Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
100-YEAR FLOOD
A flood that has one chance in 100 or a 1% chance of being
equaled or exceeded in any year.
ABANDONED VEHICLE
A vehicle, other than a pedalcycle, shall be presumed to
be abandoned if, as defined under the Pennsylvania Vehicle Code, 75
Pa.C.S.A. § 102, it is unable to be moved under its own
power or is left unattended on or along a public right-of-way or other
public property for more than 48 hours and does not bear valid registration,
a current certificate of inspection, and an ascertainable vehicle
identification number.
[Added 4-10-2017]
ACCESS DRIVE
A paved surface, other than a street or alley, which provides
vehicular access from a street or private road or a lot.
ACCESSORY BUILDING
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or the main building and located on the same lot with such principal
use or main building.
ADULT-ORIENTED BUSINESS
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
(1)
(a)
Which has a substantial or significant portion
of its stock-in-trade consisting of the following items:
[1]
Books, magazines or other periodicals, films
or other forms of audio or visual representation which are distinguished
or characterized by an emphasis on depiction, description or display
of sexual activities or conduct or uncovered male or female genital
areas; and/or
[2]
Instruments, devices or paraphernalia which
are designed primarily for use in connection with sexual activities
or conduct.
(b)
To which the public is permitted or invited
wherein coin or slug operated or electronically or mechanically controlled
still or motion-picture machines, projectors or other image producing
devices are maintained to show images, with or without sound, where
the images so displayed are distinguished or characterized by an emphasis
on depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas.
(2)
ADULT THEATERAny theater, auditorium, concert hall or other place of assembly presenting any form of audio and/or visual material and in which a substantial portion of the total presentation time measured over any consecutive twelve-month period is or will be devoted to the showing of material which is distinguished or characterized by emphasis on depiction, description or display of sexual activities or uncovered male or female genital areas, or featuring live performances on a regular basis which are distinguished or characterized by emphasis on depiction, description or display of sexual activities or by exposure of uncovered male or female genital areas for observation by patrons.
(3)
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health 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.
AGRICULTURE
The tilling of the soil, the raising of crops, horticulture
and gardening.
ALLEY
A narrow thoroughfare through a block giving access primarily
to the rear of buildings or properties.
ALTERATIONS
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
AMENDMENT
A change in use in a district which includes revisions to
the zoning text and/or the official Zoning Map. The authority for
any amendment lies solely with the City Council.
ANIMAL HOSPITAL
A building used for the treatment, housing or boarding of
small domestic animals, such as dogs, cats, rabbits and birds or fowl,
by a veterinarian.
APARTMENT
A dwelling unit for rent or lease, other than a single-family
detached dwelling.
APARTMENT CONVERSION
A dwelling constructed by converting an existing building
into apartments for one or more families, without substantially altering
the exterior of the building.
APARTMENT HOUSE
A multifamily dwelling containing three or more apartments.
AREA, BUILDING
The total area taken on a horizontal plane at the mean level
of the ground surrounding the main building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
AUTOMOBILE AND/OR MOBILE HOME SALES GARAGE
A building on a lot designed and used primarily for the display
or sale of new and used cars and mobile homes, where mechanical repairs
and body work may be conducted as an accessory use incidental to the
primary use.
AUTOMOBILE AND/OR TRAILER SALES LOT
An open lot used for the outdoor display or sales of new
or used automobiles or trailers, where minor and incidental repair
work, other than body and fender, may be done.
AUTOMOBILE BODY SHOP
A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers and/or accessories of
automobiles and other vehicles for conveyance.
AUTOMOBILE GARAGE, MAJOR
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing or supplying of gasoline
or oil to automobiles, trucks or other motor vehicles.
AUTOMOBILE GARAGE, MINOR
A building for the storage of one or more automobiles and/or
other vehicles, provided that no business, occupation or service is
conducted for profit therein other than the leasing of space for the
storage of automobiles and/or other vehicles.
AUTOMOBILE OR GASOLINE SERVICE STATION
A building on a lot or part thereof that is used primarily
for the retail sale of gasoline, oil and other fuel and which may
include facilities used for polishing, greasing, washing, dry cleaning
or otherwise cleaning or servicing automobiles and other vehicles.
AUTOMOBILE WASHING (CAR WASH)
A building on a lot designed and used primarily for the washing
and polishing of automobiles, which may provide accessory services
as set forth herein for automobile service stations.
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other chapters
have been prepared; for purposes of this chapter, the 100-year flood.
BASEMENT
A story partly underground but having 1/2 or more of its
height above the average level of the adjoining ground.
BOARDINGHOUSE
A building where, for compensation, provisions are made for
lodging and meals for at least three but not more than 15 persons.
BOARDINGHOUSE, ADULT PERSONAL CARE
A building in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 consecutive
hours for more than three, but not more than six, adults who are not
relatives of the operator and who require assistance or supervision
in such matters as dressing, bathing, diet or medication prescribed
for self-administration but do not require hospitalization or care
in a skilled nursing or intermediate care facility.
[Added 8-13-1984 by Ord. No. 1060]
BUILDING
Any structure having a roof supported by columns, piers or
walls and intended for the shelter, housing or enclosure of persons,
animals or chattels.
BUILDING LINE
A line parallel to the front, side or rear lot line, set
so as to provide the required yard.
BUILDING, MAIN
A building in which is conducted the principal use of the
lot on which it is located.
CARPORT
A building open on at least three sides which is primarily
designed or used for parking automobiles.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A "cellar"
shall not be considered in determining the required number of stories.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
COURT, INNER
A court which does not extend to a street, alley, yard or
outer court.
COURT, OUTER
A court which extends to a street, alley, yard or other outer
court.
COVERAGE
The percentage of the plot or lot area covered by the building
area.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DAIRY
An industrial establishment for the manufacture or processing
of dairy products.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DOG KENNEL
The sheltering of three or more dogs that are more than six
months old.
DWELLING
A building designed for living quarters containing one or
more dwelling units.
DWELLING, GROUP
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
DWELLING, MULTIFAMILY
A dwelling used by three or more families living independently
of each other and doing their own cooking, including apartment houses,
row houses or townhouses.
DWELLING, TWO-FAMILY ATTACHED (ROW)
A dwelling used by two families, with one dwelling unit arranged
over the other and having two party walls in common with other dwellings,
such as row houses or townhouses.
DWELLING, TWO-FAMILY SEMIDETACHED
A dwelling used by two families, with one dwelling unit arranged
over the other, having a side yard and having a party wall in common
with another dwelling or building.
DWELLING UNIT
One or more rooms providing living and sanitary facilities
for one family and with facilities for sleeping, cooking and eating.
FAMILY
One or more persons who live in one dwelling unit and maintain
a common household. It may consist of a single person or two or more
persons, whether or not related by blood, marriage or adoption. It
may also include domestic servants and gratuitous guests, but not
occupants of a club, fraternal lodging or boardinghouse.
FENCE
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation,
or an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source. For the purpose of this chapter,
it is the 100-year floodplain as delineated by the Type 15 Flood Insurance
Study for the City of Sunbury.
FLOODPROOFING
Any combination of structural or nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOOR AREA, HABITABLE
The sum of the horizontal areas of all rooms used for habitation,
such as living room, dining room, kitchen or bedroom, but not including
hallways, stairways, cellars, attics, service rooms or utility rooms,
bathrooms or closets; nor unheated areas such as enclosed porches;
nor rooms without at least one window or skylight opening onto an
outside yard or court.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal areas of several floors of
a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
GARAGE
See "automobile garage, major" and "automobile garage, minor."
GARDENING
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
GRADE, FINISHED
The complete surfaces of lawns, walks and roads brought to
grades as shown on official plans or designs relating thereto.
HEIGHT OF BUILDING
The vertical distance measured from the mean level of the
ground surrounding the building to the point of the roof, but not
including chimneys, towers, spires, elevator penthouses, tanks and
similar projections.
HOSPITAL
Any premises, other than a mental health establishment, as
defined herein, whether or not operated for profit, having an organized
medical staff and providing equipment and services primarily for inpatient
care of individuals who require definitive medical diagnosis and/or
treatment and care for illness, injury or other disability, or during
or after pregnancy, and which also makes available at least clinical
laboratory services, diagnostic X-ray services, definitive clinical
treatment services, surgical services and outpatient emergency services.
HOTEL
A building designed for occupancy primarily as the temporary
abiding place for individuals who are lodged with or without meals,
in which building:
(1)
There are more than 10 sleeping rooms.
(2)
Fifty percent or more of the gross floor area
shall be devoted to residential use.
(3)
Business may be conducted when accessory and
incidental.
(4)
There may be club rooms, ballrooms and common
dining facilities.
(5)
Such hotel services as maid, telephone and postal
services are provided.
INDUSTRIAL PARK
A tract of land laid out in accordance with an overall plan
for a group of industries with separate building sites designed and
arranged on streets with utility services, setbacks, side yards, landscaped
yards and covenants controlling the architecture and uses.
JUNK
Wastepaper, scrap, copper, brass, rope, rags, batteries,
paper, trash, rubber debris, waste, iron, steel, appliances, drums,
scrap wood (excluding firewood), and other old or scrap ferrous or
nonferrous material, including wrecked, scrapped, ruined, dismantled,
nonrepairable, salvage or abandoned motor vehicles or automobiles,
truck-campers, trailers, or parts thereof.
[Added 4-10-2017]
JUNKYARD
Any lot, land or open structure, or part thereof, used primarily
for the collection, storage, salvaging or selling of junk or discarded
material. "Open structure," as defined herein, shall include, but
not be limited to, carports, tarps, or any other types of temporary
coverings used to cover or store junk or discarded material. The term
"junkyard" shall not be applicable to recycling centers, vehicle salvage
dealers, and repair or towing businesses, as defined herein.
[Amended 4-10-2017]
LOT
A measured parcel of land having fixed boundaries and designated
on a plot plan, survey or map.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets or private roads or at the point of abrupt change of a single
street or private road, where the interior angle is less than 135°
and the radius of the street or private road line is less than 100
feet.
LOT LINES
The lines bounding a lot as defined herein.
MEDICAL CENTER
The office of more than one practitioner of the profession
of medicine, which for the purpose of this chapter shall include dentistry,
chiropractic and podiatry.
MENTAL HEALTH ESTABLISHMENT
Any premises, whether or not operated for profit, for the
care of individuals who require care because of mental illness, intellectual
disability or inebriety. The private home of a person who is rendering
such care to a relative shall not be deemed to be a mental health
establishment.
[Amended 1-11-2016]
MOBILE HOME PARK
A lot upon which two or more mobile homes, occupied for dwelling
or sleeping purposes, are located.
MOTEL
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients, including auto courts, motels,
motor lodges and similar establishments.
MOTOR VEHICLE SALESROOM
A building designed and used primarily for the display or
sale of new or used automobiles and/or other vehicles where mechanical
repairs may be conducted as an accessory use.
NONCONFORMING BUILDING
A building or structure which does not conform to all the
height, area, court and yard regulations of a district in which it
is located.
NONCONFORMING SIGN
A sign which does not conform to the regulations of a district
in which it is located.
NONCONFORMING USE
A use which does not conform to the regulations of a district
in which it is located.
NONREPAIRABLE VEHICLE
A vehicle shall be presumed to be nonrepairable if, as defined
under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102,
it is incapable of safe operation for use on roadways or highways
and has no resale value except as a source of parts or scrap only;
a salvage vehicle issued a nonrepairable or nonrebuildable vehicle
document by another state; or a vehicle which a salvor or vehicle
salvage dealer designates as a source for parts or scrap or which
the owner irreversibly designates as a source for parts or scrap.
[Added 4-10-2017]
NURSERY, HORTICULTURE
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
NURSING OR CONVALESCENT HOME
Any premises, whether or not operated for profit, primarily
engaged in providing skilled nursing care and related services and/or
intermediate nursing care and related services and/or rehabilitation
services for the patients who are not acutely ill and not in need
of hospitalization, but who, because of age, illness, disease, injury,
convalescence or physical infirmity, need such care or services.
OPEN SPACE
The unoccupied space open to the sky on the same lot with
the building.
PARKING SPACE
The space, located off of the public right-of-way, for the
parking of one automobile.
PAVED
Covered with crushed limestone, concrete, macadam or other
material making a firm surface for travel.
PERSONAL SERVICE SHOP
A business which provides a service which is personal in
nature, such as barbershops and beauty shops, dry cleaners, dressmakers,
tailors and so forth.
PET GROOMING
The grooming of domesticated animals. Pets and animals shall
not include farm animals and the like. Animals shall be maintained
inside the business. The boarding of animals shall not be permitted.
Pet grooming shall only be permitted in H-C, I-P, N-B and C-B zoned
areas.
[Added 6-10-2002; amended 8-26-2002]
PLAT
A map, plan or layout showing the subdivision of land and
indicating the location and boundaries of individual properties.
PREMANUFACTURED HOUSING (MOBILE HOME)
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two 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 constructed so that it may be used without
a permanent foundation.
[Added 1-11-2016]
PREMISES
Any lot, parcel or tract of land and any building constructed
thereon.
PRIVATE
Not publicly owned, operated or controlled.
PRIVATE ROAD
A right-of-way, other than a street, which provides vehicular
access to two or more lots.
PROFESSIONAL OFFICE
The office of a sole practitioner of the traditional professions of theology, medicine and law, or the practitioner of a profession other than theology, medicine and law when allowed by the Zoning Hearing Board according to the provisions of §
175-88.
PUBLIC
Owned, operated or controlled by a government agency, federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Public
Education.
QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT or TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, clay, gravel or topsoil for sale, excluding the grading
of a lot preparatory to the construction of a building for which application
for a building permit has been made.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
[Added 4-10-2017]
RECYCLING CENTER
An individual or business primarily and actively engaged
in the business of recycling.
[Added 4-10-2017]
REPAIR OR TOWING BUSINESS
An individual or business, as defined under the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 1337(c) (relating to use of
"miscellaneous motor vehicle business" registration plates), who is
primarily and actively engaged in the business of mechanical or body
repairs or towing for direct compensation of motor vehicles owned
and operated by other persons.
[Added 4-10-2017]
RIDING ACADEMY
An establishment where horses are kept for riding or driving
or are stabled for compensation or incidental to the operation of
any club, association, ranch or similar establishment.
ROOMING HOUSE
A building where, for compensation, provisions are made for
lodging for at least three but not more than 15 persons.
SALVAGE VEHICLE
A vehicle shall be presumed to be salvage if, as defined
under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102,
it is inoperable or unable to meet vehicle equipment and inspection
standards to the extent that the cost of repairs would exceed the
value of the repaired vehicle. The term does not include a vehicle
that would qualify as an antique or classic vehicle except for its
lack of restoration or maintenance.
[Added 4-10-2017]
SCHOOL, PRIVATE
Any place offering instruction in any branch of knowledge
which is operated by a nongovernmental agency.
SCHOOL, PUBLIC
Any place offering instruction in any branch of knowledge
which is operated by a governmental agency.
SCREEN PLANTING
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining districts the
structures and uses on the premises on which the screen planting is
located.
SCREENING
The use of any natural objects, plantings, embankments, fencing,
walls or structures, or a combination of any of these, which will
effectively create a complete visible screen.
[Added 4-10-2017]
SHOPPING CENTER
A group of stores planned and designed to function as a unit
for the lot on which it is located with off-street parking provided
as an integral part of the unit.
SIGN
Any surface, fabric, device or structure, including billboards
or poster panel, bearing lettered, pictorial or sculptured matter
designed for visual communication and used for the purpose of bringing
the subject thereof to the attention of the public, but not including
any flag, badge or insignia of any government.
SPECIAL EXCEPTION
A use which the Zoning Hearing Board is permitted to authorize
in specific instances listed in this chapter, under the terms, procedures
and conditions prescribed in this chapter.
SPECIAL SALES
The sale of goods in a building or on a lot normally used
for residential purposes, such as porch sales, garage sales, yard
sales and all similar sales.
STABLE
A building in which horses are kept.
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 any floor and the ceiling
immediately above it.
STREET
A thoroughfare along the perimeter of a block, which primarily
affords access to the front of buildings or properties.
STREET GRADE
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts, at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
STREET LINE
The dividing line between the street and lot, also shown
as the 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 land.
SUBDIVISION
An area of land divided by the owner or agent, either by
lots or by metes and bounds, into lots or parcels, two or more in
number, for the purpose of conveyance, transfer, improvements or sale.
The appurtenant roads, streets and ways dedicated or intended to be
dedicated to public uses, or the use of purchasers or owners of lots
fronting thereon are included. The word "subdivision" includes the
word "resubdivision," "plat," "replat," "plan" or "replan."
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for the purpose
of facilitating the transmission and exchange of telephone and radio
messages among subscribers, and other business of a telephone central
office. It shall not include storage of materials, trucks or repair
facilities or housing of repair crews.
THEATER
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
TOURIST HOME
A dwelling in which overnight accommodations are used by
a transient guest for compensation.
TRAILER
A vehicle designed to be towed by a motor vehicle.
[Added 4-10-2017]
TRUCK-CAMPER
A structure designed, used or maintained primarily to be
loaded or affixed to a motor vehicle to provide a mobile dwelling,
sleeping place, office or commercial space.
[Added 4-10-2017]
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
VARIANCE
A variation or modification of the provisions of this chapter
which the Zoning Hearing Board is permitted to authorize, in specific
instances, under the terms, procedures and conditions prescribed in
the Pennsylvania Municipalities Planning Code and this chapter.
VEHICLE
As defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 102, every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
[Added 4-10-2017]
VEHICLE SALVAGE DEALER
Any individual or business, as defined under the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 1337(c) (relating to use of
"miscellaneous motor vehicle business" registration plates), who is
primarily and actively engaged in the business of acquiring and dismantling
used, wrecked, damaged, abandoned or salvage vehicles for the purpose
of selling the usable parts and selling the remaining vehicle hulk
materials for recycling or processing.
[Added 4-10-2017]
WINDOW
An opening to the outside, other than a door, which provides
all or part of the required natural ventilation or natural light,
or both, to an interior space.
YARD
A space open to the sky and unoccupied by any building, structure
or merchandise for display or sale, located on the same lot with a
building or structure.
YARD, FRONT
A yard on the same lot with a main building, extending the
full width of the lot and situated between the street line and the
front line of the building projected to the side lines of the lot.
The depth of the front yard shall be measured between the required
setback line and the street line.
YARD, REAR
A yard on the same lot with a main building, extending the
full width of the lot and situated between the rear line of the lot
and the rear line of the building projected to the side lines of the
lot. The depth of the rear yard shall be measured between the rear
line of the lot and the rear line of the building.
YARD, SIDE
A yard on the same lot with the building, situated between
the required setback line and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.