[Amended 10-14-1991 by Ord. No. 1490; 7-24-1995 by Ord. No. 1544; 11-24-2003 by Ord. No. 1669]
A.
It is not intended that this article include only those words used
or referred to in this chapter. The words are included in order to
facilitate the interpretation of the chapter for administrative purposes
and in the carrying out of duties by appropriate officers and by the
Zoning Hearing Board.
B.
Unless otherwise expressly stated, the following words shall, for
the purposes of this chapter, have the meanings herein indicated.
(1)
Words used in the present tense include the future tense; the
singular includes the plural.
(2)
The word "person" includes a corporation as well as an individual.
(3)
The word "lot" includes the word "plot" or "parcel."
(4)
The term "shall" is always mandatory.
(5)
ACCESSORY USE
ALLEY
ALTERATIONS
ALTERATIONS, STRUCTURAL
ANIMAL HOSPITAL
APARTMENT, CONVERSION
APARTMENT HOUSE
APPLICATION FOR DEVELOPMENT
AREA, BUILDING
AREA, LOT
AUTO BODY SHOP
AUTO COURT
BASEMENT
BOARD
BOARDINGHOUSE OR ROOMING HOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING, DETACHED
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, MAIN
CARPORT
CELLAR
COMMERCIAL RECREATION FACILITY
COMMON OPEN SPACE
CONDITIONAL USE
COURT
COURT, INNER
COURT, OUTER
COVERAGE
CURB LEVEL
DECISION
DETERMINATION
(a)
(b)
(c)
DEVELOPER
DEVELOPMENT
DEVELOPMENT PLAN
DOG KENNEL
DUMP
DWELLING
DWELLING, GROUP
DWELLING, ONE-FAMILY or ONE-FAMILY DETACHED
DWELLING, ONE-FAMILY SEMIDETACHED
DWELLING, TWO-FAMILY DETACHED
DWELLING, MULTIPLE
DWELLING, ROW
DWELLING UNIT
ELECTRIC SUBSTATION
FAMILY
FAMILY CARE FACILITY
FARM
FILLING STATION
FLOOD
FLOODPLAIN
FLOODPLAIN DISTRICT
FLOOR AREA OF A BUILDING
FLOOR AREA, HABITABLE
FLOOR AREA, NET RETAIL
FORESTRY
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDENING
GRADE, ESTABLISHED
GRADE, FINISHED
GROUP CARE FACILITY
HEAVY EQUIPMENT
HOME GARDENING
HOME IMPROVEMENT AND BUILDING SUPPLY STORE
HOME OCCUPATION
HOSPITAL
HOTEL
JUNKYARD
LAND DEVELOPMENT
(a)
[1]
[2]
(b)
(c)
[1]
[2]
[3]
LAUNDERETTE
LIGHTING
(a)
(b)
(c)
LINE, STREET
LODGING HOUSE
LOT
LOT, CORNER
LOT, INTERIOR
LOT LINES
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOTEL
MOTOR VEHICLE FILLING
MOTOR VEHICLE SALES FACILITIES
MOTOR VEHICLE SERVICE AND REPAIR FACILITIES
MUNICIPAL AUTHORITY
NO-IMPACT HOME-BASED BUSINESS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSING OR CONVALESCENT HOME
ONE-HUNDRED-YEAR FLOOD
OPEN PIT MINING
OPEN SPACE
PARKING SPACE
PASSENGER VEHICLES
PLAT
PORCH
PREMISES
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
REPORT
RESIDENTIAL HOTEL
RESIDENTIAL USE
RIDING ACADEMY
SANITARIUM, SANATORIUM
SCREEN PLANTING
SHOPPING CENTER
SIGN
SINGLE-FAMILY DETACHED DWELLING
SPECIAL EXCEPTION
STABLE, PRIVATE
STABLE, PUBLIC
STOOP
STORY
STORY, HALF
STREET
STREET GRADE
STRUCTURE
SUBDIVISION
SUBSTANTIALLY COMPLETED
SWIMMING POOL, PRIVATE
TELEPHONE CENTRAL OFFICE
THEATER
THEATER, OUTDOOR DRIVE-IN
TOURIST CABINS
TOURIST HOME
TWO-FAMILY DETACHED DWELLING
(a)
(b)
TWO-FAMILY SEMIDETACHED DWELLING
USE
VARIANCE
WINDOW
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The word "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
Building used for the treatment, housing or boarding of small
domestic animals, such as dogs, cats, rabbits, and birds or fowl,
by a veterinarian.
A multifamily dwelling constructed by converting an existing
dwelling into apartments for more than one family without substantially
altering the exterior of the building.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The total area within the lot lines.
Any structure or any building or part thereof that is used
for the repair or painting of bodies and fenders of motor vehicles.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "auto court" includes buildings
designated as tourist courts, motor lodges, motels and similar appellations.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes, other than a game or recreation room.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A dwelling in which at least two rooms are offered for rent,
payable in money or other consideration, where meals are generally
furnished to lodgers, and in which individuals are accommodated by
a common accessway.
Any structure having a roof supported by walls and intended
for the shelter, housing or enclosure of persons, animals or chattel.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
A building surrounded by open spaces on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the principal use of the
lot on which it is located.
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts, except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult arcades, adult bookstores, adult cabarets or adult motels as regulated in Chapter 346, Sexually Oriented Businesses, of the Code of the City of DuBois.
[Added 9-27-2004 by Ord. No. 1683]
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A use permitted in a particular zoning district by the City Council pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the plot or lot area covered
by the building area.
The officially established grade of the curb in front of
the midpoint of the lot.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the City
lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The City Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures; the placement
of mobile homes; streets and other paving; utilities; filling, grading,
excavation; mining, dredging or drilling operations; and the subdivision
of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
The keeping of four or more dogs that are more than six months
old.
A lot or land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or part hereof, or waste material of any kind.
A structure or portion thereof which is used exclusively
for human habitation.
A group of two or more one-family, two-family or multiple
dwellings occupying a lot in one ownership and having any yard in
common.
A house accommodating but a single-family and having two
side yards.
A one-family house having one party wall and one side yard.
A building having two side yards and accommodating but two
families, with one family living over the other.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, group dwellings and row dwellings.
A dwelling, the walls on two sides of which are in common
with the walls of adjoining dwellings and are party or lot line walls
and consisting of more than two dwelling units in a row.
A building or portion thereof providing complete housekeeping
facilities for one family.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
A facility which provides resident service in a private residence
to five or fewer individuals who are not related to the resident household.
These individuals are handicapped, developmentally or mentally disabled,
mentally ill, mentally retarded, or otherwise in need of adult supervision
and provided service in accordance with their individual needs. This
category includes foster homes or boardinghouses for children, group
homes and halfway houses.
Any parcel of land containing 10 or more acres, which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, riding academies, livery
or boarding stables and dog kennels.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry-cleaning or otherwise cleaning or servicing such motor vehicles.
A temporary inundation of normally dry land areas.
Those floodplain districts specifically designated in this
chapter as being inundated primarily by the one-hundred-year flood.
Included would be areas identified as the Floodway District (FW),
the Flood-Fringe District (FF) and the General Floodplain District
(FA).
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet, and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area. The minimum total window area, measured between
stops, shall be 10% of the habitable floor area of such room.
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer, but not
to include office space, storage space and other general administrative
areas.
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 at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
An enclosed or covered space for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein nor space therein for more than one car
is leased to a nonresident of the premises.
Any garage not a private garage and which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles.
See "home gardening."
The elevation of the center line of the streets as officially
established by the City authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A facility which is licensed and inspected by an agency of
the state, which provides residential services to at least three residents
who are handicapped, developmentally or mentally disabled, mentally
ill or retarded, including residents who are serving a sentence of
a court of law, but not requiring or receiving skilled or intermediate
nursing care or psychiatric or correctional treatment normally provided
in an institutional setting, including rehabilitation homes.
Vehicles and machinery that are not normally associated with
residential use (e.g., excavation equipment, tractor trailers, commercial
trucks and trailers, buses, yachts, farm equipment and tractors, mechanized
amusement rides, industrial machinery and other similar devices).
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock, and permitting the sale of produce raised thereon.
A commercial business that specializes in providing materials,
tools and related services associated with the construction, maintenance
and repair of buildings, landscaping and property.
[Added 9-27-2004 by Ord. No. 1683]
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein, providing that the use is clearly incidental and
secondary to the use of the dwelling for dwelling purposes; the exterior
appearance of the structure or premises is constructed and maintained
as a residential dwelling; and no goods are publicly displayed on
the premises other than signs as provided herein.
Any institution receiving in-patients and rendering medical,
surgical and/or obstetrical care. This shall include general hospitals
and institutions in which service is limited to special fields such
as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin
and cancer, mental, tuberculosis, chronic disease and obstetrics.
The term "hospital" shall also include sanitariums and sanatoriums,
including those wherein feeble-minded and mental patients, epileptics,
alcoholics, senile psychotics or drug addicts are treated or cared
for.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in any
accessory building.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
Business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment or an apartment hotel.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
The dividing line between the street and the lot.
A building in which three or more, but not more than 15,
rooms are rented and in which no table board is furnished.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A parcel of land at the junction of and abutting on two or
more intersecting streets.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
See "auto court."
A use devoted to the refueling of motor vehicles, which may
or may not include, depending upon those regulations imposed herein,
the servicing and repair of motor vehicles. This definition is meant
to include uses referred to as "auto service stations" and "filling
stations" within this article.
A principal use devoted to the retail sale of passenger vehicles.
This use shall also expressly include the servicing, repair, maintenance
and reconstruction of passenger vehicles and car washes that are operated
accessory to the principal sales operation.
[Added 9-27-2004 by Ord. No. 1683]
A principal use devoted to the retail repair, servicing,
maintenance and reconstruction of passenger vehicles, including car
washes. This definition is meant to include uses referred to as "public
garages" and "auto service stations" within this article.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[1]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason 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 in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
A building in which accommodations are provided for the full-time
care of aged, disabled, infirm or invalid persons. The term "nursing
home" may be used interchangeably with the term "convalescent home"
and shall have the meaning set forth in this section.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Open pit mining shall include all activity which removes
from the surface or beneath the surface of the land some material,
mineral resource, natural resource or other element of economic value
by means of mechanical excavation necessary to separate the desired
material from an undesirable one or to remove the strata or material
which overlies or is above the desired material in its natural condition
and position. Open pit mining includes, but is not limited to, the
excavation necessary to the extraction of sand, gravel, topsoil, limestone,
sandstone, coal, clay, shale, and iron ore.
An unoccupied space open to the sky on the same lot with
the building.
The area required for parking one automobile, which in this
chapter is held to be an area nine feet wide and 20 feet long, and
the minimum area per parking space shall be 240 feet to include space
for parking and passageway.
Transport vehicles normally associated with domestic use
(e.g., automobiles, vans, sport utility vehicles, pickup trucks, motorcycles
and scooters, recreational vehicles, towable boats and trailers, and
other similar vehicles).
A map, plan or layout of a subdivision indicating the location
and boundaries of individual properties.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
Any lot, parcel or tract of land and any building constructed
thereon.
Includes:
A formal meeting held pursuant to public notice by the City
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[2]
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.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at the cost of reproduction.
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands, and other accessory services
primarily for serving its occupants and, only incidentally, the public.
Those activities customarily conducted in living quarters
in an urban setting, excluding such activities as the keeping of livestock
or fowl; activities resulting in noise which involve the storage of
motor vehicle parts, machinery or parts, junk or scrap materials,
which storage is visible from any area outside of the lot where such
storage takes place.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A private hospital, whether or not such facility is operated
for profit.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
Two or more stores or other similar businesses that are designed
to function as a unit, with shared vehicular access, off-street parking
and signage.
[Added 9-27-2004 by Ord. No. 1683]
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any government or
government agency or of any civic, charitable, religious, patriotic,
fraternal or similar organization.
A dwelling designed for and occupied exclusively by one family
and having no party wall in common with an adjoining building, including
mobile homes with wheels and axles removed and placed on a permanent
foundation and modular homes.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
A covered or uncovered area at a front, side or rear door
not exceeding four feet by five feet or 20 square feet in area.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts, at the midpoint of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development: Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Where in the judgment of the City Engineer at least 90% (based
on the cost of the required improvements for which financial security
was posted pursuant to the requirements of this chapter) of those
improvements required as a condition for final approval have been
completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
Any reasonably permanent pool or open tank not located within
a completely enclosed building and containing or normally capable
of containing water to a depth at any point greater than 1 1/2
feet. Farm ponds and/or lakes are not included, provided that swimming
was not the primary purpose for their construction.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers and other business of the telephone company;
but in a residential district not to include public business facilities,
storage of materials, trucks or repair facilities, or housing of repair
crews.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid-admission basis.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions on a paid-admission basis to patrons seated in automobiles
or on outdoor seats.
A group of buildings, including either separate cabins or
a row of cabins, which:
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
A dwelling designed for and occupied exclusively as a dwelling
by two families.
DUPLEXA two-family dwelling with one dwelling unit located over the other and separated by an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both units.
TWINA two-family dwelling with one dwelling unit on each side of the vertical party wall.
A dwelling containing two units, with one dwelling unit being
wholly or partly above the other, which has a party wall in common
with an adjacent building and which may or may not have a common entrance.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
An opening to the outside, other than a door, which provides
all or part of the required natural light, natural ventilation, or
both, to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a window in regard to provision of natural
light.
An unoccupied space open to the sky on the same lot with
a building or structure.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street line. Covered porches
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required front yard.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the building.
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: The statute was repealed 10-15-1998 by P.L.
729, No. 93; see now the Sunshine Act, 65 Pa.C.S.A. § 701 et
seq.
