Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings indicated herein. Words used in the present tense include
the future. The singular shall include the plural, and the plural
shall include the singular. The word "building" includes the word
"structure." The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," or "occupied for." The word
"person" includes an individual, corporation, partnership, incorporated
association, or any other similar entity. The words "includes" or
"including" shall not limit the term to the specified examples but
are intended to extend their meaning to all other instances of like
kind and character. The words "shall" and "will" are mandatory and
not discretionary, and the word "may" is permissive. Terms not defined
herein shall have the meanings customarily assigned to them.
In this chapter, words, terms, and phrases shall
have the following meanings:
Where a building or land is abandoned for 12 consecutive months or more, whereby the owner discontinues the maintenance, use, or any activity, the building or structure shall be declared abandoned and may be required to be removed. In the case of abandonment of a nonconforming use, § 196-150 applies.
A structure detached from a principal building on the same
lot and incidental and subordinate to the principal building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
Activities, publications, movies, videotapes, and/or live
or televised performances which have as their dominant theme or themes
explicit sexual activities and/or the exhibition of human anatomy
which is not normally seen in public or in other commercial or club-type
operations and which may or may not exclude minors by virtue or age.
Implicit in this definition are the following: bookstores, movie theaters,
restaurants, bars, and any other operation which qualifies for inclusion
by virtue of the above wording, regardless of the type of other uses
or operations which may also be conducted on or in the property or
properties involved.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress and egress, or any enlargement to or diminution of a building
or structure, or the moving of a building from one location to another.
Modifications to an existing structure that are of a cosmetic
nature, replacement of utilities, or rearrangement of non-load-bearing
partitions.
Any device or mechanism used in the collection, transmission,
routing, or receiving of telecommunications transmissions, radio signals,
or radio frequency energy, including, but not limited to, use by or
provision of wireless communications, cellular communications, and
personal communications services.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports or has attached to it an antenna or antennas.
A structure containing three or more apartment units.
One or more rooms with individual access, private bath and
kitchen facilities, comprising an independent, self-contained dwelling
unit in a building.
An enclosed area located partly or completely below grade.
A basement shall be considered a story for the purpose of height measurement
if the basement ceiling is five feet or more above the average grade
level around the building.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located.
A strip of land intended to separate one use or district
from another by providing an open, unobstructed space intended to
absorb, shield, or block noise, light, view, or other impacts of the
use having the greater impact. Buffers shall be planted with grass
or other ground cover and may be part of the required yards. Buffers
are often employed between a residential district and an abutting
nonresidential district having greater impacts. There shall be no
structures other than fences and no equipment, storage, parking, or
trash disposal in buffer areas. Dimensions of buffers shall be as
required by the zoning district.
Any structure, either temporary or permanent, having a roof
or other covering and designed or used for shelter or enclosure of
any person, animal, property, or equipment of any kind.
The ratio obtained by dividing the ground floor area within
the outside of the exterior walls of all principal and accessory buildings
on a lot by the total area of the lot upon which buildings are located.
The vertical distance measured from the average level of
the ground surrounding the structure to the top of the highest point
of the roof for flat roofs and to the ridge of the gable, hip, and
gambrel roofs. Chimneys, spires, towers, steeples, mechanical equipment,
tanks, vessels, antennas, and similar projections of the buildings
not intended for human occupancy shall not be included in calculating
the height, unless specifically stated otherwise in this chapter.
A line, parallel to the street right-of-way line, which establishes
the actual location of the front wall of the principal building on
the lot.
A line, parallel to the street right-of-way line, at a distance
that is at least equal to the depth of the front yard required for
the district in which the lot is located.
A tract of land that has been planned, developed, and operated
as an integrated facility for a number of individual industrial or
business establishments, with special attention to circulation, parking,
utility needs, aesthetics, and compatibility.
A restaurant designed so that customers carry their meals
from a counter to their tables.
A tract or parcel of land that contains the wireless, cellular,
or personal communications service antenna, its antenna support structure,
accessory buildings, and parking and may include other uses associated
with and ancillary to providing wireless communications, cellular
communications, or personal communications services.
A facility which includes the sending and receiving antennas,
antenna support structures, and associated electronic equipment that
is located in a prefabricated or modular structure or cabinets.
A document issued by a duly authorized local authority allowing
the occupancy of a building and certifying that the structure or use
has been constructed or will be used in compliance with all applicable
local codes and ordinances.
A facility that is licensed to provide care for seven or
more children unrelated to the operator, where the child care areas
are not being used as a family residence.
A comprehensive long-range plan intended to guide the growth
and development of a community or region that includes analysis, recommendations,
and proposals for the community's population, economy, housing, transportation,
community facilities, land use, and related areas.
A change in the use of a building such as the change of a
single-family dwelling into a multifamily dwelling or the change of
a residential or retail use to offices. Such change may be accomplished
without subdivision or the introduction of a new owner. Where the
use and dimensional regulations of this chapter permit, such conversion
may be accomplished by appropriate alteration upon the issuance of
the necessary permits.
The total volume of a structure (height multiplied by length
multiplied by width), but excluding that portion of a stack or other
projection that is higher than the highest point of the principal
building.
The maximum number of dwelling units per acre. This term
refers to all of the land within the boundaries of a particular area,
including streets, rights-of-way, easements, etc.
The maximum number of dwelling units per acre. This term
refers to land within the boundaries of a particular area but excludes
streets, rights-of-way, and easements in calculating net density.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision,
land development, or any other development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, streets
and other paving, utilities, dredging, filling, grading, excavation,
or drilling operations and the subdivision of land.
A building or unit designed and constructed for residential
use.
A building containing three or more dwelling units, including
units that are located one over another.
A single-family dwelling unit within a building, which unit
has at least one party wall in common with other dwelling units in
the same row; a townhouse or rowhouse. After the effective date of
this chapter, no such building shall be constructed with more than
six attached units.
A building designed for and occupied exclusively as a residence
for only one family with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which
are attached side by side by means of a party wall, with each dwelling
unit having only one side yard.
A building designed or occupied exclusively as a residence
for two families living independently of one another. The usual arrangement
is for one unit to be located above the other.
A grouping of rooms designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
Any number of individuals living together as a single housekeeping
unit when said individuals are related by blood, marriage, or adoption,
including foster children; or not more than four unrelated individuals
living together as a single housekeeping unit with single kitchen
facilities.
A dwelling, licensed by the appropriate state agency, shared
by persons requiring special care and their supervisors who live together
as a single housekeeping unit in a family-like environment. This facility
is designed to create a residential environment for the developmentally
disabled, mentally ill or retarded, handicapped, or similar groups
unable to live without supervision. The maximum number of residents
shall not exceed seven, excluding supervisors. These facilities shall
not be used to accommodate persons recovering from the effects of
drugs or alcohol or inmates of penal institutions.
A home, other than the child's own home, operated for profit
or not for profit, in which child care is provided at any one time
to four, five, or six children unrelated to the operator.
A boat or other craft intended and designed for the transport
or conveyance of not more than 30 passengers. Such vessel shall not
exceed a length of 80 feet.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than six feet. "Gross
floor area" also includes, but is not limited to, the following:
Elevator shaft, stairwell, and attic space providing
headroom of six or more feet.
The floor areas of roofed terraces, exterior
balconies, breezeways, or porches where over 50% of the perimeter
is enclosed.
Any floor space used for dwelling purposes no
matter where located within a building.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading, and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
The preparation, packaging, separation, shrink wrapping,
and vacuum sealing of food items for the purpose of later consumption;
or the preparation, cooking, and baking of raw food items, generally
in large quantities, for transport to off-site locations for consumption.
Any building located within a development site which is separate
from any group or cluster development on such site and which shall
comply with the regulations of the district in which it is located.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may include facilities for lubricating,
washing, or otherwise servicing motor vehicles, but which shall not
include painting or body and fender repairs.
A property and/or place of business where flammable or combustible
liquids used as motor fuels are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles by a person other than the service
station attendant.
Those chemicals or substances which are defined as "physical
hazards" or "health hazards" in the most recently adopted version
of the Uniform Construction Code.
A classification of a chemical for which there is statistically
significant evidence that acute or chronic health effects are capable
of occurring in exposed persons. The term "health hazard" includes
chemicals that are carcinogens, toxic or highly toxic agents, reproductive
toxins, neurotoxins, agents which are capable of acting on the hematopoietic
system, and agents which damage the lungs, skin, eyes, or mucous membranes.
Any use that poses a health hazard, a significant threat
from fire, or involves the use of hazardous materials in any way that
could endanger persons or property in the event of accidental discharge
or combustion.
Any use whose impact is not heavy, as herein defined.
The coverage of the lot or tract area by materials that prevent
the percolation of water into the soil and generate stormwater runoff,
such as buildings, streets, parking areas, driveways, and any other
similar surfaces.
Residence for the elderly that provides rooms, meals, personal
care, and supervision of medication. The facility may provide other
services such as recreational activities, financial services, and
transportation. Residents must be ambulatory and free from communicable
diseases. The facility shall be licensed by the state.
A nonprofit, religious, or public use, such as a religious
building, library, public or private school, hospital, or government-owned
or -operated building, structure, or land use for public purpose.
A research, testing, experimental, or product development
facility, provided that any laboratory animals shall, at all times,
be kept within completely enclosed buildings. All chemical, biological,
or other substances, emissions, or by-products of the procedures or
operations conducted within the laboratory shall be confined to the
facility and not be permitted to escape or be emitted outside of the
facility.
An area landscaped with grass, ground cover, shrubs, or similar plantings placed where required by this chapter and permanently maintained. See Article XVII, General Regulations.
Industrial processes where the finished item, material, or product does not exceed 15 cubic feet, which are conducted in an enclosed building, and which comply with all performance standards listed in Article XX. No deliveries shall be made in trucks having more than one axle.
An off-street space or berth for the loading or unloading of commercial vehicles. Such spaces shall comply with Article XV.
A parcel of land that is or may be occupied by a building
and/or accessory structure or use, including open spaces and setbacks
as are required within the district in which the lot is located.
The total horizontal area within the lot lines of a parcel.
A lot bounded by intersecting streets on at least two sides.
Both yards adjacent to streets shall be considered front yards.
That percentage of a lot that is covered by all combined
structures, paving, or any impervious surfaces. See "impervious surface."
The distance along a straight line measured from the midpoint
of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot that divides one lot
from another lot or from a public or private street or any other public
space.
The line separating the lot from the street right-of-way.
Any lot line, except the front lot line, which is parallel
to or within 45° of being parallel to the front lot line and does
not intersect any street line, except in the case of corner lots.
Any lot line that is not a front or rear lot line.
The smallest allowable lot area as established by this chapter
on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building setback line.
A group of commercial, retail, or personal service uses arranged
in a strip-like fashion with individual frontages and entrances or
enclosed in one building with internal frontages and shared entrances
on the exterior of the building.
A single building containing more than one type of land use
or a single development of more than one building and use where different
types of land uses are in close proximity, planned as a unified complementary
whole, and functionally integrated by shared vehicular and pedestrian
access, parking areas, landscaping, and other features.
A building designed or converted to accommodate three or
more commercial tenants. Each tenant shall operate a use that is permitted
in the district where the building is located.
Structures for which construction was started after the effective
date of this chapter and includes any subsequent improvements to such
structures.
A business or commercial activity which is clearly secondary
to the residential use and in which no persons other than members
of the resident family are engaged. The use shall not provide for
on-site parking in addition to that required for the residential use.
No equipment is used other than that normally used for household or
general office use.
A building or structure that does not comply with the provisions
of this chapter, as amended, where such building or structure lawfully
existed prior to the effective date of this chapter or of amendments
thereafter.
Any lawful lot that does not conform to one or more of the
applicable provisions of the district in which it is located either
on the effective date of this chapter or of amendments thereafter.
A use, whether of land or a structure, which does not comply
with the applicable provisions of this chapter, where such use was
lawfully in existence prior to the effective date of this chapter
or amendments thereafter.
A reasonably level space, having a surface slope not exceeding 6%, used for parking a motor vehicle. Such space shall have an area as listed in Article XV, which shall be exclusive of passageways, driveways, or other means of circulation or access.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also
cited as 53 P.S. § 10101 et seq., or any subsequent Act
of the Commonwealth of Pennsylvania that replaces, supplements, or
repeals any or all of the provisions of Act 247.
Written municipal permission issued by the appropriate local
official empowering the holder thereof to do some act not forbidden
by law, but not permitted without such authorization.
A business engaged in providing services involving the care
or appearance of a person, his or her clothing, or similar personal
needs. Included in this definition are barber, beautician, shoe repair,
fitness club, laundry or cleaner, or similar establishment, but not
including a tattoo parlor, massage parlor, or body piercing establishment.
A chemical that is a combustible liquid, compressed gas,
cryogenic, explosive, flammable gas, flammable liquid, flammable solid,
organic peroxide, oxidizer, or unstable or water-reactive material.
A strip of trees, hedges, or other plantings adjacent to
the boundary of a property which, at the time of planting, shall be
not less than six feet high and of sufficient density to constitute
an effective visual screen and thereby give visual protection to abutting
properties. Such screen shall consist primarily of dense evergreens
that shall be planted not farther than seven feet from one another
and shall be permanently maintained. Deciduous trees may be added
to create interest and variety.
A building or use which is the primary building or use on
a lot as distinguished from a building or buildings relating to an
accessory, incidental, or subordinate use. The primary purpose for
which land, a building, or a subordinate structure or the use thereof
is designed, arranged, or intended.
A place designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational
activities.
Any premises used for the sale, dispensing, and/or serving
of food, refreshments, or beverages where the customer is normally
involved with an individual menu and is served by a restaurant employee
at the table, booth, or counter at which said items are consumed.
Land acquired by reservation, dedication, prescription, condemnation,
or other legal manner and occupied, or intended to be occupied, by
a street, crosswalk, electric transmission line, oil or gas pipeline,
water line, watercourse, or similar uses.
The line that forms the boundary of a right-of-way.
The line the marks the lowest point of the roof.
The line that marks the highest point of the roof. This term
is applicable to roofs other than flat roofs.
An antenna together with all attachments and parts, the purpose
of which is to receive communication from orbiting satellites.
Any barrier intended and designed to shield properties and
uses from other uses or activities having different sounds or other
impacts (e.g., screening of industrial uses or activities from nearby
residential structures).
The distance between the street right-of-way line or a lot
line and any building on a lot or tract.
The minimum distance from the street right-of-way line or
any other lot line that establishes the area, commonly known as the
"building envelope," within which the principal structure must be
erected or placed.
A group of commercial establishments planned, constructed,
and managed as a total entity, including both attached buildings and
freestanding buildings with customer and employee parking provided
on site.
Any object, device, display, or illustration which is used
to advertise, identify, display, direct, or attract attention to an
object, person, institution, organization, business, product, service,
event, or location by any means, including words, letters, numbers,
or symbols.
A sign which has its letters or design applied to cloth,
canvas, or other flexible material which is durable and weather resistant.
The entire face of a sign including the advertising surface
and framing, trim, or molding, but not including the supporting structure.
A sign that is mounted or painted on or attached to an awning,
canopy, or other fabric, plastic, or structural protective cover over
a door, entrance, window, or outdoor service area.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature
sign" and not a changeable copy sign for purposes of this chapter.
A movable sign which is not secured or attached permanently
to the ground.
A sign limited to directional messages principally for pedestrians
or vehicular traffic, such as "entry" or "exit," "one way," "loading"
or "service area," "fire lanes," "parking," or a similar sign incidental
to the primary use and not itself advertising or naming that use except
as required by law.
The area or display surface used for the message.
A detached sign which shall include any sign placed upon
or in the ground, supported by a post, stake, etc., and not attached
to any building.
A freestanding sign other than a sign supported by a post
or pylon placed upon or supported by the ground independent of any
other structure.
A sign giving the nature, logo, trademark, or other identifying
symbol, address, or any combination of the name, symbol, and address
of a building, business, development, or establishment on the premises
where it is located.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
A sign, generally informational, that has a purpose secondary
to the use of the property on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives.
No sign with a commercial message legible from a position off of the
lot on which a sign is located shall be considered incidental.
A sign that depicts the menu of food and/or drink for sale
at an eating or drinking establishment.
A sign with two or more display areas or sides on which messages
can be displayed.
A sign indicating only the name and/or profession and address
of the person(s) residing or legally occupying the premises.
A sign that is internally lighted by lamps, bulbs, tubes,
etc., that are filled with neon gas. Neon signs are prohibited throughout
the Borough.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
After the effective date of this chapter, projecting signs shall not
be erected or placed in the Borough.
A type of temporary sign that has a high turnover, such as
those advertising "sales" and frequent price changes. These signs
are most commonly found on windows/doors of supermarkets, grocery
stores, and beverage distributors. In most cases, these signs are
constructed of paper, cardboard, or other lightweight materials.
A movable sign consisting of two faces, possibly hinged at
the top.
The supports, uprights, braces, and framework of the sign.
A sign that is used in connection with an event, situation,
or circumstance that is designed or intended to take place or be completed
within 30 days after the permit for the sign was issued or is intended
to remain on the location where it is placed or erected for not more
than 30 days.
A sign which electronically displays the time and temperature.
A sign posted on, suspended from, or otherwise affixed to
a wall or vertical surface of a building which does not project more
than 12 inches from the wall or vertical surface to which it is attached.
Signs shall not be painted on any surface.
A sign attached or affixed to a window or door.
A public or private way used or intended to be used as a
means of vehicular and pedestrian travel and access to abutting properties
and space for public utilities that is improved in compliance with
all Borough requirements for public or private streets.
A public way serving or abutting the exterior areas of a
site.
A public or private way serving the internally developed
areas of a site.
The line dividing the street and the abutting property. The
street line shall be the same as the street right-of-way line.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
Any body of water, tank, or receptacle of water having a
depth at any point of greater than two feet used or intended to be
used for swimming or bathing solely by the owner, his family, and
guests of the household and constructed, installed, established, or
maintained outside of any building in or above the ground upon any
premises as an accessory use to the residence.
A building containing single-family attached dwelling units
(townhouse units) in which each townhouse unit is attached only by
a party wall or walls to one or two other townhouse units. Townhouse
buildings erected after the effective date of this chapter shall contain
not more than six attached units.
An area, lot, parcel, site, or property which is the subject
of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract
area shall be measured to the ultimate right-of-way line of public
streets.
A movable structure located at or near a work or construction site for storage or other purpose related to or supporting construction or office activity. Such structures shall be permitted in all but the industrial districts and shall be considered temporary uses that require a permit from the Borough. Such trailers shall not be used for storage, office purposes, or similar uses unless they are located on or within 100 feet of a construction site. Also see § 196-126.
A movable structure located in an industrial district used
for office, storage, or similar purposes.
A development approach locating higher density, mixed uses
at strategic points along the regional transit system. The design
and location of a TOD and the mix of uses emphasize a pedestrian-friendly
environment and reinforce the use of public transportation.
A tract of land having not less than five acres that is planned,
developed, operated, and maintained as a single entity and containing
two or more structures to accommodate retail, service, commercial,
office, industrial, and residential uses. The development shall have
common accessways, parking areas, and landscaping and shall be developed
following a common architectural scheme.
An open-air space, designated by the Borough, that provides
a clear view across one or more lots to the Delaware River, Marcus
Hook Creek, or another point of interest from an abutting or nearby
street, sidewalk, park, plaza, or other public spaces.
A use that requires direct access to or location adjacent
to the Delaware River or Marcus Hook Creek and which, therefore, is
not customarily located in inland areas. "Water-dependent uses" include,
but are not limited to, marinas, recreational and commercial fishing
and boating facilities, waterfront dock and port facilities, and commercial
and industrial uses dependent on waterborne transportation.
An eating and/or drinking place located in the Waterfront Mixed Use District which complies with the district purposes relating to limitation of size and scope of development as stated in Article XI of this chapter. No such restaurant/bar shall have a floor area devoted to patron use in excess of 2,500 square feet. The term "bar" shall include a lounge, tavern, or any other establishment serving alcoholic beverages.
A retail store or shop located in the Waterfront Mixed Use District which complies with the district purposes relating to limitation of size and scope of development as stated in Article XI of this chapter. No such store shall be established or enlarged to have a floor area devoted to customer use in excess of 2,500 square feet.
A use where a substantial portion of the goods or services
which it provides are derived from or related to water or waterfront-dependent
activities or where a substantial portion of the goods or services
which the use provides are designed to be used in connection with
such activities. Also, a use that relies on or is associated with
the recreational, environmental, historical, cultural, tourist-related,
or other activity generating aspects of the waterfront.
An unobstructed open space on the same lot with a principal
building that extends from a street line or lot line inward to the
principal building.
A yard extending the full width of the lot, the depth of
which extends from the front lot line to the nearest point of the
principal building.
In the Planned Business Park District, the area between the
parking lot or an interior driveway in a development and a principal
building(s).
In the Planned Business Park District, the area between the
public street abutting a development and a principal building(s).
A yard extending the full width of the lot, the depth of
which extends from the rear lot line to the nearest point of the principal
building.
The open space between a lot line and the buildable area
or "building envelope" within which the principal structure must be
erected or placed.
A yard extending between the inside lines of the front and
rear yards and extending in width from the side lot line to the nearest
point of the principal building.
An ordinance that divides the Borough or other unit of local
government into areas or zones that specify allowable uses for real
property and size and locational restrictions for buildings within
these areas.
Written permission issued by the Zoning Officer or other
appropriate municipal official empowering the holder thereof to erect
or alter a building or structure, including signs and fences, change
the use of a building or land, and change or extend a nonconforming
use.
