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.
(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.
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.
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)
DWELLING, DUPLEXA detached building designed for or occupied exclusively by two families living independently of each other, with separate entrances.
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.
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.
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.
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 OCCUPATIONAn 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 AREAThe horizontal surface area within the lines of the lot.
(2)
LOT, CORNERA lot at the junction of and having frontage on two or more intersecting streets or roads.
(3)
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
(4)
FRONT LOT LINEIn 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.
(5)
LOT WIDTHThe 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.
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 RECREATIONDeveloped 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 RECREATIONDeveloped 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, FRONTA 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, REARA 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, SIDEA 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.
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.