Definition of terms. In this chapter, words, terms
and phrases shall have the following meanings:
ACCESSORY STRUCTURE
A structure detached from a principal building on the same
lot and incidental and subordinate to the principal building or use.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
AMUSEMENT/THEME PARK
A facility composed of one or more buildings or structures
operated for a profit on a permanent basis, including a use which
is designed to provide indoor or outdoor entertainment, pleasure or
relaxation which may promote some theme, motif, or concept and may
provide lifts, tramways, monorails, elevators, escalators, roller
coasters or other conveyance or rides for the entertainment or amusement
of the public.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
APARTMENT BUILDING
A structure containing three or more apartment units; also,
a multifamily building.
APARTMENT UNIT
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building.
BASEMENT
An enclosed area partly or completely below grade. A basement
shall be considered a story for the purpose of height measurement
if the basement ceiling is five feet or more above the average grade
level around the building.
BUFFER AREA
A strip of land in which no parking areas, driveways or structures
are permitted adjacent to the existing lot line to establish a separation
between uses.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING COVERAGE
The ratio obtained by dividing the ground floor area of all
principal and accessory buildings on a lot by the total acreage of
the lot upon which the buildings are located.
BUILDING HEIGHT
The vertical distance measured from the average level of
the ground surrounding the structure to the highest point of the roof
for flat roofs and to the ridge for gable, hip and gambrel roofs,
provided that chimneys, spires, towers, mechanical penthouses, tanks,
antennas and similar projections of the building not intended for
human occupancy shall not be included in calculating the height.
BUILDING INSPECTOR
A duly appointed local official empowered to administer and
enforce this chapter and other codes, ordinances and regulations of
the Borough.
[Added 1-13-1997 by Ord. No. 568, approved 1-13-1997]
BUILDING LINE
A line parallel to the street right-of-way line at a distance
therefrom at least equal to the depth of the front yard required for
the district in which the lot is located.
CERTIFICATE OF OCCUPANCY
A document issued by the duly authorized local authority
allowing the occupancy or use of a building and certifying that the
structure or use has been constructed or will be used in compliance
with all applicable local codes and ordinances.
CHARITABLE OR NONPROFIT ORGANIZATION
A group organized for lawful purposes other than generating
a profit, such as charitable, educational, political, social, trade,
cultural, scientific, professional or any similar organization.
CLUB, PRIVATE
A social, professional, philanthropic or similar organization
characterized by the payment of dues, regular meetings and a constitution
and/or bylaws. A building is used for club or lodge purposes when
it serves as a meeting place for such organization and is not an adjunct
to or operated by or in connection with a public tavern, cafe or other
public place.
COMMUNITY RESIDENCE FACILITY, FAMILY-BASED
A dwelling, licensed by the appropriate state agency, shared
by persons requiring special care and their supervisors who live together
as a single housekeeping unit in a family-like environment. This facility
is designed to create a residential environment for the developmentally
disabled, mentally ill or retarded, handicapped or similar groups
unable to live without supervision. The maximum number of residents
in a facility shall not exceed seven, not including supervisors. These
facilities shall not be used as establishments for persons recovering
from the effects of drugs, alcohol or for inmates of penal institutions.
CONDITIONAL USE
A use specifically listed within this chapter pursuant to Article
VI of the Municipalities Planning Code and the applicable provisions of Article
XVI of this chapter and the Zoning Code of the Borough of Eddystone.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
CONDOMINIUM
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
CONFERENCE CENTER
A facility used for conferences, seminars and similar events,
with accommodations for sleeping, food preparation/service and eating.
The center may include a banquet facility, recreation, entertainment,
meeting rooms, fitness and health facilities, retail stores, personal
service such as beauty and barbershops and similar uses customarily
included in conference centers.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
CONVERSION
A change in the use of a building; for example, the change of a single-family dwelling to a two-family dwelling or the change of a retail use to office use. Where the use and dimensional regulations of this chapter permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits. However, residential conversions must comply with §
295-90.
DAY-CARE CENTER
A child day-care facility in which seven or more children
who are not related to the operator receive child care. A child day-care
center must have a certification of compliance (license) from the
state Department of Welfare in order to legally operate.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
DENSITY
Unless otherwise stipulated in this chapter, the term "density"
shall mean the maximum number of dwelling units per gross acre.
DEVELOPER
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision,
land development or any other development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets
and other paving, utilities, dredging, filling, grading, excavation
or drilling operations, storage of equipment and materials and the
subdivision of land.
DWELLING
A building or unit designed and constructed for residential
use.
DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE)
A single-family dwelling within a building with not more
than six attached dwellings. Each dwelling has at least one party
wall in common with other dwellings in the same row; a townhouse.
DWELLING, TWO-FAMILY
A building designed or occupied exclusively as a residence
for two families living independently of one another.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
EAST COAST GREENWAY
A proposed bicycle and pedestrian trail which, when completed,
is expected to connect the major cities on the eastern seaboard and
extend from Maine to Florida.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
FAMILY
Any number of individuals living together as a single housekeeping
unit when said individuals are related by blood, marriage or adoption,
including foster children; or no more than seven unrelated individuals
living together as a single housekeeping unit with single kitchen
facilities.
FAMILY DAY-CARE HOME
A home other than the child's own home, operated for profit
or not-for-profit, in which child care is provided at any one time
to four, five or six children unrelated to the operator.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, but
not including interior parking spaces, loading space for motor vehicles
or any space where the floor-to-ceiling height is less than six feet.
FREESTANDING BUILDING
Any building located within a development site which is separate
from any group or cluster development on such site and which shall
comply with the regulations of the district in which it is located.
GROUP DAY-CARE HOME
A facility in which care is provided for more than six but
fewer than 16 school-age children, or more than six but fewer than
13 children of another age, who are unrelated to the operator. The
term includes a facility located in a residence or another premises.
HOME OCCUPATION, MAJOR
Any lawful home occupation or profession conducted in a dwelling
that employs at least one person not including the resident/operator
of the home occupation and/or requires off-street parking in addition
to that for the dwelling.
HOME OCCUPATION, MINOR
Any lawful occupation or profession conducted in a dwelling
in which no persons other than the members of the resident family
are engaged, which has no visible exterior evidence of the occupation,
which does not create a need for off-street parking beyond the normal
dwelling needs and in which no equipment is used other than that normally
used in a household, domestic or general office use.
HOTEL
Any building or group of buildings, other than a spa/retreat,
in which there are five or more guest rooms used, designed or intended
to be used, let, or hired out for the purpose of offering to the general
public lodging on a day-to-day basis not to exceed 30 consecutive
calendar days, where the primary entrance is through a lobby or foyer,
and also, in which there are no provisions for cooking in any individual
room or suite unless specifically permitted by the Zoning Hearing
Board. A hotel may include additional facilities and services, such
as restaurants, meeting rooms, entertainment, personal services and
recreational facilities.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
IMPERVIOUS COVERAGE OR SURFACE
The coverage of the lot area or tract area by materials that
prevent the percolation of water into the soil and generate stormwater
runoff, such as buildings, streets, parking areas, driveways and any
other similar surfaces.
INDUSTRIAL/TECHNOLOGY CORRIDOR
A strip of land located generally within Eddystone Borough,
Ridley Township and Tinicum Township between I-95 and the Delaware
River within which the Industrial Corridor Design, Phase 1, component
of the Delaware County Renaissance Program permits lower-impact, technology-based
and water-related uses in specified zoning districts.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
LABORATORY
A facility for scientific research or the testing of materials.
[Amended 11-13-2006 by Ord. No. 614, approved 11-13-2006]
LANDSCAPED PLANTING AREA
An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this chapter and permanently maintained. See §
295-79.
LIGHT INDUSTRIAL PARK/FLEX FACILITY
A tract of land that has been planned, developed and operated
as an integrated facility for a number of individual industrial establishments,
with special attention to circulation, parking, utility needs, aesthetics
and compatibility. The park may contain mixed uses or flex space in
the form of manufacturing support facilities, showroom and display
areas, offices and office support functions and research and product
development related uses.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
LOT
A parcel of land which is or may be occupied by a building
and/or accessory structure or use, including open spaces and setbacks
as are required within the district in which the lot is located.
LOT AREA
The total horizontal area within the lot lines of a lot.
LOT, CORNER
A lot bounded by streets on at least two sides. Both yards
adjacent to streets shall be considered front yards. The short side
of the corner lot shall be considered the front of the lot.
LOT DEPTH
The distance along a straight line measured from the midpoint
of the front lot line to the midpoint of the rear lot line.
LOT LINE
A line of public record bounding a lot which divides one
lot from another lot or from a public or private street or any other
public space.
LOT LINE, REAR
Any lot line, except the front lot line, which is parallel
to, or within 45° of being parallel to, and does not intersect
any street line, except in the case of corner lots.
LOT, MINIMUM AREA OF
The lot area established by this chapter on which a use or
structure may be located in a particular district.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which does not comply with the provisions
of this chapter, as amended, where such building or structure lawfully
existed prior to the effective date of this chapter or amendments
thereafter.
NONCONFORMING LOT
Any lawful lot which does not conform to one or more of the
provisions of the district in which it is located either on the effective
date of this chapter or of amendments thereafter.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the provisions of this chapter, where such use was lawfully
in existence prior to the effective date of this chapter or amendments
thereafter.
OFFICE
Buildings, structures or parts thereof used to conduct the
business of administrative, professional or clerical operations, but
not including an office for an escort bureau or outcall entertainment
referral service. Incidental uses, such as medical or dental testing
or diagnostic services, are permitted in conjunction with medical
and dental offices.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
OFFICE PARK
A tract of land that has been planned, developed and operated
as an integrated facility for the office uses of a number of individual
business establishments, with special attention to circulation, parking
utility needs, aesthetics and compatibility.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
PARKING SPACE
A reasonably level space, having a surface slope not exceeding
6%, used for parking a motor vehicle. Such space shall be exclusive
of passageways, driveways or other means of circulation or access.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also
cited as 53 P.S. § 10101 et seq., or any subsequent act
of the Commonwealth of Pennsylvania which replaces, supplements or
repeals any or all of the provisions of Act 247.
PERFORMANCE STANDARDS
A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. These standards are listed in Article
XVII.
PERMIT
Written municipal permission issued by the appropriate local
official empowering the holder thereof to do some act not forbidden
by law, but not permitted without such authorization.
PLANTED VISUAL SCREEN
A strip of trees or hedges adjacent to the boundary of a property which, at time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens which shall be planted not farther than eight feet from one another. Such screens shall be permanently maintained. Deciduous trees may be added to create interest and variety. See §
295-78.
PRINCIPAL BUILDING OR USE
A building or use which is the primary building or use on
a lot as distinguished from a building or buildings relating to an
accessory, incidental or subordinate use; the primary purpose for
which land, a building or a structure or the use thereof is designed,
arranged or intended.
RECREATIONAL AREA
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and visual recreational
activities.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation
which can be towed, hauled or driven and is primarily designed as
temporary living accommodations for recreational, camping and travel
use, including but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes.
RESTAURANT, FAST-FOOD
Any premises used for the sale of food, refreshments and
nonalcoholic beverages, whose design or method of operation includes
the serving of food and beverages in disposable containers and in
which food or beverages are not normally delivered to the customer's
table by an employee of the restaurant. Such restaurant may also include
the delivery of food and beverages directly from the restaurant to
the customer in his or her motor vehicle.
RESTAURANT, STANDARD OR SIT-DOWN
Any premises used for the sale, dispensing and/or serving
of food, refreshments or beverages where the customer is normally
involved with an individual menu and is served by a restaurant employee
at the table, booth or counter at which said items are consumed.
SATELLITE ANTENNA
An antenna, together with all attachments and parts, the purpose of which is to receive communication from orbiting satellites. Such antennas shall comply with §
295-75 or
295-76, whichever applies.
SETBACK
The distance between the street right-of-way line or a lot
line and the principal building on a lot.
SETBACK, REQUIRED
The minimum distance from the street right-of-way line or
any other lot line that establishes the area, commonly known as the
"building envelope," within which the principal structure must be
erected or placed.
SIGN
Any object, device, display or illustration which is used
to advertise, identify, display, direct or attract attention to an
object, person, institution, organization, business, product, service,
event or location by any means, including words, letters, numbers
or symbols.
SIGN, A-FRAME
A portable sign having two separate surfaces meeting at the
top to form an "A" and supported on these surfaces (i.e., having no
pole). Such sign may contain information relating to the business
to which it pertains, and such information may be changed periodically.
SIGN AREA
The entire face of a sign, including the advertising surface
and any framing, trim or molding but not including the supporting
structure.
SIGN, AWNING OR CANOPY
A sign that is mounted or painted on or attached to an awning,
canopy or other fabric, plastic or structural protective cover over
a door, entrance, window or outdoor service area.
SIGN, CHANGEABLE COPY
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a time-and-temperature
sign and not a changeable copy sign for purposes of this chapter.
SIGN, DIRECTIONAL
A sign limited to directional messages principally for pedestrian
or vehicular traffic, such as "entry" or "exit," "one way," "loading"
or "service area," "fire lanes," "parking" or a similar sign incidental
to the primary use and not itself advertising or naming that use except
as required by law.
SIGN FACE
The area or display surface used for the message.
SIGN, FREESTANDING
A detached sign which shall include any sign placed upon
or in the ground, supported by a post, stake, etc., and not attached
to any building.
SIGN, GROUND
A freestanding sign other than a sign supported by a post
or pylon, placed upon or supported by the ground independent of any
other structure.
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark or other identifying
symbol, address or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
SIGN, INCIDENTAL
A sign, generally informational, that has a purpose secondary
to the use of the property on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
No sign with a commercial message legible from a position off the
lot on which a sign is located shall be considered incidental.
SIGN, NAMEPLATE
A sign indicating only the name and/or profession and address
of the person(s) residing or legally occupying the premises.
SIGN, OVERHANG
A sign that is suspended from the underside of a horizontal
surface and is supported by such surface.
SIGN, PORTABLE
A sign that can either be attached or mounted on a mobile
stand or transported by a trailer.
SIGN, PROJECTING
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
SIGN, SALES OR PRICE CHANGE
A type of temporary sign which has a high turnover, such
as those advertising sales and frequent price changes. These signs
are most commonly found on windows/doors of supermarkets, grocery
stores and beverage distributors. In most cases, these signs are constructed
of paper, cardboard or other lightweight materials.
SIGN, SANDWICH
A movable sign, not secured or attached permanently to the
ground, which has two separate, generally parallel surfaces and is
supported on these surfaces (i.e., having no pole).
SIGN STRUCTURE
The supports, uprights, braces and framework of the sign.
SIGN, TEMPORARY
A sign that is used in connection with an event, situation
or circumstance that is designed or intended to take place or be completed
within 30 days after a permit for the sign is issued or is intended
to remain on the location where it is placed or erected for not more
than 30 days.
SIGN, WALL
A sign posted on, painted on, suspended from or otherwise
affixed to a wall or vertical surface of a building which does not
project more than 12 inches from the wall or vertical surface to which
it is attached.
SIGN, WINDOW
A sign attached or affixed to a window or door.
SPECIAL EXCEPTION
A use permitted in a particular zoning district subject to provisions of Articles
VI and
IX of the Planning Code.
STREET
A public or private way used or intended to be used as a
means of vehicular and pedestrian travel and access to abutting properties
and space for public utilities and improved to the satisfaction of
the Borough.
STRUCTURE
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include buildings, signs, fences, walls, poles,
towers, swimming pools, porches, garages and similar structures. "Structure"
shall be interpreted as including the words "or part thereof."
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
SWIMMING POOL, PRIVATE
Any body of water, tank or receptacle of water having a depth
at any point greater than two feet used or intended to be used for
swimming or bathing solely by the owner, his family and guests of
the household and constructed, installed, established or maintained
outside any building in or above the ground upon any premises as an
accessory use to the residence. Swimming pools shall not include wading
and splashing pools with a water depth of less than two feet.
TOWNHOUSE BUILDING
A building containing not more than six single-family attached
dwellings (townhouse units) in which each townhouse unit is attached
only by a party wall or walls to one or two other townhouse units.
TRACT
An area, lot, parcel, site or property which is the subject
of a subdivision and/or land development.
TRACT AREA
The total acreage of a subdivision or land development. Tract
area shall be measured to the ultimate right-of-way line of public
streets.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects or as a temporary office.
VARIANCE
Relief granted by the Zoning Hearing Board pursuant to the provisions of Articles
VI and
IX of the Planning Code.
WATER-DEPENDENT USE
A use that requires direct access to or location adjacent
to the Delaware River or Crum or Ridley Creeks and which, therefore,
is not customarily located in inland areas. Water-dependant uses include,
but are not limited to, marinas, recreational and commercial fishing
and boating facilities, waterfront dock and port facilities and commercial
and industrial uses dependent on waterborne transportation.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
YARD
An unobstructed open space on the same lot with a principal
building which extends from a street line or lot line inward to the
principal building.
YARD, FRONT
A yard extending the full width of the lot, the depth of
which extends from the front lot line to the nearest point of the
principal building.
YARD, REAR
A yard extending the full width of the lot, the depth of
which extends from the rear lot line to the nearest point of the principal
building.
YARD, REQUIRED
The required open space on the same lot with a building or,
where provided for in this chapter, such open space in connection
with a group or complex of buildings on a lot, which open space is
unoccupied and unobstructed by any portion of a principal structure
from the ground upward, except for projections permitted.
YARD, SIDE
A yard extending between the inside lines of the front and
rear yards and extending in width from the side lot line to the nearest
point of the principal building.