[Amended 10-4-2004 by Ord. No. 476]
Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. Words
used in the present tense shall include the future. The singular number
shall include the plural, and the plural the singular. The word "shall"
is always mandatory and not permissive. The word "used" or "occupied",
as applied to any land or building, shall be construed to include
the words "intended, arranged or designed to be used or occupied."
Where words are defined in the Pennsylvania Municipalities Planning
Code, as the same is amended, those definitions shall also be used
for the purpose of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collector devices and solar-related equipment,
which has a rated capacity of less than or equal to 10 kilowatts (for
electricity) or rated storage volume of the system of less than or
equal to 240 gallons or that has a collector area of less than or
equal to 1,000 square feet (for thermal), and is intended to primarily
reduce on-site consumption of utility power. A system is considered
a small solar energy system only if it supplies electrical or thermal
power solely for on-site use, except that when a property upon which
the facility is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company.
[Added 5-7-2012 by Ord. No. 507]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, which has
a rated capacity of less than or equal to 100 kilowatts and is intended
to primarily reduce on-site consumption of utility power. A system
is considered a small wind energy system only if it supplies electrical
power solely for on-site use, except that when a parcel on which the
system is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company.
[Added 5-7-2012 by Ord. No. 507]
Any use which must be licensed under the Borough's Sexually Oriented Business Ordinance, Chapter 188 of this Code (Ordinance No. 449 of 2000).
[Added 5-7-2001 by Ord. No. 453]
The American National Standards Institute.
[Added 5-7-2012 by Ord. No. 507]
Air Pollution Control Act.
[Added 5-7-2012 by Ord. No. 507]
A story having more than 50% of its clear height below the
average level of the surrounding ground.
A private residence which contains six or fewer bedrooms
used for providing overnight accommodations to the public and in which
breakfast is the only meal served and is included in the charge for
the room.
[Added 10-4-2004 by Ord. No. 476]
The Zoning Hearing Board of New Wilmington Borough, Lawrence
County, Pennsylvania.
An owner/occupied dwelling having no more than two sleeping
rooms for rent to up to two persons not related to its owner. The
term "rooming house" includes the term "boardinghouse." A "boardinghouse"
includes meals for its tenants.
[Added 10-4-2004 by Ord. No. 476]
The purpose of a buffer yard in this chapter is to provide
visual screening to adjacent, abutting residential properties. The
buffer shall consist of an evergreen hedge or series of evergreen
trees, planted in such a way that it will block a line of sight. The
screening material shall be at least four feet in height when planted.
However, such screening shall not be required along street frontages,
nor in areas which would block safe lines of sight for streets, alleys
or driveways.
[Added 4-3-2000 by Ord. No. 444]
A roofed structure enclosed by walls for the shelter, housing
or enclosure of persons, goods, material or animals.
The Municipal Uniform Construction Code Ordinance.
[Added 5-7-2012 by Ord. No. 507]
A vertical distance from the average elevation at grade level
to the highest point of the roof.
Imaginary line parallel to or concentric with the nearest
road right-of-way line. No portion of a structure may extend nearer
the lot line than the required front yard depth.
Provides out-of-home care for part of a twenty-four-hour
day to children under 16 years of age, excluding care provided by
relatives and excluding day care furnished in places of worship during
religious services. Care for fewer than four children will not be
considered as child day-care services. This chapter identifies two
levels of day-care services: family day-care homes and group day-care
homes. (See also "family day-care homes" and "group day-care homes.")
[Added 2-5-1996 by Ord. No. 420]
A place of religious instruction and/or public worship.
Natural wood that has been seasoned to reduce its water content
and provide more efficient combustion. The term clean wood does not
include wood:
[Added 5-7-2012 by Ord. No. 507]
Coated with paint, stain, oil, resin or any other preservative,
fire retardant or decorative materials;
Impregnated with preservatives or fire retardants;
Exposed to salt water; nor
Manufactured with use of adhesives, polymers or resins, such
as strand, particle and veneer lumber and recycled lumber.
Any establishment where human patients are examined and treated
by doctors or dentists but not hospitalized overnight.
The New Wilmington Borough Planning Commission of Lawrence
County, Pennsylvania.
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and the guidelines of the Pennsylvania
Municipalities Planning Code.
[Amended 2-5-1996 by Ord. No. 420]
The Borough Council of the Borough of New Wilmington, Lawrence
County, Pennsylvania.
That percentage of the lot area covered by principal and
accessory use structures.
The number of families housed on a lot or group of lots,
divided by the area in acres of the lot or group of lots, computed
exclusive of any portion of the right-of-way of any road.
Any building designed or used as permanent or temporary living
quarters for one or more families and must conform to the requirements
defined by "dwelling unit."
[Amended 5-7-2001 by Ord. No. 453]
A building containing three or more dwelling units and must
conform to the requirements defined by "dwelling unit."
[Amended 2-2-1998 by Ord. No. 429; 5-7-2001 by Ord. No.
453]
A detached, permanent building on a permanent foundation,
arranged or used for occupancy by one family, and must conform to
the requirements defined by "dwelling unit."
[Amended 5-7-2001 by Ord. No. 453]
A detached permanent building containing two dwelling units,
each of which is totally separated from the other, except where there
may be a common stairwell to provide access to the separate units
and must conform to the requirements defined by "dwelling unit."
[Added 2-2-1998 by Ord. No. 429; amended 5-7-2001 by Ord. No.
453]
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, used or intended to be used by one
or more persons living together and maintaining a common household
and accessible from the outdoors, either directly or through an entrance
hall shared with other dwelling units.
Facilities which offer out-of-home care for persons over
55 years of age for part of a twenty-four-hour day, excluding care
provided by relatives for four or more individuals.
[Added 2-5-1996 by Ord. No. 420]
United States Environmental Protection Agency.
[Added 5-7-2012 by Ord. No. 507]
The erection, construction, alteration or maintenance by
public utilities, municipal or other government agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate services by such public utilities or
municipal or governmental agencies or for the public health and safety
or general welfare, but not including buildings.
One or more persons related by blood, marriage or adoption,
plus domestic servants, occupying a dwelling unit, plus not more than
two boarders, roomers or lodgers. In addition, up to three unrelated
individuals in a dwelling will be considered a family.
[Amended 10-4-2004 by Ord. No. 476]
A family residence in which day care is provided at any one
time to four, five or six clients who are not relatives of the caregiver.
[Added 2-5-1996 by Ord. No. 420]
A dwelling occupied by a group of men or women associated
together to provide eating facilities or to provide space for recreation
and such other purposes for which the group may be organized. Said
organization must also have formal recognition by the college or other
licensed institution of higher learning with which it is associated.
[Amended 2-5-1996 by Ord. No. 420]
Premises where motor vehicles are serviced and repaired,
including engine overhaul and body work.
Facilities in which care is provided for more than six but
fewer than 12 persons at any one time, where the care areas are being
used as a family residence.
[Added 2-5-1996 by Ord. No. 420]
Any use customarily carried on entirely within the dwelling
by the occupants thereof, which use is clearly incidental and subordinate
to the use of the dwelling for dwelling purposes and which does not
change the residential character thereof. See also “no-impact
home-based business.”
[Amended 2-2-1998 by Ord. No. 429; 10-4-2004 by Ord. No.
476]
The processing or fabrication of certain materials and products
which does not produce noise, vibration, air and water pollution,
fire hazards or other disturbances or danger to neighboring properties.
A portion of a lot usable for the standing, loading or unloading
of motor vehicles and having a minimum dimension of 12 feet by 40
feet, with a vertical clearance of 14 feet.
A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as required by this chapter. Such a lot shall have frontage on a public street. (See also Article IV of this chapter.)
A lot at the junction of and fronting on two or more intersecting
street rights-of-way.
A mean horizontal distance between the front and rear lot
lines.
The area of a lot computed exclusive of any portion of the
right-of-way of any public thoroughfare.
Any lot which individually, or as a part of a subdivision, has been recorded in the office of the Recorder of Deeds of Lawrence County as of the date of enactment of this chapter. (See also § 275-13 of this chapter.)
The width of a lot shall be the distance between straight
lines connecting the front and rear lot lines at each side of the
lot, measured across the front of the lot, and shall extend back to
the rear of the required front yard.
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:
[Added 10-4-2004 by Ord. No. 476]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
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.
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.
The business activity shall be conducted only
within the dwelling and may not occupy more than 30% of the habitable
floor area.
The business may not involve any illegal activity.
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.
[Added 2-5-1996 by Ord. No. 420]
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this Zoning Chapter or an amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. (See also § 275-22 of this chapter.)
[Amended 2-5-1996 by Ord. No. 420]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this Zoning Chapter or an amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
[Amended 2-5-1996 by Ord. No. 420]
A fuel-burning device, also known as an "outdoor hydronic
heater," "outdoor wood-fired furnace," and "outdoor wood-burning appliance,"
designed:
[Added 5-7-2012 by Ord. No. 507]
To burn clean wood or other fuels specifically tested and listed
for use by the manufacturer;
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., garages); and
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture.
A tract of land, owned by the Borough, designated and used
by the public for active and/or passive recreation.
[Added 10-4-2004 by Ord. No. 476]
An off-street space to park a motor vehicle, which space
is in compliance with this chapter.
[Added 10-4-2004 by Ord. No. 476]
The Parking Overlay Zone is a zoning district that exempts
businesses within its boundaries from nonresidential parking requirements
due to the proximity of the Borough's parking lots and on-street parking
spaces.
[Added 10-4-2004 by Ord. No. 476]
Any use of land and/or structure(s) in a district which is
in conformity with the provisions of this chapter.
Facilities which offer food, shelter and personal assistance
for a period of more than 24 consecutive hours for four or more adult
residents who are not relatives of the operator and where the residents
do not require hospitalization or nursing facility care.
[Added 2-5-1996 by Ord. No. 420]
Any enterprise which primarily offers service to the general
public, such as shoe repair, valet services, watch repairing, barbershops,
beauty parlors and related activities.
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British thermal units (Btu) output and is labeled
accordingly, with a white "hang" tag.
[Added 5-7-2012 by Ord. No. 507]
The technology that uses a semiconductor to convert light
directly into electricity.
[Added 5-7-2012 by Ord. No. 507]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968,[1] as the same may be amended from time to time.
Any street not classified as a secondary but not including
any unimproved ways or lanes not part of the Borough's liquid fuel
inventory and excluding college-owned private streets, except for
Westminster Drive, College Drive, Gateway Road.
[Added 5-7-2001 by Ord. No. 453]
The use of offices and related spaces for such professional
services as are provided by doctors, dentists, lawyers, architects,
engineers and similar occupations.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 10-4-2004 by Ord. No. 476]
An elementary or secondary school duly licensed by the State
of Pennsylvania.
[Added 10-4-2004 by Ord. No. 476]
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.
[Added 5-7-2001 by Ord. No.
453] Secondary streets are as follows:
A service offering separate, individual storage spaces leased
or rented for varying periods of time.
[Added 10-4-2004 by Ord. No. 476]
An establishment primarily engaged in furnishing automotive
repair services to the general public.
[Added 10-4-2004 by Ord. No. 476]
A retail place of business, engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist's needs. These may include sale of petroleum
products; sale and service of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; the performing
of minor automotive maintenance and repair; and the supplying of other
incidental customer services and products.
Any structure or device to attract attention by word or graphic
display, including temporary or portable signs.
A modification of the regulations of this chapter which the
Board is permitted to authorize in specific instances listed in this
chapter, under the terms, procedures and conditions prescribed herein.
Any vertical structure enclosing a flue(s) that carry off
smoke or exhaust from a furnace or other fuel-burning device, especially
that part of a structure extending above a roof.
[Added 5-7-2012 by Ord. No. 507]
Anything constructed or erected, the use of which requires
a fixed location on the ground, or an attachment to something having
a fixed location on the ground, including, in addition to buildings,
billboards, carports, fences, porches and other building features,
but not including sidewalks, drives or patios.
A structure without any foundation or footings and that is
removed when the designated time period, activity or use for the temporary
structure has ceased. This chapter only allows such structures for
construction projects.
[Added 10-4-2004 by Ord. No. 476]
Relief granted pursuant to the provisions of Section 603 of this chapter and the appropriate elements of the Pennsylvania Municipalities Planning Code. (See also § 275-37 of this chapter.)
[Amended 2-5-1996 by Ord. No. 420]
A building used primarily for the storage of goods and material.
[Added 10-4-2004 by Ord. No. 476]
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings
or such projections as are expressly permitted by this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line or road right-of-way line and the nearest point
of the structure.
An open space extending the full width of the lot between
the structure and the road right-of-way line.
An open space extending the full width of the lot between
the structure and the rear lot line.
An open space extending from the front yard to the rear yard
between a structure and the nearest side lot line.
The written authorization issued by the Zoning Officer for
the use of land or a building or other structures.
The map containing the zoning districts of New Wilmington
Borough, Lawrence County, Pennsylvania, together with all amendments
subsequently adopted.
The Zoning Officer or an authorized representative appointed
by the New Wilmington Borough Council, Lawrence County, Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
