As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE OR USEA use, building, structure or improvement, the use of which is clearly incidental to, related to, and customarily found in connection with, the main or principal use, building or structure and which is located on the same lot therewith.
ADDRESS MARKERSSigns indicating address and/or name of residential properties and the occupants.
ADULT ARCADEAny place to which the public is permitted, or invited, wherein coin-operated or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR VIDEO STOREAny commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:
A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or
C. Any commercial establishment which has other principal business purposes, in addition to those identified in Subsections
A and
B, shall not be exempted from being categorized as an adult bookstore or adult video store.
ADULT CABARETA nightclub, bar or similar commercial establishment which regularly features:
A. Persons who appear in the state of nudity; or
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D. The ability for patrons to bring their own liquor or beer into the establishment.
ADULT MOTELAny hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
B. Offers sleeping rooms for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, or other photographic reproductions are regularly shown, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERAny theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
ALLEYA public narrow service way providing a secondary public means of access to the rear or side of properties otherwise abutting on a street, not intended for general traffic circulation.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
AUTOMOTIVE SERVICE STATION (WITH OR WITHOUT CONVENIENCE STORE)Any building, land area, or portion thereof used for the retail dispensing of vehicle fuels, servicing and repair of automobiles and accessory sales of tires, batteries and similar vehicle accessories. Such facility may or may not offer convenience sales or services.
AWNINGA roof-like cover that projects from the wall of a building for the purpose of shielding a window or doorway from the elements. Retractable awnings shall be considered temporary and setbacks measured from the wall surface to which they are mounted.
BASEMENT or CELLARA story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BED-AND-BREAKFASTAny owner-occupied single-family detached dwelling, having obtained all applicable state licenses and permits, which offers lodging for paying guests and may provide food services to those guests.
BOARDAny body granted jurisdiction under a land use ordinance or under the Pennsylvania Municipalities Planning Code, Act 247, as amended, to render final adjudications.
BUFFER AREAAn area of land which is planted and maintained in shrubs, bushes, trees, grass or other ground cover material and within which no structure or building shall be authorized except a wall or fence that meets Township requirements.
BUILDABLE AREAThe area of the lot within the building lines, bounded by required yards.
BUILDINGAny immobile structure having a roof supported by columns or walls built, erected and framed of component structural parts and designed for the shelter, housing, enclosure or support of persons, animals or property of any kind.
BUILDING COVERAGEA percentage which, when multiplied by the lot area, will determine the maximum area permitted to be covered by structures.
BUILDING LINEA line which designates the minimum distance that a building must be erected from a street right-of-way. Such distance shall be measured at right angles from the front street right-of-way which abuts the property upon which said building is located and be parallel to said right-of-way line.
BUILDING PERMITDocumentation attesting that a proposal for construction meets all requirements of this chapter and other applicable requirements of the Township relating to such construction, and allowing such proposed construction to commence.
BULK STORAGEThe storage of chemical, petroleum products, grains, and other materials in structures for subsequent resale to distributors, retail dealers or outlets.
BUSINESS SERVICEA service shop or office providing services and sales of office supplies and equipment where the repair and maintenance of equipment is limited, and does not include equipment manufacturing or industrial operations.
CANOPY SIGNA sign attached to a roof extension of a building with or without support, but no walls.
CERTIFICATE OF OCCUPANCYA certificate issued by the Zoning Officer and enforced by the Township prior to the occupancy of, conversion of, or use of a building or use of land, which certifies that all requirements and regulations of this chapter, and all other applicable requirements, have been complied with.
CHARITABLEAs applied to any entity, organization, or group shall mean and connote that the use, operation or function conducted by such entity, organization or group is not for profit, regardless of the nature or purpose thereof, and shall include those entities which have been designated as charitable entities under the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., or under any of the provisions of the United States Internal Revenue Code, or any laws, regulations or rules enacted thereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CHURCHA building used as a place of religious worship.
CLUBA building and related grounds used for social, civic or recreational purposes and owned and operated by a private, nonprofit institution or organization serving the neighborhood in which it is located, and open to the public on an equal basis.
COMMERCIALEngaging in a business, enterprise, activity, or other undertaking for profit.
COMMISSIONERSThe Board of Commissioners, the governing body of the Township of Neville, Allegheny County, Pennsylvania.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site, including Riverfront Planned Development, and designed and intended for the use or enjoyment of the public, as well as the residents of the development, but excluding areas set aside for required public facilities and improvements.
COMMUNICATION ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional, whip antenna and directional or panel antenna, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition includes freestanding antennas, antennas mounted on communications towers and antennas mounted on buildings. This definition does not include private residence mounted satellite dishes or television antenna or amateur radio equipment, including, without limitation, ham or citizen band radio antenna.
COMMUNICATION FACILITYAny building, structure, tower or antenna operated by any person, agency or corporation, not otherwise a public utility regulated by the Pennsylvania Public Utility Commission (PUC), who or which provides any type of communication services.
COMMUNICATIONS TOWERA structure, other than a building, such as a monopole, self-supporting or guyed tower, designed and used to hold and facilitate the operation of a communication antenna.
COMMUNITY CENTERA building used for recreational, social, educational and cultural activities open to the public or a designated part of the public, owned and operated by the Township or nonprofit group or agency.
COMPOSTING FACILITYA mechanical, ventilated cell or window method of degrading organic material in binds, piles or pits by microorganisms and the collection site for such purposes.
CONDITIONAL USEA use which may be permitted in one or more zoning districts upon the recommendation of the Township Planning Commission to the Board of Commissioners, who may grant approval pursuant to certain standards and criteria and the provisions of this chapter.
CONSISTENCYAn agreement or correspondence between matters being compared which denotes a reasonable, rational, similar connection or relationship.
CORRECTIONAL/EDUCATION FACILITYA facility operated for the primary purpose of modifying behavior of its students, residents or inmates, which includes but is not limited to a prison, jail, reform school, or juvenile detention center.
COURTAn open, unoccupied, uncovered space partially or wholly surrounded by the walls of buildings or structures.
DAY-CARE CENTERA 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 16 years of age, or handicapped or elderly persons.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Allegheny County.
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
A. The Board of Commissioners;
B. The Zoning Hearing Board; or
C. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under Chapter
290, Subdivision and Land Development, or Riverfront Planned Development provisions (Article
X).
D. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land, a land development or Riverfront Planned Development.
DEVELOPMENT PLANThe provisions for development including a Riverfront Planned Development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DIRECTIONAL SIGNA sign that provides on-site directional assistance or instruction to vehicular or pedestrian traffic relative to parking area, entrances and exits. Such sign shall contain no advertising other than the business name or logo.
DISTRIBUTION CENTERAn establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, air, rail or motor vehicle.
DRIVE-IN USEAn establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVE-THROUGH (DRIVE-IN)An establishment that by design, physical facilities, service, or by packaging encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.
DUPLEXSee "dwelling, two-family."
DWELLING UNITAny building or portion thereof constituting a separate independent housekeeping establishment for one or more persons, and containing independent cooking, sanitary and sleeping facilities. It shall not be deemed to include hotels, boardinghouses or rooming houses, institutional homes and residence clubs.
DWELLING, MULTIFAMILY, MULTISTORY BUILDINGStructure of over three stories, but not exceeding the height limitation for the district in which it is located. All units are accessible through an entrance hall shared with other dwelling units. This term shall also include the term "high-rise apartment."
DWELLING, TWO-FAMILY (DUPLEX)A detached building containing two dwelling units, one above the other or side by side, each having a separate entrance, a separate cooking area, and separate sanitary facilities.
EDUCATIONAL INSTITUTIONA school, college or university, supported wholly or in part by public funds, or giving general academic instruction equivalent to the standards prescribed by the Commonwealth Board of Education.
EFFICIENCY UNITA living unit contained in multifamily buildings where living and sleeping rooms are combined.
ELECTRONIC NOTICENotice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, who agrees or offers to privately model lingerie or to privately perform a "striptease" for another person.
ESCORT AGENCYAny person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESSENTIAL SERVICESPublic utilities, underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communications, supply or disposal systems and their required buildings. Essential services do not include public or private incinerators, landfills or similar waste disposal facilities.
FAMILYEither an individual or two or more persons related by blood or marriage or adoption, or a group of not more than four persons not so related, occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, or hotel.
FENCEA structure constructed of wood, metal, wire, plastic, mesh or masonry, erected for the purpose of screening one property from another, providing privacy, protection and/or confinement.
FINANCIAL SERVICESEstablishments including, but not limited to, banks, savings-and-loans, investment companies, security and commodity brokers and exchanges, which engage in monetary activities.
FLEX SPACEA detached building which provides its occupants with a flexibility of use between office, and other uses such as manufacturing, laboratory, warehouse, and storage. A flex space building can be divided into multiple tenants and uses, and may contain garage doors, high bays and relocation flexibility for overhead doors and other entrances. At least one side of a flex space building shall have a facade which appears to have offices and storefronts thereon and shall not have garage doors. The remaining sides of the building may have garage doors or loading areas.
[Added 4-8-2010 by Ord. No. 811]
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior wall or from the center line of walls separating two buildings.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FREESTANDING SIGNThe general term for any on-site sign which is supported from the ground and not attached to a building. The sign may be attached to a pole, mast, frame or other structure that is not itself an integral part of, or attached to, a building.
GARAGEA single-story accessory structure for housing vehicles operated by the occupants of the principal structure on the same property, but not itself containing any dwelling units.
GARDEN APARTMENTA multifamily structure, not exceeding three stories in height, sometimes designed around courts or common open areas, frequently having private balconies or patios.
GOVERNING BODYThe Board of Commissioners of the Township of Neville.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
GROUP CARE FACILITYA facility which provides room, board and/or specialized services to one or more unrelated individuals, including children, handicapped and/or elderly. The individuals must be living together as a single housekeeping unit under twenty-four-hour qualified supervision. This facility may be operated by a governmental agent, a state certified agent or nonprofit organization. Facilities operated by, or under, the jurisdiction of any government bureau of corrections, or similar institution, shall not be included in this definition.
HAZARDOUS WASTEAny waste defined as hazardous under the Act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, and any regulations promulgated under that Act.
HAZARDOUS WASTE DISPOSALThe incineration, deposit, injection, dumping, shredding, spilling, leaking or otherwise placing of hazardous waste, as defined by this chapter, into the air or onto the land or water.
HAZARDOUS WASTE STORAGEThe containment, whether temporary or permanent, of any hazardous wastes, as defined by this chapter, whether or not the storage is outside or inside an enclosed building or structure, and whether or not the storage is the principal use on the property, or is accessory to an authorized principal use on the property.
HAZARDOUS WASTE TRANSPORTATIONThe collection, hauling or removal from the site of generation of any hazardous waste as defined by this chapter, by any mode of transportation for any purpose, within or through the Township of Neville.
HAZARDOUS WASTE TREATMENTThe recovery, reduction, detoxification, neutralization, conversion, reuse or any other technology or method of processing designed to change the chemical composition or physical form of any hazardous waste, as defined by this chapter.
HEARINGAn administrative proceeding conducted by a board pursuant to Section 909.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
HEARING OFFICERA member of the Township of Neville Zoning Hearing Board appointed by the other members of the Zoning Hearing Board to hear and decide an appeal before the Board.
HEAVY INDUSTRYThe manufacturing, assembling, processing, alteration or storage of products or goods in commerce, involving the use of large physical plants, heavy machinery, or any other means which produces significant volumes of noise, fumes, dust, or stockpiles of inventory visible to the public. Does not include an organic industry.
HEIGHT, MAXIMUMThe vertical distance measured from the average elevation of the proposed finished grade immediately adjacent to the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gable roofs. Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures required to operate and maintain the building on which they are located, flagpoles, television aerials, water and similar projections shall not be included in calculating maximum height.
HOME-BASED BUSINESS (NO-IMPACT)A business or commercial activity administered or conducted as an accessory use, which is clearly secondary and incidental to the use as a residential dwelling and which does not involve customer, client or patient traffic, or pickup, delivery or removal functions, in excess of those normally associated with residential use.
HOSPITALAn institution providing primary health services and medical or surgical care to persons, primarily ill patients, suffering from illness, disease, injury, and other abnormal physical or mental conditions and including laboratories, outpatient services and medical offices.
HOTELGuest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.
INDUSTRIALOf or pertaining to heavy industry, light industry or organic industry uses.
JUNKYARD or SALVAGE YARDAny lot, land or structure, or parts thereof, used for the storage, accumulation, recycling, sealing or processing of junked or abandoned vehicles, or parts thereof, or scrap or metallic materials or wastepaper, rags, or other discarded material, whether or not for sale. The accumulation or storage of two or more junk vehicles or parts thereof shall be construed to be a junk or salvage yard; or the accumulation or storage of any other discarded material not reasonably needed for the immediate use of the owner or possessor.
JUNK VEHICLEA motor vehicle not in running condition, stored in the open, not being restored to operation, unlicensed and without a current Pennsylvania state inspection sticker.
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 tenants; 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, leasehold, condominiums, building groups or other features.
C. Development other than those activities specified as exclusions in Chapter
290, Subdivision and Land Development, of this Code.
LANDOWNER/PROPERTY OWNERThe legal or beneficial owner of land including the holder of an option or contract to purchase (whether or not such an option or contract is subject to any condition), a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LIGHT INDUSTRYThe manufacturing, assembling, processing, alteration or storage of products or goods in commerce, not involving the use of large physical plants, heavy machinery, or any other means which produces significant volumes of noise, fumes, dust, or stockpiles of inventory visible to the public. Does not include an organic industry.
LOADING SPACE, OFF-STREETSpace conveniently located, accessible and properly designed for the temporary use by vehicles making bulk pickups or deliveries of merchandise or materials. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe total area within the lot lines of a lot, excluding any street rights-of-way.
LOT AREA PER DWELLING UNITThe quotient obtained by dividing the total lot area by the total number of dwelling units to be located on such lot.
LOT COVERAGEA percentage which, when multiplied by the lot area, will determine the maximum area permitted to be covered by structures and all other impervious surfaces.
LOT DEPTHThe average horizontal distance between the front and rear lot lines.
LOT LINE, REARThe lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line.
LOT LINE, SIDEA lot line which is neither a front lot line nor a rear lot line.
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the Recorder of Deeds of Allegheny County or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTHThe distance between the side lot lines measured at right angles to the lot depth at the established front building line.
LOT, CORNERA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
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, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MARQUEEA permanent structure other than a roof attached to, supported by, and projecting from, a building, and providing protection from natural elements.
MARQUEE SIGNA sign attached to and made a part of a marquee or any other similar projection from a building.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat, light and water treatments of the body; and all forms and methods of physiotherapy, and is operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL FACILITYA facility for the examination and treatment of ill and afflicted human outpatients including doctor and dental offices and clinics, provided that patients are not kept overnight, except under emergency conditions.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MIXED USE OR OCCUPANCYTwo or more uses in one building for the conduct of activities related to those multiple uses in one location.
MOBILE HOMEA transportable, single-family dwelling unit intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MODULAR OR MANUFACTURED HOME OR BUILDINGFactory built structures which may be used as single-family homes, or temporary offices/storage facilities on site during development, which meet the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. § 5401), known as the "HUD Code."
MOTELGuest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945, (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."
MUNICIPAL ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.
MUNICIPAL WASTEMaterial generated by residential and commercial land uses consisting primarily of trash, refuse, food packaging and food by-products, and recyclable materials.
MUNICIPALITYThe Township of Neville, Allegheny County, Commonwealth of Pennsylvania.
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter 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 in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
NONCONFORMING, ILLEGALA structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this chapter.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity, or displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY/STATE OF NUDITYThe appearance of a bare human buttock, anus, male genitals, female genitals, or female breast.
NURSING OR CONVALESCENT HOMEAn institution for the care of children or the aged or the infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addition.
OCCUPANTAny individual, family, multifamily or tenant (including property owner) of any lot, property, structure, facility, land, or building within the Township of Neville.
OFF-PREMISES SIGN/BILLBOARDAny sign which communicates information, or a message of a business activity which is provided at a location other than the premises on which the sign is located.
OFFICIAL MAPA map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
ORGANIC INDUSTRYAny enterprise which uses as a raw material or fuel, or produces as a finished good, any garbage, rubbish, offal, refuse, water material, or animal remains or by-products not intended for human consumption.
PARKING SPACEA space available for parking of a motor vehicle and which has a hard, all-weather surface and is at least an area nine feet wide by 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PATIOA roofless space, at the existing ground level, attached or adjacent to the principal structure.
PAVEMENTA hard, dust-free, durable surface constructed of asphalt, Portland cement concrete, bricks or other comparable material. For purposes of lot coverage, pavement will be considered a structure.
PERMITTEE/LICENSEEA person in whose name a permit and/or license establishment or use has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSONAn individual proprietor, partnership, corporation, association or other legal entity.
PERSONAL CARE HOMEAny premises on which food, shelter, personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator and who do not require the services of a licensed, long-term care facility, but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation in the event of an emergency, or self-administered medication.
PERSONAL RECREATION EQUIPMENTAny equipment used for outdoor recreational purposes on lots with principal residential uses established, including, but not limited to, swing sets, slides, horseshoe pits or tennis courts, and for which land development approval prior to building permit issuance is not required.
PERSONAL SERVICESAny commercial establishment providing such personal services as hair dressing and cutting, clothes cleaning, laundering, shoe repair, tailor shops and the like.
PLANNING AGENCYA Planning Commission, Planning Department, or a Planning Committee of the Board of Commissioners of the Township of Neville.
PLATThe map or plan of a subdivision or land development.
POLITICAL SIGNA temporary sign directly associated with any national, state or local election.
PORCHA roofed and/or partially enclosed exterior attachment to a main or accessory structure which shall be considered a part of the structure. For the purpose of this chapter, porches shall include structures and home additions commonly referred to as "sun porches," "decks" and similar construction.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or designed to be transported.
PRESERVATION or PROTECTIONWhen used in conjunction with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.
PRINCIPAL BUILDINGA building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USEThe primary or predominant use of land or structures as distinguished from a subordinate or accessory use.
PRIVATEAny building, structure, use or activity 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 CLUBAn association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, rents or leases premises, the use of which premises is restricted to such members and their guests.
PROFESSIONAL OFFICEA room or rooms used for carrying on the practice of a state regulated and licensed professional, which shall include but not be limited to the following: law, medicine, dentistry, engineering, architecture, accounting and other similar professions.
PUBLICAny building, structure, use or activity belonging to, or affecting, any duly authorized government body.
PUBLIC GROUNDSA. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Township Board of Commissioners or Planning Commission or Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93), known as the "Sunshine Act."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notices 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 be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC SERVICE FACILITYLand or a building or structure and its equipment erected and used for the purpose of supporting the delivery of service to the public, by a governmental agency or publicly franchised or regulated corporation.
PUBLIC, QUASIChurches, Sunday schools, parsonages, and other related functions, hospitals, and other institutions of an educational, religious, fraternal, charitable or philanthropic nature.
RECREATION, COMMERCIALLand or buildings for the active pursuit of sports and similar indoor or outdoor leisure time activities, operated as commercial enterprises.
RECREATION, PUBLICAn open area of ground set aside for public use with recreational facilities, playgrounds and structures or left in a natural state, owned by the municipality, municipal authority or otherwise dedicated to public use or owned and operated by a nonprofit association for the benefit of the public or the residents of the Township. It may include a municipal golf course, but not miniature golf or a driving range. Public recreation shall not include amusement parks or any purely commercial enterprises.
RECYCLING FACILITYA facility employing a technology that is a process that separates or classifies waste materials, including tires, and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for, or a supplement to, virgin raw materials. The term "recycling facility" shall not include transfer stations, landfills for solid waste or composting facilities.
RENEWABLE ENERGY SOURCEAny method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESEARCH AND DEVELOPMENTInvestigation in the natural, physical or social sciences, or engineering and design, with the objective of creating end products, and that may include supporting storage, transportation and production facilities, but not including the mass production of such products.
[Added 10-13-2011 by Ord. No. 817]
RESIDENTIAL USEThose activities customarily conducted in living quarters in an urban setting, and excluding such activities as the keeping of livestock or fowl, activities resulting in noise which exceeds the standards of §
340-68 and activities which involve the storage, visible from off the lot, of motor vehicle pads, machinery or parts, junk or scrap materials.
RESTAURANTA retail use which provides food for consumption on the premises or customer takeout areas.
RETAIL, GENERALBusinesses engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL, SPECIALTYBusinesses which cater to a specific market and may be linked together by an architectural, historical or geographic theme or by a commonality of goods and services.
RIGHT-OF-WAYA strip of land which provides access to property abutting it. This term also includes an easement across private property for access, the passage of public utilities or the disposal of stormwater.
RIVERFRONT PLANNED DEVELOPMENTA development which maximizes the use and benefit of its proximity to the river, which is planned and built as a single unified entity for a mixture of specified uses appropriate to the enjoyment of the riverfront, on a parcel of land not less than five acres in area, which shall not include land beyond the shoreline of the Ohio River, and which is controlled by a landowner or a group of landowners acting as a single entity.
RIVERFRONT PLANNED DEVELOPMENT PLANA graphic and written presentation of a Riverfront Planned Development meeting the requirements of this chapter, including a plat of subdivision, and all provisions relating to use, location, and bulk of structures, intensity of development, streets, ways and parking facilities, common open space, private facilities and utilities, and public facilities and utilities.
ROOMING HOUSEA residential building other than a hotel in which part or parts are kept, used or held out to be a place where sleeping accommodations are offered for hire for three or more persons.
SCREENDecorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structure or evergreen vegetation.
SEMINUDEA state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SETBACKThe required distance that a building, structure, parking or other designated item must be located from a lot line.
SEXUAL ENCOUNTER CENTERAny business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; and
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESSAny adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, massage establishment, nude model studio, or sexual encounter center.
SHEDAn accessory structure used primarily for the storage of lawn and yard equipment in residential zones and for the storage of tools and equipment in nonresidential zone districts.
SHORELINEThe edge of the Ohio River at normal pool level as delineated on U.S. Geodetic Maps.
SIGNAny surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually, and exposed to public view, or any structure, vehicle or medium (including billboard or poster panel) designed to inform or to attract attention, and further regulated by §
340-63 of this chapter.
A. BANNERAny sign intended to be hung, either with or without frames, of lightweight material such as paper, plastic or fabric of any kind. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.
B. BILLBOARDA sign other than one indicating a business conducted on the premises, upon which advertising matter of any character is printed, posted or lettered. It may be either freestanding or attached to the surface of a building or other structure.
C. WALL SIGNAny sign supported by a building wall and attached flat against the wall surface, projecting no more than six inches.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed four-sided (straight sides) geometric shape which most closely outlines the said sign.
SITE PLANA plan of a land development or lot subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and all required information prescribed by this chapter.
SPECIAL EVENTSAn event that takes place on public or private property, for a period of time not to exceed 21 days, including but not limited to temporary events and sales.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
SPECIFIC PLANA detailed plan for nonresidential development of an area covered by a municipal or multimunicipal comprehensive plan, which when approved and adopted by the participating municipalities through ordinances and agreements supersedes all other applications.
SPECIFIED ANATOMICAL AREASThe male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
A. The fondling or erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or
B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
C. Actual or simulated sexual intercourse, oral copulation, anal intercourse, sodomy or other normal or perverted sex acts; or
D. Masturbation, actual or simulated; or
E. Human excretion, urination, menstruation, vaginal or anal irrigation as part of, or in connection with, any of the activities set forth in Subsections
A through
D above.
STEPSA construction or series of constructions placed for a foot support to effectuate the ascending or descending of a person or persons from one level of elevation to another.
STORYA story is that part of a building between the surface of any floor and the next floor above it, or, in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two foot below the top plate shall be counted as a story; and if less than two feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story if it averages more than five feet above grade.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINEThe line defining the edge of the legal width of a dedicated street right-of-way.
STREET TYPEStreets may be classified according to the following:
A. STREET, ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another or to link one community to another (Interstate 79).
B. STREET, COLLECTORStreets designed to collect traffic from local streets once to convey it to the arterials (Grand Avenue, Neville Road).
C. STREET, LOCALStreets designed to serve only the traffic needs of, and provide access to, a limited area or neighborhood (all other roads).
STRIPTEASEThe act of removing one's clothing in front of an audience or a person, usually item by item.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or structure including bearing walls, partitions, columns, beams or girders, or any change to the exterior that increases or diminishes exterior dimensions or adds or removes openings in the exterior walls.
STRUCTUREAny man-made object having a stationary location on or in land or water, whether or not it is 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; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL ENLARGEMENTAny increase of the floor area occupied by a permitted use of more than 25% of the floor area existing on the date of enactment of this chapter.
SWIMMING POOLA body of water in an artificial or semi-artificial receptacle or other container, whether located in or out of doors, used as a recreational facility for swimming, bathing, or wading and having a depth of over 24 inches. A swimming pool shall be deemed to include the buildings, equipment, and appurtenances incidental to such a pool.
TAVERNA business selling food and alcoholic beverages for consumption on the premises and duly licensed by the Commonwealth of Pennsylvania.
TEMPORARY SIGNAny sign that is displayed only for a specified period of time.
TEMPORARY STRUCTURESA structure without any foundation or footings and that is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
TEMPORARY USEA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
TOWNHOUSEA single structure accommodating a minimum of three and a maximum of eight individual attached dwelling units, separated from one another by continuous vertical walls without opening from basement to roof.
TRAVEL TRAILERA vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes having a body width not exceeding eight feet.
TRUCKING TERMINALA building and/or area in which goods and freight are loaded, unloaded, sorted, or otherwise handled, but not stored, in connection with transportation and delivery of such goods and freight on trucks, tractors, trailers, or similar vehicles, and where such vehicles are parked, stored, fueled, maintained, repaired or serviced. Trucking terminals may include officers, maintenance garages, and underground or aboveground storage tanks. Storage of fuel(s), not including the storage of materials classified by the U.S. Environmental Protection Agency as toxic, shall be permitted in accordance with all other rules, regulations, requirements, and conditions imposed by the Township of Neville, or county, state, or federal agencies.
UNIFIED SHOPPING CENTERA group of general or specialty retail establishments, planned, constructed and managed as a total entity, with on-site parking for patrons and employees, delivery vehicles, landscaping and signage.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or the equivalent shall not be deemed to include any nonconforming use.
VARIANCERelief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and this chapter, granted by the Zoning Hearing Board in cases where a literal enforcement of provisions of this chapter will result in unusual and unnecessary hardship, depriving the recipient of reasonable use of the property, and are determined not to be contrary to the public interest and the spirit and intent of this chapter. The Board may grant a variance only in those instances set forth in §
340-99A of this chapter.
VEHICLE FUELING OPERATIONA building or structure from which petroleum products are dispensed, either by an attendant or by self-service. No other products are sold or dispensed on the premises and no related services are offered.
WAREHOUSEA building used primarily for the storage of goods and materials.
WHOLESALE BUSINESSAn establishment primarily engaged in selling and/or distributing merchandise to retailers, to industrial, commercial or institutional users, or to other wholesalers, or acting as agents or brokers for such individuals or companies.
YARDAn open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
YARD, FRONTAn area of open space extending along the full length of a lot between the front lot line and the required building line. On a corner lot, each yard that abuts a front lot line shall be considered a front yard.
YARD, REARThe required open space extending between the rear building line and the rear lot line (not necessarily a street right-of-way line) throughout the entire width of the lot.
YARD, SIDEThe required open space extending from between the structural setback line, and the side lot line throughout the entire depth of the yard. Any lot line not a rear line or front line shall be deemed as a side line.
ZONING HEARING BOARDThe Zoning Hearing Board of the Township of Neville, Allegheny County, Pennsylvania.
ZONING MAPA part of this chapter, the Official Map of the Zoning District of the Township, showing precisely the boundaries and title of each zoning district.
ZONING OFFICERA person appointed by the Commissioners of the Township of Neville to administer and enforce the regulations as found herein.