For the purpose of this chapter, the following
words and phrases shall have the meanings as given in this section:
For the purpose of this chapter, the following
terms shall have the meanings as given in this section:
To give up or cease the act or use or occupancy of a building,
structure or land with the intention neither of transferring rights
to the property, nor of resuming the use of the property.
The owner of record of a parcel of land which is contiguous
at any point to the parcel for which a zoning change or amendment
is being considered or which has frontage on a common road or street
(public or private) across from the subject parcel.
A building subordinate to the principal permitted building
on a lot and used for purposes customarily incidental to those of
the principal permitted building.
A use subordinate to the principal permitted use of the land
to which it is related and which is located either within the same
structure(s) or in an accessory building or structure; a use which
is clearly incidental to and customarily found in connection with
a particular principal permitted use.
A drive, driveway, aisle, private street or other pavement
which connects parking areas, buildings and other structures to a
road, street or highway.
Results contributing to a harmful or degraded condition and/or
producing an unfavorable result, such as harmful or degraded conditions
to the environment caused by adverse environmental impacts.
A right-of-way providing secondary vehicular access to the
side or rear of two or more lots.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders, or any change which could convert
an existing building or other structure into a different structure
or adapt it to a different use or any change which could convert an
existing building or other structure into a different structure or
adapted to a different use.
Any structure made of cloth, fiberglass or metal with a metal
frame attached to a building and projecting over a thoroughfare.
An enclosed area partly or completely below grade. A basement
shall be considered as a story, for the purpose of height measurement,
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet.
Results contributing to an improvement in condition and/or
producing a favorable result.
An off-premises sign displaying changeable or permanent advertising
copy which pertains to a business, organization, event, person, place,
service or product not principally located or sold on the premises
upon which said sign is located. As used in this section, an "attached
billboard" is a billboard fastened to the face of a building, and
a "back-to-back billboard" is a structure with two parallel and directly
opposite billboards with their faces oriented in opposite directions
located not more than three feet apart. A "ground billboard" is a
billboard supported by one or more uprights upon the ground, with
or without braces, and not attached to a building or structure.
[Added 9-12-2000 by Ord. No. 1217, approved 9-12-2000]
An area adjacent to a property boundary which is landscaped
and maintained for a width as required in the certain districts in
this chapter and in a manner as required by the Borough Council.
Any structure having a roof supported by columns or walls
or other support and used for the shelter, housing or enclosure of
persons, animals or property.
The aggregate of the maximum horizontal cross-section area
of a building, excluding unenclosed porches, terraces, patios, platforms
or other uncovered spaces, buttresses, chimneys, cornices, piers or
pilasters, unenclosed fire escapes, steps, bay windows and balconies.
A vertical distance measured from the lowest and highest
grade at the foundation, divided by these two figures to create an
average, and measurement is taken from this figure. Spirals, towers,
domes, elevator penthouses, tanks and similar projects must be approved
by separate application to the Planning Commission for recommendation
to the Borough Council.
FRONT YARD BUILDING SETBACK LINEThe line parallel with the public or private street right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located, provided that, in the case of a lot where the side lines are not parallel, the building setback line shall be at the point where the minimum lot width first coincides with the required lot width, but in no case closer to the street right-of-way than the required front yard. All yards adjacent to the public or private street right-of-way shall be considered front yards.
SIDE YARD BUILDING SETBACK LINEThe line extending between the front yard setback line and the rear yard setback line normally perpendicular to the front yard street right-of-way line and equal to the minimum depth of the side yard designated for each district in this chapter.
REAR YARD BUILDING SETBACK LINEThe line normally parallel to the front yard street right-of-way line and equal to the minimum depth of the rear yard designated for each district in this chapter.
A roofed-over structure, open on at least two sides, used
in conjunction with a dwelling for storage of private motor vehicles.
The area of a road or other street within which vehicles
are permitted, including travel lanes, but not including shoulders,
curbs, gutters, sidewalks or drainage swales.
The center of the surveyed street, road, lane, alley or alley
right-of-way or, where not surveyed, the center line of the traveled
cartway.
A statement signed by the Building Inspector setting forth
that a building, structure or use legally complies with this chapter
and other applicable codes and regulations and that the same may be
used for the purposes stated therein.
An alteration of a building, structure or land by change
of use, theretofore existing, to a new use group which imposes other
special provisions of law governing building construction, equipment,
exits or zoning regulations.
A use by a nonprofit or eleemosynary organization that provides
a service beneficial to the general public or to a significant portion
of the public for no fee or at a fee which is recognized as being
less than that charged by a profit-making organization.
A vehicle which is registered for commercial use by the state
or ostensibly displays a commercial-related identity by virtue of
lettering, signs, ladder racks, tool racks and the like.
A building to be used by group or groups within the community
for meeting purposes.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for the common
ownership solely by the owners of those portions.
The remodeling or alteration of a structure (including nonresidential
structures) to provide for more dwelling units than were originally
intended.
That percentage of the area of a site occupied by impervious
surfaces, including buildings.
Any premises in which child day care is provided simultaneously
for children who are not relatives of the owner/operator. Nursery
schools are deemed to be "day-care centers."
A raised platform, may be made out of any material, cement,
wood or a man-made product; has one or more steps, with or without
a railing, has no roof and is attached to building; considered a permanent
structure and part of the existing main building.
[Added 4-9-2002 by Ord. No. 1234, approved 4-9-2002]
Unless otherwise stipulated in this chapter, gross density
shall be determined by dividing the total number of dwelling units
by the total amount of land in the tract to be developed.
Includes all buildings and lots within certain designated
boundaries as indicated on the Zoning Map or Maps.[1]
The vehicular method of entrance or egress to a land use.
A building or portion thereof designed for and used exclusively
for residential occupancy, but not including group quarters.
SINGLE-FAMILY DETACHEDA building designed and built to contain one dwelling unit, having no party wall in common with any other unit.
SINGLE-FAMILY SEMIDETACHEDA building designed and built to contain two dwelling units arranged side by side to each other and separated by a party wall.
TWO-FAMILY DETACHED or DUPLEXA building designed and built to contain two dwelling units separated by one party wall arranged side by side or vertically.
SINGLE-FAMILY ATTACHED TOWNHOUSEA building designed and built to contain three or more dwelling units arranged side by side and separated by two party walls, except for the two end dwelling units.
MULTIFAMILY APARTMENTA building, other than a townhouse, designed and built to contain several dwelling units arranged above and/or adjacent to one another, with independent access, separated by one or more party walls and which is at least two but not more than three stories in height.
A residential building or portion thereof forming a single
habitable unit, with facilities which are used or intended to be used
for living, sleeping, cooking and eating by one family.
Any public, private or parochial elementary or secondary
school; any public two-year post-secondary school; any other private
educational institution normally subject to regulations prescribed
by the Commonwealth of Pennsylvania, which institution is operated
on a nonprofit basis.
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
Any number of individuals living together as a single nonprofit
housekeeping unit with single kitchen facilities when said individuals
are related by blood, marriage or adoption, including any number of
foster children under the care of the same, or no more than four unrelated
individuals living together as a single nonprofit housekeeping unit
with single kitchen facilities, excluding, however, occupants of a
club, fraternity house, lodge, rooming or boarding house, convalescent
or nursing home, institutional home, tourist home, day-care facility
or communal living.
A barrier made of wood, wire or similar man-made material,
specifically excluding rocks, plant material, shrubs, trees or similar
living items.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the "floodway" shall be capable of accommodating a flood
of the one-hundred-year magnitude.
An accessory building used for the storage of motor vehicles,
which may include one commercial vehicle owned and operated by the
owner or occupants of the premises.
The sum of the gross horizontal areas of the several floors
of a building, as the case may be 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.
The sum of the floor areas of all rooms for habitation, such
as the living room, dining room, kitchen, bedroom, etc., but not including
hallways, stairways, cellars or basements, attics, utility rooms,
bathrooms or closets.
A use which is incidental or secondary to the residential
use of a dwelling and which is conducted entirely within the dwelling
by one of the residents.
Those surfaces which do not permit the natural absorption
of rainwater by the ground; Included are the coverage of buildings,
parking areas, driveways, roads, sidewalks, swimming pools and other
areas of concrete or asphalt. Additional areas determined by the Borough
Engineer to be impervious within the meaning of this definition will
also be considered as such.
A residential facility in which individuals reside while
receiving therapy, counseling or other rehabilitative services for
the following purposes:
A structure for housing more than four dogs that are more
than six months old and are kept, boarded, groomed, trained, raised
or bred for compensation as part of a service provided by an accompanying
principal permitted use or structure.
A planting of vegetative materials, including shrubs, ground
covers, etc.
One duly recorded plot or parcel of land on which a permitted
use or building and an accessory use or building may be placed, together
with the required yards and areas required by this chapter.
The area of land contained within the property lines of a
lot, including the area of any easement.
A lot or parcel of land abutting upon two or more streets.
The percentage of the lot area that is occupied by the building
area.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
The distance measured along the street line of the lot abutting
a public road, street or highway in such cases where the street line
is a straight line; the distance measured along a line parallel to
the street line at a distance therefrom equal to the depth of the
front yard or setback required.
A legally recorded property boundary line. In the case of
any lot abutting a street, the "lot line" for the portion of the lot
abutting the street shall be deemed to be the same as the street line
and shall not be the center line of the street or any other line within
the street line.
FRONT LOT LINEThe lot line abutting a street and coinciding with the street line. In the case of a corner lot, whichever street-abutting lot line is elected by the landowner or developer when filing any application for subdivision and/or land development, subject to the approval of the Borough Council, may be deemed the "front lot line"; or, in the case of an existing lot, the "front lot line" shall be designated on an approved final plan for the property.
REAR LOT LINEA lot line opposite and most distant from the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line.
SIDE LOT LINEAny lot line which is not a street or a rear lot line.
The horizontal distance measured between the side lot lines
at the required or proposed building setback line.
A reflector, together with attachments and pedestal, used
or intended to receive radio, electromagnetic or other communicational
sources.
A manufactured, relocatable single-family dwelling furnished
and ready for occupancy and designed to be towed to a site after fabrication
and established on the lot as a year-round dwelling. The nontransient
on-site capability for mobility shall be retained. The construction,
materials and transporting of such units shall comply with standards
established by the Commonwealth and the Borough of Prospect Park.
A use owned by the Borough, such as parks, playgrounds and
other recreational, cultural and conservation areas; the sites for
sewage treatment, solid waste and refuse disposal and other public
facilities owned and operated for the good and well-being of the Borough;
and activities regularly conducted by the Borough at such sites and/or
facilities.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading; and all floor below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
As applied to buildings, structures, signs or use of land,
legally existing at the time of enactment of this chapter, which do
not conform to the regulations of the district in which it is situate
and which did not violate any ordinance, at the time of its construction,
as applied to buildings, lots, structures, signs or use of land.
A cement or macadam pad on the ground; no railings, open
with roof or without roof, no steps, shall not contain screening,
windows or knee walls and must remain open.
[Added 4-9-2002 by Ord. No. 1234, approved 4-9-2002]
Any deck-like structure with a roof, may or may not have
a railing, with open or closed sides, is attached to building. Unclosed
porches shall not extend beyond the side yard setback.
[Added 4-9-2002 by Ord. No. 1234, approved 4-9-2002]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year). For the purpose of this
chapter, the one-hundred-year flood elevation shall be determined
by establishing the elevation of a point on the boundary of the flood-prone
area which is nearest to the site in question.
Reasonable level and stable space which is paved and available
for the parking of one motor vehicle. "Parking spaces" shall have
an area of 180 square feet (9 feet by 20 feet), to which there is
adequate access from a street, except those spaces designated for
handicapped use, which shall have an area of 240 square feet (12 feet
by 20 feet).
The term shall be construed to include a firm, association,
organization, partnership, trust company, corporation, individual
or other entity.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use; "recreational vehicles" or units, including boats,
travel trailers, truck-mounted campers, motor homes, folding tent
campers and autos, buses or trucks adapted for vacation use and other
vehicles not suitable for daily conventional family transportation.
Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers
are also deemed recreational, having a body length and width not exceeding
eight feet and 32 feet, respectively.
A school, corporation, community service organization or
agency or other similar activity or entity which is directly related
to, sponsored by or operated by a church or religious denomination;
included are the administrative functions of such an institution and/or
the facilities within which its services are provided.
A distinct and separate portion of land which is reserved
or dedicated for some public or semipublic purpose (e.g., a street
right-of-way).
Any permanent or temporary structure or part thereof or any
device attached, painted or represented, directly or indirectly, on
a structure or other surface that shall display or include any letter,
word, insignia, flag or representation used as or which is in the
nature of an advertisement, announcement, visual communication or
direction or is designed to attract the eye or bring the subject to
the attention of the public. Flags of any governmental unit or branch
of any charitable or religious organization, interior signs not visible
from a public right-of-way or adjoining property and cornerstones
built into or attached to a wall of a building shall not be construed
to be "signs."
ACCESSORYAny sign which is specifically related to the permitted use of the premises on which said sign is erected and which serves as a further description of products available to or services provided for the general public.
FLASHINGA sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in light effects. Illuminated signs which indicate the time, temperature or date information shall not be considered "flashing signs."
FREESTANDINGA sign support by or suspended from a freestanding column or other support(s) located in or upon the ground surface.
GROUND SIGNAny sign supported by uprights or braces placed upon the ground and not attached to any building.
ILLUMINATED SIGNA sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign or a sign with illumination derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source to areas other than the sign being illuminated.
MARQUEESIncludes any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.
ON-PREMISESA sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. "On-premises signs" do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
OFF-PREMISESA 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.
PARALLEL SIGNA sign which is mounted parallel to a wall or other vertical building surface not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 15 inches from the wall surface.
POLE SIGNA sign that is mounted on a freestanding pole or other single support.
PROJECTING SIGNA sign which is attached directly to the wall of a building or other structure and which extends more than 15 inches from the face of such wall.
REAL ESTATE SIGNA sign pertaining to the sale or lease of the premises on which the sign is located.
ROOF SIGNAny sign erected, constructed and maintained wholly upon or over the roof of any building, with the principal support on the roof structure.
TEMPORARYAny sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed only for a consecutive thirty-day period.
WALLSee "parallel sign."
WINDOW SIGNA temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.
Construed to include all lettering, wording and accompanying
designs and symbols, together with the background, whether open or
enclosed, on which they are displayed, but not including any supporting
framework and bracing which are incidental to the display itself.
Where the sign consists of individual letters or symbols attached
to a surface, building, wall or window, the area shall be considered
to be that of the smallest rectangle or other shape, including the
sign background, which encompasses all of the letters and symbols.
A tract or parcel of land or combination of contiguous lots
or parcels of land.
That part of a structure included between any floor and the
floor or roof next above. When applied to the permissible height of
buildings, the term "story" shall not include a basement if the basement
is not designated for living quarters and if the floor thereof is
more than five feet below the average ground level.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders or any change which could convert
an existing building or other structure into a different structure
or adapt it to a different use.
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
Anything constructed or erected with fixed location on the
ground or in the ground or attached to something having a fixed location
on the ground, including but not limited to decks, patios and porches.
Any body of water, tank or receptacle for water, whether
artificially or semi-artificially constructed or portable, having
a depth at any point greater than 18 inches, 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 any building in or above the ground upon any premises as an
accessory use to the residence. Portable wading pools under 18 inches
depth are excluded.
A vehicle without motor power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
and which has a body width not exceeding eight feet and a body length
not exceeding 32 feet.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
An unoccupied space on the same lot with a building or structure.
FRONT YARDA yard extending the full width of the lot and located between the street right-of-way line and the front building line of the main building.
SIDE YARDA yard located between a side lot line and the nearest side wall of the main building extending from the front yard to the rear yard.
REAR YARDA yard extending the full width of a lot and located between the rear lot line and the rear building line of the main building.
