A. 
Unless a contrary intention clearly appears, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following clauses.
B. 
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
The singular includes the plural.
(3) 
The word "person" includes a corporation, partnership, and association as well as the individual.
(4) 
The word "lot" includes the word "plot" or "parcel."
(5) 
The term "shall" is mandatory.
(6) 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."
(7) 
The word "Commission" and the words "Planning Commission" always mean the Tullytown Borough Planning Commission.
(8) 
The word "Council" or the words "Borough Council" always mean the Tullytown Borough Council.
(9) 
The word "Board" or the words "Zoning Hearing Board" always mean the Tullytown Borough Zoning Hearing Board.
C. 
Any word or term not defined herein shall be used with a meaning of standard usage.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BUSINESS USES
Adult business uses shall be those uses specifically defined and regulated by Ordinance No. 309 adopted August 7, 2007.[1]
[Added 8-7-2007 by Ord. No. 310]
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AREA
A. 
LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan, excluding any area within an existing street right-of-way, and including the area of any easement.
B. 
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
C. 
FLOOR AREAThe sum of the areas of the several floors of a building structure, including areas used for human occupancy and basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy, or any floor space in an accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, or any such floor space intended or designed for accessory heating and ventilating equipment.
AUTOMATIC TELEPHONE EXCHANGE OFFICE
A building or part of a building used for the transmission and exchange of telephone or radio-telephone messages.
BASEMENT
A story partly underground, but having 1/2 or more of its height (measured from floor to ceiling) above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement or determining square footage, only if the vertical distance between the ceiling and the average level of the adjoining ground is more than four feet, or if used for business or dwelling purposes.
BASE SITE AREA
Area within the lot lines of a lot but excluding the area of land within the street right-of-way and excluding the area of land restricted from development by covenants or easements or other development restrictions.
BUFFER YARD
A strip of required yard space adjacent to the boundary of a property or district of a width not less than that designated by this chapter, and on which is placed shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district; or to separate one land use from another land use; or to shield or block lights, noise, or other nuisances.
BUILDING
A. 
A structure having a roof which is used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.
B. 
ACCESSORY BUILDING OR STRUCTUREA subordinate building or structure located on the same lot as a principal building clearly detached, incidental, and subordinate to the principal building and used for purposes customarily incidental to those of the main building, including but not limited to private noncommercial greenhouses, swimming pools, toolsheds, playhouses, detached garages, and workshops. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building. (See "use.")
BUILDING COVERAGE
That percentage of the lot area covered by the building area.
BUILDING ENVELOPE
That area of a lot that has no building restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards, natural features with 100% protection standard and the portion of those natural features that may not be developed or intruded upon by the terms of this chapter.
BUILDING HEIGHT
A vertical distance measured from the mean elevation of the proposed finished grade at the street side of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING SETBACK LINE
The rear line of the minimum front yards, as herein designated for each district measured from the right-of-way line.
CELLAR
A story partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or square frontage, nor shall it be used for dwelling purposes.
CERTIFICATE OF OCCUPANCY
A certificate stating that all work indicated on a building permit has been completed in compliance with Borough regulations.
CONDITIONAL USE
A use permitted by the Borough Council in accordance with specific standards set forth in this chapter and pursuant to the provisions of Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988.[2]
DECISION
Final adjudication of any board or other body granted jurisdiction under this chapter or the Pennsylvania Municipalities Planning Code to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Bucks County and the judicial district wherein the Borough lies.
DENSITY
The number of dwelling units per acre. It shall be expressed in dwelling units per acre of base site area.
DETERMINATION
Final action by an officer, body or agency charged with the administration of this chapter or applications thereunder, except the Borough Council and Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including but not limited to buildings; placement of mobile homes or other structures; mining, dredging, filling, grading, paving, excavation, or drilling operations.
DRIVEWAY
A vehicular accessway connecting a street and a parking area or garage and located within a lot.
DWELLING
A. 
DWELLINGA building containing one or more dwelling units.
B. 
DWELLING UNITAny room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
C. 
SINGLE-FAMILY DETACHED DWELLINGA dwelling having only one dwelling unit from ground to roof, independent outside access, and open space on all sides.
D. 
SINGLE-FAMILY SEMIDETACHED DWELLINGA dwelling having only one dwelling unit from ground to roof, independent outside access, and not more than one wall in common with an adjoining dwelling. (These are not attached at the entire wall. They may also be end units of townhomes.)
E. 
SINGLE-FAMILY ATTACHED DWELLINGA dwelling having only one dwelling unit from ground to roof, independent outside access, and not more than two walls in common with adjoining dwellings.
F. 
MULTIFAMILY DWELLINGA dwelling having three or more dwelling units that are completely separated by party walls but share outside access.
G. 
TWO-FAMILY DUPLEX DWELLINGA dwelling having no more than two dwelling units from ground to roof, independent outside access, and open space on all sides.
EASEMENT
A grant of the specified use of a parcel of land by the property owner to the public, a corporation, or a person.
ENERGY RECOVERY
A form of resource recovery in which the organic portion of waste is converted to some form of usable energy. Energy recovery may be achieved through the combustion of processed or raw refuse to produce steam, through the burning of refuse to produce oil or gas, through the anaerobic digestion of organic waste to produce methane gas, and through other similar means.
FAMILY
One or more persons related by blood, marriage, or adoption, and in addition, any domestic servants or a group of persons who need not be so related, and in addition, domestic servants who are living together in a single nonprofit 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.
FENCE
A man-made construction of any material or combination of materials including a masonry wall erected to enclose or screen areas of land.
FIREWORKS
Any combustible or explosive composition or any substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, aerial fireworks, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing an explosive substance.
[Added 4-4-2006 by Ord. No. 303]
FLOOD
A temporary inundation of normally dry land areas.
A. 
ONE-HUNDRED-YEAR FLOODA flood that, on the average has a one-percent chance of occurring each year; for the purposes of this chapter.
B. 
REGULATORY FLOOD ELEVATIONBase flood elevation considered to be the basis for the limits of the floodplain.
FLOODPLAIN
A. 
A relatively flat or low-lying area usually adjoining a stream or watercourse which is subject to partial or complete inundation.
B. 
An area subject to the unusual and rapid accumulation of runoff of surface waters from any source.
C. 
ONE-HUNDRED-YEAR FLOODPLAINThe area of land which is likely to be inundated during a one-hundred-year flood.
D. 
FLOODWAYThe channel of a stream or river plus any adjacent floodplain areas that must be kept free of encroachment in order that the one-hundred-year flood can be carried without substantial increases in flood heights. The Floodway District.
E. 
FLOODWAY FRINGEThe area between the floodway and the boundary of the one-hundred-year floodplain. The Flood-Fringe District.
F. 
APPROXIMATE ONE-HUNDRED-YEAR FLOODPLAINThe one-hundred-year floodplain delineated by approximate engineering methods. The Approximate Floodplain District.
FLOOR AREA
The sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from the center lines of walls separating two buildings and including space below the level of the ground if it is used for dwelling or a specific use other than storage and utilities; accessory buildings; enclosed porches or patios, but excluding floor area used for off-street parking and loading berths.
FLOOR AREA RATIO
The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.
GARAGE
An attached or detached building used or designed to be used for the storage of vehicles.
HAZARDOUS WASTE
Garbage, refuse, or sludge from an industrial or other wastewater treatment plant; sludge from a water supply treatment plant or air pollution control facility; and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities; or a combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following:
A. 
Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population.
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
HEARING
An administrative proceeding conducted by the Borough Council or the Zoning Hearing Board pursuant to this chapter.
HYDRIC SOILS
A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. Wetlands vegetation are those plant species that have adapted to the saturated soils and periodic inundations occurring in wetlands. The following soils, classified in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, An Interim Report, United States Department of Agriculture, Soil Conservation Service, June 1996, and Corps of Engineers Wetlands Delineation Manual, Department of the Army, January 1987, are hydric soils:
A. 
Bowmansville-Knauers silt loam.
B. 
Croton silt loam.
C. 
Doylestown silt loam.
D. 
Fallsington silt loam.
E. 
Hatboro silt loam.
F. 
Holly silt loam.
G. 
Lamington silt loam.
H. 
Othello silt loam.
I. 
Towhee silt loam.
J. 
Towhee-Glenville extremely stony silt loam.
IMPERVIOUS SURFACE
Those surfaces that do not absorb water. All buildings, hard-surfaced parking areas driveways, roads, sidewalks, and any area in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be classified as impervious surfaces.
IMPERVIOUS SURFACE RATIO
The total area of all impervious surfaces within the site or lot divided by the base site area.
LAKES and PONDS
Natural or artificial bodies of water that retain water year-round. Artificial ponds may be created by dams, or result from excavation. Lakes are bodies of water two or more acres in extent. Ponds are bodies of water less than two acres in extent.
LANDOWNER
The legal or beneficial owner(s) of land including the holder of an option or contract to purchase (whether or not such option is subject to any condition), a lessee if authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land
LEACHATE
A liquid waste resulting from the interaction of water or other liquids with solid waste. Leachate contains dissolved and/or suspended solid matter.
LOT
A. 
LOTA parcel of land used or set aside and available for use as the site of one or more buildings and building accessory, or for any other purpose, in one ownership, and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such way is in the owner of the lot. A lot for the purpose of this chapter may or may not coincide with a lot of record.
B. 
CORNER LOTA lot which has an interior angle of less than 135º at the intersection of two right-of-way lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the right-of-way lines intersect at an angle of less than 135º.
C. 
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
D. 
DEPTH OF LOTThe mean distance from the right-of-way line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
E. 
LOT WIDTHThe distance measured between the side lot lines, at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or right-of-way.
LOT LINES
A. 
LOT LINEAny boundary line of a lot including a public right-of-way line.
B. 
REAR LOT LINEAny lot line that is parallel to or within 45º of being parallel to a right-of-way except for a lot line that is itself a legal right-of-way line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not legal right-of-way lines is to be considered a rear lot line. In the case of a lot having no right-of-way frontage or a lot of an odd shape, only the one lot line farthest from any legal right-of-way shall be considered a rear lot line.
C. 
SIDE LOT LINEAny lot line that is not a legal right-of-way line nor a rear lot line.
D. 
FRONT LOT LINEOrdinarily the street line except in the circumstances where a lot is bounded by streets on more than one side, in which case all street lines would be regarded as front lot lines.
MANUFACTURED HOUSING
A factory-built home that is manufactured under the authority of 42 U.S.C. § 540, of the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but is not constructed with a permanent hitch other than for the purpose of delivery to a permanent site and does not have wheels or axles permanently attached to its body or frame.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and is constructed so that it may be used without a permanent foundation. For the purposes of this chapter, any mobile home shall be considered a detached dwelling unit and as such shall be subject to all applicable regulations in this chapter or other Borough ordinances.
MOBILE HOME LOT
A parcel of land improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land under single ownership which has been so planned and improved for the placement of mobile homes of nontransient use, consisting of two or more mobile home lots.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom, or office waste and other material, including solid, liquid, semisolid, or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of "residual waste" or "hazardous waste" in the Solid Waste Management Act[3] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
NET BUILDABLE SITE AREA
The area remaining within the property lines after the required open space is subtracted from the base site area. The net buildable site area is the area which may be built upon and shall be used to calculate site capacity under the provisions of § 185-44.
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking or buffering, but which structure or lot:
A. 
Was lawfully in existence prior to the enactment of this chapter or its amendment;
B. 
Was lawfully in existence prior to its location in the Borough by reason of annexation; or
C. 
Was lawfully created as a variance duly authorized by the Zoning Hearing Board.
NONCONFORMING USE
A use, whether of land or structure that does not comply to a use regulation prescribed by this chapter for the district in which it is located but where such use was lawfully in existence prior to the enactment of this chapter or amendment or its location by reason of annexation.
OPEN SPACE
(See § 185-29A.)
OWNER
(See "landowner.")
PARKING LOT
A portion of a lot area containing three or more off-street parking spaces and having direct access to a street.
PARKING SPACE, OFF-STREET
A portion of a lot area designed for the primary use of the temporary storage of an automobile.
PARTY WALL
A wall on an interior lot line used or a wall adapted for joint service between two buildings.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths, and other recreational areas;
B. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968 as amended by Act 170 of 1988).[4]
PUBLIC NOTICE
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.[5]
RECREATION VEHICLE
Any portable or mobile vehicle used or designed to be used for travel, recreation and/or living purposes and with it wheels, rollers, or skids in place. A camper, sleigh, golf cart, boat, boat trailer, airplane or other similar vehicle providing partial and usually temporary living and sleeping quarters that may or may not include kitchen and bathroom conveniences.
RECYCLING
The collection, separation, recovery, and sale as a raw material, or reuse of metals, glass, paper, plastics, and other materials that would otherwise be disposed or processed as municipal waste.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, semisolid (not greater than 20% liquid), or contained gaseous materials resulting from industrial, mining, and agricultural operations and any sludge from an industrial, mining, or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous.
RESOURCE RECOVERY FACILITY
A. 
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste.
B. 
The term includes a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste into a fuel product.
C. 
The term includes a facility for the combustion of municipal waste that is generated off-site, whether or not the facility is operated to recover energy.
D. 
The term includes land affected during the lifetime of operations, including, but not limited to, areas where processing activities actually occur, support facilities, borrow areas, offices, equipment shed, air and water pollution control and treatment system, access roads, associated on-site or contiguous collection transportation and storage facilities, closure and post-closure care and maintenance activities, and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility.
E. 
The term does not include:
(1) 
A composting facility;
(2) 
Methane gas extraction from a municipal waste landfill;
(3) 
A separation and collection enter, dropoff point or collection center for recycling, or a source-separation or collection center for composting leaf waste; and
(4) 
A facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.
RIGHT-OF-WAY
A. 
RIGHT-OF-WAYLand set aside for use as a street, alley or other means of travel, either existing right-of-way or future right-of-way when established.
B. 
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
C. 
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width for future street improvements.
D. 
RIGHT-OF-WAY LINESThe lines that form the boundaries of the right-of-way.
ROOMER, BOARDER or LODGER
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than one week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (motel, hotel, tourist home).
SCREENING
The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
SENIORS' SOCIAL CENTER
A community center for the elderly offering social and recreational activities. The center may include facilities for lectures, arts and crafts, and special events.
SETBACK
The required horizontal distance between a setback line and a property or street line.
SETBACK LINE
A line within a property and parallel to a property or street line which delineates the minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.
SEWER
A. 
PUBLIC SEWERAny municipal or privately owned sewer system in which sewage is collected from buildings and piped to an approved disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer.
B. 
PRIVATE SEWERAn "on-lot" septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.
SIGHT DISTANCE
The length of a street, measured along the center line, which is continuously visible from any point 3.75 feet above the center line to the top of an object six inches high above the pavement.
SIGN[6]
Any permanent or temporary structure or part thereof, or any device attached, painted, or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as, or which is in the nature of an advertisement, announcement, visual communication, direction, or which is designed to attract the eye, or bring the subject to the attention of the public.
A. 
Area of signs.
(1) 
The area of a sign shall be construed to include 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).
(2) 
Where the sign consists of individual letters or symbols attached to a building, wall, or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompass all of the letters and symbols.
(3) 
In computing square-foot area of a double-face sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45º, then both sides of such sign shall be considered in calculating the sign area.
B. 
Illumination of signs.
(1) 
DIRECTLY ILLUMINATED SIGNA sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign, including but not limited to neon and exposed lamp signs. Festoon lighting is a directly illuminated sign composed of either:
(a) 
A group of incandescent light bulbs hung or strung overhead or on a building or structure; or
(b) 
Light bulbs not shaded or hooded or otherwise screened to prevent the direct rays of the light from shining on an adjacent property or right-of-way.
(2) 
INDIRECTLY ILLUMINATED SIGNA sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.
(3) 
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(4) 
NONILLUMINATED SIGNA sign which is not illuminated either directly or indirectly.
C. 
Location of signs.
(1) 
ON-PREMISES SIGNA sign which advertises or otherwise directs attention to an activity conducted on the same lot.
(2) 
ADVERTISING SIGNAn off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation, or other similar activity which is sold, offered, or conducted elsewhere than on the lot upon which such sign is located.
(3) 
BUSINESS SIGNAn on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted other than incidentally on the premises upon which such sign is located, or to which it is affixed.
D. 
Types of signs (construction).
(1) 
FREESTANDING SIGNA self-supporting sign resting on or supported by means of poles or standards either on the ground or on the roof of a building. The height of freestanding signs on the ground shall be measured from the curb level.
(2) 
PARALLEL SIGNA sign mounted parallel to a wall or other vertical building surface. Parallel signs shall not extend beyond the edge of any wall or other surface to which they are mounted; or shall not project more than eight inches from its surface.
(3) 
PROJECTING SIGNAny sign mounted to a wall or other vertical building surface other than a parallel sign. Projecting signs shall not project more than four feet from the wall or surface to which they are mounted nor in any way interfere with normal pedestrian or vehicular traffic.
(4) 
NONSTATIONARY SIGNA sign which, by means of some mechanical device, changes its position constantly or at regular intervals by rotating around an axis or shifting in horizontal or vertical alignment.
(5) 
BILLBOARDA type of freestanding sign, with an area in excess of 100 square feet but not in excess of 300 square feet. For purposes of Article VII, Signs, freestanding signs mounted on rooftops are not considered billboards.
(6) 
(a) 
Interior property parking and traffic control signs not visible from the public right-of-way and not exceeding four square feet;
(b) 
Special information signs including "men," "women," "rest rooms," "credit cards accepted," and "hours of operation" signs if such signs do not exceed two square feet;
(c) 
A sign with an area not exceeding one square-foot bearing only property number, street address, post box numbers of the names of the occupants in residence;
(d) 
A sign which is a permanent architectural feature of a building or structure such as a cornerstone;
(e) 
Traditional barber poles, defined as poles not exceeding three feet and height and located on the same premises as the barbershop advertised;
(f) 
The legal display of the flag of the United States of America, the flag of the Commonwealth of Pennsylvania, or the flag of any recognized governmental authority;
(g) 
A governmental insignia, public monument, historic identification sign or plaque, and state or municipal highway safety signs and identification signs;
(h) 
Holiday decorations;
(i) 
Legal notices.
(7) 
TEMPORARY SIGNA type of nonpermanent sign that is located on private property.
[Added 12-1-2015 by Ord. No. 373]
SITE
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SOLID WASTE
Any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, semisolid (not greater than 20% liquid), or contained gaseous materials:
A. 
MUNICIPAL WASTEAny garbage, refuse, industrial lunchroom or office waste and other material including solid, semisolid (not greater than 20% liquid) or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste hereunder from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
SPECIAL EXCEPTION
A use to be granted or denied a zoning permit by the Zoning Hearing Board on the basis of the standards and criteria specified in this chapter for the use in question and on the general standards included in this chapter. Special exceptions may not be granted for uses other than those expressly stated in this chapter.
STEEP SLOPES
Areas where the average slope exceeds 15% or greater which because of slope are subject to high rates of stormwater runoff, and therefore are subject to erosion and flooding.
STORY
That part of a building located between a floor and the floor or roof above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A "half-story" is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above such story.
STREET
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. Streets are further classified as follows:
A. 
PRINCIPAL ARTERIAL HIGHWAYSProvide minimal land access with high degree of travel mobility; serve major centers of urban activity and travel generation; generally serve the highest traffic volume corridors and the longest trip lengths, thus carrying a significant proportion of the total urban area travel; principal arterial routes should be continuous, both internally and between major rural connections.
B. 
MINOR ARTERIAL STREETSProvide greater emphasis on land access with a lower level of travel mobility than on principal arterials; include most bus routes not on principal arterials; serve larger schools, industries, hospitals, plus small commercial areas not incidentally served by principal arterials.
C. 
COLLECTOR STREETSProvide minimal emphasis on travel mobility, low travel speeds, full land access; penetrate neighborhoods to distribute or collect trips that serve minor travel generators such as local elementary schools, small individual industrial plants, office, commercial and warehouse locations not served by principal or minor arterials.
D. 
LOCAL STREETSCompose all remaining urban roads and streets; primary purpose is to provide direct access to abutting land and access to the higher order systems; through traffic movement is deliberately discouraged; offers the lowest level of mobility.
E. 
PAPER STREETA street that has never been built, shown on an approved plan, subdivision plot, tax maps, or official map.
F. 
PRIMARY STREETDesigned to provide access to abutting properties and carry traffic from secondary streets to collector streets.
G. 
SECONDARY STREETDesigned primarily to provide access to abutting properties.
H. 
MARGINAL ACCESS STREETA secondary street that is parallel to and adjacent to an arterial or collector street; and that provides access to abutting properties and protection from through traffic.
I. 
ALLEYA serviceway providing a secondary means for public access to abutting property and not intended for general traffic circulation.
STREET LINE
The dividing line between the street and the lot. The street line shall be the same as the existing established legal right-of-way in the case of existing streets, but in cases involving proposed streets the street line shall be the same as the future right-of-way line.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBSTANTIAL IMPROVEMENT
A. 
Any repair, reconstruction, or improvement to a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure either:
(1) 
Before the improvement or repair is started; or
(2) 
If the structure has been damaged, and is being restored, before the damage occurred.
B. 
For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) 
Any project for improvements to a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to ensure safe living conditions, or
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, or a local inventory of historical resources.
TOWER, COMMUNICATIONS
A structure (including an antenna, monopoles, and lattice construction steel structures) used for transmitting or receiving radio, television, microwave, telephone, or telecommunications signals.
TRAILER
A nonmotorized vehicle designed to be hauled, and used for such purposes as holding materials, goods, or objects.
TRAVEL TRAILER
A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation, and other short-term uses having a body width not exceeding eight feet and a body length not exceeding 32 feet.
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
USE
A. 
USEAny activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
B. 
ACCESSORY USEA use located on the same lot with a principal use, and clearly incidental or subordinate to, and customarily in connection with, the principal use of a building. In buildings restricted to residential use, customary home occupations, when approved by the Zoning Hearing Board, and workshops not conducted for compensation shall be deemed accessory uses.
C. 
PRINCIPAL USEThe main use on a lot.
UTILITIES
Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles and the like).
VARIANCE
A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to § 185-102C of this chapter and Section 910.2(a) of the Pennsylvania Municipalities Planning Code (Act 247).[7]
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, waterway, gully or ravine in which water flows in a definite direction or course, either continuously or intermittently, and has a defined bed and banks.
WATER SUPPLY SYSTEM
A system of piping and appurtenances whether municipally or privately owned, designed for the transmission and distribution of safe, potable water from a centralized water supply or source to residences, commercial buildings, industrial plants, or institutions (not including individual on-lot wells).
WETLANDS
Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
WOODLANDS
One-quarter (1/4) acre or more of wooded land where the largest trees measure at least six inches in diameter at breast height (dbh) or 4.5 feet from the ground. The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter at breast height (dbh).
YARD
A. 
YARDAn open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or right-of-way line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or right-of-way line.
B. 
FRONT YARDA yard between a structure and a right-of-way line and extending the entire length of the right-of-way line. In the case of a corner lot, the yards extending along all rights-of-way are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all rights-of-way are front yards.
C. 
REAR YARDA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
D. 
SIDE YARDA 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: See Ch. 39, Adult Businesses.
[2]
Editor's Note: See 53 P.S. § 10601 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: See 53 P.S. § 10910.2(a).