Meaning of words. Unless otherwise expressly stated,
the following words shall, for the purpose of this article, have the
meanings herein indicated:
ACCESSORY BUILDING OR STRUCTURE
Includes but is not limited to the following, which are subordinate
to the principal buildings or uses on the same lot:
(1)
In all residential zones:
(a)
Children's playhouse, picnic shelter, greenhouse
(noncommercial), garage, carport, garden house or storage building
for domestic storage.
(b)
Swimming pool, ornamental pool, tennis court,
basketball court or similar private recreational facility.
(c)
Storage of camping trailers, boats and similar
equipment, which are owned or leased for noncommercial purposes, for
the use of the residents of the premises.
(2)
In commercial and industrial zones:
(a)
Storage of merchandise and goods normally carried
in stock in conjunction with the principal use, on the same parcel
or lot of ground.
(b)
Storage of goods used in, or produced by, manufacturing
activities on the same parcel or lot of ground.
(3)
In all zones:
(a)
Off-street motor vehicle parking areas and loading
and unloading areas.
(b)
Fences and ornamental walls and landscape features.
ACCESSORY USE
A use which is subordinate and incidental to the main use
or uses on the same lot or premises. Said uses shall not include nonconforming
uses under the terms of this article.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or exit facilities or an enlargement, whether
by extending on a side, front or rear or by increasing in height,
or the moving from one location to another, or any change in use from
that of one zoning district classification to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders or foundations.
APARTMENT
A room or suite of rooms in a multifamily structure designed
for use as a single housekeeping unit and which contains a functional
kitchen, bath and toilet facilities, permanently installed.
AUTOMOTIVE REPAIR
Engine maintenance, repair or reconditioning, collision repair,
including straightening and repainting, replacement of parts and incidental
services.
BASEMENT or CELLAR
A portion of a building partly or completely below grade.
It shall be considered a building story if more than 50% of its clear
height is above the average level of the adjoining ground.
BILLBOARD
Structure, building wall or other outdoor surface used to
display lettered, pictorial, sculptured or other matter which directs
attention to any product, announcement, commodity or service offered
only elsewhere than on the premises, or as a minor and incidental
service on the premises.
BUILDING
An independent and detached structure having a roof supported
by columns or walls or resting on its own foundation; including but
not limited to mobile homes, garages, greenhouses and other accessory
buildings, and utilized for housing, shelter or enclosure of persons,
animals, chattel or activity sites.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, patios, terraces and steps.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finish grade.
BUILDING LINE
The line of that face of the building nearest the front line
of the lot. This face includes porches, whether enclosed or not, patios
and similar construction, but excludes steps.
CARPORT
A usable covered space of not less than 10 by 20 feet for
storage of private automobiles, located independently on the lot so
as to meet the requirements of this article for an accessory building
or, if attached to the main building, to meet all requirements applicable
to the main building.
CLINIC
An establishment where human patients are examined and treated
by doctors, technicians, dentists or similar professional practitioners
on an outpatient basis not involving overnight detaining.
CLUSTER DEVELOPMENT, RESIDENTIAL
The development of an area of land as a single entity, for
a variety of housing types and related uses, under specified performance
and dimensional requirements which permit specified variations to
standard zoning regulations which apply to the zoning district in
which the cluster development is permitted.
COMMERCIAL BUSINESS
Engaging in a business, enterprise, activity or other undertaking
related to or connected with trade and traffic or commerce in general.
COMMISSION, PLANNING
The legally appointed Planning Commission of the Borough
of Baden, Beaver County, Pennsylvania.
CONDITIONAL USE
A use of land to be permitted or denied by the governing
body following study and recommendations by the Planning Commission,
pursuant to express standards and criteria set forth in this article.
CONVERSION APARTMENT
A suite of rooms, consisting of at least one private bedroom,
one additional habitable room, one bathroom and separate and private
sanitary cooking facilities, designed or intended for occupancy by
one family, which is established in a portion of a building originally
used or designed for residential use as a single-family unit.
COVERAGE
That percentage of the lot area covered by the principal
and accessory structures.
DAY-CARE CENTER
A facility in which child day-care services are provided
for seven or more school age, preschool or infant children in an institutional-related
structure suitable for such functions.
[Added 6-15-1994 by Ord. No. 820]
DAY-CARE/FAMILY HOME
Any family residence other than a child's own home or the
home of a child's relative, operated for profit or not for profit,
in which child day-care is provided at any one time to four, five
or six school-age children (the date the child initially enters the
first grade of a public or private school system to 12 years of age),
preschoolers (approximately three years of age to initial school entry
at the first grade level of a public or private school system) or
to infants and toddlers (from birth to approximately three years of
age) who are not relatives of the caregiver.
[Added 6-15-1994 by Ord. No. 820]
DWELLING
A building or portion thereof providing complete housekeeping
facilities for one family.
(2)
DWELLING, DUPLEXA detached building designed for or occupied exclusively by two families living independently of each other, with separate entrances.
(3)
DWELLING, MULTI- OR MULTIPLE-FAMILYA structure containing three or more separate dwelling units for families living independently of each other, but which may provide joint services and/or facilities.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions, including
buildings necessary for furnishing adequate services, for public health,
safety or general welfare.
FAMILY
One or more persons who live together in a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse or a group residential facility, as hereinafter
specifically provided for in the provisions of this article. A family
may consist of a single person or of two or more persons, whether
or not related by blood, marriage or adoption.
[Amended 6-15-1994 by Ord. No. 820]
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior faces of exterior walls
or from the center line of common walls separating buildings. For
determining parking and loading space requirements under this article,
the following areas shall not be included: cellar storage areas, elevator
shafts and stairwells, floor area for mechanical equipment required
to service the needs of the building, open terraces, breezeways and
open porches.
GARAGE
A "private garage" is an accessory building with area for
housing motor-driven vehicles, which is the property of and for the
use of the occupants of the lot on which the garage is located. A
"public or private garage" is any garage other than a "private garage,"
as defined herein, available to clients, operated for gain and which
is used for storage, repair, rental, lubricating, washing and servicing
or equipping of motor vehicles.
GARDEN (APARTMENT) DWELLING
A multifamily residential building, not exceeding three stories
in height, in which units are arranged side to side, back to back
or one above another, which may have either private external entrances
or common hall access and which may have private exterior yard area
for each unit.
GROUP RESIDENTIAL FACILITY
A facility typically referred to as a "care home," "halfway
house," "convalescent home" or similar designation, that is situated
in and operated from a single-family detached residential structure
that provides room, board and limited supervised health, social or
rehabilitative services in a family living environment. Such facilities
and related services shall be limited to individuals who, because
of age, infirmity, convalescence, disability or related circumstances,
require specialized accommodations but who are not in need of hospitalization
or incarceration. Nothing in this definition shall be construed to
include a hospital or institutional facility, as hereinafter defined
and provided for in this article, or any other facility which provides
for persons who are unable, by reason of being in some manner impaired,
to reside and commune in a common single-family environment in an
independent manner.
[Added 6-15-1994 by Ord. No. 820]
HEIGHT
The height of a building shall be measured from the mean
level of the ground at the periphery of a building to a point midway
between the highest and lowest points of the roof. Chimneys, spires,
towers, tanks and similar projections shall not be included in calculating
the "height."
HOME GARDENING
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling.
HOME OCCUPATION
An accessory use of a service or product-oriented character
conducted within a dwelling unit by the residents thereof, which is
clearly subordinate to the use of the dwelling for living purposes
and does not change the character thereof or have exterior evidence
of such subordinate use other than a small announcement sign, and
in connection therewith, there is not involved the exterior keeping
of or exhibition of stock-in-trade. In the pursuit of such activities,
all operations shall be conducted indoors.
HOSPITAL
Includes sanitarium, clinic, rest home, nursing home, convalescent
home and any place utilized for the diagnosis, treatment or other
care of humans which provides for overnight accommodation.
HOTEL or MOTEL
A building or a group of buildings in which lodging is provided
and offered to the general public or to a select group of patrons
for compensation.
INSTITUTIONAL FACILITY
An establishment that provides room and board to persons
who are residents by virtue of receiving supervised specialized services
limited to health, social and/or rehabilitative services provided
by a governmental agency, their licensed or certified agents or any
other responsible social service corporation. Hospitals, mental health
establishments and nursing homes shall be considered "institutional
facilities." "Institutional facilities" may include day-care facilities
and housing resources for staff and associated personnel.
[Added 6-15-1994 by Ord. No. 820]
JUNK
Any discarded material or article and shall include but shall
not be limited to scrap metal, abandoned or junked motor vehicles
or vehicle parts, machinery or machinery parts, papers, glass and
related items, containers or partially dismantled structures or parts
thereof. It shall also include a partially dismantled motor vehicle
not bearing current registration plates and which is not in the process
of ongoing and immediate repair. It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
JUNKYARD
The use of more than 200 square feet of the area of any lot
for storage, keeping or abandonment of junk.
KENNEL
Any structure, pen or area set aside for the breeding, boarding,
show, grooming or keeping of dogs, cats or similar domestic animals.
For purposes of this article, the keeping of four or more such animals
shall be deemed a "commercial kennel."
LOT
The parcel of land on which a main building and any accessory
buildings are placed, together with the required open spaces.
(1)
LOT AREAThe horizontal surface area within the lines of the lot.
(2)
LOT, CORNERA lot at the junction of and having frontage on two or more intersecting streets or roads.
(3)
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
(4)
LOT, FRONT LINEIn the case of a corner lot, a line separating the narrowest frontage of the lot from the street; and in the case of an interior lot, a line separating the lot from the street or place.
(5)
LOT WIDTHThe mean horizontal distance across the lot between the side lot lines measured at right angles to the depth.
MANUFACTURING, LIGHT
The processing, handling or fabrication of materials and
products, where no processes are involved which will produce noise,
vibration, air pollution, fire hazard, noxious emission, traffic or
other factors which will disturb or endanger neighboring properties.
MINIWAREHOUSE
A building or portion thereof designed and used for storing
personal property of an individual or family separate from their residential
site. This shall not include the storage of any merchandise, stock,
furnishings or vehicles in conjunction with a business or commercial
activity.
[Added 6-15-1994 by Ord. No. 820]
MULTIPLE DWELLING
A building designed for and occupied exclusively as a residence
for two or more families living independently of each other, including
houses separate except for common adjoining walls.
NEIGHBORHOOD COMMERCIAL
A neighborhood-oriented commercial facility that provides
essential everyday needs to the residents of the immediate community
and is not dependent upon transient or nonresident trade.
NONBUSINESS USES
Service or charitable activities conducted on a voluntary
or nonprofit basis by individuals or public or service groups and
organizations.
NONCONFORMING USE
A building, structure or premises lawfully occupied at the
time of the enactment of this article by a use that does not conform
to the provisions of this article for the district in which it is
located; also such use resulting from amendments to the Zoning District
Map or in text provisions made hereafter.
PERSONAL SERVICES
The provision of services, as opposed to goods, designed
to meet an individual's and a neighborhood's everyday needs in day-to-day
life whether those needs are necessities or nonessentials, such as
but not exclusively beauty/barber shops, nail boutiques, laundromats,
dry cleaners, or financial institutions. However, this term shall
not include any service that is otherwise specifically defined in
this article.
[Added 1-19-2005 by Ord. No. 889]
PHILANTHROPIC USE
Limited to public and semipublic activities which involve
and relate exclusively to charitable, benevolent and public-oriented
service functions, such as provided by the American Red Cross, Salvation
Army, social centers sponsored by public or semipublic organizations
or similar groups.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
Development of a tract of land for primarily residential
purposes under single ownership or control, the development of which
is unique and of a substantially different character than that of
the surrounding area. Such development shall be based on a plan that
allows for flexibility of design not available under standard zoning
district requirements.
PRIVATE CLUB, LODGE
An organization catering exclusively to members and their
guests at premises for social, recreational or athletic purposes which
are not conducted primarily for gain, provided that any merchandising
or commercial activities are conducted only as required generally
for the membership of such organization.
PROFESSIONAL OFFICE
An office or business conducted by an individual or association
dealing with medicine, law, accounting, real estate, architecture,
engineering, finance or related services.
RECREATION
(1)
MUNICIPAL RECREATIONDeveloped or undeveloped open spaces and/or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.
(2)
PRIVATE RECREATIONDeveloped or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.
ROW HOUSE or TOWNHOUSE
A multifamily dwelling structure consisting of at least three
single-family dwelling units that are attached side by side by unpierced
party walls.
SCREEN (BUFFER) PLANTING
An arrangement of vegetative material of sufficient height
and density to conceal from view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
or buffer planting is located.
SERVICE (FILLING) STATION
A building, buildings, premises or portions thereof which
are used for the retail sale of gasoline or other fuel for motor vehicles
as well as minor automobile repair and servicing.
SIGNS
Any writing (including letter, word or numeral); pictorial
representation (including illustration or decoration); emblem (including
device, symbol, trademark, banner or pennant); or any other figure
of similar character, which:
(1)
Is a structure or any part thereof, or is attached
to, painted on or in any other manner represented on a building or
other structure; and
(2)
Is used to announce, direct attention to or
advertise.
SPECIAL EXCEPTION
The permission or approval expressly granted by the Zoning
Hearing Board after formal application in situations where provision
therefor is made by the terms of this article.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
STREET
A public or private way, other than an alley, which affords
the principal means of access to abutting properties. A street may
be designated as a highway, thoroughfare, parkway, boulevard, road,
avenue, lane, drive, place or other appropriate name.
STREET LINE
The line defining the edge of the legal width of a dedicated
street right-of-way.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
TRAILER COURT or MOBILE HOME COURT
Any plot of ground upon which provision is made for two or
more trailers (mobile homes) occupied for dwelling or sleeping purposes.
The terms "trailer" or "mobile home park," "camp" or similar designations
shall be interpreted to have the same meaning as the term "trailer
court" or "mobile home court."
TRAILER or MOBILE HOME
A mobile dwelling that is movable or portable by virtue of
being constructed in a manner to permit its movement on its own chassis
and designed without a permanent foundation, regardless of whether
a permanent or semipermanent foundation is actually provided, and
containing sleeping accommodations, a flush toilet, tub and/or shower
bath, kitchen facilities and plumbing and electrical connections for
attachment to outside systems.
TRAILER, CAMPING
A portable vehicular structure built on a chassis and designed
for use as a temporary dwelling for travel, recreation and vacation
uses.
USE
The purpose of the activity for which the land or building
thereon is designed, arranged or intended or for which it is occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
VARIANCE
A modification of the literal provisions of this article
which the Zoning Hearing Board is permitted to grant when strict enforcement
of said provisions would cause undue hardship owing to circumstances
unique to the individual property on which the variance is sought.
YARD
A space on the same lot with a principal structure, open,
unoccupied and unobstructed by structures, except as may be otherwise
provided in this article.
(1)
YARD, FRONTA yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements, the depth of which is the least distance between the front lot line and the building line.
(2)
YARD, REARA yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements.
(3)
YARD, SIDESA yard between the principal structure and the side lot line, extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the principal building.
ZONING HEARING BOARD
The Board assigned the duties of judging various appeals
of persons aggrieved by the interpretation of this article and further
assigned to consider the qualification of special exceptions under
the terms and conditions specified in this article.
ZONING MAP
The Zoning Map or maps which are part of this article, together
with all amendments subsequently adopted.
ZONING OFFICER
The individual authorized by the legislative body to be the
administrator of the day-to-day application of the provisions contained
in this article.
ZONING PERMIT
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter or add is approved
and in accordance with the requirements and terms of this article.