For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.Â
Words in the present tense shall include the future
tense.
B.Â
"Used" or "occupied" as applied to any land or building
include the words "intended, arranged, or designed to be used or occupied."
C.Â
"Should" means that it is strongly encouraged but
is not mandatory. "Shall" is always mandatory.
D.Â
"Sale" shall also include rental.
E.Â
Unless stated otherwise, the singular shall also regulate
the plural, and the masculine shall include the feminine, and vice-versa.
F.Â
If a word or term is not defined by this chapter, but is defined in the Subdivision and Land Development Ordinance (SALDO), Chapter 220, then the definition in the SALDO shall also apply to this Zoning Ordinance. If a word or term is not defined in this chapter or the SALDO, then the word or term shall have its plain and ordinary meaning within the context of the section. In such case, in case of a dispute, a standard reference dictionary shall be consulted.
G.Â
The words "such as," "includes," "including" and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.Â
The word "person" includes a firm, company, corporation,
partnership, trust, organization or association, as well as an individual.
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street, public alley open
to traffic, or a perennial waterway. See definition of "adjacent."
One dwelling unit that is created within part of a principal
dwelling or above a vehicle garage on a residential lot.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, films, magazines, video
tapes, coin- or token-operated films or video tapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized
by a clear emphasis on matter depicting, displaying, describing or
relating to uncovered male or female genitals or specified sexual
activities. This shall include but not be limited to materials that
would be illegal to sell to persons under age 18 under state law.
If such items are within a separate room, then the 10% standard shall
apply to the floor area of such room.
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual specified sexual activities to three or more
persons and which is related to monetary compensation paid to the
person or entity operating the use or to persons involved in such
activity.
A use involving the on-site presentation to three or more
persons at one time of moving images distinguished by an emphasis
on depiction of specified sexual activities and that is related to
monetary compensation paid by the persons viewing such matter.
This term shall mean adult bookstore, adult movie theater,
adult live entertainment facility/use or massage parlor. These terms
shall be distinct types of uses, and shall not be allowed as part
of any other use.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
A use involving 15 or more token- or coin-operated entertainment
machines, and where the machines are the principal use of the property.
This term shall not include an adult use.
A place used for the burial of the remains of five or more
noncremated animals, other than customary burial of farm animals as
accessory to a livestock use.
An exterior device or apparatus designed for cellular, digital,
telephone, radio, pager, commercial mobile radio, television, microwave
or any other wireless communications through sending and/or receiving
of electromagnetic waves, including, without limitation, omnidirectional
or whip antennas and directional or panel antennas. Unless otherwise
stated, this term shall not include standard antenna.
The vertical distance from the base of the antenna support
structure at grade to the highest point of the structure, including
any antennas attached thereto or forming a part thereof. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on-site,
or for transmitting short-wave or citizens' band radio signals. See
also "commercial communications antenna."
See "dwelling types."
The definition in the State Municipalities Planning Code,
as amended, shall apply.
Coordinated and centrally managed rental housing, including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted-living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 255-38.
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in § 255-38.
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in § 255-38.
An enclosed level of a building that is not a story and that
is partly underground.
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 255-38 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 255-38.
A place used for lawful gambling activities, including but
not limited to off-track pari-mutual betting and any use of electronic
gambling devices. This term shall not regulate state lottery sales
or lawful small games of chance.
A type of off-premises sign. See Article VII.
A residential use in which: room(s) that do not meet the
definition of a lawful dwelling unit are rented for habitation; or
a dwelling unit includes greater than the permitted maximum number
of unrelated persons. A boarding house shall not include a use that
meets the definition of a hotel, dormitory, motel, life care center,
personal care center, bed-and-breakfast inn, group home or nursing
home. A college fraternity or sorority house used as a residence shall
be considered a type of boarding house. A boarding house may either
involve or not involve the providing of meals to residents, but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boarding house shall primarily
serve persons residing on-site for five or more consecutive days.
Bonneauville Borough, Adams County, Pennsylvania.
A strip of land that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A bufferyard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a bufferyard requirement. See § 255-66.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
The percentage obtained by dividing the total horizontal
area covered by all buildings on a lot by the total lot area of a
lot. For the purposes of this definition, "building coverage" shall
include all buildings that are under a roof.
The vertical distance from the average of the finished ground
level adjoining a building at all exterior walls to the average height
of the highest roof surface. The finished ground level shall not slope
away from a building wall in such a manner that it is not possible
to position a ladder for fire rescue.
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
An area that includes facilities and structures for primarily
outdoor recreational activities by organized groups, and/or that involves
overnight stays within seasonal cabins or temporary tents by organized
groups and/or transient visitors to the area. This term shall only
include facilities that are primarily used during warmer months, and
which have a maximum impervious coverage of 5%. This term shall not
include a recreational vehicle campground.
A development under single ownership of the land with sites
being rented, leased or sold through time-share for use for tents
or recreational vehicle sites for transient visitors to the area,
and which may include associated recreational facilities.
A type of campground that involves persons temporarily living
within recreational vehicles.
A place used for the burial of two or more noncremated humans.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale during November and December of trees that were produced on the
premises.
See "place of worship."
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.
A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to retransmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antennas. See standards in § 255-38. This term shall not include a standard antenna.
LATTICE TOWERA commercial communications tower that is guyed or self-supporting with an open steel-frame structure.
MONOPOLE TOWERA commercial communications tower that involves a single shaft as its structural support.
The V and C Zoning Districts.
This term includes but is not limited to: retail sales, offices,
personal services, auto sales, auto repair garages and other uses
of a similar profit-making nonindustrial nature. The sale of goods
or services from a vehicle on a lot shall also be considered to be
a commercial use.
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a treatment center.
The Bonneauville Borough - Mount Pleasant Township Comprehensive
Plan, as may be amended.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned
Community Act of 1996, as amended.[1]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property-owners, lessees and all other users of the land.
Adjacent parcels of land, including parcels separated by
a stream or road.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
The raising of products of the soil and accessory storage
of these products. This term shall include orchards, tree farms, wineries,
plant nurseries, raising of fish, greenhouses and keeping of animals
in numbers that are routinely accessory and incidental to a principal
crop farming use. See also "livestock, raising of."
A process provided in the State Municipalities Planning Code
that authorizes certain types of challenges to a zoning ordinance.
A use providing supervised care and assistance to persons
who need such daily assistance because of their old age or disabilities.
This use shall not include persons who need oversight because of behavior
that is criminal, violent or related to substance abuse. This use
may involve occasional overnight stays, but shall not primarily be
a residential use. The use shall involve typical stays of less than
a total of 60 hours per week per person.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or Head Start programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted
without regulation by this chapter: care of children by their own
relatives; care of children within a place of worship during regularly
scheduled religious services; and care of one to three children within
any dwelling unit, in addition to children who are relatives of the
care giver.
FAMILY DAY-CARE HOME (OR "CHILD DAY CARE AS AN ACCESSORY USE")A type of day care use that: is accessory to and occurs within a dwelling unit; and provides care for four to six children at one time who are not relatives of the primary care giver. See § 255-39.
GROUP DAY-CARE HOMEA type of day care use that: provides care for between seven and 12 children at one time who are not relatives of the primary care giver; provides care within a dwelling unit; and is registered with the applicable state agency. (NOTE: As of the adoption date of this chapter, such agency was the PA Department of Human Services.)
CHILD DAY-CARE CENTERA type of day care use that: provides care for seven or more children at any one time who are not relatives of the primary care giver; does not occur within a dwelling unit; does not meet the definition of a group day-care home; and is registered with the applicable state agency. (NOTE: As of the adoption date of this chapter, such agency was the PA Department of Human Services.) See § 255-38.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A building used as living quarters for the exclusive use
of bona-fide full-time faculty or students of an accredited college
or university or primary or secondary school, and which is owned by
and on the same lot as such college, university or school.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A building used as nontransient living quarters, but not
including a boarding house, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a sectional home.
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of § 255-64.
DUPLEXA building that includes two apartment dwellings and which is not a twin dwelling.
APARTMENTS or MULTIFAMILY DWELLINGSTwo or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership. If a building only includes two apartments, it shall be considered to be a duplex.
SECTIONAL OR "MODULAR" HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; is designed for permanent occupancy; which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home," which is defined above. See standards in § 255-38.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 255-38.
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A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have: its own
toilet, bath or shower, sink, sleeping and cooking facilities; and
separate access to the outside or to a common hallway or balcony that
connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or two
separate and distinct sets of kitchen facilities.
A building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on-call. See also provisions for this use in § 255-38.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
Essential services shall include the following and closely similar
facilities: sanitary sewage lines, water lines, electric distribution
lines, stormwater management facilities, cable television lines, natural
gas distribution lines, fire hydrants, streetlights and traffic signals.
Essential services shall not include a central sewage treatment plant,
a solid waste disposal area or facility, commercial communications
towers, a power-generating station, septic or sludge disposal, offices,
storage of trucks or equipment or bulk storage of materials.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also expressly include numbers of unrelated persons provided by the group home provision of § 255-38 residing within a licensed group home, as defined herein. Through those provisions and § 255-17D(5), the Borough's intent is to comply with the Federal Fair Housing Act, as amended.
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a wall. See § 255-39.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
See definitions of this term and related terms in the Borough
Floodplain Regulations.[2]
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: fully enclosed porches; and basement or cellar or attic
space that is potentially habitable and has a minimum head clearance
of at least 6.5 feet. Floor area shall not include unenclosed structures.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, and which does not involve any land development. See "timber harvesting" in this section and § 255-38.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 255-39.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 255-46.
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Bonneauville Borough or an authority created solely by Bonneauville Borough. This term shall not include uses listed separately in the table of uses in Article III, such as publicly owned recreation. This term shall not include a prison.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the persons served
due to age, emotional, mental, developmental or physical disability.
This definition shall expressly include facilities for the supervised
care of persons with disabilities subject to protection under the
Federal Fair Housing Act, as amended.* Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use. A group home typically involves an individual
residing on the premises for more than 30 days at a time.
Group homes shall be subject to the same limitations
and regulations by the Borough as the type of dwelling unit they occupy.
It is the express intent of the Borough to comply
with all provisions of the Federal Fair Housing Act, as amended, and
regulations promulgated thereunder, in the construction of this term.
A group home shall not include a treatment center.
See standards in § 255-38.
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* NOTE: The Federal Fair Housing Act Amendments
defined "handicap" as follows: "1) a physical or mental impairment
which substantially limits one or more of such person's major life
activities; 2) a record of having such an impairment; or 3) being
regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as
defined in Section 802 of Title 21." This definition was subsequently
adjusted by Section 512 of the Americans With Disabilities Act to
address certain situations related to substance abuse treatment.
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A product or waste, or combination of substances that because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into ground water resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to materials which are included on the latest edition
of one or more of the following lists:
HAZARDOUS SUBSTANCESAs defined pursuant to Section 311 of the Federal Clean Water Act, or its successor provisions.
HAZARDOUS SUBSTANCESAs defined pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act, or its successor provisions.
Hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 Code of Federal Regulations Part 355, or its successor
provisions and that are stored or used in quantities above the threshold
reportable limits in such regulations.
See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article VII, Signs.
An area used for the takeoff and landing of helicopters,
and related support facilities. A private heliport shall be limited
to 15 total takeoffs and landings in any seven-day period, and which
is not open to the general public. A public heliport is one that does
not meet the definition of a private heliport.
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 255-39. A "light home occupation" shall be a home occupation that meets the additional requirements for a light home occupation, as stated in § 255-39. The term "light home occupation" includes but is not limited to the term "no-impact home based business," as defined in the State Municipalities Planning Code. A "general home occupation" shall be a home occupation that does not meet the requirements for a light home occupation. [NOTE: In most cases, under § 255-32, a light home occupation is permitted by right, while a general home occupation typically needs special exception approval from the Zoning Hearing Board.]
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an "office." A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professionals.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 90 days shall be considered a "boarding house" and shall meet
the requirements of that use. See also "bed-and-breakfast" use. A
hotel or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, amusement arcade, gift shop, swim club, exercise facilities,
tavern and similar customary accessory amenities, and provided any
such use shall only be allowed as a principal use of the property
if such use is allowed by the applicable district regulations.
The percentage that results from dividing the land area on
a lot covered by all impervious surfaces by the total land area of
the lot. "Impervious surfaces" shall be defined as areas covered by
buildings, paving or concrete, or other man-made surfaces that have
a runoff coefficient of 0.85 or greater. Areas of stone regularly
used for vehicle parking and movement shall be considered impervious
for the purposes of restricting impervious coverage under the Zoning
Ordinance.
For a townhouse development, the maximum impervious
coverage may be measured as a maximum for the entire development after
completion, after the deletion of street rights-of-way (or cartway
where a street right-of-way does not exist), as opposed to regulating
each individual townhouse lot.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles stored outside of a completely enclosed building
and which covers over 200 square feet of land area. Examples of junk
include: scrap metal, used furniture, used appliances, used motor
vehicle parts, worn-out machinery and equipment, used containers and
scrap building materials. Junk shall not include: solid waste temporarily
stored in an appropriate container that is routinely awaiting imminent
collection and proper disposal; toxic substances; yard waste or tree
trunks; items clearly awaiting imminent recycling at an appropriate
location; building materials awaiting imminent use at an ongoing building;
or "clean fill" as defined by state environmental regulations.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards
to a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs;
Cannot be towed, in regards to a trailer designed
to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body
or chassis; and/or
Includes only the axle, engine, body parts and/or
chassis, separated from the remainder of the vehicle.
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See also the definition of "unregistered vehicle."
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Land or a structure used for the collection,
storage, dismantling, processing and/or sale, other than within a
completely enclosed building, of material of one or more of the following
types:
"Junk" (see definition above) covering more
than 1% of the lot area.
Two or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage or auto service station within the requirements of § 255-38.
One or more mobile/manufactured homes that are
not in a habitable condition.
Junk stored within a completely enclosed building
for business purposes shall be considered a warehouse.
A junkyard specifically shall include but not
be limited to a metal scrap yard or auto salvage yard.
The keeping of a greater number of dogs and/or cats than
are permitted under the keeping of pets provisions of this chapter,[3] and which may also include temporary keeping of other
household pets. In addition, in any case, if more than 10 dogs age
six months or older are kept, it shall be considered a kennel.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner) or authorized officers of a partnership
or corporation that is a landowner.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under the keeping of pets section of § 255-39[4] and beyond what is customarily incidental to a principal
crop farming use. Raising of livestock or poultry shall not include
a slaughterhouse nor a stockyard used for the housing of animals awaiting
slaughter.
This term shall mean a raising of livestock
or poultry use involving an average of two or more animal equivalent
units (see definition below) of live weight per acre of livestock
or poultry, on an annualized basis.
An Animal Equivalent Unit (AEU) is 1,000 pounds
live weight of livestock or poultry animals, regardless of the actual
number of individual animals comprising the unit. This weight is calculated
on an annualized basis. These units shall be calculated as provided
under the State Nutrient Management Act and accompanying regulations.
Note that the provisions of this Zoning Ordinance are based upon acreage
of a lot, and not acreage that is available for disposal of wastes.
(NOTE: Two animal equivalent units per acre would be roughly equal
to 1.7 dairy cattle, 6.7 swine, 10 sheep, 500 poultry or 400 rabbits
per acre.)
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
Areas within the existing legal rights-of-way
of: any proposed or existing public streets or alleys; or any proposed
or existing commonly maintained private streets that serve more than
one lot. [NOTE: Other sections of this chapter, such as townhouse
development,[5] may specifically permit proposed streets to be included
in determining density for a specific use.]
Areas that are currently or will be required to be dedicated as common or preserved open space on a separate lot. [NOTE: Other sections of this chapter, such as for townhouses in § 255-32, may specifically permit proposed common open spaces or detention basins to be included in determining density for a specific use.]
Features required to be excluded from "lot area" under Article III of this chapter.
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Terms For Lot Requirements
For Illustrative Purposes Only
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The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
Front lot line (street line). A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, see § 255-66B.
Rear lot line. Any lot line which is parallel
to or within 45° of being parallel to a front street right-of-way
line. In the case of a lot having no street frontage, or a lot of
an odd shape, or a flag lot, only the one lot line furthest from any
street shall be considered a rear lot line. Every lot shall have a
rear yard.
Side lot line. Any lot line other than a front
or rear lot line.
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The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall. Where a pie-shaped
lot fronts upon a cul-de-sac, the minimum lot width may be reduced
to 75% of the width that would otherwise be required.
A type of adult use that is an establishment that meets all
of the following criteria:
Massages are conducted involving one person
using their hands and/or a mechanical device on another person below
the waist, in return for monetary compensation, and which does not
involve persons who are related to each other.
The use does not involve a person licensed or
certified by the state as a health care professional or a massage
therapist certified by a recognized professional organization that
requires a minimum of 80 hours of professional training. Massage therapy
by a certified professional shall be considered personal service.
The massages are not conducted within a licensed
hospital or nursing home or an office of a medical doctor or chiropractor
or as an incidental accessory use to a permitted exercise club or
high school or college athletic program.
The massages are conducted within private or
semiprivate rooms.
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
This use shall not include a target range for
outdoor shooting of firearms, boarding house, tavern, restaurant or
retail sales unless that particular use is permitted in that district
and the requirements of that use are met.
See § 255-38. See also "after-hours club" and "hunting and fishing clubs," which are distinct uses.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
Mineral extraction includes but is not limited to the extraction of
sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
See under "dwelling types."
A lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a mobile home park. See § 255-38.
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate carry persons or cargo on roads and that is powered by mechanized
means.
The Pennsylvania Municipalities Planning Code, as reenacted
and amended.
An establishment that offers amplified live music performances
extending beyond 12:00 midnight, sells alcoholic beverages primarily
for on-site consumption, is open to patrons after 12:00 midnight,
and has a building capacity of over 200 persons.
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter, or amendments hereinafter enacted.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 255-68.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 255-68.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 255-38.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public;
Is covered by a system that ensures perpetual
maintenance, if not intended to be publicly owned;
Will be deeded to the Borough and/or preserved
by a deed restriction or conservation easement to permanently prevent
uses of land other than preserved open space and noncommercial recreation
or a golf course open to the public; and
Does not use any of the following areas to meet
minimum preserved open space requirements:
Existing street rights-of-way,
Vehicle streets or driveways providing access
to other lots;
Land beneath building(s) or land within 20 feet
of a building (other than accessory buildings and pools clearly intended
for noncommercial recreation and other than agricultural buildings
and a farmstead which are permitted within land approved by the Borough
for agricultural preservation);
Off-street parking (other than that clearly
intended for noncommercial recreation);
Area(s) needed to meet a requirement for an
individual lot;
For land intended to be open to the public,
that does not have provisions for entry with a fifteen-foot minimum
width by pedestrians from a street open to the public or from adjacent
preserved open space that has access to such a street;
Land that includes a stormwater detention basin,
except for a basin or portions of a basin that the applicant proves
to the satisfaction of the Board of Supervisors would: be reasonably
safe and useful for active or passive recreation during the vast majority
of weather conditions; or serve as a scenic asset resembling a natural
pond;
Portions of land that have a width of less than
50 feet;
Areas that are under water during normal weather
conditions;
Fifty percent of areas that are under electric
transmission lines that are designed for a capacity of 35 kilovolts
or greater.
The Bonneauville Borough Zoning Ordinance, including the
Official Zoning Map, as amended.[6]
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of the Zoning Ordinance. A nonconforming use shall not be considered
to be a permitted-by-right use, a special exception use or a conditional
use.
Assisted-living facility.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any adult uses, as herein defined.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 255-39D(10).
An area of open space and pavilions that is not publicly
owned and is used for group picnics and related outdoor recreation,
and which is used on a commercial basis.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship for more than 10 persons at a time and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 255-38.
[7]The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest.
Notice required by the PA Municipalities Planning Code. (See
definition in Section 107 of such law.[8])
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public. Publicly owned recreation
is a distinct use from indoor recreation or outdoor recreation.
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests.
INDOOR RECREATIONA type of recreation use that: does not meet the definition of "outdoor recreation"; and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 255-32.
OUTDOOR RECREATIONA type of recreation use that: has a total building coverage of less than 25%; and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 255-32, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted in a
household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
The SFR, MDR and HDR Zoning Districts.
The lot line of a lot that: contains an existing primarily
residential use on a lot of less than 10 acres; or is undeveloped
and zoned as a residential district.
An establishment that sells ready-to-consume
food or drink and that routinely involves the consumption of at least
a portion of such food on the premises.
A restaurant may include the accessory sale
of alcoholic beverages. However, if such sale is a primary or substantial
portion of the total trade, the requirements of a tavern or nightclub,
as applicable, must be met.
See "drive-through service" in this section.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently own or hold another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
See "boarding house."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
"trade schools."
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 255-66D.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
A line separating a yard from the area within which a building
or use is allowed.
Sanitary sewage service to a building by a Borough-approved
sewage collection and disposal system that serves five or more lots,
and which includes an appropriate mechanism to ensure long-term professional
operation and maintenance of the system.
Sanitary sewage service to a building that does not meet
the definition of "central sewage service," such as but not limited
to an individual on-lot septic system.
Central sanitary sewage service by a system owned and/or
operated by a municipality or a municipal authority.
An area required to be kept free of certain visual obstructions to traffic. See § 255-66.
The definition in Article VII shall apply.
The definition in Article VII shall apply.
The definition in Article VII shall apply.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
This term shall include one or more of the following activities:
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for off-site use.
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 255-22.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as follows: If the
floor of a basement level is more than six feet below the finished
grade level for more than 50% of the total building perimeter, it
shall not be regulated as a story. Any level of a building having
an average vertical clearance from floor to ceiling of less than 6.5
feet shall be considered a "half-story."
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably.
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
For the purposes of this chapter, utility poles, stormwater basins,
wells, paving and septic systems shall not be considered structures,
and shall not be subject to minimum zoning setback requirements unless
stated otherwise.
The definition in the Subdivision and Land Development Ordinance[9] shall apply.
The Bonneauville Borough Subdivision and Land Development
Ordinance, as amended.[10]
A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 255-39.
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a "household" swimming pool.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of an "after-hours club" or a "nightclub." The sale
of food may also occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products.
The storage of more than 20 used tires on a lot, except that a tire retail store may include the temporary storage of up to 100 used tires awaiting disposal on a lot without being regulated by this term. See "outdoor storage" in § 255-39D(9).
See "dwelling types."
A facility that: is primarily intended for education of a
work-related skill or craft or a hobby; and does not primarily provide
state-required education to persons under age 16. Examples include
a dancing school, martial arts school, cosmetology school or ceramics
school.
A person involved with building trades, such as but not limited
to: plumbing, electrical work, building construction, building remodeling,
and roofing.
A dwelling unit that: is especially created for and limited to occupancy by a close relative of the permanent residents of the principal dwelling unit; is necessary to provide needed care and supervision to such relative; and meets the requirements for such use in § 255-39.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of the Zoning Ordinance. Any variance shall only be granted within the limitations of the PA Municipalities Planning Code. See § 255-17.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Water supply service to a building by a Borough-approved
water supply system that serves 20 or more lots, and which includes
an appropriate mechanism to ensure long-term professional operation
and maintenance of the system.
Water supply service to a building that does not meet the
definition of "central water service," such as but not limited to
an individual on-lot well.
Central water service by a system owned and/or operated by
a municipality or a municipal authority.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
An open area unobstructed from the ground to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting lot line, existing street right-of-way or setback required from a street under § 255-66, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.
A yard measured a distance measured from and running parallel to the front lot line, street right-of-way line or setback required by § 255-66, whichever is most restrictive. Such yard shall extend the full width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces
towards a public street, whenever one public street abuts the lot.
If a lot abuts two streets, the front yard shall be whichever side
is the predominant front yard for neighboring properties. If no side
is predominant, then the applicant may choose which is the front yard.
See § 255-66 concerning yards along corner lots.
A yard extending the full width of the lot and which is measured
from along the rear line and which establishes the minimum setback
for the subject structure, and which stretches between the side lot
lines parallel to the rear lot line.
A "yard" which establishes the minimum setback for the closest
portion of the subject structure, and which is measured from along
the entire length of the side lot line, and which extends from the
front setback line to the rear lot line.
The Official Zoning Map of Bonneauville Borough, Adams County,
Pennsylvania.
The person charged with the duty of enforcing the provisions
of the Zoning Ordinance, and any officially designated assistant.
The Bonneauville Borough Zoning Ordinance, as amended.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq. and 68 Pa.C.S.A. § 5101 et seq., respectively.
[3]
Editor's Note: See § 255-39D(10).
[4]
Editor's Note: See § 255-39D(10).
[5]
Editor's Note: See § 288-38A(45).
[6]
Editor's Note: Throughout this chapter, references
to "this ordinance" have been changed to "this chapter" per standard
codification procedures.
[8]
Editor's Note: See 53 P.S. § 10107.
