The following words and phrases shall have the meanings given in this section, as follows:
ACCESSORY BUILDINGA detached, subordinate building on the same lot with the principal building or structure, the use of which is clearly incidental to the principal structure or use of the lot.
ACCESSORY STRUCTUREA detached, subordinate structure on the same lot with the principal building or structure, the use of which is clearly incidental to the principal structure or use of the lot, including accessory buildings.
ACCESSORY USEA use conducted on the same lot as a principal use to which it is related; a use which is clearly incidental to, and customarily found in connection with a particular principal use.
ADULT BUSINESSAn adult bookstore/video store, adult live theater, adult movie theater or movie house or adult nightclub, as defined herein.
1. ADULT BOOKSTORE/VIDEO STOREAny commercial establishment in which more than 5% of the inventory offered for sale or rental to the public consists of books, publications, films or other media which depict nudity or sexual conduct, as defined herein.
2. ADULT LIVE THEATERAny commercial establishment which features on a regular basis live shows for public viewing in which all or some of the performers are displaying nudity or engaging in sexual conduct as defined herein.
3. ADULT MOVIE THEATERAn enclosed building or structure offering video presentations or other visual media distinguished or characterized by an emphasis or matter depicting, describing, or relating to sexual activities or nudity, for observation by patrons within private viewing booths.
4. ADULT NIGHTCLUBAny establishment which serves food and/or beverages, including private clubs, whether or not the consumption of alcoholic beverages is allowed on the premises, which offers entertainment, either live or recorded, which exhibits nudity or sexual conduct, as defined herein, or which provides service by wait persons who exhibit nudity or sexual conduct, as defined herein.
AFTER-HOURS CLUBA use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and involves some form of monetary compensation to be paid for the alcohol or for the use of the premises.
AGRICULTURE, URBAN, PRINCIPALAgricultural activities intended primarily for the growing of crops and in which no livestock, poultry, or other farm animals are kept or raised. Limited agricultural uses are intended to allow for the growing of agricultural products on vacant lots or properties as a permissible principal use.
ALTERATIONSAlterations include but are not limited to the following: all incidental changes in or replacements to the nonstructural parts of a building or other structure, minor changes or replacements in the structural parts of a building or other structure.
AMPHITHEATERAn open circular or oval building with a central space surrounded by tiers of seats for spectators for the presentation of dramatic, music, or sporting events.
AMUSEMENT ARCADEAn establishment that is completely enclosed, to which the public is permitted or invited, wherein coin-operated or slug operated amusement devices commonly known as "pinball machines," "video games," "jukeboxes" and other electrical devices are operated for entertainment.
ANIMAL DAY CARE/GROOMERA facility where animals, mostly dogs and cats, are housed for short periods of time for the purpose of brushing, clipping, and cleaning them on a commercial basis. Animal groomers do not include medical or surgical treatment or overnight boarding.
ANIMAL SHELTERA facility where stray, lost, abandoned or surrendered animals, mostly dogs and cats, and sometimes sick or wounded wildlife, are kept and rehabilitated.
ART GALLERYA room or building for the display or sale of works of art.
ARTS AND CRAFTS RETAILA use involving the creation, display, and sale of such as paintings, sculptures, and fabric crafts. This use may be permitted within a home occupation, provided the requirements for such use are met.
ASSISTED LIVING FACILITYA facility designed to provide individual dwelling units for elderly persons who are independently mobile and are not in need of the level of service provided by a personal care boarding home, where there is on-site supervision and assistance available to the residents on an occasional "as needed" basis, and where at least one meal each day is provided in a common dining area; and which includes certain design features associated with the needs of the elderly which are not customary in the construction of conventional dwelling units, such as emergency call systems, handicapped facilities, common dining facilities, common laundry facilities, minimal housekeeping services, common leisure and recreational facilities, transportation service and similar supporting services for the convenience of the residents.
AUTO BODY OR AUTO REPAIR GARAGEA building, or part thereof, used for the servicing and repairing of motor vehicles, including engine overhaul, body work and recapping/retreading of tires, and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside an enclosed building.
BAKERYA place where bread, cakes, and other baked goods are made and sold to the public.
BANQUET FACILITYA permanent structure specifically designed and constructed for an assemblage of persons and including catering facilities, for the purpose of hosting weddings, receptions, and other gatherings.
BAR/NIGHTCLUBA place of assembly, other than a dwelling unit, including private clubs, which may offer food, drink, and entertainment, either live or recorded, and characterized by low light levels and closely packed tables, whether or not the consumption of alcoholic beverages is permitted or allowed on the premises. A nightclub may also operate as a restaurant during all or part of its hours of operation.
BASEMENT (or CELLAR)An enclosed area partly or completely below grade, which shall be considered a building story if more than 1/3 of the walls are five feet or more above exterior grades.
BED-AND-BREAKFAST INNA dwelling that is the principal residence of the operator, where no more than three sleeping rooms are offered to transient overnight guests for compensation, and where the only meal served and included with the overnight accommodations is breakfast. Such temporary lodging would normally be for a few nights only and does not exceed two weeks (14 nights) at one time.
BILLBOARDA sign that conveys information regarding an establishment, an activity, a person, a product, or a service that is unrelated to or unavailable on the premises on which the sign is located.
BOARDAll references to the Board are to "The Zoning Hearing Board" of the Borough of Mount Oliver.
BOROUGHBorough of Mount Oliver, Allegheny County, Commonwealth of Pennsylvania.
BUFFER AREAA landscaped area of a certain depth that shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material or an existing natural or constructed natural barrier, as required by this chapter.
BUILDINGAny permanent structure having a roof supported by columns or by walls erected permanently and intended for the shelter, housing and/or enclosure of persons, animals or other property.
BUILDING SETBACK LINEA line established on the Front Yard Setback Map, in Appendix B, defining the minimum required distance between the face of any structure to be erected and an adjacent public street or right-of-way.
BULKThe size of buildings or other structures and their relationship to each other, to open areas, such as yards, and lot lines, including the size, height and floor area of building or other structure; the relation of the number of dwelling units in a residential building to the area of the lot (usually called density); and all open areas in yard space relating to buildings and other structures.
CAFE/COFFEE SHOPA small, informal restaurant serving coffee and light refreshments.
CAR WASH, AUTOMATICA commercial structure where chains, conveyors, blowers, steam cleaners, or other mechanical devices are used for the purpose of washing motor vehicles and where the operation is generally performed by an attendant.
CAR WASH, SELF-SERVICEA commercial structure where washing, drying, and polishing of vehicles is on a self-service basis without the use of chain conveyors, blowers, steam cleaning or other mechanical devices, and there is generally no attendant present.
CASINOA business establishment where the principal use is legal gambling activities and that may also include a restaurant or nightclub as an accessory use.
CEMETERYAn area set apart for or containing graves, tombs, or funeral urns.
CHIMNEYA vertical structure incorporated into a building and enclosing a flue or flues that carry off smoke; the part of such a structure extending above a roof.
COMMUNICATIONS ANTENNAAny structure designed for transmitting or receiving wireless communications of video, voice, data and similar transmissions, including, but not limited to, omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas, which may be mounted on an existing building, an existing public service corporation storage or transmission structure or an existing communications tower, except for transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS TOWERAny structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform, multipoint or side-arm mounts and pipe mounts for microwave dish antennas.
COMMUNITY CENTERA semipublic or privately maintained institution devoted exclusively to a variety of group activities, including civic, social, fraternal, recreational, educational and/or cultural, and maintaining the premises and facilities appropriate to such activities; provided, however, that the use of such premises shall not include living quarters for persons other than those engaged in the conduct and/or maintenance of the institution.
COMMUNITY GARDENA community garden is any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land.
CONDITIONAL USEAn authorized use, which may be granted only by Borough Council pursuant to express standards and criteria contained in this chapter after review and recommendation by the Planning Commission and after conducting a public hearing pursuant to public notice.
CONFERENCE AND TRAINING CENTERA facility used for corporate or professional meetings, seminars and/or employee training and which may include supporting dining and lodging facilities and related recreational facilities as accessory uses.
CONTRACTOR'S OFFICEThe administrative offices of a business that provides landscaping, construction, remodeling, home improvement, excavation, paving, land development and related services on a contractual basis and which may include the accessory storage of materials, equipment and vehicles, provided all materials, equipment and vehicles are stored within a completely enclosed building.
CONTRACTOR'S YARDAn establishment which may or may not include administrative offices for a business that provides landscaping, construction, remodeling, home improvement, excavation, paving, land development and related services on a contractual basis, but which involves the outdoor storage of materials, equipment and vehicles used in the business.
CONVENIENCE STOREA retail establishment which offers a limited selection of grocery, household and personal items for quick purchase and which may include the dispensing of gasoline.
CONVERSION, DWELLING UNITA dwelling unit or units created from a larger existing residential dwelling that was not originally designed or intended to be more than a single unit, whether entirely from the existing structure or by building additions or combinations thereof.
CORNER LOTA lot bounded on at least two sides by streets.
CORRECTIONAL INSTITUTIONAny federal, state, county, local, quasi-public or private facility designed to confine, house or hold inmates accused or convicted of criminal activity who are assigned and/or committed by any court and who are housed, held or confined in lawful custody, including, but not limited to, the detention, treatment, rehabilitation or execution of offenders through a program involving penal custody, parole and probation.
COUNCILAll references to the Council are to the Borough Council of The Borough of Mount Oliver.
COUNTYAllegheny County, Commonwealth of Pennsylvania.
CREMATORIUMAn establishment containing a furnace designed to cremate or reduce to ashes human or animal remains of the deceased.
DAY-CARE CENTER, ADULTA facility, licensed by the Commonwealth of Pennsylvania, located within a building which is not used as a dwelling unit, for the care of the elderly and/or functionally impaired adults for an apportion of a twenty-four-hour day.
DAY-CARE CENTER, CHILDA facility licensed by the commonwealth, located within a building which is not used as a dwelling unit, for the care, during part of a twenty-four-hour day, of children under the age of 16, or functionally impaired or elderly persons.
DAY CARE, HOME BASEDA facility licensed by the commonwealth, located within a dwelling, for the care, on a regular basis during part of a twenty-four-hour day, of not more than six children under 16 years of age, excluding care provided to children who are relatives of the provider. The premises must be the full-time residence of the owner of the operation and must be in compliance with all applicable provisions and requirements of the most recent editions of the Building Code, Residential Code and Fire Code as adopted by the Borough. Such use shall be secondary to the use of the dwelling for living purposes and persons who do not reside in the dwelling shall not be employed.
1. The facility shall be registered with or licensed by the commonwealth. Proof of this valid license shall be provided to the Borough prior to the Borough's issuance of a zoning occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the responsible Police Department and Borough Fire Departments.
2. To the extent that those picking up and/or dropping off their children do so by use of vehicles, adequate provision for off-street parking shall be provided and/or sufficient on-street parking must be available, as determined by the Borough Council, so as not to result in traffic congestion, facilitate traffic movement, and provide for maximum safety and protection on the abutting residential streets.
DECKA flat floored roofless area adjoining a house.
DISTRIBUTION CENTERAn establishment engaged in the production, storage and distribution of goods, products, cargo and materials, including shipment by boat, rail, air or motor vehicle.
DOMESTIC PETSAnimals or birds customarily found in a dwelling and kept for company or pleasure, including, but not limited to, dogs and cats, provided there is not a sufficient number to constitute a kennel, as defined herein; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, excluding any exotic animals including, but not limited to, lions, tigers, bears, ocelots or other feral cats, large or poisonous snakes, alligators, monkeys or other animals normally found in a zoo; nor any horses, pigs, chickens or other fowl or livestock customarily found on a farm.
DRIVE-IN THEATERA cinema structure consisting of a large outdoor movie screen, a projection booth, a concession stand and a large parking area for vehicles from which customers can view movies.
DRIVE-THROUGH FACILITIESAny principal or accessory use which involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles; and where cars may or may not wait in line to access these services, including, but not limited to, "drive-in or drive-through windows at fast food restaurants or other businesses, exterior automated teller machines (ATMs), quick oil change facilities, car washes and similar automotive services and other such facilities.
DRIVEWAYA private paved area leading from a street or other thoroughfare to a building, house, garage, or parking area.
DWELLING UNITOne or more rooms in a residential building which are used as living quarters for one family. A dwelling unit shall have permanent facilities for sleeping, cooking and eating.
DWELLING, SINGLE-FAMILYA residential building containing one dwelling unit and which is the only principal building on the lot.
DWELLING, TWO-FAMILYA residential building containing two independent dwelling units, separated from one another by continuous vertical walls, each having a separate entrance, and which is the only principal building on the lot.
EMPLOYEE CAFETERIA OR DINING ROOMAn eating establishment located within a business establishment, which is restricted to employees of the business establishment and their invited guests.
ENTERTAINMENT FACILITY, INDOORAn establishment providing completely enclosed recreation activities, including theaters, games, courts, video arcades, billiards, bowling, play equipment, batting cages, or similar entertainment facilities.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems.
FARMERS MARKETA retail establishment that is typically outdoors or partially enclosed at which fruit, vegetables, breads, eggs, milk, cheese, meat, honey, flowers, and the like are sold by persons who typically grow, harvest, or process such items from their farm or agricultural operation.
FENCEA natural or man-made barrier of any material, other than shrubbery or a retaining wall designed and approved in accordance with the Borough Grading Ordinance, erected for purposes including protection, screening, confinement, enclosure or privacy.
FINANCIAL INSTITUTIONBanks, savings and loan associations and similar institutions that lend money or are engaged in a finance-related business.
FIRE STATIONA building in which firefighting apparatus is contained and from which fire department personnel operate.
FORESTRYThe cutting or harvesting of live or dead, standing or fallen trees for cordwood, for timber, for pulp or for any commercial purpose, when practiced in accordance with accepted silviculture principles, excluding the clearing of trees by the landowner for his own use, clearing for the development of building sites as part of an approved subdivision, land development or building permit, clearing for farming operations or selective removal of individual trees, which are dead, damaged, diseased or constitute a danger to neighboring properties or the general public.
FUNERAL HOMEA building used for the preparation and embalming of deceased human beings for burial, but not including cremation, and for the display of the deceased and ceremonies connected therewith before burial or cremation.
GASOLINE SERVICE STATIONAn area of land, together with any structure thereon, used for the retail sale of motor fuel and lubricants and incidental services, such as lubrication and handwashing of motor vehicles, and the sale, installation or minor repair of tires, batteries or other automobile accessories, but not including such major repairs as spray painting, or body, fender, axle, frame, or major engine overhaul or recapping/retreading of tires.
GREENHOUSE or NURSERYA retail business, which includes the growing and selling outdoors or inside a structure of flowers, plants, trees, shrubs and other natural flora and the products, which aid in their growth and care, but not including on-site storage of landscaping materials in quantities used by a landscaping contractor.
GROCERY STOREA retail establishment that primarily sells food items.
GROUP CARE FACILITYA facility operated by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation that provides room and board and specialized social, health and rehabilitative services on a twenty-four-hour basis to permanent residents who are not included in the "protected classes" covered by the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.), including twenty-four-hour supervision by staff qualified by the licensing or sponsoring agent.
1. A group care facility may include:
A. More than eight residents who are in the "protected classes" covered by the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.);
B. Any number of permanent residents who are dependent and/or delinquent children under the age of 18 adjudicated by the court system;
C. Persons assigned by a court of law or public or semipublic agency on a short-term basis for supervision, care and counseling for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration and other such transitional and/or supervised short-term assignments.
2. Staff shall be qualified by the sponsoring agency, who may or may not reside at the facility, and who provide health, social and/or rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency.
GROUP HOMEA dwelling unit where not more than eight permanent, unrelated residents of any age who are included in the "protected classes" covered by the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) who are in need of supervision and specialized services live together sharing common living areas. There may also be no more than two caretakers on any shift, who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents. The service shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency. A group home does not include persons assigned by a court of law or public or semipublic agency on a short-term basis for supervision, care and counseling for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration and other such transitional, and/or supervised short-term assignments.
HEIGHT OF BUILDINGThe vertical distance measured from the average elevation of the proposed finished grades at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, tanks, and similar projections of the building not intended for human occupancy shall not be included in calculating the height. If there are two or more separate roofs on a single building, the height of such building shall be calculated from the highest roof.
HOME OCCUPATIONAn accessory use of a service character, conducted entirely within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not, in any way, change the residential character of the dwelling.
HOME-BASED BUSINESS, NO IMPACTA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling, and which involves no customer, client or patient traffic, whether vehicular or pedestrian, or pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
1. No on-site parking of commercially identified vehicles shall be permitted. This does not preclude short-term parking of common carrier vehicles, such as USPS, UPS, etc., in conjunction with delivery of supplies or shipment of product.
2. The business activity may not generate any solid waste or sewage discharge in volumes or type which is not normally associated with residential use in the neighborhood.
3. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
4. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
5. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
6. The business may not involve any illegal activity.
7. The business shall employ no employees other than members residing in the dwelling.
8. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
9. There shall be no outside appearance of a business use, including, but not limited to parking, signs or lights.
HOSPITALAn establishment which has an organized medical staff and provides equipment and services primarily for inpatient care to persons who require definitive diagnosis or treatment, or both, for injury, illness, pregnancy or other disability, but not including narcotics addiction or those found to be criminally insane.
HOTELA building containing rooms intended or designed to be used or that are used, rented, or hired out to be occupied or that are occupied for sleeping purposes by guests. Hotels have a common reception area on premises which is staffed 24 hours a day where clients check in to obtain access to a room.
HOUSE OF WORSHIPA building designed or intended for worship where individuals or a group of people, such as a congregation, come to perform acts of devotion, veneration, or religious study; for example, temples, churches, synagogues and mosques. Accessory uses may include rectories, convents, schools, day care facilities, cemeteries or any combination thereof.
INDEPENDENT LIVING FACILITYA facility designed to provide individual dwelling units for persons who are independently mobile and not in need of supervision, but which includes certain design features associated with the needs of the elderly which are not customary in the construction of conventional dwelling units, such as emergency call systems, handicapped facilities, common dining facilities, common laundry facilities, minimal housekeeping services, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.
JUNKYARD/SALVAGE YARDAn area of land, with or without buildings, used for the storage, outside a completely enclosed building of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, or other scrap or discarded goods or materials, with or without the dismantling, processing, salvaging, recycling, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard."
KENNELAny household or other establishment where more than four dogs or more than six cats, who are six months or older, are kept, bred, trained or boarded at any one time, whether for profit or not.
LANDSCAPE CONTRACTORA retail business which includes the growing and/or selling of flowers, plants, trees, shrubs and other natural flora and the products which aid their growth and care and which may include one or more of the following activities as accessory uses only: storage of small amounts of decorative landscaping materials, such as landscaping ties, decorative rocks, marble chips, sandstone or limestone chips; and/or the storage of small amount of red dog, slag, sand or gravel to be used in landscaping or preparation of driveways; and/or shredding or screening of topsoil; however, in no case shall any amount of asphalt or cold patch be permitted to be stored or prepared on the site.
LAUNDRY FACILITYA business that provides home-type washing, drying or ironing machines or dry-cleaning machines for hire to be used by customers on the premises.
LIBRARYA place in which literary, musical, artistic, or reference materials (such as books, manuscripts, recordings, or films) are kept for use but not for sale.
LODGING FACILITIESTemporary furnished room or rooms rented in another's house for sleeping and/or living accommodations.
LOTAny tract or parcel of land described in a deed or other instrument recorded pursuant to the laws of the commonwealth, which is or may be occupied by a principal building and its accessory uses or buildings, if any, together with the open space required by this chapter.
LOT AREAThe area of a lot measured on a horizontal plane bounded by the front, rear and side lot lines of the lot. No part of a lot, which is also part of a public street, road, alley, or legal right-of-way, shall be included in determining the area of a lot.
LOT COVERAGEThat percentage of the lot covered by all buildings on the lot, including sun parlors, foyers, porches, breezeways, projecting eaves, gutters, awnings, steps, patios and so on. Swimming pools shall not be included in the calculation of lot coverage.
LOT LINE, REARThe line generally parallel to the front lot line, which defines the rear of the lot.
LOT LINE, SIDEAny lot line which is not a front lot line or a rear lot line.
LOT WIDTHThe distance between the side lot lines measured along the front yard building setback of the lot.
MANUFACTURING1. LIGHT MANUFACTURINGThe assembly, processing or production of finished products, not involving the use of any raw materials or any hazardous materials, as regulated by the PA Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (US EPA), including, but not limited to, communications equipment and services; computer components and accessories; dolls, toys and sporting goods; electrical parts, accessories and equipment; electronic components, accessories and equipment; jewelry and musical instruments; laboratory apparatus; machinery, equipment and supplies; metal fabrication and machining; office machines and equipment; optical instruments and products; precision instruments; printing, publishing, shipping, packaging, mailing and distribution; and similar products and services.
2. HEAVY MANUFACTURINGThe assembly, processing, production, forging or fabrication of products from raw materials, including any process using hazardous materials, as regulated by the PA Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (US EPA).
MEDICAL CLINICAny establishment where human patients are examined and are treated by or under the care and supervision of doctors, dentists, or other medical practitioners, but where patients are not hospitalized overnight.
MEDICAL MARIJUANA DISPENSARYThe use of the premises by a person, corporation, partnership, association, trust, or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to dispense medical marijuana pursuant to the Medical Marijuana Act (Act 16, Pennsylvania Law 84, No. 16).
MEDICAL MARIJUANA GROWER/PROCESSORThe use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to grow and process medical marijuana, or as otherwise defined in any subsequent amendments to the Medical Marijuana Act, Act 16 of 2016.
MEDICAL OFFICESA place where medical or dental diagnosis, evaluation, and treatment is prescribed or provided where patients are not provided with room or board, or kept overnight on the premises.
MEDICAL RESEARCH FACILITYAn establishment for carrying on investigation in the natural, physical and social sciences, which are directly related to the provision of health services to the general public, but not including any manufacturing or new product development.
METHADONE TREATMENT FACILITYA facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance, or detoxification of persons.
MICROBREWERYA small, usually independent brewery that produces limited quantities of specialized beers. A microbrewery provides for the retail sales of the beer at the location where it is produced. A microbrewery may also include a tasting room and restaurant in conjunction with the use.
MICRODISTILLERYA small, often boutique-style distillery established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single or small batches. A microdistillery provides for the retail sales of the distilled beverage at the location where beverages are distilled. A microdistillery may also include a tasting room and restaurant in conjunction with the use.
MID-RISE APARTMENTA residential building containing at least four stories, which are no more than 45 feet in height, but no more than seven stories, which are no more than 80 feet in height.
MOBILE HOMEA structure transportable in one or more sections, which is built on a chassis, and is designed to be used as a dwelling unit, with or without permanent foundation, when connected to required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A mobile home is intended to be occupied as a dwelling complete, including major appliances, often furniture, and contains sleeping accommodations, a flush toilet, an enclosed tub or shower bath, kitchen facilities, and interior plumbing, heating and electrical systems meeting the requirements of the Borough, county and state regulations pertaining to building construction for human habitation.
MOBILE HOME LOTA parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARKA parcel of land under single ownership, which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MONOPOLEA radio antenna consisting of a single, often straight, element.
MONUMENTA permanent marker set by a land surveyor to mark or reference a point on a property or land line, which is permanently marked or tagged with the certificate number of the land surveyor setting it.
MOTELA building, or a group of buildings, having units containing sleeping accommodations, which are available for temporary rental occupancy by transients, accessed directly from the outside and providing sufficient off-street parking facilities adjacent or convenient thereto.
MOTOR VEHICLEA self-propelled conveyance with wheels and a motor, such as a car or truck, for use on roads to move people and property.
MUSEUMAn institution devoted to the procurement, care, study and display of objects of lasting interest or value.
NATURE PRESERVEA piece of land protected and managed to preserve its flora and fauna.
NONCONFORMING BUILDING OR STRUCTUREA building or structure or part of a building or structure, manifestly not designed to comply with the applicable use provisions of this chapter or amendment thereto, where such building or structure lawfully existed prior to the enactment of this chapter or amendment thereto. Nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING LOTAny lot which does not comply with the applicable area and bulk provisions of this chapter or amendment thereto, where such lot was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
NONCONFORMING USEAny use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment thereto, where such use was lawfully in existence prior to the enactment of this chapter or amendment thereto, or prior to the application of such chapter or amendment to its location by reason of annexation; however, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking or loading conditions, or the existence of less than the required supplementary regulations, excluding signs.
NUDITYThe showing of the human male or female genitals, pubic areas or buttocks, with less than a fully opaque covering, or the showing of the female breasts with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
NURSING HOMEAn institution licensed by the commonwealth for the care of human patients requiring either skilled nursing or intermediate nursing care or both levels of care.
OFF-STREET PARKING AREAA paved, open off-street area, accessory to the principal use of the lot containing two or more parking spaces, including the aisles and/or driveways which provide access to the parking spaces.
OFFICE, BUSINESSAny office of a corporation, partnership or sole proprietorship used primarily for the conduct of the business, including accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions and not including any manufacturing or processing or storage of machinery or heavy equipment.
OIL AND GAS, COMPRESSORA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
OIL AND GAS, PROCESSINGA facility designed and constructed to remove materials, such as ethane, propane, butane, and other constituents or similar substances, from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil, or naturally occurring liquids from the natural gas.
OIL AND GAS, WELL PADSThe well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of associated equipment and activities associated with the exploration for and production of oil and gas. An oil and gas well includes the pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal and injection wells.
OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, driveways and areas set aside as public grounds.
PARKA parcel or parcels of land owned by the Commonwealth of Pennsylvania, Allegheny County, or the Borough of Mount Oliver that is dedicated specifically for outdoor use for open space and passive and active recreation purposes. A park shall also include land that is dedicated as part of a land development specifically for the use as a park, open space, and active and passive recreation. A park shall not include a commercial recreation facility.
PAWN SHOPA business that loans money on deposit or pledge of personal property or other valuable thing on condition of selling the same back again at a stipulated price.
PERSONAL CARE BOARDING HOMEA facility licensed by the commonwealth, located within a dwelling, where room and board is provided to more than three permanent residents, 62 or more years of age, who are not relatives of the operator, and who are mobile or semimobile and require specialized services in such matters as bathing, dressing, diet and medication prescribed for self-administration for a period exceeding 24 consecutive hours, but who are not in need of hospitalization or skilled or intermediate nursing care. Twenty-four-hour supervision shall be provided by staff qualified to meet the licensing requirements.
PERSONAL SERVICESAny enterprise providing services pertaining to the person, their apparel, or personal effects commonly carried on or about the person, including, but not limited to, shoe repair, tailoring, clothes cleaning, watch repairing, barbershops, beauty parlors and related activities.
PHARMACYA retail store where medicines are compounded or dispensed.
PRINCIPAL STRUCTUREThe main structure or structures on a lot in which the principal use or uses are conducted.
PRINCIPAL USEThe single primary or predominant use to which a property is or may be devoted and to which all other uses on the property are accessory.
PRIVATEOf, or pertaining to, any procedure, establishment, or grounds limited to members of an organization or to other persons specifically invited or permitted, where no advertisement or inducement has been made to the general public.
PRIVATE CLUBAny establishment operated by a private organization for social, recreational, educational, fraternal or sororal purposes, which is open only to members and their invited guests and not to the general public.
PRIVATE GARAGEA one-story building or an integral part of a dwelling used for storage of not more than four motor vehicles, and used either by the owner or tenant of the lot on which it is erected, for a purpose accessory to the principal use of the lot.
PUBLIC RECREATIONLeisure-time activities, including, but not limited to, sports and entertainment, that are open to anyone without restriction except for rules and standards of conduct and use.
QUADRUPLEXA multifamily building, containing only four dwelling units in one structure, each of which has two walls exposed to the outside and each unit shares two common walls with adjoining units which are placed at right angles to one another, rather than in a row, and which units have no other units above or below which share common floors/ceilings.
RECREATION FACILITY, INDOORAn enterprise operated for profit in a completely enclosed building, which offers amusement or entertainment to the general public, including, but not limited to, movie theaters, bowling alleys, indoor skating rinks, video or amusement arcades, billiard parlors, dance halls, indoor sports complexes and similar facilities.
RECREATION FACILITY, OUTDOORA public facility or park for the outdoor pursuit of leisure activities, including but not limited to sports and recreation, such as playing fields, courts, play equipment, trails, and similar facilities.
RECREATIONAL VEHICLEA single-axle or multiple-axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle, for the purpose of travel, camping, vacation and recreational use, including but not limited to travel trailers, mobile homes, motor homes, tent trailers, boats, boat trailers, pickup campers, horse trailers, snowmobiles, jet skis, Waverunners, motorcycles, and all-terrain vehicles.
RESEARCH AND DEVELOPMENTAny establishment which carries on investigation in the natural, physical or social sciences, or engineering and development as an extension of such investigation, with the objective of creating end products, and which may include pilot manufacturing as an accessory use where concepts are tested prior to full-scale production.
RESIDENTIAL IN COMBINATION WITH BUSINESSDwelling unit(s) located in the same building with a professional office, business office, retail store or other commercial use, where the dwelling units are not located on the first floor of the building.
RESTAURANTAn establishment which offers food and beverages for sale and consumption either on the premise or off the premises as a principal use, and which may serve alcoholic beverages for consumption on the premises as an accessory use.
RESTAURANT, DRIVE-INA restaurant with or without a drive-through, where the food is primarily brought to and consumed within a patron's vehicle. An outdoor seating area may be provided.
RETAIL SALESThe selling of commodities and/or services on the premises directly to consumers, but not including any on-site manufacturing or processing of any products or any wholesale sales of products.
RETAIL SALES, LARGERetail sales consistent of contiguous building area greater than 5,000 square feet.
RIGHT-OF-WAYThe total width of any land reserved or dedicated to use as a street, alley, crosswalk or other public purpose.
SCHOOLA place of instruction, having regular sessions, with regularly employed instructors and meeting all of the requirements of the Pennsylvania Department of Education for providing primary, secondary, vocational or postsecondary education, but not including commercial schools.
SCHOOL, COMMERCIALAny building or grounds or portion thereof used exclusively for profit-making education purposes or uses attendant to the education of children or adults.
SELF-STORAGE FACILITIESA 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 by the general public for a specified period of time for the dead storage of personal property.
SETBACKAn established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent road right-of-way or property line.
SEXUAL CONDUCTPatently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations, descriptions of acts of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breasts.
SHEDAn accessory building used to store lawn and garden tools and equipment and other personal property of the residents of a dwelling on the same lot, but not including any motorized vehicles, except that residential riding mowers are permitted.
SHELTER FOR DOMESTIC PETSAn accessory building or other accessory structure used to protect or confine domestic pets owned by the residents of the dwelling on the same lot, excluding fenced runs or kennels as defined by this chapter.
SHOPPING CENTEROne or more retail store(s) and other authorized uses in the zoning district in which it is an authorized use, developed as a single entity on a site, whether developed at one time or in phases or by different owners.
SHORT-TERM RENTAL (RESIDENTIAL)The act of offering temporary living quarters and/or meeting rooms within a dwelling unit by the owner or lessee for a negotiated price to a house guest with or without the mediating use of a rental housing exchange agency.
1. The dwelling must be the permanent address of the owner or lessee, and the owner or lessee must occupy the dwelling for at least six months of the calendar year. The owner shall register with the Borough of Mount Oliver as a short-term rental.
2. The short-term rental shall not permit more than two persons to occupy one bed.
3. Any noise caused by the houseguests that disturbs the neighboring dwellings shall not be permitted and if the houseguest is convicted for any disturbance of the peace, the house owner or lessee shall not be permitted to continue to offer short-term rentals.
4. The short-term rental shall provide parking in accordance with the parking regulations contained in §
260-603.
SKILLED NURSING FACILITYAn inpatient health care facility with the staff and equipment to provide skilled care, rehabilitation and other related health services to patients who need nursing care, but do not require hospitalization.
SMALL-SCALE ENERGY SYSTEMSElectric power system for supply, transmission and consumption of electric power, through the use of hydro, solar, natural gas, coal, or geothermal fuel source that, produces less than 50 Kilowatts in power.
SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria.
STORAGEThe safekeeping of goods in a depository (as in a warehouse).
STORAGE GARAGEA building, other than a private garage or parking garage, used for the storage of motor vehicles or other material and equipment.
STORAGE TRAILERAny vehicle or transportable structure, which is enclosed and mounted on wheels, and is used as a conveyance on streets, drawn by its own or other motive power, intended to carry materials, equipment or other vehicles, but which is not intended for human occupancy, and which is used without permanent foundation as an accessory structure for the storage of goods and materials directly related to the principal use(s) of the lot.
STORAGE YARD, PRINCIPALAs a principal use, a storage yard is an otherwise vacant lot or parcel that is used to store construction equipment, vehicles and/or construction materials. Materials and/or equipment within a storage yard are not offered for commercial sale or accessible to the public. See also "supply yard."
STORYThat portion of a building, other than the basement (as defined), included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREETAny way, whether public or private, used or intended to be used by vehicular traffic and pedestrians, including avenue, boulevard, road, highway, freeway, parkway, lane, alley, thoroughfare or viaduct.
STREETSCAPEThe visual elements along a street, including, but not limited to, sidewalks, pedestrian amenities, street furniture, street trees and landscaping, open space, and similar improvements, that combine to form the street's character.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STUDIO, ART, PHOTOGRAPHY or MUSICEstablishments engaged in the display and sale of music, art or photography products and supplies and which may include training of individuals or groups of students for a fee.
SUPPLY YARD, ACCESSORYAs an accessory use, a supply yard shall include the portion of a lot or parcel that is not occupied by a building and is used for the display and/or sale of building materials, construction equipment and/or goods associated with the permitted principal use. Supply yards do not include the storage and sale of vehicles. See also "storage yard" and "vehicle sales."
SUPPLY YARD, PRINCIPALAs a principal use, a supply yard is an otherwise vacant lot or parcel that is not occupied by a building and is used for the display and sales of building materials, construction equipment and/or goods typically stored outdoors for sale to the public. Supply yards do not include the storage and sale of vehicles. See also "storage yard" and "vehicle sales."
SUPPORTING COMMERCIAL USESRetail sales or personal services or business services for the convenience of the employees and visitors to an office park, including but not limited to a newsstand, travel agency, florist shop, card and gift shop, restaurant or delicatessen or coffee shop, sale of office supplies, copy service and similar facilities.
SWIMMING POOLA body of water in an artificial or semiartificial receptacle or other container, whether located in or out of doors, in-ground or aboveground, used as a recreational facility for swimming, bathing or wading, and having a depth at any point of more than 18 inches or a surface area of more than 100 square feet, including the equipment necessary to maintain the swimming pool and the healthful condition of the water.
TATTOO PARLORAn establishment in which tattooing is carried out professionally.
TEMPORARY STRUCTUREAny structure which is erected to be in place for not more than 12 months, including, but not limited to, tents, air-supported structures, bleachers, portable bandstands, reviewing stands, mobile office units, construction trailers, sales offices for lots or dwelling units or other structures approved for construction.
THEATERA building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis, but not including an outdoor drive-in theater or adult movie theater.
TOWNHOUSEA residential building consisting of at least three and no more than 10 attached dwelling units, separated from one another by continuous vertical walls, without openings from basement to roof and having diverse architectural facades or treatment of material and with not more than three adjoining units having the same front yard setback.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)An area of land typically developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out with an interconnected network of streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.
TRUCK TERMINALA facility where the principal use is servicing, repair and storage of trucks and other motorized equipment and trailers and which may provide warehousing and transfer facilities as an accessory use.
USEAny purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure or on a tract of land.
USES NOT LISTEDA land use not included in the chart of authorized land uses as determined by the Borough Zoning Officer.
USES NOT LISTED, COMPARABLEA land use not included in the chart of authorized land uses but comparable to other uses permitted in a zoning district, as determined by the Borough Zoning Officer.
VEHICLE SALES AND SERVICEA paved open area on a lot used for the display and sale of new or used motor vehicles, including a building or buildings which may contain offices, showrooms and a vehicle servicing area within a completely enclosed building.
VEHICLE SERVICE AND REPAIRA facility that provides motor vehicle service or tune-up or a series of maintenance procedures carried on within the facility with the storage of vehicles contained entirely within the facility.
VETERINARY HOSPITALAn establishment where animals are examined and treated by veterinarians and which may include kennels for temporary boarding of animals during treatment.
VETERINARY OFFICEThe office of a veterinarian where animals are given medical or surgical treatment. Use as a kennel is prohibited, except that animals undergoing medical or surgical treatment may be housed if kept inside; use of the facility for boarding is prohibited.
WAREHOUSINGThe storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles.
WHOLESALINGA business primarily engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public, which includes the warehousing of merchandise and which may include distribution of such merchandise on the site of the principal business.
YARDAn open space at grade between the front yard building setback and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as permitted by this chapter.
YARD, FRONTThe yard extending along the full lot width parallel to or concentric with the front lot line and being the minimum horizontal distance between the front lot line and the front setback required by this chapter, or the front facade of the principal structure at its closest point to the front lot line, whichever is a greater distance from the front lot line.
YARD, REARA yard extending between the side yards of the lot parallel to the rear lot line and being the horizontal distance between the rear lot line and the rear setback required by this chapter or the rear of the principal structure at its closest point to the rear lot line, whichever is a greater distance from the rear lot line.
YARD, SIDEA yard extending along the side lot line from the required front yard to the rear lot line and being the minimum horizontal distance between the side lot line and the side setback required by this chapter or the side of the principal structure at its closest point to the side lot line, whichever is a greater distance from the side lot line.
ZONING OFFICERThe person appointed by the Borough to administer this chapter as required by the Pennsylvania Municipalities Planning Code. The Zoning Officer shall have all the powers and duties and be subject to all the provisions set forth in the Pennsylvania Municipalities Planning Code with respect to Zoning Officers.