as a home occupation pursuant to the terms of this chapter.
FARMA business that engages in the production and preparation for market of crops, livestock or livestock products, or in the production and harvesting of agricultural, floricultural, arboricultural, agronomic, horticultural, silvicultural or aquacultural crops or commodities or animal or poultry husbandry.
FENCEA barrier, structure, or enclosure constructed of wood, metal masonry, vinyl, wire, or other materials, erected to delineate boundaries, provide privacy, control access, contain or exclude animals, or enhance security or aesthetics. Fence may include walls, hedges, or similar enclosures when specified, and must comply with height, material, and placement regulations established by applicable local ordinances.
FLOOR AREA RATIOThe ratio obtained when the gross floor area, minus unoccupied basement area, is divided by the total lot area.
FLOOR AREA, COMMERCIAL ESTABLISHMENTSThe sum of the horizontal areas of all space to which the customers and employees have access, including storage, office or other preparation or administrative spaces. "Gross floor area" is the sum of the horizontal area (square footage) of all floors of a structure as measured between the exterior faces of walls, including any accessory buildings as measured between the exterior faces of walls.
FLOOR AREA, DWELLINGSThe sum of the horizontal areas of all rooms used for habitation, not including cellars, attics, unheated rooms or rooms without the benefit of natural light supplied by either a skylight or window. "Gross floor area" is the sum of the horizontal area (square footage) of all floors of a structure as measured between the exterior faces of walls, including any accessory buildings as measured between the exterior faces of walls.
FORESTRYThe art and science of managing forests, tree plantations and related natural resources. Silviculture, a related science, involving the growing and tending of trees and forests shall be considered "forestry" for purposes of this chapter. Any use which principally concerns itself with: assisting forests to provide timber as raw material for wood products; wildlife habitat; natural water quality management; recreation; landscape and community protection; employment; aesthetically appealing landscapes; biodiversity management; watershed management; erosion control; and a "sink" for atmospheric carbon dioxide shall also be considered "forestry" for purposes of this chapter. All forestry operations shall comply with the rules and regulations set forth in the Stormwater Management Ordinance, as amended.
FORM OF MEDICAL MARIJUANAThe characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
FRONTAGEThe distance between the points of intersection of the side and front lot lines. On a corner lot, frontage is the distance between the corner of the property abutting the intersection of rights-of-way and the intersection of the side lot line and the front property line. On lots arranged around a cul-de-sac where the radius of a curvature of the street is less than 150 feet, frontage shall be deemed to be the same as "mean lot width."
FUNERAL HOME (MORTUARY)A business that provides burial, viewing and funeral services for the deceased and their families. This use may include rooms for a prepared wake, a chapel for the funeral and an office or place for carrying on the profession of funeral directing, but not cremation.
GARAGE, PRIVATEAn accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the dwelling to which it is necessary.
GARAGE, PUBLIC PARKINGA building or structure designed for and/or used by the public for the parking of motor vehicles.
GARAGE, REPAIRA building or portion thereof, other than a private or storage garage, designed and/or used for equipping, servicing, repairing or storing motor-driven vehicles owned by persons other than the owner of the property upon which the work is performed.
GARDEN APARTMENTA multiple-family residential structure containing three or more dwelling units, having a height no greater than three stories and accessed through a common entrance.
GARDEN CENTERA retail operation that grows, cultivates and/or sells plants and products related to gardens as its primary business, with facilities to care for and display plants.
GREENHOUSEA retail business whose principal activity is the selling of plants grown on the site, having outside storage, growing and display areas.
GROUP HOMENot more than four persons: (a) unrelated by blood, marriage or adoption, (b) occupying or acting as occupants of a dwelling unit and living together as a single housekeeping unit, (c) using cooking facilities and certain rooms in common, (d) being sufficiently stable and permanent so as not to be fairly characterized as purely transient, and (e) who suffer from a mental or physical impairment which substantially limits one or more of such person's major life activities under the "Fair Housing Act". For purposes of this definition, an "occupant" shall also mean a person, or persons, employed either by an occupant, owner or landlord, individually or through a service, corporation, firm or other third-party business entity, to provide services to another occupant on a 24-hour-per-day basis, either as a full-time occupant or through rotating shifts.
HALF-WAY HOUSEA dwelling facility providing temporary living accommodation for not more than six persons subject to and involved in a rehabilitation program conducted on site.
HAZARDA danger or potential danger to life, limb or health, or a condition to having an adverse effect or potential adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers, including stream pollution or other condition which poses a threat to the public health, safety or welfare.
HAZARDOUS MATERIALAny material that, because of its quantity, concentration, physical or chemical characteristics, may pose a real hazard to human health and/or the environment. Hazardous materials include, but are not limited to, the following categories: explosives, compressed gases, flammable liquids, flammable solids, oxidizers and organic peroxides, toxic materials, radioactive materials, corrosives and/or any material listed with the Hazardous Material Information System ("HMIS").
HAZARDOUS WASTEA. Any garbage, refuse, sludge from an industrial or other wastewater treatment plant; sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, or from community activities, or any combination of the above which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored or transported, disposed of or otherwise managed.
B. The term "hazardous waste" shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), 52 P.S. § 30.51 et seq., known as the "Coal Refuse Disposal Control Act," and shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to the Clean Streams Law (P.L. 1987, No. 394), 35 P.S. § 691.1 et seq., and shall not include solid or dissolved material in domestic sewage or solid or dissolved material in irrigation return flows or industrial discharges, which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), 33 U.S.C. § 1342; and shall not include source, special nuclear or by-product material as defined by the United States Atomic Energy Act of 1954, as amended (68 Stat. 923).
HEIGHTThe vertical distance from the basic grade at the front wall of a structure to the highest point of:
A. The coping or parapet of a flat roof; or
B. To the deck-line of a mansard roof; or
C. To the highest point of the ridge of a gable, hip, gambrel or other similar roof.
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
HELIPADA designated permanent area for the landing of helicopters, which shall not include refueling or basing of helicopters, nor the maintenance and repair of helicopters other than emergency repairs.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
HOME IMPROVEMENT STOREA retail location which stocks, sells and supplies lumber, wood and other building products and/or materials used for construction and/or home improvement projects.
HOOKAHA substance typically smoked through a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as "narghile," "argileh," "shisha," "hubble-bubble," and "goza," or any other similar substance.
HOOKAH BAR/LOUNGEAny establishment that is devoted to, marketed as or designed for, whether as its primary use or accessory use, the on-premises use of smoking hookah. Ther "hookah bar" includes, but is not limited to, establishments variously known as "hookah parlors," "hookah cafes," and "hookah lounges." On-premises cigar smoking is not included in this term.
HOSPITALAn institution for health care providing patient treatment by specialized staff and equipment, which often but not always provides longer term patient stays.
HOTELA facility offering transient lodging accommodation to the general public that are accessed from a doorway internal to the building and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.
JUNKYARDA building, structure or property, or area within a building, structure or property, used for the dismantling, wrecking or storage of used motor vehicles, trucks, trailers, farm equipment, manufactured homes or other machinery or material or the salvaging, storage, sale or dumping of dismantled or partially dismantled, obsolete or wrecked machinery or their parts.
KENNELA building or structure, cage or pen used for the purpose of breeding, boarding or selling or raising animals as a hobby, or for private, commercial or professional business.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 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
(2) The division or allocation of land or space, whether proposed 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.
LANDSCAPING BUSINESSA business engaged in an activity that modifies the visible features of an area of land including, but not limited to: (a) living elements, such as flora or fauna; (b) natural elements, such as landforms, terrain shape and elevation, or bodies of water; (c) human elements such as structures, buildings, fences or other material objects created and/or installed by humans; and (d) abstract elements such as the weather and lighting conditions. A landscaping business may include an office, the storage of materials and equipment used in the operation of such a business and the direct sale of landscaping materials such as mulch, stone, gravel or other similar products directly to the public.
LEGALLY ENCROACHING STRUCTUREA building or structure which was lawfully in existence prior to the adoption of the presently existing or any preceding zoning ordinance or amendments thereto which does not comply with the regulations of this chapter with respect to required yards, height or building coverage requirements (See "NONCONFORMING STRUCTURE").
LIBRARYA collection of books, sources, resources and services, and the structure in which it is housed, organized for use and maintained by a public body, an institution or a private entity.
LIGHT MANUFACTURINGThe processing, fabrication and assembly of certain materials and products where no process involved will: (a) produce noise, vibration, air pollution, fire hazard or noxious emissions which can be detected or measured off site; or (b) will disturb or endanger neighboring properties. "Light manufacturing" may include the production and/or assembly of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, food products and pharmaceutical goods.
LOADING SPACEAn off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT AREAThe total area within the boundary lines of a lot, not including any part of a public street or width of the easement or right-of-way for same.
LOT DEPTHA mean horizontal distance between the front and rear lot lines, measured midway between the side lot lines.
LOT OF RECORDAny lot which individually or as part of a subdivision has been recorded in the Office of the Recorder of Deeds of Westmoreland County and is identified as a separate and distinct parcel of land.
LOT, BUILDINGA parcel of land occupied or capable of being occupied by one or more structures.
LOT, WIDTH OFThe distance between the side lot lines measured at the public right-of-way line or along the front building line of the lot on a cul-de-sac, as determined by the prescribed front yard requirements.
MANUFACTURED HOMEA structure, transportable in one or more sections, built on a permanent chassis and designed to be occupied as a dwelling when connected to the required utilities; such structure bearing a label as required by and referenced in the Manufactured Housing Act (35 P.S. § 1656.1 et seq.), certifying that it conforms to federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.). The term does not include park trailers, travel trailers, recreational or similar vehicles.
MANUFACTURED HOME PARKA parcel of ground under single ownership, which has been planned and approved for the placement of manufactured homes for non-transient use consistent with the regulations set forth by the Borough for same.
MANUFACTURINGThe processing and fabrication of any article, substance or commodity other than light manufacturing as hereinabove defined.
MEDICAL CLINICAny establishment where human patients are not hospitalized overnight but are examined and treated by doctors or others who are duly licensed with the Commonwealth of Pennsylvania to administer medical treatment.
MEDICAL MARIJUANAMarijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16 of 2016, as amended.
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporations, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana; the term includes the facility from which medical marijuana is dispensed.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporations, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to grow and process medical marijuana.
MEDICAL MARIJUANA REGISTRYThe registry established by the Pennsylvania Department of Health for all medical marijuana organizations and practitioners.
MICRO-BREWERY/MICRO-DISTILLERYA business establishment where beer, ale, spirits, etc. are brewed, typically in conjunction with a bar, tavern, or restaurant use. The maximum production capacity shall not exceed 20,000 gallons per year.
MINI-STORAGEA series of individual storage facilities, either in a permanent or transportable structure, or a building or group of buildings containing a series of indoor individual units, on a property in single ownership, where such facilities are leased or rented to more than one person, corporation or firm, designed and/or used for storage of equipment, materials, furniture or other personal belongings. A trailer, truck bed, motor home or other similar device or facility shall not be considered a "storage facility" under this definition.
MIXED USE BUILDINGA building in which a variety of types of authorized commercial and/or residential uses occur within a single building.
MOBILE FOOD VENDORAny business or person which sells edible goods from a nonpermanent location within Manor Borough. This term includes, but is not limited to:
A. MOBILE FOOD TRUCKA self-contained motorized unit selling items defined as edible goods and/or any motor vehicle used to sell items defined as edible goods.
B. CONCESSIONS CARTA mobile vending unit that must be moved by non-motorized means and/or any type of wagon, trailer, cart, sled or other equipment that must be moved by non-motorized means (pulled or pushed).
C. CONCESSION TRAILERA vending unit which is pulled by either a motorized unit or any other device, animal or human, and has no power to move on its own.
MODULAR HOMEA framed structure designed for occupancy as a single-family dwelling whose primary components (i.e., walks, floors, ceilings and/or roof) are manufactured separately off site and assembled on site.
MOTELA structure or structures designed or utilized as temporary lodging for individuals, including auto courts, motor hotels, motor lodges, tourist courts and the like, containing at least two sleeping room units, having not more than two stories, where rooms are accessible directly from the outside.
MULTIFAMILY DWELLINGTwo or more dwelling units, including townhouses, duplexes, patio homes, triplexes and quadplexes, joined together by one or more common walls; this excludes apartments containing two or more dwelling units for lease or occupancy by tenants.
NATURAL RESOURCES RECOVERYAny surface mining, subsurface mining, oil and/or gas well drilling, logging or other extraction of minerals or other natural resources including, but not limited to, the removal of topsoil, shale or other similar materials for transportation off the premises, or other activity considered by the Pennsylvania Department of Environmental Protection or Municipalities Planning Code as natural resources recovery.
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 and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pick-up, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
NONCONFORMING LOTA lot whose width, area or other dimension does not conform to the regulations of this chapter, and which lawfully existed at the time the regulations with which it does not conform became effective.
NONCONFORMING STRUCTUREAny structure or part of a structure legally existing at the time of enactment of a preceding zoning ordinance or this chapter or any of its amendments, which does not conform to the provisions of this chapter.
NONCONFORMING USEAny use of land, or use of a structure, or use of land or structures in combination, lawfully existing at the time the original zoning ordinance of Manor Borough was adopted (September 25, 1991), which does not conform to the provisions of this chapter. Any use existing or permitted to be constructed as a result of the grant of a use variance, dimensional variance, conditional use, or special exception may continue to exist subject to the terms and conditions of its grant, if any, but shall not be considered as a nonconforming use for purposes of change, expansion or enlargement under this chapter.
NURSERYThe growing, storage and sale of garden plants, trees, shrubs and/or vines, conducted on a site of not less than 10 acres, for resale, including minor incidental retail sales, conducted on site.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of the water might carry the same downstream to the damage of life and/or property.
OFF SITEThe conduct of a business or use which is not on site.
OFFICEA room or suite of rooms, or a portion of a building in which a person transacts the affairs of a business, profession, service, industry or government, which does not involve the accessory sale of goods from the premises.
ON SITEThe premises where a residential, business, industrial or other use is actually conducted.
OUTDOOR ENTERTAINMENT FACILITIESAn outdoor stage, deck, or other designated area designed and intended for seasonal use by bands, disc jockeys, singers or other forms of entertainment which is not used as a part of the operations of a restaurant, bar, nightclub or other similar commercial enterprise. An outdoor stage, deck or other designated area designed and intended for seasonal use by bands, disc jockeys, singers or other forms of entertainment used or constructed as a part of the operations of a restaurant, bar, nightclub or other commercial enterprise, shall be considered an extension of such operations and not as an accessory structure.
PENAL INSTITUTIONA prison, jail, penitentiary or correctional facility in which people are physically confined or interred and usually deprived of a range of personal freedoms as punishment for the commission of a crime.
PERMITA document issued by a designated official of the Borough associated with the use or development of land, or a structure or change in use of a structure or parcel of land, or a change of occupancy of a structure, certifying that all conditions necessary for the issuance of the permit have been met, and that the structure and land may be used for the purposes set forth in this chapter.
PERSONA person, partnership, corporation, trust, firm organization or association.
PERSONAL SERVICESA commercial establishment providing such personal services as hair dressing and cutting, manicures, pedicures, facials, clothes cleaning, laundering, shoe repair, tailoring and similar services.
PLANNED GROUP UNITAt least three acres of land, controlled by one landowner, to be developed as a single entity for more than one principal structure and built in accordance with a site development plan, which may provide for industrial and commercial uses, recreation and open space, subject to review and approval in accordance with provisions of this chapter and the Manor Borough Subdivision and Land Development Ordinance.
PLANNED RESIDENTIAL DEVELOPMENTAt least 25 acres of land controlled by a single landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of buildings, density, lot coverage and required open space to the regulations established for any one residential district by this chapter.
PLANNING COMMISSIONThe Planning Commission of the Borough of Manor, Westmoreland County, Pennsylvania.
POWER GENERATION STATIONA site or structure housing equipment needed for the generation, processing or distribution of power by a public utility.
PRINCIPAL STRUCTUREThe structure on a property in which the primary use of the property is conducted.
PUBLIC UTILITY TRANSMISSION TOWERA structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
QUADPLEXA multifamily dwelling containing four separate dwelling units, each for the exclusive use of one family, where each unit has a separate entrance and is attached to another along two common walls in a cross-like fashion.
RECREATIONThe expenditure of time in an active manner designed for therapeutic refreshment of one's body or mind or as an activity designed as a diversion from sedentary activities.
RECREATION, INDOOR COMMERCIALA building or other enclosed structure whose principal function is to provide active recreation to patrons for a fee. Indoor commercial recreation shall include, but not be limited to, uses such as bowling alleys, paintball courses, pool halls, arcades, batting cages, health and fitness clubs or other similar facilities.
RECREATION, INDOOR PUBLICA building or other enclosed structure whose principal function is to provide active recreation to members of the general public on a larger scale. Indoor public recreation shall include, but not be limited to, uses such as gymnasiums, public sports training buildings, swimming pools or other similar facilities owned or operated by a federal, state or municipal governmental entity or a Municipal Authority organized for that purpose.
RECREATION, OUTDOOR COMMERCIALA facility providing for the conduct of recreational activity, in the open air, for a fee, regardless of whether such fee is paid in the form of a charge per use or as a membership. Outdoor commercial recreation shall include, but not be limited to, uses such as golf courses, mini golf, driving ranges, racing tracks where patrons operate vehicles, outdoor paintball ranges, outdoor batting cages or other similar facilities.
RECREATION, OUTDOOR PUBLICAn outdoor recreational facility used for the benefit of the public. Outdoor public recreation shall include, but not be limited to, uses such as parks, playgrounds, basketball and tennis courts, baseball, soccer or football fields, horseback riding, hiking or non-motorized biking trails, outdoor swimming pools or other similar facilities owned or operated by a federal, state or municipal governmental entity or a Municipal Authority organized for that purpose.
RESEARCH LABORATORYA facility for applied research conducted within an enclosed structure where no goods are produced in quantity.
RESIDENTAn occupant of a residential dwelling or a family member residing in the dwelling.
RESTAURANTA public eating place offering sit-down counter and/or table service and custom-prepared foods for on premises consumption where alcohol sales are, or may be, only incidental or accessory to the principal use of food preparation and consumption.
RESTAURANT, FAST FOODA restaurant or eatery characterized by a limited menu of prepared or premeasured food items, where such food items are ordered by the customer at a counter or window, or from a vehicle, rather than from a table, and designed to facilitate quick service and takeout orders.
RETAIL SALES ESTABLISHMENTA commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
SCREENINGA fence, evergreen hedge or wall at least six feet high measured from ground level and constructed or installed in such a way that it will block a line of sight. The screening may consist either of one or several rows of bushes or trees, or of a constructed fence or wall.
SEATA fixed seat in a theater, auditorium or meeting room, or 24 linear inches of an installed bench or pew or, in the absence of these, six square feet of floor space in the seating area.
SERVICE SHOPSA shop providing business services and/or personal services as herein defined.
SHOPPING CENTERA group of commercial structures planned, developed, owned and managed as a unit, related in its location, size and type of shops to the trade area that the unit serves.
SHORT-TERM RENTALA dwelling unit, whether or not occupied by the owner, designed principally for single-family occupancy, where all or portions of the same are leased out to and/or used as temporary living quarters by transient individuals on a daily, weekly or monthly basis, with or without consideration.
SIGNAny surface or structure exposed to public view and intended, used or designed to identify advertise or promote any product, person, business, institution, organization, or place with written, graphic or sculptured matter as more specifically and particularly defined in Part
9.
SINGLE HOUSEKEEPING UNITA person or persons residing in the home in such a manner as to function as a family, being sufficiently stable and permanent and not purely transient.
SINGLE-FAMILY DWELLINGA detached building having accommodation for, and occupied by, not more than one family.
SITEThe premises where a residential, business, industrial or other use is physically located and in operation.
SOCIAL CLUBA chartered, nonprofit organization for the advancement of education, fraternal, cultural or civic pursuits and activities within the community. A "social club" set forth herein does not include an adult or sexually oriented business as defined hereinafter.
SPECIAL EXCEPTIONA use authorized in a particular zoning district by approval of the Zoning Hearing Board, in compliance with all ordinance provisions and subject to other conditions imposed by the Board.
SPECIAL PERMITA special approval required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions, and substantial improvements to such existing parks, when such developments are located, in whole or in part, within a designated portion of a floodplain.
STORYThat portion of a building between the upper surface of a floor and the upper surface of the floor or roof next above.
STREAMAny river, run, creek or other drainage course draining surface water, in which standing or flowing water is clearly visible throughout most of the year, and as further defined by the Pennsylvania Department of conservation and Natural Resources.
STREETA right-of-way intended primarily for vehicular traffic and usually providing for utilities and pedestrian travel. A "street" may be designated by other appropriate names such as "highway," "thoroughfare," "boulevard," "parkway," "road," "avenue," "drive," "lane" or "place."
STRUCTUREA. Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land including, but not limited to, an addition to buildings, billboards, carports, porches, children's play equipment, above or below ground swimming pools of any kind, and other building features, but not including sidewalks, drives, fences and patios.
B. Anything built, constructed or erected which requires location on the ground or attachment to something located on the ground.
SUBDIVISIONThe division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other division 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 land development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvement of the structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
SUPPLY YARDA commercial establishment, storing or offering for sale, building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods, but not including the wrecking, salvaging, dismantling or storage of junked automobiles and similar vehicles.
SWIMMING POOLA structure containing water of any depth or size, either above ground or wholly or partially sunk beneath adjacent ground level, installed or located on either a permanent or temporary basis, and used for swimming.
TAVERN (BAR)An establishment primarily used for the serving of alcoholic beverages by the drink to the general public, and where some food or packaged alcoholic beverages are or may be served or sold incidental or accessory to the primary use for the service of alcoholic beverages.
TENANTShall mean any person or entity who shall inhabit, occupy or possess any premises owned or controlled by a landlord under a lease.
TERMINALAny premises used for the housing, storing or parking of motor-driven buses, trucks, trailers and/or similar vehicles.
TERMINAL (FREIGHT)Any premises used by a motor freight company or other carrier of goods, which is the origin or destination point of goods being transported for the purpose of storing, transferring, loading and unloading good for subsequent transportation to their ultimate location.
THEATRE, INDOORA movie theatre, picture theatre or cinema used principally as a commercial venue for viewing motion pictures, movies or films by the general public through the purchase of a ticket.
TOWNHOUSEA multifamily dwelling which contains at least three dwelling units, having not less than two nor more than three stories each, designed for the exclusive use by one family, where each unit has a separate entrance and is attached to another by continuous vertical walls, without opening, from basement to roof.
TRIPLEXA multifamily dwelling having a single story and containing three separate dwelling units, each for the exclusive use by one family, where each unit has a separate entrance and is attached to another through a common floor or ceiling.
TWO-FAMILY DWELLING (DUPLEX)A dwelling which contains two dwelling units, each for the exclusive use by one family, where each unit has a separate entrance and is attached to another by continuous vertical walls without opening from basement to roof.
USEThe purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.
UTILITY SUBSTATIONA structure housing equipment needed for the processing or distribution of service by a public utility, but not including offices or the overnight storage of maintenance vehicles.
VARIANCEAn authorization to vary from the terms or requirements of this chapter, which may be granted by the Zoning Hearing Board in accordance with laws of Pennsylvania and this chapter.
VEHICLE/AUTOMOBILE SALESThe sale or leasing of new or used automobiles, manufactured homes, trucks, recreational vehicles or farm equipment, which may also include the servicing and maintenance of such vehicles when conducted within a fully enclosed structure.
VEHICULAR WASHA building or property used to wash cars, trucks, boats, travel trailers or other vehicles operated or transported on public highways.
VERTERINARY HOSPITALAn establishment where animals are examined and treated by veterinarians, and which may include kennels for temporary boarding of animals during treatment.
VETERINARY CLINICA facility where animals are treated by a licensed veterinarian but are not boarded except for treatment purposes.
VETERINARY OFFICEThe office of a veterinarian where animals are given medical or surgical treatment. Use as a kennel is prohibited, except that animals undergoing medical or surgical treatment may be housed if kept inside; use of the facility for boarding is prohibited.
VOCATIONAL SCHOOLA commercial college, or related education or training facility, providing courses in business or technical fields conducted entirely within an enclosed facility, and where no supplies, materials or other training aids are stored or located outside.
WAREHOUSEA building or property used for the storage of materials, equipment or other products for sale or distribution off site.
YARDAn open space on a lot, other than a court, unoccupied and unobstructed from the ground to the sky, not occupied by a structure or used for parking or storage, except as otherwise provided, and not including any portion of a public or private street, alley, road or the designated area of the right-of-way or easement of same.
YARD, FRONTA yard established by the front setback line, extending along the full length of the rear lot line between the side lot lines.
YARD, REARA yard established by the rear setback line extending along the full length of the rear lot line between the side lot lines.
YARD, SIDEA yard established by the side setback lines extending along the side lot lines from the front yard to the rear yard.
ZONING OFFICERThe person or persons appointed by the Council of the Borough of Manor, Westmoreland County, Pennsylvania, to enforce this chapter.