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Borough of Chester Heights, PA
Delaware County
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Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The singular shall include the plural and the plural shall include the singular. The past tense shall include the future tense. The word "shall" is always mandatory. The word "building" shall include the word "structure."
ACCESSORY BUILDING
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
ASSISTED LIVING RESIDENCE
A facility licensed as an assisted living residence by the Commonwealth of Pennsylvania pursuant to Chapter 2800 of the Pennsylvania Code, i.e., a premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency, medication prescribed for self-administration and such other services as are authorized by Chapter 2800. A dwelling unit within an assisted living facility is sometimes referred to as an assisted living unit.
[Added 10-6-2014 by Ord. No. 198]
BILLBOARD
A structure erected, operated and maintained as the principal commercial use on a lot for the purpose of advertising a product, activity, business, or other subject matter not located, conducted, sold or offered upon the premises where such sign is located or which calls public attention to a candidate, cause, public issue, or other such subject matter.
[Added 2-1-2010 by Ord. No. 185]
BUFFER PLANTING STRIP
A strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this chapter, which is landscaped for the full width and on which is placed a screen of sufficient density not to be seen through and which is of sufficient height to constitute an effective screen and give immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense evergreens or a compact evergreen hedge or, where otherwise specifically designated in the chapter, an appropriate wall, fence, suitable planting or combination thereof. All planting and maintenance shall comply with the provisions of Chapter 162, Subdivision and Land Development, of the Code of the Borough of Chester Heights.
BUILDING
Any structure affording shelter to persons, animals or property.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas, excluding steps, cornices, eaves and gutters, of all buildings on a lot.
BUILDING HEIGHT
The vertical distance from the average grade (the average of the grades taken at twenty-foot intervals around the building perimeter at a distance of 10 feet therefrom) to the top of the highest roof beams of a flat roof or to the mean level of a sloped roof, provided that chimneys and uninhabitable spires shall not be included in measuring the height. Elevator, stair and equipment penthouses, tanks, antennae and air-conditioning towers shall not be included. The height may be measured from finished grade but such measurement shall not be made from a point higher than eight feet above original grade.
BUILDING LINE
A line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front yard or setback required for the district in which the lot is located, except in the case of an interior lot not fronting on a street or highway for its full width, in which case the building line shall be a line parallel to the right-of-way at a distance from the property line nearest to the highway or street equal to the depth of the front yard required for the district in which the lot is located. If the property or lot abuts more than one street or highway the front of the lot shall, in the case of an existing building, be deemed to be that part or portion of the lot to which the main entrance of the building faces and, in the case of a building proposed to be constructed, the part or portion of that lot to which the main entrance of a building is proposed to face.
CERTIFICATE OF USE AND/OR OCCUPANCY
A statement signed by a duly authorized Borough official setting forth that a building, structure, lot, use or accessory use legally complies with this chapter and all other applicable codes and that the same is in a satisfactory condition to be used for the purpose stated therein.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission from a landowner who makes or causes to be made an application for approval of a development plan.
DWELLING
A. 
SINGLE-FAMILYA building, on a lot, designed and occupied exclusively as a residence for one family.
B. 
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families, living independently of one another.
C. 
MULTIPLE FAMILY DWELLING, TOWNHOUSE, QUADRUPLEX or APARTMENT HOUSEA building on a lot, designed and used exclusively as a residence for three or more families living independently of one another.
FAMILY
Any number of individuals related by blood, marriage or adoption, or not more than two unrelated persons living together as a single housekeeping unit.
GARAGE
A. 
PRIVATEA building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
B. 
PUBLICA building, not a private garage, used for the repair, and/or servicing and storage of motor vehicles; but not to include marshalling yard, trucking facility, facility for the storage and repair of earthmoving or construction equipment, or motor vehicle wrecking facility and graveyard.
INDEPENDENT LIVING FACILITY
A facility containing multiple residential dwelling units for persons who are age 55 years of age and older, which qualifies for the exemption to the prohibition against discrimination based on the familial status found in Section 3607(b)(1) of the United Stated Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder. The facility may include accessory uses such as common kitchen facilities and dining rooms, activity and meeting rooms, storage areas, recreation and exercise facilities, sundries store, administrative offices and a beauty/barber shop, as well as other uses customarily incidental to such a facility. A dwelling unit in an independent living facility is sometimes referred to as an "independent living unit."
[Added 10-6-2014 by Ord. No. 198]
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in the land.
LIFE CARE DEVELOPMENT
A planned residential development held in private ownership, designed, developed and maintained to serve the housing and personal care needs of persons who require the services of an assisted living residence or personal care home licensed by the Commonwealth of Pennsylvania or who are at least 55 years of age or handicapped, consisting of at least two of three of the following uses: assisted living residence, personal care home or independent living facility.
[Added 10-6-2014 by Ord. No. 198]
LOT
A parcel of land on which a principal building or, where authorized by this chapter, a unified group of buildings is or may be placed, together with the required open space. Under this chapter, the use of a lot for more than one principal building or for a unified group of buildings shall be considered a subdivision and the plan for any such use shall be subject to approval in accordance with Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights. For the purposes of these definitions, "unified group of buildings" shall include a single commercial building designed to house more than one commercial use or entity and shall also include multiple-dwelling group.
MEDICAL MARIJUANA DISPENSARY FACILITY
A person, including a natural person, corporation, partnership, association, trust or other entity or any combination thereof, who holds a valid permit from the Pennsylvania Department of Health under the Medical Marijuana Act (MMA)[1] to dispense medical marijuana. A medical marijuana dispensary facility shall meet the same municipal zoning and land use requirements as pharmacies or retail facilities that are in the same zoning district.
[Added 4-25-2022 by Ord. No. 212]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity or any combination thereof, who holds a valid permit from the Pennsylvania Department of Health under the Medical Marijuana Act (MMA) to grow and process medical marijuana. A medical marijuana grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are in the same zoning district.
[Added 4-25-2022 by Ord. No. 211]
PARKING SPACE
An outdoor or garage space used for parking motor vehicles which shall measure nine feet, six inches by 20 feet and to which there is reasonable access from a street, alley or driveway.
PERMIT (ZONING)
A statement issued and signed by the Zoning Officer authorizing either the use of a lot or the construction of a building and indicating on its face that the proposed use complies with this chapter or with a decision and order of the Zoning Hearing Board or a court of competent jurisdiction rendered in connection with an application relative to use of the premises involved. No permit shall be issued for any use or construction unless the applicant shall submit written proof that the designated authorities have granted approval of sanitary sewage and water facilities.
PERSONAL CARE HOME
A facility licensed as a personal care home by the Commonwealth of Pennsylvania pursuant to Chapter 2600 of the Pennsylvania Code, i.e., a premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. A dwelling unit within a personal care home is sometimes referred to as a "personnel care unit."
[Added 10-6-2014 by Ord. No. 198]
SIGN
Any structure, or part thereof, on which lettered or pictorial matter is displayed for advertising or notice purposes.
STABLE
A stable for housing horses for personal use of the occupants of the dwelling or for sale, hire or breeding.
STREET LINE
The edge or side limit line of the legal right-of-way of a road or street.
STRUCTURE
An assembly of material forming a construction for occupancy or use including, but not limited to, bridges, buildings, coal bins, dams, display signs, fences, open sheds, piers, pipelines, platforms, reviewing stands, shelters, stadiums, stagings, swimming pools, tennis or other courts, tents, towers, trestles, water tanks, wharves.
YARD
The required open area around the inner periphery of each lot in which no building or structure shall be erected.
A. 
FRONTThe minimum open space extending the full width of the lot from the street line on which the lot abuts exclusive of steps, overhanging eaves, gutters or cornices. In the case of a corner lot, there shall be a front yard on each street on which the lot abuts.
B. 
SIDEThe minimum open space extending the full depth of the lot from the side lot line exclusive of steps, overhanging eaves, steps, gutters or cornices.
C. 
REARThe minimum open space extending the full width of the lot from the rear lot line of the lot exclusive of overhanging eaves, gutters or cornices.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.