Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section. All words and terms not defined herein shall be used with a meaning of standard usage.
AISLEA corridor used for access within a parking lot by motor vehicles to the parking space.
ALTERATIONAs applied to a structure, a change or rearrangement in the structural parts, including supporting members such as bearing walls, columns, beams, or girders, or an enlargement, whether by extending on a side or by increasing in height, or the relocation of a structure onto or within a lot.
AMENDMENTAny change or revision of the text of this chapter or the Official Zoning Map.
ANIMAL HOSPITALA building used by a veterinarian for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, birds and fowl.
APARTMENT COMPLEXA group of two or more buildings occupying a lot in single ownership, with each building used by three or more families.
APPLICANTThis term is defined in Section 107 of Pennsylvania Municipalities Planning Code, 53 P.S. §
10107.
Every application, whether preliminary, tentative, or final, required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
AUTHORITYA body politic and corporate created pursuant to the Municipality Authorities Act.,
AUTO WRECKING, JUNK AND SCRAP ESTABLISHMENTSThe use of land and structures for the storage, baling, packing, sorting, handling, disassembling, purchase, or sale of any material which has been used, salvaged, scrapped, or reclaimed, but is capable of being reused in some form, including metals, fiber, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, motor vehicles which do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania, and motor vehicle parts, but not including garbage or other organic wastes.
AUTOMOBILE SERVICE STATIONThe use of land and structures engaged in the retail sales of gasoline, oil, grease, batteries, tires and other motor vehicle accessories, which may also provide minor mechanical repairs and servicing of motorized vehicles.
BOUNDARYA line marking the limit or border of a lot or district.
BUILDINGA structure, including any part thereof, having a roof and used for the shelter or enclosure of persons or property.
BUILDING SETBACK LINEThe line within a lot defining the required minimum setback distance between any structure and the adjacent street line.
CAMPS AND CAMPING GROUNDSThe use of land and structures by campers for seasonal, recreational and temporary living purposes in cabins, tents or outdoor recreational vehicles.
CARTWAYThe portion of a street right-of-way designed or intended for vehicular use.
CENTER LINEA line running parallel to and equidistant from both sides of a street.
CHURCHES AND OTHER PLACES OF WORSHIPThe use of land and structures for religious worship, education and related activities including chapels, cathedrals, temples, synagogues and the like.
CLUBS, LODGES AND FRATERNAL ORGANIZATIONSThe use of land and structures by a nonprofit group which is not operated for the purpose of trade or business, no part of the earnings of which benefit any individual but which is operated for social and community service activities among group members and their guests.
COMMERCIAL DAIRYThe use of land and structures for the manufacture and processing of dairy products.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions in Article
VI of the Pennsylvania Municipalities Planning Code.
Small stores permitted in selected rural and residential districts which retail food and beverages primarily to the immediately surrounding population.
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change of a single street where the interior angle is less than 135° and the radius of the street is less than 100 feet.
CURB RETURNA curved curb connecting the tangents of two intersecting curbs of streets or driveways.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations.
DEVELOPMENT PLANThe provisions for development, including a planned residential development, a plat of subdivisions, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DIRECT RAYSWhen used in regard to illumination, that form of lighting wherein the source is visible and the light is distributed directly from it to the object illuminated.
DISTRICTAll land and watercourses located within designated boundaries on the Official Zoning Map; a zoning district.
DRIVEWAYA corridor which provides motor vehicle access from a street into or across a lot.
DWELLINGA building designed for human living quarters.
C. TWO-FAMILY DWELLINGA building designed for and occupied as separate dwellings by two families regardless of whether the dwelling units are one above the other or separated by a party wall.
[Amended 3-6-2008 by Ord. No. 02-2008]
MULTIFAMILY DWELLINGA building designed for and occupied as separate dwellings by three or more families, regardless of whether the dwelling units are one above the other or separated by a party wall.
[Amended 3-6-2008 by Ord. No. 02-2008]
DETACHEDEach dwelling unit has open space on all sides.
SEMIDETACHEDOne side of each dwelling unit is a party wall common with an adjoining dwelling unit.
ATTACHEDBoth side walls of all except the dwelling units at the ends of the building are party walls.
EROSIONThe removal of soil, stone and other surface materials by the action of natural elements.
ESSENTIAL SERVICESFacilities for the distribution of utility services, including gas, electric, steam, water, sewerage, telephone and similar services excluding communications towers and communications antennas.
EXTENSIONAn addition to the floor area of an existing structure, an increase in the size of a structure, or an increase in that portion of a lot occupied by an existing use; an enlargement of a use or structure.
FACING WALLSA. Walls of a structure opposite to and parallel with one another; or
Wall lines, or wall lines extended of opposite walls intersecting at angles of less than 65°.
FAMILYB. Two or more persons, all of whom are related by blood, marriage, parentage or adoption (including foster children) living together as a single housekeeping unit. In addition to the family, two or fewer unrelated persons may reside within the housekeeping unit in the dwelling unit. Except that in the case where one or more of the unrelated person is a family care client, the number of unrelated persons permitted to be with the housekeeping unit shall be three or fewer. However, regardless of number, domestic servants or domestic employees employed on the premises and temporary gratuitous guests may be housed on the premises without being counted as part of the family.
FAMILY CAREThe provision of care in accord with regulations of the appropriate state agency(ies) for up to three mentally ill, retarded or disabled children or adults or elderly persons in a dwelling unit by a provider who resides in that unit.
FARM USEThe use of land and structures for one or more of the following: the tilling of the land, the raising of crops, fruits and vegetables, and raising and keeping of animals and plants for the sale of such animals or plants or the products derived from such animals or plants; horticultural uses related to the raising, propagating, and selling trees, shrubs, flowers and other plant materials; forestry uses related to the harvesting of lumber products.
[Amended 10-5-2006 by Ord. No. 02-2006]
Any establishment whose principal business is the sale of food or beverages with rapid turnover to customers in a ready-to-consume state for consumption either within the building or for carry-out off the premises, and whose design or principal method of operation includes the following: foods and beverages are usually served in disposable or edible containers; it is self-service, with customers expected to clean up after themselves; and menus are posted.
FLOODPLAINThe limits of the floodplain conservation regulations are hereby determined to be areas subject to periodic inundation by floodwaters or runoff as delineated on the Flood Insurance Rate Map (FIRM) for the municipality, as prepared by the Federal Emergency Management Agency, or on maps pertaining to Loganton Borough in "Soil Survey of Clinton County, Pennsylvania," August 1981, published by the United States Department of Agriculture's Natural Resources Conservation Service in cooperation with the Pennsylvania State University College of Agricultural and the Pennsylvania Department of Environmental Protection State Conservation Commission. Such maps shall be interpreted as follows:
A. Areas subject to periodic inundation by floodwaters shall include all flood hazard areas indicated on the aforementioned Flood Hazard Boundary Maps.
Where the boundaries of such areas delineated on the two map sets are not conterminous, that map which depicts the greater distance from the related streams or body of water shall control.
Natural drainage swales subject to periodic inundation by runoff rather than flood waters are also subject to the floodplain conservation regulations. Such drainage swales are identified as Nolin silt loam soils, soil symbol "No" on the aforementioned soil survey maps.
Excluded from this definition of floodplain are: all lands within such areas designated above to which the natural flow of floodwaters or runoff within drainage swales has been prevented because of lawful alterations to such areas by roads, dams, or other obstructions; and all lands which, prior to the passage of this chapter, were filled with earth to an elevation greater than that of the boundary of the natural floodplain drainage swale as shown on said maps.
FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOOD WATERSWaters which escape from streams or other bodies of water and overflow adjacent lands, as distinct from runoff.
FLOOR AREAThe sum of the gross usable area of all floors of a building measured from the face of the exterior walls. Retail and service floor area is that portion of the total floor area relegated to use by the customer and employees to consummate retail sales and services including display areas for goods but not including office space and storage areas.
FRONTAGEThe portion of a lot boundary abutting a street.
GRADINGThe act of excavating and/or filling land for the purpose of changing natural slope.
GROUP HOMEA dwelling unit in which care and residence are provided in accordance with regulations of the appropriate state agency(ies) for more than two, and not more than four nonadjusted clients who are dependent children or elderly, mentally ill, retarded or disabled adults.
HEIGHTThe vertical distance of a structure measured from the mean level of the ground surrounding the structure to its highest point, regardless of roof design.
HUNTING AND FISHING CABINA building used for seasonal and temporary living purposes by persons engaged in hunting, fishing and similar recreational purposes.
INDUSTRIAL PARKAn area planned for the integrated design of two or more primary industrial uses and structures on a lot held in single ownership.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on lot or lots, regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
Development in accordance with Section 503(1.1) of the Municipalities Planning Code.,
LANDOWNERThe 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 a propriety interest in land.
LIVING SPACEThe portion of the floor area of a dwelling relegated to use for residential purposes but excluding crawl spaces, garages, carports, breezeways, attics or portions thereof with clear ceiling heights of less than five feet, open porches, balconies, terraces and accessory structures.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT LINEA boundary line of a lot; includes property line.
C. REAR LOT LINEAny line parallel to or within 45° of being parallel to a street line which defines the rear of the lot.
LOT SIZEThe area contained within the boundary lines of the lot.
LOT WIDTHThe horizontal distance between side lot lines.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
MANUFACTURED HOME PARKA parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes.
MAXIMUM LOT COVERAGEThe percentage of lot area which may be occupied by the ground floor area of all primary and accessory buildings.
MINING AND QUARRYINGThe use of land for the purpose of extracting rocks and minerals for sale, exclusive of grading a lot preparatory to the construction of a structure for which a zoning permit has been issued.
MOBILE HOMEA 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.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for placement thereon of mobile homes.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed 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. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA 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.
NURSING HOMES AND OTHER CONVALESCENT HOMESA building with sleeping rooms where persons are housed or lodged and furnished with meals, nursing care for hire, and which is approved for such by the Pennsylvania Department of Public Welfare.
OFFICIAL ZONING MAPThe map setting forth the boundaries of the zoning districts of this chapter and adopted by the Borough Council of the municipality.
OFF-SITE SEWER SERVICEA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
OFF-STREET LOADING SPACEA space not located within any street right-of-way used by motor vehicles for the temporary storage of trucks and other commercial vehicles while loading and unloading merchandise or materials.
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
ON-SITE SEWER SERVICEA sanitary sewage disposal system in which sewage is treated and discharged on the same lot as the use which it serves.
PARKING BAYA row of parking spaces abutting one another along the length of each space.
PARKING LOTA facility providing off-street parking space for five or more motor vehicles.
PERMANENT FOUNDATIONA permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such foundation shall be constructed to leave no unnecessary open space between the mobile home and the foundation, except for windows or other openings as might be necessary for purposes such as floodproofing.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.
PLANNING AGENCYA planning commission, planning department, or a planning committee of the governing body.
PLANNING COMMITTEEThe planning committee established for this municipality pursuant to Article
II of the Pennsylvania Municipalities Planning Code.
Any lot and any structure constructed thereon.
PRIVATENot publicly owned, operated or controlled by a governmental unit or a governmental agency.
PUBLICOwned, operated, or controlled by a governmental unit or a governmental agency.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this act.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITY FACILITYFor the purpose of this chapter, electric substations, automatic telephone exchanges, micro-relay stations and the like (but excluding public sewer and water facilities, communications towers) and any other public utility corporation when exempted from the provisions of this chapter by state law.
RENEWABLE ENERGY SOURCEAny method, process or substances whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
RIDING STABLE AND ACADEMYAn establishment where horses are kept for riding or driving or are stabled for compensation as part of a club, association, ranch or similar establishment.
RIGHT-OF-WAYA corridor of land set aside for use, in whole or in part, by a street.
RUNOFFThe surface water discharge or rate of discharge of a given watershed after a fall of rain, snow or other form of precipitation that does not enter the soil but runs off the surface of the land.
SCHOOLAny place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania.
SEASONAL COTTAGE SEASONAL DWELLINGA single-family detached dwelling used for seasonal and temporary living purposes during any season by persons engaged in recreational pursuits.
SEDIMENTATIONThe process by which mineral or organic matter is accumulated or deposited by the movement of wind or water, or by gravity.
SHOPPING CENTERA group of two or more primary uses or structures used for retail sales and service occupying a lot in single ownership.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code.
Land whose slope (surfaces at all angles to the plane of the horizon) is 25% or more (a vertical difference of 25 feet or more per 100 feet of horizontal difference).
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINEThe dividing line between a street and the lot; includes right-of-way line and front lot line.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL IMPROVEMENTAny modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount 50% or more of its market value, either:
A. Before the improvement, modification or repair is started; or
If the structure has been damaged and is being restored, before the damage occurred.
SUBSTANTIALLY COMPLETEDWhere, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code) of those improvements required as a condition for final approval have been completed in accordance with the approved plan.
SUMMER COTTAGEA single-family detached dwelling used for seasonal and temporary living purposes during any season by persons engaged in recreational pursuits.
SUMMER SPORTS AREAAn establishment or facility providing outdoor recreation during the summer or warm weather period of the year, such as golf course, golf ball driving ranges, batting cages, baseball, football, soccer and other sports playing fields.
TEMPORARY USEA use permitted for a fixed period of time with the obligation and intent to discontinue the use at the end of such time. Such uses do not involve the construction or alteration of any permanent structure.
TOURIST HOMEA single-family dwelling in which overnight accommodations are provided as offered for transient guests for compensation and where the provider of accommodations resides in the dwelling.
TRANSFERABLE DEVELOPMENT RIGHTSThe attaching of development rights to specific rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
USEAny purpose for which a lot or structure may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a structure on a lot.
B. ACCESSORY USEThe use of land which is: customarily incidental; and inferior, secondary and subordinate to the primary use, and located on the same lot with such unless specifically permitted elsewhere herein.
VARIANCERelief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code.
The use of land and structure or part thereof, which is open to the general public and designed for the dissemination of information. Such information may include, but shall not be limited to, exhibits, maps, brochures, pamphlets, and similar items.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface-water resources within a municipality.
WINTER SPORTS AREAAn establishment or facility providing outdoor recreation during the winter, such as skiing, sledding, and skating.
YARDAn unoccupied space, open to the sky, extending from the lot line to a structure. The size of a required yard shall be measured as the shortest distance between the structure and lot line.
A. FRONT YARDThe yard extending the full length of the front lot line.
SIDE YARDA yard extending along the side lot line from the required front yard to the required rear yard setback area.
REAR YARDThe yard extending the full length of the rear lot line.
BUFFER YARDA yard covered with vegetation and designed to provide an area of separation between different districts or uses.
YARD SETBACK AREAAn area bounded by a lot line and a line drawn parallel to the lot line at a distance specified in this chapter for front, side, or rear yard setbacks.