The following words and phrases shall have the particular meaning
specified for the purpose of interpreting this chapter:
ACCESS
A means of providing vehicular or pedestrian ingress and
egress to and from a property.
ACCESSORY USE OR STRUCTURE
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and that may occupy a separate structure
and/or area on or in the ground, including, but not limited to, storage
sheds or other storage structures; off-street parking; signs; off-street
loading; gazebos; children's playhouses; greenhouses for personal
use; garages; carports; swimming pools; attached and detached decks;
fences and similar structures.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser disc players or other image-producing devices
are maintained, not located within viewing booths, to show images
to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of nudity or sexual conduct, as defined herein.
ADULT BOOKSTORE
An establishment having a substantial or significant portion
of its stock and trade in, or an establishment that as one of its
principal business purposes offers for sale or rental, any of the
following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
CD-ROM discs or other computer software, and other visual representations
that are distinguished or characterized by their emphasis on matter
depicting, describing or relating to nudity or sexual conduct, as
defined herein, and in conjunction therewith may have viewing booths
or other facilities for the presentation of adult entertainment for
observation by patrons; or
B.
Instruments, devices or paraphernalia that are designed for
use in connection with nudity or sexual conduct, as defined herein.
ADULT BUSINESS
Any of the following uses, as defined herein: adult arcade,
adult bookstore, adult cabaret, adult novelty store, adult video store,
adult live theater, adult mini motion-picture theater, adult motel,
adult motion-picture theater, adult newsrack, adult nightclub, bath
house, body painting studio, drug paraphernalia stores, escort service,
massage parlor, nude model studio or sexual encounter or meditation
center; and any other use of a premises, not specifically defined
herein, that includes or primarily offers to its patrons or members
retail goods, commercial services or entertainment that is characterized
by an emphasis on matter or activities depicting, describing or relating
to nudity or sexual conduct, as defined herein.
ADULT CABARET
A club, restaurant, theater, hall or similar place which
features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers exhibiting nudity
or sexual conduct, as defined herein.
ADULT ENTERTAINMENT
Movies, videos, still or motion pictures, photographs, slides,
films or other visual representation, books, magazines or other printed
material or live dramatic, musical or dance performances that are
sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATER
Any commercial establishment which features live shows for
public viewing in which all, or some, of the performers are displaying
nudity or engaging in sexual conduct, as defined herein.
ADULT MINI-MOTION-PICTURE THEATER
A completely enclosed building, as defined herein, with a
capacity for accommodating fewer than 50 persons, used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to nudity or sexual conduct, as defined herein.
ADULT MOTEL
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein.
ADULT MOTION-PICTURE THEATER
A completely enclosed building, as defined herein, with a
capacity for accommodating 50 or more persons used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to nudity or sexual conduct, as defined herein,
for observation by patrons therein.
ADULT NEWSRACK
Any coin-operated machine or device that dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
ADULT NIGHTCLUB
Any establishment which serves food and/or beverages, including
private clubs, whether or not the consumption of alcoholic beverages
is allowed on the premises, which offers entertainment, either live
or recorded, which exhibits nudity or sexual conduct, as defined herein,
or which provides service by wait persons who exhibit nudity or sexual
conduct, as defined herein.
ADULT NOVELTY STORE
Any commercial establishment offering one or more of the
following items for sale to the general public: apparel, accessories
and performance aids used to enhance or participate in sexual conduct,
as defined herein.
ADULT VIDEO STORE
Any commercial establishment where more than 5% of the inventory
offered for sale or rental to the public consists of films, tapes,
DVDs or other visual media that depict nudity or sexual conduct, as
defined herein.
AGRICULTURE
Any principal or accessory use of land or structures for
farming, dairying, pasturage, agriculture, horticulture, floriculture,
arboriculture, or animal or poultry husbandry. Accessory uses permitted
in conjunction with agriculture may include barns, stables, corn cribs,
silos and other uses or structures that are clearly related to an
agricultural operation.
AISLE
A paved area of a minimum width specified by this chapter
that provides direct access to one or two rows of parking spaces and
connects those parking spaces with the driveways that provide circulation
through a parking area.
ALTERATION
A.
Any change, rearrangement or addition to or any relocation of
a building or structure.
B.
Any modification in construction features or equipment utilized.
APARTMENT
See "dwelling types," Subsection C, Multifamily dwelling.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Any application, whether preliminary 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.
ART STUDIO
See "studio, art, music or photography."
ASSISTED-LIVING FACILITY
A residential building or group of buildings designed to
provide multifamily dwelling units for elderly or physically or mentally
disabled persons who are independently mobile and are not in need
of the level of service provided by a personal-care boarding home,
but that provides on-site supervision and assistance available to
the residents on an occasional, "as-needed" basis, and where at least
one meal each day is provided in a common dining area. Because of
the common dining facilities, dwelling units may not be designed to
include a full kitchen; however, they are designed with certain additional
features associated with the needs of the elderly that are not customary
in the construction of conventional multifamily dwelling units, such
as emergency call systems, common dining facilities, common laundry
facilities, minimal housekeeping services, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
AUTOMOBILE SERVICE STATION
A retail establishment that provides for one or more of the
following activities:
A.
The servicing of motor vehicles and operations incidental thereto
and limited to the retail sale of petroleum products, and that may
include one or more of the following activities: retail sales and
installation of automotive accessories; automobile washing by hand;
undercoating and rustproofing; waxing and polishing of automobiles;
tire changing and repairing (excluding recapping); battery service,
changing and replacement, excluding repair and rebuilding; radiator
cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; and state inspection; and/or
B.
The following operations, if conducted within a completely enclosed
building, as defined by this chapter: lubrication of motor vehicles;
replacement of exhaust systems; brake servicing limited to servicing
and replacement of brake cylinders, lines and brake shoes; wheel balancing;
the testing, adjustment and replacement or servicing of carburetors,
filters, generators, points, rotors, spark plugs, voltage regulators,
water and fuel pumps, water hoses and wiring; and/or
C.
The operation of a convenience food store, provided retail sale
of petroleum products is a part of the operation.
BAKERY
A retail establishment that sells baked goods, including
the baking of goods when prepared for retail sales on the premises
only and not for distribution to another retail outlet.
BAKERY, COMMERCIAL
A retail or wholesale establishment which sells baked goods
to businesses and which may sell to the general public and which involves
on-site processing of baked goods, either for sale on the premises
and/or for delivery to other retail or wholesale outlets.
BATH HOUSE
An establishment that provides baths of all kinds, including
methods of hydrotherapy involving nudity or sexual conduct, as defined
herein, but not including hydrotherapy treatment practiced by or under
the supervision of a medical practitioner, such as a medical doctor,
physician, chiropractor or similar professional licensed by the Commonwealth
of Pennsylvania.
BED-AND-BREAKFAST
A dwelling that is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal served and included
with the overnight accommodations is breakfast.
BEVERAGE DISTRIBUTOR
An establishment, licensed by the commonwealth for retail
and wholesale sales by the case to businesses and the general public
of beer and other malt beverages, soft drinks and snacks, but not
including the sale of wine or liquor.
BIKING/HIKING TRAIL
A paved or unpaved pathway used for walking or traveling
by bicycle for exercise or recreation where motorized vehicles are
prohibited except for emergency vehicles or maintenance vehicles.
BILLBOARD
As defined in §
220-117.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BOARD
All references to "the Board" are to the Zoning Hearing Board
created by this chapter.
BOAT RENTAL, SALES AND SERVICE
A retail business devoted to the selling and servicing of
motorized and nonmotorized pleasure craft, including the equipment
and accessories necessary to the towing, use and operation of the
boat.
BODY PAINTING STUDIO
Any establishment that provides the service of applying paint
or other substance, whether transparent or nontransparent, to or on
the human body in a state of nudity, as defined herein.
BUFFER AREA
A landscaped area of a certain depth specified by this chapter
that shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material or an existing
natural or constructed natural barrier which may be determined by
City Council to duplicate the effect of the required buffer area.
BUILDING
Any permanent structure having a roof supported by columns
or by walls erected permanently and intended for the shelter, housing
and/or enclosure of persons, animals or other property. (See also
"completely enclosed building.")
BUILDING CODE OFFICIAL
See "Building Inspector."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BUILDING FOOTPRINT
The area of the lot expressed in square feet that is covered
by the ground floor of a building, measured between exterior faces
of walls. If the floor area of any upper floor exceeds the floor area
of the ground floor by more than 10%, the upper floor shall be used
to determine the building footprint.
BUILDING INSPECTOR
That person appointed by City Council and charged with the
responsibility of administering and enforcing the Uniform Construction
Code (UCC).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BUILDING PERMIT
A permit issued by the City Building Inspector pursuant to
the authority granted by and in conformance with the requirements
of the Uniform Construction Code (UCC).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
BULK FUELING FACILITY
The storage of large quantities of petroleum products for
subsequent transportation and distribution of smaller quantities of
petroleum products to wholesale or retail dealers.
BUSINESS OR PROFESSIONAL OFFICES
Any office of recognized professions, other than medical,
such as lawyers, architects, engineers, real estate brokers, insurance
agents and others who, through training, are qualified to perform
services of a professional nature and other offices used primarily
for accounting, corresponding, research, editing or other administrative
functions, but not including banks or other financial institutions.
(See also "medical offices" and "medical clinic.")
BUSINESS SERVICES
Establishments engaged in providing services to business
offices on a fee or contract basis, including, but not limited to
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services, but not including
the rental, sale or repair of vehicles or heavy equipment.
CAR WASH
A facility, whether automatic, semiautomatic or manual, for
washing and polishing vehicles.
CARPORT
An attached or detached structure to house or protect motor
vehicles, that is open to the weather for at least 40% of the total
area of its sides.
CARTWAY
That portion of the street right-of-way that is surfaced
for vehicular use, excluding curbs and shoulders.
CATERING SERVICE
A business that provides the preparation and serving of food
for businesses, groups or individuals for special occasions, usually
delivered for consumption off the premises, but which may include
a rental hall, if specifically authorized by this chapter in the list
of authorized uses.
CEMETERY
Property used for interring of dead persons or domestic pets,
including mausoleums, columbariums, crematories and funeral homes
when operated in conjunction with and within the boundaries of the
cemetery.
CERTIFICATE OF OCCUPANCY
A document issued by the Code Enforcement Officer indicating
that a premises for which a building permit has been issued is ready
for occupancy and is in compliance with the provisions of this chapter.
CHANGE IN USE OR OCCUPANCY
The discontinuance of a use of a building or lot followed
by the establishment of a different use, whether by the same owner
or tenant or by a new owner or tenant.
CHURCH
A building or buildings, other than a dwelling, used primarily
as a place of worship on a regular basis by a religious denomination
that may also include, as accessory uses, rooms for religious education,
social and recreational activities and administrative offices, rectories,
parsonages, convents, preschool programs and elderly or child day-care
centers.
CLEAR SIGHT TRIANGLE
A triangular area of unobstructed vision between three feet
and seven feet above the adjacent ground level measured from the point
of intersection of the edge of a driveway and the street right-of-way
line or the point of intersection of two street rights-of-way for
the distance required by this chapter. (See illustration in Appendix
A.)
CODE ENFORCEMENT OFFICER
A person appointed by City Council to enforce the provisions
of various chapters of the Code of the City.
COMMERCIAL
A business, enterprise, activity or other undertaking engaged
in for a profit.
COMMERCIAL VEHICLE
A motor vehicle licensed by the Department of Transportation,
Commonwealth of Pennsylvania, having a gross vehicle weight (GVW)
in excess of 10,000 pounds; or any other vehicle either motorized,
self-propelled or designed to be towed by another vehicle for use
in commercial or industrial enterprises, such as air compressors,
welding units and the like; or any and all earthmoving equipment,
such as bulldozers, hi-lifts, backhoes, ditching equipment and the
like.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to omnidirectional or whip antennas, directional or
panel antennas and satellite or microwave dish antennas that may be
mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
COMPARABLE USE NOT SPECIFICALLY LISTED
A use which is not specifically listed in a particular zoning
district, but which is determined by the Zoning Hearing Board in accordance
with the express standards and criteria set forth in this chapter
to be similar in characteristics and impacts to another use which
is specifically listed in the same zoning district as a permitted
use or use by special exception.
COMPLETELY ENCLOSED BUILDING
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roof line, containing
no openings except for windows and doors that are designed so that
they may be closed and any other small openings required for the ventilation
system.
COMPREHENSIVE PLAN
The Comprehensive Plan of the City of Bradford which guides
the physical development of the City and which consists of maps, charts
and textual matter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code (MPC).
CONSTRUCTION TRAILER, TEMPORARY
A structure designed, used or constructed, to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
CONTRACTING BUSINESS
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and that may include the storage of
materials, equipment and vehicles, provided all materials, equipment
and vehicles are stored within a completely enclosed building, as
defined herein.
CONTRACTOR'S YARD
An establishment which may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvements, land development and related services on a contractual
basis, but which involves the storage either indoors or outdoors,
of materials, equipment and vehicles used in the business.
CONVERSION APARTMENT
A dwelling unit created within an existing single-family
dwelling by structurally adapting the structure in accordance with
the provisions of this chapter.
COUNCIL
All references to the "Council" are to the City Council of
the City of Bradford, McKean County, Pennsylvania.
COUNTY
McKean County, Pennsylvania.
CREMATORIUM
An establishment containing a furnace designed to cremate
or reduce to ashes human remains of the deceased.
CUSTOM CRAFT SHOP
An establishment where an artisan practices a trade or handicraft
that may involve the fabricating of finished products from raw materials
on a small scale, not involving any automated production and not employing
more than five persons, including the artisan.
CUSTOM PRINT SHOP
An establishment engaged in offset printing, photolithographing
or similar techniques used to produce T-shirts, greeting cards, invitations,
business cards, calendars, mugs and similar promotional items according
to special designs requested by the customer.
CUTOFF ANGLE
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted. (See Appendix B.)
DAY-CARE CENTER
A facility licensed by the commonwealth in which care is
provided for seven or more children under the age of 16 or handicapped
or elderly persons at any one time, where the day-care areas are not
being used as a family residence.
DAY SPA
A business establishment which provides one or more of the
following services to customers who do not stay overnight on the premises:
massage therapy, facials, body wraps, tanning, steam or sauna baths,
herbal treatments, hair styling, manicure, pedicure, nutritional counseling,
yoga, exercise, aromatherapy, reflexology and relaxation therapy.
DEVELOPER
Any landowner, or 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.
DEVELOPMENT
Any man-made change to an improved or unimproved land or
water area, including, but not limited to construction of buildings
or structures or additions thereto, mining, dredging, filling, grading,
paving, excavation or drilling operations.
DEVELOPMENT PLAN
A graphic and written presentation of a proposed development,
including a plat of subdivision and all provisions relating to use,
location and bulk of buildings and other structures, intensity of
use of density of development, streets, parking facilities, common
open space and public facilities.
DIRECT VEHICULAR ACCESS
A curb cut on or a private driveway leading directly to a
public street right-of-way. In the case of the requirement for direct
vehicular access to an arterial or collector street, the point of
access shall be onto the arterial or collector street without traversing
any other public street right-of-way.
DOMESTIC PETS
Animals or birds customarily found in a dwelling and kept for company or pleasure, including no more than four dogs and/or cats that are more than six months of age; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, excluding any exotic animals, including, but not limited to, lions, tigers, bears, ocelots or other feral cats, large or poisonous snakes, alligators, monkeys or other animals normally found in a zoo; and excluding any horses, pigs, chickens or other fowl or livestock customarily found on a farm, except as may be authorized by Chapter
70 of the Code.
DOMICILIARY CARE
Care provided in the provider's dwelling unit to no more
than three persons aged 18 years or older who need assistance with
daily activities and are unable to live alone, where the provider
and the dwelling unit are certified by the Area Agency on Aging.
DRIVE-THROUGH FACILITY
Any principal or accessory use which involves a window, service
lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services, including, but not limited
to: drive-in or drive-through windows at fast-food restaurants or
other businesses, exterior automated teller machines (ATMs), quick
oil-change facilities, car washes and similar automotive services
and other such facilities.
DRIVEWAY
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
DRUG PARAPHERNALIA STORE
Any retail store selling paraphernalia commonly related to
the use of any drug or narcotic of which the sale, use or possession
of is subject to the provisions of the Controlled Substance, Drug,
Device and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, 51 et seq.,
35 P.S. § 780-101 et seq., including, but not limited to,
water pipes, pipe screens, hashish pipes, roach clips, coke spoons,
bongs and cigarette rolling paper, except that this shall not be deemed
to include the sale of cigarette rolling paper by a store that also
sells loose tobacco or the sale by prescription of implements needed
for the use of prescribed drugs or narcotics.
DRUG STORE
A retail establishment with a gross floor area of 10,000
square feet or more which sells prescription drugs, patent medicines,
surgical and sickroom supplies and which also may sell cosmetics,
household goods and a limited selection of food products.
DRY-CLEANING OR LAUNDRY PICKUP STORE
A retail store where customers drop off and pick up clothing
and household items for dry cleaning or laundering that does not involve
any dry cleaning on the premises, but that may include tailoring or
pressing on the premises.
DWELLING
Any building designed or used as permanent living quarters
for one or more families, but not including hotels, motels or boarding
houses.
DWELLING TYPES
The following dwelling types are included in this chapter:
A.
SINGLE-FAMILY DWELLINGA detached residential building that is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
B.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other or two one-family dwellings having a party wall in common.
C.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more separate dwelling units, including townhouses, garden apartments, mid-rise apartments and high-rise apartments.
D.
GARDEN APARTMENTA multifamily residential building no more than three stories in height containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
E.
MID-RISE APARTMENTA residential building comprised of multifamily dwelling units containing at least four, but no more than six stories.
F.
HIGH-RISE APARTMENTA residential building comprised of multifamily dwellings containing at least seven, but no more than nine stories.
G.
MODULAR DWELLINGA factory-fabricated single-family dwelling that is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together. Such dwellings shall be certified as meeting the minimum standards for manufactured housing in Pennsylvania. Modular dwellings shall be permitted wherever single-family dwellings are allowed, provided they are installed on a permanent foundation and connected to all available utilities.
H.
TOWNHOUSEA multifamily residential building that contains at least three, but no more than eight dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
I.
GUEST HOUSEA small, separate house on the grounds of a larger one, used for accommodating guests.
[Added 3-26-2019 by Ord. No. 3231.2]
DWELLING UNIT
One or more rooms that are used as living quarters for one
family and that have permanent facilities for sleeping, cooking and
eating, as well as sanitary facilities.
EASEMENT
A grant of the specified use of a parcel of land to the public,
a corporation or person in which no permanent structures shall be
permitted without the permission of all parties having rights to the
easement.
EATING OR DRINKING ESTABLISHMENT
Retail businesses selling food and drink for consumption
on the premises, including bars or taverns, fast-service restaurants
and full-service restaurants.
EDUCATIONAL STUDIO
An establishment that provides training to individuals or
groups in specialized recreational activities or avocations, including,
but not limited to, dance, gymnastics, martial arts, photography,
music, arts and crafts and similar pursuits.
EFFECTIVE DATE
The date on which this chapter is duly adopted by the City
or as specified in the ordinance so adopted.
EMPLOYEE CAFETERIA OR DINING ROOM
An eating establishment located within a business establishment
which is restricted to employees of the business establishment and
their invited guests.
ENGINEER
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
ENLARGEMENT
An increase in floor area of an existing building or an increase
in size of an existing structure or an increase in the area of land
used for an existing use that is conducted out of doors.
EQUIPMENT STORAGE YARD
An area of land devoted to the storage, whether temporary
or permanent, of construction equipment, farm equipment or other heavy
equipment or vehicles in excess of 26,000 pounds GVW.
ERECTED
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the erection.
EROSION
The removal of surface materials by the action of natural
elements.
ESCORT SERVICE
A business that provides a service by appointment or upon
request where individuals leave one premises and go to another premises
for a specified period of time for the purpose of engaging in nudity
or sexual conduct as defined herein.
ESSENTIAL SERVICES
The provision by continuous conduit of distribution and collection
systems by public utilities, regulated by the Public Utilities Commission
(PUC) or any agency, franchisee or authority of the City of Bradford
of underground or overhead gas, electrical, telephone, steam, or water
lines, sewers, fire alarm boxes, traffic signals, hydrants, cable
TV (not including towers) and accessories in connection therewith,
reasonably necessary to furnish adequate services within the City
of Bradford to the general public.
FAMILY
An individual or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit; or a group
of not more than eight persons protected by the provisions of the
Fair Housing Act (42 U.S.C. § 3601 et seq., as now or hereafter
amended) living together and maintaining a common household with supervision,
provided those persons do not have a criminal record or do not constitute
a direct threat to others or their physical property. "Family" shall
not include persons living together in a group-care facility, personal-care
boarding home or transitional dwelling, as defined herein, or any
other supervised group living arrangement for persons other than those
protected by the Fair Housing Act or for any persons who constitute
a direct threat to others or their physical property.
FAMILY DAY-CARE HOME
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling
in which the operator resides, for the care on a regular basis during
part of a twenty-four-hour day of not more than six children under
16 years of age, including care provided to children who are relatives
of the provider, where such use shall be secondary to the use of the
dwelling for living purposes and shall meet all applicable requirements
for a home occupation.
FAMILY PLOT
Any property used for interring dead persons or domestic
pets, the use of which is restricted to the members of a family and
which property is owned and operated by the members of that family.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured or natural material or combination
of materials erected for the enclosure of land and/or dividing one
area of land from another. This definition shall not include retaining
walls that are designed and approved in accordance with the City Grading
Ordinance.
FINANCIAL INSTITUTION
A bank, savings and loan association or similar institution
that lends money or is engaged in a finance-related business.
FIRE AND EMERGENCY MEDICAL SERVICES
Facilities owned and operated by a public agency or nonprofit
corporation used for the storage of fire trucks, firefighting equipment,
ambulances and other emergency medical equipment and for the training
of firefighters, paramedics and other medical rescue personnel and
that may or may not include offices, meeting rooms, exercise rooms,
sleeping quarters for the employees and volunteers, kitchen facilities
and a social hall.
FLOODPLAIN
Areas adjoining any rivers, streams, ponds or lakes subject
to the 100-year-recurrence-interval flood as delineated by the U.S.
Army Corps of Engineers or subject to erosion caused by a 100-year-recurrence-interval
flood, as well as any areas identified in the future by anyone else
expert and experienced in the preparation of hydrological studies
and the determination of flood lines subject to the review and approval
of a professional engineer selected by the City.
FLOOR AREA, GROSS
The sum of all the horizontal floor areas of a building,
measured between exterior faces of walls.
FLOOR AREA, HABITABLE
Total floor area of all rooms in a dwelling used for living,
sleeping, cooking or eating purposes, excluding laundry, bathrooms,
closets, pantries or other storage areas, foyers, hallways, garages
and unfinished basement areas.
FLOOR AREA, NET
The total floor area of a building designed for tenant occupancy,
or areas accessible to the customers, clients or general public, but
excluding storage areas, equipment rooms, food preparation areas in
a restaurant and common areas such as halls, corridors, stairwells,
elevator shafts, rest rooms, interior vehicular parking and loading
areas and similar common areas, expressed in square feet and measured
from the center line of joint partitions and exteriors of outside
walls.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes that do not involve any land development.
FUNERAL HOME
A building used for the embalming of deceased human beings
for burial and for the display of the deceased and ceremonies connected
therewith before burial or cremation and which may include a crematorium
as an accessory use.
GARAGE, PRIVATE
An accessory building or a portion of the principal building,
not accessible to the general public and designed or used for shelter
or storage of private vehicles and personal property of the occupants
of the principal building and that may include the shelter or storage
of no more than one private vehicle owned and used by others.
GARAGE, PUBLIC PARKING
A building, other than a private garage, containing two or
more parking spaces accessible to the general public used for the
storage or parking of motor vehicles, or where such vehicles are kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles.
GAS WELL
See "oil, gas or water intake wells."
GRADE
The mean elevation of the ground adjoining the building on
all sides as referenced to the center line of abutting streets at
the midpoint of the street lot line.
GREENHOUSE, COMMERCIAL
A retail business that sells flowers, plants, shrubs, trees
and other natural flora and products that aid their growth and care
and that may include a greenhouse and/or the growing of plant material
outside on the lot.
GREENHOUSE, PRIVATE
Structures used for the growing of flowers, plants, shrubs,
trees and other natural flora for the personal use and enjoyment of
the owners not involving the sale of any product.
GROUP-CARE FACILITY
Any supervised long-term group living arrangement licensed
by the commonwealth that provides room and board and specialized social,
health and rehabilitation services, including twenty-four-hour supervision
by staff qualified by the sponsoring agency, to any of the following
permanent residents:
A.
Persons who do not meet the definition of mentally or physically
handicapped provided in the Fair Housing Amendments Act or the Americans
with Disabilities Act;
B.
Persons who do meet the definition of mentally or physically
handicapped provided in the Fair Housing Amendments Act or the Americans
with Disabilities Act living in an institutional setting and not maintaining
a common household;
C.
Persons who, whether handicapped or not, are criminal offenders,
juvenile offenders or delinquents or who have been found by any governmental
tribunal, court or agency to be a danger to society or who under the
jurisdiction of the criminal justice system, a governmental bureau
of corrections or similar agency or institution.
HALF STORY
A story with a cubic content of not more than 50% of the
cubic content of the first, or ground, story of the building.
HAZARDOUS MATERIALS
Any material designated as a hazardous material under the
terms and provisions of the Pennsylvania Solid Waste Management Act
of 1980 and/or any regulations promulgated thereunder by the Pennsylvania
Department of Environmental Protection (PA DEP) and designated as
"hazardous materials."
HEALTH CLUB or FITNESS CENTER
A commercial recreational enterprise or private club that
has as a principal use a gymnasium, swimming pool or other sports
facility and that may offer massages, whirlpool baths, steam rooms,
saunas and/or medical facilities as accessory uses to the principal
use.
HEIGHT OF BUILDING
The vertical distance measured from the average elevation
of the proposed finished grade of the building to the highest point
of the roof for flat roofs, to the deck line of mansard roofs (a roof
with a double pitch on all sides) and to the mean height between eaves
and ridge for gable, hip and gambrel roofs. For the purpose of determining
maximum permitted height for principal buildings, such measurement
shall be made from the average finished grade at the front setback.
For the purpose of side or rear yard determination, such measurement
shall be made from the average finished grade of the wall extending
along such side yard or rear yard.
HEIGHT OF SIGN
The vertical distance measured from the average elevation
of the finished grade around the sign to the highest point on the
sign and its supporting structure, including the foundation of the
sign, if it is elevated above the ground level.
HEIGHT OF STRUCTURE
For structures other than buildings or signs, the vertical
distance measured from the average elevation of the finished grade
around the structure to the highest point on the structure.
HIGH TECHNOLOGY INDUSTRIES
The assembly of component parts or the production of finished
products, excluding any process that involves toxic or highly volatile
substances, including computer components and accessories; electrical
parts, accessories and equipment; laboratory apparatus; robotics;
optical instruments; precision instruments; surgical, medical and
dental instruments and supplies; timers and timepieces; search detection
and navigational equipment; musical instruments and photographic equipment
and accessories.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use of a dwelling
for residential purposes and that involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no pickup, delivery
or removal functions to or from the premises in excess of those normally
associated with residential use.
HOME GARDENING
The growing of flowers, plants or vegetables for consumption
by the persons residing on the premises, including backyard composting
for personal use.
HOME HEALTH CARE AGENCY
An organization or part thereof staffed and equipped to provide
skilled nursing and at least one therapeutic service, such as physical
therapy, occupational therapy, speech pathology, medical social services
or home health aides, to disabled, aged, injured or sick persons on
a part-time, intermittent basis in their own homes.
HOME OCCUPATION
An accessory use of a service character, other than a no-impact
home-based business, conducted entirely within a dwelling by the residents
thereof, which use is clearly secondary to the use of the dwelling
for living purposes and does not, in any way, change the character
of the dwelling.
HOSPITAL
An institution licensed by the commonwealth for the care
of human patients suffering from physical or mental illnesses, and
that may or may not include facilities for major surgery and that
may be publicly or privately operated.
HOT TUB or JACUZZI
An aboveground receptacle smaller in area or depth than a
swimming pool, filled with water and used as a whirlpool bath or for
soaking, socializing and recreational bathing.
HOTEL
See "motel, hotel or resort."
INDEPENDENT LIVING FACILITY
A residential building or group of buildings designed to
provide housing for elderly or senior citizens, who are independently
mobile and not in need of supervision, comprised of multifamily dwelling
units with full kitchens, but that also include certain design features
associated with the needs of elderly or senior citizens not customary
in the construction of conventional multifamily dwellings, such as
emergency call systems, handicapped facilities, minimal housekeeping
and laundry services, common leisure and recreational services, personal
services (beauty or barber shop or cleaner's valet), transportation
services and similar supporting services for the convenience of the
residents.
INDOOR ENTERTAINMENT
A commercial establishment located within a completely enclosed
building, as defined by this chapter, where customers or patrons engage
in nonathletic leisure activities as spectators or participants, including,
but not limited to, theaters (live and motion-picture), bowling alleys,
pool halls, virtual reality and simulation gaming parlors, video arcades,
dance halls and similar facilities, but excluding any adult business,
as defined herein.
INFILL HOUSING
One or more newly constructed dwelling units erected on a
lot or lots where one or more deteriorated dwelling units previously
existed prior to being demolished.
INN
A dwelling which is not the principal residence of the operator
where sleeping rooms are offered to transient overnight guests for
compensation and where breakfast may be included with the overnight
accommodations and where other meals may be served or provided to
the guests and the general public.
[Added 3-26-2019 by Ord. No. 3231.2]
JACUZZI
See "hot tub" or "jacuzzi."
JUNK
Any rubbish or scrap material, including all paper cartons,
boxes, barrels, wood, excelsior, bedding, cans, metal, glass, crockery,
mineral refuse, ashes and any similar substances, scrapped or used
appliances or fixtures, discarded or unusable automobile parts, machinery
and machinery parts or other similar material or any other form of
discarded, unused or unusable materials, including building materials.
JUNKYARD
Any premises devoted wholly or in part to the storage, buying
or selling, sorting, exchanging, salvaging, recycling or otherwise
handling or dealing in junk, as defined by this chapter.
KENNEL
An establishment for the boarding, breeding or training of
domestic pets for compensation.
LAND DEVELOPMENT
Any of the following activities:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively; or
(2)
A single nonresidential building on a lot or lots regardless
of the number of occupants or tenure; or
(3)
Any change of use or structural alteration that results in an
increase in total lot coverage by structures and/or paving; or
(4)
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.
C.
Development in accordance with Section 503(1.1) of the MPC,
53 P.S. § 10503(1.1).
LAND DEVELOPMENT PLAN
A plan prepared in accordance with the application requirements of Chapter
191, Subdivision and Land Development, for approval of a land development, as defined herein.
LANDOWNER
The 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 proprietary interest in land.
LANDSCAPE ARCHITECT
A registered professional landscape architect licensed as
such by the Commonwealth of Pennsylvania.
LANDSCAPING PLAN
A plan prepared by a registered architect or landscape architect
identifying each tree and shrub by size, type and scientific name;
the location of each, including a planting diagram; and such other
diagrams or reports as are necessary to show the method of planting,
staking and mulching, grass seeding specification and mixtures and
existing trees to be preserved, if any.
LANDSLIDE SUSCEPTIBILITY
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-made activity.
LAUNDROMAT
A retail business equipped with a number of individual clothes-washing
machines, clothes dryers and that may include individual dry-cleaning
machines for use by the general public, excluding laundry facilities
provided as an accessory use in a multifamily residential building.
LOADING SPACE
An area within a principal building or on the same lot with
the principal building designed in accordance with the requirements
of this chapter and used for the standing, loading or unloading of
tractor-trailer trucks and other vehicles.
LOT
A designated parcel, tract or area of land described in a
deed or other instrument recorded pursuant to the laws of the commonwealth
intended to be used, developed or built upon as a unit.
LOT AREA
The total area within the lot lines, excluding the area within
any street right-of-way.
LOT, CORNER
A lot bounded on at least two sides by streets.
LOT, NONCONFORMING
Any lot which does not comply with the applicable area and
bulk provisions of this chapter or amendment thereto, where such lot
was lawfully in existence prior to the enactment of this chapter or
amendment, or prior to the application of such ordinance or amendment
to its location by reason of annexation.
LOT, THROUGH
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
LOT COVERAGE
That portion of the lot area covered by all principal and
accessory structures expressed as a percentage.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT FRONTAGE
That portion of the lot that adjoins the street right-of-way
or through which access is provided to a public street.
LOT LINE
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or other public space.
LOT LINE, FRONT
That lot line that is contiguous with the street center line
or the street right-of-way line. In the case of a lot that has no
frontage on a street, the front lot line shall be the lot line through
which vehicular access is provided, regardless of which way the dwelling
faces. In the case where a lot has frontage on more than one street,
the assessment roll of the City of Bradford shall determine the front
lot line.
LOT LINE, REAR
That lot line that is generally opposite the front lot line.
LOT LINE, SIDE
Any lot line that is not a front lot line or rear lot line.
LOT OF RECORD
Any lot that, individually, or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of McKean
County.
LOT WIDTH
The straight line distance between the point of intersection
of the minimum required building setback line with the side lot lines.
MACHINE SHOP
A work shop where a machinist fabricates, assembles or repairs
parts and/or equipment.
MACHINE OR TOOL SALES OR RENTAL
A commercial establishment engaged in the sale or rental
of tools or machinery used in construction or maintenance to contractors
and the general public, but not including any vehicles or heavy equipment.
MANUFACTURED HOME
A factory built single-family dwelling that meets the National
Manufactured Housing Construction and Safety Standards Act of 1974,
42 U.S.C. § 5401 et seq., intended for permanent occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
MANUFACTURING, HEAVY
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials or any manufacturing
process not included in the definition of "light manufacturing" or
"high-technology industries."
MANUFACTURING, LIGHT
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, water pollution,
fire hazard or noxious emissions that will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the
production of the following goods: home appliances, communications
equipment; computer components and accessories; dolls, toys and sporting
goods; electrical components and instruments, office machines, laboratory
equipment and supplies; medical equipment and supplies; precision
instruments, electronic devices, timepieces, jewelry, optical goods,
musical instruments, novelties, wood products, printed material, lithographic
plates, type composition, machine tools, dies and gauges, ceramics,
apparel, lightweight nonferrous metal castings, film processing, light
sheet metal products, plastic goods, pharmaceutical goods, food products,
not including animal slaughtering, curing or rendering of fats, and
similar activities.
MASSAGE PARLOR
Any establishment that provides services of massage or body
manipulation, including exercises, heat and light treatments of the
body, and all forms of physiotherapy, unless operated by a medical
practitioner, chiropractor or professional physical therapist licensed
by the commonwealth, but not including any athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as an
incidental or accessory service to the principal service.
MEDIATION
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
that the parties themselves create and consider acceptable.
MEDICAL CLINIC
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling under the care of
a group of licensed medical doctors and dentists and their supporting
staff, where said patients are not provided with board or room or
kept overnight on the premises.
MEDICAL OFFICE
One or more administrative offices of individual doctors,
dentists, chiropractors or other medical practitioners and their supporting
staff where human patients receive diagnosis, treatment and counseling.
MEDICAL RESEARCH FACILITY
An establishment for carrying on investigation in the natural,
physical and social sciences which are directly related to the provision
of health services to the general public, but not including any manufacturing
or new product development.
MINI WAREHOUSE or SELF-STORAGE FACILITY
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
MODEL HOME
The temporary use of a dwelling unit in an approved plan
that is under construction for the purpose of marketing dwelling units
to be constructed.
MOTEL, HOTEL or RESORT
An establishment that offers transient overnight lodging
accommodations, including extended stays, to the general public and
that also may provide additional supporting services such as restaurants,
meeting rooms, recreation facilities and living quarters for a resident
manager or proprietor.
[Amended 3-26-2019 by Ord. No. 3231.2]
MUSEUM
An establishment operated by a public agency or a nonprofit
organization devoted to the procurement, preservation, study and display
of documents, artifacts, memorabilia or other objects of social, historical
or cultural significance.
NATURE CENTER
An indoor or outdoor place devoted to the study of the history
and sciences related to the physical environment.
NATURE PRESERVE
An area of land protected either by governmental ownership
or by conservation easements where human activities are limited and
the existing natural habitats and environment are protected from man-made
changes.
NEIGHBORHOOD RESIDENT PARKING LOT
An off-street parking area containing two or more parking
spaces reserved for use by residents of the immediate residential
area in which the parking area is located and their invited guests.
NONPROFIT SERVICE ORGANIZATION
Any agency, association or corporation that has § 501(c)(3)
status under the Tax Code that provides services to the general public,
including, but not limited to: social, recreational, rehabilitative,
educational, emergency and similar services, including their administrative
offices, classrooms, gymnasiums, meeting rooms and similar facilities
for providing services, but not including group-care facilities, personal-care
boarding homes, transitional dwellings or medical clinics as defined
herein, or any form of permanent housing.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity,
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
State of Pennsylvania or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates education programs in which credits are
transferable to a college, junior college or university supported
entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing; and
B.
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude model is on the premises at any
one time.
NUDITY
The showing of the human male or female genitals, pubic areas,
or buttocks with less than a fully opaque covering, or the showing
of the female breasts with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
NURSING HOME
An institution licensed by the commonwealth for the care
of human patients requiring either skilled nursing or intermediate
nursing care or both levels of care for a period exceeding 24 hours.
OFF-STREET PARKING
Parking spaces required by this chapter to be located on private property in accordance with the requirements of Article
XV.
OFFICES
See "business or professional offices."
OIL, GAS OR WATER INTAKE WELLS
The drilling site authorized by a permit from the Pennsylvania
Department of Environmental Protection (DEP) for the extraction of
oil or gas resources or the drilling site for the production of potable
water supply.
OPEN SPACE
An area of land or water on a development site in which no
structures are permitted and that is set aside for the use and enjoyment
of the general public or the owners and tenants of property that adjoins
the open space.
OPEN STORAGE
The keeping of materials or equipment on a temporary or permanent
basis outside a completely enclosed building.
OUTDOOR CAFE
A use that is accessory to an eating or drinking establishment
located outside a completely enclosed building where food and beverages
are served to customers at tables in an outdoor setting.
OUTDOOR SALES
Any display of merchandise outside a completely enclosed
building which is offered for sale, regardless of whether the purchase
is completed indoors or outdoors.
PA DEP
Pennsylvania Department of Environmental Protection, or its
successor agency.
PARKING AREA
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
PARKING SPACE
A portion of a private garage, a public parking garage, a
public parking lot, a parking area or, in the case of a single-family
dwelling, two-family dwelling or townhouse, a portion of a driveway
leading to a private garage designated for the parking of one motor
vehicle in accordance with the requirements of this chapter.
PERMITTED USE
An authorized use specifically allowed as a matter of right
subject to compliance with all applicable requirements of this chapter
and land development plan approval, if applicable, and review and
approval by the Zoning Officer.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PERSONAL-CARE BOARDING HOME
A dwelling or institution licensed by the commonwealth where
room and board is provided to more than three permanent residents
who are not relatives of the operator, and who are mobile or semi-mobile
and require specialized services for a period exceeding 24 consecutive
hours in such matters as bathing, dressing, diet and medication prescribed
for self-administration, but who are not in need of hospitalization
or skilled nursing or intermediate nursing care.
PERSONAL SERVICES
Any enterprise providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including, but not limited to, shoe repair, tailoring, clothes
cleaning, watch repairing, barber shops, beauty parlors and related
activities, but not including any adult business, as defined herein.
PET GROOMING
Any establishment that offers services for domestic pets,
including bathing, trimming, manicuring, massaging or other services
to maintain the animals' wellbeing and which may sell pet care products
and pet supplies as an accessory use, but not including a veterinary
clinic or kennel, as defined herein.
PET SERVICES
A business establishment that sells pet food and other pet
care products to the general public and that may offer pet grooming
and limited veterinary services as accessory uses; or a business establishment
that offers care during part of a twenty-four-hour day of domestic
pets as a principal use and that may sell food or other pet-care products
as an accessory use.
PHARMACY
A retail establishment which has a gross floor area of less
than 10,000 square feet and which primarily sells prescription drugs,
patent medicines, surgical and sickroom supplies.
PLACE OF ASSEMBLY
An indoor or outdoor space with or without fixed seating
used for public gatherings for religious, recreational, educational,
cultural, political, social or entertainment purposes.
PLAN
A survey of a lot upon which is shown the location of existing
and/or proposed structures, existing contours, proposed grading, location
and dimensions of yards, feasibility of proposals for the disposition
of stormwater and sanitary waste, indications of zoning compliance,
name of the applicant and landowner, area location map, dates of preparation
and revisions, and evidence of preparation by an architect, landscape
architect or engineer.
PLANNED SHOPPING CENTER
A site under single ownership and control that is developed
as a unit for two or more retail businesses in one or more buildings
and designed with shared parking, loading and access facilities and
uniform signage.
PLANNING COMMISSION
The Planning Commission of the City of Bradford, McKean County,
Pennsylvania.
PORCH
A roofed or uncovered accessory structure without enclosing
walls with an area of more than 24 square feet that is attached to
or part of the principal building and which has direct access to and
from the principal building.
PRESCHOOL FACILITY
An establishment that offers private educational services
to children who are under the minimum age for education in public
schools.
PRINTING ESTABLISHMENT
An establishment engaged in commercial or job printing, including
offset printing, engraving, photolithographing, and publishing and
binding books, newspapers, pamphlets and other printed materials.
PRIVATE
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit, and restricted
to members and their guests.
PRIVATE CLUB
Any establishment operated by a private organization for
social, recreational, educational, fraternal or sororal purposes,
which is open only to members and their guests and not to the general
public, excluding any adult business, as defined herein.
PROFESSIONAL ENGINEER
A qualified individual who is licensed as a professional
engineer in a state or commonwealth in the United States.
PUBLIC
Owned, operated or controlled by a government agency, federal,
state, county or local.
PUBLIC BUILDING
Any building owned or operated by a government agency, federal,
state, county or local, used to provide services to the public, including
administrative offices, public works buildings and storage yards,
libraries, museums, senior centers, recreation buildings, government
service centers and similar facilities. (See also "fire and emergency
medical services" and "museum.")
PUBLIC HEARING
A formal meeting held pursuant to public notice by City Council
or the Planning Commission, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of October
15, 1998 (P.L. 729, No. 93), known as the "Sunshine Act," 65 Pa.C.S.A.
§ 701 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the City. 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 PARKING LOT
A parking area on the surface of the ground that is the principal
use on the lot, that may be operated by either a public agency or
private entity, whether for profit or not, and that is available for
use by the general public, usually for a fee.
PUBLIC UTILITY BUILDING OR STRUCTURE
Any administrative building maintenance building, garage
or other structure intended for human occupancy or storage of movable
equipment or any part of the essential public utility installation,
as defined herein, other than the general transmission distribution
system provided by public utilities, regulated by the Public Utilities
Commission (PUC) or any agency, franchisee or authority of the City
of Bradford that is reasonably necessary to furnish adequate services
to the general public both within the City of Bradford and outside
the City including, but not limited to, long-distance transmission
facilities such as electrical power lines or high-pressure natural
gas or petroleum lines, switching facilities, substation, treatment
plants, reservoirs, water towers, transmission towers and similar
facilities.
RECREATION, COMMERCIAL INDOOR
An establishment operated by a profit-making corporation,
partnership or other business entity for the pursuit of sports, amusement
and recreational activities, available to the general public for a
fee, where the principal use is conducted entirely within a completely
enclosed building, including, but not limited to such principal uses
as health or racquet and/or swim clubs, fitness centers, roller or
ice rinks, karate schools, gymnasiums, arenas, sports courts or playing
fields, bowling alleys, amusement arcades, virtual reality and simulation
gaming parlors, billiard parlors, shooting ranges, dance halls, live
or motion-picture theaters, but not including any adult business.
RECREATION, COMMERCIAL OUTDOOR
An establishment operated by a profit-making corporation,
partnership or other business entity for the pursuit of sports, amusement
and recreational activities, available to the general public for a
fee, where the principal use is outdoors, but which may include accessory
uses that are indoors, including, but not limited to such principal
uses as miniature golf courses, golf or batting practice facilities,
ice rinks, roller blade parks, swimming pools, sports playing fields,
ball parks, stadiums, amphitheaters, drive-in theaters, amusement
parks, racetracks and similar facilities.
RECREATION, PRIVATE
An enterprise operated by an individual, group of individuals
or nonprofit association or corporation, other than a public entity,
for the pursuit of sports and recreational activities, which may be
advertised to the general public, but the use of which is limited
to members and their guests including, but not limited to, such establishments
as country clubs, golf courses, sportsmen's club, golf practice facilities,
playing fields, tennis or racquet clubs, swimming pools and similar
facilities.
RECREATION, PUBLIC
An enterprise owned and operated by a public entity, available
to the general public, whether or not an admission fee is charged,
including either indoor or outdoor facilities for the pursuit of sports,
recreation or leisure activities, including, but not limited to, parks,
playgrounds, playing fields, golf courses, golf or batting practice
facilities, ice rinks, tennis courts, swimming pools and similar facilities.
RECREATIONAL VEHICLE
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including but not limited to: travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snow mobiles, jet skis, wave runners, motorcycles and all-terrain
vehicles.
REPAIR
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
REPAIR SHOP
A service establishment providing maintenance and repairs
of items that can be carried in by hand, including personal effects
(such as jewelry, watches, bicycles), small household appliances,
office equipment, small gasoline engines and similar items, but not
including repair of large appliances, motorized vehicles or heavy
equipment.
RESEARCH AND DEVELOPMENT
Any establishment which carries on investigation in the natural,
physical or social sciences or engineering and development as an extension
of such investigation with the objective of creating end products
and which may include pilot manufacturing as an accessory use where
concepts are tested prior to full-scale production.
RESORT
See "motel, hotel or resort."
[Added 3-26-2019 by Ord. No. 3231.2]
RIGHT-OF-WAY
Land reserved or dedicated for use as a street, crosswalk
or other means of travel, or other public or private purposes, including
existing and future rights-of-way.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one
or more rooming units in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
[Added 3-26-2019 by Ord. No. 3231.2]
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
[Added 3-26-2019 by Ord. No. 3231.2]
SALES OFFICE
A temporary use for the purpose of marketing the dwelling
units in a residential development or the leasable space or other
occupancy in a nonresidential development.
SALVAGE YARD
Any premises devoted to the dismantling or wrecking of used
motor vehicles, trucks, trailers, farm equipment or mobile homes or
the storage, sale, crushing or dumping of dismantled or partially
dismantled, obsolete or wrecked vehicles or their parts, but not including
the reassembly of any vehicles or equipment for resale.
SCHOOL, COMMERCIAL
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs.
SCHOOL, POSTSECONDARY
An educational institution which provides training beyond
the secondary school curriculum and which is authorized by the commonwealth
to award associate, baccalaureate or higher degrees.
SCHOOL, PUBLIC OR PRIVATE
A place of instruction operated by a public or private organization,
having regular sessions, with regularly employed instructors and meeting
all of the requirements of the Pennsylvania Department of Education
for providing primary, secondary, vocational or postsecondary education,
but not including commercial schools.
SEAT
The area required for one individual to sit on as regulated
by the Uniform Construction Code (UCC).
SETBACK
See "building setback line."
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or, if such person be female, breast.
SEXUAL ENCOUNTER OR MEDITATION CENTER
A business, agency or person which, for consideration, provides
for commercial purposes a place where persons, not all members of
the same family, may congregate, assemble or associate for the purpose
of engaging in sexual conduct or exposing specified anatomical areas,
as defined herein.
SIGN
Any structure or device used to attract attention by word or graphic display. (See Article
XVI for regulations governing signs.)
SIGN, NONCONFORMING
Any sign that was lawfully erected and maintained prior to
the adoption or amendment of this chapter, that fails to conform to
all applicable regulations and restrictions of this article.
SIGN, SURFACE AREA OF
The surface area of a sign shall be measured as described
below. For two-sided signs, only one sign face shall be counted in
computing the surface area.
A.
In the case of an advertising panel, the surface area of the
sign shall be the total area enclosed by one continuous line connecting
the extreme points or edges of the advertising panel containing the
writing, representation character, emblem or other communication material;
B.
In the case of freestanding letters, figures or characters mounted
on a wall or other surface, the surface area of the sign shall be
the entire area within a single continuous perimeter enclosing the
extreme limits of the writing, representation, character, emblem or
other communication material;
C.
In the case of freestanding ground or pole signs, the area shall
not include the main supporting structure; however, logos, ornamental
attachments and frame work around or connections between advertising
panels shall be included; and
D.
In the case of letters that are painted on or affixed to an
awning, canopy of marquee, the surface area of the sign shall be the
area of the geometric shape formed by outlining the height and width
of all the letters, including the space between the letters.
SIGN FACE
The entire area upon which graphic or written material or
information is placed for viewing from a single direction.
SITE
A tract of land or one or more contiguous lots proposed for
development.
SITE AREA
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
SLOPE
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
STOOP
A covered or uncovered porch located at a front, side or
rear door to a dwelling unit not exceeding 24 square feet in area.
STORAGE BUILDING
An accessory structure, as defined herein, not intended for
human occupancy, used exclusively for storage of personal property
owned by the residents of the dwelling to which the structure is accessory.
STORAGE TRAILER
Any vehicle or transportable structure which is enclosed
and mounted on wheels and is used as a conveyance on streets drawn
by its own or other motive power intended to carry materials, equipment
or other vehicles, but which is not intended for human occupancy,
and which is used without permanent foundation as an accessory structure
for the storage of goods and materials directly related to the principal
use of the lot.
STORE, CANDY OR ICE CREAM
A retail establishment which sells candy and/or ice cream
and which may include on-site processing of the products sold on the
premises, but which shall not include on-site processing of products
for delivery off the premises.
STORE, CONVENIENCE
A retail establishment which offers a limited selection of
grocery, household and personal items for quick purchase and which
may include the dispensing of gasoline.
STORE, FOOD
A retail establishment that has a gross floor area of no
more than 10,000 square feet and that offers for sale specialty or
gourmet food items or meats and groceries that are packaged and that
may or may not be available for consumption on the premises.
STORE, GENERAL MERCHANDISE
A retail business that offers a sampling of a wide variety
of merchandise categories, including, but not limited to: automotive,
apparel, garden center, cards and gifts, crafts, groceries, drugs
and sundries, jewelry, hardware, household home-decorating items,
furnishings, pet supplies, small appliances, sporting goods, toys
and similar products.
STORE, GROCERY
A retail establishment in excess of 10,000 square feet of
gross floor area that primarily sells meat, food and household products,
but that may also include as accessory uses a pharmacy, a florist,
a travel agency, a video rental (excluding an adult video store),
a coffee shop, a delicatessen, banking and copy/fax services.
STORE, HARDWARE
A retail store that primarily sells tools and supplies for
plumbing, carpentry, electrical, heating, ventilating and air conditioning
maintenance and repairs and that may also offer the sale of lawn and
garden maintenance and other household products.
STORE, HOME IMPROVEMENTS
A retail store that maintains a large inventory of supplies
and tools for construction, remodeling, decorating and maintenance
of residences and small businesses and that sells directly to consumers
and contractors.
STORE, RETAIL
Any establishment not otherwise specifically defined in this
article that sells commodities and/or services on the premises directly
to consumers, but not including the on-site manufacturing or processing
of any product or any wholesale sales.
STORY
That portion of a building between the surface of any finished
floor and the surface of the finished floor next above it or, if there
shall be no floor above it, then the space between any floor and the
ceiling next above it. In determining the number of stories for purposes
of height measurement, a basement shall be counted as a story if the
ceiling is more than five feet above the average adjoining ground
level at the front setback, and a mezzanine shall be counted as a
story if it covers 50% or more of the area of the story underneath
such mezzanine. An attic or a cellar shall not be counted as a story.
STREET
Any public or private recorded right-of-way used or intended
to be used by vehicular traffic and pedestrians, including avenue,
boulevard, road, highway, freeway, parkway, lane, alley, thoroughfare
or viaduct.
STREET, ARTERIAL
A public street that serves large volumes of high-speed and
long-distance traffic. The street classified as arterial in the City
of Bradford for the purposes of interpreting this chapter is PA Route
219.
STREET, COLLECTOR
A public street that, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
For the purposes of interpreting this chapter, streets classified
as collector in the City of Bradford are: Boyleston Street, Campus
Drive, Congress Street, Davis Street, East Main Street, East Washington
Street, High Street, Interstate Parkway, Jackson Avenue, Main Street,
Mechanic Street, North Kendall Avenue, South Avenue, South Kendall
Avenue and Washington Street.
STREET, LOCAL
Any public street not defined herein as an arterial or a
collector street.
STREET, PRIVATE
A street, including the entire private right-of-way, that
is privately owned and maintained and that is intended for private,
rather than public, use.
STREET, PUBLIC
A public right-of-way dedicated and open for public use that
has been adopted by the City, county, commonwealth or other governmental
body.
STREET CENTER LINE
A line that is usually at an equal distance from both street
edges of the cartway or established right-of-way lines.
STREET LINE
The legal right-of-way line that forms the dividing line
between the street and the lot.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
STRUCTURE, NONCONFORMING
A structure or part of a structure that does not comply with
the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or an amendment thereto, or
prior to the application of this chapter or amendment to its location
by reason of annexation. Nonconforming signs are included in this
definition.
STUDENT HOUSING
A dwelling unit designed for occupancy by more than three
unrelated individuals who are enrolled in classes at a postsecondary
school, as defined herein, regardless of whether the dwelling unit
is privately or publicly owned.
STUDIO; ART, MUSIC OR PHOTOGRAPHY
Establishments engaged in the display and sale of art, music
or photography products and supplies and which may include training
of individuals or groups of students for a fee.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels or other division
of land including any 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
SUPPLY YARD
A commercial establishment engaged in storing and selling
building supplies, industrial supplies or feed and grain primarily
to businesses, rather than the general public.
SURVEYOR
A professional surveyor registered in the Commonwealth of
Pennsylvania.
SWIMMING POOL
Any outdoor body of water in an artificial or semi-artificial
receptacle or other container, used as a recreational facility for
swimming, bathing, soaking or wading and having a depth at any point
of more than 24 inches or a surface area of more than 250 square feet,
and the equipment necessary to maintain the swimming pool and the
healthful condition of the water, including, but not limited to: aboveground
and in-ground swimming pools, hot tubs or Jacuzzis, as defined herein,
or decorative ponds. This definition shall not include toddler wading
pools that are less than 24 inches in depth and that are removed after
temporary use.
SWIMMING POOL, PRIVATE
A swimming pool which is accessory to a single-family dwelling,
the use of which is restricted to the residents of the dwelling and
their invited guests.
SWIMMING POOL, PUBLIC OR SEMIPUBLIC
A swimming pool which is owned and operated by a public agency,
a homeowners' association, a community corporation or other community
association for the benefit of the residents of a residential subdivision
or multifamily development.
TEMPORARY USE OR STRUCTURE
Any use or structure that is intended to be used either on
a seasonal basis, or during the time of construction and completion
of an approved development or for any other period of time that is
six months or less.
TOWNHOUSE
See "dwelling types," Subsection H.
TRAFFIC IMPACT STUDY
An analysis prepared, signed and sealed by a qualified traffic
engineer analyzing the expected trip generation expected to result
from a proposed development based on the ratios and methodology contained
in the current edition of the manuals of the Institute of Transportation
Engineers (ITE), including current and projected capacities and levels
of service of all streets and intersections within 1,000 feet of the
site proposed for development or the next nearest intersection and
recommendations for improvements to streets and/or traffic control
devices within the site or immediately adjacent to the boundaries
of the site.
TRANSITIONAL DWELLING
A facility occupied on a short-term basis by persons assigned
by a court of law, or who are self-referred, or referred by a public,
semipublic or nonprofit agency, and managed by a public, semipublic
or nonprofit agency responsible for the occupants' care, safety, conduct,
counseling and supervision for a specified period of time, including,
but not limited to: alcoholic recovery, shelters for battered persons
and their children, maternity homes, community reentry services following
incarceration, prison assignment, house arrest or other court-ordered
treatment, and other such short-term supervised assignments.
TRUCK AND HEAVY EQUIPMENT RENTAL, SALES AND SERVICE
An establishment engaged in the rental, sale and/or service
of vehicles in excess of 26,000 pounds gross vehicle weight (GVW)
and/or any other heavy equipment, including, but not limited to, construction
or farm equipment, whether or not the equipment is classified as a
motor vehicle.
TRUCK TERMINAL
A facility where the principal use is servicing, repair and
storage of trucks and other motorized equipment and trailers and which
may provide warehousing and transfer facilities as an accessory use.
USE
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure or on a tract of land.
USE, NONCONFORMING
A use, whether of land or of a structure, that does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or an amendment thereto, or prior
to the application of this chapter or amendment to its location by
reason of annexation.
USE, PRINCIPAL
The primary or predominant use to which the property is or
may be devoted, and to which all other uses on the premises are accessory.
USE BY SPECIAL EXCEPTION
A use authorized by this chapter that may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
VARIANCE
Relief from the literal terms of this chapter granted only
by the Zoning Hearing Board in accordance with criteria established
by the Pennsylvania Municipalities Planning Code.
VEHICLE ACCESSORIES SALES AND INSTALLATION
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including,
but not limited to such items as tires, hubcaps, mirrors, seat covers,
floor mats, tonneau covers, truck caps, windshield wipers, trim packages,
running boards and the like, but not including any mechanical parts.
VEHICLE RENTAL, SALES AND SERVICE
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds gross vehicle weight (GVW), but not
including any heavy equipment or any other vehicle or equipment that
is not classified as a "motor vehicle" under the Pennsylvania Motor
Vehicle Code.
VEHICLE REPAIR GARAGE
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building, as defined by this chapter.
VETERINARY CLINIC
An establishment where animals are examined and treated by
veterinarians and which may include indoor kennels for temporary boarding
of animals during treatment.
VIEWING BOOTHS
Cubicles, stalls, partitioned portions of a room, compartments,
rooms or other enclosures of 150 square feet of floor area or less,
which are available to members of the public, patrons or members for
viewing performances, presentations, films, movies, videos or visual
reproduction of any kind depicting or describing nudity or sexual
conduct, as defined by this chapter.
WAREHOUSING AND DISTRIBUTION
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing that is incidental to retail sales and that
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
WATCHMAN'S FACILITY
An accessory use located in either a principal structure
or an accessory structure on property in an industrial zoning district
occupied on a temporary or permanent basis to provide security for
the principal use of the property.
WHOLESALE BUSINESS
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
WIND ENERGY SYSTEM, HEIGHT OF
The distance measured from the natural grade or finished
grade at the base of the tower to the tip of the rotor blade at its
highest point.
WIND ENERGY SYSTEM, PERSONAL
A wind energy conversion system which has a rated capacity
of 60 KW, consisting of a wind turbine, a tower base and associated
control or conversion electronics including collection, distribution
and storage equipment, intended for private use to reduce on-site
consumption of utility power, allowing for distribution of excess
energy into the public utility's electrical grid for credit.
WIND ENERGY SYSTEM TOWER
The vertical structure that supports the rotor blades, electrical
generator or other components of a personal wind energy system.
WIND TURBINE
A device consisting of an air foil or a rotor with two or
more blades that converts kinetic wind energy into rotational energy
that drives an electrical generator.
YARD
A required open space located on a lot that is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
YARD, FRONT
A yard extending between side lot lines across the full lot
width from the front lot line to a line parallel to the front lot
line, the minimum horizontal distance required by this chapter.
YARD, REAR
A yard extending between the required side yard lines along
a line parallel to the rear lot line, the minimum horizontal distance
required by this chapter.
[Amended 6-13-2023 by Ord. No. 3231.5; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
YARD, SIDE
A yard extending from the required building setback line
to the rear lot line parallel to the side lot line, the minimum horizontal
distance required by this chapter.
YARD LINE
A line drawn parallel to or concentric with, the corresponding
lot lines at a distance specified for the required depth of the respective
yard.
YARD LINE, FRONT
A front yard line bounds the front yard and is parallel to
or concentric with, the front lot line.
YARD LINE, REAR
A rear yard line bounds the rear yard and is parallel to
the rear lot line.
YARD LINE, SIDE
A side yard line bounds the side yard and is parallel to
the side lot lines.
ZONING AMENDMENT
A change to the text of this chapter or to the Zoning District
Map proposed for adoption by City Council pursuant to the procedures
specified in this chapter.
ZONING CERTIFICATE
A document issued by the City Zoning Officer stating that
the proposed use of a particular structure, building or lot conforms
to the requirements of this chapter.
ZONING DISTRICT
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
ZONING DISTRICT MAP
The official map delineating the zoning districts of the
City of Bradford, McKean County, Pennsylvania, together with all amendments
subsequently adopted which is incorporated in and made a part of this
chapter by reference thereto.
ZONING OFFICER
That person appointed by City Council and charged with the
responsibility of administering and enforcing this chapter.