This chapter shall be known as the "Clarion Borough Zoning Ordinance of 2013" and may be cited as "the Clarion Borough Zoning Ordinance." This chapter shall be codified in the Code of the Borough of Clarion as Chapter 210, Zoning.
A.
This chapter is enacted for the following purposes:
(1)
To promote, protect, and facilitate any or all of the following:
the public health, safety, morals, and the general welfare; coordinated
and practical community development and proper density of population;
the provision of adequate light and air; access to incident utility
services, emergency services, police protection, transportation, vehicle
parking and loading, schools, recreational facilities, and public
grounds; and the preservation of the natural, scenic, and historic
values in the environment.
(2)
To prevent any or all of the following: overcrowding of land; blight;
congestion in travel and transportation; and loss of health, life,
and property from fire or other dangers.
(3)
To provide for the use of land within the Borough for residential
housing of various dwelling types encompassing all basic forms of
housing.
(4)
To accommodate reasonable overall community growth, including population
and employment growth and opportunities for development of a variety
of uses.
B.
This chapter was prepared with careful consideration being given
to, among other things, the character of various areas within the
Borough, their suitability for particular uses, conservation of the
value of property and encouragement of the most appropriate use of
land throughout the Borough.
C.
This chapter is generally consistent with the Clarion Borough Comprehensive
Plan, adopted by Clarion Borough Council in 1981, as amended in 1987.
The Comprehensive Plan establishes detailed community development
goals and objectives, which this chapter seeks to promote and to establish.
It is recognized that circumstances may necessitate the adoption and
timely pursuit of new goals and the enactment of a new ordinance or
amendment to this chapter that may neither require nor allow for the
adoption of a new Comprehensive Plan. The chapter also is generally
consistent with the Clarion County Comprehensive Plan adopted in 2004.
The districts and regulations herein are made in accordance
with the Comprehensive Plan for the general welfare of the Borough
and are intended to achieve, among others, the following objectives:
A.
To provide for a balance of and diversity in land uses that characterize
viable and successful small urban areas;
B.
To accommodate new development while preserving essential and desirable
community features, including but not limited to pedestrian access,
retention of natural features, historic preservation, sufficient services
and infrastructure, and human scale;
C.
To promote the viability of the Borough's central business district,
while allowing for limited nonresidential use throughout the Borough;
D.
To maintain the integrity of existing residential structures and
their continued occupation and repair and to provide the stability
of owner-occupied residential neighborhoods;
E.
To provide affordable and appropriately maintained rental housing
for full-time residents and students and across economic and age classes;
F.
To establish a community partnership with large-scale educational
uses that accommodates their future needs while preserving adjacent
intact neighborhoods and promoting the continued viability of the
central business district; and
G.
To establish appropriate buffers and other design features that minimize
adverse impacts at the interface between residential and nonresidential
areas and between low-density and higher density residential areas.
A.
Except as otherwise provided herein, from and after the effective
date of this chapter the use of all land and every building or structure
or portion of a building or structure erected, altered with respect
to height and area, added to, or relocated in Clarion Borough shall
be in conformity with the provisions of this chapter. A zoning/building
permit or combined building/zoning permit, as circumstance dictates,
is required prior to the start of construction, development or occupancy.
B.
Any legally existing building or structure or use of land, building
or structure not in conformity with the regulations herein shall be
regarded as nonconforming, but may be continued, extended, or changed
subject to the special regulations provided herein with respect to
nonconforming buildings, structures, or uses.
C.
This chapter shall not apply to any existing or proposed buildings
or structures used or to be used by a public utility corporation if,
upon petition of the utility, the Pennsylvania Public Utility Commission
shall, after a public hearing, decide that the present or proposed
building or structure, or extension thereof, is reasonably necessary
for the convenience or welfare of the public. This exemption shall
not apply to wireless telecommunications antennas, communications
equipment buildings, and towers regulated under the 1996 Telecommunications
Act, to electric distribution facilities or to any utility use that
has been deregulated by the appropriate state and/or federal agencies.
D.
This chapter shall not apply to any existing or proposed uses, buildings,
structures, signs, or extension thereof, occupied, owned and/or operated
by the Borough.
A.
In interpreting and applying the provisions of this chapter, due
consideration shall be given to the promotion of the health, safety,
and general welfare of the residents of the Borough.
B.
In interpreting and applying the provisions of this chapter to determine
the extent of the restriction upon the use of a property, where doubt
exists as to the intended meaning of the language written and adopted
by the Borough Council, the provisions shall be interpreted in favor
of the property owner and against any implied extension of the restriction.
C.
In this chapter, when not inconsistent with the context:
(1)
Words in the present tense imply also the future tense;
(2)
The singular includes the plural;
(3)
The male gender includes the female gender;
(4)
The word "person" includes an individual, partnership, corporation,
association, governmental entity, trustee, receiver, successor, assignee,
agent or similar representative; and
(5)
The term "shall" or "must" is always mandatory.
D.
References to laws, codes, ordinances, guidelines, resolutions, plans,
maps, governmental bodies, commissions or agencies, or officials are
to those in effect or office from time to time, including amendments
or revisions thereto or successors thereof, unless this chapter indicates
another reference is intended.
A.
This chapter does not repeal, annul or interfere with any prior existing
ordinances or with any approval or permit adopted or issued thereunder,
except insofar as the same may be inconsistent or in conflict with
any of the provisions of this chapter.
B.
Where this chapter imposes greater restrictions upon the use of buildings
or land, or upon the height and bulk of buildings, or the size of
open spaces than are required by the provisions of any other ordinance,
then the provisions of this chapter shall control.
C.
If a discrepancy exists between any provisions contained within this
chapter and any other ordinance, the provision which imposes the greater
restriction shall apply.
A.
Whenever a use is neither specifically permitted nor denied by this
chapter and an application is made by an applicant to the Zoning Officer
for such use, the Zoning Officer shall refer the application to the
Zoning Hearing Board to hear and decide such request as a special
exception.
B.
The applicant for such use must satisfy all of the informational requirements and standards governing special exception application as set forth in § 210-67B(1). In addition, the applicant for such use also must submit with the application a written analysis that with particularity addresses the following:
(1)
That the proposed use is not permitted in any other district under
the terms of this chapter;
(2)
That the proposed use is similar to and compatible with permitted
use(s) in the district in which the subject property is located;
(3)
That the proposed use is proposed in a manner that complies with all applicable requirements imposed upon the other use(s) identified by the applicant in Subsection B(2); and
(4)
That the use is proposed in a manner that minimizes any likely impacts
that would be generated uniquely by the proposed use.
C.
To approve the use the Board must find that the proposed use satisfies the informational and objective standards applicable to special exceptions set forth in § 210-67B and further find that the use:
(1)
Is not permitted in any other district under the terms of this chapter;
(2)
Is similar to and compatible with one or more permitted uses in the
district in which the subject property is located;
(3)
Is proposed in a manner that complies with all applicable requirements
imposed upon other use(s) that, in the opinion of the Zoning Hearing
Board, are most closely similar to the proposed use and which requirements,
in the opinion of the Zoning Hearing Board, address the likely impacts
that will be generated by the proposed use;
(4)
Complies with all other applicable sections of this chapter and other
ordinances of the Borough;
(5)
Does not conflict with the general purposes and intent of this chapter;
and
(6)
Would not be detrimental to the public health, safety and welfare
of the neighborhood or Borough.
D.
The burden of proof shall be upon the applicant to demonstrate that
the proposed use meets all applicable regulations contained within
this chapter.
A.
Except where otherwise provided herein, only one principal use shall
be permitted on a single lot.
B.
In any nonresidential building, any number of uses allowed in the
district(s) where the building is located is permitted, provided that
the applicable general requirements are satisfied for each use.
C.
To meet the particular needs of the Borough, only one principal building
per lot is permitted in the R-1 Single-Family Residential District.
In all other districts more than one principal building per lot is
permitted, provided that a minimum distance of 20 feet exists between
all buildings on the lot and all area, yard and height requirements
for the district are satisfied for each building.
A.
For the purpose of this chapter, Clarion Borough is hereby divided into districts, which are described in Article II and which shall be shown on the Zoning Map and designated as follows:
|
R-1
|
Single-Family Residential
| |
|
R-2
|
Medium-Density Residential
| |
|
R-3
|
High-Density Residential
| |
|
MU
|
Mixed Use District
| |
|
C-1
|
Commercial
| |
|
C-2
|
Commercial
| |
|
CI
|
Commercial and Industrial
| |
|
E
|
Educational
|
B.
For purposes of this chapter, the R-1, R-2, R-3 and MU Districts
are residential districts.
A.
The district boundary lines shall be as shown on the Zoning Map.
District boundary lines are intended to coincide with the corporate
boundary of the Borough; to coincide with lot lines, center lines
of streets and alleys, railroad rights-of-way, and streams as may
exist at the time of passage of this chapter or, where such features
are not proximate to the district boundary lines, to exist as dimensioned
on the Zoning Map. Where uncertainty exists as to the boundaries of
the districts as indicated on the Zoning Map, the following rules
and guidelines shall be applicable.
(1)
Where district boundaries are indicated as approximately coinciding
with the center lines of streets, highways, lanes, alleys, railroad
tracks, rivers or creeks, such center line shall be construed to be
such boundaries.
(2)
Where district boundaries are indicated as approximately coinciding
with lot lines or deed lines, such lines shall be construed to be
such boundaries.
(3)
Where district boundaries are indicated as approximately coinciding
with municipal boundary lines, such lines shall be construed to be
such boundaries.
(4)
Where district boundaries are indicated as being approximately perpendicular
to the right-of-way lines of streets or highways, such district boundaries
shall be construed as being perpendicular to the right-of-way lines.
B.
In the event of dispute about the location of the boundary of any
district, the Zoning Officer shall investigate the legislative records
of the Borough as may exist that are relevant to the drafting, consideration
and adoption of the Zoning Map and render a determination on the location
of the line from such records. Appeals from this determination shall
be made to the Zoning Hearing Board.
The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter.
A driveway having a minimum width of 10 feet and a maximum
width of 12 feet intended to provide ingress and egress to an improved
parking area.
A detached, subordinate building, the use of which is customarily
incidental to that of the principal use and which is located on the
same lot as the principal use.
A use customarily incidental and subordinate to the principal
use or building and which is located on the same lot as the principal
use or building.
The state of sharing a common property line, district line
or right-of-way line and, in the case of lots and uses, being separated
by a street or alley.
Any establishment which has as a substantial or significant
portion of its stock-in-trade:
Books, films, magazines or other periodicals or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas; and/or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
Any establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body, and all forms and methods of physiotherapy,
unless operated by a medical practitioner, chiropractor, professional
physical therapist, or massage therapist who is both nationally certified
in the therapeutic massage by the National Certification Board for
Therapeutic Massage and Bodywork and who is a professional member
with active status in good standing of the American Massage Therapy
Association.
Any place where, for any form of consideration or gratuity,
figure models who display specified anatomical areas are provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by persons paying such consideration or gratuity,
except that this provision shall not apply to any "figure studio"
or "school of art" or similar establishment which meets the requirements
established in the Education Code of the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma.
Any place to which the public is permitted or invited for
presenting any form of audio or visual material, including coin- or
slug-operated or electronically or mechanically controlled still or
motion picture machines, projectors or other image-producing devices,
and in which a substantial portion of the total presentation time
measured on an annual basis is devoted to the showing of material
which is distinguished or characterized by an emphasis on depiction
or description of specified sexual activities or specified anatomical
areas.
A nightclub, theater, bar, concert hall, auditorium or other
establishment, either indoor or outdoor, which features live or media
representations of performances by topless or bottomless dancers,
go-go dancers, exotic dancers, strippers or similar entertainers,
where such performances are distinguished or characterized by an emphasis
on specified sexual activities or specified anatomical areas.
Any of the following, either alone or in combination with
any other use, and any other business or establishment which offers
its patrons services or entertainment characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
An establishment having as a substantial or significant portion
of its stock-in-trade, or in which are displayed or viewed, magazines,
periodicals, books, drawings, photographs, videos, paraphernalia or
other materials that are distinguished or characterized by their emphasis
on depicting, describing or displaying sexual activities or conduct
or exposed male or female genital areas.
An establishment or place of assembly to which the public is
permitted or invited:
Which has all or a substantial or significant portion of its
stock-in-trade consisting of any the following items, whether alone
or in combination:
Books, magazines or other periodicals as well as films or other
forms of audio or visual representation that are distinguished or
characterized by an emphasis on depiction, description or display
of sexual activities or conduct or exposed male or female genital
areas; and/or
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities or conduct.
Wherein coin- or slug-operated or electronically or mechanically
controlled still or motion picture machines, projectors or other image-producing
devices are maintained to show images, with or without sound, where
the images so displayed are distinguished or characterized by an emphasis
on depiction, description or display of sexual activities or conduct
or exposed male or female genital areas;
Which features male and/or female entertainers who engage in
activities such as topless or bottomless dancing or stripping, or
persons whose performance or activities include simulated or actual
sex acts; and/or
Which offers its patrons any other retail goods, services or
entertainment which is characterized by an emphasis on matter or activities
relating to, depicting, describing or displaying sexual activity or
conduct or exposed male or female genital areas.
A landowner or developer, as hereinafter defined, who has
filed an application for development or permit, including his heirs,
successors, assigns and agents.
The two-dimensional measurement of space between known lines
or boundaries.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of awnings, terraces and steps (e.g., top view).
FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room closets, hallways, stairways and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches. For purposes of this definition, "floor area" does not include unfinished cellars and attics.
LOT AREAThe total surface area contained within the property lines of a lot, exclusive of public and private street rights-of-way.
A residential structure providing lodging, managed by a resident
manager, for transient overnight guests. Such lodging may include
common eating facilities for the provision of meals to the guests.
Neither a rooming house use nor a student dwelling use are a bed-and-breakfast
use.
Any structure with a roof, whether open or enclosed, intended
for shelter or enclosure of persons, animals or property.
See "area."
A building's vertical measurement from the mean level of
the ground at the corners of the building to the highest point of
the building, excluding any antennas or other appurtenances.
See "setback."
Real estate, portions of which, in accordance with the provisions
of the Pennsylvania Uniform Condominium Act of 1980,[1] are designated for separate ownership, and the remainder
of which is designed for common ownership solely by the owners of
those portions.
A business which involves the retail sales and/or rental
of household products and foods and one or more of the following activities:
Retail sales or rental of books, magazines, videos, software
and video games, provided that adult uses are expressly prohibited;
Restaurants, including drive-through or fast-food operations;
Amusement arcades;
Photomats and film development dropoff sites;
Laundry, dry cleaning and tailoring dropoff sites;
Propane fuel sales;
Dispensing of automobile fuels and compressed air, and retail
sale of oil, washer fluid, and other auto-related items;
Car washes; and/or
Post offices and other parcel delivery dropoff sites.
Provision of out-of-home care for part of a twenty-four-hour
day to children under 16 years of age, excluding care provided by
relatives, day care furnished in places of worship during religious
services and day care for three or fewer children provided at an established
residence and conducted in a manner that meets the requirements for
a home occupation.
FAMILY DAY-CARE HOMEEstablished residence in which day care is provided at any one time to four to six children who are unrelated to the caregiver.
GROUP DAY-CARE HOMEEstablished residence in which day care is provided at any one time to seven to 12 children.
DAY-CARE CENTERFacility, other than an established residence, where day care is provided.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land, a land development or a use requiring zoning approval.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A land area with designated boundaries as indicated on the
Zoning Map and within which certain uniform requirements apply under
the provisions of this chapter.
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals and nursing homes; hotels and motels; boardinghouses, rooming
and lodging houses; institutional houses; and tourist courts and the
like, offering overnight accommodations for guests or patients.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile and modular homes designed and constructed in accordance with the Uniform Construction Code can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile and/or modular home is securely anchored to the permanent foundation, and all of the apparatus used to transport the unit are removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings.
MOBILE HOMEA transportable, single-family dwelling contained in one or more units designed to be joined into one integral unit, capable of being separated for repeated towing and which arrives on a site on its own chassis, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation, subject to the Pennsylvania Industrialized Housing Act and the Federal Mobile Home Construction and Safety Standards Act.
MULTIPLE FAMILYA building containing three or more dwelling units.
TOWNHOUSEA building containing between three and six dwelling units, each under single ownership, arranged in a side-by-side configuration with two or more common walls.
TWO-FAMILYA freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration.
A dwelling occupied exclusively or primarily by three or
more persons, unrelated by blood, who are attending undergraduate
or graduate programs or who are on semester or summer break from such
studies. Student dwelling units shall be considered as single-family,
two-family or multiple-family dwelling units, as appropriate, unless
otherwise specified by this chapter.
An interest in land owned by another person, consisting in
the right to use or to control use of land, or areas above or below
it, for a specific limited purpose. The grant of an easement reserves
to the owner of the land all other incidents of ownership.
Any one of the following:
A single individual occupying a dwelling unit and maintaining
a household.
Two or more persons related by blood, marriage, adoption or
other decree of legal union or custody occupying a dwelling unit and
maintaining a common household.
Not more than two unrelated persons occupying a dwelling unit
and maintaining a common household, provided that:
In any district, "family" also means minor dependent children
of one or both of the unrelated persons;
In the R-2 District, "family" also means not more than three
unrelated persons occupying a dwelling unit and maintaining a common
household; and
In the R-3 District, "family" also means not more than four
unrelated persons occupying a dwelling unit and maintaining a common
household.
Not more than five unrelated persons who are the functional
equivalent of a family in that they live together, participate in
such activities as meal planning, shopping, meal preparation, and
the cleaning of their dwelling unit together, and who are part of
a community-based residential home that qualifies as a community living
arrangement licensed by the Pennsylvania Department of Public Welfare
or other appropriate federal or state agency having jurisdiction,
where the persons occupying the home are handicapped persons under
the terms of the Fair Housing Amendments Act of 1988, and where the
operator of the home provides room and board, personal care, rehabilitative
services, and supervision in a family environment. The presence of
staff persons in a home meeting this definition shall not disqualify
the group of persons occupying the dwelling unit as a "family."
For purposes of this definition, "common household" means living,
dining, cooking and bathroom spaces are shared or intended to be shared
by the occupants occupying a single dwelling unit.
For purposes of this definition, "full bathroom" means a plumbed
room equipped with a commode, wash basin and tub or shower.
An area of land, together with any structures thereon, used
for the retail sale of motor fuel and lubricants and incidental services
such as lubrication and hand washing of motor vehicles and sale, installation
or minor repairs of tires, batteries and similar vehicle accessories,
but not including sale, installation, repair or service of engines,
transmission, radiators and similar vehicle components, collision
repair, vehicle storage (whether operable or inoperable), towing or
inspection.
An occupation customarily conducted within a dwelling unit
that is clearly incidental and secondary to the residential use of
the dwelling. The following uses are expressly prohibited as home
occupations: day-care facilities; tourist homes; wholesale sales;
storage or mail order activities in which goods are distributed from
the dwelling or property; the repair, servicing, storage or rental
of motor vehicles; offices of medical practitioners; and machine and
welding shops.
Any structure or paving placed upon land, including the provision
of underground or aboveground utilities, as well as any physical change
to the surface of the land, including but not necessarily limited
to grading, paving, the placement of stormwater management facilities,
sidewalks, street signs, traffic control devices, and monuments. This
definition expressly excludes the tilling of soil for planting.
Used materials, discarded materials, or both, including,
but not limited to, wastepaper, rags, metal, building materials, house
furnishings and appliances, machinery, disabled vehicles or parts
thereof, all of which are being stored awaiting potential reuse or
ultimate disposal. For the purposes of this definition, a disabled
vehicle is a vehicle intended to be self-propelled that does not have
a valid current registration plate or certificate of inspection or
is not operable under its own power for any reason or is without intact
and operable tires, doors, windows and noise management components.
An area of land, with or without buildings, used for the
storage outside a completely enclosed building of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, appliances, machinery, disabled vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of same.
A structure or part thereof used for the purpose, for compensation,
of raising, breeding, training or boarding of dogs, cats and other
domesticated animals permitted to be kept in the Borough.
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 the 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.
In accordance with Section 503(1.1) of the Pennsylvania Municipalities
Planning Code,[2] the following activities are excluded from the definition
of land development:
The conversion of an existing single-family detached dwelling,
two-family 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 on a lot or lots subordinate
to an existing principal building; provided, however, that the addition
of a nonresidential building does not:
Exceed a total square footage of 1,000 square feet or 10% of
the principal nonresidential building's square footage, whichever
is less, as existed as of any addition of an accessory building or
buildings made following the effective date of this chapter;
Create negative stormwater impacts on existing stormwater facilities
or on neighboring properties;
Require the construction of additional access drive(s); and
Relieve the need for DEP sewer planning module or exemption.
The addition or conversion of buildings, structures or rides
within an amusement, theme and/or zoo park.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he or
she is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.
LOT, INTERIORA lot with only one street frontage.
LOT, THROUGH/REVERSE FRONTAGEA lot, other than a corner lot, having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
For purposes of regulation under this chapter, a percentage
of the lot area which may be covered with buildings, decks, porches,
swimming pools, sheds, garages and gazebos, including any portion
thereof elevated above grade.
A recorded boundary line of a lot; however, any edge of an
adjoining street or other public or quasi-public right-of-way shall
be interpreted as the lot line for the purposes of determining the
location of the setbacks required by this chapter.
LOT LINE, FRONTThe lot line coincident with the right-of-way line of a street.
LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.
LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.
The horizontal distance measured between side property lines
along the minimum front yard setback line and at the street right-of-way
line. On corner lots, lot width shall be measured between the right-of-way
line for the nonaddress street and the directly opposite property
line along the minimum front yard setback line and at the street right-of-way
line along the street of address.
HEAVYAny manufacturing use not encompassed by the definition of light manufacturing.
LIGHTThe assembly, fabrication, manufacture, production or processing of goods or products where no process involved produces noise, vibration, air pollution, fire hazard or emissions measurable at the property line.
An enclosed building or enclosed area within a building in
which the only service offered or provided to patrons consists of
body massages, body rubs or other physical manipulation of the patron's
body, but shall not be construed to include chiropractic or osteopathic
professional practices.
A person, other than those licensed by the Commonwealth of
Pennsylvania as medical physicians, osteopaths or chiropractors, trained
in the use of massage to relieve bodily tension or muscular discomfort,
provided such person provides the Borough with documentation of his
or her training degree or certification.
A professional office use that provides outpatient health
services, including dental, orthopedic, chiropractic, psychological
and psychiatric services, but excluding retail pharmacies, retail
medical suppliers, insane asylums and similar institutions, and penal
or correctional institutions.
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.
A use providing any or all of the following services:
Collision service, including body, fender and frame repair;
painting and refinishing; and window glass replacement.
Repair and overhaul of engines, transmissions, differentials,
axles, clutches, radiators and related items.
Incidental storage of motor vehicles (whether operable or inoperable)
or motor vehicle parts intended for providing replacement parts, provided
that such vehicles and parts are screened from the public view.
See § 210-52.
A building or structure or part thereof which lawfully existed
prior to the adoption or amendment of this chapter or its predecessors,
but which fails to comply with applicable requirements of the district
in which it is located by reasons of such adoption or amendment. Such
nonconforming structures include, but are not limited to, nonconforming
signs.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter or its predecessors, but
which fails to conform to the requirements of the district in which
it is located by reasons of such adoption or amendment.
A use, whether of land, building or structure, which was
lawful prior to the adoption or amendment of this chapter or its predecessors,
but which fails to conform to the requirements of the district in
which it is located by reasons of such adoption or amendment.
Any aspect of a land use, building or structure which was
lawful prior to the adoption or amendment of this chapter or its predecessors,
but which fails to comply with any size, height, bulk, setback, distance,
landscaping, coverage, screening, parking or any other design or performance
standard specified by this chapter, excepting when such nonconformity
is the result of the acquisition of land and/or rights-of-way by a
governmental agency.
A building or a space in a building, the primary use of which
is the conduct of the affairs of a business, profession, service or
government, including administration, recordkeeping, clerical work,
and similar business functions. An office shall not involve manufacturing,
fabrication, production, processing, assembling, cleaning, testing,
repair or storage of materials, goods or products, except that office
supplies necessary for the operation may be stored as an incidental
use. An office shall only involve the incidental sales or delivery
of any materials, goods or products physically located on the premises.
An accessory use in which required and potentially additional parking spaces are provided subject to the requirements listed in § 210-27 of this chapter.
A lot or structure whose principal use is the parking or
storage of motor vehicles, other than commercial and public utility
vehicles, for specified time periods or on a rental basis, but not
including the storage of towed, inoperable or impounded motor vehicles,
recreational vehicles or marine vehicles.
Frequent or recurrent needed services of a personal nature
which do not involve primarily retail sales of goods or professional
services, including, as example, a hairdresser, barber, tailor, shoe
repair or masseuse, but not including tattoo artists.
The primary or predominant use to which property is devoted.
Services recognized by the general public as the practice
of a profession for gain and livelihood in a field subject to license
or registration through and regulation by the laws of the commonwealth
and requiring special knowledge, skill, education, training and expertise,
including, as example, an accountant, architect, attorney, dentist,
engineer, insurance agent, medical or osteopathic doctor, and surveyor,
but not an artist or musician.
A structure containing separate, individual and private spaces
of varying sizes that are leased or rented on an individual basis
for various periods of time.
An area that may or may not be secured for public use and
which may, but need not be, improved with streets, utilities, stormwater
management facilities, traffic control facilities, curbs, sidewalks,
bicycle lanes or paths, streetlights and similar improvements for
public benefit or enjoyment.
A dwelling that has more than four sleeping rooms for rent
to persons not related to its other occupants. The term "rooming house"
includes the term "boardinghouse." A rooming house is not a bed-and-breakfast
or student housing.
Except as otherwise provided in this chapter, a fence, wall
or landscaping at least six feet in height and placed on the property
in such manner as to effectively block a line of sight.
A structure and/or facility with dwelling units that are
specifically designed for and occupied by elderly persons 55 and over
which provides supportive residential services which may include housekeeping,
twenty-four-hour emergency call system, exercise programs, beauty
salon, local transportation, laundry facilities, multipurpose and
community rooms, and recreational programs, together with accessory
uses customarily incidental to senior living.
[Added 11-3-2015 by Ord.
No. 2015-810]
The required horizontal distance between the closest part
of a building, excluding roof overhangs, structure or use and, in
the case of a front yard, all adjoining right-of-way lines; in the
case of a side yard, all side lot lines; and in the case of a rear
yard, all rear lot lines.
SETBACK, FRONTThe distance between the street line and the front building setback line projected the full width of the lot. Commonly called "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
A device used for visual communication that is used to bring
the subject to the attention of the public from an adjoining road
or adjoining property standing at grade.
Sign types:
BILLBOARDAn off-premises sign which directs attention to a product, service, business or cause.
CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.
FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.
PORTABLE SIGNA moveable sign constructed with an integral support structure and not permanently attached to a building or support structure. The definition of portable sign does not include a sandwich board sign.
PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall or extends beyond the outside edges of the wall to which it is attached.
SANDWICH BOARD SIGNA moveable sign constructed with an integral support structure and which is not physically attached to a building, is of a size that can be easily moved by a single person, and is erected only during those times the business or activity to which it relates is open or in operation.
WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.
The term "sign" includes, but is not limited to:
Lettering, logos, trademarks and other symbols that are an integral
part of the architectural design of a building, which are applied
to a building or which are located elsewhere on the premises;
Signs that are affixed to windows or glass doors or are otherwise
internally mounted such that they are legible from an adjoining road
or adjoining property;
Insignia of civic, charitable, religious, fraternal, patriotic
and similar organizations;
Insignia of governments and government agencies;
Banners, pennants and similar objects, but not including tinsel
or similar reflective material;
Inflatable objects as a temporary and special promotional device;
Paintings applied to exterior building walls; and
Other objects or their use specifically associated with the
subject of the sign.
The term "sign" shall not include the following:
Architectural features that may be identified with a particular
business;
Paintings affixed to windows;
Backlit awnings that include no lettering, logos or other symbols;
Signs within a building that are obviously intended to be seen
primarily from within the building;
Outdoor signs intended to be seen only within a property, such
as menu signs for fast-food restaurant drive-through lanes, provided
such signs are not legible from an adjoining road or adjoining property;
Signs with regulations within a park, provided such signs are
not legible from an adjoining road or adjoining property;
Identification of a building's name, owner, architect, use or
date of construction that has been permanently inscribed or inserted
on a building's front facade prior to adoption of this chapter;
Flags of governments or government agencies, schools, churches
and veterans organizations;
Decorative seasonal and holiday banners on residential properties;
and
Display of merchandise either behind store windows or outdoors.
Less than completely covered or opaquely covered human genitals,
pubic area, buttocks, and female breasts below a point immediately
above the top of the areola, and male genitalia in a discernibly turgid
state even if completely and opaquely covered.
Human genitalia in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A "split level" story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it. Any floor under a sloping
roof at the top of a building that is more than two feet below the
top plate shall be counted as a half story. A basement shall be counted
a story if it averages more than five feet above grade.
A 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, but
not including driveways and access drives.
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, excluding stormwater management retention/detention basins
and related inlet and/or outlet devices, sidewalks, driveways leading
directly to a public street, and public utility lines and appurtenances.
Structures shall not include such things as sandboxes, decorative
fountains, swing sets, birdhouses, bird feeders, mailboxes, and any
other similar nonpermanent improvements.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STRUCTURE, PRINCIPALA structure associated with a primary use.
A person registered to be enrolled or who is enrolled and
matriculating at Clarion University or who is on a semester or summer
break from such studies or an emancipated person registered to be
enrolled or who is enrolled in and matriculating at a secondary school.
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. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
The specific purpose(s) for which land or a structure is
designed, arranged, intended, occupied or maintained.
An area between the permitted structures and the property
lines.
YARD, FRONTThe area contained between the principal structure and the street right-of-way line. On corner lots, the front yard shall be the area contained between the principal structure and each adjoining streets. On through lots that are not corner lots, the front yard shall be the area contained between the principal structure and the adjoining street of address.
YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address.
YARD, SIDEThe area contained between a principal structure and any side lot line. On corner lots, the side yard shall be the area contained between the principal structure and the property line directly opposite the nonaddress street.
