[Ord. 378, 2/14/2005, § 201; as amended by Ord. 394, 6/11/2012, § I.C]
The following words and phrases shall have the particular meaning specified for the purpose of this chapter:
ACCESSORY STRUCTUREA building or structure which is on the same lot with, but detached from, the principal building and which is customarily incidental and subordinate to the principal building including, but not limited to, minor garages, storage sheds, swimming pools, tennis courts, gazebos, signs, fences and similar structures.
ACCESSORY USEA use customarily incidental and subordinate to the principal use and located on the same lot as the principal use.
ADJACENTImmediately adjacent; sharing common property lines uninterrupted by any public street, railroad or other right-of-way.
ADULT ARCADEAny 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, computer generated or reproduced images 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 ADULT VIDEO STOREA 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:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas."
(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas." |
ADULT CABARETA nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in the state of nudity.
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(3) 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."
ADULT MOTELA hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, computer generated or reproduced images or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, computer generated or reproduced images or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT THEATERA 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 "specified sexual activities."
ALLEYA public thoroughfare that affords only a secondary means of access to adjacent property and is not intended for general traffic circulation.
APPLICANTA landowner or developer who has filed an application for development, including his heirs, successors and assigns, as the case may be.
ARTERIAL STREETA public street which serves large volumes of high speed and long distance traffic. There are no streets classified as arterial streets in the Borough.
ATTICA space or loft space between the roof and the ceiling of the top floor.
AUTOMOTIVE SERVICE STATIONAny structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories including major repair work, such as motor replacement, body and fender repair, spray painting or welding, storage of automobiles not in operating condition, and which may include retail facilities for merchandise other than automobile related, such as lunches, refreshments, groceries, and printed or electronically recorded material, whether or not automobile fuel and oil receipts exceed that of the other retail merchandise; and/or car wash facilities.
BASEMENTA story partly below ground having one-half or more of its height below the average level of the adjacent ground.
BASIC GRADEThe average elevation of the proposed grade line of the ground at the front of the structure as shown on the construction plans; in the case of a structure abutting the front property line, the elevation of the curb in front of the center of the structure, or if there is no curb, the elevation of the proposed grade line at the center of the front lot line; in case no grade line is established the actual existing grade of the traveled roadway shall apply.
BILLBOARDAny off-premises sign which advertises an establishment, activity, person, product or service which is unrelated to or unavailable on the premises where the sign is located.
BOARDSee "Zoning Hearing Board."
BOROUGHThe Borough of Thornburg, Allegheny County, Pennsylvania.
BOROUGH COUNCILBorough Council of the Borough of Thornburg, Allegheny County, Pennsylvania.
BUFFER AREAA landscaped area of a certain depth specified by this chapter which shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material or an existing natural barrier or constructed natural barrier which duplicates the effect of the required buffer area.
BUILDINGA structure having a roof supported by columns or walls used for the housing or sheltering of persons, animals or tangible personal property.
BUILDING PERMITA document issued by Borough attesting that a proposal for construction meets all requirements of the Uniform Construction Code [Chapter
5, Part
1], allowing the approved construction to proceed.
BUILDING SETBACK LINEThe line within a property defining the minimum required distance between the front of any building and the adjacent street line. (see also "yard, front")
BUSINESS SERVICESEstablishments engaged in providing services to business offices on a fee or contract basis including, but not limited to, advertising and public relations; management and consulting services; employment services; building security and maintenance services; equipment servicing, rental/leasing and sales; computer and data processing services; mailing, photocopying, quick printing and fax services; sale of office supplies; and similar business services; but not including the rental, sales or repair of vehicles or heavy equipment.
CAFETERIA or EMPLOYEE DINING ROOMAn eating establishment located within a business establishment which is restricted to employees of the business establishment and their invited guests.
CHURCHSee "educational, religious or philanthropic institution."
CLEAR SIGHT TRIANGLEThe triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or right-of-way line and the curb of a driveway), each point being that distance from the intersection, and the two intersecting right-of-way lines (or right-of-way line and a driveway) specified in the illustration in Appendix 27-B.
COLLECTOR STREETA public street which, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets. Streets classified as collector roads in the Borough for the purposes of interpreting this chapter are: Baldwin Road, Cornell Avenue and Harvard Road.
COMMUNICATIONS ANTENNAAny structure designed for transmitting or receiving wireless communications of video, voice, data and similar transmissions including, but not limited to, omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas which may be mounted on an existing building, an existing public service corporation storage or transmission structure or an existing communications tower, except for transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS EQUIPMENT BUILDINGA manned or unmanned structure which contains the equipment necessary to maintain and operate communications antennas and which covers an area on the ground in excess of 200 square feet.
COMMUNICATIONS EQUIPMENT CABINETAn unmanned structure which contains the equipment necessary to maintain and operate communications antennas and which covers an area on the ground of no more than 200 square feet.
COMMUNICATIONS TOWERAny structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform multi-point or side-arm mounts and pipe mounts for microwave dish antennas.
COMMUNITY CLUBAn organization comprised mainly of residents of the neighborhood in which it is located, the primary purpose of which is the advancement of its members or of the community in recreation, education, cultural or civic pursuits and activities.
COMMUNITY GARDENAn area of land owned by the public that is made available to the residents of a community on a seasonal basis for the growing of flowers and vegetables.
COMPLETELY ENCLOSED BUILDINGA building which has continuous connecting walls and a roof designed so that all the walls are solid from the ground to the roof, containing no openings other than windows and doors.
CONDITIONAL USEAn authorized use which may be granted only by Borough Council pursuant to express standards and criteria prescribed in this chapter, after review and recommendation by the Planning Commission and public hearing by Borough Council.
COUNTYCounty of Allegheny, Pennsylvania.
DAY CARE CENTERA facility licensed by the Commonwealth located in a building which is not used as a dwelling unit for the care during part of a twenty-four-hour day of children under the age of 16 or handicapped or elderly persons.
DAY CARE HOMEA home occupation involving the care, on a regular basis, during part of a twenty-four-hour day of not more than six children under 16 years of age, excluding care provided to children who are relatives of the operator and which is licensed or registered by the Commonwealth.
DECKAny uncovered outdoor living area, without a roof, in excess of 24 square feet, constructed on or above the surface of the ground.
DENSITYA measure of the number of dwelling units which occupy, or may occupy, an area of land.
DEVELOPERAny landowner or agent of such landowner who makes or causes to be made an application for development.
DOMESTIC PETSAnimals, fish or fowl customarily found in a dwelling and kept for company or pleasure including, but not limited to, dogs and cats, provided there is not a sufficient number to constitute a kennel, as herein defined; hamsters, parakeets or canaries and similar small animals or birds, but not including any exotic animals such as lions, tigers, bears, ocelots or other feral cats or poisonous snakes, alligators, monkeys or other animals normally found in a zoo; nor any horses, pigs or other fowl or livestock customarily found on a farm.
DRIVEWAYA private paved area which provides vehicular access to a parking space, garage, dwelling or other structure.
DWELLINGAny building designed or used as permanent living quarters for one or more families, but not including hotels, motels, dormitories, bed and breakfast, assisted living facilities, nursing homes, personal care boarding homes, group care facilities or an educational, religious or philanthropic institution that includes residential facilities.
DWELLING UNITOne or more rooms which are used as living quarters for one family and which have permanent facilities for sleeping, kitchen facilities, as well as separate sanitary facilities.
DWELLING, MULTI-FAMILYA residential building or portion thereof containing three or more dwelling units, including garden apartments and townhouses, as defined herein.
DWELLING, SINGLE-FAMILYA residential building containing one dwelling unit and which is the only principal building on the lot.
DWELLING, TWO-FAMILYA residential building containing two dwelling units, each with a separate entrance directly to the outside, including double houses and duplexes.
EASEMENTAn area of land within which certain rights are granted by the owner for public or private purposes.
EDUCATIONAL, RELIGIOUS, PHILANTHROPIC INSTITUTIONAny facility operated by a government agency or its authorized agency, a nonprofit organization or any other legal entity chartered for the purpose of providing social services to the general public, or a segment thereof; or regularly conducting worship services and which may also include, as accessory uses, religious education, social and recreational activities and administrative offices; or any school, including a public or private elementary, middle or secondary school or a private nursery school or pre-school having regular sessions, with regularly employed instructors, teaching those subjects that are fundamental and essential in elementary or secondary education under the supervision of the Commonwealth of Pennsylvania; and that may or may not include residential facilities for students or religious leaders.
EROSIONThe process by which the surface of the land is worn away by the action of water, wind or chemical action.
ESCORTA 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.
ESCORT AGENCYA 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 SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead cable TV, gas, electrical, steam or water transmission or distribution systems, collection, communication supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduit cables, transmitters, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including structures.
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 (not counting servants), living together and maintaining a common household, or no more than five persons protected by the provisions of the Fair Housing Act (42 U.S.C. § 3601 et seq., as now or hereafter amended) living together in a supervised group living arrangement and maintaining a common household. ("Family" shall not include persons living together in any supervised living arrangement who are not maintaining a common household or who are not protected by the provisions of the Federal Fair Housing Amendments Act.)
FENCEA constructed barrier of any natural or man-made material or combination of materials erected to enclose or screen an area of land, but not including a retaining wall.
FLOOR AREA, GROSSThe sum of the horizontal areas of the several floors of a principal building measured between the exterior faces of walls.
FLOOR AREA, NETGross floor area, less the stairways, elevators, halls, utility and bathroom areas and mechanical rooms.
GARAGEA building or portion thereof, used for the storage but not repair or service of motor vehicles. A garage is not a service station. (See "automotive service station.")
GARDEN APARTMENTA multi-family residential building no more than three stories in height containing three or more dwelling units which share a common entrance to the outside, usually through a common corridor, balcony or walkway and which dwelling units may have other dwelling units either above or below them.
HARDSHIPPhysical circumstances or condition unique to the particular property involved which preclude development in strict conformity with the provisions of this chapter.
HEIGHT OF BUILDINGThe vertical distance and the number of stories measured from the basic grade to:
(1) The highest point of the roof adjacent to the front wall for flat roofs.
(2) The deck line for mansard roofs.
(3) The mean height between eaves and ridge, for gabled, hipped, or gambrel roofs.
HEIGHT OF STRUCTUREThe vertical distance measured from basic grade around the structure to the highest point of a structure, other than a building. (See also "height of building.")
HOME GARDENINGThe maintenance of a water garden or the raising of flowers, fruits and vegetables for personal use and enjoyment on a residential lot, not involving any sale or other profit-making activity.
HOME-BASED BUSINESS, NO-IMPACTA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use of a dwelling for residential purposes and which involves no customer, client or patient traffic, whether vehicular or pedestrian, and no pick-up, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
KENNELAny household or establishment where more than four dogs or more than six cats, or any combination of cats and dogs exceeding six animals, who are more than six months old are kept, bred, trained and/or boarded at any one time, whether for profit or not.
LAND DEVELOPMENT PLANA plan prepared in accordance with the application requirements of the Borough Subdivision and Land Development Ordinance [Chapter
22] for approval of a land development, as defined therein.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any 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.
LANDSCAPE SCREENAny combination of hedges, trees, shrubs or earth berms arranged so as to create a continuous visual barrier.
LANDSCAPING CONTRACTORA retail business which includes the growing and/or selling of flowers, plants, trees, shrubs and other natural flora and the products which aid their growth and care and which may include one or more of the following activities as accessory uses only: storage of small amounts of decorative landscaping materials such as landscaping ties, decorative rocks, marble chips, sandstone or limestone chips; and/or the storage of small amounts of red dog, slag, sand or gravel to be used in landscaping or preparation of driveways; and/or, shredding or screening of topsoil; however, in no case shall any amount of asphalt or cold patch be permitted to be stored or prepared on the site.
LANDSCAPING PLANA plan prepared by a registered landscape architect or registered architect identifying each tree and shrub by size, type and scientific name, the location of each, including a planting diagram and such other diagrams or reports as are necessary to show the method of planting, staking and mulching, grass seeding specifications and mixtures and existing trees to be preserved.
LOADING SPACEA portion of a lot used for the standing, loading or unloading of materials or merchandise received or distributed by tractor-trailers.
LOTA tract of land in a plan of subdivision or any other parcel of land described in a deed or legal instrument pursuant to the laws of the Commonwealth of Pennsylvania intended to be used as a unit for development or transfer of ownership.
LOT AREAThat area measured on a horizontal plane bounded by the front, rear and side lot lines, exclusive of any area within a street right-of-way.
LOT COVERAGEThat percentage of the lot area covered by all principal and accessory structures and impervious surfaces including, but not limited to, decks, patios, walkways, parking pads, driveways and parking areas.
LOT LINE, FRONTThat line which bounds the lot contiguous with the street right-of-way line. (In the case of a corner lot or through lot, there are two front lot lines.)
LOT LINE, REARThat line which is generally opposite to the front lot line.
LOT LINE, SIDEAny lot line which is not a front lot line or a rear lot line.
LOT OF RECORDAny lot which, individually or as a part of a subdivision, has been recorded in the Office of the Recorder of Deeds of Allegheny County.
LOT WIDTHThe straight line distance between the points of intersection of the building setback line with the side lot lines.
LOT, CORNERA lot situated at and abutting the intersection of two streets, having an interior angle of intersection not greater than 135°.
LOT, THROUGHA lot, the front lot line and rear lot line of which abut streets.
MAXIMUM EXTENT FEASIBLENo feasible and prudent alternative exists, and all possible planning to minimize potential harm has been undertaken.
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.
MINI-WAREHOUSEA building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property.
MOTOR VEHICLEA self-propelled device used for transportation of people or goods over the streets and highways and licensed by the Commonwealth as a motor vehicle.
NONCONFORMING LOTA lawful lot, legally existing at the time of passage of this chapter (or subsequent amendment), that does not comply with the applicable lot area and lot width requirements of this chapter for the Zoning District in which the lot is located by reason of the adoption of this chapter or its subsequent amendment.
NONCONFORMING STRUCTUREA lawful structure or portion thereof, legally existing at the time of passage of this chapter (or subsequent amendment), that does not conform to the terms of this chapter governing area, lot coverage, height, yards, other characteristics of the structure, or its location on the lot by reason of the adoption of this chapter or its subsequent amendment.
NONCONFORMING USEA lawful use of a structure or land, legally existing at the time of passage of this chapter (or subsequent amendment), which does not conform to the current use regulations applicable in the Zoning District in which it is located by reason of the adoption 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.
OCCUPANCY PERMITA separate permit required before occupancy of a dwelling or other building is permitted. Occupancy is defined as taking possession of, or using, any structure as an occupant, permanently or temporarily.
OFFICES, BUSINESS OR PROFESSIONALAny office of recognized professions, such as doctors, dentists or other licensed medical practitioners, lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.
PARKING AREAA paved area, other than a parking pad, street or alley, used exclusively for the parking of motor vehicles, including parking spaces and the aisles and driveways providing access to the parking spaces.
PARKING AREA, PRIVATEA parking area which is an accessory use on the same lot owned and used by the tenants or owners of the lot only and their invited guests.
PARKING AREA, PUBLICA parking area which is the principal use on the lot, available for use by the general public for the parking of motor vehicles which may be operated by either a public agency or private entity, whether for profit or not.
PARKING GARAGEA detached accessory building, or portion of a principal building, for the parking or temporary storage of motor vehicles belonging to occupants of the premises.
PARKING GARAGE, SHAREDOne garage, or a group of attached garages arranged in a row or surrounding a common means of access, restricted to and used exclusively for the parking of motor vehicles by residents in the immediate vicinity of its location.
PARKING PADA paved area, other than a driveway, on a residential lot intended for the parking of one or more motor vehicles owned by the owners or tenants of the lot, which is accessory to the principal use of the lot.
PARKING SPACEA portion of a garage or parking area designated for the parking of one motor vehicle designed in accordance with the requirements of this chapter.
PERMITTEE or LICENSEEThe individual, partnership, corporation, incorporated association or other legal entity to whom a valid permit or license is issued by the Borough in accordance with the terms of this chapter.
PERSONAn individual, proprietorship, partnership, corporation, association, estate, trust or other legal entity.
PLANNING COMMISSIONThe Planning Commission of the Borough of Thornburg, Allegheny County, Pennsylvania.
PLOT PLANA drawing based on a property survey prepared by a registered surveyor in the Commonwealth submitted in connection with an application for approval under this chapter drawn accurately and legibly on durable material showing compliance with all applicable requirements of this chapter.
PORCHAn accessory structure attached to a dwelling constructed either on or above the ground, with or without an enclosed foundation and which has flooring that is impervious or is covered by a roof or awning.
PRINCIPAL BUILDINGThe building or buildings on a lot in which the principal use or uses are conducted.
PRINCIPAL STRUCTUREThe structure or structures in which the principal use or uses are conducted.
PRINCIPAL USEThe primary or predominant use of any lot or structure.
PRIVATEOwned, operated or controlled by any person, partnership, corporation, association or entity other than a Federal, State, County or local government agency.
PUBLICOwned, operated or controlled by a government agency, Federal, State County or local.
PUBLIC BUILDINGAny structure owned or operated by a public body or agency, which dispenses general services to the public, including municipal buildings, community centers, libraries, road maintenance garages and similar buildings.
PUBLIC HEARINGA formal meeting held pursuant to public notice, as defined herein, by Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986, P.L. 388, No. 84, known as the "Sunshine Act," as amended.
PUBLIC NOTICENotice published once each 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.
PUBLIC PARKA lot or parcel owned by a government agency (Federal, State, County or local) devoted to passive and/or active recreation.
PUBLIC UTILITYAny company or authority subject to the jurisdiction of and control by the Pennsylvania Public Utility Commission.
PUBLIC UTILITY BUILDING OR STRUCTUREAny administrative, maintenance or service building operated by a public utility or any transmission facility of a public utility which does not meet the definition of an essential service.
RECREATION, PRIVATEAn enterprise, the use of which is limited to members and their guests, operated by an individual, association or corporation, other than a public entity, whether or not for profit and whether or not the facilities are advertised to the general public, including either indoor or outdoor facilities for the pursuit of sports, recreation and leisure activities, including, but not limited to, such establishments as country clubs, golf course, sportsmen's clubs, golf practice facilities, playing fields, tennis or racquet clubs, fitness clubs, swimming pools and similar facilities.
RECREATION, PUBLICAn enterprise operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation or leisure activities, including, but not limited to, parks, playgrounds, playing fields, golf courses, golf or batting practice facilities, ice rinks, tennis courts, swimming pools, street hockey, basketball courts and similar facilities.
RECREATIONAL VEHICLEA single axle or multiple axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle, for the purpose of travel, camping, vacation and recreational use, including, but not limited to: travel trailers, mobile homes, motor homes, tent trailers, boats, boat trailers, pick-up campers, horse trailers, snowmobiles and all-terrain vehicles.
RESEARCH LABORATORYOffices used for the investigation and refinement of scientific knowledge, including the engineering and industrial application of such knowledge, but not including the mass production of products thus engineered. Commercial servicing or repair of commercial products is not included nor is external display of any materials or products.
RIGHT-OF-WAYAn area of land reserved or dedicated for public or private purposes to provide access across property of another.
SCHOOLSee "educational, religious or philanthropic organization."
SCHOOL, COMMERCIALA privately operated, for profit establishment providing technical or skilled training, vocational or trade educational courses and programs.
SCREENING FENCEA fence constructed so that the surface area is at least 80% opaque to obscure vision from one side of the fence to the other and which may include solid or nearly solid fence members or other opaque screening material inserted through the openings, excluding cyclone fencing with vinyl inserts.
SECURITY ILLUMINATIONA minimum level of illumination necessary for safety of pedestrians and vehicles in parking areas and around the outside of buildings or structures.
SEMI-NUDEA 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.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) 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 semi-nude.
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center, as defined herein.
SIGNAny surface, fabric, device or structure bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view.
SIGN, SURFACE AREA OFThe smallest rectangle or other regular shape which encompasses all of the letters, symbols and accompanying designs, together with background on which they are displayed, but not including any supporting structures. In computing the area of a double-faced sign, only one side shall be considered. If a sign is comprised of more than two sides, the area of each side shall be considered in calculating sign area.
SLOPEThe degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise or descent in elevation by the number of feet or horizontal distance, expressed as a percentage.
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 ACTIVITIESAny of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) Masturbation, actual or simulated.
(4) Excretory functions as part of or in connection with any of the activities set forth in Subparagraphs (1) through (3) above.
STORYThat part of any building, inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
STREETA public street, public easement, right-of-way, public highway, public alley, public way or public road accepted or maintained by a municipality, or open for travel and use by the public, whether or not so accepted or maintained, including the entire area within the right-of-way thereof.
STRUCTURAL ALTERATIONAny change in the support members of a building such as bearing walls, columns, beams or girders; changes in the means of ingress and/or egress; enlargement of floor area or height of a structure; or relocation of a structure from one position to another.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION REGULATIONSThe Subdivision and Land Development Ordinance [Chapter
22] of the Borough of Thornburg, Allegheny County.
SWIMMING POOLA container of water used for swimming or bathing purposes, of any depth or size if wholly or partially sunk beneath adjacent ground level. If erected above ground, the same shall be covered under the terms of this chapter only if it has at least one dimension greater than 15 feet, or is more than 36 inches in depth. As herein defined, the term "swimming pool" shall be deemed to be a structure.
TEMPORARY CONSTRUCTION TRAILERA mobile unit temporarily placed on a construction site to provide temporary offices, storage or construction supervision on the site during the time when a valid building permit or grading permit is in effect.
TEMPORARY USE OR STRUCTUREAny use or structure, other than a temporary construction trailer, which may be a principal use on a lot or accessory to an existing principal use on a lot intended to be used for six consecutive months or less.
TOWNHOUSEA multi-family residential building no more than 2 1/2 stories in height which contains at least three but no more than eight dwelling units, each of which are separated from the adjacent unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below it.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESSAny of the following:
(1) The sale, lease or sublease of the business.
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
USEAny activity, business or purpose for which any lot or structure is utilized.
USE BY SPECIAL EXCEPTIONAn authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria specified in this chapter after public hearing.
VARIANCEA departure from the strict letter of this chapter, as it applies to specific properties, as authorized by the Zoning Hearing Board in accordance with the standards specified in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
VEHICLE RENTALThe rental of automobiles, motorcycles and trucks under 26,000 pounds GVW, but not including any heavy equipment or any other vehicle or equipment which is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
VEHICLE SALESThe sales and servicing of automobiles, motorcycles and trucks under 26,000 pounds GVW, but not including any heavy equipment or any other vehicle or equipment that is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
WAREHOUSING AND DISTRIBUTIONA building used for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles.
WHOLESALE SALESA business primarily engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public which includes the warehousing of merchandise and which may include distribution of such merchandise on the site of the principal business.
YARDA required open space located on a lot which is unobstructed by any portion of a principal structure other than certain projections expressly permitted by this chapter.
YARD, FRONTA yard extending across the full lot width and abutting the front lot line. The depth measurement required by this chapter for the front yard shall be the horizontal distance between the front lot line and a line parallel or concentric thereto known as the building line.
YARD, REARA yard extending across the width of the lot between the side yards and adjacent to the rear lot line. The minimum depth measurement required by this chapter shall be the horizontal distance between the rear lot line and a line parallel thereto.
YARD, SIDEA yard extending between the front yard line and the rear yard line parallel to the side lot line. The minimum width measurement required by this chapter shall be the horizontal distance between the side lot line and a line parallel thereto.
ZONING DISTRICTGeographic areas within the Borough in which the uses to which land can legally be utilized are designated and for which the boundaries are described in Part
3 and are shown on the Zoning Map which is part of this chapter.
ZONING HEARING BOARDThe Zoning Hearing Board appointed by Borough Council whose jurisdiction is specified in Part
13 of this chapter.
ZONING MAPThe official map delineating the Zoning Districts of the Borough of Thornburg, Allegheny County, Pennsylvania, together with all amendments subsequently adopted.
ZONING OFFICERThe designated official or an authorized representative appointed by Borough Council whose duty it shall be to administer this chapter.
ZONING ORDINANCEThis chapter adopted by the Borough of Thornburg, including all amendments to this chapter, now or hereafter enacted.