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ACCESSORY BUILDING
A building or structure subordinate to the main building on a lot and used for purposes customary and incidental to those of the main building. An accessory building shall be subject to the requirements of § 400-34 hereof.
ACCESSORY USE
A use subordinate to the main use of land or of a building and customary and incidental thereto, including but not limited to the use of a building as a private garage. An occupation carried on in a residential zone must meet the definition of "no-impact home-based business" to be permitted as an accessory use. An accessory use shall be subject to the requirements of § 400-34 hereof.
ACT
The Pennsylvania Oil and Gas Act, Title 58 of the Pennsylvania Consolidated Statutes, as amended.
BILLBOARD
Any board, wall, fence, screen or other device or structure in the nature thereof used or employed for the posting, painting or affixing thereon of advertising matter.
BOROUGH
The Borough of Fox Chapel.
BOROUGH PLAN
The Comprehensive Development Plan for the Borough of Fox Chapel, dated July 1987, and prepared by the Fox Chapel Planning Commission, which plan was received by Borough Council, as said plan may be amended, revised or superseded from time to time.
BUILDING
A roofed structure for the shelter, housing or enclosure of persons or property; the term shall include all inflatable enclosures of ground space and any other similar or domed structure.
BUILDING LINE
A line through a lot, parallel to the street line, and situated at a distance from said street line equal to the distance shown on the subdivision plan, as approved, or the minimum setback distance for the district concerned, whichever is greater.
BUILDING WIDTH
Shall be measured as set forth in § 400-71E of this Part 1.
COMMON OPEN SPACE
A parcel or parcels of land or water, or a combination of land and water, within a development site and designated and intended for the use or enjoyment of residents of a development or the Borough, not including streets, off-street parking areas and areas set aside for public facilities.
CONDITIONAL USE
A use to be allowed or denied by the Borough Council of Fox Chapel after securing the recommendations of the Fox Chapel Planning Commission, pursuant to express standards and criteria set forth in Article IV of this Part 1.
CORRAL
An enclosure for confining horses consisting of either a wooden or wire fence.
COUNCIL
The governing body of the Borough of Fox Chapel.
DBH
The diameter of a tree at breast height, usually measured 4.5 feet from the ground surface.
DEDICATE or DEDICATION
To convey or a conveyance, in fee simple, free of liens, encumbrances, easements, rights-of-way, severances of minerals and other clouds on title, by deed of general warranty to the Borough of Fox Chapel, provided that Council may, if it determines such action to be in the best interest of the Borough, waive this requirement wholly or in part.
DENSITY DEVELOPMENT
The subdivision of land into single-family lots smaller than that normally permitted in the applicable zoning district or districts, when authorized as a conditional use.
DENSITY, GROSS
The total number of dwelling units per acre, computed by dividing the total number of proposed dwelling units by the total number of acres in the tract exclusive of existing street rights-of-way.
DENSITY, NET
The total number of dwelling units of a given type per developed acre, computed by dividing the total number of a given type of dwelling unit within the area in which they are located by the number of acres so developed, including surrounding yard spaces and parking areas, but excluding adjacent common open space and interior streets.
DEVELOPER
Any landowner, agent of such landowner, tenant with the permission of such landowner, or holder of an option to purchase land, who proposes, 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 and provisions relating to use, location and bulk of structures, intensity of use or density of development, streets, ways and parking facilities, common open space, incidental recreational facilities and public facilities. The phrase "provisions of the development plan," when used in this Part 1, shall mean the written and graphic materials referred to in this definition.
DISTANCE
Where distance in reference to a structure is specified in this Part 1, it shall be measured from the outermost projection of the structure, including bay windows, sun parlors, sun porches, open and terraced porches, dormers, second-floor projections, cornices, eaves, gutters, chimneys and solid entrances; and none of the foregoing shall be constructed or maintained nearer to the specified street, public highway, or lot line than is herein provided for.
DISTRICT DWELLINGS
The total number of acres of a density development or planned residential development divided by the minimum single-family lot size normally required in the zoning district in which that density development or planned residential development is located. If a density development or planned residential development is located in more than one zoning district, its district dwellings are the sum of the results of dividing the number of acres of that density development or planned residential development located in each zoning district by the minimum single-family lot size normally required in that district.
DWELLING
A building, or portion thereof, but not a mobile home or trailer, designed or used exclusively for residential occupancy by one family.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities, for occupancy by only one family (including any domestic servants living or employed on the premises), with no enclosed space (other than vestibules, entrances or other hallways or porches) in common with any other dwelling unit. Dwelling units may be contained in the following structures:
A. SINGLE-FAMILY DETACHED — A building having only one dwelling unit from ground to roof, independent outside accesses, and open space on all sides, not connected to any other dwelling unit by foundation, connecting wall, or any other structure (except a shared driveway).
B. MULTIFAMILY — A building containing two or more dwelling units, including two-family dwellings, four-family dwellings (fourplex, quadriplex), townhouses, and apartment buildings.
(1) TWIN — A building containing two dwelling units, each from ground to roof connected by a vertical party wall, common foundation, connecting wall or other structure (except a shared driveway), and each having independent outside access and open space on three sides.
(2) DUPLEX — A building containing two dwelling units, one above the other, separated by a horizontal party wall, each of which has independent outside access and open space on all sides.
(3) FOUR-FAMILY DWELLING (fourplex, quadriplex) — A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units and open space on two nonparallel sides.
(4) TOWNHOUSE — A building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjacent units, and open spaces to the front and rear (internal units) or front, rear and one side (end units).
(5) APARTMENT — A building containing three or more dwelling units separated by party walls, having more than one dwelling unit from ground to roof with common outside access and hallways. Apartment will also include a personal-care home.
C. Other generally accepted structural types.
FAMILY
One or more persons related by blood, adoption or marriage, or two persons not so related, or the minimum number of disabled persons not so related necessary to allow the disabled persons to live in a residential neighborhood (provided that the minimum number of disabled persons does not impose undue financial or administrative burdens or an undue hardship upon the Borough or require a fundamental alteration in the nature of the Borough's zoning), living and cooking together as a single housekeeping unit, exclusive of household employees.
FARM
A parcel of land not less than 10 acres in size, at least 1/3 of the area of which is devoted to raising crops. A single-family dwelling and customary accessory buildings may be included. The keeping or breeding of cattle, sheep, goats, hogs or poultry shall not be construed to be a permitted use on a farm.
FLOODPLAIN ORDINANCE
The Borough of Fox Chapel Floodplain Management Ordinance (Chapter 350 of the Code of the Borough of Fox Chapel).
GARAGE, PRIVATE
A building, or part of a building, used for the storage of one or more automobiles and other motor vehicles, which is accessory to the principal use of the lot where it is situated. A garage conducted as a business in and of itself, not accessory to a permitted use, is not included.
GROUND-MOUNTED SOLAR PANEL
A solar panel which is separate from the roof of the principal structure on the property on which it is located; any solar panel which is not roof-mounted shall be considered ground-mounted for purposes of this article.
GROUNDS MAINTENANCE GUIDE
The Borough of Fox Chapel Grounds Maintenance Guide, dated August 1973.
HEIGHT OF BUILDING
The vertical distance measured from the mean level of the finished grade, measured around the perimeter of the building, to the highest point of the roof adjacent to the street wall for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridges for gable, gambrel and hip roofs, and to the highest point of any other type of roof; provided that chimneys, spires and similar projections of the building shall not be included in calculating the height. (See illustration.)
HELICOPTER
Any aircraft that depends principally for its support in flight on the lift generated by one or more rotors and aircraft which are capable of a vertical takeoff or landing.
HELIPORT
Any area of land, water or structure (whether or not designated or set off as such) used or intended to be used for the landing or takeoff of helicopters.
HOME OCCUPATION
A. General definitions. An occupation carried on in a residential dwelling by a resident thereof, which is a customary and accessory use.
B. Specific uses. Permitted home occupations, provided they comply with the regulations listed in Subsection D of this definition, shall include, but not be limited to, the professions of architect, artist, clergyman, engineer, doctor, lawyer, musician, writer and teacher giving instruction to not more than two pupils at any one time.
C. Specific prohibitions.
(1) The following uses will not be considered home occupations and cannot be carried on as a home occupation:
(a) Band instrument instruction in groups.
(b) Real estate offices.
(c) Offices for insurance agents or brokers.
(d) Beauty shops.
(e) Automobile (and other vehicles, including boats) inspections or repairs.
(f) Bakeries.
(g) Day care.
(h) Landscaping.
(i) Boarding or breeding kennels.
(j) Convalescent homes.
(2) This list of prohibitions is not intended to be an exclusive list of all uses which are not considered home occupations hereunder.
D. Definitional controls. In order to be considered a home occupation, the use must comply with the following:
(1) There shall be no sign or display of any kind except one accessory use sign as defined in Article VI (see § 400-22B of this chapter).
(2) The use shall not require internal or external alteration or construction of features not customary and accessory in dwellings and shall be clearly incidental to the primary use of the premises for residential purpose.
(3) No traffic shall be generated by such home occupation in greater volumes than would be normal and typical in a residential neighborhood.
(4) Any parking required by the conduct of such home occupation shall be off the street and shall be limited to a total of four outside spaces.
(5) No portion of home occupation use may be carried on outside of the dwelling house.
(6) No outside storage of materials is permitted.
(7) Excessive noise and odors are not permitted.
(8) No wholesale or retail transactions are permitted, other than sales of articles which are actually produced on the premises. For the purpose of this subsection, "wholesale or retail transaction" does not include:
(a) Transactions conducted on the telephone; and
(b) Transactions of a sporadic and nonrecurring nature, where no inventory is kept on the premises.
(9) The maximum number of persons who carry on or are employed in the home occupation may be no more than three (including those of the residents who are so employed).
(10) The maximum number of business visitors at any one time may be no more than eight, except for transactions described in Subsection D(8)(b).
E. Registration. All persons conducting home occupations, whether such home occupation is currently existing or not, shall register with the Zoning Officer on forms supplied by the Borough. Such forms shall include the nature of the occupation and other information which the Zoning Officer shall reasonably request, including information demonstrating compliance with Subsection D of this definition.


 
IMPERVIOUS SURFACE
Material which is impenetrable and unable to absorb water, including but not limited to buildings, structures and paved areas (driveways, parking lots, etc.).
INCIDENTAL RECREATIONAL FACILITIES
Hiking, walking, jogging, equestrian or bicycle trails; private stable (subject to § 400-14B); tennis, paddle tennis, basketball, racquetball, squash, volleyball, shuffleboard and badminton courts; baseball, football and rugby fields; swimming pool and related bathhouse; sunning deck; putting, bowling and croquet greens; and accessory facilities, of which the location, orientation, arrangement and design are those listed in DeChiara, Joseph, and Koppelman, Lee E., Site Planning Standards, McGraw Hill, 1978, or Handbook of Landscape Architectural Construction, Landscape Architecture Foundation, 1976.
LAND DEVELOPMENT
Any of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure;
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. A subdivision of land.
LOT AREA
The area of land included within the title lines of a lot, except that area with the title lines set aside as the right-of-way of a road or lane (as such terms are defined in Chapter 380, Subdivision and Land Development).
MOBILE HOME
Any movable dwelling constructed so as to permit it being towed or driven on its own chassis and undercarriage.
NATURAL RESOURCES ORDINANCE
The Fox Chapel Natural Resources Assessment and Protection Ordinance of 1977 (Chapter 363, Part 2, of the Code).
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:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 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.
F. 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.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
NONCONFORMING BUILDING OR USE
Within the districts established by this part or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before enactment of the Fox Chapel Zoning Ordinance of 1935, but which were prohibited, regulated or restricted under the terms of said Zoning Ordinance of 1935 and subsequent amendments, including this Zoning Ordinance of 1971.
NURSING CARE FACILITY
Any institutional building used for the inpatient care of persons requiring full-time, intermediate or skilled nursing care within the context of a planned program of care and administrative management and/or nursing care and related medical or other health services, but not requiring hospitalization.
OIL AND GAS OPERATIONS
Includes:
A. Well location assessments (including seismic operations and related activities conducted in accordance with all applicable federal and state laws and regulations relating to the storage and use of explosives), well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;
B. Construction, installation, use, maintenance and repair of oil and gas pipelines;
C. Water and other fluid storage or impoundment areas used exclusively for oil and gas operations the edge of which area may not be closer than 300 feet from any existing building;
D. Oil and gas wells where the wellhead is at least 500 feet from any existing building and the well pad and all other oil and gas operations (other than pipelines, access roads and security facilities) are at least 300 feet from any existing building;
E. Construction, installation, use, maintenance and repair of all equipment directly associated with activities associated with the activities specified in this definition to the extent that:
(1) The equipment is necessarily located at or immediately adjacent to a well site; and
(2) The activities are authorized and permitted under the authority of a federal or commonwealth agency;
F. Impoundment areas;
G. Compressor stations; and
H. Processing plants.
OWNER
Either the legal or beneficial owner of property, including a lessee who is authorized to exercise the rights of an owner with respect to the subject matter of this part.
OWNER
The individual or entity that intends to own and operate the small wind energy system in accordance with this Part 1.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile with room for opening doors on both sides, but in no case measuring less than nine feet six inches by 18 feet, together with maneuvering room and properly related access to a public street or alley.
PARKLAND
Any property owned by the Borough of Fox Chapel which has been officially designated by Borough Council as parkland or has been restricted for use as parkland in the deed of conveyance.
PERSONAL CARE HOME
Any premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for independently mobile persons of 50 years or more who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility.
PHASE
A contiguous area within a subdivision or land development for which approval of a final plat or development plan is applied or granted at one time and in which all subdivision or land development is completed at one time.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a developer, to be developed as a single entity for a number of dwellings, 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 under the provisions of this part.
PLANNING CODE
Act 247 of 1968, P.L. 805, effective January 1, 1969, as amended, the Pennsylvania Municipalities Planning Code.
PLANNING COMMISSION
The Planning Commission of the Borough of Fox Chapel.
PROPERTY
One or more lots, parcels, tracts or areas of land located in the Borough and established by a plat or otherwise permitted by law.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades.
SECTION
A geographical area or portion of a tract that is proposed for planned residential development and which is to be developed in accordance with a timetable for development that is included as part of the applicant's development plan.
SIGN
Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
SITE IMPROVEMENT
Any facility installed to help render the land suitable for its proposed use, including but not limited to clearing, grading, paving, street name signs, fire hydrants, water mains, gas mains, sanitary sewers, storm sewers, sewage disposal facilities, survey monuments, landscaping, electric and telephone facilities.
SMALL WIND ENERGY SYSTEM
A wind energy system that: (a) Is used to generate electricity; (b) Has a nameplate capacity of 100 kilowatts or less; and (c) Has a total height of 170 feet or less.
SOLAR PANEL
A solar photovoltaic panel or solar hot air or water panel collector device which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. For purposes of this Part 1, "solar panels" refers only to solar panels mounted on a primary, accessory, or other structure or mounted on the ground. This Part 1 does not cover solar panel systems if the combined surface area of all panels on a particular parcel of land is less than four square feet. Other solar energy systems with total surface area greater than four square feet may be used temporarily during emergency power outage conditions.
SOLAR PANEL, GROUND-MOUNTED
A solar panel which is separate from the roof of a structure on the property on which it is located; any solar panel which is not roof-mounted shall be considered ground-mounted for purposes of this chapter.
SOLAR PANEL, ROOF-MOUNTED
A solar panel which is attached to the roof of a structure on a property. On pitched roofs, solar panels must be separated by no more than 12 inches from the surface on which they are mounted, measured at right angles from that surface, and shall not project vertically above the peak or below the gutter line or horizontally beyond the edge of that roof. On flat roofs, solar panels shall not project vertically more than five feet above the roof and shall not be visible from a point on an adjacent public right-of-way or property which point is located within 75 feet of the structure on which the solar panel is located. Such visibility shall be measured at a level of five feet from the ground on such right-of-way or property.
SPECIAL EXCEPTION
An exception specifically provided for in this Part 1 (see §§ 400-10 and 400-13 of this part in particular) and granted by the Zoning Hearing Board in accordance with standards and criteria set forth in Article IV of this Part 1.
STABLE, PRIVATE
A building or part of a building accessory to a farm or single-family dwelling for housing horses. A stable conducted as a business in and of itself, and not as an accessory use, is not included.
STAGE
One or more sections on which an applicant proposes to commence development at the same time as part of a timetable for development of a planned residential development over a period of time.
STANDARD FENCE
Any fence, wall or other like divisional construction or enclosure, which:
A. Is composed of nongrowing material;
B. If located between the street line and building line (or on either line), is four feet or less in height;
C. If located in any other setback area, is 6 1/2 feet in height or less; and
D. Does not contain any barbed wire, razor wire, razor ribbon wire, electrical wire or similar material.
STREET LINE or PUBLIC HIGHWAY LINE
The dividing line between a lot and a public street, road or lane dedicated to the public or officially plotted by the Borough, or between a lot and a private street, road or lane, over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. The terms street, road and lane shall include the cartway, sidewalk, gutter and right-of-way area of the street, road or lane.
STRUCTURAL ALTERATION
Any change or alteration of a supporting member of a building or structure, including bearing walls, columns, beams, girders or joists.
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, tennis courts, other sports courts, all inflatable enclosures of ground space and fences; provided, however, that standard fences and a growing hedge, row of trees or shrubbery to any height shall not be deemed a structure.
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, partition by the court for distribution to heirs or devisees, 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 street or easement of access or any residential dwelling, shall be exempted.
SUBDIVISION ORDINANCE
Ordinance No. 437, approved December 20, 1982, Fox Chapel Code Chapter 380.
TOTAL HEIGHT
The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
TOWER
The monopole, freestanding or guyed structure that supports a wind generator.
UNDISTURBED OPEN SPACE
Common open space which does not include incidental recreational facilities or grading or other disturbances incidental to facilities outside the undisturbed open space area.
VARIANCE
A relaxation of the terms of this Part 1, authorized by the Zoning Hearing Board, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Part 1 would result in unnecessary and undue hardship. As used in this Part 1, a variance is authorized only with respect to the height or size of a structure or the dimensions of required yards or setback distances. No variance shall be granted authorizing a use not permitted in the district concerned, except as provided in § 400-9 of this Part 1.
WATER STORAGE FACILITY
Any facility, including appurtenances thereto, used for the storage, purification or distribution of potable water, including but not limited to underground reservoirs, aboveground reservoirs, elevated storage tanks and standpipes.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
Note: The provided images are illustrative only and not intended to be regulatory.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Part 1 to have the meanings herein indicated.

The singular shall include the plural, and the plural shall include the singular.

The present tense shall include the future tense.

The word "used" shall be deemed to include the words "arranged, designed or intended to be used."

The word "may" is permissive. The word "shall" is mandatory.

All definitions of terms contained in Chapter 375, Stormwater Management, are incorporated herein and made a part hereof by reference.