For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
The singular shall include the plural, and the plural
shall include the singular.
C.
The masculine gender shall include the feminine and
the neuter and vice versa.
D.
The word "shall" is always mandatory, and the word
"may" or "should" is always permissive.
E.
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 occupied."
F.
Any word or term not defined in this chapter shall
be used with a meaning of standard usage.
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
A vehicle shall be presumed to be abandoned under any of
the following circumstances:
The vehicle is physically inoperable and is left unattended
on a highway or other property for more than 48 hours.
The vehicle has remained illegally on a highway or other property
for a period of 48 hours.
The vehicle has remained on private property without the consent
of the owner for more than 48 hours.
Next to or adjacent to, and includes the words "directly
across from streets, natural features and rights-of-way."
One or more dwelling units incidental to a principal use
located in the upper floors or basement or cellar or to the rear of
the principal building within one lot. Each dwelling unit must have
its own sanitary, sleeping and cooking facilities and separate access
to the outside or to a common hallway or balcony.
A building (such as a private garage, private toolhouse or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building. See standards in § 256-18C.
A structure serving a purpose customarily incidental to the use of the principal building and located upon the same lot as the principal building. An accessory structure includes, but is not limited to, the following: sheds, irrespective of whether same is placed upon the property or anchored into the property; permanently installed or anchored-into-the-ground playground equipment, swing sets, sliding boards, poles holding a basketball net or backboard, hockey or soccer goals or nets, cabanas, gazebos, decks which are not attached to the primary structure, carports and fixed tents; football goalposts permanently attached to the realty or any such similar play or sporting equipment; aboveground or in-ground swimming pools. No accessory structure shall exceed 15 feet in height. See standards set forth within § 256-18C.
[Amended 5-8-2013 by Ord. No. 513]
A use subordinate and customarily incidental to the principal
use on the same lot.
43,560 square feet.
A state of being side by side, next to, adjoining, contiguous
or abutting one to another.
An establishment having as a substantial or significant portion
of its stock in trade books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to sexual activities or an establishment with
a designated segment or section devoted to the sale or display of
such material.
An enclosed building or outdoor theater used for presenting
motion pictures, slides or videotape, disks or similarly reproduced
images distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual activities for observation by patrons
therein.
A public or private way affording only secondary means of
access to abutting property, not intended for general traffic circulation.
As applied to a building or structure, a change or rearrangement
in the structural parts or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
A building, structure or area of land where animals are given
medical care, other than the premises where such animals are normally
kept.
The raising and keeping of livestock or poultry for any commercial
purpose. The keeping of livestock or poultry as farm pets or for domestic
purposes pursuant to the regulations of this chapter and the raising
of garbage-fed pigs or minks shall not be construed as animal husbandry.
A building containing a stage and seating for meetings and
performances.
A place where only gasoline and a limited selection of automobile
accessories are sold to the public at retail.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, recreation vehicles
or boats in operable condition, and where no major repair work is
done.
Buildings and land where gasoline and other automobile parts
and supplies are sold at retail and where major repairs are conducted.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail
and where minor repairs are conducted. Uses permissible at a service
station do not include major mechanical and body work, straightening
of body parts, painting, welding or other work involving noise, glare,
fumes, smoke or other characteristics to an extent greater than customary.
Outside storage of inoperable or unlicensed vehicles at service stations
is limited to a maximum seven-day period of time for each such vehicle.
Includes savings and loan, finance companies, credit unions
and other similar enterprises.
A story in a building (excluding a subterranean building)
which has a structural ceiling five feet or more above the average
level of finished grade abutting the exterior wall(s) fronting on
any road. A basement shall be counted as one story in determining
the permissible number of stories.
The use and occupancy of a single-family detached dwelling
for accommodating transient guests for rent.
A tract of land bounded by streets or by a combination of
streets, railroads, watercourses, public lands or boundary lines of
the Borough.
That portion of block which fronts on a single street.
The Zoning Hearing Board of the Borough of Aldan.
A building which has a dwelling unit occupied by the owner
and which has rental units for not more than three roomers or boarders.
A structure designed as a bomb or fallout shelter under applicable
federal or state standards.
Borough of Aldan, Delaware County, Pennsylvania.
The governing body of Aldan Borough.
A strip of land at least 20 feet in width which may be a part of the minimum setback distance and which is free of any principal or accessory building, parking, outdoor storage or any other use than open space. (Also see § 256-22D relating to buffer yard requirements.)
A structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property. "Building" is interpreted as including "or part thereof."
The ratio obtained by dividing the maximum horizontal cross
section of all principal and accessory buildings on a lot by the total
area of the lot upon which the buildings are located.
A building surrounded by open space on all four sides within
the same lot.
The vertical distance of a building measured from the point
which is the mean level of the highest and lowest portion of the site
covered by the building to the highest portion of the roof.
A line, established by the Zoning Ordinance, within a lot
defining the minimum distance between any structure or portion thereof
to be erected or altered, and an adjacent right-of-way or street line.
A term used to describe the size, volume, area or shape of
buildings or other structures and their physical relationship to each
other, to open space or to tracts of land, to lot lines or to other
buildings or structures.
Any structure designed for the aboveground storage of fuel
for commercial distribution.
A club, theater, hall or similar place which features topless
or bottomless dancers, entertainers or employees, strippers, simulated
sex acts, live or actual sex acts or similar entertainers or entertainment.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
A part of the interior of a building (excluding a subterranean
building) which has a structural ceiling less than five feet above
the average level of finished grade abutting the exterior wall(s)
fronting on any road. A cellar shall not be counted as one story in
determining the permissible number of stories.
A body of persons established for the purpose of promoting
citizenship and providing services benefiting the general public and
the public good.
A motor vehicle licensed by the commonwealth in a class other
than Class I or Class II.
Any area which is predominantly open space, is used principally
for active or passive recreation and is used for a profit-making purpose.
The Planning Commission of the Borough of Aldan.
The document entitled "Aldan Borough Plan" or any part thereof,
adopted by the Borough Council.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[1]
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; and the
demolition of a preexisting building, provided that further construction
is diligently carried on.
Land used for the storage of machinery, vehicles, equipment
and supplies used in the construction industry.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Delaware, Commonwealth of Pennsylvania.
The Delaware County Planning Commission.
A type of institutional use, other than a prison or a permitted
type of hospital, providing living accommodations and/or treatment
facilities for persons needing such treatment because of offenses
or actions that are criminal in nature. This shall include, but not
be limited to, persons requiring such treatment or housing because
of current, illegal use of or addiction to a controlled substance,
as defined by federal law. This use shall include, but not be limited
to, drug rehabilitation centers, halfway houses for persons recently
released from prison, holding centers for persons who would otherwise
be imprisoned, facilities for the housing and treatment of persons
who suffer from a mental illness that is criminal in nature and holding/treatment
centers for drunk drivers.
A building and/or land open to the public which contains
exhibits of a cultural interest, such as a museum, art gallery, nature
study area, etc.
A proposed zoning amendment made to the Borough Council by
any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter, either by reason of
the grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas.
A state of being surrounded on all sides by yards.
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade such as drive-in
restaurants, drive-in theaters and similar uses.
A private means of vehicular access between a public or private
street to private property.
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof, or waste material of any kind.
A building containing one or more dwelling units. The term
"dwelling" shall not be deemed to include automobile court, rooming
house, tourist home, hotel, motel, hospital, nursing home, dormitory,
fraternity, sorority house or other group residence.
SINGLE-FAMILY DETACHED DWELLINGA dwelling which is designed for and occupied by one family, surrounded by open space, and which is not attached to any other dwelling unit by any means. This term shall be deemed to include a modular home and a mobile/manufactured home, as herein defined.
MODULAR HOME (defined by the Pennsylvania Industrialized Housing
Act/Act 70[3]) — Any structure designed primarily for
residential occupancy which is wholly or in substantial part made,
fabricated, formed or assembled in manufacturing facilities for installation
or assembly and installation on the building site; housing units defined
as mobile homes are excluded from this definition.
MOBILE/MANUFACTURED HOMEA transportable, single-family dwelling designed so that it can be used for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed with a permanent foundation.
As defined herein, a mobile/manufactured home:
Shall be constructed in accordance with the Safety and Construction
Standards of the United States Department of Housing and Urban Development.
Shall have a site graded to provide a level, stable and well-drained
area.
Shall have wheels, axles and hitch mechanisms removed.
Shall be placed on a permanent foundation as described by the
following:
The foundation system shall consist of ten-inch diameter concrete
piers, concrete footing perpendicular to the main longitudinal frame,
or equivalent and shall be installed from ground level to below the
frost line (36 inches minimum). This foundation system shall be placed
on eight-foot centers along each of the two main longitudinal frames
for each section of the home with no more than three feet overhang
at each end of the section.
One-half-inch diameter by twelve-inch-long eyebolts shall be
cast in place at each corner and at two midpoints in the concrete
piers, concrete footing or equivalent. Concrete blocks shall be used
to support the home on the foundation system and wood shims may be
used for final leveling. The concrete support blocks shall not be
wider than the support foundation.
The mobile/manufactured home shall be securely anchored or tied
down with cable and thin buckles or equivalent connecting the frame
to the cast-in-place eyebolts on at least four corners and two midpoints.
The tiedown shall also be in accordance with the manufacturer's recommendations
furnished with each home.
Homes shall not be placed more than two feet above the supporting
ground area.
Shall be enclosed from the bottom of the home to the ground
or stand using industry-approved skirting material compatible with
the home.
Shall have a minimum floor area of 1,200 square feet.
The term "mobile/manufactured home" shall not be deemed to include
a recreation vehicle nor a modular home placed on a permanent perimeter
foundation.
SINGLE-FAMILY SEMIDETACHED (TWIN) DWELLINGA one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot and having yard areas on three sides.
MULTIPLE-FAMILY DWELLINGA building containing three or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple-family dwelling shall comply with all of the requirements for that type of multiple-family dwelling in that district.
LOW-RISE MULTIPLE-FAMILY BUILDINGA multiple-family dwelling (including townhouses, garden apartments, quadruplexes and other housing types) which does not contain more than six dwelling units, does not exceed three stories in height and in which each dwelling unit has an independent outside access.
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)A one-family dwelling attached to at least one other such dwelling by a common vertical wall in a building with at least three such dwellings, with each dwelling being located on a separate lot.
TWO-FAMILY SEMIDETACHED DWELLING (SEMIDETACHED DUPLEX)A two-family dwelling attached to one other two-family dwelling by a common vertical wall.
TWO-FAMILY ATTACHED DWELLING (ATTACHED DUPLEX)A two-family dwelling attached to at least one other such dwelling by a common vertical wall in a building with at least three such dwellings.
TWO-FAMILY DETACHED (DUPLEX) DWELLINGA structure on a single lot which contains two dwelling units, each of which is totally separable from the other, with one unit located over the other, and which is surrounded by open space.
GARDEN APARTMENTA low-rise multiple-family building in which individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to a common cellar.
LOW-RISE APARTMENTA multiple-family dwelling not exceeding three stories in height, which does not contain more than six dwelling units and in which each dwelling unit shares a common outside access with at least one other dwelling unit.
HIGH-RISE APARTMENTA multiple-family dwelling over three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit and elevators serve each floor.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including not more than one kitchen
used exclusively for the residence of one family.
The erection, construction, alteration or maintenance by
public utilities or municipalities or other governmental agencies
of underground or overhead gas, electric, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems.
One or more persons occupying the same dwelling unit and
living and cooking as a single housekeeping unit, said unit consisting
only of individuals who are related by blood, marriage or otherwise
by law, except that such unit may also consist of foster children,
two other individuals not related to others in the housekeeping unit.
A family, as herein defined, specifically excludes individuals and
groups occupying a boarding or rooming house, lodging house, club,
fraternity, hotel or similar living environment.
Includes but is not limited to any structure composed of
natural vegetation or manufactured material designed as an enclosure
to prevent intrusion upon a lot or piece of ground and/or for the
purpose of privacy for the occupant or occupants of said lot or piece
of ground. Natural living fences (such as hedges) are included in
this definition. For living fences (vegetation), a non-fee zoning
permit is required.
The mean curb level; when a curb level has not been established,
"grade" shall mean the average finished ground elevation adjoining
the buildings.
A temporary or occasional gathering of people for the purpose
of buying, selling, trading or swapping predominantly used or antique
household furniture, collectibles, fixtures, books, clothing or personal
items such as watches or jewelry.
For the purposes of applying the requirements for off-street
parking and loading, in the case of offices, merchandising or service
types of users, the gross floor area used or intended to be used by
tenants or for the service to the public or customers, patrons, clients
or patients, including areas occupied by fixtures and equipment used
for display or sale of merchandise. It shall not include areas used
principally for nonpublic purposes such as storage, incidental repair,
processing or packaging of merchandise, for shop windows, for offices
incidental to the management or maintenance of stores or buildings,
for toilet or rest rooms, for utilities or dressing rooms, fitting
or alteration rooms.
The side or sides of a lot abutting on a street.
Any accessory building or part of a principal building used
for the storage of motor vehicles owned or used by the owner or tenant
of the premises and having no public shop or service provided therewith.
Municipal, county, state or federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments.
The use of a permitted dwelling unit in such
a way that it meets all of the following criteria:
Involves the care of fewer than 15 persons or a lower maximum number of persons provided by § 256-17.
Involves the care of persons who need nonroutine
support services and oversight in order to reasonably function, because
of physical illness or infirmity, old age, physical disability, mental
illness, mental retardation or emotional disability or other handicap,
as defined by the relevant federal law or regulation,[4] but not including any use that meets the definition in
this chapter of a "criminal treatment center."
Involves persons living together and functioning
as a common household.
Meets all of the standards in § 256-17.
Does not involve the housing of persons who
constitute a direct threat to the physical safety of others, including
but not limited to persons prone to physical violence against others.
Either of the following shall not by itself cause the regulations of § 256-17 to apply other than what applies to a family:
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes and subject to special state or
federal licensing.
The vertical distance measured from the average grade at
the front of the structure or sign to its highest point. The highest
point in the case of a sign shall include the supporting structure.
An accessory use for commercial gain customarily conducted
within a dwelling which is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and does not change its
character, provided that such an occupation is operated and conducted
entirely by members of the family resident in the main building of
a lot, except that there may be one employee who is not a member of
the family.
A building used for the diagnosis, treatment or other care
of human ailments. Unless otherwise specified, "hospital" shall be
deemed to include a sanitarium, sanitorium, clinic, medical center
or other equivalent use.
A building or group of buildings which contains six or more
rental units for overnight lodging of travelers or for the temporary
occupancy of transients, licensed under applicable laws.
The percentage of a lot covered by buildings, structures,
paved areas and gravel and by man-made materials that are impenetrable
by water.
Any discarded material or articles (including scrap metallic
or nonmetallic items, abandoned vehicles and equipment, paper, glass,
containers and structures). It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
Any lot on which six or more adult (over six months of age)
dogs or cats are kept.
Consists of all the following: sink with piped water, a cooking
appliance and a refrigerator.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two 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; or
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.
A subdivision of land.
The following shall not be considered a land
development:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a leasee (if he
is authorized under the lease to exercise the right of the landowner)
or other person having a proprietary interest in land.
See "boardinghouse."
Any parcel or tract of land established by plot, subdivision
or as otherwise permitted by law with frontage on a public or private
right-of-way intended as a unit of ownership, transfer of ownership,
use, rent, improvement or development. The term "lot" includes the
word "plot," "parcel" and "tract."
CORNER LOTA lot situated at and abutting the intersection of two streets or upon two parts of the same street having an interior angle of intersection not greater than 135°. A corner lot shall have two front yards.
FLAG LOTA single irregular-shaped interior lot, the principal or larger area of which is located to the rear of another interior lot, access to which is over the narrow portion of the lot which extends from the principal area to the street. Road access is to be utilized for this single Flag lot only.
INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
REVERSE FRONTAGEA lot extending between and having frontage on two generally parallel streets (excluding service streets or alleys) with vehicular access solely from one street.
DOUBLE FRONTAGEA lot extending between and having frontage on two generally parallel streets.
The area contained within all property lines of a lot. The
following shall not be included when calculating minimum lot area:
space within all street rights-of-way, both public and private and
all easements of access, sanitary sewer easements, storm sewer easements,
drainage easements, as well as stormwater detention basins and retention
basin easements.
A percentage which when multiplied by the lot area will determine
the permitted building area, including all roofed structures and buildings.
The mean average horizontal distance between the front and
the rear lot lines.
The property lines bounding the lot.[5]
FRONT LOT LINE (STREET LINE) "1"A lot line separating the lot from a street right-of-way. The front lot line shall be the same as an existing or future right-of-way line (whichever establishes a greater width).
REAR LOT LINE "2"A lot line opposite and most distant from the front lot line or in the case of triangular lots, a line 10 feet in length entirely within the lot, parallel to and a maximum distance from the front lot line.
SIDE LOT LINE "3"Any lot line other than a front or rear lot line.
Any lot which individually or as a part of a subdivision
has been recorded in the office of the Recorder of Deeds of Delaware
County, Pennsylvania.
The horizontal distance between the side lot lines measured
along the minimum prescribed front yard setback line as set forth
in the Borough Zoning Ordinance.[6]
Include major mechanical and body work, straightening of
body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations.
Any place or establishment where a massage is available,
a massage being construed to mean the performance of manipulative
exercises upon the human body of another by rubbing, kneading, stroking
or tapping with the hand or hands or with any mechanical or bathing
device with or without supplementary aids, including, but not by way
of limitation, a massage school.
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
An area of land or building owned, leased or occupied by
an association of persons, operated solely for a recreational, social,
fraternal, religious, political or athletic purpose, and whose activities
are confined to the members and guests and are not extended to the
general public.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal property.
Includes:
Sale and servicing of spark plugs, batteries and distributors
and distributor parts;
Tire servicing and repair, but not recapping or regrooving;
Replacement of mufflers and tailpipes, water hoses, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors
and the like;
Radiator cleaning and flushing;
Washing and polishing and sale of automotive washing and polishing
materials;
Greasing and lubrication;
Providing and repairing fuel pumps, oil filters and lines;
Minor servicing and repair of carburetors;
Emergency electrical repairs;
Adjusting and repairing brakes;
Minor motor adjustment not involving removal of the head or
crankcase or racing the motor;
Mini-grocery store with sales of packaged foods, beverages,
tobacco and similar convenience goods for filling station customers,
as accessory to principal operation; and
Provision of road maps and other informational material to customers;
provision of rest room facilities.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
residential use.
See "hotel."
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Board.
A structure which could not be built under this chapter by
reason of restrictions on area, lot coverage, height, yards or other
characteristics of the structure or its location on the lot, but was
lawfully in existence prior to the effective date of this chapter.
A use which does not comply with the applicable use provisions
of this chapter, but which was lawfully in existence prior to the
effective date of this chapter.
The raising of trees (for transplanting), ornamentals, shrubs,
flowers or houseplants for any commercial purpose.
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A building in which a business is conducted, but is not a
personal service, professional service or retail store.
The Official Map as adopted or amended by the Borough Council
showing the characteristics of streets, watercourses and public grounds.
The map as adopted or amended by the Borough Council classifying
the streets of the Borough into functional categories.
The map as adopted or amended by the Borough Council which
designated the location and boundaries of zoning districts.
The area of a lot unoccupied by principal or accessory structures,
streets, driveways or parking areas; but includes areas occupied by
walkways, patios or trees.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site which is open space designed
and intended for the use or enjoyment of residents of a development.
The Aldan Borough Zoning Ordinance, including the Official
Zoning Map and any amendments enacted by the Borough Council.
Any area which is predominantly open space, is used by the
public principally for active or passive recreation, and is not used
for a profit-making purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
An off-street space available for the parking of one motor
vehicle and having a minimum of 200 square feet, exclusive of driveways,
passageways and maneuvering space appurtenant thereto, and having
access to a public street.
A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the Zoning Ordinance which authorizes an applicant to proceed with said use, building or structure.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration or reconstruction.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure or change in use of structure or parcel of land or reoccupancy of a structure or land indicating that the premises comply with the provisions of the Zoning Chapter and may be used for the purposes set forth in the occupancy permit.
A use which does not require special action by the Zoning
Hearing Board or by the Borough Council before a zoning permit is
granted by the Zoning Officer.
An individual, partnership, organization, association, trust
or corporation. When used in a penalty provision, "person" shall include
the members of such partnership, the trustees of such trust and the
officers of such organization, association or corporation.
A building in which a business provides a service oriented
to personal needs which do not involve primarily retail sales of goods
or professional advisory services. Personal services include barber
and beauty shops, shoe repair shops, household appliance repair shops
and other similar establishments.
An area of land which is commercially rented for picnics.
An area of land of a minimum contiguous size under single
ownership containing any combination of two or more principal uses
permitted by right, as a special exception or as a conditional use
in the district in which the development is proposed, provided that
a special exception or conditional use approval must be obtained for
any proposed use so listed in the regulations of the district in which
the development is proposed.
An area of land of a minimum contiguous size controlled by
a single landowner, to be developed as a single entity for a number
of dwelling units in a variety of housing types, and which has a development
plan that does not comply with regulations on lot size, bulk or type
of dwelling, density, lot coverage or required open space, which apply
to any single residential district created from time to time by the
Zoning Ordinance.
The Aldan Borough Planning Commission, Delaware County, Pennsylvania.
A maintained planted all-season visual barrier composed of
natural vegetation (i.e., plants, trees, hedges) arranged to form
a visual barrier.
The building in which the principal use of a lot is conducted.
The single dominant use or single main use on a lot.
A building in which services are performed by a member of
a profession, including but not limited to an accountant, architect,
author, community planner, dentist, engineer, insurance agent, landscape
architect, lawyer, minister, notary, optometrist, physician or realtor.
A formal meeting held pursuant to public notice by the Borough
Council, Planning Commission or Zoning Hearing Board, intended to
inform and obtain public comment, prior to taking action in accordance
with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Public schools, parks and administrative, cultural and service
buildings and telephone exchange buildings, utilities, but not including
public land or buildings devoted primarily or solely to the storage
and maintenance of equipment and material.
Any structure used for the transmission or retransmission
of a commercial radio or television broadcast signal.
A vehicle (regardless of size) which is designed principally
for travel, recreational and vacation uses (regardless of whether
it is self-propelled or is designed to be towed or carried by another
vehicle). "Recreation vehicle" includes campers, pickup coaches, travel
trailers, motor homes and boats.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon their recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of production.
Except as otherwise provided, one or more rooms intended
to be occupied by one family as separate living quarters, but does
not contain any of the following: sanitary facilities, kitchen facilities
or direct access from the outside or through a common hall.
A building in which food is prepared for the purpose of furnishing
meals to the public where customers place their orders and food is
served for consumption either at seating areas within the building
or for takeout for consumption off the premises.
FAST-FOOD RESTAURANTA restaurant providing service to customers, but where no waiters or waitresses take orders and serve food to seated patrons at tables, booths or counter seats.
FAST-FOOD RESTAURANT WITH DRIVE-IN SERVICEA restaurant providing service to customers remaining seated in automobiles, either through an exterior window or service area or through service to parked automobiles.
A building in which retail merchandise is sold or rented,
except for any type of business selling any type of retail merchandise
which is specifically listed in this chapter.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public purposes.
See "boardinghouse."
All of the following: sink with hot and cold piped water,
a toilet and a bathtub or shower with hot and cold piped water.
A dish-shaped antenna, together with all attachments and
parts, the purpose of which is to receive communication from orbiting
satellites or other extraterrestrial sources.
A maintained planted all-season visual barrier composed of
natural vegetation (i.e., plants, trees, hedges) arranged to form
a visual barrier.
An accessory use for the sale of dairy, farm, greenhouse
or nursery products.
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of the appropriate state
agency and of the Borough.
A retail commercial area designed as a unit, with adequate
off-street free parking area and usually consisting of several one-story
buildings.
Any writing, figure, representation, emblem, flag (other
than the flags of the United States and the Commonwealth of Pennsylvania),
banner, model, device, letter, word, street clock and temperature
announcement, which shall include any announcement, declaration, demonstration,
display, illustration, name identification, description or insignia
used to advertise or promote the interest of any person or firm when
such representation is placed in view of the general public. This
definition shall include any sign placed upon a vehicle when that
vehicle is used primarily for the placement and/or display of advertising
matter.
ARTISAN SIGNTemporary signs of workmen performing services at or alterations to a building or premises.
BULLETIN BOARDA sign of permanent character, but with movable letters, words or numerals indicating the names of persons associated with or events connected with or products or services offered on the premises upon which such a sign is maintained.
BUSINESS OR INDUSTRIAL SIGNA sign directing attention to a business, industry, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained.
DEVELOPMENT SIGNA sign indicating that the premises is in the process of being subdivided and/or developed for the construction of dwellings or other buildings.
DIRECTIONAL SIGNA sign conveying instructions with respect to the premises on which it is maintained, such as the entrance and exit of a parking area, a no trespassing sign, a danger sign and similar signs.
FREESTANDING SIGNA detached sign which shall include any permanent sign supported by uprights or braces placed on or in or supported by the ground and not attached to any building.
IDENTIFICATION SIGNA sign other than a bulletin board or nameplate sign, indicating the name of a permitted use, the name or address of a building or the name of the management thereof.
ILLUMINATED SIGNA nonflashing or nontwinkling sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes as part of the sign.
NAMEPLATE SIGNA sign which designates the name and address of an occupant or group of occupants.
OFFICIAL TRAFFIC SIGNThose signs erected by the Commonwealth of Pennsylvania Department of Transportation or the Borough of Aldan which are designed to regulate traffic or to describe road conditions.
PORTABLE SIGNA nonstationary sign.
PROFESSIONAL SIGNSThose signs which indicate the profession of a doctor of medicine, veterinarian, dentist or practitioner of similar character.
PROJECTING SIGNA display sign which is attached directly to any building wall and which extends more than 12 inches from the face of the wall.
REAL ESTATE SIGNA temporary sign indicating the sale, rental or lease of the premises on which the sign is located.
SIGN ON MOBILE STANDA temporary, portable sign mounted on a movable stand.
WALL SIGNAny sign erected against the wall of any building or displayed on windows or doors or displayed with the exposed face thereof in a plane parallel to the face of said wall, window or door and which sign is mounted at a distance measured perpendicular to said wall not greater than 12 inches.
Includes the entire area of the sign structure, which shall
include all moldings, battens, cappings, nailing strips, backings,
latticing and platforms and which are attached or form a part of the
sign structure and/or incidental to its decoration. For the purpose
of this chapter, when two sign faces are placed back to back and are
at no point more than two feet from one another, the sign area shall
be taken as the sign area of both faces. For the purpose of this chapter,
signs which are composed of letters, words or representation only
and which do not form a square or rectangular pattern shall be considered
to include in the sign area a square or rectangle drawn at the outer
limits of the letters, words or representation and extended from the
highest of any thereof.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
Normal agricultural tillage operations are not considered to be site
alterations.
The plan submitted for site plan review, prepared in accordance with the requirements of § 256-27C.
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (solar time) on any area of a lot not within required
yard areas.
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
chapter, provided that the use complies with the conditions and standards
required by this chapter.
That portion of a building included between the surface of
any floor and the ceiling next above it, having a vertical distance
of not less than seven feet, shall be considered a full story. Any
such portion of a building having a vertical distance of less than
seven feet shall be considered a half story. Basements shall be considered
full stories while cellars shall not be considered as being stories
or half stories.
A public or private right-of-way intended as a means of vehicular
travel, furnishing access to abutting properties. The term "street"
shall include the words "road," "highway," "thoroughfare" and "way."
Streets shall be further classified as follows:
ARTERIAL STREETA street designed for large volumes of comparatively high-speed and long-distance traffic, involving all streets classified as main and secondary highways by the Pennsylvania Department of Transportation. Access to abutting properties is restricted in an effort to give preference to through movement of traffic.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor local streets to provide a route serving 50 or more dwelling units to community facilities and/or other collector and arterial streets.
MARGINAL ACCESS STREETA minor local street, parallel and adjacent to an arterial street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with arterial streets.
MINOR LOCAL STREETA street used primarily to provide access to abutting properties.
A minor street intersecting another street and terminating
in a vehicular turnaround at the other end.
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than normally required for improvement
and use of the street.
A local street, serving only abutting lots, which is not
offered or required to be offered for dedication.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway) intended for general public use as a means
of vehicular and pedestrian circulation to provide access to more
than one lot. The term "public street" includes any thoroughfare intended
for public use.
Any change in the structural parts of a structure such as
walls, columns, beams, girders, floors, roof or ceiling, or any addition
to any structure; or the moving of a structure from one location to
another. "Structural alteration" does not include normal maintenance,
minor repairs or interior alterations.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include building, signs, fences, walls, towers,
swimming pool, porches, garages and similar structures. "Structure"
shall be interpreted as including the words "or part thereof." For
the purpose of this chapter, streets and/or driveways are not considered
to be structures.
A building covered by land on at least 50% of the total surface
of its walls and roof.
An area containing a swimming pool which is used by the public
or by members for a fee.
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone and radio messages
between subscribers, provided that in a residential district such
building shall conform to the architectural design of the neighborhood
and shall not include public access or business facilities, storage
of materials, trucks or repair facilities or housing of repair crews.
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
A structure which is not designed to last or to be used for
a specific use for more than six consecutive months.
One or more lots assembled for the purpose of unified development,
including but not limited to a planned residential development, shopping
center, office or industrial park.
See "mobile home" (listed under "dwelling") and "recreation
vehicle."
See "recreation vehicle."
A satellite signal which, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations or by way of cable television.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variation from the
strict application of a requirement of the Zoning Ordinance. Variances
are granted only in the case of exceptionally irregular, narrow, shallow
or steep lots or other exceptional physical conditions, whereby strict
application of regulations would result in practical difficulty and
unnecessary hardship. Variances are granted only if specific requirements
are met. A variance may not be granted to permit a use which is not
permitted in the zoning district involved.
See "animal hospital."
A system for supplying water from a common source or sources,
available to all dwellings and buildings within a franchise area;
the system falling under the jurisdiction of the P.U.S. (Philadelphia
Suburban Water Company).
An open space that lies between the principal building and
the nearest lot line and which is unoccupied and unobstructed from
the ground upward except as herein permitted.
See "district."
See "board."
The administrative officer or others charged with the duty
of enforcing the provisions of the Zoning Ordinance.
[1]
Editor's Note: See 68 Pa.C.S.A § 3101
et seq.
[3]
Editor's Note: See 35 P.S. § 1651.1
et seq.
[4]
Note: As of 1990, the Federal Fair Housing
Act defined "handicap with respect to a person" as follows: "(1) a
physical or mental impairment which substantially limits one or more
of such person's major life activities, (2) a record of having such
an impairment, or (3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction
to a controlled substance as defined in Section 802 of Title 21.").
[5]
Editor's Note: The drawing which accompanied this definition (Sample Lot Configurations) is included as an attachment to this chapter. The numbers on the drawing correspond with the numbers included with each of the definitions in Subsections A, B and C hereof.
[6]
Editor's Note: The two drawings that accompanied
this definition of "lot width" are included as attachments to this
chapter.
[7]
Editor's Note: See now 65 Pa.C.S.A. § 701
et seq.
[8]
Editor's Note: Said Exhibits A and B are included
as attachments to this chapter.
[9]
Editor's Note: Said Exhibits A and B are included
as attachments to this chapter.
[10]
Editor's Note: Said Exhibits A and B are included
as attachments to this chapter.
