[Ord. 2227, 12-10-2013]
1.
Unless contrary intention clearly appears, the following words and
phrases shall have, for the purposes of this chapter, the meanings
given in the following clauses and shall be interpreted as follows:
A.
Words used in the present tense shall include the future.
B.
The singular includes the plural.
C.
The word "person" includes an individual, firm, partnership, corporation,
company, association, or government entity, including a trustee, an
assignee or similar representative.
E.
The term "shall" is mandatory.
F.
The term "may" is permissive.
G.
The words "used" or "occupied," are applied to any land or building
and shall be construed to include the words "intended, arranged or
designed to be occupied."
H.
The word "Council" and the words "Borough Council" always refer to
the Phoenixville Borough Council, and "Borough" always references
the Borough of Phoenixville.
I.
The word "Commission" and the words "Planning Commission" always
refer to the Phoenixville Borough Planning Commission.
J.
The word "Board" or the words "Zoning Hearing Board" always refer
to the Phoenixville Borough Zoning Hearing Board.
K.
The words "Zoning Officer" always refer to the Phoenixville Borough
Zoning Officer.
L.
"Chapter" and "Ordinance" and "Zoning Ordinance" all refer to the
Phoenixville Borough Zoning Ordinance.
M.
The word "Code" or "Borough Code" refers to the complete body of
legislation for the Borough of Phoenixville, as revised, codified
and consolidated into chapters, parts and sections by General Code.
N.
Use of the abbreviation "MPC" is a reference to the Pennsylvania
Municipalities Planning Code found at 53 P.S. §§ 10101-11202.
O.
Use of the phrase "Subdivision and Land Development Ordinance" shall
refer to the Borough of Phoenixville's current Subdivision and Land
Development Ordinance, as amended.
2.
Any word or term not defined herein shall be interpreted according
to the meaning of standard usage.
[Ord. 2227, 12-10-2013]
As used in this chapter, the following terms shall have the
meanings indicated:
A building on the same lot with the principal building and
customarily incidental and subordinate to the principal building.
Includes, but is not limited to, a parking garage used for
the parking of passenger automobiles, including noncommercial trucks
and vans, and storage sheds which are used for residential storage
purposes only.
A fence, wall, driveway, sidewalk, sign, patio, deck, terrace,
porch and the like that is incidental and subordinate to the principal
use and principal building.
A use on the same lot with the principal use and customarily
incidental and subordinate to the principal use.
A store, shop and/or other commercial establishment with
more than 15 square feet of floor area devoted primarily to the display,
sale and/or rental of and/or with 10% or more of its gross income
attributable to sale and/or rental of pornographic materials, which
are pictures, drawings, photographs, movies and/or other visual images
and/or paraphernalia which, if sold knowingly to a child under 18
years of age, would violate the then-current criminal laws of the
Commonwealth of Pennsylvania. No other use identified as being allowed
in any zoning district shall be construed to be, include and/or allow
any use which is part of this adult commercial use. No use which is
within the definition of "adult commercial" use shall be permitted
(e.g., by right, conditional use, special exception and/or as an accessory
to any principal use) except as an adult commercial use.
The display of pornographic movies, videos, pictures and/or
other visual images, and/or display of live human "stripping," "topless,"
and/or nude person(s), and/or any other live display of the human
body where female breasts and/or male or female buttocks and/or genitalia
are exposed to patrons, business invitees, guests and/or club members
as part of a private club, entertainment establishment, bar, tavern
and/or other commercial business or activity. All such adult entertainment
uses shall constitute a separate use and shall require separate use
approval (e.g., by zoning use permit) whether or not they are an accessory
use. No other use identified as being allowed in any zoning district
shall be construed to be, include and/or allow any use which is part
of this adult entertainment use. No use which is within the definition
of "adult entertainment use" shall be permitted (e.g., by right, conditional
use, special exception and/or as an accessory to any principal use,
including but not limited to a bar or tavern) except as an adult entertainment
use.
Such use includes the retail sales of agricultural products
at roadside stands or other structures to the general public; the
production of agricultural, horticultural, arboricultural, viticultural
and dairy products; the keeping of livestock, poultry, and bee-raising;
the outdoor raising of plants, shrubs and trees for sale and transplantation;
an establishment where horses are boarded and cared for, and/or where
instruction in riding, jumping and showing is offered, and/or the
general public may, for a fee, hire horses for riding; and other such
uses with similar characteristics.
A public or private right-of-way, for vehicular access to
the rear or side of properties.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
[Added by Ord. 2236, 7/8/2014]
BUILDING AREAThe area of a site which is under any part of a building.
LOT AREAThe area contained within the property lines of an individual parcel of land shown on a subdivision or land development plan or a lot, excluding any land area which has any of the following characteristics:
Not contiguous to the lot;
In any and all existing and proposed streets or street rights-of-way
and railroad rights-of-way;
Any area required as open space under this chapter;
The area of any and all easements for and the area used for
and/or within any and all utility (ies), stormwater management facility
(ies) and/or system, floodway, body of water (at its highest elevation)
and wetlands.
FLOOR AREAThe sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, as well as basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, enclosed porches, attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
FLOOR AREA; GROSS LEASABLE AREAThe total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use, not including public or common areas such as utility rooms, stairwells, malls, etc.
This use includes facilities such as automobile repair garages;
facilities for the sale of automobiles by a duly franchised new car
dealership, including used car sales and/or car, truck, trailer, cycle
and boat rental; facilities used for the retail sale of vehicular
fuels, including, as accessory uses, the sale and installation of
lubricants, tires, batteries, and similar accessories and/or the sale
of groceries and similar convenience-type products; and facilities
or premises used for washing motor vehicles.
This use is included as a permitted use under the definition
of "retail goods and services." An auto supply store is a facility
used for the sale of automotive accessories, such as parts, tires,
batteries, and other supplies. Minor installation and limited storage
of parts may also take place within an enclosed structure.
A projection or shelter extending from and supported by the
exterior wall of a building and composed of rigid or nonrigid materials
and/or fabric covering on a supporting framework that may be either
permanent or retractable, including such structures that are internally
illuminated.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height not less than 6 1/2 feet.
A residential home converted into a commercial use offering
lodging for overnight guests and offering common eating facilities.
A freestanding structure erected for the purpose of advertising
which is not associated with a building on the same lot; also known
as an "outdoor advertising sign."
An area of land surrounded by streets. Alleys and streets
or lanes that function as alleys are within a block.
[Amended by Ord. 2015-2251, 5/12/2015, § 2]
All lots abutting one side of a street between the two nearest
intersecting streets or one intersecting street and a street dead
end.
[Added by Ord. 2016-2268, 11/1/2016]
Phoenixville Borough, Chester County, Pennsylvania.
[Added by Ord. 2236, 7/8/2014]
A structure under a roof used for the shelter or enclosure
of persons, animals, or property. The word "building" shall include
any part thereof.
That area of a lot that has no development restrictions.
The building envelope shall not include the area of any required setbacks
(except for driveways which would cross the yards), buffer yards,
natural features with 100% protection standard, and the portion of
those natural features that may not be developed or intruded upon.
The area of a building or any part thereof, conditioned or
unconditioned, where it meets the ground; usually the area of the
slab or grade.
[Added by Ord. 2017-2279, 9/12/2017]
The vertical distance from either the finished grade at the
front of the building or the mean ground level, whichever is the lowest,
to the highest point of the roof or parapet wall for buildings with
flat or mansard roofs; or the mean height between the building eave
and ridge for gable, hip and gambrel roofs. If there are two or more
separate roofs on a single building, the height of such shall be calculated
from the highest roof. Chimneys, spires, cupolas, and similar building
elements shall not be included in the building height. If required
or requested by the Borough, the builder, architect or engineer of
the building shall certify the building height prior to the issuance
of a certificate of occupancy. "Mean ground level" is a reference
plane representing the average of the finished ground level at the
center of all exposed walls of the building. Where walls are parallel
to and within five feet of a sidewalk, the sidewalk shall be considered
the mean ground level. "Mean height" is a reference plane representing
the distance from the mean ground level to the highest point of the
roof or parapet wall for buildings with flat or mansard roofs or the
reference plane representing 1/2 the vertical distance from the building
eave and ridge for gable, hip and gambrel roofs.
A building in which the principal use of the lot upon which
the building is located is conducted or is intended to be conducted.[1]
The minimum distance between buildings. The minimum building
spacing shall be measured from the outermost wall or projection, excluding
bay windows, chimneys, flues, columns, ornamental features, cornices
and gutters. These exceptions may encroach no more than three feet
into the required minimum distance between buildings.
A horizontal recess of a building above a lower level.
[Added by Ord. 2015-2251, 5/12/2015, § 2]
[Added by Ord. No. 2018-2294, 10/9/2018]
ATTACHEDAn attached building is one where at least one wall is shared with another.
DETACHEDA detached building is a freestanding building that does not abut any other building and where all sides of the building are surrounded by yards or open areas.
MID-RISEA detached building that has a building height greater than 45 feet and up to 60 feet high.
HIGH-RISEA detached building that has a building height greater than 60 feet and up to 80 feet high.
SELF-STORAGEAlso known as "self-service storage" and "mini warehouse," self-storage facilities are buildings or structures designed and used for renting or leasing individual storage spaces, other than storage spaces which are leased or rented as an incident to the lease or rental of residential property or dwelling units, to which the occupants thereof have access for storing or removing their personal property.
A line with which the exterior wall of a building is required
to coincide that runs parallel to the property line, as measured perpendicularly
to the curb or edge of a street cartway, that enables the alignment
of buildings on a block in order to maintain the traditional character
of the streetscape of the Borough. If there is no preexisting or defined
curb or edge, then the build-to line is measured from the ROW line.
Required build-to lines or yards shall be measured from the edge of
a wetland buffer where applicable.
[Amended by Ord. 2015-2251, 5/12/2015, § 2; and
by Ord. 2016-2268, 11/1/2016]
The distance which existing construction of a building wall
occurs on a lot.
[Added by Ord. 2015-2251, 5/12/2015, § 2]
The diameter of a tree measured six inches above grade.
Property used for the interring of the dead.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or utility pole or light pole.
[Added by Ord. 2236, 7/8/2014]
A parking lot used and shared by two or more businesses or
enterprises.
The Commonwealth of Pennsylvania.
[Added by Ord. 2236, 7/8/2014]
An institutional or recreational building type that provides
space for meeting rooms, classrooms, public assembly, and exercise
and sports facilities, which may also include ancillary cooking facilities
and offices. A community center may also encompass outdoor recreational
space, community gardens or other similar-type outdoor uses. This
use is not intended to include privately owned and for-profit health
and fitness clubs.
A plot of land (public or private) for the use of individual
small garden plots by residents for producing food for their own use
and recreation or donation to nonprofit groups and not for commercial
use or sale.
A mix of uses and building types along a primary thoroughfare
such as Route 23/Nutt Road.
County of Chester, Commonwealth of Pennsylvania.
[Added by Ord. 2236, 7/8/2014]
A thoroughfare for pedestrian access, across a street or
driveway, that is created and maintained in accordance with the design
standards of the Subdivision and Land Development Ordinance.
A gap in a curb to enable vehicular access to a driveway
or alley.
A licensed facility in which care is provided for children
outside a residential home environment. A day-care center may include
a nursery, nursery school, preschool, kindergarten or other type of
agency providing day-care services for children.
A facility within a residential home in which care is provided
for one or more children, but no more than six children at any one
time, who are not relatives of the caregiver, and where the child-care
areas are also being used as a family residence. The family day care
shall be clearly subordinate to the existing residential use of the
property and shall be treated as an accessory use to the dwelling
unit.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
as measured to the reference pressure, which is 20 micropascals (20
micronewtons per square meter).
A measure of the number of dwelling units per unit of area.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other pavings, utilities, filling,
grading, excavation, mining, dredging or drilling operations, as well
as the subdivision of land.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. 2236, 7/8/2014]
A thoroughfare that provides vehicular access on a lot to
a building or use.
An activity in a building and on a lot that provides instruction,
training, and/or similar type of advancement in educational or vocational
skills.
The lowest horizontal line of a sloping roof.
An exterior, computer-programmable sign capable of displaying
words, symbols, figures or picture images that can be altered or rearranged
automatically or by remote means, utilizing LED (light-emitting diode)
technology or other light sources as part of the sign or sign face,
electronic or digital sign face, to produce the characters and graphics
of this display.
A condition that:
[Added by Ord. 2236, 7/8/2014]
Those services and uses customarily rendered by fire, ambulance,
police, rescue and other emergency services of a municipality, or
a volunteer or privately operated group, including the facilities
and appurtenances used in connection with the supplying of such services
and uses (such as buildings and equipment).
An entertainment facility operated as a gainful business
within a building or structure which provides automatic amusement
devices or games, including pool or billiard rooms or similar facilities.
Regulations that provide safeguards for the health, safety,
and welfare of the Borough pertaining to water quality, air quality,
and quality of life in terms of noise, glare, heat, toxicity, and
the like.
To build, construct, attach, hang, suspend, affix, alter,
or to structurally repair, remove, relocate, demolish, or modernize,
or to paint on a wall.
That portion of any exterior elevation of a building extending
vertically from grade to the top of the parapet, wall or eaves and
horizontally across the entire width of the building elevation.
One person, or two or more persons related by blood, foster
relationship, marriage, or adoption, and, in addition, any domestic
servants or gratuitous guests thereof, or a group of not more than
five persons who need not be so related, and, in addition, domestic
servants or gratuitous guests thereof, all of whom are living together
in a single dwelling unit and maintaining a common household with
single cooking facilities. A roomer, boarder or lodger shall not be
considered a member of the family.
The Federal Communications Commission.
[Added by Ord. 2236, 7/8/2014]
A barrier constructed of any combination of materials that
is intended to enclose or partition a space or define a property line.
The ratio of the floor area to the lot area, as determined
by dividing the floor area by the lot area.
A unit of incident light quantity measurable with an illuminance
meter, aka, footcandle meter or light meter.
[Added by Ord. 2235, 7/8/2014]
A sign, other than a billboard, which is supported by its
own structure, which structure is used only for the sign and is permanently
anchored into the ground below the frost line with a footing.
The designated floodplain area and riparian buffer that meanders
along the French Creek, as shown on the Resource Protection Map of
Phoenixville Borough.[2]
The designated pedestrian accessway along the French Creek,
as shown on the Resource Protection Map of Phoenixville Borough.
[3]The area of a lot facing a street that is occupied by the
front yard.
A term used by the lighting industry to describe a lighting
fixture from which no light is emitted at or above a horizontal plane
drawn through the bottom of the fixture and no more than 10% of the
lamp's light intensity is emitted at an angle 10° below that horizontal
plane, at all lateral angles around the fixture.
[Added by Ord. 2235, 7/8/2014]
An establishment for the preparation of the deceased for
burial, the display of the deceased, and any ceremonies connected
therewith before such burial or cremation.
The sensation produced by excessive direct or reflected light
that causes annoyance, discomfort or loss in visual performance to
the eye. Glare is subjective and cannot be measured with a meter.
[Added by Ord. 2235, 7/8/2014]
A public or private open space, typically enclosed with buildings
on at least two sides, that is used as a pedestrian gathering area.
Housing occupied by groups of unrelated individuals with
disabilities. Such housing may be provided by the individuals themselves
or by a group home operator and shall include reasonable accommodations
to facilitate the group home use within the Borough as provided for
in the Fair Housing Act. A group home does not include housing for
current users of illegal controlled substances, work release facilities
for convicts, housing as an alternative to incarceration or housing
for persons who present a direct threat to other people or their property.
The attribute of a zoning district that lends itself to new
development, redevelopment, and/or adaptive reuse.
When used in relation to a pipeline or pipeline system, "hazardous
liquid" means petroleum, petroleum products, anhydrous ammonia, or
ethanol.
[Added by Ord. No. 2020-2313, 4/14/2020]
A commercial business offering primarily indoor sports and
fitness facilities to the public, including sports such as racquetball,
handball, squash, tennis, basketball and volleyball, fitness classes
and other healthy lifestyle activities and amenities. A health and
fitness club also encompasses facilities for activities such as rock
climbing, trampoline and moon bounce activities, and other physical
fitness activities of a similar nature.
The designated pedestrian accessway along High Street, as
shown on the Resource Protection Map of Phoenixville Borough.
[4]A retail establishment that has frontage at two street corners
and offers items for sale in a neighborhood of the Borough.
A designated area that envelopes a neighborhood of buildings
that has been recognized by the Pennsylvania Historic and Museum Commission
and/or is listed on the National Register of Historic Places, as shown
on the Resource Protection Map of Phoenixville Borough.
[5]A home occupation for gain that is an accessory use, which
must be separately permitted, which is clearly subordinate to the
existing residential use of the property and shall be conducted within
the dwelling unit primarily by a person(s) residing in the dwelling
unit. Such use may involve clients or customers visiting the dwelling
on a limited basis and involve deliveries, to and from the dwelling
unit, on a limited basis without impacting adjacent properties.
A retail use that sells building products, typically with
a ground floor area of greater than 65,000 square feet.
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, or pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use.
An establishment, licensed by the American Hospital Association,
which provides health services primarily for inpatient medical or
surgical care of the sick or injured, which includes related facilities,
such as laboratories, outpatient departments, training facilities,
central service facilities, as well as staff offices as an integral
part of the establishment.
A building or group of buildings used for the accommodation
of transient guests, chiefly motorists, and containing guest rooms
for rent.
The quantity of incident light per unit area, measured with
a light meter in footcandles (or lux).
[Added by Ord. 2235, 7/8/2014]
Those surfaces which do not absorb water. All buildings,
parking areas, driveways, roads, sidewalks, and any other areas in
concrete, asphalt, or packed stone shall be considered impervious
surfaces within this definition.
A limitation on the intensity of use of the site as a whole
and each lot. With respect to the site, it is stated as a percentage
of the base site area; and with respect to the lot, it is stated as
a percentage of the lot area. This percentage is calculated by dividing
the total area of all impervious surfaces within the site by the base
site area.
Includes uses such as contractor/construction facilities;
crafts and trades, such as plumbing, carpentry, upholstery, cabinetmaking,
furniture-making, planing mill and similar crafts; the storage and
distribution of fuel oil or coal; a lumberyard where lumber products
are sold and/or processed; the production, processing, cleaning, testing
and distribution of materials, goods, foodstuffs and products; research,
testing or experimental laboratory; resource recovery and/or recycling
facility; storage of trucks and/or the transfer of freight from one
truck to another; and wholesale business, wholesale storage or warehousing
with no retail sale. Emergency management services uses, public utility
uses and public transportation uses are also included under the definition
of "industrial uses."
The attribute of a zoning district that enables the context-sensitive
placement of new buildings on an established block in an established
neighborhood.
A block within which new development or redevelopment is
proposed on one or more lots.
Includes uses such as park and recreation use, community
center, hospital or similar type licensed health care facility, personal
care home, library/museum, municipal use, place of worship, cemetery
and school.
[Amended by Ord. 2016-2264, 6/14/2016]
The attribute of a zoning district that pertains to the lot
coverage, height and bulk of a nonresidential use.
Any property, including any building or structure thereon,
where four or more dogs or other domestic animals, 10 weeks of age
or older, are kept or maintained for boarding, grooming, breeding,
training, showing, selling or exchange.
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 or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; 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.
A library or museum which is open to the public or connected
with a permitted educational use and not conducted as a private gainful
business.
A facility for residential use designed and operated for
individuals who may require certain support facilities or which includes
life-transition-type housing for seniors; includes residential housing
such as full-care facilities, nursing homes, life-care facilities,
senior housing and continuing-care retirement facilities.
The light created by a lighting installation, which extends
beyond the boundaries of the property on which the installation is
sited.
[Added by Ord. 2235, 7/8/2014]
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit. The term "lot" shall be interchangeable with
the term "plot" or "parcel."
[Amended by Ord. No. 2018-2294, 10/9/2018]
The area contained within the property lines of an individual
parcel of land shown on a subdivision and/or land development plan,
excluding any land area which has any of the following characteristics:
Not contiguous to the lot;
In any and all existing and proposed streets or street rights-of-way
and railroad rights-of-way;
Any area required as open space; and
The area of any and all easements for and the area used for
and/or within any and all utility (ies), stormwater management facility
(ies) and/or system, floodway, body of water (at its highest elevation)
and wetlands.
A parcel of land abutting upon two or more streets at their
intersection, or upon two parts of the same street forming an interior
angle of less than 135°.
The area of a lot covered by buildings, pavement, and other
impervious surfaces.
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
Any lot line which is parallel to or within 45° of being
parallel to a street line, except for a lot line that is, itself,
a street line, and except in the case of a corner lot, when the owner
shall have the option of choosing which of the two lot lines that
are not street lines shall be considered a rear lot line. In the case
of a lot having no street frontage or of a lot being of an odd shape,
only the one lot line furthest from any street shall be considered
a rear lot line.
Any boundary line of a lot.
Any lot line which is not a street line or a rear lot line.
An interior lot having frontage on two parallel or approximately
parallel streets; may also be known as a "reverse-frontage lot" or
a "double-frontage lot."
The distance measured between the side lot line at the specified
distance of the required building setback line. In a case where there
is only one side lot line, the lot width shall be measured between
the side lot line and the opposite rear lot line or street lot line.
The light-output rating of a lamp (light bulb), as used in
the context of this chapter.[6]
[Added by Ord. 2235, 7/8/2014]
A permanent canopy projecting over the public sidewalk above
the main entrance to a building that displays the facility's name
and/or featured attractions.
[Added by Ord. No. 2018-2294, 10/9/2018]
The attribute of a lot that involves the combination of uses,
either horizontally or vertically.
The attribute of a building that involves the combination
of uses, either vertically or horizontally.
The zoning district that features new development, redevelopment
and/or adaptive reuse on properties that can support new neighborhoods
with a mix of uses.
[Amended by Ord. 2235, 7/8/2014]
Infill that involves either vertical mixed use in a building
or horizontal mixed use on a lot. Mixed Use Infill is also a zoning
district that accommodates mixed-use development within the context
of an established neighborhood.
A transportable, single-family dwelling, intended for permanent
occupancy, which is contained in one or in two or more units designed
to be joined into one integral unit which is capable of again being
separated for repeated towing, and which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, being constructed so that it may be used
with or without a permanent foundation, including any additional or
accessory structures, such as porches, sheds, decks or additional
rooms. A mobile home is not a single-family detached dwelling.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
That part of an individual lot which has been reserved for
the placement of a mobile home, appurtenant structures, or additions
and which has been constructed according to the specifications of
this chapter.
A contiguous parcel of land which has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added by Ord. 2236, 7/8/2014]
A utility pole owned, managed, or operated by or on behalf
of a municipality.
[Added by Ord. No. 2021-2336, 10/12/2021]
Includes administration buildings, police barracks, recreation
buildings, parks, libraries or road maintenance facilities and any
other building or areas designed for municipal use or owned by the
municipality, including emergency management services administered
by the Borough.
[Amended by Ord. 2235, 7/8/2014]
The regulations that provide safeguards for the protection
of natural, hydrological, biological, botanical, and ecological resources.
Any sound which endangers or injures the safety or health
of humans or animals, or annoys or disturbs a reasonable person of
normal sensitivities, or endangers or injures personal or real property.
A lot that does not comply with the applicable area and bulk
regulations, such as lot area, setback, or lot coverage, that existed
prior to the enactment of the prevailing zoning district regulations.
A structure or part of a structure not in compliance with
applicable provisions of the Zoning Ordinance or amendment theretofore
or heretofore 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.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a Zoning Ordinance or amendment
heretofore or hereafter enacted, where such uses 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.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas and related equipment.
[Added by Ord. 2236, 7/8/2014]
A licensed nursing or convalescent home.
Includes uses such as medical offices, professional offices,
and veterinary offices (not including a kennel).
Parking for motor vehicles that is typically parallel to
the curbline in a parking space that is typically seven feet by 22
feet.
A portion of land or an area of water, or a combination of land
and water within a development site, which is designed and intended
for the use or enjoyment of residents or invitees within the development
and/or the private facility and not generally available to the public,
not including streets, off-street parking areas, and areas set aside
for public facilities.
May include areas commonly referred to as "greens" or "plazas."
A portion of land or an area of water, or a combination of
land and water, designed and intended for the use or enjoyment of
the public, not including streets, off-street parking areas, and areas
set aside for public facilities. Public open space may include areas
commonly referred to as "greens" or "plazas" but does not include
sidewalks unless such features are within the public open space design
parameters. Public open space shall also be subject to a continuing
offer of dedication.[7]
[Amended by Ord. 2235, 7/8/2014]
A temporary outdoor sales area utilizing tents, tables and/or
shelters for the selling of retail goods and services directly to
the consumer. The preparation, sale and consumption of food and beverages
may also be part of the outdoor market but may require separate permitting
and approval as an accessory use to the outdoor market.
The top of a building's wall or facade which is raised above
the roof.
A use that involves active and passive recreational activities
that take place on facilities such as playfields, playgrounds, or
play courts and in undeveloped areas such as woodlots or greenways.
A building or structure which has more than one story and
is used or intended to be used for the parking and/or storage of vehicles.
An off-street improved area with individual access for the
purpose of parking motor vehicles.
The area utilized for the temporary storage of motor vehicles,
either in a parking lot, in an on-street parking berth, or on a driveway.
PATIOA concrete or masonry pad directly on grade and without walls or a roof, as an extension or addition to a dwelling unit.
DECKA structure of wood or concrete installed above grade and without walls or roof, as an extension or addition to a dwelling unit, that may include railings and low walls with a maximum height of 3 1/2 feet from the top of the deck.
PORCHAn extension of a building with a roof supported by posts or columns, but without permanent walls.
TERRACEA plateau-like landscape space that is either earthen with grass and/or ground covers or is paved with materials such as brick, flagstone or concrete.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours, for four
or more adults who are not relatives of the operator. who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision in activities of daily living
or instrumental activities of daily living.
[Added by Ord. 2016-2264, 6/14/2016]
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania; provided that "person" does not include or apply
to the Borough or to any department or agency of the Borough.
[Added by Ord. 2236, 7/8/2014]
Crude oil, condensate, natural gasoline, natural gas liquids,
and liquefied petroleum gas.
[Added by Ord. No. 2020-2313, 4/14/2020]
The designated pedestrian accessway along the Canal, as shown
on the Resource Protection Map of Phoenixville Borough.
[8]New and existing pipe, rights-of-way and any equipment, facility,
or building used in the transportation of hazardous liquids or carbon
dioxide.
[Added by Ord. No. 2020-2313, 4/14/2020]
All parts of a pipeline facility through which a hazardous
liquid or carbon dioxide moves in transportation, including, but not
limited to, line pipe, valves, and other appurtenances connected to
line pipe, pumping units, fabricated assemblies associated with pumping
units, metering and delivery stations and fabricated assemblies therein,
and breakout tanks.
[Added by Ord. No. 2020-2313, 4/14/2020]
Any structure or structures used for worship or religious
instruction, including social and administrative rooms which are accessory
to such use.
A pedestrian gathering area that serves as a public or private
open space in which pedestrian amenities, such as benches and shade
trees, are provided.
A privately owned social club or lodge that is open only
to members of the club and their invited guests.
A formal meeting held pursuant to public notice by the Borough
Council, Zoning Hearing Board or planning agency, 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."[9]
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.
Services and uses typically associated with a transportation
facility serving one or several modes of public transportation, including
public rail, bus transit or taxi, and associated accessory uses, buildings
and structures.
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water, and sewerage, including the facilities and
appurtenances used in connection with the supplying of such services
(such as pumping stations, sewage treatment plans, landfills, buildings,
wires, pipes, poles and the like). This use does not include wireless
communication facilities.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure-time
or recreational use. Recreational vehicles or units include, but are
not limited to, travel trailers, truck-mounted campers, motor homes,
folding tent campers, autos, buses or trucks adapted for vacation
use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats,
boat trailers and utility trailers.
The reuse of a property or the expansion of buildings on
a property for a new, viable outcome.
The alteration and improvement of a building to enhance its
viability for a particular use.
The attribute of a zoning district that enables the context-sensitive
placement of new dwelling units on an established block in an established
neighborhood.
[Amended by Ord. No. 2022-2353, 9/13/2022]
DWELLINGA building or entirely self-contained portion thereof (not including a mobile home), containing complete living quarters, including cooking in one kitchen, sleeping and sanitary facilities, and designed for and occupied exclusively for human habitation.
DWELLING, SINGLE-FAMILY DETACHEDA one-family dwelling not attached to any other dwelling by any means and is surrounded by open space or yards on all sides.
DWELLING, TWIN (SINGLE-FAMILY SEMIDETACHED)A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and having open space on three sides.
Dwelling, Duplex. A residential structure contained in one building
envelope containing two dwelling units attached to each other, vertically
separated by a floor/ceiling assembly, with either shared or separate
ingress points.
Dwelling, Triplex. A residential structure contained in one
building envelope that has three dwelling units attached to each other,
oriented in any manner not defined as a rowhome or townhouse, with
either shared or separate ingress points.
DWELLING, ROWHOME OR TOWNHOUSE (SINGLE-FAMILY ATTACHED)A one-family dwelling in a row of at least three such units in which each unit has its own ground-floor access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common vertical walls and has open space on at least two sides.
DWELLING, MULTIFAMILYA building on one lot designed for and occupied exclusively for four or more dwelling units, each dwelling unit occupied by one family, including a building which is owned and operated as a condominium under the Pennsylvania Uniform Condominium Act.[10]
A building or part of a building used for the purpose of
furnishing food and beverages to the public to be consumed inside
the building and/or in a designated outdoor area on the premises or
in a part of the same lot as the eating place. An outdoor cafe area
utilized for dining must be located in an area directly abutting and
adjacent to the main restaurant building, subject to additional standards
in this chapter. Any sale of alcoholic beverages upon the premises
must be incidental to the sale and consumption of food and licensed
by the Pennsylvania Liquor Control Board. The definition of "restaurant"
does not include restaurants offering drive-through services.
A building or part of a building used for the purpose of
furnishing food and beverages to the public to be consumed inside
the building or on site and includes a drive-through service window.
Any outdoor dining area and/or drive-through portion of the restaurant
must be located in an area directly abutting and adjacent to the main
restaurant building.
A use operating within a shop, store or group of stores selling
commodities, goods and services directly to the consumer. Not included
under this use is the over-the-counter sale of alcoholic beverages
in a tavern/bar, or a store as described under "adult commercial use."
Retail Goods and services use includes, but is not limited to, the
following types of business: an auto supply store; a repair shop offering
repair services for items, including, but not limited to, appliances,
lawn mowers, watches, guns, bicycles, locks and small business machines,
but not including automobiles, motorcycles, trucks, trailers and other
heavy equipment; a financial establishment, such as a bank, savings-and-loan
association, credit union or other financial establishment; a personal
service business, such as a barber, beautician, laundry and dry cleaning,
shoe repair, tailor, photographer, travel agency, photocopy center,
and physical and/or massage therapy, but does not include medical
or professional offices, medical clinics and health service agencies.
A wall used to retain soil, typically serving as a topographic
grade transition structure.
A lot which is bordered by a street along the rear as well
as the front property.
The surface of and space above and below any real property
in the Borough in which the Borough, county or commonwealth has a
regulatory interest, or interest as a trustee for the public, as such
interests now or hereafter exist, including, but not limited to, all
streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts,
bridges, skyways, or any other public place, area or property under
the control of the Borough, county or commonwealth, and any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Borough, county or commonwealth. The phrase
"in the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way. The phrase "existing right-of-way" is the legal
right-of-way as established by the commonwealth or other appropriate
governing authority and which is currently in existence. The phrase
"future right-of-way" is the right-of-way deemed necessary to provide
adequate width for future street improvements.
[Amended by Ord. 2236, 7/8/2014]
The highest continuous horizontal line of a roof. On a sloping
roof, the roofline is the principal ridgeline or the highest line
common to one or more principal slopes of the roof. On a flat roof,
the roofline is the highest continuous line on the roof.
A religious (either sectarian or nonsectarian), denominational
educational institution, or a public educational institution which
is not conducted as a private gainful business. The definition of
"school" includes nursery schools operated as a private gainful business.
The designated pedestrian accessway along the Schuylkill
River, as shown on the Resource Protection Map of Phoenixville Borough.
[11]Landscape materials, such as hedges, trees, shrubs, fences,
or walls, used to buffer or insulate a use, building, or structure
from adjoining areas.
Also known as "self-service storage" and "mini warehouse,"
self-storage facilities are buildings or structures designed and used
for renting or leasing individual storage spaces, other than storage
spaces which are leased or rented as an incident to the lease or rental
of residential property or dwelling units, to which the occupants
thereof have access for storing or removing their personal property.
[Added Ord. No. 2019-2308, 10/8/2019]
A driveway, lane, or like-type vehicular accessway that provides
access to buildings, loading docks, and/or outdoor recreational uses.
A dimension or distance established in a particular zoning
district to govern the placement and location of buildings and structures.
PUBLIC SEWERAny municipal or privately owned sewer system in which sewage is collected and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer.
PRIVATE SEWERAn "on-lot" disposal system generally providing for the disposal of effluent for only one building or a group of buildings on a single lot.
COMMUNITY SEWAGE SYSTEMA system for the treatment of effluent from two or more homes that is applied to the land either on the surface or below ground.
A deciduous tree that has a canopy that provides shade from
the sun to areas below the branches.
A pedestrian thoroughfare within the right-of-way of a street,
built and maintained in accordance with the design standards of the
Subdivision and Land Development Ordinance.
Any copy so constructed, placed, attached, painted, erected,
fastened, or manufactured in any manner whatsoever, which is used
for the attraction of the public to any place, subject, person, firm,
corporation, public performance, article, or merchandise and which
is displayed in any manner whatsoever which can be seen from the right-of-way
of a public street or highway, including permanent window signs placed
inside windows to attract the attention of those outside in the public
right-of-way. The various features and types of signs addressed in
this chapter include the following:
AREA OF SIGNIncludes all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed; but not including any supporting framework and bracing which are incidental to the display itself.
AWNING SIGNA sign displayed on or attached flat against the surface of an awning.
[Amended by Ord. 2014-2244, 11/10/2014]
BILLBOARDA freestanding structure erected solely for the purpose of advertising which is not associated with a building or use on the same lot; also known as an "outdoor advertising sign."
CANOPY SIGNA sign affixed to the visible vertical surface of an attached or freestanding canopy.
COPYAny letter, number, symbol, figure, character, mark, plan, design, picture, stroke, stripe, or trademark, or any combination thereof.
COPY AREA OF SIGNThe actual area taken up by the letters, numbers, words and symbols on a sign, computed by drawing parallel lines as close as possible around the letters, numbers, words and symbols.
DEVELOPMENT SIGN (PERMANENT)A type of freestanding sign, including accessory entrance structure, designed to identify a development.
DIRECTORY SIGNA type of freestanding or wall sign designed to identify the name and location of multiple occupants on the same lot, commercial or industrial in character, with or without an accompanying map, in order to aid in the internal pedestrian circulation within the lot. A freestanding sign shall adhere to its standard sign type requirements.
[Amended by Ord. 2016-2264, 6/14/2016]
ELECTRONIC MESSAGE DISPLAY SIGNAn exterior, computer-programmable sign capable of displaying words, symbols, figures or picture images that can be altered or rearranged automatically or by remote means, utilizing LED (light-emitting diode) technology or other light sources as part of the sign or sign face, electronic or digital sign face, to produce the characters and graphics of this display.
FASCIA SIGNA sign attached to, placed upon or hung from any structure projecting from and supported by a building and which extends beyond the facade of the building (such as a canopy, an awning, etc.).
FREESTANDING SIGNA sign, other than a billboard, which is supported by its own structure, which structure is used only for the sign and is permanently anchored into the ground below the frost line with a footing (also includes pylon signs, ground signs and low-profile signs).
GROUND OR LOW-PROFILE SIGNA low, horizontal-type sign less than four feet high set on a masonry foundation (e.g., development sign). See freestanding sign requirements.
HANGING SHINGLE SIGNA sign hanging from a bracket or similar support above the sign, perpendicular to the face of the building wall.
HISTORICAL SIGNA sign installed more than 50 years ago and/or designated as an historic resource by a borough, county, state or federal agency.
[Added by Ord. 2014-2244, 11/10/2014]
ILLUMINATED SIGNAny sign using artificial light to enhance the visibility of the sign.
[Added by Ord. 2014-2244, 11/10/2014]
MEMORIAL SIGNA sign identifying a benefactor, a location of historical interest, or a statue or monument.
[Added by Ord. 2014-2244, 11/10/2014]
NAMEPLATE SIGNA sign indicating the profession, activity, or name of the occupant of a dwelling.
PARALLEL SIGNA sign painted on or mounted parallel to the face of a structure or wall and projecting not more than 12 inches from the plane or facade of the structure's wall or above the roofline or eaves of the structure.
PERMANENT SIGNAny sign not classified as a temporary sign.
[Added by Ord. 2014-2244, 11/10/2014]
PORTABLE SIGNA sign, with or without a display or legend, which is self-supporting without being firmly embedded in the ground, or is fixed on a movable stand or mounted on wheels or movable vehicles, or made easily movable in some other manner.
PROJECTING SIGNA sign which is affixed to any building, wall or structure and extends more than 12 inches, but less than 48 inches, horizontally from the facade or plane of the structure.
PYLON SIGNA single vertical structure, square or rectangular pole permanently anchored to the ground. See freestanding sign requirements.
TEMPORARY SIGNAny sign that is not intended to be permanently installed. Construction site signs, real estate sale signs and garage/yard sale signs are examples of temporary signs.
[Added by Ord. 2014-2244, 11/10/2014]
VEHICULAR SIGNA portable sign which is affixed to and/or painted on a vehicle in such a manner that the carrying of such a sign or signs is no longer incidental to the vehicle's primary purpose.
WALL SIGNA sign mounted parallel to the face of a structure or wall and projecting not more than 12 inches from the plane or facade of the structure wall or above the roofline or eaves of the structure.
WINDOW SIGNA sign mounted on or within two feet of the inside of a window or on a window and which can be seen from outside the window.
Facilities that meet each of the following conditions:
[Added by Ord. No. 2021-2336, 10/12/2021]
The structure on which antenna facilities are mounted.
An existing utility pole, provided the installation does not
extend more than five feet above the pole.
A new or replacement pole, provided the pole and antenna combined
are not taller than 50 feet.
Wireless provider may seek a "height limit waiver," but only
in accordance with "applicable codes."
Each antenna associated with the deployment (excluding the associated
equipment) may be no more than three cubic feet in volume; and
All other equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
[Added by Ord. 2235, 7/8/2014]
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
[Added by Ord. 2235, 7/8/2014]
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces,
that causes compression and rarefaction of that medium. The description
of "sound" may include any characteristic of such "sound," including
duration, intensity and frequency.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound-pressure levels.
A sports complex, including indoor and/or outdoor sports
facilities, which may be publicly or privately owned and operated,
including but not limited to facilities such as a stadium, indoor
arenas, aquatic facilities, track-and-field venues, and outdoor fields
for a variety of sports, athletics and recreational facilities.
Camouflaging methods applied to wireless communications towers,
antennas 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, flag poles and light poles.
[Added by Ord. 2236, 7/8/2014]
Areas where the average slope exceeds 15% and has a grade
crossing three consecutive two-foot contours or six feet in elevation,
or as otherwise defined in the Subdivision and Land Development Ordinance.
That portion of a building included between the surface of
any floor and the surface of the floor just above it, or, if there
is no floor above it, including those basements which are used for
the principal use. A "half story" is a space under a sloping roof
which has the line of intersection of the roof and wall face, but
is not more than three feet above the floor level, and the space in
which the possible floor area has a headroom of five feet or less
and occupies at least 40% of the total floor area of the story directly
beneath.
That story with its floor level immediately above the average
finished grade level of the adjoining ground at any particular point
or side of the building.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
The attribute of linkage between lots to enable continuous
vehicular access along a common thoroughfare.
The area along a street line where a lot touches the street.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or a street has been established,
then that width shall determine the location of the street line.
The system of interconnected vehicular accessways that provides
street connectivity.
The area between buildings along a street, within which sidewalks,
street trees, streetlights, on-street parking and vehicular travel
lanes are located, and the space that provides the outdoor room character
that is emblematic in the traditional neighborhoods of the Borough.
The width of the space across the streetscape, measured from
street walls on opposite sides of the street.
A deciduous tree within the right-of-way of a street.
The wall of a building close to the sidewalk along which
traditional buildings are aligned, or in the case of an existing building
with a deeper setback, the wall, pier, hedge, fence or condition located
in place of a building wall.
Anything constructed or erected on the ground or attached
to the ground, including any assembly of materials having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, including but not limited to any building, sign, fence,
wall over four feet in height, aerial, antenna, platform, pier, pipeline,
paved athletic courts, shell, mobile home, shelter, swimming pool,
tent, tower, trestle, tank, tennis court or utility pole.
[Amended by Ord. No. 2020-2313, 4/14/2020]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that land used for agricultural
purposes divided into parcels of more than 10 acres, not involving
any new street or easement of access or any residential dwelling,
shall be exempted.
[Added by Ord. 2236, 7/8/2014]
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Aboveground transmission pipeline facilities, including but
not limited to compressor stations, pumping stations, regulator stations,
launcher/receiver stations, and other surface pipeline appurtenances.
[Added by Ord. No. 2020-2313, 4/14/2020]
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board.
An outside display being necessary but incidental to the
normal operations of the primary use and temporary in duration (such
as seasonal displays).
A structure placed in a certain location for a limited duration
with the intent to remove such structure upon the expiration of a
prescribed time period as established by the Uniform Construction
Code advisory guidelines.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of a prescribed time period.
A building in which films are shown, theater performed, and/or
stage shows and concerts are performed, regardless of the type of
film or program presented (with the exception of adult entertainment).
This use does not include open-air, outdoor or drive-in theaters.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added by Ord. 2236, 7/8/2014]
The zoning district as shown on the Phoenixville Borough
Zoning Map.
The gross area of a property before subdivision or land development.
[Amended by Ord. 2235, 7/8/2014]
A pedestrian thoroughfare, typically in a natural setting,
that is built and maintained in accordance with the design standards
of the Subdivision and Land Development Ordinance.
Transmission pipelines include but are not limited to 1)
pipelines designed for the transmission of a gas or petroleum gas,
except a service line, as those terms are defined by 49 CFR 192.3,
as amended and incorporated herein by reference; and 2) pipelines
designed for the transmission of a hazardous liquid, as defined by
49 CFR 195.2, as amended and incorporated herein by reference.
[Added by Ord. No. 2020-2313, 4/14/2020]
The space adjoining the curb, and between the curb and sidewalk,
in which plantings are located.
Trees which measure at least 10 inches dbh (diameter at breast
height) at 4 1/2 feet above ground.
A man-made structure built around the base of a tree, intended
to enable the roots of the tree to thrive.
A man-made structure, typically made of stone, brick, or
other masonry material, typically located to enclose, separate, or
screen outdoor areas.
The level so read is designated "dBCA" or "dBA," as measured
on the slow weight scale. All sound levels referred to in this chapter
shall be measured in dBA.
An electric-generation facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities. The term does not include stand-alone wind
turbines constructed primarily for residential or farm use.
[Added by Ord. 2235, 7/8/2014]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower and pad turbine, if any.
[Added by Ord. 2235, 7/8/2014]
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. 2236, 7/8/2014]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Borough-owned land or property.
[Added by Ord. 2236, 7/8/2014]
The antennas, 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.
[Amended by Ord. 2236, 7/8/2014]
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
[Added by Ord. 2236, 7/8/2014]
Areas comprised of one or more acres of mature or largely
mature trees and in which the largest trees measure at least six inches
dbh (diameter at breast height) or 4 1/2 feet above ground. The
woodland shall be measured from the dripline of the outer trees. Woodlands
are also 10 or more individual trees which measure at least 10 inches
dbh and form a contiguous canopy.
An open space, unobstructed from the ground up, except for
permitted projections, plantings, and accessory buildings on the same
lot with a structure, and which extends along a lot line, street line,
and/or curbline and inward to the structure. The size of the yard
shall be measured from the shortest distance between the primary structure
and the lot line or street line.
[Amended by Ord. 2016-2268, 11/1/2016]
A yard between a structure and a street line and/or curbline
extending the entire length of the street line and/or curbline. In
the case of a corner lot, yards extending along all streets are yard
fronts. In case of a lot other than a corner lot that fronts on more
than one street, the yards extending along all streets are also considered
front yards.
A yard between a structure and the rear lot line which extends
the entire length of the rear lot line.
A yard between a structure and a side lot line, extending
from the front yard to the rear yard. In the case of a lot having
no street frontage or a lot of odd shape, any yard that is not a front
yard or a rear yard shall be considered a side yard.
[1]
Editor’s Note: The definition of "building setback line"
was repealed 5/12/2015 by Ord. 2015-2251, § 2. The former
definition of “building size,” which immediately followed
this definition, was repealed 10/9/2018 by Ord. No. 2018-2294.
[2]
Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
[3]
Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
[4]
Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
[5]
Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
[6]
Editor’s Note: The definition of “minimum building
setback line” was repealed 5/12/2015 by Ord. No. 2015-2251,
§ 2.
[7]
Editor’s Note: The former definition of “outdoor
café,” added by Ord. No. 2016-2268, 11/1/2016, and which
immediately followed this definition, was repealed by Ord. No. 2018-2294,
10/9/2018.
[8]
Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
[9]
Editor's Note: See 65 Pa. C.S.A. § 701 et seq.
[10]
Editor's Note: See 68 Pa.C.S.A. §3101 et seq.
[11]
Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
