201.1

For the purpose of this Ordinance, certain terms and words used herein shall be interpreted or defined as follows:

Words used in the present tense shall include the future.

Words in the singular shall include the plural.

The word "person" includes a corporation, company, partnership and association, as well as an individual.

The word "lot" includes the words "plot" or "parcel."

The term "shall" is always mandatory.

The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designated to be used or occupied."

The word "building" includes the word "structure."

201.2

The particular shall control the general.

201.3

Whenever a measurement of distance is called for by this Ordinance, it shall be taken from the principal entrance or access of one use or structure to the principal entrance/access of another along the most direct line or route on, along or across public streets.

In addition to the following definitions, diagrams illustrating key lot, area and dimensional terms appear at the end of this Article. In case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

ACCESSORY DWELLING STRUCTURE—An accessory building that is used to provide a living space separate from the primary structure for a person, or persons, related by birth, marriage or adoption to the residents of the primary structure.

ACCESSORY USE—A use, building or structure, the use of which is customarily incidental and subordinate to the main or principal use, building or structure and which is located on the same lot therewith.

ADULT ORIENTED USE—the definition for this term and for all uses included under this term shall apply as are provided in Title 68, Part II, Subpart E, Chapter 55, Section 5502 of the Pennsylvania Consolidated Statutes, as amended [68 Pa. C.S. § 5502]. Such definitions in Pennsylvania Statues are hereby included by reference, including, but not limited to, the definitions for "Adult Bookstore," "Adult Entertainment," "Adult Mini-Motion Picture Theater," "Adult Motion Picture Theater," "Sexual Activities," "Specified Anatomical Areas," and "Specified Sexual Activities."

AGRI-BUSINESS, SALES AND PROCESSING—Any agricultural operation, other than a Concentrated Animal Feeding Operation (CAFO) or Concentrated Animal Operation (CAO), that involves the production, value-added processing, sales and tasting of horticulture, floriculture, viticulture, food or beverage, cider-press, [or] baking, which occurs within an enclosed permanent structure, including convenience retail.

AGRICULTURE—See Urban Agriculture.

ALLEY—A narrow service way providing a secondary public means of access to the rear or side of properties otherwise abutting on a street.

ALTERATION—An incidental change, rearrangement, replacement or enlargement in the structural parts or in the means of egress, whether by extending on a side or by increasing in height, or the moving from one location or position to another; or by change in use from that of one district classification to another.

APARTMENT—(See dwelling, multifamily).

APPLICANT—A landowner or developer, as hereinafter defined, who has filed an application for development including his/her heirs, successors and assigns.

ATHLETIC FIELDS—A piece of land prepared for playing a game. This definition includes Waynesburg University's Football Stadium

BAR AND NIGHTCLUB—A business which sells alcoholic beverages for consumption on the premises as the principal use and which may offer food for consumption on the premises as an accessory use.

BASEMENT OR CELLAR—A story wholly or partly underground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than 5 feet.

BED AND BREAKFAST—A dwelling which is the principal residence of the operator where sleeping rooms are offered to transient overnight guests for compensation and where the only meal included with the overnight accommodations is breakfast.

BILLBOARD—A sign, other than one indicating a business conducted on the premises, upon which advertising matter of any character is printed, posted or lettered; it may be either freestanding or attached to the surface of a building or other structure, or applied directly to the surface (See also Sign).

BLOCK—An area bounded by three or more streets.

BOARD—The Zoning Hearing Board established by this Ordinance.

BUFFER AREA—An area of land which may include natural or artificial land forms or a planted area with shrubs, bushes, trees, grass or other ground cover material; which provides a compact visual screen and protection for adjacent properties.

BUILDING—Any covered structure that is permanently affixed to the land; included shall be all manufactured homes and trailers to be used for human occupancy.

BUILDING AREA—The area of the lot within the building lines, bounded by the required yards; where there is no required yard, then bounded by the lot line.

BUILDING LINE—A line which designates the minimum distance that a building must be erected from a street right-of-way line. Such distance shall be measured at right angles from the front street right-of-way which abuts the property upon which said building is located and be parallel to said right-of-way line. The building line shall not include steps.

BUILDING SPACING—The minimum distance between two buildings. The building spacing shall be measured from the outermost wall or projections, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters, provided these exceptions do not encroach more than 2 feet.

BULK—The term used to describe the size of buildings and their relationship to one another, to open areas, and to lot lines. Requirements relating to the bulk include standards for size, including area, height and floor area of a building; the number of dwelling units in a residential building in relationship to the area of the lot; and areas in yards or other open spaces.

BUSINESS SERVICES—Establishments engaged in rendering services to businesses and offices, including, but not limited to, advertising; mailing; data processing; office supplies; building maintenance; equipment servicing, rental, leasing and sales; employment service and other similar business services.

CANOPY—A lightweight structure attached to the ground and/or to a wall and extended over a sidewalk or other pedestrian walkway, where such structure is used primarily for purposes of shelter and not advertising.

CARPORT—A structure used for the shelter of a vehicle and which includes a roof attached to the side or back of the principal building and/or supported by four columns and which is open on two or more sides from the roof to the ground over which it stands (unless specified otherwise herein).

CAR WASH—A structure, or portion thereof, either fully or partially enclosed, where one or more vehicles may be washed using mechanized equipment or by self-service.

CELLAR—(See Basement).

CEMETERY—A burial place or graveyard including mausoleum, but not including a crematory.

CERTIFICATE OF OCCUPANCY—A certificate issued by the Zoning Officer upon site inspection, attesting that the use or structure meets all requirements of this Ordinance, complies with all approved plans and may be used or occupied for the specified use.

CHURCH—(See Place of Worship).

CLEAR SIGHT TRIANGLE—A triangular area of unobstructed vision at the intersection of two streets or of a driveway and a street defined by line of sight a given distance from the intersection of the center lines of two streets or the center lines of the driveway and the street.

CLINIC, DRUG TREATMENT—A facility for the dispensing of pharmaceuticals for the treatment of drug addiction, including, but not limited to, suboxone and methadone clinics.

CLUB—An association organized and operated not for profit for persons who are bona fide members paying annual dues, and which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws.

COLLEGE ADMINISTRATION/OFFICES—A building or group of buildings used for administrative, executive, professional, research or laboratory activities officially affiliated with a college.

COLLEGE CLASSROOMS—Educational facilities owned and operated by a college for the purpose of group instruction.

COMMERCIAL—Engaging in a business, enterprise, activity, or other undertaking for profit.

COMMERCIAL RECREATION—Bowling alleys, billiard and pool halls, golf courses (regular and miniature), gymnasiums, exercise or fitness centers, swimming pools, and similar uses, which are operated on a commercial, for-profit basis.

COMMERCIAL SCHOOL—An establishment providing non-academic and non-credited training, vocational or trade education courses and programs for a fee.

COMMON OPEN SPACE—A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents or occupants of the development, but excluding streets, off-street parking areas, and areas set aside for public facilities.

COMMUNITY CENTER—A structure or area used for fraternal, social, cultural, and/or recreational programs generally open to the public and designed to serve significant segments of the local community.

COMMUNITY GARDEN—Any community-driven production of horticulture, floriculture, viticulture and vegetable production for sales and meeting the needs of a charitable food distribution system.

CONDITIONAL USE—An authorized use, which may be granted only by the Governing Body pursuant to express standards and criteria prescribed in this Ordinance and defined in Article VI in the M.P.C. [53 P.S. § 10601 et seq.].

CONDOMINIUM—Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. For purposes of this ordinance, condominium refers to a method of owning real estate and not to a type of unit or structure.

CONTRACTOR'S OFFICE—The office for businesses engaged in the building trades including: general contractors; highway and street construction; heavy construction; plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; masonry and other stonework; carpentry and flooring; roofing and sheet metal; concrete work; water well drilling; and similar trades. This does not include the exterior storage of equipment and supplies.

CONSTRUCTION—The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

CONSTRUCTION SIGN—A temporary sign erected during the course of construction only announcing the name of the contractors, architects, and owner associated with this project.

CONSTRUCTION TRAILER—A vehicle with or without its own motive power and used for a temporary field office or storage purposes at a construction site.

CONVERSION APARTMENT—A dwelling or other building existing at the effective date of this Ordinance which is converted for residential occupancy by more than one family, provided that the exterior design of structure is not changed from the character of a single-family unit, and further provided that each dwelling unit resulting from such conversion shall comply with regulations provided for in Article IV of this Ordinance.

CORNER LOT—(See Lot, Corner).

COUNCIL—The Council of the Municipality of Waynesburg.

COUNTY—Greene County, Pennsylvania.

DAY—Days shall be measured by calendar days wherever a time period is stipulated in this Ordinance.

DAY CARE CENTER—The following are types of day care centers:

CHILD—A facility providing care, supervision and/or Instruction for children under the age of 12 years for a period of less than 24 hours and licensed to operate as such by the Pennsylvania Department of Public Welfare.

ADULT—A facility providing care for less than 24 consecutive hours for adults who are not relatives of the operator and who because of physical or mental infirmity require assistance to meet personal needs, but who do not require nursing care.

DECK—A structure, either built on-grade or above grade, used for outdoor seating or gathering that does not contain walls but may contain a roof or handrail.

DENSITY—A measure of intensity of use expressed as in dwelling units per acre.

DEVELOPER—Any landowner, agent of such landowner or tenant with the permission of such landowner, who undertakes a development.

DEVELOPMENT—Any change to real estate; including, but not limited to, the erection, construction or placement of a structure or building, utilities, streets, parking and loading areas or other paved filling, grading, excavation, mining, drilling or dredging operations, the placement of manufactured homes, and the subdivision of land.

DEVELOPMENT PLAN—The provisions for the development of a site, including a plan or subdivision, all covenants relating to use, location and bulk of building and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

DEVELOPMENT SIGN—A temporary sign, erected during the course of construction and/or development only, by the owners, developer or their agent.

DORMITORY—Building and premises where full-time students reside and are currently enrolled in a college or university.

DUPLEX—(See Dwelling, Two-Family).

DWELLING—Any building or portion thereof constituting a separate independent housekeeping establishment for one or more persons, and containing independent cooking, sanitary and sleeping facilities. It shall not be deemed to include hotels, nursing homes, institutional facilities, personal care homes, group residences, and residence clubs.

DWELLING, MANUFACTURED HOME—A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations. The manufactured home must bear a label, as required and referred to in the Act of November 17, 1982 (P.L. 676, No. 192), known as the Manufactured Housing Construction and Safety Standards Authorization Act [35 P.S. § 1656.1], which certifies that it conforms to Federal Construction and safety standards adopted under the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633), nor shall it apply to industrialized housing, as defined in the Act of May 11, 1972 (P.L. 286, No. 70), known as the Industrial [Industrialized] Housing Act [35 P.S. § 1651.1 et seq.]. Except as provided in the Uniform Construction Code, said Code does not apply to a new manufactured housing assembled by and shipped from the manufacturer and which bears said label.

DWELLING, MULTIFAMILY—A residential building containing three or more separate dwelling units.

DWELLING, SINGLE-FAMILY DETACHED—A detached residential dwelling unit, occupied by only one family, that has a permanent footing and foundation and complies with the building code requirements. This category includes modular homes.

DWELLING, TOWNHOUSE—A set of three or more attached dwelling units, which are completely separated from each other by one or two vertical party walls.

DWELLING, TWO-FAMILY—A detached building, occupied by only two families, independent of each other, with two units either attached side by side or one above the other with each unit having means of egress directly to the outside, at grade, or via an exterior stair to grade.

ELDERLY HOUSING—A residential building containing dwelling units whose principal use is occupancy by residents who are sixty (60) years of age or older or physically handicapped residents of any age and which may contain special features associated with the needs of the elderly or handicapped which are not usual in construction for dwellings and must conform to present A.D.A. design requirements.

ELECTRONIC NOTICE—A notice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.

ENGINEER—A professional engineer licensed as such in the Commonwealth of Pennsylvania, and duly appointed as the engineer for the municipality.

EXISTING USE OR STRUCTURE—A use or structure in existence as of the effective date of this Ordinance.

FAMILY—One or more persons related by blood, adoption, or marriage, occupying a dwelling and living and cooking together as single housekeeping units as distinguished from a group occupying a personal care home, club, fraternity or hotel. Or a group of not more than four persons, who need not be related by blood, marriage or adoption, who are living together in a dwelling unit and maintaining a common household.

FAMILY DAY CARE—A residential accessory use providing supervision and activities, including nutritional, developmental, rehabilitative, habilitative, recreational and educational needs, for a portion of a twenty-four (24) hour day to up to six children unrelated to the operator.

FARMER'S MARKET—A pre-designated area, with or without temporary structures, where vendors and individuals who have raised vegetables or produce (or have taken the same on consignment for retail sale) sell vegetables, produce, flowers, orchard products, locally produced packaged food products, and/or animal agricultural products.

FENCE—Any structure constructed of wood, metal, wire, mesh or masonry erected for the purpose of screening one property from another to assure privacy, protection or confinement of the property.

FINANCIAL INSTITUTION—Financial or fiduciary institution, including savings and loan, finance companies, credit unions and other similar institutions that provide retail banking services to individuals or businesses.

FLOODPLAIN—A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; and/or an area subject to the unusual and rapid accumulation or runoff of surface waters.

FLOODPLAIN DISTRICT—All areas subject to the inundation by waters of the 100-year flood, including areas identified as floodway (FW), flood-fringe (FF) and general floodplain area (FA). The basis for delineation of this district shall be the same as designated in the documentation of the Flood Insurance study, the Flood Insurance Rate Map and the Flood Boundary and Floodway Map for the Municipality, as prepared by the Federal Emergency Management Administration (FEMA).

FLOOR AREA RATIO—The gross floor area of the structure divided by the lot area of the zoning lot on which the building is place.

FRONT YARD—(See Yard, Front).

FUNERAL HOME—A building or part thereof used exclusively for human burial services. Such building may contain space and facilities for:

1.

Embalming and the performance of other services used in the preparation of the dead for burial;

2.

The performance of autopsies and other surgical procedures;

3.

The storage of caskets, funeral urns, and other related funeral supplies; and

4.

The storage of funeral vehicles, but shall not include facilities for cremation.

GARAGE—A fully enclosed building for the storage of motor vehicles, not including buildings in which fuel is sold, or repair or other service is performed.

GASOLINE SERVICE STATION—Building and premises where petroleum products, batteries, tires and automobile accessories may be supplied and sold at retail, and where services may be rendered in connection with these products, such as state inspection, greasing, hand washing, polishing, lubricating and similar services, and minor repair work.

GRADE—A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and lot line or, when the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building.

GROSS LEASABLE AREA (GLA)—Total floor area designed for the exclusive use and occupancy of building occupants, including basements, mezzanines and upper floors, but not including public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms lobbies or mall areas, whether open or enclosed. GLA shall be measured from the center line of joint partitions and from the outside wall faces. It is the area upon which tenants pay rent, including sales area and integral stock areas.

GROUP CARE FACILITY—An establishment that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by governmental agencies or any licensed nonprofit social service corporation. Supervision shall be provided by responsible adults whose number shall be determined and certified by the sponsoring agency. However, one (l) responsible adult shall always be in actual residence on a twenty-four (24) hour basis. The number of residents within this structure shall not exceed ten (10) persons, including supervisory adults. This category shall not include facilities for persons who are criminal offenders or who are awaiting trial for any crimes.

HEIGHT, MAXIMUM—The vertical distance measured from the average of the elevation of the proposed finished grades immediately adjacent to all exterior walls of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures required to operate and maintain the building on which they are located shall not be included in calculating maximum height.

HOME-BASED BUSINESS, NO-IMPACT—A business or commercial activity administered or conducted as an accessory use which is clearly secondary 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. Must satisfy the following requirements:

1.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

2.

The business shall employ no employees other than family members residing in the dwelling.

3.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

4.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

5.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

6.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

7.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

8.

The business may not involve any illegal activity.

HOME OCCUPATION—An occupation conducted in a dwelling unit solely by members of the family residing on the premises, provided such occupation shall be clearly incidental and subordinate to the unit's residential purpose and shall be conducted entirely within the principal residential structure with the exception of horticulture, floriculture, viticulture and vegetable production for value-added processing, which can occur outside of the principal dwelling.

HOSPITAL—A duly licensed institution providing acute medical or surgical care and treatment for the sick and injured.

HOTEL/MOTEL—A building or group of buildings containing rooms, which provide sleeping accommodations for transient guests on a daily or weekly basis. The term shall include motor hotel, motor inn, motor lodge, tourist court, inn and similar uses.

IMPERVIOUS SURFACE—A surface which resists the entrance or passing through of water or other liquids.

INDUSTRIAL—(See Manufacturing).

INSTITUTIONAL FACILITY—An establishment that provides room and board to more than eight persons who are residents by virtue of receiving supervised, specialized services limited to health, social and/or rehabilitative nature. The facility is operated by a governmental agency, their licensed or certified agents or any other responsible social service corporation. The facility shall be appropriately staffed on a 24-hours basis as normally prescribed by County or Commonwealth regulations. This facility shall not include business or professional offices, business activities, fraternal or social clubs, hospitals, nursing homes, rooming or boarding homes.

JUNKYARD—(See Salvage Yard).

KENNEL—Any lot or premises on which four or more dogs, cats or other domestic animals, at least four months in age are kept.

LAND DEVELOPMENT—Shall include one of the following:

1.

The improvement of one lot, or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

a.

a group of two or more buildings; or

b.

the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

2.

A subdivision of land.

3.

Development in accordance with Section 503(1.1) of the M.P.C. [53 P.S. § 10503(1.1)].

LANDOWNER—The legal or beneficial owner of land including the holder of an option or contract to purchase (whether or not such an option or contract is subject to any condition); a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in the land, shall be deemed to be a landowner.

LAUNDROMAT—An establishment that is primarily engaged in dry cleaning and laundry services including the pressing, repair, and dry cleaning of clothing, apparel, or other fabric.

LIBRARY—Any premises, building or part of a building where books, films, maps and other educational materials are kept for reading, reference and lending by the public.

LIGHT INDUSTRIAL—A use engaged in the manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, and sales and distribution of such products.

LOADING SPACE, OFF-STREET—Off-street space conveniently located, accessible and properly designed for the temporary use by vehicles making bulk pickups or deliveries of merchandise or materials.

LOT—Any parcel or tract of land on which buildings are placed, together with the required open spaces, or a vacant parcel as established by a plat. Such lot shall front on an improved public street or on an approved private way.

LOT, CORNER—A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

LOT, INTERIOR—A lot other than a corner lot with frontage on only one street.

LOT, THROUGH—A lot with the frontage on two parallel, or approximately parallel, streets and which is not a corner lot; may also be referred to as a double frontage lot.

LOT AREA—The total area within the boundary of a lot but excluding any area of land within the right-of-way of any public street.

LOT AREA PER DWELLING UNIT—The quotient obtained by dividing the total lot area by the total number of dwelling units to be located on such lot.

LOT COVERAGE—That percentage of a lot which when viewed directly from above would be covered by a structure or structures, or any part thereof, excluding protecting roof eaves.

LOT DEPTH—The distance between the midpoints of the front lot line and the rear lot line.

LOT LINE, FRONT—A street right-of-way line forming the boundary of a lot.

LOT LINE, REAR—The lot line that is most distance from, and is, or is most nearly, parallel to, the front lot line. If a rear lot lines is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot lines shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line. If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.

LOT LINE, SIDE—A lot line which is neither a front lot line nor a rear lot line.

LOT WIDTH—The distance between the side lot lines measured at right angles to the lot depth at the established front building line.

MANUFACTURED HOME LOT—A parcel of land in a manufactured home park, improved with the necessary utilitie [utility] connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is sold or leased by the park owner to the occupants of the manufactured home erected on the lot.

MANUFACTURED HOME PARK—A parcel (or continuous parcels) of land, which has been planned for the placement of two or more manufactured homes.

MANUFACTURING—Businesses engaged in the mechanical or chemical transformation of materials or substances into new, value-added products including agriculture, food and beverage production or processing, or businesses engaged in assembling component parts of manufactured products if the new product is neither a structure nor other fixed improvement.

MANUFACTURING OF PA LIQUOR CONTROL BOARD (LCB) CONTROLLED BEVERAGES—Any business holding a license issued by the LCB to engage in the manufacture, transportation and sale of malt or brewed beverages, also any person engaged in the legal manufacture of malt or brewed beverages within the territorial limits of the United States, outside the Commonwealth of Pennsylvania.

MEDICAL MARIJUANA—Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16 [35 P.S. § 10231.101 et seq.].

MEDICAL MARIJUANA DISPENSARY—A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the Commonwealth to dispense medical marijuana.

MEDICAL MARIJUANA, GROWING/PROCESSING—A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the Commonwealth to grow and process medical marijuana.

MEDICAL OFFICE/CLINIC—A facility for the examination and treatment of ill and afflicted human out-patients, including doctor and dental offices and urgent care clinics, provided that patients are not kept overnight except under emergency conditions.

MICROBREWERY—Establishment engaged primarily in the retail sale of prepared food for consumption, which includes the brewing of beer as an accessory use. The brewing operation produces beer and ale by mashing, cooking and fermenting and does not include the production of any other alcoholic beverage.

MIXED USE OR OCCUPANCY—The conduct or carrying on of two or more uses in one building or on one zoning lot.

MOBILE HOME—Factory built homes not bearing a label, as required and referred to in the Act of November 17, 1982 (P.L. 676, No. 192), known as the Manufactured Housing Construction and Safety Standards Authorization Act, which certifies that it conforms to Federal Construction and safety standards adopted under the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633) [35 P.S. § 1656.1 et seq.], nor shall it apply to industrialized housing, as defined in the Act of May 11, 1972 (P.L. 286, No. 70), known as the Industrial [Industrialized] Housing Act [35 P.S. § 1651.1 et seq.], and the Pennsylvania Uniform Construction Code. Normally, these homes are constructed prior to 1976.

MODULAR HOMES—Sectional prefabricated buildings that consist of multiple modules or sections which are manufactured in a facility and then delivered to their intended site of use. The modules are assembled into a single building using either a crane or trucks. Modular homes are designed for erection or installation on a site-built permanent foundation or designed to be moved once so erected or installed on the site-built permanent foundation. Modular homes are designed and built to conform to the Pennsylvania Uniform Construction Code with a building permit is required from the Code Enforcement Officer of the Borough. A Manufactured Home is not Modular Home. Modular Homes are single-family dwellings.

MUNICIPALITIES PLANNING CODE (PLANNING CODE FOR MPC)—The Pennsylvania Municipalities Planning Code, Act 247 of 1968 (P.L. 805, No. 247, as amended, 53 P.S. 10101 et seq.) [53 P.S. § 10101 et seq.].

NONCONFORMING LOT—A lot which does not comply with the applicable area and bulk provisions of this ordinance or an amendment hereafter enacted, which lawfully existed prior to the enactment of this Ordinance or any subsequent amendment.

NONCONFORMING STRUCTURE—A structure, or part of a structure manifestly not designed to comply with the applicable area, bulk or other provisions in this ordinance or an amendment hereafter enacted, which lawfully existed prior to the enactment of this Ordinance or any subsequent amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE—A use, whether of land or of structure, which does not comply with the applicable use provisions in which this Ordinance or an amendment hereafter enacted, which lawfully existed prior to the enactment of this Ordinance or any subsequent amendment.

NURSERY/GREENHOUSE—The indoor raising of plants, shrubs, and trees for sale and transplantation.

NURSING HOME, INSTITUTIONAL FACILITY—An institution for the care of children, the aged or infirm, who are residents by virtue of requiring specialized care and supervision relating to health, social and/or rehabilitative services. The facility shall be licensed or certified in accordance with state and county laws and regulations. The term shall not include facilities or acute care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.

OFFICE, BUSINESS/PROFESSIONAL—The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person; and any office used primarily for accounting, correspondence, research, editing or administration. Not included in this definition are banks and other financial institutions.

OPEN SPACE—Land set aside and used for recreation, agriculture, resource protection or a buffer area, which is freely accessible to all residents of a development although restrictions may apply to agricultural areas. Open space does not include land occupied by nonrecreational buildings, roads and required parking areas or yards of dwelling units required by this Ordinance. Open space is normally left in a natural state, except if safely precludes this, and also with the exception of recreation areas which may be surfaced.

PA DEP—The Pennsylvania Department of Environmental Protection.

PENNDOT—The Pennsylvania Department of Transportation.

PARKING SPACE—An off-street space for parking motor vehicles and which has a hard, all-weather surface (asphalt, concrete covered to permit reasonable use at all times) and is at least 9 feet wide by 18 feet long, exclusive of passageways, driveways and access lanes.

PERIMETER—The outer boundary of a development site or area.

PERSON—An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PERSONAL CARE HOME—A facility licensed by the Commonwealth located within a dwelling where room and board is provided to more than three (3) permanent residents who are not relatives of the operator and who are mobile or semi-mobile and require specialized services in such matters as bathing, dressing, diet, and medication prescribed for self-administration for a period exceeding twenty-four (24) hours, but who are not in need of hospitalization or skilled or intermediate nursing care.

PERSONAL SERVICE—A commercial establishment providing services and/or goods to individuals. This includes, but is not limited to, barber shops, beauty salons, dressmakers and seamstresses, tailoring, massage therapy business, shoe repair, and similar such establishments.

PLACE OF WORSHIP—A church, synagogue or similar place where religious services are held.

PLANNING COMMISSION—The Municipality of Waynesburg Planning Commission.

POLITICAL SIGN—A temporary sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue of concern which a public election is scheduled to be held.

PORCH—A roofed, open structure projecting from the front, side or rear wall of a building, and having no enclosed feature of glass, wood or other material more than 30 inches above the floor thereof, except awning or screening or the necessary columns to support the roof.

PRINCIPAL BUILDING—A building or buildings in which is conducted the main or principal use of the lot on which the building is situated.

PRINCIPAL USE—The main use of land or structures as distinguished from the subordinate or accessory use.

PRINTING AND PUBLISHING ESTABLISHMENT—Establishments whose primary business is engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) copying and other quick printing services; and establishments serving the printing trade such as bookbinding, type-setting, engraving, photoengraving and electrotyping. This group also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices.

PRIVATE—Of or pertaining to any building, structure use or activity limited to members of an organization or to other persons specifically invited or permitted where no advertisement or inducement has been made to the general public.

PRIVATE CLUB—An association organized and operated not for profit for persons who are bona fide members paying annual dues and which premises are restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the common objective of the organization and, provided that such sale is in compliance with all applicable federal, state, county, and local laws.

PUBLIC—Of or pertaining to any building, structure, use or activity belonging to, or affecting, any duly authorized government body.

PUBLIC/ESSENTIAL SERVICE—Underground or overhead gas, electrical, steam, water or communication transmission, distribution, collection, supply or disposal systems and their required buildings and fire or emergency service stations, provided such facilities are owned and operated by a governmental agency or entity regulated and/or licensed by the Pennsylvania Public Utility Commission (PUC). Public/essential services shall not include public or private incinerators, landfills, or similar waste disposal facilities, whether or not owned or operated by a government or PUC-regulated entity.

PUBLIC MEETING—A forum held pursuant to notice under the act of July 3, 1986, (P.L. 388, No. 84), known as the "Sunshine Act" [65 Pa. C.S. § 701 et seq.].

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

PUBLIC PARKING GARAGE—A building with multiple stories of off-street parking spaces where vehicles are temporarily stored with or without a nominal fee, in association with occupational, retail, entertainment, recreational, municipal, educational or residential use(s).

PUBLIC PARKING LOT—Any lot, parcel or yard used regularly in whole or part for the storage or parking of more than two vehicles where such usage is not incidental to or in conjunction with a one- or two-family home.

PUBLIC PARKS/RECREATION—Land or buildings for the pursuit of sports and similar leisure time activities such as parks, swimming pools, tennis courts or ball fields, which are operated by governmental or nonprofit organizations. Excluded are any amusement establishments or other recreational facilities of a commercial nature (see Commercial Recreation).

PUBLIC USE OR BUILDING—Building or facility operated by a governmental agency or philanthropic organization, where administrative activities are conducted or social or educational services are provided to the public. Such uses shall include, but are not limited to, a municipal/county building, library, community center, museum, or similar use/facility, excluding a school or recreational facility as defined by this Ordinance.

RADIO, TELEPHONE OR SATELLITE DISH ANTENNA—Any structure or device used for the purpose of collecting or transmitting, electromagnetic waves, including, but not limited to, direction antennas (such as panels, microwave dishes) and satellite dishes and omni-directional antennas (such as wind antennas).

RAILROAD OR TRUCK TERMINAL—The premises and building(s) where cargo is stored and where railroad cars and trucks load and unload cargo for shipment or distribution on a regular basis, and which may include facilities for the temporary storage of loads prior to shipment and facilities for the maintenance of transport vehicles.

RECREATIONAL VEHICLE—A single or multiple-axle, non-self-propelled or self-propelled structure mounted on wheels or otherwise capable of being made mobile for the purpose of travel, recreational and vacation use, including, but not limited to, travel trailers, motor homes, tent trailers, boats and boat trailers, horse trailers, or campers.

RESEARCH AND DEVELOPMENT—A use devoted to research design, laboratory work and or experimentation and any processing and fabrication incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on the premises for sale except such as are incidental to said laboratory research, design and or experimentation conducted on said premises.

RESTAURANT—A structure in which the principal use is the preparation and sale of food and beverages, where food sales constitute more than 80 percent of the gross sales receipts for food and beverages. Primary food service is via tableside ordering and/or consumption but can include a delicatessen and curb-side pickup. Take-Out service is permitted, but drive-through service is not permitted.

RETAIL STORE—Commercial establishments engaged in selling merchandise directly to customers for personal or household consumption and rendering services incidental to the sale of goods.

CONVENIENCE RETAIL—Establishments selling merchandise for daily consumption and purchase, such as food drugs and similar items. For purposes of this Ordinance, eating and drinking establishments are excluded from this category.

SHOPPER'S RETAIL—Establishments selling a wide variety of comparison goods, such as apparel, furniture, household and electrical appliances, hardware, sporting goods, computers and specialty merchandise such as jewelry, stationery, antiques and gift items. For purposes of this Ordinance, retail sales of building materials; plumbing, heating, electrical and ventilating materials and equipment; garden supplies; automobiles, trucks and other vehicles; boats; gasoline; and automotive parts are excluded from this category.

In determining the applicability of any specific use to this definition, the Municipality shall be guided by the groupings utilized in the federal Standard Industrial Classification Manual (most current edition).

SALVAGE (OR JUNK) YARD—Any area where scrap metal, paper, rags, tires and other waste and/or used materials are brought, sold, exchanged, stored, bailed, packaged, disassembled or handled; or where inoperable machinery or motor vehicles are collected, dismantled, stored or sold for parts. Any use conducted entirely within an enclosed building is not a salvage yard.

SCHOOL—A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all the requirements of the PA Department of Education for providing primary, secondary, vocational or post-secondary education. This definition shall not include privately operated, for-profit schools of trade, vocation, avocation or business.

SCREEN—Decorative fending or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.

SELF SERVICE STORAGE UNITS—A building or group of buildings in a controlled and fenced compound that contains varying sizes of individual compartmentalized, and controlled access stalls or lockers which are leased to individuals for the storage of the individual's property, possessions or wares. All storage shall be with a completely enclosed building or buildings. There shall be minimum spacing of twenty-five (25) feet between buildings for traffic circulation, parking and fire lane purposes. All outside lighting shall be directed away from adjacent properties.

SERVICE BUSINESS—Commercial establishments that provide a wide variety of services for individuals, business and government establishments and other organizations.

PERSONAL SERVICES—Establishments providing services generally involving the care of the person or his/her apparel such as laundries, dry cleaning shops (excluding dry cleaning plants), barber/beauty shops, photographic studios, shoe repair, baking and catering and similar services. For the purposes of this Ordinance, funeral homes/mortuaries and vehicular repair services are excluded from this category.

BUSINESS SERVICES—Establishments providing services primarily to business establishments on a fee or contract basis, such as advertising and public relations, management and consulting services, security and maintenance services, equipment rental/leasing, computer and data processing services.

In determining the applicability of any specific use to this definition, the Municipality shall be guided by the groupings utilized in the federal Standard Industrial Classification Manual (most current edition).

SHOPPING CENTER—A group of more than three commercial businesses developed as a single entity and sharing a common parking lot.

SIGN—A structure that is arranged, intended, designed or used to advertise, announce or direct; or any device, illustration, description or identification posted, painted, or placed in some fashion on a building, structure or any surface for such a purpose. For the purpose of removal, signs shall also include all sign structures.

AWNING, CANOPY SIGN—A sign consisting of individual cut-out letters and/or symbols which are painted, stenciled, or otherwise placed on a non-permanent awning or canopy.

BILLBOARD—An off-premises sign which advertises an establishment, activity, person, product or service which is unrelated to or unavailable on the premises where the building is located.

BUILDING SIGN—An on-premises sign permanently affixed to a building, including:

(i)

BUILDING IDENTIFICATION SIGN—A sign containing only the name and address of the occupant of the premises, or in the case of a multifamily building containing only the name and address of the building.

(ii)

CANOPY (OR AWNING) SIGN—A sign that functions as a roof-like shelter, either permanent, retractable or removable, made of canvas or other material that is affixed to a building or self-supporting and provides protection from sun, rain, snow and other elements but excluding marquees.

(iii)

MARQUEE SIGN—A sign that is attached to, in any manner, or supported by a permanent roof-like shelter extending from part of all of a building face and may or may not project over the public right-of-way.

(iv)

PROJECTING SIGN—A sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.

(v)

WALL SIGN—A sign attached to and erected parallel to the face of an outside wall of a building, projecting outward no more than six (6) inches from the wall of the building.

(vi)

WINDOW SIGN—A sign or group of signs affixed to the inside of a display window in a commercial establishment which advertises a product or service available on the premises or which announces or promotes a special sale or special event.

FREESTANDING SIGN—An on-premises sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, including:

(i)

GROUND (OR MONUMENT) SIGN—A sign having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign.

(ii)

ON-LOT DIRECTIONAL SIGN—A sign which conveys instructions or directions with respect to the use of the lot or building on which the sign is located, including, but not limited to, signs which indicate street addresses and the availability of parking, telephones rest-rooms, and other conveniences for the general public.

(iii)

POLE SIGN—A sign that is supported from the ground by an exposed pole(s) or a three-dimensional support structure that is less than one-third (1/3) the width of the sign face.

(iv)

PYLON SIGN—A sign that is supported by one or more structural elements which are architecturally similar to the design of the sign or where the support structure is more than one-third (1/3) the width of the sign face.

TEMPORARY SIGN—A sign that is not permanently affixed to the ground, building or structure and is temporary in nature, designed to be removed upon conclusion of an event or within a specified time period including:

(i)

CONSTRUCTION—A sign announcing the name of contractors, mechanics or artisans engaged in performing work on the premises.

(ii)

DEVELOPMENT—A sign erected during the period of construction and/or development of a property by the contractor and developer or their agent.

(iii)

PORTABLE—A sign that is not permanently affixed to a building, a structure or the ground which is designed to be moved from place to place, such as sandwich board signs.

(iv)

REAL ESTATE—A sign advertising the sale or rental of premises. The sign may also bear the words "sold," "sale pending" or "rented" across their face.

(v)

SPECIAL EVENT DISPLAY—A banner, flag, pennant or similar display constructed of durable material and affixed to the wall of a building or a freestanding structure erected whose sole purpose is to advertise a special event.

SIGN AREA—The area defined by the frame or edge of a sign, excluding the necessary supports or uprights on which the sign may be placed. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the copy of letters of the said sign. If the sign consists of more than one section or module, all areas shall be totaled.

SIGN FEATURES:

CHANGEABLE COPY—A sign whose informational content can be changed or altered by manual or electronic means. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this Chapter.

DIGITAL—A sign with a fixed or changing message composed of a series of lights, including light emitting diode (LED), which may be changed through electronic means without altering the face or surface of the sign.

INDIRECTLY ILLUMINATED—A sign which is lighted by means of lamps or lighting devices external to, and reflected on, the sign, which lighting is stationary and constant in intensity and color at all times and which is shielded so that the illumination is concentrated on the face of the sign and there is no spillover of illumination or glare beyond the face of the sign.

INTERNALLY ILLUMINATED—A sign which is lighted by means of lamps or lighting devices internal to the sign, which lighting is either behind the face of the sign or is an integral part of the sign structure and the advertising effect.

SITE PLAN—A plan of a proposed development or use on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings any other information deemed necessary by the Municipality or prescribed by this Ordinance.

SLOPE—The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage based upon vertical distance in feet per 100 feet or horizontal distance.

SOLAR ENERGY SYSTEM, SMALL—An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users. A solar energy system may be ground-mounted (i.e., placed on top of the ground surface) or roof-mounted (i.e., placed on or as an integral part of a building). A small solar energy system is for personal use in residences, commercial properties and institutions (as opposed to installed on large parcels of land for the purpose of generating revenue or utility-scale systems designed to benefit the community or an entire institution).

SPECIAL EXCEPTION—Approval for a particular use granted by the Zoning Hearing Board, according to the provisions contained in this Ordinance and Articles VI and IX of the M.P.C. [53 P.S. § 10601 et seq.].

STEPS—A construction or series of constructions placed for a foot support to effectuate the ascending or descending of a person or persons from one level of elevation to another.

STORAGE SHED—A small accessory structure, either wholly or partially enclosed, serving for storage of tools, equipment, supplies or other similar materials for safekeeping.

STORY—A story is that part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is 6 feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than 2 feet below the top plate shall be counted as a story; and, if less than 2 feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story if it averages more than 5 feet above grade.

STREET—Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other way, whether public or private, used or intended to be used by vehicular or pedestrian traffic.

STREET GRADE—The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

STREET LINE—The line defining the edge of the legal width of a dedicated street right-of-way.

STREET TYPE—Streets may be classified according to the following [types]:

STREET, ARTERIAL—Streets designed to carry high volumes of traffic from one area of the community to another to link one community with another.

STREET, COLLECTOR—Streets designed to collect traffic from local streets and then to convey it to the major arteries.

STREET, LOCAL—Streets designed to serve only the traffic needs of and provide access to a limited area or neighborhood.

STRUCTURE—Any assembled, erected or constructed object having a stationary location on or in land or water, whether or not it is affixed to the land. This includes, but is not limited to, carports, porches, storage sheds or containers, freestanding posts, pillars and similar uses. It shall not include sidewalks, driveways, or patios.

STUDENT—A person who is registered to be enrolled or who is enrolled and matriculating at a post-secondary school as a student or who is on a semester or summer break from studies at a post-secondary school.

STUDENT HOUSING—A building which contains a dwelling unit occupied by two or more students who are not related to each other by birth, adoption or marriage.

SUBDIVISION—The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future of lease, transfer of ownership, or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new structure or easement of access, shall be exempted.

SWIMMING POOL—A body of water in an artificial or semi-artificial receptacle or other container, whether located in or out of doors, used as a recreational facility for swimming, bathing or wading and having a depth of over 24 inches. A swimming pool shall be deemed to include all building, equipment and appurtenances incidental to such a pool.

TEMPORARY STRUCTURE OR USE—Any structure or use which, by the type of materials, construction or intended purpose, is erected or located for not more than twelve months. Included are tents, stands, construction trailers and other structures or uses of similar character.

TRAILER—A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes having a body width not exceeding 8 feet.

URBAN AGRICULTURE—The use of land for horticulture, floriculture, viticulture, and vegetables.

USE—The specific purpose of which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The terms "permitted use," "conditional use" or "special exception use" shall not be deemed to include any nonconforming use.

VARIANCE—Permissive waivers from the terms of this Ordinance, granted by the Zoning Hearing Board in case where a literal enforcement of provisions of the Ordinance will result in unnecessary hardship, due to special conditions that are not self-imposed by the property owner, provided the variance is determined not to the contrary to the public interest and the spirit and intent of this Ordinance as defined in Articles VI and IX of the M.P.C.

VEHICULAR REPAIR GARAGE—Any building or premises where automobile repairs take place. This includes rebuilding or major reconditioning of work or damaged motor vehicles or trailers or any parts thereof, collision service, painting and engine steam cleaning.

VEHICULAR SALES/SERVICES—Any facility or lot used for the sale or repair of motor vehicles.

VETERINARY OFFICE (CLINIC OR HOSPITAL)—An establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine, dentistry or surgery for animals. Accessory uses may include the confinement of animals for medical reasons, grooming and destruction.

WHOLESALE DISTRIBUTION AND WAREHOUSING—Businesses primarily engaged in storing and selling merchandise to retailers; to industrial, commercial, institutional, or professional users; or, to other wholesalers.

WIND ENERGY SYSTEM, SMALL—All equipment, machinery and structures utilized in connection with the conversion of kinetic energy of wind into electrical power. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which have a total rated nameplate capacity of not more than 100kW/0.1MW.

WIRELESS COMMUNICATIONS FACILITIES—The following definitions pertain apply to wireless communications facilities:

ACCESSORY EQUIPMENT—Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment.

ANTENNA—Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

BASE STATION—A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.

(i)

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-fi) and fixed wireless services (i.e., point to point microwave transmissions) such as microwave backhaul.

(ii)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

(iii)

The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this subpart, supports or houses equipment described in sub-paragraphs (i) and (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(iv)

The term does not include any structure that, at the time the relevant application is filed with the Borough under this section, does not support or house equipment described in sub-paragraphs (i) or (ii) of this section.

COLLOCATION—The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

DISTRIBUTED ANTENNA SYSTEM (DAS)—A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.

ELIGIBLE FACILITES REQUEST—Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE—Any tower or base station, provided that it is existing at the time the relevant application is filed.

EQUIPMENT COMPOUND—An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

FT. WORTH ATTACHMENT—A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

MINIMUM FUNCTIONAL HEIGHT—Minimum height necessary for a WCF to function satisfactorily.

MODIFICATION—The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MONOPOLE—A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

REPLACEMENT—The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

RIGHT-OF-WAY (ROW)—The surface of and space above and below any real property in the municipality in which the federal government, Commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, Commonwealth, municipality or municipal authority, and any non-exclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the Right(s)-of-Way.

SITE—For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

STEALTH TECHNOLOGY—State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.

SUBSTANTIAL CHANGE OR SUBSTANTIALLY CHANGE—A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(i)

For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than ten feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

(ii)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(iii)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(iv)

It entails any excavation or deployment outside the current site.

TOWER—Any structure that exceeds ten feet (10') in height and is built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-fi) and fixed wireless services (i.e., point to point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth Attachment shall not be considered a tower.

TOWER-BASED COMMUNICATIONS FACILITIY (Tower-Based WCF)—Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure) to support the weight of a WCF is not considered a new Tower-Based WCF.

TRANSMISSION EQUIPMENT—Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul.

WIRELESS—Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)—The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.

WIRELESS COMMUNICATIONS FACILITY (WCF) ON EXISTING STRUCTURE—Wireless communications facilities located on existing structures such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

WIRELESS SUPPORT STRUCTURE—A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including, but not limited to, buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.

YARD—An open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. (See illustrations).

YARD, FRONT—A yard extending along the full width of a front lot line and back to the required building line. On corner and through lots, front yards shall be provided along all street frontages.

YARD, REAR—The required open space extending from the rear of the main building to the rear lot line (not necessarily a street line) across the entire width of the lot.

YARD, SIDE—The required open space between the side (face) of any buildings and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed as a side line. In the case of a through lot, side yards shall extend from the rear line of the required front yards. On corner lots, one yard not fronting on the two streets shall be designated a side yard.

ZONING CERTIFICATE—A certificate issued by the Zoning Officer, stating that the purpose for which a building or land is to be used complies with all applicable requirements of this Ordinance for the zoning district in which it is located or is to be located.

ZONING HEARING BOARD—The Zoning Hearing Board of the Municipality of Waynesburg.