As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe 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.
ABUTTINGHaving a common border with or being separated from such common border by an alley or easement.
ACCESSA means of approach or entry to or exit from a lot, a site or a parcel.
ADJACENTWithin proximity to or sharing a common boundary.
ALLEYA public thoroughfare not intended for general traffic circulation which may afford a secondary means for lot access.
ALTERATIONAny change in a structure that increases or diminishes exterior dimensions or modifies openings in the exterior walls.
AMENDMENTA refinement to this chapter which includes revisions to the zoning text and/or the Zone Map by resolution of the Borough Council.
ANTENNA, SATELLITE DISHA 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.
APPLICANTA landowner and/or developer, contractor or third party, including his heirs, successors and assigns, who has filed an application with the Borough.
APPLICATION FOR DEVELOPMENTEvery 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.
A. APPLICATION, FINALThe application for final approval of a development to be submitted by a landowner and/or developer to the Borough.
B. APPLICATION FOR FINAL APPROVALThe application for development for final approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.
C. APPLICATION FOR TENTATIVE APPROVALThe application for development for tentative approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.
D. APPLICATION, PRELIMINARYThe preliminary application of a development to be submitted by a landowner and/or developer to the Borough.
APPROVAL, FINALThe ultimate approval of a planned development by Council which follows tentative approval and filing of the final development plan.
APPURTENANCEThe visible, functional or ornamental objects accessory to and part of a structure.
ARRAYAny number of electrically connected photovoltaic (PV) modules providing a single electrical output.
BASEMENTThe 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.
BERMA bank of earth generally intended to screen activity on a lot from activity on an adjacent lot(s) or vice versa or public way.
BOARDAny body granted jurisdiction under the Pennsylvania Municipalities Planning Code or a land use ordinance which has the authority to render final adjudications.
BOROUGHBorough of Millvale, Allegheny County, Pennsylvania.
BOROUGH COUNCILThe governing body of the Borough of Millvale, Allegheny County, Pennsylvania.
BOUNDARYA 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.
BUFFER YARDAn 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.
BUILDINGAny 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.
BUILDING COVERAGEThe 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.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the following points:
BUILDING MATERIAL YARDS OR ESTABLISHMENTSA place for short- or long-term storage, collection and/or distribution of heavy equipment, machinery or materials used in construction, farming or industrial operations.
BUILDING PERMITA document issued by the Borough which allows construction to proceed.
BUILDING-INTEGRATED SYSTEMA 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.
BUILDING-MOUNTED SYSTEMA 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.
CELLThe smallest basic solar electric device which generates electricity when exposed to light.
COMPREHENSIVE PLANThe 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.
COUNTYAllegheny County, Pennsylvania.
DECIBELA 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.
DENSITYThe measurement of compactness of residential development as to the number of dwelling units per one acre or 43,560 square feet.
DEVELOPERAny 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.
DEVELOPMENTAny 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.
DISABLED"Handicapped" as defined according to the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments thereto.
DISTURBANCEGrading, excavation, construction and similar activities that have occurred or may occur on a lot.
DOCKS/PORTALS FOR WATER ACCESSA 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.
DRIPLINEThe outermost edge of a roof including eaves, overhangs and gutters.
DRIVEWAYA 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.
EASEMENTAuthorization by a lot owner of the use by another and for a specified purpose of any designated part of his lot.
EMERGENCYA condition that:
A. Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
ENGINEERAn 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.
ENGINEER, BOROUGHA licensed and registered professional engineer in Pennsylvania designated by the Borough to perform the duties of engineer as herein specified.
ERECTEDAnything built, constructed, reconstructed or moved on or upon any lot.
FACADEThe exterior walls of a building that can be seen by the public.
FAMILYAn 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:
A. It provides nonroutine support services, including supervision, personal care, social or counseling services and transportation, to persons who need such assistance in order to use and enjoy a dwelling or to avoid being placed within an institution, because of a physical disability, old age, mental disability, or other handicap or disability as defined by the Fair Housing Act and the Americans With Disabilities Act;
B. It provides for the joint occupancy of a dwelling unit where the residents maintain a common household and practice, on a permanent or long-term basis, a joint economic, social and cultural life;
C. Does not involve the housing of persons on a nonpermanent basis;
D. Does not involve the housing or treatment of persons accepted for residence in the group living arrangement on the basis of their status as criminal offenders, juvenile offenders or delinquents, or who would otherwise qualify for residence by virtue of having been found by any governmental tribunal, court agency to be a danger to society or are on release or under the jurisdiction of the criminal justice system, a government bureau of correction or similar institution;
E. "Family" shall not include persons living together in a group facility, boarding house, care facility or the like as defined herein or any other supervised group living arrangement for persons not protected by the Fair Housing Act or the Americans With Disabilities Act or any persons who constitute a direct threat to others or their physical lot.
FCCFederal Communications Commission.
FENCEAn artificially constructed barrier of specified material or combination of materials erected to enclose or screen areas of land or portions of buildings or structures.
FILLAny 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.
FINAL DRAWINGSDrawings submitted for final approval of a planned development.
FLOOR AREA, GROSSThe 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.
FOOTCANDLEA 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.
FRONT LINE OF BUILDINGThe line of that facade of the primary building that is closest and parallel to the front lot line.
GARAGEA building or structure part thereof, used or intended to be used for the parking and storage of motor vehicles.
A. GARAGE, PRIVATEAn accessory use which is attached to or an integral part of a residential building or dwelling unit or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit and in which no occupation, business or service for profit is carried on. A private garage may be used for the storage of not more than one commercial vehicle owned or used by the owner or tenant of the residential building or dwelling unit and for the storage of not more than three private noncommercial vehicles owned or used by persons other than owner or tenant of the residential building or dwelling unit.
B. GARAGE, PUBLICAny building used for temporary parking of motor vehicles for an established fee or reservation and where said garage is not associated with other automotive retail uses.
GOVERNING BODYThe Borough Council of Millvale Borough, Allegheny County, Pennsylvania.
GRADE, ESTABLISHEDThe elevation of the center line of the streets, as officially established by the Borough.
GRADE, FINISHEDThe 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.
GROUND FLOORThe floor of a building nearest in elevation to the exterior grade at the front of the building.
GROUND-MOUNTED SYSTEMA 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.
HABITABLE SPACEThe area of a building for living, sleeping, eating or cooking and comfort facilities.
HEDGEAn 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.
HVACEquipment used to heat, cool or ventilate a structure.
IMPERVIOUS PAVING or IMPERVIOUS PAVEMENTPavement 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.
IMPERVIOUS SURFACEA 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.
IMPERVIOUS SURFACE COVERAGEThe portion of the lot area covered by impervious surfaces; impervious surface coverage shall be measured as a percentage of the total lot area.
IMPROVEMENTS FOR DEVELOPMENT (IMPROVEMENTS)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.
INFILLDevelopment of vacant or remnant lands within an existing neighborhood.
INTERCONNECTIONThe technical and practical link between the solar generator and the grid providing electricity to the greater community.
KILOWATT (kW)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).
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 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.
C. "Land development" does not include development which involves:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three dwelling units, unless such units are intended to be a condominium;
(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing primary building; or
(3) The addition or conversion of buildings or rides within the confines of a business establishment which would be considered an amusement park. For the purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
LANDOWNERThe 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.
LANDSCAPE ARCHITECTAn individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.
LOADING BERTH/SPACEAn on- or off-street area for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOTA 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 AREAThe total area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.
B. LOT, BUILDABLE AREA OFThat lot area in which the principal structure may be located and which is bounded by the front, rear and side building lines of the lot.
C. LOT, CORNERA lot situated at and abutting the intersection of two or more streets. A corner lot has neither a rear yard nor a rear lot line.
D. LOT COVERAGEThe percentage of the total area of a lot or lots occupied by buildings/structures but not including any permanently uncovered paved areas, porches, patios or steps.
E. LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.
F. LOT, INTERIORA lot other than a corner lot with only one frontage on a street.
I. LOT LINE, REARThat lot line which is most distant from and is most nearly parallel to the front lot line, except for corner lots and three-sided lots, which have no rear lot line.
K. LOT, THROUGHA double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.
L. LOT WIDTHThe distance between the side lot lines measured along the front building line of the lot.
LOT, NONCONFORMINGA lot consisting entirely of a tract of land that:
A. Has less than the prescribed minimum lot size, width, depth, or any combination thereof, for the district in which it is located.
B. Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot such size, width, depth, or any combination thereof, at such location would not have been prohibited by any Zoning Ordinance.
C. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable Zoning Ordinance.
MAILED NOTICENotice 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.
MODULEA module is the smallest protected assembly of interconnected PV cells.
NET METERING AGREEMENTAn agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.
NONCOMMERCIAL GREENHOUSEA 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.
NONCONFORMING STRUCTUREA 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.
NONCONFORMING USEA 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.
OBSCENE MATERIALSAny 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.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
OCCUPANCYThe physical possession upon, on or within any lot or structure for a use.
OCCUPANCY PERMITA certificate issued by the Zoning Officer, that the construction and use for which the permit applies, may be occupied.
OPAQUENot transparent or translucent; impenetrable to light; not allowing light to pass through.
OUTBUILDINGA 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.
OWNERThe person or persons having the right of legal title to, beneficial interest in or a contractual right to purchase a lot or parcel.
PARCELAny designated piece or tract of land located in the Borough established by a plat or otherwise as permitted by law.
PARTY WALLA common wall between two attached structures, buildings or dwelling units.
PEDESTRIAN-ORIENTEDDevelopment 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.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)The Pennsylvania Municipalities Planning Code, Act 247, as amended, 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.
PERSONAn individual(s), partnership(s), copartnership(s), association(s), corporation(s), limited liability company(ies), limited liability partnership(s), and any and all other entities.
PHOTOVOLTAIC (PV)A semiconductor based device that converts light directly into electricity.
PLANNING AGENCYA 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.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
A. PLAT, FINALThe final map of the land development or subdivision that is submitted for community approval and which, if approved, is filed with the County Recorder of Deeds.
B. PLAT, PRELIMINARYA preliminary map of the proposed land development or subdivision that is submitted for Borough consideration.
PRIVATENot publicly owned, operated, or controlled.
PUBLIC HEARINGA 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.
PUBLIC MEETINGA 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.
PUBLIC NOTICEA 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.
REDEVELOPMENTThe 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.
REPLACEMENTThe act of removing an existing building/structure and constructing a new building/structure.
RIGHT-OF-WAY (ROW)An area of land that is legally described for the public or private provision of access.
ROOF LINEThe top ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
SETBACK (LINE), FRONTThe line extending the full width of the lot and situated at the minimum dimension defined from a front lot line.
SETBACK (LINE), REARThe line extending the full width of the lot and situated at the minimum dimension defined from a rear lot line.
SETBACKThe minimum distance from a lot line required by the chapter where a building or structure may be built.
SHARED PARKING AGREEMENTA 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.
SIDE YARDThe line extending the full width of the lot and situated at the minimum dimension defined from a side lot line.
SITEA 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.
SITE AREAThe total area of the lot or lots comprising a site.
SITE PLANA 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:
A. Name of applicant and landowner;
B. Name of development, if any;
C. Evidence of preparation by a licensed architect, landscape architect or engineer;
D. Graphic and written scale;
F. Dates of preparation and revision of site plan;
H. A site plan drawn to no greater than one-hundred-foot scale upon which is delineated and clearly identified the location, extent and area in acres, if applicable, of the following:
(1) Property lines for the site and adjacent parcels;
(4) Location and dimensions of existing and proposed public and private roads, streets, driveways, walks and paths;
(5) Existing and proposed structures with proposed site density and approximate height of structures indicated for each proposed type of structure and use;
(6) Proposed location and dimensions of all yards and open spaces;
(7) Existing contours and proposed grading plan;
(8) General proposals for the disposition of stormwater runoff;
(9) Proposals for the disposition of sanitary wastes and the provision of water supplies;
(10) All applicable areas or uses regulated or mandated by this chapter, including but not limited to off-street parking, exterior lighting, signs and outdoor storage.
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENTItems 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.
SOLAR PHOTOVOLTAIC (PV) SYSTEMA 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.
SOLAR-BASED ARCHITECTURAL ELEMENTStructural/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.
SPECIAL APPROVALA 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.
STOOPAn uncovered approach less than 25 square feet in area or, if a covered approach, no posts are included in supporting such cover.
STORYThat 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.
STREETA 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.
STREET GRADEThe 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.
STREET WALLA 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.
STREET WIDTHThe distance between street lines measured at right angles to the center line of the street.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. Subdivision includes resubdivision and condominium creation or conversion or any lot line change(s).
TEMPORARY STRUCTUREA structure without any foundation or footings and, which by the type and materials of its construction, is not permanent in nature.
TERMINAL FACILITYA 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.
TRACKING SYSTEMA 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.
TRANSPARENTThe 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.
UNDEVELOPED LANDAny lot or portion of a lot which has not been graded, improved or prepared for the construction of a building, structure or improvement.
USEAn activity, business or purpose for which any lot or structure is utilized.
A. USE, ACCESSORYA use customarily incidental and subordinate to the principal use of the lot.
B. USE, AUTHORIZEDAny principal use or accessory use allowed by this chapter as a permitted use by right, conditional use, use by planned development or use by special exception.
C. USE BY SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria.
D. USE, CONDITIONALAn authorized use which may be granted only by Council pursuant to express standards and criteria after recommendation by the Planning Commission and after a public hearing held in accordance with the requirements of this chapter.
E. USE, NONCONFORMINGA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
F. USE PERMITTED BY RIGHTAn authorized use which, upon an application for development, may be granted by the Zoning Officer in accordance with the provisions of this chapter.
G. USE, PRINCIPALThe main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.
H. USE, TEMPORARYA use requiring utilities, established for more than seven but less than 100 consecutive days with the intent to discontinue upon the expiration of a specified time period.
VARIANCERelief granted by the Zoning Hearing Board from requirements of this chapter and as authorized by the Pennsylvania Municipalities Planning Code.
YARDThe 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. FRONT YARDThe space extending the full width of the lot and situated between the front lot line and the front of the primary building/structure.
B. REAR YARDThe space extending the full width of the lot and located between the rear lot line and the rear of the primary building/structure.
C. SIDE YARDThe space located between the side lot line and the side of the primary building/structure and extending from the front yard to the rear yard.
ZONEA geographical area with boundaries that includes surface areas as indicated on the Zone Map.
ZONING APPROVALApproval under the provisions of this chapter certifying that an application for development or application for occupancy permit has fulfilled the requirements of this chapter.
ZONING HEARING BOARDThe Borough Zoning Hearing Board appointed by the Borough Council in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.
ZONING HEARING BOARD EXCEPTIONA 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.
ZONING MAP, OFFICIALThe Official Map of the Borough that indicates the districts and other relevant information thereon and shall be a part of this chapter by reference.
ZONING OFFICERThe duly appointed Borough official designated to administer and enforce this chapter.