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Borough of Indiana, PA
Indiana County
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The following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future tense; the singular includes the plural and the plural the singular; the words "person" or "developer" include a firm, association, partnership, trust, company or corporation as well as an individual; the masculine includes the feminine; the word "shall" is mandatory and not optional and the word "may" is permissive; the words "used" or "occupied" include the words "arranged, designed, constructed, altered, converted, rented, leased, maintained, or intended to be" used or occupied; and words used in this chapter and not otherwise defined in this article shall have the same meaning as in a standard dictionary.
ABUTTING — Touching along a common boundary line, including directly across an intervening street.
ACCESS AISLE
An unobstructed vehicular passage in a parking lot, directly abutting a row of parking spaces and connecting to other aisles and to public streets, designed to provide maneuvering space for drivers entering and leaving the parking spaces.
ACCESSORY USE
An activity or use that is incidental to, and generally found in connection with the principal use on the lot (see § 460-22). An accessory building contains an accessory use.
AMENDMENT
Any addition, deletion or revision of this chapter text or Map officially adopted by the Borough Council after public hearing (see § 460-57).
AMUSEMENT ENTERPRISE
A leisure activity or recreation, usually in a confined area, for which a charge is assessed for the use of the facility and/or equipment.
APARTMENT BUILDING
A building containing at least three dwelling units; also a multiple-family dwelling.
APPEAL
A petition made to the next higher level of authority by a party wishing to pursue or protest a development issue that has been denied or approved at a lower level or by a public official, asking for reversal of the earlier decision.
APPELLANT
A party with the legal standing to file a petition to appeal an official action of a public body.
APPLICATION
A comprehensive description in words and precise drawings of a proposed development of a property as a basis for the municipality to approve or deny the plan or require conditions to be attached to approval.
ATHLETIC COMPLEX
A facility wholly devoted to the provision of equipped spaces, athletic equipment, and supporting services designed to promote physical fitness and athletic competition, usually on a membership basis or provided by an institution.
AUTO SERVICE STATION
A business facility that provides fuel and oil for vehicles and may sell auto accessories and traveler convenience goods and provide minor auto service and maintenance, but does not offer collision repair or painting or the storage of damaged or abandoned vehicles. Minor service shall be limited to spark plug, battery and tire repair and servicing; replacement of mufflers, tailpipes, hoses, belts, fluids, bulbs, windshield wipers and minor fittings; radiator cleaning and flushing; washing, polishing and lubrication, brake adjustment or installation; carburetor, fuel pump and fuel line replacement or servicing; minor engine tuning; and emergency starting services.
[Amended 2-2-2016 by Ord. No. 2016-03]
BACK-OFFICE OPERATIONS
Business activities in an office setting that do not allow face-to-face contact with clients or customers, usually involving record keeping, billing, bookkeeping and similar operations.
BALCONY
A platform without enclosing walls attached to a building along one or more edges, but with no supporting connection to the ground.
BASEMENT
The story within a building whose floor level is not more than 1/2 the vertical distance below the average finished grade of the outside ground level, and has windows not within window wells on at least one wall. Apartments with such windows may occupy basements, but not cellars where the floor level is more than 1/2 the distance below the average finished grade outside.
BAY WINDOW
A projection from the wall of a building containing windows and supported only by the wall.
BED-AND-BREAKFAST
A single-family detached dwelling the owner-occupant of which accepts a limited number of overnight paying guests occupying existing bedrooms in the dwelling, and serves only breakfast to the guests.
BEDROOM
A room within a dwelling used permanently or occasionally for sleeping purposes and at least meeting area and window opening requirements of Chapter 327, Property Maintenance, of the Code of the Borough of Indiana for the number of occupants using the room.
BLIGHTING CONDITIONS
A combination of physical and environmental conditions that creates deterioration of a property and discourages maintenance.
BOARDINGHOUSE/ROOMING HOUSE
A single-family detached dwelling whose owner accepts not more than two persons not related to the family occupying the dwelling as permanent residents in the dwelling in return for compensation to the family and in accordance with Chapter 327, Property Maintenance, of the Code of the Borough of Indiana. If meals are not provided such persons, the dwelling shall be considered a rooming house.
BOROUGH
All the land and improvements within the corporate boundaries of Indiana Borough, Indiana County, PA.
BUFFERING
Natural plantings, fences and/or walls placed along the perimeter of a property to protect residential development from abutting commercial or other activity that would deteriorate the enjoyment or value of the residential property (see § 460-23B).
BUILDING
Any man-made structure attached to or into the ground and having a roof supported by columns or walls used for the shelter or enclosure of persons, businesses or other enterprises and activities associated with any of them.
BUILDING OR SETBACK LINE
A line, or part of such line, that describes the limits of building construction within a lot, set back from lot lines the depths of front, side and rear yards for each property, depending upon which zone district the lot is located in.
BUILDING, FRONT WALL OF
The wall facing the primary street to which the lot containing the building has its access, or, if the lot does not abut a primary street, the wall containing the principal entrance to the building.
BUILDING PRINCIPAL
The building in which is conducted the principal use of the lot on which it is located. A dwelling shall be considered the principal building on a residential lot. In some business or multifamily dwelling developments there may be several principal buildings containing the same use.
BUSINESS SCHOOL
A facility providing vocational training and instruction not affiliated with or supported by any public school district, and operated as a business.
CANOPY
A lightweight device attached to and extending from the wall of a building, usually to protect windows and doors, and capable of supporting only its own weight. Canopies include awnings, which are retractable canopies.
CANOPY TREE
A deciduous tree with umbrella-like upper branch systems that creates shade on the ground and allows pedestrian circulation around the trunk of the tree when mature.
CELLAR
See "basement."
CHALLENGE, PROCEDURAL
An appeal challenging the actions taken by elected officials or appointed bodies of the Borough for failing to follow prescribed procedures in the adoption of an ordinance or amendment, scheduling or holding a public hearing, or enforcement of the ordinance.
CHALLENGE, SUBSTANTIVE
An appeal brought against an ordinance or amendment on the grounds that such ordinance or amendment unfairly places a heavy burden on one or more private property interests without compensation or advance of the public health and safety.
CLEAR SIGHT LINES
A visual path kept free of obstructions that allows vehicle drivers approaching an intersection to see one another and thus avoid a potential collision.
CLINIC, HEALTH SERVICES
An establishment offering medical, dental, or chiropractic services employing not more than three licensed doctors, dentists or chiropractors, not including assistants directed by the principals.
CLUBS, LODGES and NONUNIVERSITY FRATERNAL ORGANIZATIONS
An establishment operated for social, recreational or educational purposes, open only to members and their guests, but not the general public unless invited, and not affiliated with or sanctioned by Indiana University of Pennsylvania.
CHURCH
The building, containing as the central room, the sanctuary and meeting place of a religious congregation, including no dwelling in the same building.
COMMON WALL, FLOOR OR CEILING
A common wall is a vertical monolithic wall whose surfaces on either side are interior walls of separate dwelling units or other occupancy units, without connections through the wall between the units. A common floor and ceiling is a horizontal monolithic element separating units above and below, such element free of openings except for chimneys, pipe chases, or stair or elevator connections between floors.
COMMUNITY DEVELOPMENT OBJECTIVES
A statement attaching this chapter to the municipal Comprehensive Plan with reference to land use, density of population, and location and function of streets, utilities, and community facilities.
COMPREHENSIVE PLAN
A document based on an analysis of past trends and current conditions in a municipality, projecting growth and change in population, economic conditions and land use, and recommending measure to improve streets, utilities and community facilities, and allocate land to cope with such growth and change.
CONDITIONAL USE
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by Borough Council after recommendations by the Planning Commission, in accordance with § 460-60 of this chapter.
[Added 5-3-2005 by Ord. No. 2005-04]
CONVENIENCE SALE
Retail sales of popular everyday disposable products with limited choices, and available over a much wider time frame than usual retail sales outlets, including gasoline sales from pump islands.
CONVERSION APARTMENT
A dwelling unit created from within a single-family detached dwelling (see § 460-25D).
COUNCIL
The duly elected governing body of Indiana Borough, Indiana County, PA, with specific duties in connection with this chapter (see § 460-7A).
COUNTY PLANNING COMMISSION
The Planning Commission and staff of Indiana County, PA.
COVERAGE
The extent to which a building occupies the lot on which the building is located, expressed as a percentage of the building's area on the lot to the total lot area.
CREMATORY
A building fitted with proper appliances for the purpose of the incineration or cremation of dead human bodies.
[Added 2-2-2016 by Ord. No. 2016-03]
CURATIVE AMENDMENT
An amendment proposed by a property owner challenging the validity of zoning regulations as they apply to property in which he has an interest and requiring municipal action on his petition or a municipal curative amendment, in which the Borough Council declares a moratorium on specific parts of this chapter in order to cure alleged defects (see § 460-57I).
CUTOFF LUMINAIRE LIGHTING
Light fixtures shielded so the source of the light is not visible from off the property on which the fixture is located, and no light is allowed to escape upward from the source.
DAY-CARE CENTER
A facility for the care of dependent persons operated by a qualified individual or staff while parents or guardians are at work.
DECK
An open platform, without permanent roof or walls, raised above ground level and usually attached along one or more edges to a building.
DENSITY
A measure of the number of dwellings on a given area of land, usually expressed as the minimum number of square feet of lot area established by this chapter for each dwelling unit. Density may also be the minimum area of a bedroom required to allow occupancy by one or more individuals.
DEVELOPER
An individual landowner, agent of such landowner, or tenant with the landowner's permission, who or which causes development to occur upon a lot and who is responsible for compliance of such development with the terms of this chapter and other Borough regulations.
DEVELOPMENT
The erection, expansion or alteration of a building or structure; the altering of the land surface to receive construction; the subdividing of land in anticipation of its receiving construction or the offering of land for such purpose; or any man-made change to improved or unimproved property within a flood hazard area, including but not limited to paving, placing of utilities, filling, grading, or excavating.
DEVELOPMENT PLAN
The written and graphic provisions describing a proposed development in sufficient detail so that its compliance with the requirements of this chapter may be conclusively judged.
DISTRICT REGULATIONS
The group of standards, including lot size, building setback and coverage, and land use limitations that govern development in a particular zone district.
DORMITORY
A residential facility designed for student use containing bedrooms, suites of rooms, shared bathrooms and common facilities, such as a recreation room, kitchen, dining area and laundry, arranged as required by Chapter 327, Property Maintenance, of the Code of the Borough of Indiana.
DRIVEWAY
The vehicular entrance to a property connecting to the adjacent public street.
DRIVE-THROUGH SERVICES
An arrangement which permits customers to transact business without leaving their cars.
DWELLING
A group of connecting rooms in a building for the exclusive residential use of one family, containing its own private cooking, food storage, bathing and toilet facilities, and connecting either directly or by a common hall and/or stairs to the outside, but not including hotels, dormitories, or nursing homes.
A. 
DWELLING, SINGLE-FUNCTIONAL FAMILY DETACHEDA building containing only one dwelling and no other principal uses surrounded on all sides and above by open space and occupied by a functional family.
[Amended 8-7-2007 by Ord. No. 2007-03]
B. 
DWELLING, TWO-FUNCTIONAL FAMILYA detached building, surrounded by outside space on all sides and above containing only two dwellings, situated side by side and separated by a common wall, or one above the other separated by a common horizontal element serving as the floor of the upper dwelling and ceiling of the lower dwelling, such element free of opening except for utility lines, chimney stacks, and stairways connecting the upper dwelling to the ground level. Each dwelling shall be independent of the other in terms of access, except that the two units may have a common foyer entrance, porch, driveway and/or common utility entrance. Each unit shall be occupied by a functional family.
[Amended 8-7-2007 by Ord. No. 2007-03]
C. 
DWELLING MULTIPLE FAMILYA building containing at least three dwelling units with either separate access to the outside from each unit, or with common access via halls, stairways and/or elevators to the outside.
D. 
DWELLING UNITOne of a group of dwellings in a building or group of buildings.
EARTH MOVEMENT
The rearranging of the elevations of a site to accommodate a development on the site, involving a site plan addressing erosion control and stormwater management; also called "grading."
EROSION
The removal of soil particles by action of wind, rain, freezing and thawing, and the movement of such particles downhill to be deposited on lower ground or in streams.
ESSENTIAL SERVICES
Any element in the system or of a service provided or maintained by a public utility or a government agency for the public's health, safety and welfare, including, but not limited to, systems to convey water, sewage, gas, electricity, telephone, or communications systems, or services related thereto, including, but not limited to, road maintenance and repair, law enforcement, and fire protection and including structures or buildings specifically located and used to treat, store, transfer, regulate, maintain, or otherwise operate the aforementioned systems or services.[1]
FINISHED GRADE
The contour of the land at the conclusion of a development project.
FLOODPLAIN
See § 460-24G.
FLOOR AREA
The total horizontal interior area that is owned or leased as a unit except for storage and stock areas, rest rooms, receiving/shipping and merchandise repair/alteration areas, utility rooms, corridors not open to the public, and display windows, such total floor area used to determine the minimum number of parking spaces needed to serve the use.
FRATERNITY OR SORORITY, UNIVERSITY-RELATED
An organization that is recognized by Indiana University of Pennsylvania as meeting the University's definition of a fraternity or sorority.
FUNCTIONAL FAMILY
Either an individual or a group of people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or students where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.
[Added 8-7-2007 by Ord. No. 2007-03[2]]
FUNERAL HOME
A place or premise wherein a licensed funeral director conducts the professional practice of funeral directing, including the preparation, care and funeral services for the human dead.
[Added 2-2-2016 by Ord. No. 2016-03]
GARAGE, PRIVATE
An accessory building on a residential lot attached to or detached from the dwelling, or a room within the dwelling, intended for the storage and maintenance of vehicles and equipment owned and operated by the residents of the dwelling and not for repair of vehicles for profit, or a garage on a business property as an accessory use to serve only the parking needs of employees and customers.
GARAGE, PUBLIC
A principal use of a property providing vehicle parking and open to the public for a fee or by lease, but not including an auto repair facility or automobile sales or display.
HARDSHIP
A condition created by the size, width or configuration of a lot and/or its surface characteristics that make development of the lot conforming to the requirements of this chapter very difficult or impossible.
HEARING OFFICER
An individual member of the Zoning Hearing Board appointed by the Board Chairman to hear and decide a particular appeal or request brought to the Board because one or more Board members have a conflict of interest or are otherwise unable to hear the matter resulting in the lack of a quorum.
HEDGE, PERIMETER PLANTING
A linear arrangement of plantings along a property boundary that grow together to present, when viewed in elevation, a surface at least 50% opaque from ground level to the minimum height of the top of the hedge, if such planting is required as a buffer separating residential from business premises, or of a certain maximum height but optional opaqueness if the hedge is not required (see § 460-23A and B).
HIGHWAY OCCUPANCY PERMIT
Written permission granted to a property owner abutting a public road giving the owner the right to enter the road from his property at a location approved by the public agency having jurisdiction over the road.
HISTORIC STRUCTURE
Any structure or property, collection of structures, and their associated accessory structures deemed of importance to the history, architecture or culture of an area(s) by an appropriate local or state governmental jurisdiction.
[Added 2-2-2016 by Ord. No. 2016-03]
HOME OCCUPATION
A service type small business conducted within a dwelling by residents of the dwelling, involving no exterior manifestation of the business, except for a sign (see § 460-30A) or expansion of the dwelling to accommodate it without creating nuisance conditions in the neighborhood where it is located (see § 460-26A).
[Amended 10-5-1999 by Ord. No. 1999-07]
HOSPITAL
An establishment that provides a full range of medical and support services, both inpatient and outpatient, for general and/or specialized practice.
HOTEL
A building or complex of buildings laid out in rooms and/or suites for overnight accommodation of guests. A hotel may include as part of the operation a dining room, bar, conference rooms, fitness facilities and parking lot. The term "hotel" includes motel.
LANDOWNER
The individual, corporation or other entity whose name appears on the current deed for a property as the owner of record.
LAND USE
The principal activity or activities for which a lot or property and the buildings or structures on it are devoted.
LARGE-SCALE DEVELOPMENT
Any development of 86,000 square feet or more in area.
[Added 2-2-2016 by Ord. No. 2016-03]
LITERAL MEANING
Interpretation of the contents of this chapter to the letter without judgment or opinion that would shade or slant the meaning of any section, clause, phrase or word.
LOT
An area of contiguous land surface which abuts a street, whose ownership and legal description are of record in the office of the County Recorder of Deeds, and which is intended to contain one principal use. A lot implies one of a number of similarly sized properties in a plan, but may include any property, tract or parcel of land regardless of size or configuration for the purposes of this chapter.
A. 
LOT AREAThe total horizontal surface area within the lot boundary lines, measured in square feet and determined by deed, survey or county lot and block map descriptions.
B. 
LOT, CORNERA lot abutting two streets which intersect at one corner of the lot. A corner lot has two front yards and two side yards (see also § 460-19D).
C. 
LOT DEPTHThe dimension between the center of the front lot line and the center of the rear lot line.
D. 
LOT FRONTAGEThe distance across the front of a lot between side lot lines where they intersect the right-of-way line of the street to which the lot is oriented and which carries its street address.
E. 
LOT LINEAny of the lines describing the perimeter of a lot.
F. 
LOT LINE, FRONTThe line abutting the street to which the lot is oriented.
G. 
LOT LINE, REARThe line most distant from the front lot line.
H. 
LOT LINE, SIDEThe lines on either side of a lot connecting the front and rear lot lines, and called an interior lot line when abutting another lot or a secondary street lot line when abutting a secondary street in the case of a corner lot.
I. 
LOT OF RECORDA lot duly recorded in the office of the Indiana County Recorder of Deeds.
J. 
LOT, THROUGHA lot whose front and rear lines abut street rights-of-way.
K. 
LOT WIDTHThe distance across a lot measured along the front setback line between the side lot lines.
MAJOR SUBDIVISION
The revision or addition of any lot line consisting of more than three properties.
[Added 2-2-2016 by Ord. No. 2016-03]
MINI-STORAGE
Storage units available for rent, appealing to householders and small businesses for short- or long-term use, normally in a grouping of many units in a secure setting with a variety of small storage rooms.
MINOR SUBDIVISION
The revision or addition of any lot line consisting of three or less properties.
[Added 2-2-2016 by Ord. No. 2016-03]
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one integral unit, or in two or more units designed to be joined into one integral unit capable of later being separated and towed on its own chassis and wheels to another site. Such mobile home arrives ready for occupancy except for utility connections and minor assembly operations (see § 460-25A).
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
[Added 5-3-2005 by Ord. No. 2005-03]
NONCONFORMING LOT
A lot whose area and/or width or depth are less than the minimum dimensions established by this chapter for the zone district in which the lot is located. Such lots are otherwise lawfully in existence but have become nonconforming either by the initial adoption of this chapter or by subsequent amendment.
[Amended 4-6-2010 by Ord. No. 2010-02]
NONCONFORMING STRUCTURE
A building or structure whose height and/or placement on its lot relative to setback from one or more property lines is in violation of the minimum setback and/or maximum heights established by this chapter for the zone district in which the lot is located. A building or group of buildings that cover more area on their lot than permitted by this chapter would also be nonconforming buildings. Such structures are otherwise lawfully in existence but have become nonconforming either by the initial adoption of this chapter or by subsequent amendment.
[Amended 4-6-2010 by Ord. No. 2010-02]
NONCONFORMING USE
A use of land or buildings or both which is not listed as a permitted use in Article III of this chapter for the zone district in which the lot containing the use is located. Such uses are otherwise lawfully in existence but have become nonconforming either by the initial adoption of this chapter or by subsequent amendments.
NURSING HOME
An establishment where persons are lodged and furnished with meals and appropriate support, licensed for operation by the Commonwealth. The term "nursing home" includes an extended care facility where skilled nursing care is provided to bed-ridden or convalescent individuals, or a hospice, where terminally ill individuals are provided supporting and specialty skilled care.
OFFICE, HEALTH SERVICES
An establishment offering medical, dental or chiropractic services operated by a single licensed doctor, dentist or chiropractor on the premises.
OFF-SITE PARKING
Parking spaces that are permanently available to serve a land use, as required by this chapter, but are located on a lot other than that on which the use is located; such spaces guaranteed by a lease (see § 460-36).
PARKING LOT, PRIVATE
An accessory use of off-street parking spaces reserved for the exclusive use of tenants, employees, or customers of the property.
[Amended 5-3-2005 by Ord. No. 2005-04]
PARKING LOT, PUBLIC
A group of off-street parking spaces that are available for the general public and are usually the principal use of the property on which they are located.
PARKING, OFF-STREET
Parking spaces located entirely outside of any public right-of-way.
PARKING SPACE
An area within a parking lot or garage of sufficient width and depth to accommodate one vehicle, abutting an access aisle (see § 460-34).
PATIO
An outdoor area, paved or otherwise surfaced, at or in close proximity to the surrounding ground level. Patios may be protected by an awning but shall not have permanent roofs or walls, and may occupy no more than 10% of the lot area.
PAVED SURFACE
An impervious surface that is a horizontal area that does not permit the passage of water through it. A pervious surface allows water to pass through it.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Legislation adopted by the state in 1968, and amended on several occasions since,[3] which provides a uniform procedure enabling municipalities to implement regulations, such as this chapter, to control the development and use of land.
PERFORMANCE STANDARDS
Limitations on noise, glare, smoke emission, vibration, odor and similar effects of business operations that may downgrade nearby residential or other properties if not regulated (see § 460-28E).
PERIPHERAL EDGE
The external boundary or edge of a zoning district that faces a residential district, museum, historic structure or other similar use.
[Added 2-2-2016 by Ord. No. 2016-03]
PERMANENT RESIDENCE
Primary domicile occupied by the owner for at least 10 months out of a twelve-month period.
[Added 8-7-2007 by Ord. No. 2007-03]
PERMITTED USE, PRINCIPAL
A use allowed by right under the terms of this chapter to occur on a lot because of the lot's location in a particular zoning district. Principal permitted uses are listed for each zone district and imply that all other activity on the lot is or will be secondary to the principal use. Such uses may be approved directly by the Zoning Officer without reference to other review bodies.
PERSONAL CARE HOME
A residence licensed by the commonwealth which provides accommodations, including meals, as regulated by Chapter 327, Property Maintenance, of the Code of the Borough of Indiana, for a limited number of persons who are mobile but need help with daily living requirements.
PETITION
A written request to Borough Council presented by property owners asking for consideration of an amendment of this chapter.
PLANNING COMMISSION
The body appointed by Borough Council from residents of Indiana Borough with specific duties in connection with this chapter (see § 460-7B).
PLANNING DEPARTMENT
The personnel directed by Borough Council to perform specific duties in connection with this chapter (see § 460-7B).
[Added 2-2-2016 by Ord. No. 2016-03]
PLANNING DIRECTOR
The person hired by Borough Council to oversee the Planning Department with specific duties in connection with this chapter (see § 460-7B).
[Added 2-2-2016 by Ord. No. 2016-03]
PORCH
An outdoor attachment to a building raised above the surrounding ground level, which may have a permanent roof but is not enclosed.
POSTING
The placement of a notice upon a signboard or upon a building or structure on a property calling public attention to proposed changes in the zoning status or the property, or to a request for a variance, and indicating the date, time and place of the hearing at which the matter will be heard.
PRINCIPAL ACCESS
The principal entry and/or egress to a development or parcel. If development or parcel bordered by two or more streets, it will be determined by the street with the larger right-of-way and/or legal street address.
[Added 2-2-2016 by Ord. No. 2016-03]
PRINCIPAL STRUCTURE
The building or structure containing the principal permitted use on the lot, such use possibly occurring in more than one building or structure.
PROPERTY
For purposes of this chapter, land whose boundary is clearly described and closes on itself, is in one ownership, and may include structures and buildings thereon. A lot is a property.
PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE
The protection of these values is the legal basis for zoning and implies that zoning is needed to prevent the spread of fire, disease and blighting conditions, and to prevent the encouragement of hazards and the development of land uses and land use relationships that would reduce property values and/or interfere with the normal enjoyment and enhancement of private property.
PUBLIC HEARING
An official meeting, properly advertised in advance, called by the Borough Council, Planning Commission, or Zoning Hearing Board, for the purpose of taking testimony on the matter being heard, as a basis for the calling body to make a later recommendation or decision.
PUBLIC NOTICE
An announcement published in the legal section of the principal newspaper serving the Indiana Borough area, such announcement appearing once each week for two consecutive weeks the first time not more than 30 days and the second time not less than seven days before the hearing, stating the date, time, and place of the hearing and a description of the matter to be heard; also the posting of a notice upon an affected property with the same information.
PUBLIC UTILITY
A system providing distribution of potable water, gas, electronic, telephone, telecommunications or cable TV services, or the collection, treatment, and disposal of wastewater.
PUBLIC UTILITY FACILITY
Any building housing equipment that intervenes in, or enhances the flow over a public utility line, but not including the actual transmission pipes or lines or their supports.
RESTRICTIVE COVENANT
An agreement between a developer and purchasers of lots or units in a plan, such agreement restricting the use of the lots or units but applying uniformly to all the lots or units, recorded with the plan, applicable for a specific time period, and modified only upon approval of the agreement signers. Restrictive covenants are not enforceable by the Borough. Where requirements of a restrictive covenant are in conflict with another regulation, the more restrictive regulation shall prevail.
RETAINING WALL
An engineered structure designed to hold back earth behind it [see § 460-23D(3)].
RETIREMENT HOME
Housing for persons generally aged 65 and over not requiring constant medical supervision, in a communal setting which may include dining facilities and meeting rooms, as well as individual apartments.
RIGHT-OF-WAY
A strip of land dedicated to, and usually improved for vehicular and/or pedestrian travel by the public, as opposed to an easement, which is a strip of land dedicated for one or more public utilities or for private access and is not open to the public.
SCHEDULE OF FEES
The list of charges adopted by resolution of the Borough Council, and not a part of this chapter, to cover the costs of administering the review, decision and/or appeal processes required for a development proposal, such costs to be borne by the developer, paid in advance, and subject to periodic revision by the Council.
SCREENING
See "buffering."
SERVICING AREA
An area on a business lot set aside to maneuver and position trucks to load and unload products required or made by the business.
SETBACK
The minimum distance a building or structure must be removed from an adjacent lot line as required by this chapter in the various zone districts. Distance between lot line and building shall be measured along a line at right angles to the lot line.
SIGN
Any structure, building, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction, advertisement or identification. The actual area of any sign shall be measured in square feet and determined by the sum of the geometrically computed area(s) encompassing separate individual letters, words, or graphic elements on the background.
[Amended 9-8-2009 by Ord. No. 2009-05]
SIGN, BILLBOARD
A sign that directs attention to a business, commodity, service, or entertainment, conducted, sold, or offered other than upon the premises on which the sign is located.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, CHANGEABLE COPY
A sign or portion thereof which has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, ELECTRONIC
Electronic signs are identified by their subtype: electronic changeable copy signs, electronic graphic display signs, multi-vision signs, or video display signs.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, ELECTRONIC CHANGEABLE COPY
A sign or portion thereof that displays single-color electronic information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of single color light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs do not include official or time and temperature signs. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or other objects.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, ELECTRONIC GRAPHIC DISPLAY
A sign or portion thereof that displays multiple-color electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, FACADE, FASCIA, OR WALL
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
[Added 9-8-2009 by Ord. No. 2009-05; amended 2-2-2016 by Ord. No. 2016-03]
SIGN, FREESTANDING
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground.
[Added 9-8-2009 by Ord. No. 2009-05; amended 2-2-2016 by Ord. No. 2016-03]
SIGN, MULTI-VISION
Any sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, PROJECTING
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure the primary purpose of which is other than the support of a sign.
[Added 9-8-2009 by Ord. No. 2009-05; amended 2-2-2016 by Ord. No. 2016-03
SIGN, ROOF
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections, such as canopies or marquees, shall not be considered to be roof signs.
[Added 9-8-2009 by Ord. No. 2009-05; amended 2-2-2016 by Ord. No. 2016-03
SIGN, SANDWICH BOARD
A temporary sign created by attaching two sign faces at a single point, intended to be self-supporting.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, VIDEO DISPLAY
A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects.
[Added 9-8-2009 by Ord. No. 2009-05]
SIGN, WINDOW
A sign affixed to the surface of a window with its message intended to be visible to exterior environment.
[Added 9-8-2009 by Ord. No. 2009-05]
SITE PLAN
The proposed layout of a lot showing on a scaled drawing all elements of the site development as well as utility and drainage lines, site grading and existing buildings and structures to remain.
SPECIAL EXCEPTION
Such uses are listed for each zone district in Article III of this chapter and may be approved by the Zoning Hearing Board after receiving recommendations from the Planning Commission. Special exceptions are site specific and require extra consideration because they have, in the wrong location, the potential to create conditions that could degrade adjoining properties and/or the surrounding neighborhood.
SPOT ZONING
The rezoning of a lot or several contiguous lots into a substantially different zoning classification with development opportunities not shared by surrounding properties, for the benefit of one or several adjacent landowners who have an interest in the rezoning.
STENOGRAPHIC RECORD
A verbatim transcription of testimony taken at a public hearing by a professional stenographer.
STORMWATER MANAGEMENT PLAN
A plan to govern the collection, retention and release of stormwater in a manner to minimize damage of downstream property (see § 460-23D).
STORY
The volume of space between the surface of any floor and the surface of the floor directly above it, or if no floor above, then the ceiling above. For a story to be used for residential purposes, the minimum floor to ceiling height shall be not less than seven feet. Any floor area with less than five feet clear floor to ceiling height shall not be used in calculating required minimum floor area for a dwelling unit. The ground or first story shall be considered the one on which is located the principal access to the building, usually oriented toward the street upon which the building fronts.
STREET
A public right-of-way adopted by Indiana Borough as a vehicular and/or pedestrian way, maintained in perpetuity by the Borough or the Commonwealth of Pennsylvania, connecting to other streets to create the Borough's circulation system, and providing access to abutting lots.
STREET WALL
An architecturally designed freestanding wall six feet to 10 feet in height and constructed of either brick or stone, built to obstruct the view of a parking area from the street that is faces.
[Added 2-2-2016 by Ord. No. 2016-03]
STRUCTURE
Any man-made construction in, on, or over the ground and attached thereto. The term "structure" includes buildings.
STRUCTURAL ALTERATIONS
Revisions to a building or structure that change the dimensions of the exterior envelope or that change the interior components that support the building or structure.
SUBDIVISION
The reduction of a property into two or more separate conforming lots.
TELECOMMUNICATIONS TOWER
A freestanding structure supporting its own weight, the principal use of which is to elevate telecommunications equipment owned and operated by an entity not regulated by the Pennsylvania Public Utility Commission, including accessory buildings at ground level necessary for the elevated equipments operation but not including ground-mounted satellite dishes or antennas for private, noncommercial use.
TOWNHOUSE or ROW HOUSE
One of at least three but not more than eight attached dwelling units, each unit with at least two means of egress directly to the outside, and with no part of one unit above or below another unit.
TRANSITIONAL RESIDENTIAL FACILITY
A dwelling which is a temporary residence for persons who are moving from an institutional to an unsupervised setting.
UNRELATED INDIVIDUAL
A person who is not a member of the family occupying the same dwelling unit. Where unrelated individuals occupy a dwelling unit, they may not accommodate boarders, as provided for in §§ 460-11C(7) and 460-12C(9) of this chapter, if such accommodation would raise the total number of unrelated individuals in the dwelling unit above three in the R-1 and R-2 Zones, or above five in all other cases.
VARIANCE
A grant by the Zoning Hearing Board permitting an owner to use a lot not wholly in accordance with the provisions of this chapter because the Board finds, after receiving recommendations from the Planning Commission, that strict conformance would be an unusual hardship not created by the owner, but depriving him of reasonable use of the lot. Such a grant specifies a minimum deviation or deviations from the regulations intended to cure the hardship but not create detrimental conditions affecting abutting property owners or the public at large.
YARD
The open space along the front, sides and rear of a lot, between the lot lines and adjacent setback or building lines, the width of which is specified for each type of yard within each zoning district by this chapter. Development within yard areas is restricted.
A. 
YARD, FRONTThe area of a lot between the front lot line and front setback line the full width of the lot between the side lot lines.
B. 
YARD, REARThe area of a lot between the rear lot line and rear setback line the full width of the lot between the side lot lines.
C. 
YARD, SIDEThe area of a lot between the side lot line and side setback line extending from the front to the rear yards.
D. 
YARD DEPTHThe distance between the lot line and adjacent parallel setback line, measured at right angles to the lot line.
ZONING CLASSIFICATION
The controls imposed by this chapter that define the uses of land and buildings and the intensity of such uses that may occur within a zoning district, such controls to be applied uniformly throughout the district.
ZONING DISTRICT
A contiguous area of land on all parts of which the same uniform opportunities for development apply.
ZONING DISTRICT BOUNDARY
The perimeter line completely enclosing a zoning district.
ZONING HEARING BOARD
A body appointed by the Borough Council to examine and decide requests for special exceptions and appeals for variances or from decisions of the Zoning Officer, to hear testimony regarding the validity of this chapter upon development, and to decide other issues specified in this chapter, conditioned by recommendations received from the Planning Commission.
ZONING MAP
The plan of zoning districts for Indiana Borough as initially adopted and subsequently amended. The official Zoning Map (see § 460-8), located in the Borough Office, shows the current zoning district boundaries and supersedes all other Zoning Maps.[4]
ZONING OFFICIAL
A person appointed by and responsible to Borough Council to enforce the regulations of this chapter in accordance with its literal terms, and to carry out other duties as specified by this chapter (see § 460-54), and as directed by Council.
[Amended 2-2-2016 by Ord. No. 2016-03]
ZONING PERMIT
A document attesting that a proposal for development has been reviewed and approved in accordance with the requirements of this chapter and allowing the construction to commence.[5]
[Amended 6-22-2004 by Ord. No. 2004-07]
[1]
Editor's Note: The former definition of "family," which immediately followed this definition, was repeated 8-7-2007 by Ord. No. 2007-03.
[2]
Editor's Note: This ordinance also provided that the words “functional family” shall be considered the equivalent to the word “family” in this chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[5]
Editor's Note: Former Art. XI, Traditional Neighborhood Development Overlay Zone, added 9-5-2006 by Ord. No. 2006-05, which immediately followed, as amended, was repealed 7-2-2013 by Ord. No. 2013-03.