For the purpose of this chapter, certain terms
and words used herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the
future.
B.
Words used in the singular shall include the plural.
C.
The word "person" includes a corporation as well as
an individual.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The term "shall" is always mandatory.
F.
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
G.
The word "building" includes the word "structure."
H.
Unless otherwise specified, all distances shall be
measured horizontally.
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings herein
indicated:
A building subordinate to the main building and used for
purposes customarily incidental to those of the main building.
Any place to which the public is permitted or invited whereon
coin-operated, slug-operated or for any form of consideration or electronically,
electrically or mechanically controlled still or motion-picture machines,
projectors, video or laser disc players or other image-producing devices
are maintained, not located within viewing booths, to show images
to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical
areas.
[Added 9-8-1999 by Ord. No. 516]
[Added 9-8-1999 by Ord. No. 516]
A commercial establishment which, as one of its substantial
business activities, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes or
video reproductions, slides, CD ROM discs or other computer software
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
[Added 9-8-1999 by Ord. No.
516]
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities.
Films, motion pictures, video cassettes, slides
or other photographic reproductions or visual presentations of any
other kind which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
[Added 9-8-1999 by Ord. No. 516]
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
[Added 9-8-1999 by Ord. No. 516]
As applied to a building or structure, that change or rearrangement
in the structural part or in the existing facilities or in the enlargement,
whether by extending, as a side, or by increasing in height, or the
moving from one location to another.
As applied to a building or structure, that change or rearrangement
in the structural part or in the existing facilities or in the enlargement,
whether by extending, as a side, or by increasing in height, or the
moving from one location to another.
The area used or intended for services to the public as customers,
patrons, clients or tenants, including areas occupied for fixtures
and equipment used for display or sale of merchandise. Floor areas
may be excluded which are used exclusively for storage, housing of
mechanical equipment integral with the building, for maintenance facilities
or for those areas so restricted that customers, patients, clients,
salesmen and the general public are denied access.
A sign used for the general advertising of goods, places
or services offered elsewhere than on the premises upon which the
sign is located.
Any reference to the borough contained herein shall refer
specifically to Freedom Borough.
The height of the building from the average ground level,
representing the midvalue between the highest and the lowest level
of the lot, to the roof level. The roof level will measure up to the
midpoint of a roof parapet or, in the case of a slant roof, up to
the midpoint between the lowest point of the uppermost ceiling and
the ridge of the roof.
An imaginary line located at a fixed distance from the front
line of the lot and interpreted as being the nearest point that a
building may be constructed to the front lot line. The "building line"
shall limit the location of porches, patios and similar construction,
steps excepted, to the face of this line.[1]
A unique concept of residential development employing a more
compact arrangement of dwelling units situated on land that has not
been subdivided in the usual manner with structures situated on individual
lots. The housing units, which may be either single-family detached
dwellings, townhouses or garden apartments, are usually grouped around
a common open space or green area which constitutes a major characteristic
of "cluster development."
Engaging in a business, enterprise, activity or other undertaking
for a profit.
The legally appointed Planning Commission of the Borough
of Freedom.
The comprehensive, long-range plan for the desirable use
of land in Freedom Borough; the purpose of such plan being, among
other things, to serve as a guide for the zoning and progressive rezoning
of land to meet changing community needs, in the subdividing and use
of undeveloped land and in the acquisition of land for such public
purposes as streets, parks, schools and other public buildings.
The remodeling of a single-family dwelling unit into two
or more separate living units, each having a minimum of 500 square
feet of habitable area, exclusive of basement and/or cellar dwellings,
one bathroom and three habitable rooms, separate and private sanitary,
cooking and dining facilities and a minimum of two off-street parking
spaces per living unit.
Any reference to the county contained herein shall refer
specifically to Beaver County.
A dwelling designed for or occupied exclusively as a residence
for two or more families with separate housekeeping and cooking facilities
for each family. It shall not include hotels, motels or other transient
uses but may include sectional or modular structures.
A single detached structure intended for resort purposes
and occupied on a seasonal or short-term basis.
A building designed for or occupied exclusively as a permanent,
immobile residence for one family only. It shall not include mobile
homes or trailers but may include sectional or modular structures.
The date on which this chapter is duly adopted by the borough
or as specified in an ordinance adopting the same.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. Employee
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises or for the
delivery of goods to the premises.
[Added 9-8-1999 by Ord. No. 516]
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the "erection."
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
[Added 9-8-1999 by Ord. No. 516]
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
[Added 9-8-1999 by Ord. No. 516]
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions of facilities,
including buildings necessary for the furnishing of adequate services
for the public health, safety or general welfare.
[Added 9-8-1999 by Ord. No.
516] -- Includes any of the following:
The opening or commencement of any sexually
oriented business as a new business.
The conversion of an existing business, whether
or not a sexually oriented business, or any sexually oriented business.
The addition of any sexually oriented business
to any other existing sexually oriented business or to a nonsexually
oriented business.
The relocation of any sexually oriented business.
The permission or approval by the Zoning Hearing Board to
locate a use under specific provisions and terms of this chapter,
and where such a use will not prove injurious to the public interest.
Any number of individuals living and cooking together as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse.
Where two or more residential buildings are constructed on
a plot of ground not subdivided into the customary lots and streets.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof which is clearly incidental
and secondary to the use of the dwelling purposes and does not change
the character thereof. The conducting of a clinic, hospital or any
similar use shall not be deemed to be a "home occupation."
[Amended 4-13-1994 by Ord. No. 492]
A building or a group of buildings having units containing
sleeping accommodations which are available for a temporary, rental
occupancy by transients routinely for periods shorter than seven consecutive
days.
[Added 4-13-1994 by Ord. No. 492]
A sign which is illuminated by electrical, mechanical or
other means as well as those using luminous paint or reflectorized
glass to reflect light.
The use of 200 square feet or more of the area of any lot,
whether inside or outside a building, for storage, keeping or abandonment
of junk, including scrap metals, or for the dismantling, demolition
or abandonment of automobiles or other vehicles, machinery or parts
thereof.
[Added 9-8-1999 by Ord. No. 516]
Having general knowledge of or reason to know or a belief
or ground for belief which warrants further inspection or inquiry,
or both, of:
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or person.
The age of the minor; provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the licensee or person made a reasonable bona fide attempt to ascertain
the true age of such minor.
The Council of Freedom Borough.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and, in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
[Added 9-8-1999 by Ord. No. 516]
The area required to accommodate one truck in a space 12
feet wide, 15 feet high and 45 feet long, exclusive of access and
turning area.
The parcel of land on which any main building and any accessory
buildings are placed, together with the required open space.
The horizontal area within the lot lines.
The mean horizontal distance between the front and rear lot
lines.
The mean horizontal distance across the lot between the side
lot lines measured at right angles to the depth.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.[2]
[Amended 4-13-1994 by Ord. No. 492]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
[Added 4-13-1994 by Ord. No. 492]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment to this chapter heretofore or hereafter enacted,
where such structure lawfully existed prior to the enactment of such
chapter or amendment or prior to the application of such chapter or
amendment to its location by reason of annexation. Such nonconforming
structures include but are not limited to nonconforming signs.
[Added 4-13-1994 by Ord. No. 492]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a Zoning Ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
[Amended 4-13-1994 by Ord. No. 492]
Any place where a person who appears seminude, in a state
of nudity or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studio shall not include a proprietary school
licensed by the Commonwealth of Pennsylvania or a college, junior
college or university which maintains and operates educational programs
in which credits are transferable to a college, junior college or
university supported entirely or partly by taxation; or in a structure:
[Added 9-8-1999 by Ord. No. 516]
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or seminude
person is available for viewing.
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class.
Where no more than one nude or seminude model
is on the premises at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple or the showing of the covered
male genitals in a discernibly turgid state.
Any dwelling with sleeping rooms where persons are housed
or ledged and furnished with meals and nursing care for hire, or a
home operated by a nonprofit group and operated as an institution.
A statement signed by the Zoning Officer setting forth either
that a building or structure complies with this chapter or that a
building, structure or parcel of land may lawfully be employed for
specified uses, or both.
The area required for parking one automobile 10 by 20 feet
excluding access or turning area.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
[Added 9-8-1999 by Ord. No. 516]
A domesticated animal that is normally or can generally be
kept within the immediate living quarters of a residential structure.
Any member of the swine, sheep, poultry, bovine or equidae family
of quadrupeds, or reptiles having a venomous or constrictor nature,
does not constitute a "household pet" under any provision of this
chapter.
The major or dominant use or activity occurring on an individual
lot.
An accessory building for the storage of motor vehicles or
boats owned and used by the owner or tenant of the lot for a purpose
accessory to the use of the lot and for not more than one additional
motor vehicle owned and used by others.
Any office or business conducted by an individual or association
who or that must be licensed under the laws of the Commonwealth of
Pennsylvania.
A building or structure where motor vehicles can be temporarily
stored or parked for the payment of a small fee.
A building other than a hotel where lodging is offered by
prearrangement for a definite period, for compensation, of three or
more persons, not open to transient guests, in contradiction to hotels,
motels or tourist homes open to transients.
The state of dress in which the clothing partially or nonopaquely
covers specified anatomical areas.
[Added 9-8-1999 by Ord. No. 516]
An area of land, including structures, used for the sale
of gasoline or other motor vehicle fuel and oil and other lubricating
substances and the sale of motor vehicle accessories which may include
associated facilities for automobile servicing excluding painting.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration
[Added 9-8-1999 by Ord. No. 516]:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
[Added 9-8-1999 by Ord. No. 516]
A structure that is arranged, intended, designed or used
as an advertisement, announcement or direction, or a sign posted,
painted or placed in some fashion on a building, structure or any
surface for such a purpose.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following offenses:
[Added 9-8-1999 by Ord. No. 516]
Prostitution or promotion of prostitution; dissemination
of obscenity; sale, distribution or display of harmful material to
a minor; sexual performance by a child; possession or distribution
of child pornography; public lewdness; indecent exposure; indecency
with a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries;
For which:
Fewer than two years have elapsed since the
date of conviction or the date of release from confinement imposed
for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
Fewer than five years have elapsed since the
date of conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is of a
felony offense; or
Fewer than five years have elapsed since the
date of the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed
shall have no affect on the disqualification of the applicant or an
applicant or a person residing with the applicant.
Any of the following
[Added 9-8-1999 by Ord. No. 516]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Amended 4-13-1994 by Ord. No. 492]
A unique residential structure containing four or more attached
dwelling units. Each dwelling unit has a recorded lot in addition
to a vested interest in the common open space. The structure may be
one or two stories in height.
Refer to the "mobile home" definition.
The various pieces of equipment shall be defined as follows:
A "travel trailer" is a vehicular, portable
structure mounted on a chassis and designed for temporary (short-term)
occupancy for travel, recreation and vacation purposes; permanently
identified as a travel trailer by the manufacturer of the trailer;
and, when factory equipped for the road, having a body width not exceeding
eight feet and being any length, provided that its gross weight does
not exceed 4,500 pounds or any weight, provided that its body length
does not exceed 29 feet.
A "pickup coach" is a portable structure designed
for use as a temporary dwelling for travel, recreation and camping
uses when mounted on a truck chassis. The unique feature of this structure
is the ease with which it can be mounted or dismounted from the truck
chassis.
A "motorized home" is a portable dwelling designed
and constructed as an integral part of a self-propelled vehicle which
is usually used for camping or vacation purposes.
A "boat trailer" is a trailer designed to haul
a boat.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
Within the framework of this chapter, utilities shall include
public water or public sanitary sewer facilities only.
The legal permission by the Zoning Hearing Board to use a
parcel of property for a permitted use in the particular zone, but
to do so with some modification in the development standards for that
zone. A "variance" applies only to that particular piece of property
for which it is granted and only to the modification of the land development
standards. It does not apply to the modification of the permitted
uses within the zone.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing films, movies, videos
or visual reproductions of any kind depicting or describing specified
sexual activities or specified anatomical areas, or persons who appear
in a state of nudity or seminudity or who offer performances or presentations
characterized by the exposure of specified anatomical areas or by
specified sexual activities.
[Added 9-8-1999 by Ord. No. 516]
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences
and walls may be permitted in any yard subject to height limitations
as indicated herein.
The open space extending across the entire width of the lot
between the front line of the building and the street line.
The required open space extending from the rear of the main
building along the rear lot line (not necessarily a street line) throughout
the entire width of the lot.
The required open space extending from the side of any building
along the side lot line through the entire depth of the building.
A legal and administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings and the area of ground built upon.
The Board assigned the duties of judging various appeals
of persons aggrieved by the interpretation of the terms of this chapter.
An individual authorized by Borough Council to be the administrator
of the day-to-day application of the provisions contained in this
chapter.
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 of the terms of this chapter.
