Township of Patterson, PA Article III Definitions and Word Usage

§ 190-4 Word usage; definitions.

A. Interpretation. For the purpose of this chapter certain terms and words shall be interpreted or defined as follows:

(1) Words used in the present tense shall include the future.

(2) Words used in the singular shall include the plural, and the plural shall include the singular.

(3) The word "person" includes a corporation as well as an individual.

(4) The word "lot" includes the word "plot" or "parcel."

(5) The term "shall" is always mandatory.

(6) The word "used" or "occupied" as applied to any land or building shall be constructed to include the words "intended, arranged or designed to be used or occupied."

(7) The word "building" includes the word "structure."

(8) The word "erected" shall include the word "constructed."

(9) The word "moved" shall include the word "relocated."

B. Meaning of words. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:

ACCESSORY BUILDING OR STRUCTURE

Includes but is not limited to the following which are subordinate to the principal buildings or uses on the same lot:

(1) In all residential zones:

(a) Children's playhouse, picnic shelter, greenhouse (noncommercial), garage, carport, garden house or storage building for domestic storage.

(b) Swimming pool, ornamental pool, tennis court, basketball court or similar private recreational facility.

(c) Storage of camping trailers, boats and similar equipment which is owned or leased for noncommercial purposes for the use of the residents of the premises.

(d) Home gardening.

(2) In commercial zones:

(a) Storage of merchandise and goods normally carried in stock in conjunction with the principal use on the same parcel or lot of ground.

(b) Storage of goods used in, or produced by, manufacturing activities on the same parcel or lot of ground.

(3) In all zones:

(a) Off-street motor vehicle parking areas and loading and unloading areas.

(b) Fences and ornamental walls and landscape features.

ACCESSORY USE

A use which is subordinate and incidental to the main use or uses on the same lot or premises. Said uses shall not include nonconforming uses under the terms of this chapter.

ADULT BOOKSTORE

An establishment having a substantial or significant portion of its stock in trade, for sale or rental, books, magazines, videotapes, computer disks or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or nudity as defined herein.

[Added 5-12-1999 by Ord. No. 370]

ADULT CABARET

A cabaret, tavern, bar, nightclub, theater or similar club which features strippers, female topless and/or bottomless waitresses or employees, or bottomless male waiters or employees, male or female impersonators or similar entertainers who exhibit, display or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in this chapter and the Pennsylvania Obscenity Code.

[Added 5-12-1999 by Ord. No. 370]

ADULT MINI-MOTION-PICTURE THEATER

An enclosed building or structure offering video presentations or other visual media distinguished or characterized by an emphasis or matter depicting, describing or relating to sexual activities or nudity, as defined herein, for observation by patrons within private viewing booths and/or by use of token or coin-operated projectors or other video machines.

[Added 5-12-1999 by Ord. No. 370]

ADULT-RELATED BUSINESS

An adult bookstore, adult cabaret, adult mini-motion-picture theater or adult theater as defined herein and which, under the Pennsylvania Obscenity Code, must exclude minors or may not knowingly disseminate to minors. Also, a massage establishment as defined herein.

[Added 5-12-1999 by Ord. No. 370]

ADULT THEATER

Any business which exhibits an indoor motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code. Any adult theater which proposes to exhibit a motion picture show or other presentation as defined above outside the confines of a building or structure is prohibited.

[Added 5-12-1999 by Ord. No. 370]

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or exit facilities or an enlargement, whether by extending on a side, front or rear or by increasing in height, or the moving from one location to another, or any change in use from that of one zoning district classification to another.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building such as bearing walls, columns, beams girders or foundations.

APARTMENT

A room or suite of rooms in a multifamily structure which is designed for use as a single housekeeping unit and which contains a functional kitchen, bath and toilet facilities, permanently installed.

AUTOMOTIVE REPAIR

Engine maintenance, repair or reconditioning, collision repair, including straightening and repainting, replacement of parts and incidental services.

BASEMENT (or CELLAR)

A portion of a building partly or completely below grade.

BILLBOARD

A structure, building wall or other outdoor surface used to display lettered, pictorial, sculptured or other matter which directs attention to any product, announcement, commodity or service offered only elsewhere than on the premises or as a minor and incidental service on the premises.

BUILDING

An independent and detached structure having a roof supported by columns or walls and resting on its own foundation, including but not limited to garages, modular homes, greenhouses and other accessory buildings, and utilized for housing, shelter or enclosure of persons, animals, chattels or activity sites.

[Amended 5-12-1999 by Ord. No. 370]

BUILDING AREA

The 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 patios, terraces and steps.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the finish grade.

BUILDING LINE

The line of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or not, patios and similar construction, but excludes steps.

CARPORT

A usable covered space of not less than 10 by 20 feet for storage of private automobiles, located independently on the lot so as to meet the requirements of this chapter for an accessory building or, if attached to the main building, to meet all requirements applicable to the main building.

CLINIC

An establishment where human patients are examined and treated by doctors, technicians, dentists or similar professional practitioners on an out-patient basis not involving overnight detaining.

CLUSTER DEVELOPMENT

The development of an area of land as a single entity, for a variety of housing types and related uses, under specified performance and dimensional requirements, which permit specified variations to standard zoning regulations which apply to the zoning district in which the cluster development is permitted.[1]

COMMERCIAL (BUSINESS)

Engaging in a business, enterprise, activity or other undertaking related to or connected with trade and traffic or commerce in general.

COMMISSION, PLANNING

The legally appointed Planning Commission of the Township of Patterson, Beaver County, Pennsylvania.

CONDITIONAL USE

A use of land to be permitted or denied by the governing body, following study and recommendations by the Planning Commission, pursuant to express standards and criteria set forth in this chapter.

CONVERSION APARTMENT

A suite of rooms, consisting of at least one habitable room, one bathroom and separate and private sanitary cooking facilities, designed or intended for occupancy by one family which is established in a portion of a building originally used or designed for residential use by a single-family unit.

COVERAGE

The percentage of the lot area covered by the principal and accessory structures.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.[2]

(1) DWELLING, SINGLE-FAMILY A detached building designed for or occupied exclusively as a residence for one family.

(2) DWELLING, DUPLEX A detached building designed for or occupied exclusively by two families living independently of each other, with separate entrances.

(3) DWELLING, MULTIFAMILY OR MULTIPLE-FAMILY A structure containing three or more separate dwelling units for families living independently of each other but which may provide joint services and/or facilities.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities, municipal departments or commissions, including buildings necessary for furnishing adequate services, for public health, safety or general welfare.

FAMILY

One or more persons who live together in a single housekeeping unit and maintain a common household, as distinguished from a group occupying a boarding house. A family may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. For purposes of this chapter, the term "family" shall not include, nor shall it be interpreted to include, a group-care facility or similar functions or activities which provide room or board, or room and board, to one or more persons who are residents by virtue of receiving services such as health, social rehabilitative, general supervision or similar services or functions or activities, irrespective of whether or not they are provided by governmental agencies, their licensed or certified agents, responsible nonprofit social service agencies or corporations, profit-oriented organizations or businesses or private individuals.

(FILLING) STATION

A building, buildings, premises or portions thereof which are used for the retail sale of gasoline or other fuel for motor vehicles as well as minor automobile repair and servicing.[3]

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls, or from the center line of common walls separating buildings. For determining parking and loading space requirements under this chapter, the following areas shall not be included: cellar storage areas, elevator shafts and stairwells, floor area for mechanical equipment required to service the needs of the building, open terraces, breezeways and open porches.

GARAGE, COMMERCIAL

A garage other than a private garage as defined herein, available to clients, operated for gain and which is used for storage, repair, rental, lubricating, washing and servicing or equipping of motor vehicles.[4]

GARAGE, PRIVATE

An accessory building, with area for housing motor-driven vehicles, the property of and for the use of the occupants of the lot on which the garage is located.[5]

GARDEN (APARTMENT) DWELLING

A multifamily residential building, not exceeding three stories in height, in which units are arranged side to side, back to back or one above another, which may have either private external entrances or common hall access and which may have a private exterior yard area for each unit.

GROUP RESIDENTIAL FACILITY

An establishment that provides room and board to persons who receive the supervised specialized services that are provided under the jurisdiction of a government agency, their licensed or certified agents or other responsible nonprofit social service organizations. Such group facilities may include child and adult care and supervision which provides services for individuals not in need of hospitalization or incarceration but who, because of age, convalescence, infirmity, disability or related circumstances, require such services.

[Added 12-30-1985 by Ord. No. 283]

HEIGHT

The height of a building shall be measured from the mean level of the ground at the periphery of a building to the highest point of the roof. Chimneys, spires, towers, tanks and similar projections shall not be included in calculating the height.

HOLIDAY

The entire twenty-four-hour period of the days of New Year's Day (January 1), Good Friday, Election Day (both primary and general elections), Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day.

[Added 5-12-1999 by Ord. No. 370]

HOME GARDENING

The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling.

HOME OCCUPATION

(1) An accessory use of a service- or product-oriented character conducted within a dwelling unit by the residents thereof, which is clearly subordinate to the use of the dwelling for living purposes and does not change the character thereof or have exterior evidence of such subordinate use other than a small announcement sign, and, in connection therewith, there is not involved the exterior keeping of or exhibition of stock in trade. In the pursuit of such activities, all operations shall be conducted indoors and be free of any procedures which could be construed as adversely influencing surrounding residential uses because of noise, vibration, smoke, electrical interference, odor or similar conditions.

(2) The following by way of example shall be considered "home occupations":

(a) Lawnmower and small appliance repair.

(b) Dressmaker, beautician, barber and watchmaker.

(c) Small craft and hobby instruction and supply, limited to four pupils at a time.

(d) Professional, technical and business activities.

(3) Note: For purposes of administering this chapter, a more restrictive interpretation shall apply to home occupations when permitted as a conditional use in the R-1 Single-Family Residential District. In the R-1 District, the following definition shall apply:

(a) LIMITED HOME OCCUPATION An accessory use limited to professional, technical or business pursuits which involve only office and studio-related functions and practices conducted within a dwelling structure or related accessory structure by the residents thereof, which is clearly subordinate to the use of the structure for living purposes and does not change the character thereof or have exterior evidence of such subordinate use other than a small announcement sign. The following by way of example shall be considered "limited home occupations":

[1] Activities conducted principally by telephone or mail.

[2] Art and design studios, light handcrafts and objects of art.

[3] Teaching and tutoring instruction limited to two pupils at a time.

[4] Professional services such as a physician, dentist, lawyer, realtor, broker, architect, engineer and related activities.

HOSPITAL

The term "hospital" shall include sanitarium, clinic, rest home, nursing home, convalescent home and any place utilized for the diagnosis, treatment or other care of humans which provides for overnight accommodation.

HOTEL or MOTEL

A building or a group of buildings in which lodging is provided and offered to the general public or to a select group of patrons for compensation.

JUNK

Any discarded material or article, including but not limited to scrap metal, abandoned or junked motor vehicles or vehicle parts, machinery or machinery parts, papers, glass and related items, containers or partially dismantled structures or parts thereof. It shall also include a partially dismantled motor vehicle not bearing current registration plates and which is not in the process of on-going and immediate repair. It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.

[Amended 12-30-1985 by Ord. No. 283]

JUNKYARD

The use of more than 200 square feet of the area of any lot for storage, keeping or abandonment of junk.

LOT

The parcel of land on which a main building and any accessory buildings are placed, together with the required open spaces.

(1) LOT AREA The horizontal surface area within the lines of the lot.

(2) LOT, CORNER A lot at the junction of and having frontage on two or more intersecting streets or roads.

(3) LOT DEPTH The mean horizontal distance between the front and rear lot lines.

(4) FRONT LOT LINE In the case of a corner lot, a line separating the narrowest frontage of the lot from the street and, in the case of an interior lot, a line separating the lot from the street or place.[6]

(5) LOT WIDTH The mean horizontal distance across the lot between the side lot lines measured at right angles to the depth.

MANUFACTURING, LIGHT

The processing, handling or fabrication of materials and products where no processes are involved which will produce noise, vibration, air pollution, fire hazard, noxious emission, traffic or other factors which will disturb or endanger neighboring properties.

MASSAGE ESTABLISHMENT

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 of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth of Pennsylvania. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

[Added 5-12-1999 by Ord. No. 370]

MOBILE HOME

A transportable dwelling intended for permanent occupancy, contained in one unit or in two or more units designated to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, to be located and resided in only on a mobile home lot.

[Amended 5-12-1999 by Ord. No. 370]

MOBILE HOME COURT

A parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots for placement thereon of mobile homes.

[Amended 5-12-1999 by Ord. No. 370]

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connection thereon of a single mobile home.

[Added 5-12-1999 by Ord. No. 370]

MODULAR HOME

A type of manufactured housing that is not movable on its own but rather must be lifted and placed on a transporting device (i.e., flatbed trailer) and that arrives in at least two or more sections and is placed on a permanent foundation and, when completely installed, looks like a conventional dwelling that was constructed on site.

[Added 5-12-1999 by Ord. No. 370]

MULTIPLE DWELLING

A building designed for and occupied exclusively as a residence for two or more families living independently of each other, including houses separate except for common adjoining walls.

NEIGHBORHOOD COMMERCIAL

A neighborhood-oriented commercial facility that provides essential everyday needs to the residents of the immediate community and is not dependent upon transient or nonresident trade.

NONBUSINESS USES

Service or charitable activities conducted on a voluntary or nonprofit basis by individuals or public or service groups and organizations.

NONCONFORMING USE

A building, structure or premises lawfully occupied at the time of the enactment of this chapter by a use that does not conform with the provisions of this chapter for the district in which it is located; also such use resulting from amendments to the Zoning District Map or in text provisions made hereafter.

NUDITY

Completely without clothing; or with the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the covered male genitals in a discernible turgid state.

[Added 5-12-1999 by Ord. No. 370]

PHILANTHROPIC USE

(1) Philanthropic uses shall be limited to public and semipublic activities which involve and relate exclusively to charitable, benevolent and public-oriented service functions, such as provided by the American Red Cross, Salvation Army, social centers sponsored by public or semipublic organizations or similar groups.

(2) For the purpose of this chapter, philanthropic uses shall not include group residential, group care or similar services and facilities.

[Added 12-30-1985 by Ord. No. 283]

PLANNED (UNIT) RESIDENTIAL DEVELOPMENT

Development of a tract of land for primarily residential purposes under single ownership or control, the development of which is unique and of a substantially different character than that of the surrounding area. Such development shall be based on a plan that allows for flexibility of design not available under standard zoning district requirements.

PRINCIPAL USE

The major or dominant use of a lot.

PRIVATE CLUB or LODGE

An organization catering exclusively to members and their guests at premises for social, recreational or athletic purposes which are not conducted primarily for gain, provided that any merchandising or commercial activities are conducted only as required generally for the membership of such organization.

PROFESSIONAL OFFICE

An office or business conducted by an individual or association dealing with medicine, law, accounting, real estate, architecture, engineering, finance or related services.

RECREATION

(1) MUNICIPAL RECREATION Developed or undeveloped open spaces and/or structures and facilities which are provided by a government body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.

(2) PRIVATE RECREATION Developed or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.

ROWHOUSE (TOWNHOUSE)

A multifamily dwelling structure consisting of at least three single-family dwelling units that are attached side by side by unpierced party walls.

SCREEN (BUFFER) PLANTING

An arrangement of vegetative material of sufficient height and density to conceal from view of property owners in adjoining residential districts the structures and uses on the premises on which the screens or buffer planting is located.

SEXUAL ACTIVITIES

[Added 5-12-1999 by Ord. No. 370]:

(1) Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such a person is a female, breast;

(2) The condition of human male or female genitals when in a state of sexual stimulation or arousal; and/or

(3) Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SIGN

Any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol, trademark, banner or pennant); or any other figure of similar character which is a structure or any part thereof or is attached to, painted on or in any other manner represented on a building or other structure and is used to announce, direct attention to or advertise.

SPECIAL EXCEPTION

The permission or approval expressly granted by the Zoning Hearing Board after formal application in situations where provision therefor is made by the terms of this chapter.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

STREET

A public or private way which affords the principal means of access to abutting properties. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, alley, avenue, lane, drive, place or other appropriate name.

STREET LINE

The line defining the edge of the legal width of a dedicated street right-of-way.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

TRAILER, CAMPING

A portable vehicular structure built on a chassis and designed for use as a temporary dwelling for travel, recreation and vacation uses.

USE

The purpose of the activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE

A modification of the literal provisions of of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

YARD

A space on the same lot with a principal structure, open, unoccupied and unobstructed by structures, except as may by otherwise provided in this chapter.

(1) YARD, FRONT A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements, the depth of which is the least distance between the front lot line and the building line.

(2) YARD, REAR A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements.

(3) YARD, SIDE A yard between the principal structure and the side lot line, extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the principal building.

ZONING MAP

The zoning map or maps which are part of this chapter, together with all amendments subsequently adopted.[7]

ZONING HEARING BOARD

The board assigned the duties of judging various appeals of persons aggrieved by the interpretation of this chapter and, further, assigned to consider the qualification of special exceptions under the terms and conditions specified in this chapter.

ZONING OFFICER

The individual authorized by the legislative body to be the administrator of the day-to-day application of the provisions contained in this chapter.

ZONING PERMIT

A statement signed by the Zoning Officer indicating that the application for permission to construct, alter or add is approved and in accordance with the requirement and terms of this chapter.

[1] Editor's Note: Amended at time of adoption of 2002 Code revisions; see Ch. 1, Art. III.

[2] Editor's Note: Amended at time of adoption of 2002 Code revisions; see Ch. 1, Art. III.

[3] Editor's Note: Amended at time of adoption of 2002 Code revisions; see Ch. 1, Art. III.

[4] Editor's Note: Added at time of adoption of 2002 Code revisions; see Ch. 1, Art. III.

[5] Editor's Note: Added at time of adoption of 2002 Code revisions; see Ch. 1, Art. III.

[6] Editor's Note: Amended at time of adoption of 2002 Code revisions; see Ch. 1, Art. III.

[7] Editor's Note: The Zoning Map is on file in the Township offices.