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Mckees Rocks City Zoning Code

ARTICLE II

Terminology

§ 675-6 Definitions.

Except where specified in the following definitions, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; and the word "shall" is intended to be mandatory; the word "abut" shall include the words "indirectly across from."
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to and located on the same lot as the principal use or building and serving a purpose customarily incidental to the use of the principal building.
ADJUNCT PARKING LOT
A private, surface parking lot located outside of the right-of-way used for the vehicular parking of residents, owners, customers, contractors, guests or employees of the owners or lessor of a permitted, adjacent use located within 400 feet of the adjunct parking lot free of charge or remuneration.
[Added 2-8-2022 by Ord. No. 1772]
ALLEY
A public or private way affording only secondary means of access to abutting property.
BOARD or ZONING HEARING BOARD
The Zoning Hearing Board of the Borough of McKees Rocks.
BUILDING
Any structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property.
BUILDING COVERAGE, MAXIMUM
The maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located (including covered porches, carports, and breezeways, but excluding open patios).
BUILDING HEIGHT
The vertical distance of a building measured from the average level of the highest and lowest portion of the building site covered by the building to the ceiling of the uppermost story.
BUILDING PRINCIPAL
A building in which is conducted the main or principal use of the lot on which it is situated.
COMMISSION or PLANNING COMMISSION
The Planning Commission of the Borough of McKees Rocks.
CONDITIONAL USE
A use identified by this chapter which, because of its unique characteristics, requires individual consideration by the Council before a zoning permit may be issued.
[Added 6-11-2024 by Ord. No. 1782]
COUNCIL
The Borough Council of the Borough of McKees Rocks.
DISTRICT or ZONE
A portion of the territory of the Borough within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DWELLING
Any building, vehicle, or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. The term "dwelling" shall not be deemed to include mobile home park, rooming house, tourist home, hotel, hospital or nursing home.
A. 
DWELLING, SINGLE-FAMILYA detached building at least 900 square feet in area, designed for or occupied exclusively by one family.
B. 
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual families or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
C. 
DWELLING, MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two 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.
D. 
DWELLING, MULTIFAMILYA building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. Such buildings shall consist of the following types:
(1) 
MEDIUM-DENSITY DWELLINGSA multifamily dwelling containing up to 12 dwelling units per structure and not exceeding three stories in height.
(2) 
HIGH-DENSITY DWELLINGSA multifamily dwelling containing over 12 dwelling units per structure.
(3) 
APARTMENTSA multifamily dwelling occupied as separate living quarters for more than two families with direct access from the outside or through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of each family.
(4) 
TOWNHOUSEROW HOUSES — A multifamily dwelling containing three to six dwelling units and not exceeding 2 1/2 stories in height, having a solid masonry fire wall between each unit and individual separate access from the outside to each unit.
(5) 
GARDEN APARTMENTSA multifamily dwelling containing six to 12 units and not exceeding three stories in height.
DWELLING UNIT
One or more rooms, including a kitchen (or kitchenette) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
ELECTRONIC NOTICE
Notice given by the Borough through the internet or other electronic methods of the time and place of a public hearing and of the particular nature of the matter to be considered at the hearing, pursuant to 53 P. S. § 10109.
[Added 6-11-2024 by Ord. No. 1782]
ESSENTIAL SERVICES
Essential services include the provision of gas, electrical, steam, communication, telephone, sewer, water, public safety and other similar services by a public utility, municipality or municipal authority. The facilities required to provide such services shall consist of:
[Amended 6-10-1997 by Ord. No. 1565A]
A. 
Limited facilities, including equipment, such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment which does not require enclosure within a building or which can be constructed within a public right-of-way.
B. 
Major facilities, including equipment which requires enclosure within a building or construction on its own site such as gas storage areas, substations, telephone exchanges and telephone booths.
FAMILY
Consists of one or more persons each related to the other by blood (or adoption), together with such blood relatives' respective spouses, who are living together in a single dwelling and maintaining a common household. A "family" includes any domestic servants and not more than one gratuitous guest residing with said family.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
GASOLINE STATION
A retail business selling gasoline and/or other motor vehicle fuels and related products and may include related uses such as a convenience store and food services, not to exceed a total gross floor area of 10,000 square feet, but shall not include the sale of vehicle fuels for tractor trailers.
[Added 7-10-2018 by Ord. No. 1751]
JUNK
Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used tires, used boxes or crates, used pipe or pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.
JUNKYARD
Consists of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking, and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
A. 
LOT, CORNERA lot situated at and abutting the intersection of two streets.
B. 
LOT, DEPTHThe mean horizontal distance between the front and the rear lot lines.
C. 
LOT LINESThe property lines bounding the lot.
(1) 
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
(2) 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
(3) 
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
(4) 
SIDE YARD OR CORNER LOTAny corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street. In any case, the minimum side yard shall be 10 feet.
D. 
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
E. 
LOT AREAThe computed area contained within the lot lines.
MAIL NOTICE
Notice given by the Borough of the time and place of a public hearing and of the particular nature of the matter to be considered at the hearing, pursuant to 53 P. S. § 10109, via first-class mail.
[Added 6-11-2024 by Ord. No. 1782]
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two 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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel of land at least five acres in size under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
NO-IMPACT HOME-BASED BUSINESS
A 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, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING LOT
Any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NURSING HOME
Any premises containing sleeping rooms used by persons who are lodged and furnished with meals and nursing care.
PARKING FACILITIES
Parking facilities shall consist of paved outdoor areas used for the storage of vehicles or of specially designed buildings or garages used for the same purposes. Private parking facilities shall be restricted to use by persons resident on the premises or residing in the immediate vicinity of such facility or by their guests. Public parking facilities shall be open to the public as an accommodation for customers, clients or visitors.
PATIO
An area or courtyard, designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure or for any fences, shrubs or hedges. Outdoor area enclosed by a permanent roof or awning shall be considered to be a structure.
PERMIT
A document issued by the Borough of McKees Rocks authorizing an applicant to undertake certain activities.
A. 
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough and authorizing an applicant to commence with construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this chapter.
B. 
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter and authorizing an applicant to proceed with said use, building or structure.
C. 
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
PERMITTED USE
Any use which is permitted by this chapter as a matter of right without approval as either a conditional use or special exception.
[Amended 6-11-2024 by Ord. No. 1782]
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a 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 dwelling, density, lot coverage and required open space to the regulations established in any one residential district created from time to time, under the provisions of this chapter.
PORCH
A roofed or unroofed structure projecting from the front, side, or rear wall of the building which shall have no wall more than 30 inches high and which shall be open on all sides except the side adjoining the building.
PROFESSIONAL OFFICE
Professional offices shall include the office of a physician, dentist, optometrist, minister, architect, landscape architect, city planner, engineer, insurance man, realtor, accountant, lawyer or author.
PUBLIC HEARING
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings) and held in a manner consistent with the Local Agency Law.
[Added 6-11-2024 by Ord. No. 1782]
PUBLIC NOTICE
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. Such notice shall comply with the Municipalities Planning Code.
[Amended 6-11-2024 by Ord. No. 1782]
ROOMING HOUSE
A building containing a single-dwelling unit and rooms for the rooming and/or boarding of three or more persons for compensation.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted or to a service offered upon the premises where such sign is located. Such business sign shall not include advertisement of products by brand name except where such brand name signifies the major product offered on the premises; such as new car dealerships or major appliance sales.
SIGN, GROSS SURFACE AREA OF
A sign shall be the entire area with a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. The gross surface area of signs having more than one surface visible to the public (double-faced or multiple-faced signs) shall be the sum total sign face area, whether or not such visible face contains descriptive data.
SIGN, TYPES OF
A. 
BILLBOARD (POSTER PANEL)A board, panel or tablet used for the display of printed or painted advertising matter. This type of sign is not permitted in residential or commercial districts.
B. 
GROUND SIGNA sign supported in or upon the ground surface.
C. 
POSTER PANELSee billboard.[1]
D. 
MURALSSigns containing graphic depictions of words, numbers, persons, places or things, that are painted on or permanently affixed to the exterior walls of a building or other permanent structure affixed to land and that do not contain any specific commercial or political message and are intended primarily for aesthetic purposes or as works of art. Business signs and advertising signs, and political signs are not murals.
[Added 3-8-2005 by Ord. No. 1652]
E. 
HIGH-RISE FUEL SIGNA pole sign limited to identifying the name of the tractor trailer fueling station and the price of fuel. The price of fuel may be displayed electronically.
[Added 7-10-2018 by Ord. No. 1751]
SPECIAL USE
A use identified by this chapter which, because of its unique characteristics, requires individual consideration by the Board before a zoning permit may be issued. Also referred to at times as a "special exception."
[Added 6-11-2024 by Ord. No. 1782]
TOWER
A structure that is not a building, the height of which is functional, for such purposes as antenna, pumping, communication, observation, or signaling. This term shall not apply to antenna used to receive or to transmit radio or television signals that are less than 15 feet in height and are attached to a building, nor shall it apply to parabolic antenna attached to a building.
[Added 6-10-1997 by Ord. No. 1565A]
TRACTOR TRAILER FUELING STATION
A retail business selling diesel fuel and/or other motor vehicle fuels for tractor trailers and may include related uses, such as a convenience store and food services, not to exceed a total gross floor area of 10,000 square feet.
[Added 7-10-2018 by Ord. No. 1751]
TRAVEL TRAILER
A vehicle, less than 30 feet in length and used for temporary living or sleeping purposes, and standing on wheels.
USABLE OPEN SPACE
A portion of a lot used for residential purposes, exclusive of required front and side yard areas, which is not covered by buildings or parking areas and is suitable for use as outdoor open space for the residents thereon.
VARIANCE
The Board's authorized departure to a minor degree from the text of this chapter in direct regard to a hardship peculiar to an individual lot in accordance with the procedures set forth in this chapter.
YARD
An open space, as may be required by this chapter, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
ZONING OFFICIAL
The administrative officer charged with the duty of enforcing the provisions of this chapter.
[1]
Editor's Note: Text from Page 2-9 of Ord. No. 1330, which immediately followed this subsection, was missing in original.