A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure on the lot. Accessory uses include, but are not limited to the following:

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure on the lot. Accessory uses include, but are not limited to, the following:

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, 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 displaced are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

Either or both of the following:

An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

A hotel, motel or similar commercial establishment which:

An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

A 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 anatomical areas or by specified sexual activities.

See "Sign, Advertising."

Farming, the cultivation of soil for the purpose of producing crops and/or raising livestock for either personal use or resale. Such activity shall be permitted only on tracts of land at least five acres in size and under single ownership or control.

A public right-of-way which affords a secondary means of access to abutting property.

See "Structural Alteration."

A person whose name appears on the application to operate a sexually oriented establishment.

A facility designed and operated as an amusement center, equipped with any combination of five or more mechanical and/or electronic amusement devices, either as the sole use or in combination with other business activity, shall be considered to be an amusement arcade.

Major State, county or municipal roads, or highways, having regional as well as local significance, and designated by the Planning Commission as such.

A building, or portion thereof, wherein more than one automobile may be washed simultaneously, using mechanized laundry equipment.

Repair garages designated by the Council where vehicles wrecked, abandoned, or not in running condition, may be temporarily stored.

Any land and structures which are used for the sale of gasoline or other motor vehicle fuel, and oil and other lubricants, including any sale of motor vehicle accessories and other items. This term includes uses which have facilities for lubricating, washing, or performing repairs on vehicles, provided these activities are carried on within an enclosed building. This term does not include auto laundries, which are special exceptions in B-2 Community Business Districts [see § 1270.04(b)(1)]. This term does include auto body garages, detailing, and auto painting.

See "Gross Dwelling Density."

A structure which may overhang a public or private pedestrian walkway to provide protection from the elements.

The space enclosed by the foundation or ground floor walls of a building with a minimum depth of six feet. A basement shall not be counted as a story for purposes of height measurement unless one-half or more of its volume is above the average elevation of the finished grade at the front of the building.

The legal sale of beer entirely for off-premises consumption.

See "Sign, Advertising."

An individual(s), other than a member of the family, occupying the dwelling unit, or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

A dwelling unit, or part thereof, in which lodging is provided by the owner or operator for more than two boarders. A boarding home shall not be considered a family care or group care facility. A boarding home will be permitted only in an R-5 District.

A buffer, buffer area, buffer yard, or buffer setback is a portion of a developed property which must be reserved for landscaping purposes. A buffer cannot be used for parking, outdoor storage, structures, or any purpose other than fencing and landscaping.

Any structure intended for the shelter, housing, or enclosure of any person, animal, or personal property of any kind.

Unless otherwise specified, the vertical distance measured from the average elevation of the proposed or actual finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of a mansard roof, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs, and to the highest point of any other roof. Chimneys shall not be included in building height.

A building surrounded by open space on the same lot with another building.

A building used exclusively for non-residential purposes.

A non-accessory building in which the principal use of the lot on which it is located is conducted.

A building which is arranged, designed, used, or intended to be used, for residential occupancy by one or more families, and which includes the following types:

Used to indicate the size, setback, and location of buildings with respect to each other on a single zoning lot, including the following specifications:

A portable container designed for the collection of large amounts of garbage and/or refuse, including, but not limited to, dumpsters and bagsters or for the collection of yard waste and debris and subject to the conditions of Section 301.1.2 of Ordinance 1939 the Penn Hills Existing Structures Code, as amended.[1] Rubbish containers, including dumpsters, used by commercial and multifamily properties for regular storage of refuse and garbage in connection with normal business activities shall not be considered bulk rubbish containers under this article.

See "Vehicle, Bus."

See "Sign, Business."

A roofed structure supported by columns and with no walls, used for sheltering patrons or gasoline pumps of self-service gasoline stations. A canopy is not considered a building.

A structure arranged, used, or intended to be used, for the shelter of a car, which includes a roof and is open from the roof to the ground on two or more sides.

A commercial establishment which, as one of its principal business purposes, serves and/or sells to children and their families, food, apparel, goods, services, play and/or entertainment.

A non-profit association of persons which owns, or leases, a building, or portion thereof, for use by members and their guests only. It shall be permissible to serve food and meals on such premises, providing adequate dining space and food preparation space and equipment are available. The sale of alcoholic beverages to members and their guests shall be allowed unless otherwise specified, providing such sale is secondary to the operation of the dining facility for the purpose of serving food or meals, and further providing that such sale of alcoholic beverages is in compliance with applicable Federal, State, and County regulations.

The staff members of the Department of Code Enforcement responsible for the enforcement of this Zoning Code. This term also applies to a "zoning officer," "building inspector," or "inspector." Under certain circumstances the Principal Planner, the Planner, and the Housing Coordinator also have status as code enforcement officers and enforcement authority. The Director of Planning and Economic Development and the Director of the Code Enforcement Department have both enforcement and supervisory authority. See Section 1.11, Authority.

See "Vehicle, Commercial."

A parcel or parcels of land or an area of water, or a combination of land and water within a planned residential development site and designed and intended for the use or enjoyment of residents of the planned residential development, not including streets, off-street parking areas, and areas set aside for public facilities.

A non-profit building/structure, open to the general public and designed for educational, recreational, leisure-time and similar activities. Such facility includes, but is not limited to, libraries, senior citizen centers, YMCAs and YWCAs.

A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Municipalities Planning Code, Act 170 of 1988 and Chapter 1280, as amended.

A permitted use in a B-2 Community Business District, a B-3 Professional Office District and an M Mixed Use District. Conference centers may also be approved as conditional uses in Residential and Conservation Districts, in accordance with the provisions and standards of Chapter 1280.

Equipment commonly used commercially in one or more of the following uses: construction, demolition, maintenance, and excavation of buildings, roads, and lands. Equipment includes, but is not limited to, bulldozers, hi-lifts, backhoes, road graders, concrete mixers, portable air compressors and generators powered by an internal combustion engine, concrete forms, scaffolding, commercial landscaping machinery, etc.

That percentage of a lot covered by structures.

The level of the curb in front of a building as established on a municipally-approved plan, or a level to be determined by the Municipal Engineer if the curb levels are not established on a municipally-approved plan.

An open area usually attached to, or part of, and with direct access to, a building, where said open area is elevated above ground level and is not covered by a permanent roof.

Wells in excess of 4,000 feet designed to recover and remove subsurface gas, oil and other renewable natural resource deposits drilled with the intent to explore or produce oil, natural gas, or other renewable natural resources from a depth of greater than 4,000 feet from surface elevation. Deep wells include all Marcellus Shale wells and similar operations and facilities.

The provisions for development, including a planned residential 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 Zoning Code, shall mean the written and graphic materials referred to in this definition. The following types of development plans are required by various provisions of this Zoning Code:

A single development ownership organization formed by all the landowners in a planned residential development, which organization shall then be known as the landowner.

A building or structure, or portion thereof, or house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwellings and multiple-family dwellings, but not including hotels, or lodging and boarding houses.

A dwelling consisting of one or more rooms in a residential building, which are arranged, designed, used, or intended for use, as living quarters by a family.

A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

A dwelling which is entirely surrounded by open space on the same lot.

A building, or portion thereof, containing two or more dwelling units.

A dwelling designed or used exclusively for occupancy by one family. This term does not include mobile homes, or house trailers.

Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of a sexually oriented establishment.

A person who provides entertainment within a sexually oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

A 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.

A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot, or on adjacent zoning lots.

A family shall be considered one of the following:

A residence offering baby-sitting services and child care services to a maximum of six children unrelated to the resident household. A family day care home is a permitted accessory use in any Residential District. For facilities offering service to a larger number of children, see "Group Day Care Home and Nursery." A family day care home must, however, register with the Department of Planning and Economic Development.

Any residentially or conservation zoned parcel of land containing five acres or more, with principal and accessory buildings thereon. Truck gardens and nurseries shall be considered farms.

Any animal normally raised for its meat, milk, skins, or other products, or for its ability to perform work. Horses, cows, pigs, sheep, goats, chickens, ducks, rabbits, pigeons, doves and other similar animals are examples of farm animals and not household pets. Farm animals shall be restricted to farms and parcels of land in excess of five acres. Any resident may be permitted one rabbit, one duck, or one pot-belly pig, ferret or other animals that from time to time become popular which will be considered to be a household pet and not a farm animal. Bees are not considered to be farm animals, but are regulated by PA Act 58 of April 6, 1921, P.L. 95. For other regulations regarding animals, see Chapter 612 of these Codified Ordinances.

The act of cutting a standing tree so that it falls to the ground.

When prescribed as the basis of measurement for off-street parking spaces and loading berths for any use, floor area shall mean the sum of gross areas of the floors of the buildings, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. All other building areas shall not be considered in the computation of floor area, except areas in excess of 30% of the area of each floor.

The floor space index or floor area ratio of the building, or buildings, on any zoning lot is the floor space of the building, or buildings, on that zoning lot divided by the area of such zoning lot, or, in the case of a planned development, by the net site area.

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

The distance between lines which project perpendicularly from the front lot line to the side limits of the building.

The distance between the points of intersection of the side and front lot lines. On a corner lot, frontage is the distance between the corner of the property abutting the intersection of right-of-ways and the intersection of the side lot line and the front property line. On lots arranged around a cul-de-sac, where the radius of curvature of the street is less than 150 feet, frontage shall be deemed to be the same as mean lot width.

An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. A funeral home is a conditional use in an R-1 District or as a permitted service establishment in a B-2 District.

The cultivation of land on which flowers, plants or domestic vegetables are grown for personal use and not for sale.

See "Automobile Service Station."

The ratio of the number of dwellings in a given area to the sum of the square feet of the lot areas of those dwellings.

The entire area within a site.

A floor that does not vary in elevation more than four feet from the level of the adjacent ground to which it has direct access. A building on a sloping lot can have a ground floor on two different levels.

A residence offering baby-sitting services and child care service to a maximum of 12 children unrelated to the resident household. A group day care home is permitted as a home occupation only after obtaining the approval of a special exception application from the Zoning Hearing Board. (See § 1260.07, definition of "Home Occupation," Chapter 1268, Schedule of District Regulations, and Chapter 1282, Special Exceptions.) For residences offering services for four to six children, see § 1260.07, definition of "Family Day Care Home."

A conditional use in a B-2 District. A half-way house is a facility designed to provide residential and rehabilitative treatment services to persons being treated for drug and/or alcohol abuse, or persons under the supervision of the courts or County, State, or Federal parole boards, either after being charged with a criminal offense or in lieu of criminal charges.

An establishment primarily engaged in furnishing medical, surgical, or other services to individuals, including offices of physicians, dentists and other health care practitioners, medical and dental laboratories, outpatient care facilities, blood banks, oxygen and miscellaneous types of medical supplies and services. Services offered at such facilities shall not include those which necessitate overnight care or recuperation of patients (inpatient care).

See "Building Height."

An occupation conducted in a dwelling unit. Home occupations shall be special exceptions, subject to the approval of the Zoning Hearing Board. Exception - "No Impact Home Occupation" as defined in this section. In reviewing applications for home occupations, the Board may impose appropriate and reasonable conditions necessary to protect the surrounding properties. The following conditions shall apply to all home occupations unless expressly waived by the Board after a demonstration of good cause:

No Impact Home Occupation, as defined by PA Act 43 of 2002, which amended the PA MPC, is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. No impact home based businesses shall be a use permitted by right in all residential zones of the Municipality, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community. No-Impact Home Occupations shall be subject to administrative review and approval by the Chief Zoning Officer, provided that the business or commercial activity meets the following conditions:

An institution engaged in providing medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.

See "Mobile Home."

Impervious surfaces are those that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition.

An employee of the Allegheny County Health Department authorized and designated by the director of the department and/or the Municipal Building Inspector, and/or an employee of the Municipal Police Department, authorized by the commanding officer of the Police Department, or other persons designated by the Municipality to inspect premises regulated under this Zoning Code, and to cooperate in taking the required actions authorized by this Zoning Code where violations are found on a premises, and to request correction of unsatisfactory conditions found on a premises.

An area where scrap metal, paper, rags, tires and other waste and/or used materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, or where machinery or motor vehicles not in running condition are collected, dismantled, stored, or sold for parts. Any use conducted entirely within an enclosed building is not a junk yard.

An establishment in which more than six dogs are housed, groomed, bred, boarded, trained, or sold. A kennel is a commercial business and not a permitted use in a Residential District. Breeding of pets is a commercial business and not permitted in a residential district. Exception: owners whose pets have a litter are permitted 90 days to find appropriate new owners for the dogs. Breeding dogs for financial gain is specifically prohibited in residential districts.

A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.

An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.

A person, corporation or partnership in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

Discarded items not naturally occurring on the site, such as tires, oil cans, equipment parts and other rubbish.

To cut tops and slash into smaller pieces to allow material to settle close to the ground.

The area of a horizontal plane bounded by the front, side, and rear lot lines.

That boundary of a lot which is along an existing or dedicated public street, or, where no public street exists, is along a public way.

That boundary of a lot which is most distant from, and is most nearly parallel to, the front lot line, except for through or corner lots, which have no rear lot line.

Any boundary of a lot which is not a front or rear lot line.

An area of land designated as a lot on a recorded plat or subdivision, or described on a deed duly recorded or registered pursuant to statute with the Recorder of Deeds of Allegheny County.

The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.

A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135°.

The mean horizontal distance between the front lot line and the rear lot line of the lot measured within the lot boundaries.

A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot.

A single tract of land located within a single block, which at the time of filing for a building permit is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control, and therefore, may not coincide with a lot of record. A "lot" is a zoning lot, except as the context shall indicate a lot of record, in which case a "lot" is a lot of record.

Any excavation or grading involving the extraction of coal or other minerals and/or the removal of 10,000 square feet of woodland, as defined by United States Geological Survey (USGS) maps, where prior site plan approval by the Planning Commission has not been obtained.

See "Deep Well."

A roof-like structure of a permanent nature, other than a carport, which projects from a building or is supported on posts, and which provides protection to a public or private right-of-way.

Any machine which, upon the insertion of a coin, slug, token, plate, or disc, may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score. It shall include, but not be limited to, pinball machines, video games, marble machines, and skill ball.

A person under 18 years of age.

A building which contains both residential and non-residential uses. Non-residential uses are permitted on the first and second floors of the building, provided the total floor space of all residential uses does not exceed 50% of the floor space of the entire structure, exclusive of basement floor area.

A vehicle or cart which may, upon issuance of a temporary use permit by the Municipality of Penn Hills and conformance with the regulations established by this chapter, temporarily park upon private property within the business, industrial and mixed use zoning districts and legal nonconforming business uses with the permission of the property owner and engage in the service, sale or distribution of food for individual portion service to the general public, directly from the vehicle. The term shall include but is not limited to trucks and trailer hitch units used for food vending.

A transportable single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit, or in two units designed to be joined into one integral unit capable of being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. Mobile homes other than those within mobile home parks, must be placed upon a permanent foundation and in accordance with the Municipality's current Building Code.

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection(s) thereon of a single mobile home.

A parcel or contiguous parcels of land which has been so designated and improved that it contain two or more mobile home lots for the placement thereon of mobile homes.

A building, or group of buildings, located on a single zoning lot, and containing individual sleeping or living units, designed for, or used by, travelers or transients.

See "Municipalities Planning Code."

Pennsylvania Municipalities Planning Code, Act 170, 1988, as amended. Also referred to as the "MPC."

The Municipality of Penn Hills.

The area of land devoted to a particular use exclusive of any area devoted to streets.

See "Building, Non-Residential."

A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of a structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

Material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the psychological, biological, social, or economic well-being of individuals.

Any place where a person who appears semi-nude or in a state of nudity or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietant school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or a structure:

The appearance of a human bare buttocks, anus, male genitals, female genitals, or female breast.

A facility, not in a private residence, which may or may not operate for profit and is designed to provide daytime care and/or instruction for pre-school children. Such facility shall employ licensed personnel and shall be licensed by the Commonwealth of Pennsylvania.

A structure designed to provide permanent housing and nursing services for the elderly.

Office serving clients and/or patients.

Land used for recreation, agriculture, resource protection, or buffers. Open space is freely accessible to all residents of a development, except that access may be restricted to agricultural lands. Open space does not include land occupied by non-recreational buildings, roads, or road right-of-ways, nor does it include the yard or lots of single or multifamily dwelling units or parking areas required by this Zoning Code. Open space should be left in a natural state, except for recreation areas, which may be surfaced.

The proportion of a site neither occupied by private lots nor dedicated to a public right-of-way. This ratio is calculated by dividing the area of public open space by the gross site area.

The storage of equipment, supplies, products for sale and other materials in conjunction with an approved certificate of use, occupancy and compliance, but not within an enclosed building. See § 1278.06(e)(2) for performance standards. Outdoor storage regulations shall not apply to single-family residences, sidewalk sales, or other incidental sales.

Matter which is suspended in, or discharged into, the atmosphere in finely-divided form.

An improved area at ground level directly adjacent to a principal building and not covered by a permanent roof.

See "Municipalities Planning Code (MPC)."

A structure permitted in the R-6 and R-7 Districts, located above the uppermost floor of a building, which structure is not in excess of 14 feet in height and which contains an area not in excess of 70% of the total area of the floor below. This structure may or may not contain dwelling units. The height of the penthouse shall not be included in computing the allowable height of the entire building.

See "Senior Citizen Housing."

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

The provisions for development of a planned residential development, including 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 the Chapter 1288, shall mean the written and graphic materials referred to in this definition.

A roofed open area usually attached to, or part of, with direct access to or from, a building. A porch may or may not be elevated above ground level.

Any portable container, storage unit or other portable structure that is leased and used for the temporary storage of personal property relating to the residential premises on which it is located for the purpose of storing and/or moving household materials.

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the land owner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.

A formal meeting held pursuant to public notice by the Council or the Planning Commission intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, Act 170, 1988.

Notice published once a week for two successive weeks in a newspaper of general circulation in the Municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

A private business organization which provides service to the general public, such as water, gas, electricity, transportation, or communication. Included in this definition is the equipment and/or infrastructure necessary for the distribution of the services. This includes, but is not limited to, electric sub-stations, telephone exchanges, water and sewer filtration plants, and water pumping stations. This definition does not include deep wells which are activities limited to the recovery and removal of subsurface gas, oil and other renewable natural resource deposits drilled with the intent to explore or produce oil, natural gas, or other renewable natural resources from a depth of greater than 4,000 feet from surface elevation. Deep wells are further regulated by other sections of this Zoning Code.

A building of not more than 2 1/2 stories (not including basement) containing two dwelling units separated from one another by a continuous vertical party wall, without openings from basement floor to roof.

A building of not more than 2 1/2 stories (not including basement), containing two dwelling units separated from one another by a continuous horizontal party wall.

A building of not more than three stories (not including basement) with each dwelling unit contained on not more than one floor. More than one building is permitted on a lot, provided said buildings are separated by a horizontal distance of at least 25 feet.

A building of not less than four stories and not more than 10 stories (not including basement or penthouse, if any) with an elevator required to service all floors and basements. More than one building is permitted on a lot, provided said buildings are separated by a horizontal distance of at least 25 feet.

A building of not less than five stories and not more than 10 stories (not including basement or penthouse, if any) and an elevator required to service all floors and basements. More than one building is permitted on a lot, provided said buildings are separated by a horizontal distance of at least 25 feet.

A building, structure, or open space designed for recreational purposes, and limited to members of an organization and to their guests, and not accessible to the general public. Such facility includes, but is not limited to, country clubs, golf courses, tennis courts, and swim clubs. These facilities do not include social clubs, lodges, meeting halls, athletic clubs and similar facilities which are more appropriately located in commercial districts.

A building, structure, or open space designed for recreational purposes and open to the general public. Such facility includes parks, nature trails, public swimming pools, skating rinks, deck hockey rinks, golf courses, driving ranges, miniature golf, marinas, and other similar facilities. Public recreational facilities do not include pool halls, arcades, bowling alleys, karate schools, dance halls, dance studios, and other similar facilities that are more appropriately located in commercial districts. Facilities such as go-cart race tracks, dirt bike race tracks, survival clubs, and model airplane flying clubs are limited to heavy industrial districts.

See "Vehicle, Recreational."

Professional offices and related facilities for organizations which do not involve the sale of products or services on site, and, therefore generate a low daily vehicular traffic volume. Research and Development (R & D) organizations shall not be permitted to emit fumes, generate noise or smoke, or create any other similar nuisances to adjacent residential properties.

All restaurants other than fast food restaurants.

Any place or premises used for the sale, dispensing, or serving of a limited menu of prepared food or beverages for consumption in cars, off premises, or on premises, where patrons do not receive table service. This definition also includes businesses more commonly known as drive-in restaurants, refreshment stands, or self-service restaurants. Bakeries, candy stores, and convenience stores that sell food items as an accessory use are not considered to be fast food restaurants.

A use involving the sale of relatively small quantities of goods and services directly to consumers.

Any building or part thereof which is designed, constructed or used for educational purposes. A school shall be licensed by the State, shall meet State requirements for elementary or secondary education, or for institutions of higher learning. Business schools, trade schools, studios, etc., are service establishments and shall be located in commercial districts.

A school operated by a person or organization other than the local school district, that may, or may not, be operated for a profit, that offers instruction and training, including but not limited to the following vocations: truck driving, drafting, building construction, woodworking, general contracting, masonry, plumbing, electrical trades, electronic repairs, and any similar trades.

The removal of timber in areas beyond the approved timber harvest area. This timber removal would generally involve a limited number of high value trees in a situation where the integrity of the ordinance would be preserved and adjacent properties would not be negatively affected. Select cutting is administered by the Director of Code Enforcement only in areas approved by this zoning code.

A facility which purchases and processes end of life vehicles for the purpose of self-serve used auto parts retail sales.

A state of dress in which clothing covers no more than the genitals, public region and areola of the female breast, as well as portions of the body covered by supporting straps and devices.

A facility designed for, operated as, and occupied by, five or more unrelated persons 60 years of age or older. Such dwelling may be a personal care boarding home, an adult day care home, an elderly high-rise, a senior citizen apartment building, or a similar facility and may be the conversion of an existing building or a new facility. Senior citizen housing is a conditional use in all R, B-1 and B-2 Districts.

The term does not include any of the following:

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

Includes, without limitation, the following establishments when operated for profit, whether direct or indirect:

A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.

A name, identification, description, or display object which includes an illustration which is affixed to, or painted on, or represented directly, or indicated upon, a building, structure, or piece of land, which directs attention to an object, product, place, activity, person, institution, organization, or business.

A sign which directs attention to a business or to goods, or services, conducted, sold, or offered elsewhere than upon the premises where such a sign is located, or to which it is affixed. This definition includes billboards.

A sign which directs attention to a business or professional activity conducted, or to goods or services sold or offered upon the premises where such sign is located, or to which it is affixed.

Any sign which is not maintained stationary and/or, if illuminated, does not remain constant in intensity and color, except for internally-illuminated computer-controlled displays which are permitted, provided advertising messages are programmed at such intervals as not to have a flashing effect and, to the satisfaction of traffic control and zoning officers, do not create a distraction to motorists. Under no circumstances shall a sign be designed to approximate or resemble standard traffic signalization.

A sign mounted on the wall of a building and not extending beyond or above the wall. All portions of the sign are within one foot of the edge of the wall.

The entire area within a single continuous perimeter enclosing the extreme limits of a sign. Such perimeter shall not include any structural elements lying outside the limits of the sign and not forming an integral part of the display. Where a sign is permitted by any provision of this Zoning Code, it shall be construed to permit a double-face sign. Each face of a double-face sign may equal the maximum size for the particular type of sign permitted in this Zoning Code.

A sign indicating only the name of an occupant and/or address of a building, and/or the management thereof.

A sign suspended from either side, or from the underside of a marquee, and not projecting beyond the marquee.

A sign, any portion or all of which moves.

A sign indicating only the name and/or address of the occupant of a dwelling or structure, and/or a permitted home occupation.

Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light material with or without frame, advertising grand openings, distress sales and changes in ownership.

A parcel, or parcels, of land intended to contain one or more buildings, or intended to be subdivided into one or more lots.

The development plan for one or more lots on which the existing and proposed conditions of the lot are shown, including topography, vegetation, drainage, flood plains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices, as well as other information that reasonably may be required in order that an informed decision can be made by the Planning Commission. See "Development Plan."

Dragging trees on the ground from the stump to the landing by any means.

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

A use not permitted by right in a use district, which, if controlled, would promote public health, safety, welfare, or morals. Special exceptions are enumerated in this Zoning Code. Applications for special exceptions shall be submitted to the Zoning Hearing Board for approval.

Includes any of the following:

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

That part of a building, not including the penthouse, included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story for purposes of height measurement unless one-half or more of its volume is above the average elevation of the finished grade at the front of the building.

Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.

A public right-of-way which affords a primary means of access to abutting property.

Any change, other than incidental repair, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams or girders.

Penn Hills Ordinance 2136, passed February 1, 1993, as amended, being Chapters 1240 to 1252 of these Codified Ordinances.

The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date of enactment of this Zoning Code, or an addition or expansion of more than 2,000 square feet.

A device attached to a building, structure or telecommunications tower principally intended for receipt or transmission of signals for such uses as commercial or public television, FM radio, two-way radio, commercial carriers, cellular telephone, fixed point microwave, lower power television or AM radio, including accessory equipment related to telecommunications. Not included are antennas for private, noncommercial and amateur purposes, including, but not limited to, ham radios and citizens band radios. Antennas are a permitted use in any zoning district, provided they do not extend more than 20 feet higher than the maximum height for the respective district in which an antenna is to be located.

The building in which electromagnetic receiving and relay equipment for a telecommunications tower is housed.

A freestanding structure, including any guy wires, principally intended to support facilities for receipt of transmission of signals for uses such as commercial or public television, FM radio, two-way radio, commercial carriers, cellular telephone, fixed microwave, low power television, or AM radio, including accessory equipment related to telecommunications. Not included are tower and supportive structures for private, non-commercial and amateur purposes, including, but not limited to, ham radios and citizens band radios.

Any lot or parcel, or any structure located on any lot or building lot, on which telecommunications towers are located or proposed to be located.

A temporary use of commercial or industrial property not to exceed 30 days, including and limited to, flea markets, Christmas tree sales, seasonal produce and roadside fruit stands. A temporary use must be approved by permit and must be consistent with the performance standards for temporary uses set forth in Chapter 1278. Penn Hills community-based non-profit corporations and organizations may apply to the Director of Planning for exemption from any of the restrictions regarding temporary uses.

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

The upper portion of a felled tree that is not merchantable because of small size, taper or defect.

Single-family dwelling units constructed in a series or group, including more than three units with common walls.

Those materials which are capable of causing injury to living organisms by chemical or biological means when present in relatively small amounts.

Vehicles not equipped with automotive power, constructed for attachment to commercial automobiles, or to tractors, to supplement the carrying capacity of such automobiles or tractors.

See "Mobile Homes."

Trailers not used for commercial purposes and designed for use with private passenger automobiles, but excluding mobile homes or house trailers. Utility trailers in residential districts must be less than 9,000 pounds combined gross vehicle weight.

Includes any of the following:

The purpose or activity for which the land, or a building thereon, is assigned, arranged, or intended or for which it is occupied or maintained.

See "Accessory Use."

See "Conditional Use."

The main use of land or buildings, as distinguished from a subordinate or accessory use.

A relaxation of the applicable provisions of this Zoning Code, where literal enforcement would create an unnecessary and undue hardship, but where such relaxation will not be contrary to public health, safety, welfare or morals.

Any vehicle without a current inspection sticker and/or without a current license plate, or any vehicle which, by visual inspection, can be determined to be seriously or permanently disabled, abandoned, or in the process of being dismantled. A vehicle not in running condition and located on a lot for more than 30 days shall not be an accessory use.

A motor vehicle designed for carrying more that 10 passengers, exclusive of the driver, and used for the transportation of persons, and a motor vehicle other than a taxi cab, designed and used for the transportation of persons for compensation.

A vehicle registered by the Commonwealth of Pennsylvania, or eligible for registration, as a commercial vehicle and primarily used for business or service purposes. Any dump truck, cube or box van, step van, or tow truck is considered to be a commercial vehicle regardless of class. Pickup trucks and vans with a Gross Vehicle Weight Registration of less than 9,000 pounds (Class I, II, III) shall not be deemed commercial vehicles regardless of the presence of exterior advertising, or the fact that they may be used for commercial purposes.

A vehicular unit not exceeding 30 feet in body length, eight feet in width, or 11 feet in overall height, primarily designed as temporary living quarters for recreational, camping, or travel use. It has either its own motive power, or is designed to be mounted on, or drawn by, an automotive vehicle. Recreational vehicles include motor homes, truck campers, travel trailers, and camping trailers.

Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation, typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

The sale of commodities and services to retailers or jobbers rather than directly to the consumer.

The required open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise specifically permitted. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the use district in which the lot is located.

A yard extending along the full length of a front lot line between the side lot lines. On a corner lot or through lot the front yards are the yards abutting the streets or right-of-ways.

A yard extending along the full length of the rear lot line between the side lot lines. A corner lot and a through lot have no rear yards.

A yard extending along a side lot from the front yard to the rear yard, except on a corner lot where all yards, other than the front yards, are side yards.

A yard usually required in addition to the normal front, side, and rear yard setback when non-residential uses abut Residential Districts. A transitional yard may include landscaping features only. Parking areas, driveways, storage, and other accessory uses are not permitted in transitional yards.