Millvale City Zoning Code

Any land use residential in nature other than defined by this chapter or the zoning ordinances of the Boroughs of Millvale and/or Sharpsburg.

A business establishment operated by a veterinary medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical treatment of domestic, agricultural or zoological animals.

A suite of rooms or a single room in a building containing three or more dwelling units, each with its own cooking, food storage, bathing and toilet facilities and with access directly or by a common hallway to the outside. An apartment building is three or less stories.

An establishment, in conjunction with or without a dwelling, designed for the preparation, instruction, display and/or sale of individually crafted work related to artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, literature or performance of fine arts, such as but not limited to drawing, vocal or instrumental music.

A business establishment used for the display or sale of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles and/or or boats. Such use may also include the servicing or repair of vehicles of the brand of vehicles sold at the establishment.

A facility where baked goods, candies and/or chocolate are prepared.

A business establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies such as banks, savings, loans, credit unions or check cashing establishments. Establishment may not offer a drive-through window.

A business establishment that occupies a single-family dwelling and, if applicable, associated accessory structures where limited overnight lodging and breakfast is provided for compensation to guests and where said use may or may not also host accommodations for private events such as weddings, parties, seminars and conferences.

A business establishment which provides on-site alcoholic beverage sales for drinking on the premises, where food is served, where live entertainment (not including adult entertainment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.

A facility that brews ales, beers, meads, and/or similar beverages on site.

The sum of the total horizontal areas of all the floors of a building(s) and any accessory building(s), excluding cellars, basement floor areas, and parking, but including the area of roofed porches and terraces. All dimensions shall be measured between the exterior faces of walls.

A place for short- or long-term storage, collection and/or distribution of heavy equipment, machinery or materials used in construction, farming or industrial operations.

A business establishment operated for social, recreational, educational or fraternal purposes, some serving alcoholic beverages where permitted, but open only to members and their guests.

A building where activity for the benefit of the general public occurs with meeting rooms and/or accessory fitness facilities.

An analysis in accordance with Institute of Transportation Engineers (ITE) standards that compares average daily and peak hour trip generation between existing land uses and the proposed land uses as part of a development or redevelopment within the plan.

Any premises, which is licensed by the Pennsylvania Department of Welfare as a "day-care facility," or equivalent term, where care is provided for seven or more children under 16 years of age or any number of adults, for less than 24 hours per day.

A residential dwelling in which care is provided for up to six children, under 16 years of age, including any child residing in the home, for less than 24 hours per day provided that such establishment is licensed by the Commonwealth of Pennsylvania and/or Allegheny County, as appropriate.

A constructed or altered segment of the riverbank or shore used for the purpose of enabling a recreational boat to be placed into the water from a trailer or other apparatus used to transport or store the boat.

Any service to citizens for injury or life-threatening events, including but not limited to ambulance, paramedic or fire and rescue services provided by a public or private agency. A building, structure and/or lot used for the maintenance, fueling, storage, dispatching or parking of vehicles and/or equipment utilized to provide private rescue or ambulatory services, fire and/or police services.

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission, disposal or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, 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, but not including buildings.

The management of forests and timber lands 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.

A building licensed by the Commonwealth of Pennsylvania that contains a suitable storage room for the deceased and may include embalming facilities and rooms for the display of burial ceremonies of the deceased, but excludes crematories.

A business establishment supplying gasoline and oil, tires, accessories and services for vehicles directly to the populace, including minor repairs and the sale of groceries, but not including such major repairs as spray painting, body, fender, axle, frame, major engine overhaul or recapping/retreading of tires.

A business establishment that sells produce, dry goods, meats, baked goods, dairy items, frozen foods and the like. This includes supermarkets, food stores, dairies, delicatessens, but does not include convenience stores.

The sum of all building floor areas proposed to be developed and/or redeveloped within the plan area.

The gross building floor area (GBFA) divided by the plan area.

Any establishment having a source of income or compensation derived from offering a service to the public involving health, healing or fitness-related activities and providing or offering to provide physiological or psychological healing or therapy. This includes but is not limited to a health club, massage establishment and public spa or public hot tub. This term shall not include any business or establishment operated for the practice of a profession which is licensed by the Commonwealth of Pennsylvania, such as physicians, dentists, nurses, podiatrists, chiropractors, physical therapists and similar occupations. Massage facilities shall constitute no more than 5% of the floor area of the building.

The residential portion of a building no less than four stories and which contains four or more dwelling units, each with its own cooking, food storage, bathing and toilet facilities and with access directly or by a common hallway to the outside.

A business administered or conducted 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 must satisfy the following requirements:

A business conducted within a dwelling whereas said business is not classified as a no-impact home-based business.

Building(s) used for the short-term care of patients suffering from physical or mental illnesses, but not including narcotics addiction or those found to be criminally insane, and which may or may not be publicly or privately operated.

A business establishment inclusive of a building or portion thereof designed or used for transient rental for sleeping purposes. All room access is through interior hallways or courtyards. No cooking facilities, other than a microwave or toaster oven, may be permitted in any sleeping room. Accessory shops, restaurants, swimming pool, fitness center, spa, services and conference centers catering to the general public can be provided where conference rooms and banquet halls are also be available for rent. Supervision is provided in shifts 24 hours a day by an on-site manager.

A combination of single-family and/or multifamily dwellings with accompanying secondary uses, inclusive of but not limited to common dining, group recreation, commerce, personal care services and/or other supportive services, for residents and their guests.

A business establishment for receiving, pickup and pressing of garments and where cleaning or drying operations are conducted.

The existing building or structure with the highest elevation within the overlay prior to the adoption of Ordinance No. 2830.

A public or semipublic facility for the use, but not sale, of literary, musical, artistic, or reference materials.

The processing and fabrication of certain materials and products where no process involved will produce noises, vibration, water pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production 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, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.

A business establishment for secure mooring of recreational boats, including facilities for storage and repair of boats and sale of boating supplies and fuel, for use by the owner or resident of the lot, and those other than the owner or resident of the lot, upon which the facility is located. A marina may include a restaurant and/or boat and motor sales store.

A building or structure where one or more licensed medical professionals provide diagnostic services, medical, dental, and/or psychiatric services and/or treatment diagnosis and treatment to the general public without overnight accommodation and may include uses such as reception areas, waiting areas, consultation rooms, X-ray and a dispensary, providing that all such uses shall have access only from the interior of the building or structure. The clinic generally operates on an appointment basis and does not take walk-in patients. It has relatively low pedestrian or customer traffic throughout the year. Any facility for methadone treatment or other narcotic treatment programs approved by the Pennsylvania Department of Health shall not be considered a medical office use.

A lot or building on or in which various land uses are combined as an integrated development. A "single site" may include contiguous but unconsolidated lots.

A parcel of land under single ownership containing two or more mobile home lots improved with the necessary facilities and services for the placement of mobile homes for nontransient use.

A business establishment inclusive of a building or group of buildings, whether detached or in connected units, used as individual sleeping units with separate exterior entrances, open year-round and designed for temporary occupancy, primarily for transient automobile travelers. Structures shall provide for accessory off-street parking areas. Supervision is provided in shifts by twenty-four-hour on-site management.

Any building, structure or lot used by the Borough, a municipal-related use or a municipal authority/commission created by the Borough. These uses shall include administrative facilities and public works facilities.

Any sign, billboard, statuary or poster that directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

A public garage or a paved, open off-street area other than a driveway or street with adequate means of access and used exclusively for the parking of vehicles of occupants or visitors of the lot; however, a driveway serving a single-family dwelling or which is for the exclusive use of an individual dwelling unit in a residential building may be used as parking area.

A business enterprise conducted for gain which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barbershop, beauty parlors and related activities; a business establishment that generally operates on a first-come, first-serve basis and has relatively high pedestrian or customer traffic throughout the year including utility payment centers, advertising agencies, manufacturing representatives, personnel agencies, travel and ticket agencies and the like.

Any premises in which food, shelter and personal assistance or home supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self administration.

A retail store which primarily sells prescription drugs, patent medicines and surgical and sickroom supplies. A pharmacy may be within a retail establishment.

A building and/or lot that is designed for the assembly or collection of persons, for civic, political, educational, or social purposes, and where recreation, amusement, or dining may occur as accessory activities. A place of assembly does not include a private club.

A building use and/or lot where people regularly observe, practice, or participate in religious or spiritual services, meeting and/or activities.

A business establishment that provides duplicating services using blueprinting, engraving or offset printing processes on paper, fabric or other materials and includes the collating and binding of books, booklets, reports and pamphlets, but does not provide self-serve facilities or accommodate walk-in trade. Duplicating services provided by photocopying or like technological processes are not included and are considered personal and professional services.

Any office of recognized professions, such as doctors, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers and others who, through training, are qualified to perform services of a professional nature. The establishment generally serves clients and operates on an appointment basis with relatively low pedestrian and vehicular traffic.

A business establishment that serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of recognized professionals such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions; or an office of a governmental agency, social service organization, notary, public or private utility, political organization or the like, not including a municipal facility.

Swimming pools, skating rinks, recreational centers and other recreational areas and facilities (excluding golf courses) owned and/or operated by the Borough or other public-sector entity. This also includes areas of land suitable for the development of specific active recreation facilities or leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields, including but not limited to baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendant facilities.

A building, structure or portion of a lot, which under public franchise or other lawful relationship, provides the public with transmission and communications services, electric distribution or other similar facilities or services.

A building or group of buildings, including incubator facilities, but not medical laboratories, used primarily for applied and developmental research, where product testing may be an integral part of the operation and goods or products may be manufactured solely when necessary for testing, evaluation, and test marketing. This usage excludes the use of toxic, biological, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids.

A business establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

A business establishment that offers quick food service for consumption on or off the premises which is accomplished through a limited menu of items already prepared and held for service or prepared, fired or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.

Any business establishment not otherwise specifically defined in this article that sells or rents commodities and/or services on the premises directly to the general public, available for immediate purchase and removal, but not including the manufacturing or processing of any products with a gross floor area equal to or more than 5,000 square feet.

Any business establishment not otherwise specifically defined in this article that sells or rents commodities and/or services on the premises directly to the general public, available for immediate purchase and removal, but not including the manufacturing or processing of any products with a gross floor area less than 5,000 square feet. This use may not include wholesaling, manufacturing or processing of goods.

A boat, ferry, barge or similar structure licensed by the Commonwealth of Pennsylvania on which gambling games are allowed. This includes land-based facilities or uses which are required for access to riverboat gambling.

A place of instruction operated by a public, private, nonprofit or religious organization, having regular sessions, with regularly employed instructors and meeting all of the requirements of the Pennsylvania Department of Education for providing primary, secondary, postsecondary, undergraduate and/or graduate collegiate education. This definition shall not include privately operated, for-profit trade, vocation, avocation or business schools.

A specialized instructional establishment that provides on-site training of business, commercial, medical and/or trade skills such as accounting, data processing, computer repair, vocational trades and/or equipment usage.

Any designed for the collection, removal, treatment, and disposal of waterborne sewerage generated within a given service area.

A dwelling unit and lot designed and intended to be occupied by one family that is not attached to another dwelling unit.

A structure for the storage of goods directly related to a retail use of the lot.

A building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property. No sales, service or repair activities other than the rental of dead storage units are permitted on the premises.

A business establishment which provides on-site alcoholic beverage sales for drinking on the premises, without kitchen facilities, where live entertainment (non-sexually oriented business or establishment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.

A business establishment that includes placing of designs or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration or scarification of the skin by means of the use of needles or other instrument designed to contact or puncture the skin; and/or the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

A parcel used for a centralized storage of trucks or where trucks are congregated at a warehouse or other loading facility to load and unload products.

A business establishment, other than an adult movie theater or adult movie house, inside a completely enclosed building devoted to showing pictures and/or live dramatic or musical performances on a paid-admission basis. A theater usually contains an auditorium in addition to other performance-related facilities. This term shall not refer to a place of assembly.

Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, or masts, not intended for the primary purpose of mounting a communications antenna or similar apparatus above ground.

A building which contains at least three but no more than eight dwelling units, each of which are separated from the adjoining unit or units by a continuous, common wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.

A dwelling unit, located on its own lot, which shares one or more common or abutting walls and/or a floor with one dwelling unit.

A building or structure used for the storage and handling of goods, materials, freight, or merchandise awaiting sale on another lot or location, but not including the maintenance or fueling of commercial vehicles. Warehousing which is incidental to retail sales and which does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition. Incidental sales may occur on the lot.

A business establishment primarily engaged in selling merchandise, dry goods, and food stuffs to retailers, institutional, commercial or professional business customers or other wholesalers, not to the general public. The activities may include the merchandise warehousing and distribution.

A portable sign comprised of two separate panels or faces joined at the top and spread apart at the bottom to form the base on which the sign stands.

The number or other designation assigned to a housing unit, business establishment, or other structure for all purposes of location, mail delivery, and emergency services.

Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. Changeable copy signs, as defined herein, are not considered animated or moving signs.

The movement, or the optical illusion of movement of any part of the sign structure, design or pictorial segment including the movement of any illumination or the flashing, scintillating or varying of light intensity. Also included in this definition are signs having "chasing action," which is the action of a row of lights commonly used to create the appearance of motion.

A work of visual art produced by hand that is tiled, painted directly upon, or affixed directly to an exterior wall of a structure. "Art mural" does not include: mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; murals containing electrical or mechanical components; murals containing advertisement, sales, or vendor information; or changing image murals.

Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.

A sign or outside advertising display having a character, letters, illustrations, ornamentations, symbol, color or visual representation applied to cloth, paper, vinyl, fabric, plastic, or like kind of malleable material with or without frame. Flags shall not be considered banners.

A small pedestrian-oriented sign attached to a building, which bears only the name, number(s) and/or logo of the building but not the tenant and which is intended to be legible only from the pedestrianways immediately adjacent to the sign.

A type of changeable copy sign constructed to allow letter or symbols to be changed periodically such as those used by churches and schools to announce events.

A sign that is designed so that characters, letters, or illustrations can be changed or rearranged manually to change the message on the sign without altering the face or surface of the sign.

A sign that is designed so that characters, letters, or illustrations can be changed or rearranged remotely by electronic or other means to changes the message or sign without altering the face or surface of the sign.

Two or more establishments or businesses adjoining parcels which are designed and developed in a coordinated manner and which may share parking, driveways and other common facilities.

Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product service, or other commercial activity.

A temporary sign announcing the name of contractors, mechanics, or artisans engaged in performing work on the premises and only during active construction activities.

A temporary sign erected during the period of construction and/or development of a property by the contractor and developer or their agent.

A sign generally informational, that has a purpose secondary to the use of the lot or site on which it is located, such as "No Parking," "Entrance," "Exit," "One Way," "Loading Only," "Telephone," and other similar directives, and provided that such sign does not exceed five square feet. Directional, incidental sign shall be located only in conjunction with site drive entrances and/or internal traffic drive aisles.

A sign which displays messages, such as time and temperature, in alternating light cycles.

Any fabric containing distinctive colors, patterns, or symbols, used as a symbol of the United States of America, the Commonwealth of Pennsylvania, the local municipality, a government organization, institution or business. A flag is not a sign.

A sign that contains an intermittent or sequential flashing light source or has a light source which is not stationary, varies in illumination intensity, or contains elements which give the appearance of any of the aforementioned.

Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

A sign, which is owned, installed, and maintained by the Borough of Millvale, County of Allegheny, the Commonwealth of Pennsylvania, or other governmental agency.

A freestanding sign, which is completely self-supporting, has its sign face or base on the ground and has no air space, columns or supports visible between the ground and the bottom of the sign.

A sign containing only the name and address of the occupant of the premises and their occupation. No logos or other advertising shall be permitted.

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

A sign containing a source of light contained within the sign structure or sign cabinet.

A three-dimensional object, filled with air or gas, and located in such a manner as to attract attention.

An integral part of the building consisting of a roof which is supported by the building and may also be supported by columns or piers, and which includes porches, porticos and porte-cocheres, but does not include canopies or awnings.

A wall sign attached to a marquee.

A sign that lists for consumers the various options of products, goods, or services provided by a business.

A ground-mounted sign that is mounted generally flush with the surrounding grade. It may not be attached to a pylon, nor raised by mounting on a man-made berm, wall, or similar structure. Supporting elements may not exceed 24 inches in height and are included in the measurement of sign height.

A sign identifying/advertising and/or directing the public to a business, or merchandise, or service, or institution, or residential area, or entertainment which is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which said sign is located. However, outdoor advertising or "billboard" signs shall not be considered to off-premises signs.

A sign or display that identifies or communicates a message related to the activity conducted, the service offered, or the commodity sold on the premises where the sign is located.

A permanently installed sign identifying/advertising and/or directing the public to a business, or merchandise, or service, or institution, or residential area, or entertainment which is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which said sign is located.

The primary surface of a sign that carries the identifying/advertising message.

Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

A sign which indicates the name, cause or affiliation of a person seeking public or elected office or on which reference is made to an issue for which a public election or referendum is scheduled to be held.

A sign intended to be moved easily and is not designed to be permanently affixed into the ground or to a structure.

Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless vehicle is used in the normal day-to-day operations of the business.

Any sign that is projecting perpendicularly from the facade of a building more than 12 inches from the face of the wall.

A sign, which reproduces a remote image, by optical or any other means, on any surface.

Signs in connection with the identification, operation or protection of any public utility, on the same lot therewith, provided that the total sign area on any one street frontage does not exceed eight square feet.

A freestanding sign in excess of eight feet in height that is detached from a building and is supported by one or more structural elements which are architecturally similar to the design of the sign.

A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.

Any sign used to identify the name of a residential development containing no commercial message and located at the principle entrances of such development.

A sign erected on or attached to a roof or a sign attached to a building that projects above the highest point on a wall that supports the roofline.

Public safety sign pursuant to federal, state, or local public safety regulations.

A name, identification, description, display, illustration or device which is affixed or represented directly or indirectly upon a building, structure or land and which functions as an accessory use by directing attention to a product, place, activity, person, institution, or business. The following terms and definitions are associated with the sign regulations contained in this chapter.

The support on which a sign face stand.

The area or display surface, including the advertising surface and any framing, trim, or molding, used for the message on a single plane.

Any writing, printing, painting, display emblem, drawing, graphic, electronic display, computerized display or other device designed to be viewed by the public, designed and intended for advertising, and the structure supporting the display.

A sign indicating that the premises is in the process of being subdivided and/or developed for the future construction of dwellings or other buildings before any actual construction activity has begun.

A string or strip of miniature or full-size pennants or flags which may or may not be suspended between two points.

A sign which is suspended from a structure above into a vehicular or pedestrian accessway, more than one foot from the surface on which it is mounted, and is mounted usually, but not always, at right angles to the building.

Any sign, banner, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material, with or without frame, displayed for a period not exceeding 31 days. Temporary signs shall be permitted to advertise grand openings, distress sales, change in ownership; or temporary businesses which have been approved by the Planning Commission, Borough Council or Zoning Hearing Board.

A sign which indicates changing time and/or temperature.

A sign regulating traffic.

Any sign painted, attached to, or affixed to a building or structure, attached flat against the wall surface, in such a way that only one face of a sign is visible.

Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is temporarily affixed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

The relinquishment of the lot(s) or structure, or a cessation of the use of the lot or structure by the owner with the intention of neither transferring rights of the lot or structure to another owner or of resuming the use of the lot or structure.

Having a common border with or being separated from such common border by an alley or easement.

A means of approach or entry to or exit from a lot, a site or a parcel.

A process of adapting old structures for new purposes.

Within proximity to or sharing a common boundary.

A public thoroughfare not intended for general traffic circulation which may afford a secondary means for lot access.

Any change in a structure that increases or diminishes exterior dimensions or modifies openings in the exterior walls.

A refinement to this chapter which includes revisions to the zoning text and/or the Zone Map by resolution of the Borough Council.[1]

Any building, tower or structure used for the purpose of supporting an antenna.

A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, tapered rolling strip antennas (TAROS) and satellite microwave antennas.

A landowner and/or developer, contractor or third party, including his heirs, successors and assigns, who has filed an application with the Borough.

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 zoning approval or for the approval of a plan within an overlay. Every application for development must include the form designated by the Zoning Officer, the appropriate site plan and all other information required by this chapter.

The ultimate approval of a planned development by Council which follows tentative approval and filing of the final development plan.

The visible, functional or ornamental objects accessory to and part of a structure.

Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.

The space enclosed by the foundation or ground floor walls of a building partly or wholly below the average level of the adjacent ground. A basement shall not be counted as a story for purpose of height measurements unless 1/2 or more of its height is above the finished lot grade level.

A bank of earth generally intended to screen activity on a lot from activity on an adjacent lot(s) or vice versa or public way.

Any body granted jurisdiction under the Pennsylvania Municipalities Planning Code or a land use ordinance which has the authority to render final adjudications.

Borough of Millvale, Allegheny County, Pennsylvania.

The governing body of the Borough of Millvale, Allegheny County, Pennsylvania.

The duly appointed Borough official designated to administer the regulations, programs and services of the Borough of Millvale.

A line which may or may not follow a visible feature that defines the limits of a geographic entity such as a block, a block numbering area, a census tract, a county, a municipality, a lot, a district, a property or a place.

An area of land together with trees, grass, ground cover, shrubs, bushes, or other natural landscaping material, walls, berms or fences thereon, located between different land uses to minimize potential conflicts between them.

Any fully enclosed structure having a roof intended for the shelter, housing or enclosure of persons, animals, equipment or belongings and not including heating, ventilating, and air conditioning (HVAC), mechanical equipment, electrical equipment or trash.

The portion of the lot area covered by the sum of all building footprint(s) on the lot; building coverage shall be measured as a percentage of the total lot area.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the following points:

A place for short- or long-term storage, collection and/or distribution of heavy equipment, machinery or materials used in construction, farming or industrial operations.

A document issued by the Borough which allows construction to proceed.

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

A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Borough and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements.

The smallest basic solar electric device which generates electricity when exposed to light.[2]

The Official Comprehensive Plan adopted by Millvale Borough, as amended from time to time, adopted pursuant to the provisions of Article III of the Pennsylvania Municipalities Planning Code[3].

Having a common boundary or abutting.

Allegheny County, Pennsylvania.

A unit for measuring the relative intensity of sounds based on an expressed a ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

The measurement of compactness of residential development as to the number of dwelling units per one acre or 43,560 square feet.

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

Any man-made change to an improved or unimproved lot including, but not limited to, buildings or other structures, filling, grading, paving, excavation, mining, dredging or drilling operations and the subdivision of land or land development.

"Handicapped" as defined according to the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments thereto.[4]

Grading, excavation, construction and similar activities that have occurred or may occur on a lot.

A constructed or altered segment of the riverbank or shore used for the purpose of enabling a recreational boat to be placed into the water from a trailer or other apparatus used to transport or store the boat.

The outermost edge of a roof including eaves, overhangs and gutters.

A vehicular connection from a lot to the public right-of-way. A driveway terminates at the right-of-way line and/or the access drive.

Authorization by a lot owner of the use by another and for a specified purpose of any designated part of his lot.

A condition that:

An individual licensed and registered to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed as set forth in P.L. 534, No. 230; however, a professional engineer may perform engineering land surveys.

A licensed and registered professional engineer in Pennsylvania designated by the Borough to perform the duties of engineer as herein specified.

Anything built, constructed, reconstructed or moved on or upon any lot.

The exterior walls of a building that can be seen by the public.

An individual, or two or more persons related by blood, marriage, or adoption or foster child care, including domestic servants or gratuitous guests thereof; or a group of not more than three unrelated persons living together without supervision in a dwelling unit or not more than five persons living together in a group living arrangements with supervision, provided that the group living arrangements meets all of the following criteria:

Federal Communications Commission.

An artificially constructed barrier of specified material or combination of materials erected to enclose or screen areas of land or portions of buildings or structures.

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. "Fill" also can refer to the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.

Drawings submitted for final approval of a planned development.

The sum of the gross horizontal areas of all of the floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

A unit used to measure the amount of light falling on a surface at a point on a surface which is one foot from, and perpendicular to, a source of illumination that produces one uniform candela.

The line of that facade of the primary building that is closest and parallel to the front lot line.

A building or structure part thereof, used or intended to be used for the parking and storage of motor vehicles.

The Borough Council of Millvale Borough, Allegheny County, Pennsylvania.

See "post office," "emergency services," "municipal buildings."

The elevation of the center line of the streets, as officially established by the Borough.

The proposed or completed elevations of the land surface, including the surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

The floor of a building nearest in elevation to the exterior grade at the front of the building.

A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.

The area of a building for living, sleeping, eating or cooking and comfort facilities.

An artificially constructed barrier of naturally vegetated plant material installed to enclose or screen areas of land uses, buildings, structures, parking areas, private outdoor areas such as lawns and decks and/or storage areas.

Equipment used to heat, cool or ventilate a structure.

Pavement designed to prevent percolation or infiltration of stormwater through the surface into the soil below where the water is naturally filtered and pollutants are removed.

A surface area that prevents or retards the infiltration of water into the soil and/or a hard surface area that causes water to run off the surface of the ground in greater quantities or at an increased rate of flow from the conditions prior to development, construction, building or installation.

The portion of the lot area covered by impervious surfaces; impervious surface coverage shall be measured as a percentage of the total lot area.

Those physical additions, installations, and changes required to render land suitable for the use intended, including but not limited to grading, swales, detention/retention basins, paving, curbing, streetlights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and street shade trees.

Development of vacant or remnant lands within an existing neighborhood.

The technical and practical link between the solar generator and the grid providing electricity to the greater community.

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kW is equal to one megawatt (MW).

Any of the following activities:

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 conditions), a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.

An on- or off-street area for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, not including any part of a public right-of-way, and to be used, developed or built upon as a unit. A site or parcel may include more than one lot, but a lot cannot include more than one site.

A lot consisting entirely of a tract of land that:

Notice given by a municipality by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.

A module is the smallest protected assembly of interconnected PV cells.[5]

An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.

A facility, not associated with a business establishment, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of the Zoning Ordinance of Millvale Borough 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.

A use, whether of land or of structure, which does not comply with the applicable use provisions of the Zoning Ordinance of Millvale Borough 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.

Any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, image, motion picture, sound recording, article, instrument, or any other written, visual media or printed matter which depicts or describes in a patently offensive manner sexual conduct, sexual excitement or sadomasochistic abuse or (in the case of articles or instruments) is designed or intended for use in achieving artificial sexual stimulation; and taken as a whole, appeals to the prurient interest; and taken as a whole, does not have serious literary, artistic, political or scientific value.

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.

The physical possession upon, on or within any lot or structure for a use.

A certificate issued by the Zoning Officer, that the construction and use for which the permit applies, may be occupied.

Not transparent or translucent; impenetrable to light; not allowing light to pass through.

A structure greater than 100 square feet clearly subordinate to and on the same lot as the primary building and used exclusively for purposes constituting an additional use, including, but not limited to, private garages, dwellings, gazebos, utility sheds, greenhouses and excluding signs, communication towers, communication facilities, telecommunications equipment buildings, co-location/shared-use communication facilities and power-mounted/shared-use communication facilities.

The person or persons having the right of legal title to, beneficial interest in or a contractual right to purchase a lot or parcel.

Any designated piece or tract of land located in the Borough established by a plat or otherwise as permitted by law.

A common wall between two attached structures, buildings or dwelling units.

Development which is designed with a primary emphasis on the street sidewalk and on pedestrian access to the site and building, rather than on vehicle access and parking areas.

The Pennsylvania Municipalities Planning Code, Act 247, as amended,[6] which is an act that empowers municipalities to plan their growth and development as well as to govern the same by zoning, subdivision and land development ordinances, by official maps, to promote conservation of energy; to establish Planning Commissions [Agencies], Planning Departments and Zoning Hearing Boards.

An individual(s), partnership(s), copartnership(s), association(s), corporation(s), limited liability company(ies), limited liability partnership(s), and any and all other entities.

A semiconductor based device that converts light directly into electricity.

A planning commission, planning department, or a planning committee designated by Borough Council of Millvale Borough, in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended, and the Millvale Borough Code, as applicable.

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

A building or structure on a lot containing the primary use.

Not publicly owned, operated, or controlled.

A formal meeting held pursuant to public notice by the Borough Council, Zoning Hearing Board or Planning Agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.

A forum held pursuant to notice under the Act of July 3, 1986 (P. L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.

A notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. 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.

The act of improving by renewing and restoring; the act or process of rehabilitating or rejuvenating a blighted area or accommodating new development within the context of existing streets and buildings.

The act of removing an existing building/structure and constructing a new building/structure.

An area of land that is legally described for the public or private provision of access.

The top ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

The line extending the full width of the lot and situated at the minimum dimension defined from a front lot line.

The line extending the full width of the lot and situated at the minimum dimension defined from a rear lot line.

The minimum distance from a lot line required by the chapter where a building or structure may be built.

A legal agreement between two parties providing leased parking spaces to satisfy the provision of off street parking spaces required by this chapter. A shared parking agreement shall specify the quantity of spaces, location, lease terms and uses to be served by the off-site parking spaces, as well as any other mutually agreed to term requirements and signatures.

The line extending the full width of the lot and situated at the minimum dimension defined from a side lot line.

A parcel of land located in the Borough, established by a plat or otherwise as permitted by law, which is the subject of an application for development. A site may include more than one lot.

The total area of the lot or lots comprising a site.

A plan prepared in by a registered surveyor, engineer, landscape architect or architect for a use authorized by right which contains the following or as otherwise defined by the requirements of Allegheny County:

Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.

A solar collection system consisting of one or more building- and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and do not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.

Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV-related equipment.

A use permitted in a particular zoning district by the Borough Council upon satisfaction of all criteria enumerated in Article III of this chapter and pursuant to the provisions associated with conditional use in Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.[7]

An uncovered approach less than 25 square feet in area or, if a covered approach, no posts are included in supporting such cover.

That portion of any building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. A basement shall be counted as a story when more than 1/2 of such basement height is above the finished grade level.

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

The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

The right-of-way line of a street.

A general reference as to how and where the parts of buildings that face the street line up to define the perceived boundaries of public and private space.

The distance between street lines measured at right angles to the center line of the street.

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

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. Subdivision includes resubdivision and condominium creation or conversion or any lot line change(s).[8]

A structure without any foundation or footings and, which by the type and materials of its construction, is not permanent in nature.

A parcel used for a centralized storage of trucks or where trucks are congregated at a warehouse or other loading facility to load and unload products.

A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.

The degree to which something is transparent.

The condition/state of being clear, unobstructed by signage, interior graphic elements, reflective coating, translucent or textured finish, racking or any type of fixed furniture that can be seen through from both the interior and exterior of the structure.

Any lot or portion of a lot which has not been graded, improved or prepared for the construction of a building, structure or improvement.

Area not within a building and not in a defined setback or yard area.

An activity, business or purpose for which any lot or structure is utilized.

Relief granted by the Zoning Hearing Board from requirements of this chapter and as authorized by the Pennsylvania Municipalities Planning Code.[9]

The portion of a lot between the primary building/structure and the lot line. Where the configuration of a primary building/structure or a lot make it difficult to discern the location of yards, the Zoning Officer shall establish such yards at his/her sole discretion.

A geographical area with boundaries that includes surface areas as indicated on the Zone Map.

Approval under the provisions of this chapter certifying that an application for development or application for occupancy permit has fulfilled the requirements of this chapter.

The Borough Zoning Hearing Board appointed by the Borough Council in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.[10]

A use permitted in a particular zone district upon satisfaction of all criteria enumerated in Article IV of this chapter and pursuant to the provisions associated with special exception of Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

The Official Map of the Borough that indicates the districts and other relevant information thereon and shall be a part of this chapter by reference.

The duly appointed Borough official designated to administer and enforce this chapter.

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

Wireless communications facilities that are attached to existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new or replacement wireless support structure.

Any request for modification of an existing WCF that does not substantially change the physical dimensions of such WCF, involving:

A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public.

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

The area on, below or above a public roadway, highway, street, sidewalk, alley, utility easement or similar property. The term does not include a federal interstate highway.

A wireless communications facility that meets the following qualifications:

Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR 1.6100.

By virtue of engineering or spectrum usage, the proposed placement for a wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the wireless communications facility.

Any new or replacement wireless support structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.

A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.

An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.

A freestanding structure that could support the placement or installation of a wireless communications facility if approved by the Borough, regardless of whether such structure currently supports a WCF.