Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
this chapter. Words used in the present tense include the future;
the singular number shall include the plural, and the plural the singular;
the word "building" shall include the word "structure"; the word "used"
shall include "arranged, designed, constructed, altered, converted,
rented, leased or intended to be used"; the word "shall" is mandatory
and not optional; the word "abut" shall include the words "directly
across from."
As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
Any person who can show written proof that he has authority
to act for the property owner.
A public thoroughfare which affords only a secondary means
of access to abutting property.
Any change in the structural members of a building, such
as walls, columns, beams or girders.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicles trade at retail and where the following
services may be rendered:
Minor repair:
Sale and servicing of spark plugs and batteries.
Tire repair and servicing, no recapping.
Replacement of mufflers and tailpipes, water
hose, fan belts, brake and transmission fluids, light bulbs, floor
mats, seat covers (where this shall not be the principal use), windshield
wipers, grease retainers and wheel bearings.
Radiator cleaning and flushing.
Washing and polishing, not including mechanical
and/or automatic car wash establishments.
Installation of fuel pumps and fuel lines.
Minor servicing and replacement of carburetors.
Adjustment and installation of brakes.
Tuning engines, except for grinding valves,
cleaning carbon or removing the head of engines and/or crankcases.
Greasing and lubrication.
Emergency wiring repairs.
Any similar minor service or repair not listed
below under "major repair."
Major repair. In addition to those repairs and
services listed above as "minor repair," any general repair, rebuilding
or reconditioning not listed above; collision service including body,
frame or fender straightening or repair; painting or paint shops;
mechanical car wash establishments; but not including any operations
which require the heating or burning of rubber.
The dismantling or disassembling of used motor vehicles or
trailers; or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
Bakeries which are first permitted in the C-1 District, including
such baking establishments which manufacture quantities of goods for
retail only on the premises.
An area of the building having its floor subgrade (below
ground level) on all sides.
The Zoning Hearing Board of the Borough of Danville.
The Borough Council of the Borough of Danville.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property. Included shall be all manufactured homes and
trailers to be used for human habitation. When such a structure is
divided into separate parts by one or more unpierced walls extending
from the ground up, each part is deemed a separate building, except
as regards minimum side yard requirements.[1]
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls extending from the ground
up.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, elevator penthouses, tanks and similar projections.
A building in which is conducted the principal use of the
building site on which it is situated. In any residential district,
any dwelling shall be deemed to be a principal building on the zone
lot on which the same is located.
Organizations that have secured status as a private, nonprofit
organization under Section 501(c)3 of the Federal Internal Revenue
Code.
[Added 12-9-2002 by Ord. No. 448]
An area to be developed as a single entity according to a
plan containing residential housing units in which the individual
lots have a common or public open space as an appurtenance. Such common
or public open space shall be assured of continued operation and maintenance
either through the dedication of such area to the municipality and
the municipality's acceptance thereof or through the creation of a
homeowners' association or the developer's acceptance of such responsibility,
including such legally binding agreements as may be required to achieve
such assurances.
Any vehicle other than a private passenger vehicle, including
trucks, trailers and construction equipment.
The Borough Planning Commission of the Borough of Danville.
A use which because of its unique characteristics requires
individual consideration in each case by the governing body. In accordance
with the provisions of this chapter, the governing body may require
certain conditions and safeguards before such a use is permitted.
[Added 5-5-2009 by Ord. No. 496]
Any open, unoccupied area which is bounded by three or more
attached building walls.
Include animals, fish and birds which are generally considered
to be domestic animals, such as hamsters, dogs, cats and birds, including
ducks which shall not be for human consumption. Farm fowl such as
chickens and turkeys and other farm animals not specifically designated
shall not be considered as "customary household pets."
CHILD DAY-CARE CENTERA day-care center is a state licensed facility in which care is provided for seven or more children at any one time, where the child-care areas are not being used as a family residence.
FAMILY DAY-CARE HOMEAny state-registered premises other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to four, five or six children who are not relatives of the caregiver, provided that such facility is registered by the Pennsylvania Department of Public Welfare.
GROUP DAY-CARE HOMEA facility with a Pennsylvania Certificate of Compliance in which care is provided for more than six but fewer than 12 children, at any one time, if care is provided in a facility where the child-care areas are being used as a family residence.
Within any large-scale development, the developer may select
a portion of the entire approved large-scale development area to be
developed in stages or phases; any such area shall be considered as
a "development section."
A district or a zone shall be any portion of the territory
of the municipality within which certain uniform regulations and requirements
or various combinations thereof apply under the provisions of this
chapter.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of a family, except as otherwise
provided herein. The use of any building or portion thereof for congregate
housing for a halfway house, juvenile delinquents, convicts, ex-convicts
or other alternative forms of incarceration, an emergency shelter
or mission or for the housing of transient persons or other similar
uses shall not constitute a "dwelling."
DWELLING, SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING, TOWNHOUSEA townhouse shall include a group of not more than eight single-family attached dwellings separated from each other by common walls, where each unit contains a separate and private entrance to the outside.
DWELLING, GARDEN APARTMENTSA group of rental units, generally under single ownership (but a condominium is not precluded) where there shall not be more than eight dwelling units contained within each structure; such structures containing garden apartment units are generally less than four stories in height although in the municipality they shall not exceed a height of 2.5 stories or 35 feet.
DWELLING GROUPA group of two or more residential buildings on a single zone lot.
DWELLING, MULTIFAMILYA structure containing three or more dwelling units, including but not limited to garden apartments, condominiums and townhouses.
Any structure which shall contain one or more dwelling units,
not including a hotel, hospital, nursing home, dormitory, fraternity
or sorority house, rooming house or boardinghouse.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.[2]
Housing designed and used exclusively for persons 60 years
of age or older.
[Added 6-14-2005 by Ord. No. 467]
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic light signals,
hydrants and other similar equipment and accessories in connection
therewith reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, including buildings,
but not including sanitary landfills or other means of solid waste
disposal.
Any number of individuals living together as a single housekeeping
unit and doing their cooking on the premises, as distinguished from
a group occupying a boarding or rooming house or hotel. Notwithstanding
the definition in the preceding sentence, a "family" shall also be
deemed to include unrelated persons occupying a dwelling unit and
living as a single, nonprofit housekeeping unit, if said occupants
are handicapped persons, as defined herein. Such unrelated individuals
shall have the right to occupy a dwelling unit in the same manner
and to the same extent as any family unit as defined in the first
sentence of this definition. A "family" does not include a group living
in a boardinghouse or hotel or fraternities, sororities and clubs
or other forms of congregate living arrangements, such as nursing
homes and personal care homes, except as otherwise provided herein.
[Amended 12-9-2002 by Ord. No. 448]
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy or to protect
the property so screened or divided or to define and mark the property
line of any front, side or rear lot line; for the purpose of this
chapter, a freestanding masonry wall when so located is considered
to be a "fence"; also, for the purpose of this chapter, when the term
"lot line" is used in relation to fences, it shall be synonymous with
"rear yard lot lines," "side yard lot lines" and "front yard lot lines."
The remaining portions of a floodplain which are located
outside of the floodway as indicated in the Flood Insurance Study
(FIS) dated May 16, 2008 and the accompanying maps or the most recent
revision thereof as issued by the Federal Emergency Management Agency.[3]
The areas identified in the Flood Insurance Study (FIS) dated
May 16, 2008 and the accompanying maps or the most recent revision
thereof as issued by the Federal Emergency Management Agency. When
available, information from other federal, state and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain areas which
is nearest the construction site in question.[4]
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a one-hundred-year flood.
The areas identified as "floodway" in the Flood Insurance Study (FIS)
dated May 16, 2008 and the accompanying maps or the most recent revision
thereof as issued by the Federal Emergency Management Agency.[5]
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service type of uses, shall mean the gross floor area used or intended
to be used by tenants or for service to the public as customers, patrons,
clients or patients, including areas occupied by fixtures and equipment
used for display or sales or merchandise. It shall not include areas
used principally for nonpublic purposes such as storage, incidental
repair, processing or packaging of merchandise, for shop windows,
for offices incident to the management or maintenance of stores or
buildings, for toilet or rest rooms, for utilities or for dressing
rooms, fitting or alteration rooms.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added 12-9-2002 by Ord. No. 448]
A detached accessory building or a portion of a principal
building used only for the storage of automobiles by the families
resident upon the premises, provided that such garage shall not be
used for storage of more than one commercial vehicle per family, and
such vehicle shall not exceed a one-ton rated capacity.
A structure or portion thereof, other than a private garage,
used for the storage, sale, hire, care, repair or refinishing of automobiles,
not including a structure or part thereof used only for storage or
display of automobiles for other than transients.
The Borough Council of the Borough of Danville.
A dwelling shared by handicapped persons, including resident
staff, who live together as a single housekeeping unit and in a long-term,
family-like environment in which staff persons residing on the premises
provide care, education and participation in community activities
for the residents with the primary goal of enabling the residents
to live as independently as possible in order to reach their maximum
potential. The term "group home for the handicapped" shall not include
alcoholism or drug treatment center, work-release facilities for convicts
or ex-convicts or other housing facilities serving as an alternative
to incarceration.
[Amended 12-9-2002 by Ord. No. 448]
A licensed home for inmates on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive
custodial confinement, wherein supervision, rehabilitation and counseling
are provided to mainstream residents back into society, enabling them
to live independently.
As used herein, regarding "group home for the
handicapped," the term "handicapped" shall mean having:
However, "handicapped" shall not include current
illegal use of or addiction to a controlled substance, nor shall it
include any person whose residency in the home would constitute a
direct threat to the health and safety of other individuals.
Health care facilities consist of several different types
of facilities such as hospitals, medical centers, nursing homes, hospice
institutions, personal care facilities, and other similar uses where
people can receive medical treatment and related support services
due to their inability to meet their own physical care needs. Rooming
and boarding houses, and drug rehabilitation facilities and drug treatment
centers other than for the medical treatment of persons requiring
medical treatment for traumatic conditions resulting from overdosing
on controlled substances, are not considered to be health care facilities.
[Added 12-9-2002 by Ord. No. 448]
A building designed for occupancy as the temporary residence
of individuals who are lodged with or without meals and in which no
provision is made for cooking in individual rooms or suites.
The one-hundred-year flood area as indicated in the Flood
Insurance Study (FIS) dated May 16, 2008 and the accompanying maps
or the most recent revision thereof as issued by the Federal Emergency
Management Agency.[6]
The coverage of land by buildings and other impervious materials
such as asphalt.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, vehicles or parts thereof,
with or without the dismantling, processing, salvage, sale or other
use or disposition of the same. The deposit or storage on a lot of
two or more wrecked or disabled vehicles, or the major part thereof,
without current inspection stickers shall be deemed to be a "junkyard";
provided, however, that such use shall not be deemed to be a "junkyard"
if they are stored in an enclosed building.
COMMERCIALA large-scale commercial development shall be planned for a site of not less than three acres.
MANUFACTURINGA large-scale manufacturing development shall be planned for a site of not less than 10 acres.
RESIDENTIALA large-scale residential development shall be planned for a site of not less than three acres.
A highway designed in such a manner so as to provide no direct
access to properties abutting its right-of-way and including all highways
designated as limited access highways by the Planning Commission.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
LOT, DEPTHThe mean horizontal distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe ultimate right-of-way line of the street or road.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.
LOT WIDTHThe mean width of the lot measured at right angles to its depth; such a line along which the minimum lot frontage shall be measured at a point which shall coincide with the building set back or front yard line.
LOT AREAThe computed area contained within the lot lines and the ultimate right-of-way line. The area within the right-of-way shall not be computed as part of the lot area.
When located within any delineated floodplain area and for
the purpose of floodplain management, the words "mobile home" shall
be replaced with the words "manufactured home." The term "manufactured
home" is defined as a transportable, single-family dwelling intended
for permanent occupancy, office or place of assembly, contained in
one or more sections, built on a permanent chassis, 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 with or without a permanent foundation. The term does include
park trailers, travel trailers or other similar vehicles which are
placed on a site for more than 180 consecutive days.
When located within any delineated floodplain area and for
the purpose of floodplain management, the words "mobile home park"
shall be replaced with the words "manufactured home park." The term
"manufactured home park" is defined as a parcel of land under single
ownership which has been planned and improved for the placement of
two or more manufactured homes for nontransient use.
A series of attached or semiattached dwelling structures,
where each unit has convenient access to parking space for the use
of the units' occupants. The units, with the exception of the manager's
office or caretaker's unit, are designed to provide sleeping accommodations
for automobile transients or overnight guests.
The Borough of Danville.
Total acreage excluding any area within a public right-of-way.
The net land area of any development parcel shall include
only the area contained within the property line and the ultimate
right-of-way line. The area within the right-of-way (public right-of-way
or other thoroughfare) shall not be computed as part of the net land
area.[7]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this 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.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions set
forth herein or any 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 reasons of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions set forth herein or any 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 chapter or amendment to its location by reason
of annexation.
Any premises where persons are lodged and furnished with
meals and nursing care.
A flood having an average frequency of occurrence on the
order of once in 100 years and as indicated in the Flood Insurance
Study (FIS) dated May 16, 2008 and the accompanying maps or the most
recent revision thereof as issued by the Federal Emergency Management
Agency.[8]
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.[9]
An open area for the same uses as a private garage and regulated
as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance for supervision in matters such as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency, medication prescribed for self-administration.
[Added 12-9-2002 by Ord. No. 448]
A person, unrelated to the licensee who resides in a personal
care home and who may require and receive personal care services but
does not require the level of care provided by a hospital or long-term
care facility.
[Added 12-9-2002 by Ord. No. 448]
Assistance or supervision in matters, such as dressing, bathing,
diet, financial management, evacuation of a resident in the event
of an emergency, or medication prescribed for self-administration.
[Added 12-9-2002 by Ord. No. 448]
The Planning Commission of the Borough of Danville.
The area occupied by a business or other enterprise. When
more than one business or enterprise occupies a single building on
the ground floor, each business area shall be considered a separate
premises. Businesses or other enterprises which occupy other floors
shall be considered separate premises.
The office of a member of a recognized profession. When conducted
in a residential district, a professional office shall be incidental
to the residential occupancy, shall be conducted by a member of the
residential family entirely within a residential building and shall
include only the offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, professional engineers,
lawyers, artists, authors and such other similar professional occupations
which may be so designated by the Zoning Hearing Board upon finding
by the Board that such occupation is truly professional in character
by virtue of the need for similar training and experience as a condition
for the practice thereof and that the practice of such occupation
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in any zone to a greater extent than for the professional
activities listed herein. The issuance of a state or local license
for regulation of any gainful occupation need not be deemed indicative
of professional standing.
Uses which provide government services as well as private
organizations which provide service to the public on a not-for-profit
basis.
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE NONCOMMERCIALClubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such organization.
RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the municipality, any other governmental entity or any nonprofit organization and open to the general public.
A flood having an average frequency of occurrence on the
order of once in 100 years and as indicated in the Flood Insurance
Study (FIS) dated May 16, 2008 and the accompanying maps or the most
recent revision thereof as issued by the Federal Emergency Management
Agency.[10]
The one-hundred-year flood elevation as indicated in the
most recent revision of the Flood Insurance Study (FIS) dated May
16, 2008 and the accompanying maps or the most recent revision thereof
as issued by the Federal Emergency Management Agency.[11]
A building containing nonresidential uses, with dwellings
above the first story.
A building containing a single dwelling unit and rooms for
the rooming and/or boarding of not more than 10 persons, by prearrangement
for a definite period of not less than one month. A rooming house
does not include a congregate housing facility for persons housed
as an alternative to incarceration or persons afflicted with and/or
being treated for addiction to a controlled substance.
A sanitary landfill is considered to be any facility devoted
to the storage and/or disposal of solid wastes pursuant to the regulations
of the Pennsylvania Department of Environmental Protection governing
sanitary landfills.
A detached dwelling not designed for year-round use by virtue
of the absence of central heating and similar facilities.
A line established by the subdivision regulations[12] and/or Zoning Ordinance generally parallel with and measured
from the lot line, defining the limits of a yard in which no building
or structure may be located above ground, except as may be provided
in said codes.
A group of retail stores planned and designed to function
as a unit and having off-street parking as an integral component of
the unit.
A cohesive unit of stores or other commercial businesses
arranged and constructed according to a plan and contained within
the same parcel of land.
A structure, device, light or natural object (including the
ground itself or any device attached thereto or painted or represented
thereon) which shall be used to identify, advertise or attract attention
to any object, product, place, activity, person, institution, organization,
firm, group, commodity, profession, enterprise, industry or business
or which shall display or include any letter, word, model, number,
banner, flag, pennant, insignia, device or representation used as
an announcement, direction or advertisement. For the purposes of this
chapter, the word "sign" shall include all signs which can be seen
or are intended to be seen from any public right-of-way either on
or off the premises. No interior sign shall be required to conform
to these regulations.
A sign erected on and/or related to the use of a property
which becomes vacant and unoccupied for a period of six months or
more or any sign which no longer advertises a bona fide business conducted
or product sold on the premises or which relates to a time, event
or purpose which has passed.
A sign displaying the street number and/or name of the occupant(s)
for each premises.
Equivalent to a period of six months beginning on the day
that a sign application is submitted to the Zoning Officer and includes
all business and outdoor advertising signs applied for within such
six-month period.
The sign area shall be considered 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.
A sign painted on or attached to a fixed or movable framework,
which is attached directly to a building wall.
A temporary or permanent sign made of a fabric or fabric-like
material which may be freely hanging or attached at all corners.
An accessory bulletin or announcement board describing the
public events of a community organization, institution or public facility
or describing the names and locations of community businesses.
A sign located on a construction site which identifies the
project name and which provides other information pertinent to the
project developer(s), contractor(s), consultant(s) and lender(s).
A sign that indicates the distance and direction to any business,
institution, public building or parking area.
Any sign affixed to the exterior of any building or structure
or to the windows or doors of a building or placed in or mounted on
the ground, which can and is intended to be seen from any public right-of-way
or parking lot.
A sign supported by one or more uprights, poles, posts or
braces placed in or upon the ground in a fixed location and not attached
to any building or structure.
A sign that is artificially illuminated, either internally
or externally, by means of electricity, gas, reflective or fluorescent
paint.
Identifying letters, symbols, designs or characters attached
to an awning, marquee, roof, building surface, wall or signboard.
Any sign mounted within a building which can and is primarily
intended to be seen from within the building.
A sign painted on or attached to a permanent overhanging
shelter which projects from the wall or surface of a building.
A billboard sign which contains a message unrelated to a
business or profession conducted upon the premises where such sign
is located or which is unrelated to a commodity, service or entertainment
sold or offered upon the premises where such sign is located.
A sign intended to be used for a period greater than 30 days.
A sign intended to influence the vote of the electorate on
a law, statute, ordinance, amendment, rule, regulation or other measure
or on the nomination or election of a candidate for any public office.
Any sign intended to advertise merchandise, events, specials
or sales and which is not fastened to a building, structure or to
the ground and is readily movable.
A sign identifying a home occupation or a professional office as defined in § 260-39.
A sign which projects at an angle from and is supported by
a wall of a building.
A sign located for the purpose of providing a public service
message or directions toward a use not readily visible from a public
street, e.g., public rest rooms, telephone, parking, business district.
A sign advertising a property for sale, for rent or having
been sold or rented.
Any sign erected and maintained wholly upon or over the roof
of any building or painted directly upon an existing roof surface.
A sign which displays the name of the shopping plaza only.
A sign intended to be used for a period of 30 days or less,
announcing an event or advertising a special limited time offer not
normally available on the premises.
A sign which is mounted to an exterior wall or other vertical
surface of a building or structure or which is painted directly upon
a building or structure.
A permanent sign painted on or attached to the inside or
outside glass of a window or suspended within a window so as to be
visible from the public right-of-way.
A use which because of its unique characteristics requires individual consideration in each case by the Zoning Hearing Board as specified in Articles IX and X, before it may be permitted in the district enumerated in Article III. In accordance with the provisions of this chapter, the Zoning Hearing Board may require certain conditions and safeguards before such a use is permitted.
Special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks or subdivisions and substantial
improvements to such existing manufactured home park or subdivision
when such development is located partly or entirely within a designated
floodplain.
That portion of a building, included between the surface
of any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
above it.
STORY, HALFA partial story under gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story shall not be used for residential purposes, other than for a janitor or caretaker or his family.
STORY, FIRSTThe lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
A public or private thoroughfare not less than 30 feet in
width if in existence prior to the passage of this chapter nor less
than 50 feet in width if established subsequent to the passage of
this chapter which affords the principal means of access to abutting
property, including avenue, place, way, drive, lane, boulevard, highway,
road and any other thoroughfares except an alley.
SIDE STREETAny street, the length of which shall be not more than 50% of the length of the largest street line of the municipality's blocks of which it is part.
RESIDENTIAL STREETA street between two intersecting streets upon which an R District abuts or where 50% or more of the abutting street frontage is in predominantly residential use.
Other street classifications:
ARTERIALSThose serving large volumes of comparatively high-speed and long-distance traffic, and which include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation, and include streets classified as arterial thoroughfares or primary streets in the Traffic Plan set forth in the municipality's Comprehensive Plan.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept facilities and provide routes to community facilities and to major traffic streets, and include streets classified as secondary streets in the Traffic Plan set forth in the municipality's Comprehensive Plan.
HALF OR PARTIAL STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
LOCAL ACCESS STREETS INCLUDING MINOR STREETSThose used primarily to provide access to abutting property.
MARGINAL ACCESS STREETSMinor streets parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
MAJOR STREETSAll streets other than local access streets or marginal access streets.
Any change in the structural members of a building, such
as walls, beams, columns or girders.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.[13]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the repair or improvement is started or, if
the structure has been damaged and is being restored, before the damage
occurred.
A device attached to a building, structure, or telecommunications
tower principally intended for receipt or transmission of signals
for such uses as commercial or public VHF or UHF television, FM radio,
two-way radio, commercial carriers, cellular telephone, fixed-point
microwave, lower-power television or AM radio, including accessory
equipment related to telecommunications. Not included are antennas
for private, noncommercial and amateur purposes, including but not
limited to ham radios and citizens band radios.
[Added 12-9-2002 by Ord. No. 448]
Facilities used for transmitting or retransmitting electronic
signals, including, but not limited to, the transmission of commercial
radio or television signals or cellular telephone communications.
TV satellite disc antenna is not included under this category of use.
[Added 12-9-2002 by Ord. No. 448]
Antennas for private, noncommercial and amateur purposes, including TV satellite dish antennae as regulated in § 260-38.
[Added 12-9-2002 by Ord. No. 448]
The building in which electromagnetic receiving and relay
equipment for a telecommunications tower is housed.
[Added 12-9-2002 by Ord. No. 448]
A freestanding structure, including any guy wires, principally
intended to support facilities for receipt or transmission of signals
for uses such as commercial or public VHF or UHF television, FM radio,
two-way radio, commercial carriers, cellular telephone, fixed-point
microwave, low-power television, or AM radio, including accessory
equipment related to telecommunications. Not included are towers and
supportive structures for private, noncommercial and amateur purposes
including but not limited to ham radios and citizens band radios.
[Added 12-9-2002 by Ord. No. 448]
Transient housing facilities shall include halfway houses,
emergency shelters or missions and other types of housing facilities
which are to be occupied on a temporary basis, such as a fixed period
of time. Such housing shall be distinguished from housing occupied
by a family in that family occupancy equates to an indefinite occupancy
period.
Any person conducting a transient retail business.[14]
A business conducted in a store, hotel, motel, house, building
or structure for the sale at retail of goods, wares or merchandise,
and which is intended to be conducted for a temporary period of time
and not permanently. If the place in which the business is to be conducted
is rented, leased or occupied for a period of six months or less,
such a fact shall be presumptive evidence that the business carried
on therein is a "transient retail business."[15]
A vehicle less than 30 feet in length and used for temporary
living or sleeping purposes and standing on wheels.
The regulation of truck parking in R Districts as set forth in § 260-32F hereof shall apply to any cargo-type over-the-road vehicle over four tons with more than four wheels and to any vehicle which is utilized for the collection or storage of solid waste.
The full width of the road designated by the governing body
to be the minimum required width of any public right-of-way.
The Zoning Hearing Board may authorize departure to a minor
degree from the terms of this chapter in direct regard to hardship
peculiar to an individual lot in accordance with the procedures set
forth in the chapter.
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
YARD, FRONTAn open space extending the full width of the lot between the front of the building and the ultimate right-of-way line unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, REARAn open space extending the full width of the lot, between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
The Zoning Hearing Board of the Borough of Danville.
The Zoning Map or Maps of the Borough of Danville, Pennsylvania,
dated May 1996, together with all amendments subsequently adopted.
The administrative officer, appointed by the governing body,
who shall administer and enforce the provisions of this chapter.
