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Chapter 926: - Definitions

Words and terms used in this Code shall be given the meanings set forth in this section. All words not defined in this section shall be given their common, ordinary meanings, as the context may reasonably suggest.

1. Accessory Structure and Accessory Use

means a use or structure that is subordinate to and serves a primary use or structure; is subordinate in area, extent and purpose to the primary use or structure served; contributes to the comfort, convenience or necessity of occupants of the primary use or structure served; and is located on the same zoning lot and in the same zoning district as the primary use.

2. Administrator, Zoning

means a staff member of the Department of City Planning so designated by the City Planning Commission, who is herein charged with the administration of this Zoning Ordinance.

3. Adult Entertainment (General)

means an Adult bookstore, Adult Mini-Theater, Massage establishment, Model studio, or Sexual encounter or Meditation center.

4. Adult Bookstore

means a commercial establishment having a substantial or significant portion of its stock in trade, books, magazines, photographs, or other material which are distinguished and characterized by their emphasis on matter depicting, describing or relating to the specified sexual activities or specified anatomical areas defined herein or an establishment with a segment or section devoted to the sale or display of such material.

5. Adult Mini Theater

means an enclosed building defined herein as an adult theater but with a capacity less than fifty persons.

5.1. Alternative Antenna Support Structure(s)

means manmade trees, clock towers, bell steeples, light poles, flag poles, signs, and similar alternative-design mounting structures that camouflage or conceal the presence of Antennas or Towers.

5.2. Antenna (or Antennae or Antennas)

means any apparatus designed for telephonic, data, radio, or television communications through the sending and/or receiving of electromagnetic waves, including but not limited to, Communications Antenna and Distributed Antenna Systems (DAS).

6. Model Studio

means any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except by any school accredited by the Department of Education, Commonwealth of Pennsylvania.

7. Massage Establishment

means any building, room, place or establishment where, for any form of consideration or gratuity, manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barber shops.

8. Sexual Encounter or Meditation Center

means any business, agency or person who, for any form of consideration or gratuity, provides a place where two (2) or more persons, not all members of the same household, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

9. Adult Entertainment (Limited)

means an Adult Cabaret or Adult Theater.

10. Adult Cabaret

means a cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers which characterize an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

11. Adult Theater

means an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein, for observation by patrons therein.

12. Advertising Sign

means a sign that directs attention to a business, commodity, service or entertainment, conducted, sold or offered elsewhere than upon the premises where the sign is displayed.

13. Alteration, Structural

means any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

14. Amusement Arcade see Use Table,

Section 911.02

.

In addition, the definition of Amusement Arcade also includes any establishment licensed by the Pennsylvania Liquor Control Board where eight (8) or more mechanical or electronic devices, machines, tables or apparatus of any kind are located for playing games of skill or amusement. Amusement Arcade also

means any Pennsylvania Liquor Control Board licensed establishment that constitutes a non-conforming use in any residential or P district where six (6) or more mechanical or electronic devices, machines, tables or apparatus of any kind are located for playing games of skill or amusement.

15. Animal Care (General)

see Use Table,

Section 911.02

.

16. Animal Care (Limited)

see Use Table,

Section 911.02

.

17. Art or Music Studio

see Use Table,

Section 911.02

.

18. Assembly, Public

see Use Table,

Section 911.02

.

19. Assembly, Public (General)

see Use Table,

Section 911.02

.

20. Assembly, Public (Limited)

see Use Table,

Section 911.02

.

21. Automobile means any a self-propelled, free-moving vehicle designed for passenger transportation, including but not limited to cars, motorcycles, mopeds, pickup trucks, or vans, excluding recreational vehicles, boats or trailers.

22. Automobile, Compact Size

means an automobile which occupies an area of less than nine (9) square meters (ninety-seven (97) square feet).

23. Automobile, Standard Size

means an automobile which occupies an area greater than or equal to nine (9) square meters (ninety-seven (97) square feet).

24. Automobile, Noncommercial

means an automobile designed and used primarily for transport of passengers, but not including a bus, taxicab, limousine or similar vehicle used for commercial transportation vehicles.

25. Bank or Financial Institution

see Use Table,

Section 911.02

.

26. Bank or Financial Institution (General)

see Use Table,

Section 911.02

.

27. Bank or Financial Institution (Limited)

see Use Table,

Section 911.02

.

27.1.

Base Station

means the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a Tower as defined in this chapter 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 and fixed wireless services 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 an eligible facilities modification application is filed with the City under the Zoning laws of the City, Chapter 412, and/or Chapter 427, supports or houses equipment described in paragraphs (i)—(ii) immediately-above, and that has been reviewed and approved under the applicable zoning or siting process, or under another State, County 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 a completed eligible facilities modification application is filed with the City under this section, does not support or house equipment described in paragraphs (i)—(ii) immediately above.

28. Base Zoning District

means the underlying zoning district.

29. Basement

means a portion of a building partly below ground and having more than one-half (½) of its height above the level of the adjoining ground.

30. Basic Industry

see Use Table,

Section 911.02

.

31. Bed and Breakfast

see Use Table,

Section 911.02

.

32. Bed and Breakfast (General)

see Use Table,

Section 911.02

.

33. Bed and Breakfast (Limited)

see Use Table,

Section 911.02

.

34. Board

means the Zoning Board of Adjustment.

35. Building

means a structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.

36. Build-To Line

see

Section 925.05

37. Building, Principal

means the building on a lot in which the primary use of the lot is conducted.

38. Car Wash

see Use Table,

Section 911.02

.

39. Carport

means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three (3) sides.

40. Cellar

means a portion of a building having one-half (½) or more of its height below the average level of the adjoining ground.

41. Cemetery

see Use Table,

Section 911.02

.

42. Child Care

see Use Table,

Section 911.02

.

43. Child Care (General)

see Use Table,

Section 911.02

.

44. Child Care (Limited)

see Use Table,

Section 911.02

.

45. City Council

means the City Council of the City of Pittsburgh.

45.1.

Co-locating

and

Collocation

mean to locate wireless communications equipment from more than one (1) provider on a single site and/or the mounting or installation of one or more Wireless Communications Facilities as defined herein, including but not limited to, Transmission Equipment and/or Antenna, on an existing Tower, utility pole, light pole, and/or any Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

46. Communication Tower

see Use Table,

Section 911.02

.

47. Communication Tower, Class A

see Use Table,

Section 911.02

.

48. Communication Tower, Class B

see Use Table,

Section 911.02

.

49. Communication Tower, Class C

see Use Table,

Section 911.02

.

49.1.

Communications Antenna

means any device used to collect or radiate electromagnetic waves, including directional antennae, microwave dishes and satellite dishes, and omni-directional antennae, including but not limited to, Distributed Antenna Systems (DAS).

49.2.

Communications Facility (or Communications Facilities)

shall mean any accessory building, structure, equipment cabinet, Base Station, Transmission Equipment or any other equipment installed in connection with Towers and/or Antennas for the direct or indirect purpose of providing low power radio communications service and shall be:

(i)  Constructed so as to conform with all aspects of the Pittsburgh Code, including but not limited to, requirements regarding height, setback, lighting, landscaping, screening, construction materials, etc., and

(ii)  Fully automated and unattended on a daily basis and shall be visited only for periodic maintenance, and

(iii)  Accessed by means of a public street or easement to a public street. The easement shall be a minimum of twenty (20) feet in width and shall be improved to a width of at least twelve (12) feet with a dust-free, all-weather surface for the entire length; the access shall be landscaped to the satisfaction of the Zoning Administrator.

50. Commercial Vehicle

means any motor vehicle licensed by the state as a commercial vehicle.

51. Community Center

see Use Table,

Section 911.02

.

52. Community Center (General)

see Use Table,

Section 911.02

.

53. Community Center (Limited)

see Use Table,

Section 911.02

.

53.1.

Conceal or Concealment

means Eligible Support Structures, Towers, Antennas, Stations, Communications Facilities and transmission Facilities designed to look like some feature other than a Wireless Tower or Base Station, including but not limited to Alternative Antenna Support Structures as defined herein at Chapter 926 (5.1).

53.2.

Conservation

means controlled, limited development; protection of basic conditions, qualities or attributes based on natural features, physiographic constraints, or legal covenants.

54. Construction Contractor

see Use Table,

Section 911.02

.

55. Construction Contractor (General)

see Use Table,

Section 911.02

.

56. Construction Contractor (Limited)

see Use Table,

Section 911.02

.

56.1.

Construction Management Plan

means a plan that identifies the scope and details of a construction operation, including but not limited to transportation routing, street closures and obstructions, debris/dumpster maintenance, work crew parking, site maintenance, etc. A Construction Management Plan shall include measures that will be taken during construction operations to mitigate environmental impacts such as construction noise, traffic, parking, air and light, to the maximum extent feasible. Mitigating measures include but are not limited to sound barriers, temporary sidewalks and sidewalk protection, dust and debris management, and construction safety plans. A Construction Management Plan shall be approved by the Zoning Administrator, Director of Public Works and the Director of Permits, Licenses and Inspections.

57. Contextual Setback

means an imaginary line that may be established at any point between the (zoning district) required front setback and the front setback that exists on a lot that is adjacent and oriented to the same street as the subject lot. See also

Sec. 925.06

.

58. Contextual Height

means an imaginary line that may be established at any point between the maximum building height of the zoning district and the building height that exists on a lot that is adjacent to and oriented to the same street as the subject lot. See also

Sec. 925.07.D

.

59. Correctional Facility

see Use Table,

Section 911.02

.

60. Cultural Service

see Use Table,

Section 911.02

.

61. Cultural Service (General)

see Use Table,

Section 911.02

.

62. Cultural Service (Limited)

see Use Table,

Section 911.02

.

63. Decision-Maker or Decision-Making Body

means the entity (City Council, Planning Commission, Zoning Board of Adjustment, Zoning Administrator, Planning Director or department head) that is authorized to finally approve or deny an application or permit required under this development code. See also Chapter 923.

64. Density

See

Sec. 925.03

.

65. Department

means the Department of City Planning of the City of Pittsburgh.

65.1

Design Review

means the review of a project for potential impact on the public realm related to the design of buildings, landscaping, and overall site, in accordance with the zoning district requirements and/or development approval process outlined in the Zoning Code. Design review includes consideration of the project's siting, massing, proportions, scale, facade treatment and materials in relationship to the surrounding architectural and neighborhood context.

66. Design Standards

means a set of guidelines defining parameters to be followed in a site and/or building design and development.

67. Development

means the performance of any building, excavation, or mining operation, the making of any substantial change in the use or appearance of any structures or land, or the creation or termination of rights of access or riparian rights. The following activities or uses shall be taken for the purpose of this Code to involve development as defined in this Code unless expressly excluded by ordinance:

a.   A change in type of use of a structure or land;

b.  A reconstruction, alteration of the size, or substantial change in the external appearance of a structure or land;

c.  A substantial increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units;

d.  Commencement of mining or excavation on a parcel of land;

e.  Demolition of a structure or removal of substantial living trees;

f.  Deposition of refuse, solid or liquid waste or fill on a parcel of land;

g.  In connection with the use of land, substantial disturbance of existing vegetation, tree cover, site contours, or watercourses including, but not limited to, disturbance for roads, parking areas and structures;

h.  Alteration of shore, bank or floodplain of a river, stream, or artificial body of water;

i.  Re-establishment of a use which has been abandoned;

j.  Departure from the use for which development permission has been granted, or failure to comply with the conditions of an ordinance or order granting the development permission under which the development was commenced or is continued.

67. Development

means any activity for which a permit or other approval is required to be obtained from the Zoning Administrator.

68. Development Envelope

means the projected maximum bulk of building on a development site based on the capacity of the site and on urban design considerations of the surrounding context.

69.A.

Development Standards

means a set of guidelines or defining parameters to be followed in site and/or building development.

69.B.

Disabled

means "handicapped" as defined according to the Fair Housing Act Amendments of 1988, 42 U.S.C.S. SubSection 3602(h), and any amendments thereto.

69.C.

Distributed Antenna Systems (DAS)

means a network of spatially separated Antenna sites connected to a common source that provides wireless service within a geographic area or structure.

70. District

means zoning district.

71. Dormitory

see Use Table,

Section 911.02

.

72. Dwelling Unit

means a building or portion thereof designed and used for residential occupancy by a single family and that includes exclusive sleeping, cooking, eating and sanitation facilities. Buildings with more than one (1) set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill.

73. Educational Classroom

see Use Table,

Section 911.02

.

73.1.

Eligible Support Structure(s)

means any existing Tower or Base Station as defined in this Chapter and Chapter 427, provided that it is in existence at the time the eligible facilities modification application is filed with the City under the Zoning Code, Chapter 901 et seq.

74. Enlarge or Enlargement

means to increase, or an increase in:

(a)  The size, height, gross floor area or capacity of an existing structure;

(b)  The area of land for an existing use;

(c)  The intensity of use of land or structure such as the addition of dwelling unit, suites, bedrooms or sleeping rooms, parking stalls, or floor area used or intended to be used for service to the people as customers, clients, patrons, patients or tenants.

75. Excavation/Grading/Fill, Major

see Use Table,

Section 911.02

.

75.1.

Facade

means the exterior elevation of a structure or building as viewed from a single vantagepoint and determined by the Zoning Administrator.

75.2.

Facility (or Facilities)

means Monopole, Non-Tower Wireless Communications Facility (Non-Tower WCF), Small Cell Facility, Small Cell Network, Tower-Based Wireless Communications Facility (Tower-Based WCF), and/or Wireless Communications Facility (WCF), and/or any accessory building, structure, equipment cabinet or equipment installed in connection with Communication Towers and/or Antennas for the primary purpose of providing low power radio communication service.

76. Family

means:

(a)  An individual, or two (2) or more persons related by blood or marriage or adoption, living together in a dwelling unit; or

(b)  A group of not more than three (3) persons who need not be related by blood or marriage or adoption, living together as a single housekeeping unit in a dwelling unit, and shared common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption; in either case exclusive of usual servants; or

(c)  A group of not more than eight (8) unrelated disabled people living together as a single housekeeping unit in a dwelling unit and sharing common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption. If appropriate, one (1) staff person may reside on the premises and will not be included in the total number of occupants. Any additional staff shall be included in the total number of occupants. A Family may not be a Multi-Suite Residential facility as defined in

Sec. 911.02

or an Assisted Living facility as defined in

Sec. 911.02

.

77. Firearm Business Establishment.

See Use Table,

Section 911.02

.

78. Floor Area, Gross

means the sum total horizontal area of all floors of a building, measured from the exterior face of exterior walls or from the center line of walls separating two (2) abutting buildings, including;

(a)  Basements;

(b)  Elevator shafts and stairwells at each floor;

(c)  Floor space used for mechanical equipment;

(d)  Penthouses;

(e)  Half stories, and

(f)  Interior balconies and mezzanines.

But not including:

(a)  Cellars;

(b)  Accessory tanks or cooling towers;

(c)  Uncovered steps;

(d)  Terraces, breezeways, open porches and exterior balconies; and

(e)  Parking structures and garages, except where parking is the primary use.

79. Floor Area Ratio (FAR)

see

Section 925.04

.

79.1.

Forestry Activities

means the management, cultivation, maintenance, and harvesting of timber from a site of one quarter (¼) acre (ten thousand eight hundred ninety (10,890) square feet; approximately one hundred four and thirty-five hundredths (104.35) feet by one hundred four and thirty-five hundredths (104.35) feet) or more, or a linear extent in any direction exceeding two hundred (200) feet. Does not include the production or processing of lumber or similar activities whether grown on site or off site.

80. Fraternity/Sorority

see Use Table,

Section 911.02

.

81. Freight Terminal

see Use Table,

Section 911.02

.

82. Funeral Home

see Use Table,

Section 911.02

.

83. Garage

means a structure or any portion thereof designed for the parking of one (1) or more automobiles, not including vehicle repair, exhibition or showrooms, or storage of cars for sale.

83.1.

Goats, Miniature

means those goats commonly known as Pygmy, Dwarf, or Miniature goats.

84. Golf Course

see Use Table,

Section 911.02

.

85. Grade, Average Finished

means the average between the highest and lowest elevation of the ground abutting the street walls of a structure, existing, or as shown on the construction plans. See also

Section 925.07

.

86. Ground Level

means any horizontal area of a property which is at or below the average of the highest and lowest elevations of the adjoining sidewalk area, or not more than twenty (20) feet above the average elevation; convenient for public access, and connected to the sidewalk by adequate stairs or ramps where necessary to assure such convenient public access.

87. Group Residential

means the use of a site for occupancy by groups of people not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding/lodging houses, convents and monasteries.

88. Grocery Store

see Use Table,

Section 911.02

.

89. Group Residential (General)

means a group residential use with a capacity of twelve (12) or more persons.

90. Group Residential (Limited)

means a group residential use with a capacity up to eleven (11) persons.

90.1.

Haul Road

means a road designed for use by trucks to transport harvested timber from the log landing to its destination.

91. Hazardous Operations

see Use Table,

Section 911.02

.

92. Height, Building

means the vertical distance between Average Finished Grade along the wall facing the front street yard and:

(a)  The highest point of the coping of a flat roof;

(b)  The deck line of a mansard roof; or

(c)  The average height level between the eaves and ridge line of a gable, hip or gambrel roof.

See also

Section 925.07

93. Height, Structure (other than building)

means the vertical distance measured from Average Finished Grade to the highest point of the structure.

94. Helicopter General Private Use Landing Area

means a heliport, helipad or helistop that is restricted in use to the owner or operator of the facility or to persons authorized by the owner or operator per licensing requirements of the Commonwealth.

95. Helicopter Landing Area

see Use Table,

Section 911.02

.

96. Helicopter Medical Private Use Landing Area

means a private use heliport, helipad or helistop which provides helicopter landing area for the transport of persons in need of emergency medical care; the transport of patients needing specialized treatment; or the emergency transport of organs, blood, medicine or medical equipment.

97. Helicopter Public Use Landing Area

means a heliport, helipad or helistop that has been designated by the Pennsylvania Department of Transportation Bureau of Aviation and the owner of such facility for use by the general public whether operated by a public agency or private individual, firm or corporation.

98. Helipad

see Use Table,

Section 911.02

.

99. Heliport

see Use Table,

Section 911.02

.

100. Helistop

see Use Table,

Section 911.02

.

101

.

High-Density Residential

means residential development with a density of seven hundred fifty (750) dwelling units per acre.

102

.

Historic District

means a district or zone designated by a local authority or state or federal government within which buildings, structures, appurtenances, and places are of basic and vital importance because of their association with history; or because of their unique architectural style and scale, including color, proportion, form, and architectural detail; or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.

103

.

Historic Building

means any building that is historically or architecturally significant.

104

.

Historic Structure

means a building or structure that has been designated by a local authority.

105. Home Occupation

see

Sec. 912.02

.

106. Hospital

see Use Table,

Section 911.02

.

107. Hotel/Motel

see Use Table,

Section 911.02

.

108. Hotel/Motel (General)

see Use Table,

Section 911.02

.

109. Hotel/Motel (Limited)

see Use Table,

Section 911.02

.

110. Impervious Surface

means any surface, including surfaces of structures, that prevents absorption of stormwater into the ground.

111. Incinerator, Solid Waste

see Use Table,

Section 911.02

.

112. Institution

means a group of buildings or structures that are under common or related ownership, that are located in a contiguous area, not withstanding rights-of-ways; that contain two (2) or more different uses as integral parts of the functions of the organization, such that different structures contain different primary uses; and that contain a combined minimum of one hundred thousand (100,000) total square feet of gross floor area.

113. Intensity of Use

means the number of dwelling units per acre for residential development and the floor area ratio (FAR) for nonresidential development, such as commercial, office, and industrial.

114. Laboratory/Research Services

see Use Table,

Section 911.02

.

115. Laboratory/Research Services (General)

see Use Table,

Section 911.02

.

116. Laboratory/Research Services (Limited)

see Use Table,

Section 911.02

.

117. Laundry Service

see Use Table,

Section 911.02

.

118. Library

see Use Table,

Section 911.02

.

119. Library (General)

see Use Table,

Section 911.02

.

120. Library (Limited)

see Use Table,

Section 911.02

.

121. Lodging room

means a room rented as sleeping or living quarters, without cooking facilities and with or without an individual bathroom.

121.1.

Log Landing

means the area at the end of a skid road where harvested timber is stored or prepared for transport from the site.

122. Lot Area

means the total area of a lot lying within the lot lines, not including any portion of a street or way.

123. Lot, Corner

means a lot abutting two (2) or more streets at their intersection.

124. Lot Depth

means the horizontal distance between front and rear lot lines measured at the mid-point between the two (2) side lot lines.

125. Lot, Interior

means a lot other than a corner lot.

126. Lot, Key

means a corner lot abutting two (2) or more non-corner (interior or through) lots.

127. Lot, Recorded

means a lot designated on a plat of subdivision duly recorded pursuant to statute, in the Recorders' Office for the recording of deeds, plans, etc., of Allegheny County. A recorded lot may or may not coincide with a zoning lot or an accredited zoning lot.

128. Lot Lines

means the lines that bound a zoning lot.

129. Lot

means land occupied or intended to be occupied by no more than one (1) main structure, or unit group of buildings, and accessory buildings, together with such setbacks and lot area as are required by this Code, and having at least one (1) frontage upon a street.

(Ord. 28/November 17, 2000/Amend. U-25 )

130. Lot Size

See

Section 925.01

.

131. Lot Width

See

Section 925.02

.

132. Lot, Through

means a lot, other than a corner lot, having frontage on two (2) parallel or approximately parallel streets.

133. Lot Width

means the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof at a point located the minimum front setback distance from the front lot line. See

Section 925.02

.

134. Lot, Zoning

means a parcel of land that is designated by its owner at the time of applying for a building permit as one (1) lot, all of which is to be used, developed or built upon as a unit under single ownership. Such lot may consist of:

(a)  a single "Recorded Lot;" or

(b)  a portion of a "Recorded Lot;" or

(c)  a combination of complete "Recorded Lots," complete "Recorded Lots" and portions of "Recorded Lots" or portions of "Recorded Lots."

135. Low Density Residential

means residential development at a density of three thousand (3,000) square feet per unit.

136. Manufacturing and Assembly

see Use Table,

Section 911.02

.

137. Manufacturing and Assembly (General)

see Use Table,

Section 911.02

.

138. Manufacturing and Assembly (Limited)

see Use Table,

Section 911.02

.

139. Marina

means a facility for the storage (wet and dry), launching and mooring of boats together with accessory retail and service uses including restaurants and liveaboards.

140. Major Traffic Thoroughfare

means a main traffic artery designated on the zoning district map as a major traffic thoroughfare.

141. Major Transit Facility

means a platform or waiting area adjacent to a public mass transit system which utilizes an exclusive right-of-way.

142. Massage

means any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed.

142.1.

Master Development Plan

means a document in support of a proposal for development, submitted to the Planning Commission, in order to demonstrate that a superior development is intended. The Master Development Plan shall contain all that information required by the Zoning Administrator to support the application.

143. Maximum Extent Feasible

means the point at which all possible measures have been undertaken by the applicant, and which point further measures would involve physical or economic hardships that would render a development project infeasible or would be unreasonable in the judgment of the Planning Director.

144. Medical Office/Clinic

see Use Table,

Section 911.02

.

145. Medical Office/Clinic (General)

see Use Table,

Section 911.02

.

146. Medical Office/Clinic (Limited)

see Use Table,

Section 911.02

.

147. Mixed Use Development

means the development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as, but no limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.

148. Moderate-Density Residential

means residential development with a density of one thousand eight hundred (1,800) square feet per unit.

148.1.

Monopole

means a Wireless Communications Facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications Antennae and connecting appurtenances, which consists of a single freestanding pole designed to support communication Antennae arrays. The structure is anchored to a single concrete and steel foundation (caisson) embedded into the soil.

149. Multi-Unit Residential

see Use Table,

Section 911.02

.

150. Nonconforming Structure

means a building, structure or sign, or portion thereof, lawfully existing at the time these regulations became effective, or as amended, which does not comply with the setback, height, lot size or other site development standards applicable in the zoning district in which the building or structure is located.

151. Nonconforming Sign

means a sign, lawfully existing at the time these regulations became effective, or as amended, which does not completely conform to the sign regulations applicable in the zoning district in which it is located.

152. Nonconforming Use

means the use of any land, building or structure, other than a sign, which does not comply with the use regulations of the zoning district in which such use is located, but which complied with the use regulations in effect at the time the use was established.

153. Nonconformity

means a nonconforming use or noncomplying structure or other situation that does not comply with currently applicable regulations, but which complied with zoning regulations in effect at the time it was established.

153.1.

Non-Tower Wireless Communications Facility (Non-Tower WCF)

means all non-tower wireless communications facilities, including but not limited to, Antennae and related equipment. Non-Tower WCF shall not include support structures for Antennae and related equipment.

154. Nursery

means land or greenhouses used to raise flowers, shrubs, and plants for sale.

155. Nursery, Retail

see Use Table,

Section 911.02

.

156. Nursery, Retail (Limited)

see Use Table,

Section 911.02

.

157. Nursery, Retail (General)

see Use Table,

Section 911.02

.

158. Office

see Use Table,

Section 911.02

.

159. Office (General)

see Use Table,

Section 911.02

.

160. Office (Limited)

see Use Table,

Section 911.02

.

161. Open Space

means that portion of a lot which is not occupied by buildings, parking areas, driveways, streets or loading areas.

162. Overlay Zoning District

means a zoning district that encompasses one (1) or more underlying zoning districts and that imposes additional requirements or provisions above that required by the underlying zoning district.

163. Owner

means the property owner of record, according to the Recorders' Office of Allegheny County.

164. Parking Area

means an open space other than a street or way, used for the parking of only automobiles.

165. Parking Area, Shared

means the joint use of a parking area for more than one (1) use.

166. Parking, Commercial

see Use Table,

Section 911.02

.

167. Parking, Commercial (General)

see Use Table,

Section 911.02

.

168. Parking, Commercial (Limited)

see Use Table,

Section 911.02

.

169. Parking, Off-Site

means parking provided for a specific use but located on a site other than the one (1) which the specific use is located.

170. Parks and Recreation

see Use Table,

Section 911.02

.

171. Parks and Recreation (General)

see Use Table,

Section 911.02

.

172. Parks and Recreation (Limited)

see Use Table,

Section 911.02

.

173. Party Wall

means a wall which divides two (2) adjoining properties usually, but not necessarily, having half its thickness on each property and in which each of the owners of the adjoining properties has rights of enjoyment.

174. Physical Improvement

means any permanent structure that becomes part of, placed upon, or is affixed to real estate.

175. Plan, Grading

means a site plan or drawing that portrays an intended physical change in the land surface of a lot or tract of land.

176. Plan, Improvement Subdivision Site

means a drawing that represents the official site plan of an improvement subdivision, as further defined and referred to in the Planning Commission's Improvement Subdivision Regulations, pursuant to the Act of May 13, 1927 (P.L. 1011), as amended. (53 P.L. Sec. 22761 et seq.)

177. Plan, Plot

means a drawing used in connection with an application for Certificate of Occupancy for the purposes of identifying the intended use or occupancy of a particular lot, and to facilitate administrative review for zoning compliance. The drawing shall show the location of the property boundary, structures, streets and other important features.

178. Plan, Site

means drawings which indicate details of existing and/or intended developments of a particular lot or tract of land in relationship to its surroundings, including details of land use, topography, landscaping and structures.

179. Plan, Subdivision

means a drawing for recording the division of land for improvement or sale, prepared in accord with the Planning Commission's Subdivision Regulations, pursuant to the Act of May 13, 1927 (P.L. 1011), as amended. (53 P.S. Sec. 22761 et seq.)

180. Planning Commission

means the City Planning Commission (CPC) of the City of Pittsburgh.

181. Planning Director

means the Director of the Department of City Planning of the City of Pittsburgh.

182. Plot Plan

see Plan, Plot.

183. Post Office

means a facility owned and maintained by the Postal Service of the United States of America for the purpose of distributing mail to the public.

183.1.

Preservation

means maintenance in an existing or natural state in order to prevent environmental degradation of a functional or visual nature.

184. Primary Use

means the principal or predominant use of any lot or parcel.

184.1.

Primary Street

means the street having the most immediate relationship to existing commercial or residential uses and which affords the principal means of access to abutting property.

185. Primary Structure

means a structure in which is conducted the primary use of the lot on which it is located.

185.1.

Public Destination Facilities

means a structure providing as its primary use one (1) of the following: community center, hospital, cultural services (limited and general), public assembly (general) recreation and entertainment facilities (general, indoor and outdoor) and gaming enterprises.

186. Public Realm

means that outdoor area which is experienced by the public in general, including public rights-of-way or public spaces and the private and public portions of buildings which enclose them. The Public Realm includes, but is not limited to, areas such as public streets and the yards and facades of the buildings which front the street, the rivers and adjacent riverfront property, and hillsides which are visible from public spaces and places.

186.1.

Public Way(s)

means the surface, the air above the surface, and the area below the surface within any public right-of-way and any street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, lane, square, viaduct, waterway or other public right-of-way including public utility easements or rights-of-way in which the City has jurisdiction; and any other public ground or water within belonging to the City.

186.2.

Radio Frequency (RF) Propagation Map

means a multicolored map depicting a visual representation of the proposed coverage area and signal strength within the proposed coverage area, regularly used by radio frequency engineers when designing a communications network.

187. Recreation and Entertainment, Indoor

see Use Table,

Section 911.02

.

188. Recreation and Entertainment, Indoor (General)

see Use Table,

Section 911.02

.

189. Recreation and Entertainment, Indoor (Limited)

see Use Table,

Section 911.02

.

190. Recreation and Entertainment, Outdoor

see Use Table,

Section 911.02

.

191. Recreation and Entertainment, Outdoor (General)

see Use Table,

Section 911.02

.

192. Recreation and Entertainment, Outdoor (Limited)

see Use Table,

Section 911.02

.

193. Recyclable Material

means material including but not limited to metal, glass, plastic and paper which is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material shall not include biodegradable wastes, hazardous materials, industrial scrap materials or used clothing, furniture, appliances, vehicles or parts thereof.

194. Recycling Collection Station

see Use Table,

Section 911.02

.

195. Recycling Processing Station

see Use Table,

Section 911.02

.

196. Religious Assembly

see Use Table,

Section 911.02

.

197. Religious Assembly (General)

see Use Table,

Section 911.02

.

198. Religious Assembly (Limited)

see Use Table,

Section 911.02

.

199. Research Services

see Use Table,

Section 911.02

.

200. Residential

means a structure or use type that is arranged, designed, used or intended to be used for one (1) or more dwelling units for residential occupancy.

200.1.

Residual Stand

means trees remaining following the cutting operation.

201

.

Restaurant, Fast-Food

see Use Table,

Section 911.02

.

202

.

Restaurant, Fast-Food (General)

see Use Table,

Section 911.02

.

203

.

Restaurant, Fast-Food (Limited)

see Use Table,

Section 911.02

.

204

.

Restaurant

see Use Table,

Section 911.02

205

.

Restaurant (General)

see Use Table,

Section 911.02

206

.

Restaurant (Limited)

see Use Table,

Section 911.02

207

.

Restricted Access Highway

means a major traffic thoroughfare or part thereof which when open to public use is:

(a)  Constructed or maintained pursuant to the Federal Aid Highway Act of 1956, or any amendment or supplement thereto, as an interstate highway;

(b)  A limited access highway under the Pennsylvania Limited Access Highway Act of May 29, 1945 (P. L. 1108), as amended (36 P.S. Sec. 2391-1 et seq.); or

(c)  Designated from time to time as restricted access highway by Council on the basis of being either a:

(1)  Primary or urban route on the State highway system; or

(2)  Primary route on the Allegheny County highway system approved by the County Planning Commission; or

(3)  Primary route on the City highway system approved by the City Planning Commission, and, in addition to meeting one (1) of the above three (3) criteria, having either:

(i)  A minimum width of four (4) lanes, or

(ii)  Fifty-one percent or more of the total affected frontage in one (1) or more of the following categories:

1.  Public park;

2.  Publicly owned or controlled land;

3.  Redevelopment or renewal area wherein advertising signs are prohibited by the redevelopment or renewal proposal approved by City Council;

4.  Land which is so located that the construction of the highway or the regulation thereof prevents private or public vehicular access thereto;

5.  Land within three hundred fifty (350) feet of the center line of any highway or interchange ramps thereof covered by subsections (i) or (ii) hereof.

208

.

Retail Sales and Service

see Use Table,

Section 911.02

.

209

.

Retail Sales and Service (General)

see Use Table,

Section 911.02

.

210. Retail Sales and Service (Limited)

see Use Table,

Section 911.02

.

211

.

Retail Sales and Services, Residential Convenience

see Use Table,

Section 911.02

.

211.1

Retail Sales and Service, Outdoor (Non-Accessory Use).

See Use Table,

Section 911.02

.

212. Reviewer or Review Body

means the entity (City Council, Planning Commission, Zoning Board of Adjustment, Zoning Administrator, Planning Director, or department head) that is authorized to approve or deny or to recommend approval or denial of an application or permit required under this development code.

213

.

Right(s)-of-Way

means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses; and/or the surface and space above and below any real property in which the City has an interest in law or equity, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, swale, river, tunnel, viaduct, bridge, park, or any other place, area, or real property, other than real property owned in fee by the City.

214

.

Safety Services

see Use Table,

Section 911.02

.

215

.

Salvage Yard

see Use Table,

Section 911.02

.

216

.

School, Elementary or Secondary

see Use Table,

Section 911.02

.

217

.

School, Elementary or Secondary (General)

see Use Table,

Section 911.02

.

218

.

School, Elementary or Secondary (Limited)

see Use Table,

Section 911.02

.

218.1.

Secondary Street

means the street that is subordinate to an intersecting or adjacent primary street and which affords only a secondary means of access to abutting property.

219

.

Service Station

see Use Table,

Section 911.02

.

220

.

Setback, Front

means a setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the street right-of-way line and a line parallel thereto on the lot. See also

Section 925.06

.

221

.

Setback, Interior Side

means a setback that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot. See also

Section 925.06

.

222

.

Setback

means the distance that is required by this Code to be maintained in an unobstructed state between a structure and the property line of the lot on which the structure is located. Note: The term "setback" refers to a required minimum area, while the term "yard" refers to the actual open area. See also

Section 925.06

.

223

.

Setback, Rear

means a setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. See also

Section 925.06

.

224

.

Setback, Street Side

means a setback that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is adjacent to a street or street right-of-way line, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot. See also

Section 925.06

.

225

.

Single-Unit Attached Residential

see Use Table,

Section 911.02

.

226

.

Single-Unit Detached Residential

see Use Table,

Section 911.02

.

226.1.

Skid

means drag logs by lifting one (1) end off the ground to reduce resistance.

226.2.

Skid road

means a road designed for frequent use by skidding equipment. Skid must incorporate water-control structures to address runoff.

226.3.

Skid trail

means a trail requiring less construction than a skid road because it is used less frequently by skidding equipment.

227

.

Sleeping room

means a fully enclosed portion of a building, designed or intended to be used for sleeping purposes. For purposes of measurement in this Zoning Ordinance, where a sleeping room contains more than two (2) beds, every unit of two (2) beds, or fraction thereof, shall be counted as a separate sleeping room.

227.1.

Small Cell Facility (or Small Cell Facilities)

means a personal wireless services facility that meets both of the following qualifications:

(i)  Each Antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an Antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

(ii)  Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

227.2.

Small Cell Network

means a collection of interrelated Small Cell Facilities designed to deliver personal wireless services.

227.3.

Stealth Technology

means camouflaging and Concealment methods applied to Wireless Communications Towers, Antennae and other Facilities which render them more visually appealing or blend the proposed Facility into the existing structure or visual backdrop in such a manner as to render it minimally 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, and light poles.

228

.

Source

means any place, building, facility, equipment, installation, operation, activity, or other thing or any combination thereof:

(a)  At, from, or by reason of which there may be emitted into the outdoor atmosphere any air containment;

(b)  Which belong to the same industrial group;

(c)  Which is located on one (1) or more contiguous or adjacent properties; and

(d)  Which is owned, operated, or allowed to be operated by the same person or by persons under common control or which is jointly owned, operated, or allowed to be operated by two (2) or more person,

but not including motor vehicles or those emissions resulting from an external combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in

Section 216

of the Clean Air Act.

229

.

Specified Anatomical Areas mean:

(a)  human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(b)  areas of the human body that are less than completely opaquely covered and limited to:

(1)  human genitals or pubic region;

(2)  buttock; and

(3)  female breast below a point immediately above the top of the areola.

230

.

Specified sexual activities mean:

(a)  acts of human masturbation, sexual intercourse or sodomy;

(b)  fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; or

(c)  human genitals in a state of sexual stimulation or arousal.

231. Standard Industrial Classification (SIC)

means the classification by type of activities in which engaged; for purposes of facilitating the collection, tabulation, presentation, and analysis of data relating to establishments; and for promoting uniformity and comparability in the presentation of statistical data collected by various agencies of the United States Government, State agencies, trade associations, and private research organizations.

231.1.

Station

means Base Station as defined in this Chapter herein.

232. Story

means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it then the space between such floor and the ceiling next above it; not including cellar or basement.

233. Story, Half

means a story under a gable or hip or gambrel roof the wall plates of which, on at least two (2) opposite exterior walls, are not more than two (2) feet above the floor of such story.

234. Street

means a strip of land at least twenty-five (25) feet wide that provides access to public property, or in a plan of land subdivision approved by the Planning Commission, the boundary lines of which include roadway or sidewalk area.

235. Structure

means anything constructed or erected, the use of which requires, directly or indirectly, a permanent location on the land.

236. Suite

means one (1) or a group of connected living or sleeping rooms.

236.1.

Tenant

means a business or organization occupying building space with a registered mailing address for that space.

236.2.

Tertiary Street

means the street whose functions are normally associated with service, delivery, and waste collection and which is not intended for general traffic circulation.

237. Three-Unit Residential

see Use Table,

Section 911.02

.

237.1.

Tower

means Communications Tower(s), including but not limited to, any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, DAS hub facilities and the like.

237.2.

Tower, Abandoned

means any tower not in service. A tower not in service may be characterized as not having any antennas (panel type and whip type), or any other device that looks like an antenna, on the tower.

237.3.

Tower, Guyed

means any tower using wire guys connecting above grade portions of a tower diagonally with the ground to provide support for tower and/or antennae.

237.4.

Tower Height

means measured from the base on which the tower is mounted to the top of the tower or other structure, even if the highest point is an antenna or lightning rod, whichever is greater.

237.5.

Tower, Lattice (Self-support)

means structure which generally has three (3) or four (4) legs consisting of vertical, horizontal, and diagonal cross strips or bars that is designed to support communication antenna arrays. The structure legs are anchored to concrete and steel foundations (caissons) embedded into the soil.

237.6.

Tower, Mobile

means any tower capable of being transported in, or by, a motor vehicle. A mobile tower parked for more than twenty-four (24) hours will be classified as a temporary tower.

237.7.

Tower, Monopole

means a Wireless Communications Facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications Antennae and connecting appurtenances, which consists of a single freestanding pole designed to support communication Antennae arrays. The structure is anchored to a single concrete and steel foundation (caisson) embedded into the soil.

237.8.

Tower, Temporary

means towers standing for sixty (60) consecutive days or less. Need for Tower must be established. Need must be based on public safety and/or a public emergency.

237.9.

Tower-Based Wireless Communications Facility (Tower-Based WCF)

means a Tower and its supporting Antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. DAS hub facilities are considered to be Tower-Based WCFs

237.10.

Transmission Equipment

means equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, 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 microwave backhaul.

238. Transit Facility

see Use Table,

Section 911.02

.

238.1.

Transparent

means a window or clear surface unobstructed by signage, interior graphic elements, reflective coating, translucent or textured finish, racking or any type of fixed furniture that can be seen through from both the interior and exterior of a structure.

239. Two-Unit Residential

see Use Table,

Section 911.02

.

240. Underlying Zoning District

means the base zoning district.

241. Unit Group Development

means two (2) or more related primary buildings or uses on one (1) zoning lot.

241.1

Usable and Urban Open Space

means that portion of a lot, which is not occupied by buildings, parking areas, driveways, streets or loading areas.

(Ord. 28/November 17, 2000/Amend. U-25 )

242. Use

means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

243. Utility (General)

see Use Table,

Section 911.02

.

244. Utility (Limited)

see Use Table,

Section 911.02

.

245. Variance

means a modification of the literal provisions of this Zoning Code which the Zoning Board of Adjustment is permitted to grant when strict enforcement of such provisions would cause unnecessary hardship owing to circumstances unique to the individual property on which the variance is sought.

246. Vehicle/Equipment Repair (General)

see Use Table,

Section 911.02

.

247. Vehicle/Equipment Repair (Limited)

see Use Table,

Section 911.02

.

248. Vehicle/ Equipment Sales

see Use Table,

Section 911.02

.

249. Vehicle/ Equipment Sales (General)

see Use Table,

Section 911.02

.

250. Vehicle/ Equipment Sales (Limited)

see Use Table,

Section 911.02

.

251. Very High-Density Residential

means residential development with a density of four hundred (400) square feet per unit.

252. Very Low-Density Residential

means residential development with a density of eight thousand (8,000) square feet per unit.

253. Vocational School

see Use Table,

Section 911.02

.

254. Vocational School (General)

see Use Table,

Section 911.02

.

255. Vocational School (Limited)

see Use Table,

Section 911.02

.

256. Warehouse

see Use Table,

Section 911.02

.

257. Warehouse (General)

see Use Table,

Section 911.02

.

258. Warehouse (Limited)

see Use Table,

Section 911.02

.

259. Warehouse, Residential Storage

see Use Table,

Section 911.02

.

260. Way

means a strip of land less than twenty-five (25) feet wide that provides access to public property or in a plan of land subdivision approved by the Planning Commission, the boundary lines of which include roadway and/or sidewalk area.

261. Welding or Metal Shop

see Use Table,

Section 911.02

.

261.1.

Wireless

means transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

261.2.

Wireless Communications Facility (WCF)

means the Antennae, nodes, control boxes, Towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

262. Yard

means the actual unobstructed open space that exists or that is proposed between a structure and the lot lines of the lot on which the structure is located. See "Setback."

263. Zoning Board

means the Zoning Board of Adjustment.

(Ord. 23-2001, § 3, eff. 11-30-01; Ord. 21-2002, § 27, eff. 6-18-02; Ord. 22-2002, § 1K, eff. 6-25-02; Ord. No. 2-2005, §§ 1A, 1B, eff. 1-25-05; Ord. 39-2005, § 1D, eff. 12-30-05; Ord. 40-2005, § 1A, eff. 12-30-05; Ord. 42-2005, §§ 40, 41, eff. 12-30-05; Ord. No. 19-2010, § 2A, eff. 6-17-10; Ord. No. 25-2015, § 5, eff. 7-9-15; Ord. No. 33-2016, § 3, eff. 12-13-16; Ord. No. 13-2017, § 4, eff. 3-6-17)

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