For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCELERATED EROSION. The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
ACCESSORY STRUCTURE. A subordinate structure detached from but located on the same lot as a principal building. The use of an ACCESSORY STRUCTURE must be an accessory to the use of the principal building. ACCESSORY STRUCTURES include garages, decks, fences and structures required for urban agriculture.
ACCESSORY USES. A subordinate use which is clearly incidental and related to that of a main structure or main use of land.
ADULT ENTERTAINMENT ESTABLISHMENT.
(1) Any theater, shop, bookstore, model studio, sexual encounter center, massage, massage parlor, escort service, adult cabaret, adult motel or other establishment which at any time displays motion picture films, videotapes, books, magazines, publications or other forms of adult entertainment of a sexual nature or content including, but not limited to, the display of any motion picture, videotape, book, magazine, dancing or any other form of live theater production and entertainment which is X-rated, is pornographic or obscene, depicts any live or simulated sex act or includes exposed male or female genitalia.
(2) Inclusive in this definition of ADULT ENTERTAINMENT are the following means of representing activities herein described.
(a) LIVE THEATER PRODUCTION. Any dramatic, musical or comedic production performed in the presence of a live audience.
(b) MASSAGE. Any method of treating superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading or any similar treatment, accomplished by hand, or any part of the human body, or by the use of any instrument.
(c) MASSAGE PARLOR. Any building or structure or portion thereof, located within the district, which is opened to members of the general public, with or without the payment of a fee, at which massage services are offered.
(d) MODEL STUDIO.
1. Any place where there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for person who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the place;
2. Any place where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted;
3. Exception: the words MODEL STUDIO do not include any studio which is operated by any state college or junior college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the commonwealth for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or
4. Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in division (2)(d)1. above.
(e) MOTION PICTURE FILM. Includes any:
1. Film or plate negative;
2. Film or plate positive;
3. Film designed to be projected on a screen for exhibition;
4. Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; and
5. Video tape or any other medium used to electronically reproduce images or a screen.
(f) NUDE. Includes:
1. Completely without clothing; and
2. With the human male or female genitals, pubic area or buttocks with less than a full opaque covering or the showing of the breast with less than a fully opaque covering of any portion thereof below the top of nipple, or the covered male genital in a discernibly turgid state.
(g) OBSCENE MATTER. Any matter:
1. Which the average person, applying contemporary standards, would find, when considered as a whole, appeals to the prurient interest;
2. Masturbation, excretory functions or exhibition of the genitals or genital areas;
3. Ultimate sexual acts, normal or perverted, actual or simulated; and
4. The matter taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
(h) PUBLICATION. Includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, motion picture film or internet or computer transmissions which is displayed in an area open to the public, offered for sale or exhibited in a coin-operated machine, or for any other type of admission or exhibition fee.
AGRICULTURAL ACTIVITIES. Activities including, but not limited to, livestock and poultry raising; field, row and tree crops; forest and tree products; sale of products produced on the premises; and other customary farm structures. Not included are farm-oriented commercial or industrial activities or operations, such as food or livestock processing plants, holding pens, slaughterhouses or similar uses which handle products not produced on the immediate premises.
APPLICANT. A landowner, or developer, as hereinafter defined, who has filed an application for development including his or her heirs, successors and assigns.
ARRAY. Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
ASSISTED LIVING RESIDENCE. Any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.
AUTOMOBILE REPAIR. Any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers or similar vehicles including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones.
AUTOMOBILE SALES. Sales, leasing, rental and related servicing of new and used automobiles, light trucks, vans and sports utility vehicles, boats, off-road vehicles and recreational vehicles limited to a capacity of not more than one and one-half tons, motorcycles, motor scooters, mopeds, all-terrain vehicles, snowmobiles, go-carts, utility trailers and similar items; excluding, however, commercial wrecking, dismantling or junkyard.
BANK AND FINANCIAL INSTITUTION. A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments and fiduciary activities.
BAR or TAVERN. A licensed business selling alcoholic beverages for consumption on the premises.
BASEMENT. A story partly below ground and having one-half or more of its height below the average level of the adjoining ground.
BASIC GRADE. The 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 be 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.
BED AND BREAKFAST. A transient lodging establishment, generally in a single-family dwelling or detached guest houses, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.
BILLBOARDS. A sign, greater than 50 square feet in area, displaying advertising, whether of a stable or changeable copy nature, which pertains to a business, organization, event, person, place, service or product not principally located or sold on the premises upon which said sign is located.
BMP (BEST MANAGEMENT PRACTICES). Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements and to promote groundwater recharge.
BOARD. The Zoning Hearing Board of the borough.
BOROUGH. The Borough of North Braddock, Allegheny County, Pennsylvania.
BUILDING-INTEGRATED SYSTEM. A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surface of walls, window openings and roofing. A BUILDING-INTEGRATED SYSTEM may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semi-transparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.
BUILDING-MOUNTED SYSTEM. A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the borough and that is either the principal structure or an accessory structure on a recorded lot or parcel. This system also includes any solar-based architectural elements.
CAR WASH. Mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets.
CELL. The smallest basic solar electric device which generates electricity when exposed to light.
CEMETERY. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such CEMETERY.
CHILD DAY CARE.
(1) A public, private, non-profit or profit facility regulated and licensed by the Pennsylvania Department of Public Welfare (“DPW”), providing care or supervision to children, excluding:
(a) Care provided by the operator to his or her relatives (child, step-child, grandchild or foster-child); and
(b) Care furnished in places of worship during religious services.
(2) The following are the categories of child day care:
(a) CHILD DAY CARE CENTER. The premises in which care is provided at any one time for seven or more children unrelated to the operator.
(b) LARGE FAMILY CHILD DAY CARE HOME/GROUP CHILD DAY CARE HOME. The premises in which care is provided at one time for more than six but fewer than 16 older than school-age level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises.
(c) SMALL FAMILY CHILD DAY CARE HOME. A home other than the child’s own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator.
CHURCH, PLACE OF WORSHIP. A building or structure, or group of buildings or structures that by design and construction are primarily intended for conducting organized religious services.
CIVIC, SOCIAL AND FRATERNAL CLUB. Buildings and facilities, owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, to which membership is required for participation, and not primarily operated to render a service that is carried on as a business.
CLEAR SIGHT-TRIANGLE. The 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 line(s) (or right-of-way line and a driveway).
COMMON OPEN SPACE. A parcel or parcels of land or an area of water, or combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMONWEALTH. The Commonwealth of Pennsylvania.
COMMUNICATION ANTENNA (CO-LOCATION). The use of a single mount or tower by more than one carrier for the mounting of communications antennas.
COMMUNICATION FACILITIES. A communications tower and all appurtenant communications antennas, communications equipment buildings, accessory buildings and all other structures and devices necessary for the operation of the communications tower and its communications antennas within the required fenced area.
COMMUNICATIONS ANTENNA. Any device used for the transmission or reception of radio, television, wireless telephone, personal communications services (PCS), pager, commercial mobile radio service or any other wireless communication signals, including without limitation omnidirectional antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including ham or citizen band radio antennas.
COMMUNICATIONS TOWER. A structure other than a communications equipment building designed and used to solely support communications antennas.
COMMUNITY CENTER. A public, quasi-public or privately maintained institution devoted exclusively to a variety of group activities, civic, social, recreational, educational and/or cultural, and maintaining the premises and facilities appropriate for such activities; provided, however, that the said premises shall not include living quarters for persons other than those engaged in the conduct and/or maintenance of the institution.
COMPREHENSIVE PLAN. The comprehensive plan of the borough.
CONDITIONAL USE. A use permitted in a particular zoning district pursuant to the provisions of this chapter and Pa. Mun. Plan Code, 53 P.S. Article VI 53 P.S. §§ 10601 et seq.
CONTRACTOR’S YARD. Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.
CONVERSION DWELLING. A dwelling unit, two or more of which have been created by the subdivision of any structure or any single dwelling unit whether or not structural alterations or additions are entailed.
COUNCIL. The Borough Council of the Borough of North Braddock.
COUNTRY CLUB or GOLF COURSE. A recreational facility operated by a public or private entity which has, as its principal use, facilities for playing golf and which may include one or more of the following accessory uses: a clubhouse and/or restaurant; locker rooms; pro shop; swimming pool; and facilities for racquet sports.
CREMATORIUM. A location containing properly installed, certified apparatus intended for use in the act of cremation.
DEP. The Pennsylvania Department of Environmental Protection.
DEVELOPER. Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLAN. The provisions for development, including a Planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase PROVISIONS OF THE DEVELOPMENT PLAN when used in this chapter shall mean the written and graphic materials referred to in this definition.
DRIP LINE. The outermost edge of a roof including eaves, overhangs and gutters.
DRIVE-THROUGH FACILITY. Any portion of a building or structure from which business is transacted or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DRY CLEANING PROCESSING FACILITY. A building, portion of a building or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel or articles of any sort using volatile solvents and the processes incidental thereto.
DWELLING UNIT. One or more living or sleeping rooms which are arranged, designed, used or intended for use as living quarters. A DWELLING UNIT shall have permanent sanitary facilities; permanent facilities for sleeping, cooking and eating, and be served by a heating system capable of providing 68°F throughout the unit when outside temperature is 0°F.
EARTH DISTURBANCE. A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and moving, disposing, stockpiling or storing of rock or earth materials.
EGRESS. A continuous and clear path of travel from any point in a building or structure to a public street.
ELECTRONIC CHANGEABLE COPY BILLBOARDS. A billboard that is capable of changing its content through electronic signals.
ELECTRONIC NOTICE. Notice given by the borough 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.
EROSION AND SEDIMENTATION CONTROL PLAN. A plan for the project site which identifies BMPs to minimize accelerated erosion and sedimentation.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of public utilities or municipal or other governmental agencies, underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communication facilities, communications towers and communications antennas, as defined herein.
FAMILY. One or more individuals living together as the functional equivalent of a FAMILY where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A FAMILY includes, for example, the residents of residential care facilities and group homes for people with disabilities. A FAMILY does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.
FENCE. A barrier constructed of materials other than shrubbery and erected for the purpose of protection, confinement, enclosure or privacy.
FITNESS CLUB or GYM. An establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses.
FLOOR AREA. In a dwelling, the sum of the horizontal areas of all rooms used for habitation but not including cellars, attics, unheated rooms, nor rooms without either a skylight or window. In a store, shop, restaurant, club or funeral home, the sum of the horizontal areas of all space to which the customer has access and excluding storage, office, other preparation or administrative spaces. GROSS FLOOR AREA is the sum of the horizontal area of all floors of a structure and its accessory buildings as measured between the exterior faces of walls.
FORESTRY. The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONT YARD DEPTH. The prescribed minimum open space extending across the entire width of the lot between the front line of building and street right-of-way.
FUNERAL HOMES and MORTUARIES. A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
GARAGE (PRIVATE). A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
GARDEN CENTER, PLANT NURSERY, LANDSCAPING BUSINESS or GREENHOUSE. A commercial activity devoted to the raising and sale of plants and implements for gardening.
GASOLINE SERVICE STATION. Any premises used for the storage and/or sale at retail of gasoline, petroleum products and automotive accessories and/or the rendering of services in connection with these products including inspection, greasing, washing, polishing, servicing and adjustment of vehicles. Automobile car rental service is permitted provided the number of vehicles, visible on the premises at one time does not exceed three vehicles (trucks, cars or trailers). This definition does not include separate automobile laundering or washing facilities commonly known as a “car wash” or “auto spa”.
GOVERNING BODY. The Borough Council of the Borough of North Braddock, Allegheny County, Pennsylvania.
GROUND-MOUNTED SYSTEM. A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.
GROUP RESIDENCE. A dwelling unit in a residential area where room and board are provided to six or fewer unrelated persons of any age who are permanent residents, including necessary staff who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents; such services being provided by a governmental agency, its licensed or certified agents or any other responsible nonprofit corporation meeting the minimum requirements of the sponsoring agency. This category shall not include facilities operated by or under the jurisdiction of any government bureau of corrections or similar institution.
HALFWAY HOUSE. A group residence for those who have completed treatment at a rehabilitation facility, whether criminal in nature or not, but are not yet ready to return to independent living in the community and where residents participate in structured programs designated to ease successful reintegration into society.
HEARING. An administrative proceeding conducted by a board pursuant to Pa. Mun. Plan Code, 53 P.S. § 10909.1.
HEIGHT. The vertical distance from the average contact ground level at the front wall of a structure to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
HOME OCCUPATION. An occupation carried on in a dwelling solely by the dwellers therein as a secondary use which may include the employment of only one assistant. The use of mechanical equipment, noticeable noise, odor or other nuisance, shall be governed by the performance standards of this chapter. The display, storage or sale of goods, signs or advertisement of commodities or services related to the conduct of a retail business is not a home occupation.
HOSPITAL. A building or part thereof used for the medical, psychiatric, obstetrical or surgical care on a 24-hour basis. The term HOSPITAL shall include facilities used for medical research and training for health care professions, general hospitals, mental hospitals, tuberculosis hospitals, children’s hospitals and any such other facilities, which provide in-patient care. A HOSPITAL shall be licensed as such by the commonwealth.
HVAC. Equipment used to heat, cool or ventilate a structure.
INTERCONNECTION. The technical and practical link between the solar generator and the grid providing electricity to the greater community.
JUNK. Scrap or waste material of whatsoever kind or nature collected or accumulated for resale, disposal or storage.
JUNKYARD. Any lot or parcel, building or structure used in whole or in part for the storage, collection, processing or disposal of junk.
KENNEL. A facility for the boarding of animals, the breeding of small animals such as dogs and/or cats, or the boarding, grooming, sale or training of small animals such as dogs and/or cats for which a fee is charged.
KILOWATT (kW). A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A WATT is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).
LANDOWNER. The 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 or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LIBRARY. A room or building for exhibiting, or an institution in charge of, a collection of books; artistic, historical or scientific objects.
LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LONG-TERM NURSING CARE FACILITY. A facility licensed by the Department of Health that provides skilled or intermediate nursing care or both levels of care to two or more patients, who are unrelated to the nursing home administrator, for a period exceeding 24 hours.
LOT. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT, AREA OF. The horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT COVERAGE. The area of a lot or parcel which is covered by main and/or accessory buildings or structures.
LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines.
LOT OF RECORD. Any lot which individually or as a part of a subdivision, has been recorded in the County Department of Real Estate.
LOT, WIDTH OF. The mean width measured at right angles to its depth.
LOT, ZONING. A parcel of land, fronting on a street, which is or may be occupied by a structure with accessory uses and structures and the open spaces required under this chapter, including easement areas if any, but not including any public or private street or alley.
MAILED NOTICE. Notice given by the borough by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
MANUFACTURING. The mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semi-finished products.
MANUFACTURING, LIGHT. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. LIGHT MANUFACTURING includes, but is not limited to, the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; wood products; printed material; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; light-weight nonferrous metal castings; film processing; light sheet metal products; plastic goods; pharmaceutical goods and food products; but not animal slaughtering, curing, nor rendering of fats.
MARINA, RECREATIONAL BOAT DOCKING. Any establishment for the launching, mooring, serving and/or storage (wet and dry) of recreational boats and/or other water vessels, including the sale of provisions, supplies and fuel for such boats. Such use may also include a boat and motor sales establishment and live-aboard vessels.
MAXIMUM EXTENT FEASIBLE. No feasible and prudent alternative exists, and all possible planning to minimize potential harm has been undertaken.
MEDICAL FACILITIES. A facility for the examination and treatment of ills and afflicted human outpatients provided, however, that patients are not kept overnight except under emergency conditions and includes doctor and dental offices and clinics.
METHADONE TREATMENT FACILITY. A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
MINERAL EXTRACTION. Includes all activity which removes from the surface or beneath the surface of the land some material mineral resource, natural resource or other element of economic value by means of mechanical excavation necessary to separate the desired material from an undesirable one, or to remove the strata or material which overlies or is above the desired material in its natural condition and position.
MINERALS. Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MOBILE 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, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT. A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARK. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODULE. The smallest protected assembly of interconnected PV cells.
MOTEL, HOTEL or INN. A building, or a group of buildings, having units containing sleeping accommodations which are available for a temporary, rental occupancy by transients and providing sufficient off-street parking facilities adjacent or convenient thereto. A tourist home containing provisions or facilities for accommodation of more than four transient occupants not normally quartered on the premises shall be considered as a MOTEL facility under the provisions of this chapter.
MULTI-FAMILY DWELLING.
(1) A building containing three or more independent dwelling units.
(a) GARDEN APARTMENT. One which is generally located in a structure containing not less than four dwelling units; not exceeding four stories in height; sometimes designed around courts or common green spaces; often having private balconies or patios; and, frequently exhibiting different facades and design features between structures in a garden apartment complex. Elevators must be provided for all floors above the second floor.
(b) TOWNHOUSE. A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front or rear wall to be used for access, light and ventilation.
(2) Other structures of three or more independent dwelling units.
MUNICIPAL ENGINEER. The appointed professional engineer of the borough.
NET METERING AGREEMENT. An agreement with a local electrical utility that allows customers to receive credit for surplus electricity generated by certain renewable energy systems.
NO IMPACT HOME BASED BUSINESS. 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. The business or commercial activity 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.
NONCONFORMING LOT. A lot the area or dimension of which was lawful prior to the adoption or amendment of this zoning chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGN. Any lawful sign which does not conform to the applicable sign regulations of the district in which it is located, either on the effective date of this chapter or as a result of subsequent amendments thereto.
NONCONFORMING STRUCTURE. A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the zoning chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. 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 this zoning chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM). The federal government’s system for issuance of permits under the Clean Water Act, being 33 U.S.C. §§ 1251 et seq., which is delegated to the DEP in this state.
OCCUPANCY PERMIT. A document issued by the Zoning Officer upon completion of the construction of a structure, or change in use of structure or parcel of land, or change of occupancy of structure, and indicating that the use and structure is in compliance with this chapter, that all conditions attached to the granting of the zoning certificate have been met, and that the structure and land may be occupied and used for the purposes set forth in the zoning certificate.
OFFICES, GENERAL. All offices related to insurance, real estate service, business services, advertising, duplicating, legal services, any professional offices and similar functions requiring the use of the property for general offices or personal services.
OFF-PREMISES SIGN. A sign other than one indicating a business conducted on the premises, upon which advertising matter of any character is printed, posted or lettered and it may be either freestanding or attached to a surface of a building or other structure. A structure, building wall or other outdoor surface used by display lettered or pictorial or other matter to publicize and aid the sale of any product, commodity or service.
PENNSYLVANIA MPC. The Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq.
PERSONAL CARE HOME.
(1) A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.
(2) The term includes a premises that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services, but who are not receiving the services.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel including, but not limited to, barber and beauty shops, dog grooming, tailor, dressmaker, shoe repair, photographer, laundry and the like.
PERSONAL STORAGE FACILITY. A building or group of buildings in a controlled access and usually fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer’s goods or wares.
PHOTOVOLTAIC (PV). A semiconductor based device that converts light directly into electricity.
PLANNED RESIDENTIAL DEVELOPMENT. An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of the zoning regulations.
PLANNING COMMISSION. The planning agency of the Borough of North Braddock, Allegheny County, Pennsylvania.
PRIVATE GARAGE. An accessory building for the storage of one or more private motor vehicles owned and used by the owner or tenant of the premises provided that no business, occupation or service is conducted nor space therein leased to a nonresident of the premises.
PUBLIC FACILITIES. Any facility, including, but not limited to, buildings, property, recreation areas and roads, which are leased or otherwise operated or funded by a governmental body or public entity.
PUBLIC HEARING. A formal meeting held pursuant to public notice by the governing body or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania MPC.
PUBLIC MEETING. A forum held pursuant to notice under 65 Pa.C.S. Ch. 7 (relating to open meetings).
PUBLIC NOTICE. Notice published once each week for two successive weeks in a newspaper of general circulation in the borough. 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 PARKING GARAGE. A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking garage structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
PUBLIC SURFACE PARKING. A parking area for motor vehicles where there is no gross building area below the parking area and no gross building area or roof above the parking area.
REAR YARD DEPTH. The prescribed minimum open space extending across the entire width of the lot between the back line of the building or accessory structure and the rear lot line.
RECREATION FACILITY, INDOOR. An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized or franchised sports, including, but not limited to, basketball, hockey, wrestling, soccer, tennis, volleyball, racquetball or handball. Such facility may also provide other regular organized or franchised events, snack bar, restaurant and retail sales of related sports, health or fitness items and other support facilities.
RECREATION FACILITY, OUTDOOR. A recreational land use conducted outside of a building including uses such as athletic fields, miniature golf, skateboard park, swimming, bathing, wading and other therapeutic facilities, tennis, handball, basketball courts, batting cages and trampoline facilities.
RESEARCH AND DEVELOPMENT FACILITY. Any establishment which carried on basic, applied, industrial and/or scientific investigations and/or research, including laboratories and testing facilities, in the natural, physical or social sciences or engineering and development and/or testing as an extension of such research with the objective of creating end products; and which may include pilot manufacturing, as an accessory use. The term also includes medical laboratories where prosthetic devices or medical equipment testing takes place exclusively on written work order of a licensed member of the dental or medical profession, but excludes other medical testing; and further specifically excludes the housing of animals or activities requiring overnight stays by subjects or investigators, biological engineering, gene enhancement and/or biological re-engineering.
RESTAURANT (EATING AND DRINKING ESTABLISHMENT). Any building, structure of facility in which food is prepared or processed for sale to the general public, and where tables, chairs and/or counters are provided for the consumption of prepared foods entirely within the walls of the principal structure.
RETAIL SHOP OR ESTABLISHMENT. An establishment that offers items for sale and includes building materials, hardware, general merchandise, food products, new and used automobile sales (excluding gasoline service stations), clothing, apparel and clothing accessories, furniture, home furnishing and similar equipment, sporting goods, drugs, specialty food shops, paint stores, electrical supplies, variety stores, department stores, bakeries, dairy products, household appliances, and similar retail or general commercial outlets.
ROOMING HOUSE. A residential building with three or more sleeping rooms for lodgers, and wherein no dining facilities are maintained for the lodger.
SCHOOL. Any public, parochial or private place of instruction, not including institutions of higher learning, having regular sessions, with regularly employed instructors or teachers, who are certified by the Pennsylvania Department of Education in accordance with such standards as the State Board of Education may establish, which teach those academic subjects that are fundamental and essential in general education, and which provide kindergarten, elementary or secondary stages of education, or a vocational school, under the supervision of the commonwealth or lawfully constituted ecclesiastical governing body and with standards of instruction meeting the requirements of the commonwealth, including intermediate units established by the public school system of the commonwealth, but excluding any privately operated school of trades, vocations, avocations, business and institutional schools, or drug or alcohol addiction program or foundation.
SCREENING. Relative to this chapter shall mean a fence, evergreen hedge or wall at least six feet high, provided in such a way that it will block a line of sight. The SCREENING may consist either of one or several rows of bushes or trees or of a constructed fence or wall.
SEAT. A fixed seat in a theater, auditorium or meeting room, or 24 lineal inches of an installed bench or pew, or in the absence of these, six square feet of floor space in the seating area.
SECURITY ILLUMINATION. Level of illumination in prescribed areas of 0.25 footcandles.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site or origin by air, water, gravity or ice and has come to rest on the earth’s surface.
SIDE YARD WIDTH. The prescribed minimum open space extending from the side of any building or accessory structure to the side lot line throughout the entire depth of the yard. Any lot line not a rear line or a front line shall be deemed as a SIDE LINE.
SIGN. Any surface, fabric or device bearing lettered pictorial or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboards, poster panels or other graphic displays) designed to carry the above visual information.
SINGLE-FAMILY DWELLING. A detached building designed for or used exclusively for residential purposes by one family.
SITE. A lot, tract or parcel of land or a series of lots, tracts or parcels of land which are adjoining where earth disturbance activities are continuous and performed at the same time.
SITE PLAN. A map of a final development plan to be officially recorded after approval by the borough.
SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and the refining of their byproducts.
SOLAR-BASED ARCHITECTURAL ELEMENT. Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV related equipment.
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT. Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.
SOLAR PHOTOVOLTAIC (PV) SYSTEM. A solar collection system consisting of one or more building and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A SOLAR PV SYSTEM is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and do not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.
SPECIAL EXCEPTION. A use permitted in a particular zoning district pursuant to the provisions of Pa. Mun. Plan Code, 53 P.S. Articles VI and IX.
STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicle traffic or pedestrian, whether public or private.
STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO). The Allegheny County Subdivision and Land Development Ordinance.
SURETY BOND. An agreement between a landowner or his or her agent or a builder or developer and the borough providing for full payment to the borough for any improvements promised by the landowner builder of developer but not completed within the time prescribed by the promissory agreement.
SURFACE WATERS OF THE COMMONWEALTH. Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface water or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
SWIMMING POOL. A 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.
TRACKING SYSTEM. A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production either with a single-axis or dual axis mechanism.
TRANSPORTATION TERMINAL. Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The TERMINAL cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The TERMINAL FACILITY may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. The TERMINAL may also serve as a passenger station that is central to an area and serves as a junction at any point with other line. A bus terminal would be a central point for passengers, and a truck terminal would be a central point for freight.
TWO-FAMILY DWELLING. A detached building designed for or containing two independent dwelling units.
UNREGULATED YARD AREA. Area not within a building and not in a defined setback or yard area.
URBAN AGRICULTURE, ACCESSORY USE. Small scale agricultural activities conducted on a lot or site in conjunction with an authorized principal use and where products raised or produced are primarily intended for consumption or use of the occupants of the premises.
URBAN AGRICULTURE, LIMITED (NO ANIMALS). Agricultural activities intended primarily for the growing of crops and in which no livestock, bees, poultry or other farm animals are kept or raised. Limited agricultural uses are intended to allow for the growing of agricultural products on vacant lots or properties as a permissible principal use.
USE. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.
VARIANCE. Relief granted pursuant to the provisions of this chapter and Pa. Mun. Plan Code, 53 P.S. Articles VI and IX.
WAREHOUSE. A building used primarily for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles.
WHOLESALE DISTRIBUTION. An establishment primarily engaged in selling merchandise to retailers, institutional, industrial, commercial or professional business customers or other wholesalers, rather than the general public, or acting as a broker for such merchandise sales. WHOLESALE DISTRIBUTION includes the warehousing of merchandise and distribution of such merchandise from the site of the principal business to other wholesale or retail businesses or institutional customers.
YARD. An open, unoccupied space, other than a court, not occupied with a building, open and unobstructed from the ground to the sky, except as otherwise provided herein.
(1) REQUIRED FRONT YARD. A yard across the full width of the lot extending from the front yard line to a line full parallel therewith and a distance therefrom as prescribed in this chapter.
(2) REQUIRED REAR YARD. A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
(3) REQUIRED SIDE YARD. A yard between the required front and rear yards, extending from the side line of the lot to a line parallel therewith and a distance therefrom as prescribed in this chapter.
(4) REQUIRED YARD. A yard between the lot line and the buildable area, of the dimensions required by this chapter.
ZONING DISTRICT. A district of the borough into which the borough has been divided for the purposes of zoning as set forth in this chapter.
ZONING HEARING BOARD. The Zoning Hearing Board of the borough.
ZONING OFFICER. The Zoning Officer of the borough with such powers and duties as are conferred in this chapter.
ZONING PERMIT. A document issued to an applicant by the Zoning Officer certifying that the proposed use of land and structures, the characteristics of the uses and the approved site plan are in conformance with all pertinent provisions of this chapter, and authorizing the applicant to proceed with the preparation and development of such land and structure.
(Ord. 1089, passed 5-19-2014)