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.
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) 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.