The purpose of this article is to define terms applicable to
the chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any sign or signs, either conforming or nonconforming, on property leased or owned by the party responsible for the sign that has been discontinued for a total of 12 months as described in § 425-80, Abandoned signs. A nonconforming use that has been abandoned as described in § 425-34, Nonconforming use of land, Subsection B, and all signs that are related to that use as well as any structures that support these signs shall be considered abandoned.
Where the lot lines of any parcel of land physically touch
the lot lines of one or more additional parcels of land, those parcels
shall be considered as "abutting" parcels. "Abutting" is the same
as adjoining.
The place, means, or ways by which pedestrians, vehicles,
or both shall have safe, adequate, and usable ingress/egress to a
property or use. A private access is an access not in public ownership
and controlled by means of deed, dedication, or easement.
A structure detached from a principal building but located
on the same lot. It serves as a customarily incidental and subordinate
use to the use of the lot as a whole or the lot's principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use or building.
A change, rearrangement or expansion of the structural part
of any existing facilities, structures or buildings, which consumes
additional lot area by extending the side or sides of the same; and/or
by increasing the height of any facilities, structures or buildings.
Construction performed on a structure that expands the structure,
but does not consume or set upon the lot area (i.e., upper floor decks
or dormers or roof decks or dormers, even though they remain lower
than the highest portion of the roof) shall also be considered a building
addition.
Any lot or parcel of land, or any zoning district, which
is situate beside, near, or directly across from another parcel of
land, or zoning district, but separated by a street, alley, right-of-way,
easement, utility, park or any other natural feature shall be considered
an "adjacent" lot or zoning district.
Same as "abutting."
The Officer appointed by the Derry Borough Council to administer
these regulations and to assist administratively the other boards
and officers of the Borough.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained 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 specified sexual activities or specified anatomical
areas.
Any commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration,
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia, which are designed for
use in connection with specified sexual activities.
Any person who does anyone or more of the following shall
be deemed to be conducting business:
Operates a cash register, cash drawer or other depository on
the adult business premises where cash funds or records of credit
card or credit card transactions generated in any manner by the operation
of the establishment or the activities conducted therein are kept;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services offered on the adult business
premises;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services on the adult business premises;
Acts as a door attendant to regulate the entry of customers
or other persons into the adult business premises;
Supervises or manages other persons in the performance of any
of the foregoing activities on the adult business premises.
Any nightclub, bar, restaurant or similar commercial establishment,
which features:
Persons who appear in a state of nudity; or
Live performances, which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and has a sign visible
from a public right-of-way which advertises the availability of this
adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are shown which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, adult theater, escort agency,
nude model studio, sexual encounter center and similar activities.
Any theater, concert hall, auditorium, or similar commercial
establishment which features persons who appear in a state of nudity
or live performances which are characterized by the exposure of specified
anatomical areas or specified sexual activities.
Establishments engaged in farming or other agriculturally
related activities. Establishments primarily engaged in supplying
soil preparation services, crop services, and landscaping, horticultural
services, or farm labor and management services.
Any person, firm, partnership, association, joint venture,
corporation, or any other entity or combination of entities who legally
represents or acts for or on behalf of a declarant/applicant.
The traveled way by which cars enter and depart parking spaces.
A public thoroughfare other than a side street, which affords
only a secondary means of access to abutting property and not for
general traffic circulation.
An alteration may be a change in construction or a change
in occupancy. When the term is used in connection with a change of
occupancy, it is intended to apply to changes of occupancy from one
trade or use to another. As applied to a building or structure, any
change or rearrangement in the total floor area structural part, in
the existing facilities, or in the enlargement, whether by extending
a side, by increasing the height; or the moving from one location
to another. (See also "addition, building.")
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Amateur radio equipment, including ham radio and CB equipment
and antenna for personal use only by registered operators.
Indoor, commercial or noncommercial facilities or services
operated and open to the public including dance halls, theatrical
productions, bands, orchestras, and other musical entertainment, bowling
alleys, billiard and pool establishments, coin-operated devices and
video gaming arcades, swimming pools and skating rinks.
A building used for the treatment of small domestic animals
such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
[Amended 10-17-2016 by Ord. No. 771]
DOMESTIC/HOUSEHOLD PETSA domesticated animal that is normally, or can generally be, safely kept within the immediate living quarters of a residential structure. Domesticated mice and hamsters kept in cages are permitted as well as small animals as defined in the Code of the Borough of Derry. Chapter 128, § 128-4. This term excludes any large animal and wild animal as defined in the Code of the Borough of Derry, Chapter 128, including members of the swine, sheep, bovine (cows), poultry (all species of chickens, including any certified for nutritional and medicinal use), bees, fowl (including ducks, turkeys, pigeons and geese), equine family or quadrupeds, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, elephants, rhinoceros, hippopotamus, deer, or reptiles having a venomous or constrictor nature, or any large animals normally kept outside or on farms or breeding facilities or crossbreeds of these animals.
FARM OR NONDOMESTICAny member of the swine, sheep, bovine (cows), poultry all species of chickens, including any certified for nutritional and medicinal use), bees, fowl (including ducks, turkeys, pigeons and geese), equine family or quadrupeds, elephants, rhinoceros, hippopotamus, deer, etc., or reptiles having a venomous or constrictor nature, or any large animals normally kept outside or on farms or breeding facilities
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter.
The person making application according to the regulations
contained in this chapter and whose signature appears on any zoning
application. The applicant may be someone other than the property
owner if said person is duly authorized, in writing, to represent
the owner.
The submitting of an application, in a complete state, for
a permit or a service.
Every application, whether conceptual, preliminary, tentative,
or final, required to be filed and approved prior to the start of
construction or development, including but not limited to an application
for a zoning or building permit, or for the approval of a development
plan.
The Borough of Derry Council.
As applied to off-street parking requirements, the area used
or intended for services to the public as customers, patrons, clients
or tenants, including areas occupied for fixtures and equipment used
for display or sale of merchandise. Floor areas may be excluded which
are used exclusively for storage, housing of mechanical equipment
integral with the building, for maintenance facilities, or for those
areas so restricted that customers, patients, clients, salesmen and
the general public are denied access.
A political or corporate body created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as "Municipality Authorities
Act of 1945."[1]
Facilities used for the assembly of automobile parts.
The use of any building, land area, or other premises for
the display and sale of new or used automobiles, trucks, vans, trailers,
or recreational vehicles, including any vehicle preparation or repair
work conducted as an accessory use, and where the storage of junk
and/or junk vehicles is prohibited.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include public rest rooms and facilities used for polishing, greasing,
washing, dry cleaning, or otherwise cleaning or servicing such motor
vehicles. A business that engages in engine rebuilding, major reconditioning
of broken or damaged motor vehicles or trailers, collision repair
service (including body, frame, or fender straightening or repair),
vehicle painting, replacement of parts, motor service to automobiles,
and/or state inspections, commonly referred to as a "service station."
The storage of junk and/or junk vehicles is prohibited.
A structure that is customarily attached to a building at
a level at or above the first floor and which may or may not have
steps that access the ground level.
Any sign of lightweight fabric or similar material that is
permanently mounted to a building by a permanent frame at one or more
edges. National flags, state or municipal flags, or the official flag
of any institution or business shall not be considered banners.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or building by a permanent frame at
one or more edges. National flags, state or municipal flags, or the
official flag of any institution or business shall not be considered
banners. No commercial messages are allowed on banners if the messages
are legible from a location off of the involved lot.
See "cellar."
Billboards/outdoor advertising signs, poster panels, bulletins,
and the like include those constructed with four sign faces and V-type
sign arrangements used for two or more sign faces. Such signs shall
not be permitted to be erected upon the roof of any building. Such
signs may be illuminated, provided that such illumination is effectively
shielded so as to prevent beams or rays from being directed at any
portion of the traveled ways and are not of such intensity or brilliance
to cause glare or impair the vision of any driver of any motor vehicle.
Any vacant, or proposed/ordered to be vacated or condemned,
building or structure, or any portion of said property, that is not
being maintained according to the manner consistent with the chapters/ordinances
of the Borough of Derry and/or the Commonwealth of Pennsylvania, including
but not limited to missing or boarded windows or doors; collapsing
or collapsed wall(s), roof or doors; siding that is seriously damaged
or missing; a foundation that is missing or seriously damaged, or
structurally faulty; garbage, trash or abandoned cars situate on the
premises (other than on a legally dedicated junkyard); and/or fire
damage, or damage caused by other disasters, which building or structure
has become or is becoming dilapidated; has attracted, or has the potential
to attract illegal activities; is a sanitary problem or fire or other
safety hazard; creates an unreasonable or substantial interference
with the lawful and reasonable use and right to enjoyment of other
spaces within the building, or of other properties in the neighborhood;
and/or is a factor in materially depreciating property values in the
neighborhood because of the blighted or poorly maintained condition.
A tract of land, a lot, or a group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, and boundary lines
of the Borough, nonsubdivided land, other definite barriers, or by
a combination of the above.
A building where, for compensation, lodging on a temporary
basis and meals are provided for at least four but not more than 16
independent individuals. The primary function of the boarding house
is to provide room and board. Residents are not involved in the day-to-day
maintenance or operation of the boarding house and are not under the
supervision or care of staff. Residents do not receive habilitative
or rehabilitative services of any type at a boarding house. Relationships
between residents are incidental, as opposed to an essential part
of living together in a group home or halfway house. Residents do
not constitute an interdependent group that emulates a family. Tenancy
is on a weekly or longer basis, as distinguished from transient housing,
such as a hotel or motel. A boarding house shall also be considered
a "lodging house."
Building Officials Code Administration.
See "coverage."
A building surrounded by open space on the same lot having
no physical attachments to another structure.
See "frontage, building."
A line parallel to the front, sides, and rear lot lines;
set so as to provide the required open spaces and setbacks on a lot.
This does not refer to the property boundary lines which outline the
entire parcel.
Any sign indicating the name and date of a building, as well
as incidental information about its construction or historical data
on a historic site, which is cut into a masonry surface or made of
bronze or other permanent material.
For purposes of these ordinances and for purposes of issuing
a building permit only, the "building permit value" is the "for sale"
value of the buildings or structures immediately prior to their (planned
or unplanned) destruction or demolition. "Building permit value" does
not mean the actual dollar replacement cost (which the property owner
may or may not have contracted with an insurance company to receive)
of the building or structure that was destroyed or demolished for
any reason. "Building permit value" does not include the value of
any vacant land, in and of itself, and deals only with obtaining a
permit from the Borough of Derry for construction, reconstruction
or redevelopment of any building or structure upon any premises, i.e.,
on January 1, 2007, a home and lot is appraised "for sale" at $70,000
on the open market, $60,000 for the structure, $10,000 for the lot,
and if the home burns down or is destroyed or demolished for any reason
on January 2, 2007, the building permit value would be $60,000.
A building in which is conducted the principal use of the
lot on which it is located. Storage buildings, garages, and other
clearly accessory uses shall not be considered principal buildings.
For purposes of this chapter, the "principal building" may also be
referred to as the "main building," the "main structure," or the "principal
structure."
The allowable horizontal distance from a given point or line
of reference to the nearest vertical wall or other element of a principal
or accessory building, or structure (proposed or established), as
defined herein. The given point or line of reference will be the lot's
boundary lines following any required dedication or a special or preservation
line if one is required pursuant to this chapter.
A "building" is any structure having a roof supported by
columns, walls, arches, or other devices and intended for the shelter,
housing, or enclosure of persons, animals, or chattels of any nature,
and includes covered porches or bay windows and chimneys. A "structure"
includes but is not limited to the above referenced description and
any item permanently constructed, placed or set upon (or buried underneath,
i.e., gas or liquid storage tanks) any parcel of land, the placement
and/or use for which requires the issuance of all applicable permits.
A building or structure which is clearly subordinate to the
main building on the lot and is used for purposes customarily incidental
to the use of the main building or lot.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A three-sided structure at a bus stop that gives people limited
protection against the weather and is used to aid in the loading and
unloading of passengers using public transportation systems.
A sign containing a commercial message, including such items
as the bus line name and time schedules, on a shelter located at a
designated bus stop/shelter accepted as such by the Pennsylvania Department
of Transportation.
Any portion of land used for the purpose of providing a space
or spaces for trailers or tents for camping purposes regardless of
whether a fee has been charged for the leasing, renting, or occupancy
of such space.
Any site intended to be used for temporary and/or seasonal
use for camping, inclusive of the area required to sustain a tent,
camper, motor home, or other temporary camping facility.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A canopy may contain a
commercial message. A marquee is not considered a canopy.
A structure with a roof covering and two or more sides open
which may be used for storage of one or more vehicles.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular traffic.
A section of a dwelling/building being partially underground
and having more than one-half of its clear height below the average
level of the adjoining ground. A cellar/basement shall not be considered
in determining the permissible number of stories.
Land used or intended to be used for the burial of the dead
and dedicated to cemetery purposes, including mausoleums, and mortuaries,
when operated in conjunction with and within the boundary of such
cemetery.
The Governor's Center for Local Government Services located
within the Department of Community and Economic Development (DCED).
A line which determines the center points on highways/roadways
dividing them into separate sections and from which property lot lines
are commonly determined. The position of the center line shall be
determined as follows:
For streets or roads that have not been improved in accordance
with engineering surveys and plans accepted by the state, county or
Borough, the center line is at the midway point between fences or
other markers indicating the boundaries of the highway on opposite
sides thereof.
For streets or roads that have been improved in accordance with
engineering surveys and plans accepted by the state, county or Borough,
the center line is at the center of the surfacing or pavement, or
if there be none, the center of the graded roadbed.
For highways that have been paved, or are planned to be paved
as divided roads, with two or more defined and contiguous traffic
lanes in one direction separated from two or more defined and contiguous
traffic lanes in the opposite direction, by a directional separator,
the center line is the center of the directional separator, as the
road is paved or is planned to be paved.
Any commercial business registered by the Commonwealth of
Pennsylvania, operated for profit or not for profit, in which child
day care is provided at any one time to six or more children who are
not relatives of the caregiver.
The provision of supplemental parental care and supervision
for profit, on a regular basis for less than 24 hours a day; for less
than five children, not more that two of which children are under
23 months of age; and of whom at least one is unrelated to the provider.
The home and provider must be registered by the commonwealth and the
business shall be conducted in accordance with the requirements of
the Commonwealth of Pennsylvania Department of Health and Social Services
and this chapter. No provider shall offer or operate this use before
6:00 a.m. or after 7:00 p.m. As used in this chapter, the term is
not intended to include baby-sitting services of a casual, nonrecurring
nature or in the child's own home. Likewise, the term is not intended
to include cooperative, reciprocative, child care by a group of parents
in their respective homes.
An establishment which, as one of its principal business
purposes, serves and/or sells to children and their families services,
food, apparel, goods, play activities and/or entertainment designed
for children.
A triangular area of unobstructed vision on corner lots formed
by a seventy-five-foot sight line along the center line of a secondary
or primary road by a fifty-foot sight line along the center line of
a local street and by a line adjoining these two sight lines at the
greatest distance from their intersection.
An establishment operated under license by the Commonwealth
of Pennsylvania providing therapeutic, preventative, corrective, healing
and health-building treatment services on an outpatient basis by physicians,
dentists and other practitioners. Typical uses include medical and
dental offices and clinics and outpatient medical laboratories.
A tract of land that has been planned, developed, and operated
as an integrated facility intended for a number of non-retail professional,
businesses, personal, and other services uses, with special measures
for traffic circulation, parking, utilities, and compatibility.
Engaging in a business, enterprise, activity, or other undertaking
for a profit.
A building whose principal use is a commercial use. A building
with a store or commercial business on the ground level (and/or higher
levels) and apartments on the second floor (and/or higher levels)
is also considered a commercial building.
Any sign, wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
A parcel or parcels of land, an area of land, an area of
water, or a combination of land and water within a development site
designed and intended for the use or enjoyment of residents of the
development, not including streets, off-street parking areas, and
areas set aside for public facilities.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and direction or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen's band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure, other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
(Also see "alternative tower structure.")
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
An application submitted with all required, relevant and
pertinent information necessary for the approving body to render an
informed decision. (Also see "application.")
A process of manufacturing involving forming a complete product
through parts assembly or product mixing.
A "conditional use" is similar to a special exception and
is subject to the applicant meeting certain specific standards and
criteria set out in the Zoning Ordinance. The difference is that a
special exception is heard by Derry Zoning Hearing Board, while the
conditional use hearing is heard by Derry Borough Council.
A building or complex containing two or more dwelling units
where each dwelling unit is owned individually, but common ownership
exists with parts of the property, such as common separating structures,
the grounds, and certain other buildings/structures associated with
the condominium such as playgrounds, swimming pools and recreation
facilities.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
A health services establishment whose purpose is to assist
patients to recover health and strength gradually after sickness or
weakness (not to be confused with such uses as halfway houses).
The remodeling of a single-household dwelling unit into two
or more separate living units, each having a minimum of not less than
800 square feet of habitable area, one bathroom and three habitable
rooms (at least one of which shall be a bedroom), separate and private
sanitary facilities, cooking and dining facilities for each dwelling
unit. All units must meet the required Fire, Safety and Housing Codes
and applicable zoning requirements for the district wherein contained.
Basement and/or cellar dwellings shall not be defined as conversion
apartments.
A county of the second class through eighth class; the largest
administrative division of most states in the United States of America.
A land use and growth management plan prepared by the County
Planning Commission which establishes broad goals and criteria for
municipalities to use in preparation of their comprehensive plans
and land use regulations.
The Westmoreland County, Pennsylvania, Planning Commission.
The total square feet of a lot's area that is covered by
the principal building, and all accessory buildings (exclusive of
uncovered porches, terraces, and steps) taken on a horizontal plane
at the mean grade level.
A right-of-way, municipally or privately owned, intended
to provide access for pedestrians.
A street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
A public or nonprofit institution within the Borough, which
engages in the cultural, intellectual, scientific, environmental,
educational or artistic enrichment of the people of the Borough. "Cultural
facilities" includes aquaria, botanical societies, historical societies,
performing arts associations or societies, scientific societies, wildlife
conservation organizations and zoological societies. "Cultural facilities"
does not mean any school or any institution primarily engaged in religious
or sectarian activities.
A pipe, conduit, or similar enclosed structure, including
appurtenant works, which carries surface water.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
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 appealed to the Court of Common
Pleas of Westmoreland County, Pennsylvania.
A region within a county or counties described in a municipal
or multi-municipal plan that preferably includes and surrounds a city,
Borough or village and within which residential and mixed-use development
is permitted or planned for at densities of one unit to the acre or
more, commercial, industrial, and institutional uses are permitted
or planned for, and public infrastructure services are provided or
planned.
See "building, detached."
The condition of a building, structure or sign, or any part
thereof, characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting, or other evidence of physical decay or neglect,
lack of maintenance or excessive use.
In accordance with the Pennsylvania Floodplain Management
Act and regulations adopted by the Department of Community and Economic
Development pursuant to that act; any activity requiring the production,
storage, use of any amount of radioactive substances; structures or
land used for the production or storage of any quantity of the following
materials; or structures or land used for any activity requiring the
maintenance of a supply [more than 550 gallons or other comparable
volume] of the following materials:
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Acetone
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Magnesium
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Ammonia
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Nitric acid and oxides of nitrogen
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Benzene
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Petroleum products (gasoline, fuel oil, etc.)
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Calcium carbide
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Phosphorus
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Carbon disulfide
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Potassium
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Celluloid
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Sodium
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Chlorine
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Sulfur and sulfur products
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Hydrochloric acid
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Pesticides (including insecticide, fungicides and rodenticides)
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Hydrocyanic acid
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Radioactive substances, insofar as such substances are not otherwise
regulated
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A physical or mental impairment which substantially limits
one or more of a person's major life activities, impairs their ability
to live independently, or a record of having such impairment, or being
regarded as having such impairment.
Any zoning district which is situate beside, near, or directly
across from another zoning district separated only by a street, alley,
right-of-way, easement, utility, park or any other natural feature
shall be considered an adjacent district.
Any zoning district in which the lot boundary lines from
one district physically touch the lot boundary lines of another district
and are not separated by a street, alley, right-of-way, easement,
utility, park or any other natural feature.
A building where, for compensation, rooms are provided for
four or more individuals, and in which no meals are furnished, commonly
used for colleges or universities.
A building used by two families with one dwelling unit arranged
over, beside, or in back of the other, and which may have more than
one side, front, and rear yards.
A dwelling unit shall mean a room or group of rooms located
within a building or structure and forming a single habitable unit
with facilities which are used or intended to be designed and used
for living, sleeping, cooking and eating, and sanitary purposes, for
a single household.
FAST FOODAn establishment where the principal business is the sale of food and nonalcoholic beverage in a ready-to-consume state and where the design or principal method of operation is that of a quick-service restaurant where orders are generally not taken at the customers' tables, where food is generally wrapped in disposable wrapping or containers, and where food and beverage may be served directly to the customer in an automobile.
SIT-DOWNAn establishment including restaurants with bars; means an establishment where the principal business is the sale of food in a ready-to-consume state, where there is no service to a customer in an automobile and where the design or principal methods of operation consist of one or more of the following:
A sit-down restaurant where customers are normally provided
with an individual menu, are generally served food in nondisposable
containers by a restaurant employee at the same table or counter at
which the food and beverage items are consumed; or
A cafeteria or cafeteria-type operation where food and beverage
generally are served in nondisposable containers and are consumed
within the restaurant; but not including a private or civic club as
defined herein.
The date on which this chapter is duly adopted by the Borough
or as specified in ordinance adopting same.
Electric public utilities transmission and/or distribution
facilities, including substations.
Any structure or activity which in any manner changes, expands
or diminishes the course, current or cross section of any watercourse,
floodway or body of water; and/or a building or structure, or any
portion of the same, that extends beyond the boundaries of one owner
and illegally intrudes on the land of another abutting or adjoining
property, street, alley or right-of-way.
Any act or performance such as a play, skit, reading, revue,
pantomime, scene, song, dance, musical rendition or striptease, whether
performed by employees, agents, contractors or customers. The term
"entertainment" shall also mean bartenders, waiters, waitresses or
other employees exposing specified anatomical areas or engaging in
specified sexual activities in the presence of customers.
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 this erection.
Any person or business association or escort agency that
furnishes, offers to furnish, or advertises to furnish escorts as
one of its primary business purposes for a fee, tip, or other consideration.
Buildings and structures governed by local, state or federal
agencies including police and fire departments, U.S. Post Office,
ambulance and EMS services, courthouse, town hall and municipal buildings.
Fire alarm boxes, traffic signals, hydrants and similar equipment
are necessary accessories for the furnishing of essential services
for the public health, safety, or general welfare.
A heavy industrial establishment that extracts minerals from
the earth.
The most probable price in United States currency that a
property would sell for if listed on the open real estate market,
and that a potential buyer would agree to pay and the property owner
would agree to accept, wherein all parties are fully aware of the
current and/or potential uses and conditions, and wherein neither
party is under undue pressure to complete the transaction, and both
parties desire to maximize their interests relative to the transaction.
The fair market value shall be determined by using two or more currently
marketed and/or sold properties of similar use and/or type.
An individual, or two or more persons related by blood, marriage
or adoption, living together in a dwelling unit, or a group of not
more than five individuals not necessarily related by blood, marriage,
adoption, or guardianship, living together in a dwelling unit as a
single housekeeping unit under a common housekeeping management plan
based on an intentionally structured relationship. A group of not
more than three unrelated disabled people living together as a single
housekeeping unit in a dwelling unit and sharing common facilities
as considered reasonably appropriate for a family related by blood,
marriage, adoption or guardianship. If appropriate, one staff person
may reside on the premises and will not be included in the total number
of occupants. Any additional staff shall be included in the total
number of occupants.
An artificially constructed barrier arranged as a line of
demarcation between lots, or to enclose a lot, or any portion thereof,
or to define areas on a lot and which is made from rails, timbers,
chain link, boards, hedges, wire mesh or vinyl, or any other similar
materials. (See also "screening" and "walls.")
This category includes the flags of the United States, the
states themselves, local governments, foreign nations having diplomatic
relations with the United States, institutions, businesses, and any
other flag adopted or sanctioned by an elected legislative body of
competent jurisdiction. Any flag that does not meet these requirements
shall be considered a banner sign by this chapter.
Maps prepared by the Federal Emergency Management Agency
for the Borough of Derry, indicating the floodway, one-hundred-year
flood, and the five-hundred-year flood for purposes of regulating
land use as prescribed by the National Flood Insurance Program.
Any land area susceptible to being inundated by water from
any source during the base flood, as shown on the most current floodplain
maps prepared by the Federal Insurance Administration and approved
by the Federal Emergency Management Agency (FEMA) for the purpose
of determining the official federal-designated floodplain, floodway
and floodway fringe. These maps are based on the most current Flood
Insurance Study prepared by the Federal Emergency Management Agency;
the study being the definitive source of floodplain information, particularly
in regards to base flood elevations and floodway widths as reflected
in the floodplain regulations of the Borough of Derry[3] and indicated on the Flood Boundary and Floodway Maps.
The sum of the gross horizontal areas of the several floors
of a building and any accessory buildings on the same lot, excluding
cellar and basement floor area 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 ratio of floor area of a building to its lot area. For
example, when a floor area ratio of 0.4 is specified, the floor area
of a building constructed on a lot of 10,000 square feet is limited
to a maximum of 4,000 square feet. The number of stories being optional,
the building area may be 4,000 square feet for one story, 2,000 square
feet for two stories, and so forth.
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.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives.
No commercial messages of any kind are allowed on these signs unless
the involved message is not legible from any location off the involved
lot.
Any sign supported by structures or supports that are placed
on, or anchored in the ground and that are independent from any building
or other structure. No commercial messages are allowed on these signs
except for a commercial message drawing attention to an activity legally
offered on the premises if permitted.
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal may be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks, trains or other similar vehicles
and buildings or areas for the repair of the vehicles associated with
the terminal.
All lots of land have more than one type of frontage. An
empty lot does not have building frontage because no structures exist,
but it does have a front lot line which determines the mailing address
of the lot. The term for that is "lot frontage." If it is an empty
interior lot, it will also have street frontage on one street. If
it is an empty corner lot, it will have street frontage on two or
more streets. A property that sits on a body of water (such as lake)
would have lake frontage. A lot only has building frontage when and
if a structure is set upon the lot.
The building frontage of any business/structure is determined
by measuring the side of the building where access is gained by a
street frontage. If access is gained from two street frontages, the
business/structure has two building frontages that may be used to
calculate the maximum allowable wall signage. Building frontage relates
to the sides of the building closest to and most nearly parallel to
any abutting street or streets. Any sides of a building that are not
exposed to a street are not included in the measurements for building
frontage.
The lot frontage (front lot line) of all lots shall be determined
according to the street/mailing address issued by the United States
Post Office. A minimum lot frontage requirement specifies the shortest
measurement permitted. Note: The entry point of any building placed
on any lot may be changed per the desires of the property owner; however,
the actual lot frontage (front lot line) used in any measurements
or calculations shall be determined by the street/mailing address.
The sides of a lot abutting one or more streets. An interior
lot generally has one street frontage. Through lots and corner lots
physically abutting two or more streets have two or more street frontages.
An establishment engaged in undertaking services such as
preparing the human deceased for burial, and arranging and managing
funerals, including mortuaries and crematoria.
A deck, building, parking structure, or part thereof used
or intended to be used for the parking and storage of vehicles.
A garage used exclusively for parking and storage of vehicles
that are owned or operated by residents of nearby dwelling units and
their guests. Such a garage is neither operated as a commercial enterprise
nor available to the general public. The residents themselves are
responsible for its operation.
A structure that is accessory to a retail, commercial or
manufacturing establishment that is used exclusively for the parking
and storage of vehicles operated by the establishment's owners, tenants,
customers, visitors, and employees.
A structure that is accessory to a residential building and
that is used for the parking storage of vehicles or boats owned and
operated by the residents thereof. A private residential garage is
not a separate commercial enterprise available to the general public.
A structure or portion thereof that is used primarily for
the parking and storage of vehicles and that is available to the general
public but is not a private residential garage, private customer and
employee garage, community garage, or municipal garage.
Any department, commission, independent agency, or instrumentality
of the United States, the Commonwealth of Pennsylvania, Westmoreland
County, the Borough of Derry, or any other relevant governmental authority.
A building or structure owned or leased by a governmental
agency.
Offices contained within the principal use (not considered
professional offices or home occupations) for the purpose of conducting
business on behalf of Derry Borough, (i.e., Tax Collector, Zoning
Officer or Mayor).
The completed surfaces of lawns, walks, and roads brought
to grades as shown or official plans or designs relating thereto.
A single-household, one-unit dwelling or structure occupied
or accommodating five or more unrelated individuals and which may
include but not be limited to the following types of facilities:
Group housing may involve a living arrangement where support
services are provided to the occupants, including a live-in supervisor,
where cooking, living and sanitary facilities are shared in common
between the occupants, or where there is a formal program establishing
rules of conduct and purpose of the facility. A group home is not
a typical functioning family consisting of one or more persons who
may include parent(s) and children and other persons who may be temporary
guests (but are not considered roomers). Group homes may be for both
the nonprotected classes and the protected classes of people under
the Americans with Disabilities Act, the Fair Housing Act, or their
amendments.
For purposes of lot regulations or restrictions in this chapter,
a "hardship" refers to "the lay of the land," including unique physical
circumstances or conditions of a lot, such as irregularity, narrowness,
or shallowness of lot size or shape, or exceptional topographical
or other physical conditions peculiar to the particular property,
and not the result of the action of the applicant, whereby a literal
enforcement of the regulations would not permit a property owner to
use the property in a requested manner. A hardship does refer to any
personal issues and/or financial issues that a property owner may
have. (Also see "variance.")
A state or federally licensed institution providing primary
health care services and medical or surgical care to persons who are
primarily inpatients that are suffering from illness, disease injury,
deformity, or other abnormal physical or mental conditions. Facilities
may contain, as an integral part of the institution, related facilities,
such as laboratories, outpatient facilities, training facilities,
medical offices, and staff residences.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
Any apartment dwelling with a height of five or more stories.
A business conducted within a residence.
A home-based business is any lawful, commercial activity
that is conducted entirely within a dwelling and carried on by the
inhabitants thereof which is regulated by the Borough to preserve
the peaceful ambience of its residential neighborhoods, and to prevent
home-based businesses that may have a negative effect on nearby residents.
A home-based business may be no-impact or minor-impact business and
may be permitted either by right or special exception per the criteria
set forth in this chapter.
A temporary living arrangement for more than four persons,
not related by blood or marriage, with a terminal disease that requires
full-time support, therapy, and treatment. A hospice offers, for a
fee, terminal care emphasizing quality of life, limiting invasive
procedures, and palliative measures. It focuses on alleviating physical
pain and symptoms while providing psychosocial, practical, spiritual,
and bereavement support. A hospice is an alternative to a hospital
or nursing home. Residency is measured in weeks, months, or no more
than one or two years.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping units for transient lodging
accommodations to the general public, designed with individual entrances
and providing for accessory off-street parking facilities, and that
does not provide any of the services included in the definition for
"adult motel" or similar facilities. A hotel/motel may include restaurants
and newsstands.
Either a family living together, or a single person living
alone, in a single dwelling unit with common access to and common
use of all areas within the individual dwelling. A household shall
not include persons living together in a group home facility, halfway
house, personal care, boarding home or transitional-type dwelling,
as defined herein, or any other supervised group living arrangement
for persons not protected by the Fair Housing Act or for any persons
who constitute a direct threat to others or their physical property.
A church, synagogue, temple or other facility that is used for
prayer or worship by persons of similar beliefs.
A special purpose building that is architecturally designed
and particularly adapted for the primary use of conducting, on a regular
basis, formal religious services by a religious congregation.
Identifies only the address and name of the occupant.
Signs which are illuminated by electrical, mechanical or
other means as well as those using luminous paint or reflectorized
glass to reflect light. Illuminated signs include electronic message
boards, which is a sign, display or device, including a digital electronic
sign and LED (light-emitting diode) sign that changes its message
or copy by programmable electronic or mechanical processes, regardless
of size; also a sign utilizing a fixed light source to provide a message
in text, images, pictures and/or symbols that may appear to move or
may appear as an on/off message.
[Amended 2-13-2017 by Ord. No. 773]
See "street, improved."
Any sign attached to any part of a building, as contrasted
to a freestanding sign. A sign, generally informational, that has
a purpose secondary to the use of the lot on which it is located,
such as "no parking," "entrance," "loading only," "telephone," and
other similar directives. No commercial messages of any kind are allowed
on these signs unless the involved message is not legible from any
location off the involved lot.
A land use that:
Engages in research and development, wholesale distribution,
storage, warehousing, packaging, production, fabrication, processing,
cleaning, servicing, repair, testing, and/or manufacturing activities;
but
Cannot be classified as a "light industrial" use; and
Includes all other uses of industrial nature undefined herein
not specifically prohibited by law.
A light industrial use fits into one of the following two
categories:
A land use that engages in the research and development, wholesale
distribution, storage, warehousing, packaging, and/or light manufacturing
of the products listed in the table below, so long as substances which
have been identified as hazardous materials by federal, state, county,
or Borough actions are not used or handled in quantities greater than
those that would normally be associated with commercial operations.
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Art equipment
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Musical instruments
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Audio equipment
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Novelties
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Ceramics, pottery, or figurines using only previously fired
clay and kilns fired by either electricity or gas
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Optical devices and equipment
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Clocks
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Passive electronic components
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Communications equipment
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Photographic equipment
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Computers and computer equipment
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Printed and published materials
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Data-processing equipment and systems
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Radios or radio equipment
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Graphics
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Robotics
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Electric household appliances and equipment
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Rubber and metal hand stamps
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Electric, neon, or billboard signs
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Semiconductors
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Ice
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Sheet metal products such as heating and ventilation ducts,
cornices and eaves
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Lasers
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Television equipment
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Medical instruments
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Toys
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Medicine
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Vacuum technologies
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Metering equipment
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Watches
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Land uses involved in the wholesale distribution, storage, warehousing,
manufacturing, processing, canning, or packaging of goods from previously
prepared materials that are listed below, so long as the involved
facility does not:
Render or refine fats and oils; and/or
Handle substances, in quantities greater than those normally
associated with commercial operations, that have been identified as
hazardous materials by federal, state, county, or Borough actions.
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Agricultural products
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Horn
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Animal or human hair
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Leather
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Animal or human bone
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Natural fibers
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Canvas
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Paint
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Cellophane
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Paper
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Cloth
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Pharmaceuticals
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Cork
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Plastics
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Cosmetics
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Precious or semiprecious metals or stones
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Dairy products
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Shell
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Drugs
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Soaps
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Feathers
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Soft drinks
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Felt
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Textiles
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Food products
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Tobacco
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Fur
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Wood
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Glass
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Any worn, cast off, or discarded article or material which is
ready for destruction or which has been collected or stored for sale,
resale, salvage, or conversion to some other use. (e.g., abandoned
vehicles, scrap metals and their alloys, bones, used cloth, rubber,
rope, tinfoil, bottles, old machinery, tools, appliances, fixtures,
utensils, paper, lumber, boxes or crates, pipe or pipe fittings, tires,
and other manufactured goods that are not currently awaiting imminent
repair, and that are so worn, deteriorated, rusted or obsolete as
to make them unusable in their existing condition, without being altered,
disassembled, unfastened, changed or reconditioned to serve for its
original purpose as readily as when new). Materials which are lawfully
stockpiled for recycling purposes by a valid recycling center are
not included in this definition. Any article or material which can
be used for its original purpose as readily as when new, without being
altered, disassembled, unfastened, changed, or reconditioned, shall
not be considered junk. The term "junk" shall include junk vehicles.
The term "junk" shall not include a "classic motor vehicle"
nor an "antique motor vehicle," which are defined as follows:
A "classic motor vehicle" is a self-propelled vehicle, but not
a reproduction thereof, manufactured more than 10 years prior to the
current year and, because of discontinued production and limited availability,
determined by the Department of Transportation of the Commonwealth
of Pennsylvania to be a model or make of significant value to a condition
which is substantially in conformity with manufacturer specifications
and appearance, and which bears a current, valid "classic motor vehicle"
registration plate.
An "antique motor vehicle" is a motor vehicle, but not a reproduction
thereof, manufactured more than 25 years prior to the current year
which has been maintained in or restored to a condition which is substantially
in conformance with manufacturer specifications, and which bears a
current, valid antique motor vehicle registration plate.
The use of 200 square feet or more of the area of any lot,
whether inside or outside a building, for storage, keeping, or abandonment
of junk, including scrap metals, or for the dismantling, demolition,
or abandonment of automobiles or other vehicles, machinery or parts
thereof and any worn, castoff or discarded article or material which
is ready for destruction, or which has been collected or stored for
sale, resale, salvage, or conversion to some other use.
As used in this chapter, means having knowledge of, or reason
to know, or a belief or ground for belief which warrants further inspection
or inquiry of the character and content of any material or performance
described herein which is reasonably susceptible of examination by
a licensee or person; the age of the minor, provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the licensee or person made a reasonable bona fide attempt to ascertain
the true age of such minor. "Knowingly" also means that a reasonable
person, using reasonable skills and faculties, would have known or
been aware.
Ground, soil, or earth, including structures on, above, or
below the surface.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee, receiver, or guardian of the
estate, or as mortgagee in possession, regardless of how such possession
was obtained. All persons, partnerships, corporations, and other legal
entities that have an ownership interest (including purchasers and
sellers under a real estate contract) in the subject property.
A public facility housing a collection of books, magazines
or other material which is loaned to the general public without charge
(excludes adult bookstores or similar publication facilities).
See "off-street loading berth."
See "boarding house."
A parcel of land occupied by, or which may be occupied by,
buildings or structures, including the yards and other open spaces,
as required by this chapter, of the land shown as a separate lot or
parcel on the records of Westmoreland County, Pennsylvania.
The total area circumscribed by the legal boundaries of a
lot.
An occupied or unoccupied lot whose area and dimensions meet
the requirements of the zoning district in which it is located.
A lot at the junction of, and abutting on two or more intersecting
streets, or private roads, or at the point of abrupt change of a single
street, or private road, where the interior angle is less than 135°.
See "coverage."
The distance between the front lot line and rear lot lines,
measured perpendicularly to the right-at-way line at the median between
the two side lot lines.
See "frontage, lot."
A lot on which a building either can be constructed or occupied
and which meets the requirements of this chapter.
A lot other than a corner lot. A through lot is also considered
interior lot, but it has access to two streets at the front and rear
lot lines.
A line of record bounding a lot that divides it from an adjacent
or abutting property, street, right-at-way, or public space. There
are five kinds of lot lines, as specified below.
LOT LINE, FRONTThe location of the front lot line for all lots shall be determined by the street/mailing address issued by the United States Post Office for any parcel of land.
LOT LINE, REARA lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of triangular or otherwise irregularly shaped lots, the rear lot line is a line that is a minimum of 10 feet in length that is entirely within the lot, parallel to the front lot line, and at a maximum distance from the front lot line.
LOT LINE, SIDE(S)On interior lots, these are lines are not the front and rear lot lines.
LOT LINE, STREET SIDEOn corner lots, this is a lot line that abuts the right-of-way of a street, but is not the front lot line.
LOT LINE, NON-STREET SIDEOn corner lots, this is a lot line that is not a front, rear, or street side lot line.
Interior lots having access to two streets, commonly situate
at the front and rear lot lines of the parcel, and having two sides
abutting/adjoining another parcel of land or rights-of-way, easements,
utilities, parks or any other natural features. A corner lot is not
a through lot.
A lot that exists as shown or described on a plat, subdivision
or deed in the records of the local Recorder of Deeds.
The distance between the side lot lines.
Any apartment dwelling with a height of not more than four
stories.
The making of product for wholesale or retail distribution
or for internal use from raw materials by hand, or by machinery, or
to produce according to an organized plan and with division of labor.
Any sign attached to or made a part of a marquee. A permanent
roof-like structure or canopy of rigid materials supported by and
extending from the facade of a building. (Also see "canopy sign.")
Facilities for the examination of materials derived from
the human body to provide information for the diagnosis, prevention,
or treatment of any disease or impairment of, or the assessment of
the health of human beings. The definition includes specimen collection
stations and blood banks which provide, through their ownership or
operation, a system for the collection, processing, or storage of
human blood and its component parts as well as tissue banks which
procure, store, or process human or animal tissues designed to be
used for medical purposes in human beings.
The replacement of existing materials with equivalent materials
for the purpose of its routine maintenance and upkeep. This does not
include the removal or cutting of any structural beam or bearing support,
or the removal or change of any required means of egress, or rearrangement
of parts of a building or structure affecting the exitway requirements;
nor shall minor repairs include: addition to, alteration of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, oil, waste, vent, or similar piping, electric wiring
or mechanical or other work which would affect public health or general
safety.
A transportable, single-household dwelling unit not constructed
in accordance with the standards set forth in the Uniform Building
Code applicable to on-site built homes, and containing complete electrical,
plumbing and sanitary facilities intended for permanent occupancy,
and composed of one or more components, each of which was substantially
assembled in a manufacturing plant and designed to be transported
to the home site on its own chassis, and exceeds 40 feet in length
and eight feet in width separated for repeated towing, and constructed
so that it may be used with or without a permanent foundation, and
placed on a site for more than 180 consecutive days. (For purposes
of determining standards that apply, a distinction is made between
manufactured home/modular housing units mounted on a permanent foundation,
which meet all the requirements of the adopted Uniform Building Code.[4]) (See "trailer, house.")
A parcel, or contiguous parcels of land, that are so designated
and improved to contain two or more rental spaces/lots for occupancy
specifically by mobile homes, together with certain accessory buildings
and uses provided for the benefit and enjoyment of the residents of
the park, improved with necessary utility connections and other appurtenances
necessary for erection thereon of mobile homes, which mobile homes
and/or land may be either owned or rented.
See "hotel/motel."
A public institution devoted to the procurement, care, study,
and display of objects of lasting interest or value; a place where
such objects are exhibited.
An area of a community with characteristics that distinguish
it from other areas of that community, and which may include distinct
ethnic or economic characteristics, housing types, schools, or boundaries
defined by physical barriers (e.g., major highways, railroads, and
natural features such as rivers).
A building or structure which does not conform to all the
height, area, and yard regulations of the district in which it is
located, where such structure was lawfully in existence prior to the
enactment of this chapter or any amendments hereto, or prior to the
application of this chapter or any amendments to its location by reason
of annexation or Zoning Map changes.
A lot which does not conform to lot width, depth and/or area
regulations, where such use was lawfully in existence prior to the
enactment of this chapter or any amendments hereto, or prior to the
application of this chapter or any amendments to its location by reason
of annexation or Zoning Map changes.
A nonconforming sign is defined as a sign that was legally
established before the effective date of this chapter's enactment
and, due to said ordinance enactment, no longer conforms to the requirements
of this chapter.
A use which does not conform to the regulations of a district in which it is located where such use was lawfully in existence prior to the enactment of this chapter or any amendments hereto, or prior to the application of this chapter or any amendments to its location by reason of annexation or Zoning Map changes. Also see Article III, Nonconforming Buildings and Uses.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast with less than a fully opaque covering,
or showing the female breast with less than a fully opaque covering
or any portion thereof below the top of the nipple.
A building with sleeping rooms where elderly persons are
housed or lodged and furnished with meals and nursing care for hire
and is operated under the laws and licensing of the Commonwealth of
Pennsylvania.
Either the residing of an individual or individuals overnight,
or longer, in a dwelling unit; or the use by individuals during business
hours in any private, public, commercial or industrial building; or
the storage or use of equipment, merchandise or machinery in such
dwellings or structures.
A statement signed by the Zoning Officer setting forth either
that a building or structure complies with this chapter, or that a
building, structure, or parcel of land may lawfully be employed for
a specified use, or both.
An area for the loading or unloading of cargo that is directly
accessible to an access aisle, and which is not located on a dedicated
street right-of-way.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and which is not located on a dedicated
street right-of-way; having an area of not less than 162 square feet,
and having a minimum rectangular dimension of nine feet by 18 feet
which is used exclusively for parking, and exclusive of any access,
turning or exit lanes or area, for one vehicle.
A space within a structure, or a portion thereof, intended
or primarily suitable for vocational occupancy by persons or entities
which perform, provide for their own benefit, or provide to others
at that location, professional services defined herein as "professional
offices and services." However, such office uses exclude retail sales
and services as defined herein and any business characterized by the
physical transfer of tangible goods to customers on the premises,
wholesale shipping, receiving, storage, and design showcases or any
other space intended and primarily suitable for the display of goods.
That unoccupied space open to the sky of which 80% must be
vegetative material.
The keeping of any goods, material, merchandise, or vehicles
in the same enclosed or unenclosed area for more than 24 hours.
A zoning district that encompasses one or more underlying
zones, and that imposes additional requirements above those required
by the underlying zones.
A park, playground or other facility or open space area providing
active or passive recreational opportunities for the general public
that may or may not contain any pavilions, play fields or ball fields.
Any public or private area in, under or outside of a building
or structure, designed and used for parking motor vehicles. This term
includes parking lots, garages, private driveways, and legally designated
areas of public streets.
A parking area for the exclusive use of the owners, tenants,
lessees, customers, employees, or occupants of either the lot on which
the parking area is located or the business situated on that lot.
A parking area open to the public; with or without payment
of a fee.
Any place, lot, parcel, or yard used in whole or in part
for storing or parking six or more motor vehicles where a storage
or parking fee may be charged, or where the lot is operated in connection
with or for the exclusive use of, the customers of a retail store,
theater, or any commercial, industrial, or institutional use.
A space for the parking of one motor vehicle within a public
or private parking area having an area of not less than 162 square
feet, and having a minimum rectangular dimension of nine feet by 18
feet which is used exclusively for parking, and exclusive of any access,
turning or exit lanes or area, for one vehicle.
A ground level structure with at least three sides open and
used for residential purposes.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series and designed to move in the wind.
Written governmental permission issued by an authorized official,
empowering the holder thereof to perform some act not forbidden by
law, but not permitted without such an authorization.
A person in whose name a permit and/or license has been issued.
This person is also the individual listed as an applicant on the application
for a permit and/or license. The applicant may be someone other than
the property owner if said person is duly authorized, in writing,
to represent the owner.
A land use or structure that:
A land use or structure that:
A land use that is allowed in a zoning district and subject
to the regulations and/or restrictions applicable to the zoning district
in which it is located.
Any individual, legal representative, sole proprietorship,
association, company, corporation, firm, organization, or partnership,
singular or plural, of any kind.
The Planning Commission consists of Derry Borough residents
appointed by the Derry Borough Council for purposes, including but
not limited to preparing, presenting, and making recommendations to
Council concerning the adoption, or any amendments thereto, of any
zoning ordinance or building or housing code; proposing recommendations
to governmental, civic, and private agencies and individuals as to
the effectiveness of any proposals of such agencies or individuals;
hold public meetings and hearings; present testimony to any Board;
enter upon any land with the permission of the owner to make any examination
and/or land surveys thereof; performing studies and/or public surveys;
and promoting public interest in the Comprehensive Plan and planning
in general.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
A large-scale project constructed by a single owner or group
of owners acting jointly and involving a related group of uses planned,
developed and regulated as an entity. Such developments are compactly
arranged individual or multi-household dwelling units grouped in or
around common open spaces, together with public and semipublic uses
and noncommercial recreation facilities, provided they are functionally
integrated so that the character of the development conforms to the
purpose and intent of this chapter. Such developments shall include
the necessary covenants or legal provisions and financial programs
as will assure conformity to and achievement of the Comprehensive
Plan.
A map, plan, or layout showing the subdivision of land and
indicating the location and boundaries of individual properties.
An active recreational area with a variety of facilities
which generally includes equipment for younger children, court games,
and field games. (Also see "park.")
A new development or existing single structure designed to
be occupied by multiple retail businesses or business offices primarily
through floor space rental or lease agreements. A group of retail
establishments planned, constructed, and managed as a total entity
with customer and employee parking provided on-site, provision of
goods delivery separated from customer access, and protection from
the elements via a canopy or other enclosure.
Any sign located on a lot designated as a plaza. A building
or freestanding sign, externally or internally illuminated, permanent
structure whose purpose is to identify the plaza name and the names
of the individual occupants in a structure designed to be occupied
by multiple retail businesses or business offices primarily through
floor space rental or lease agreements. A group of retail establishments
planned, constructed, and managed as a total entity with customer
and employee parking provided on-site, provision of goods delivery
separated from customer access, and protection from the elements via
a canopy or other enclosure.
Any sign not permanently attached to the ground or another
permanent structure, or a sign designed to be transported. This includes,
but is not limited to, signs designed to be transported by means of
wheels; signs converted to A or T frames, menu and sandwich board
signs; balloons used as signs; patio-type umbrellas used for advertising;
and signs attached to or painted on vehicles parked and visible from
the public right-of-way, unless said vehicle is driven in the normal
day-to-day operations of the business.
See "property."
See "building, principal."
The primary or predominant uses of any lot or parcel.
A business that performs commercial printing, publishing,
binding and/or typesetting services.
Organizations catering exclusively to members and their guests;
or premises and buildings for recreational or athletic purposes which
are not conducted primarily for gain, providing that any vending stands,
merchandising or commercial activities are conducted only as required
generally for the membership of such club. Such clubs would include
the American Legion, Elks Club, Rod and Gun Clubs or the VFW, and
operating under the nonprofit laws of the State of Pennsylvania.
A legally established right-of-way, other than a street,
which provides the primary vehicular access to a lot or lots, and
is privately maintained.
An individual or association that provides the salable commodity
offered to the client, including the following types of practices:
accountant, administrative or clerical work, architect, physician,
dentist, chiropractor, lawyer, engineer, notary public or real estate
agent and who are licensed under the laws of the Commonwealth of Pennsylvania
(excluding adult sexually oriented services).
A place where a particular kind of business is transacted
or services of the practitioner are the salable commodity offered
to the client for the following types of practices: accounting, architect,
auditing, bookkeeping and tax return services, advertising agencies,
attorneys and legal services, banks and similar financial institutions,
chiropractor, employment agencies, engineering, architectural, and
surveying services, medical, dental, vision and hearing clinics and
offices on an outpatient basis, notary public, real estate sales offices
and other brokerage sales offices, travel agencies and other commonly
accepted professional services that are licensed under the laws of
the Commonwealth of Pennsylvania (excluding adult sexually oriented
offices and services).
A use that is not permitted in any zoning district.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall. A projecting sign incorporates a heavy, integral
steel frame and mounting bolts or steel supports that completely penetrate
the building wall. These through bolts or supports must be attached
to heavy, horizontal, steel braces on the inside wall surface to enable
the sign to resist wind force.
A lot, parcel, or tract of land, as well as all buildings
and structures located thereon. (Same as "premises.")
See "lot line."
Buildings and structures for closely regulated enterprises
with a franchise for providing to the public a utility service deemed
necessary including natural gas, electric, land line telephone service,
water and sewage services (excluding production, service, and storage
yards) wires, mains, drains, sewers, pipes, conduits and cables are
necessary accessories for the same. Commercial wireless communications
companies are not considered a public utility.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
An industrial area dedicated to the repairing and maintenance
of railroad equipment or the crossroads of rails lines where the switching
of rail cars takes place.
A facility engaged in scientific analysis, testing of hypotheses,
product testing, consumer preference testing, pharmaceuticals, development
of methodologies, and similar activities. Also, an establishment which
carries on investigations in the natural, physical, or social sciences,
which may include engineering and product development.
Businesses characterized by the physical transfer of tangible
goods to customers on the premises and design showcases or any other
space intended and primarily suitable for the display of goods for
sale and servicing of the same including: appliance sales and service,
antique shops, bakeries, barber and beauty shops, camera and photography
sales and service, cards, gifts and stationery stores, clothing stores,
consignment and thrift shops, computer sales and service, convenience
stores, drugstores, florists, plant and flower sales, furniture re-upholstery
and repair, general merchandise, variety, and department stores, grocery
and food stores and markets, hardware, glass, paint, floor covering,
wallpaper, and fabric stores, hobby, arts, crafts and toy shops, home
furnishings stores, jewelry sales and service, janitorial cleaning
and maintenance services, liquor stores, limousine and cab services,
locksmiths, medical equipment sales and rental, radio, television,
consumer electronics and music stores, sporting goods, pet supply
stores, physical fitness facilities, shoe sales and repair shops,
tanning salons and other commonly accepted retail sales and services
(excluding adult sexually oriented materials sales and services).
The following may be permitted with inside only storage: general equipment
rental and leasing, home appliance sales and service, lumber and building
supply, plumbing and electrical supply, small engine and lawnmower
repair.
A portion of land that is acquired by reservation, dedication,
forced dedication, prescription, or condemnation, and is intended
to be occupied by a road, crosswalk, railroad, electric transmission
line, oil pipeline, gas pipeline, water line, sanitary sewer line,
storm sewer line, and/or other similar use;
Generally, the legal right of one to pass over or otherwise
legally use the property of another.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
See "boarding house."
See "townhouse."
A lot or land, or part thereof, used primarily for the disposal
by abandonment, dumping, burial, or burning or any other means and
for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
A device that is composed of a reflective surface that is
solid, open mesh, or bar-configured, and is in the shape of a shallow
dish, cone, or horn. Satellite dish antennas are used to transmit
or receive radio or similar-type signals to or from terrestrially
based towers and/or earth-orbiting satellites. This definition is
meant to include, but is not limited to what are commonly referred
to as "satellite earth stations," "TVROs" (television reception only),
and "microwave antennas."
Any building or part thereof, which is designed, constructed,
or used for education or instruction in any branch of knowledge including
colleges or universities supported wholly or in part by public funds
and other colleges or universities giving general academic instruction,
as prescribed by the Pennsylvania State Board of Education.
A school that meets Pennsylvania State requirements for elementary
or secondary education and that does not secure the major part of
its funding from any governmental agency.
Any building, structure, facility, or complex used by the
general public for education that is licensed by the state and that
meets the state requirements for education, whether constructed by
the Commonwealth of Pennsylvania, Westmoreland County, the Borough
of Derry, a local government, a governmental instrumentality, a private
individual, a corporation, a partnership, or an association and which
secures a major part of its funding from governmental agencies.
A vegetative material or opaque fence or fencing of sufficient
height and density to filter adequately from the view, in abutting
or adjacent districts, the structures and uses on the premises upon
which the screen planting or fence is located. (See also "fence" and
"walls.")
A state of dress in which the clothing covers no more than
the genitals, pubic region, and areola of the female breast, as well
as portions of the body covered by supporting straps or devices.
The distance that must be maintained between all parts (except
for walks and steps) of all buildings (except permitted accessory
uses as stipulated) and a specified lot line or publicly held right-of-way.
In this chapter, this distance is sometimes expressed as a range between:
a minimum setback (the shortest distance that may exist between a
relevant building and a specified lot line or publicly held right-of-way)
and maximum setback (the longest distance that may exist between a
relevant building and a specified lot line or publicly held right-of-way).
More often, this distance is expressed simply as a minimum setback
(i.e., no maximum setback is given). There are five kinds of setbacks,
which differ only in that they are measured from different specified
lot lines or publicly held rights-of-way.
FRONT SETBACKThe distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the front lot line or publicly held right-of-way. The area between the front lot line and the line formed by the main front of the principal building(s) and running the entire width of the lot is the front yard.
REAR SETBACKThe distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the rear lot line or publicly held right-of-way. The area between the rear lot line and the line formed by the rear of the principal building and running the entire width of the lot is the rear yard.
SIDE SETBACKFor interior lots: the distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the side lot line on the side of the lot to which those parts are closest. The area between a side lot line and the line formed by the side of the principal building that is closest to that side lot lines are the side yards.
STREET-SIDE SETBACKFor corner lots: the distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the street-side lot line or publicly held right-of-way. The area between the street-side lot line and the line formed by the side of the principal building that is closest to the street-side lot line is the street-side yard. In this definition, the "street side" referred to is not the front street lot line.
NON-STREET-SIDE SETBACKFor corner lots: the distance that must be maintained between all parts (except for walks or steps) of all buildings (except permitted accessory uses as stipulated) and the non-street-side lot line. The area between the non-street-side lot line and the line formed by the side of the principal building that is closest to the non-street-side lot line is the non-street-side yard.
If the sidewalks directly in front of any lot (or situate along
any additional lot street sides) are not legally included as a part
of that lot, then six feet shall be subtracted from that lot's minimum
and maximum front setback requirements. If the sidewalks directly
along the side street side of a corner lot are not legally included
as a part of that lot, then six feet shall be subtracted from that
lot's minimum and maximum side street setback requirements. These
adjustments are to compensate for the setbacks that are already provided
for the involved lot by the sidewalk property, and may not be interpreted
as allowing the construction of a structure beyond the lot's legal
boundaries.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude.
This term does not include the following types of commercial
enterprises:
An enterprise in which massage therapy that does not involve
specified sexual activities is provided by a physician, chiropractor,
registered nurse, or other medical practitioner licensed or certified
by the Commonwealth of Pennsylvania; or
An enterprise in which massage therapy that does not involve
specified sexual activities is provided by a professional massage
therapist who is licensed by a national massage therapist professional
organization that has an explicit and enforced policy statement which
fully deals with the concerns raised by this chapter and furthers
the purpose of this chapter.
See "adult sexually oriented business."
Any structure or device for visual communication that is
used for the purpose of bringing the subject matter on it to the attention
of the public, including but not limited to signs, symbols and/or
wording painted or affixed in any manner on any structures.
A building used by one family having only one dwelling unit
and having a front, rear and two side yards.
A building used by one family having one side yard, and one
common wall with another building which may, or may not be, another
dwelling unit.
A specific use listed in the chapter as a special exception
(said use is not permitted by right), which may be granted after a
hearing by the Zoning Hearing Board and pursuant to the express standards
and criteria listed to enable such use only in the district in which
it is specifically listed. The Board may attach such reasonable conditions
and safeguards in addition to those listed in the chapter as it may
deem necessary.
Areas of the human body:
Activities including any of the following:
An accessory building in which horses are kept for private
use and not for hire, remuneration, exhibition or sale.
A building in which any horses are kept for remuneration,
hire, exhibition, or sale.
Long- or short-term storage facilities used for raw materials
(other than hazardous materials) that are incidental to manufacturing
and or transportation purposes and where all materials are held or
stored above ground only.
That portion of a building included above the foundation
wall 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 next ceiling
above it.
Any line defining the edge of the legal boundaries of a dedicated
street right-of-way.
A street is a public or private way which affords vehicular
access to abutting or adjacent properties but does not include driveways,
parking lots, or walkways. "Street" includes the entire right-of-way.
A street may be designated as a highway, thoroughfare, parkway, boulevard,
road, avenue, lane, drive, place, way, alley or other appropriate
name. A street may also be identified according to a type of use as
specified in the Subdivision and Land Development Ordinance for the
Borough of Derry.
See "frontage, street."
A street generally parallel and contiguous to a limited-access
highway for ingress and egress of said highway at intervals and to
provide access to abutting properties with protection from the highway
traffic.
See "building/structure."
Same as "building, principle."
Same as "building, principle."
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 devises, 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 exempt.
Any development of a parcel of land (for example, as a shopping
center or a multiple-dwelling project), which involves installation
of streets and/or alleys, even though the streets and alleys may not
be dedicated to public use and the parcel may not be divided immediately
for purposes of conveyance, transfer or sale.
Any development of a single parcel of land involving a group
of two or more principal and/or accessory buildings.
Any repair, reconstruction, enlargement or improvement of a
structure, the cost of which equals or exceeds 50% of the fair market
value of the structure, either:
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any structure, basin, chamber, or tank containing an artificial
body of water for swimming, diving, or recreational bathing and having
a depth of two feet or more at any point, either above or in the ground.
Any sign that is used only temporarily and is not permanently
mounted, set, attached or fixed.
An authorized use, of limited duration, that is to be discontinued
after the expiration of a specified time period.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
A building comprised of three to six individual dwelling
units, separated by common fire-resistant walls; each having separate
cooking, sleeping and sanitary facilities and separate addresses,
connections for utilities, etc; and private means of access to and
from the outside. No dwelling unit is located over the top or attached
to the back of another unit. Townhouses and row houses share a similar
design but are not considered condominiums, as the only common portions
of the property are the side walls that separate the units. The front
and back (where applicable, side) yards are normally owned by the
individual unit owners.
The word "trailer," when used in the context of the meaning
of "house trailer" or the word "house trailer," when used in this
chapter, shall have the same meaning as is ascribed to the word "mobile
home" as defined herein. (See "mobile home.")
Shall include travel trailer, pickup coach, motorized home,
boat and boat trailers, as defined below:
A travel-trailer is a vehicular, portable structure mounted
on a chassis and designated for temporary (short-term) occupancy for
travel, recreation and vacation purposes; permanently identified as
a "travel trailer" by the manufacturer of the trailer, and when factory-equipped
for the road, having a body width not exceeding eight feet and being
any length, provided its gross weight does not exceed 4,500 pounds
or any weight provided its body length does not exceed 29 feet.
A pickup coach is a structure designed primarily to be mounted
on a pickup or truck chassis with sufficient equipment to render it
suitable for use as a temporary dwelling for travel, recreational
and vacation use.
A motorized home is a portable dwelling designed and constructed
as an integral part of a self-propelled vehicle which is usually used
for camping or vacation purposes.
A boat is a vessel not exceeding 20 feet in length and designed
to travel on water.
A boat trailer is a trailer designed to haul a boat as defined
above.
The sale, lease or sublease of any business;
The transfer of securities which constitute a controlling interest
in any business whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
which transfers ownership or control of any business, except for transfer
by bequest or other operation of law upon the death of the person
possessing the ownership or control.
Either end of a carrier line having facilities for the handling
of freight and passengers for an automotive vehicle with a short chassis
equipped with a swivel for attaching a trailer and used especially
for the highway hauling of freight; a freight or passenger station
that is central to a considerable area or serves as a junction at
any point with other lines; a town or city at the end of a carrier
line.
Dwelling units that are situate on the floors above a business
or commercial establishment.
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."
Also know as "contract manufacturing," "value-added manufacturing"
essentially is the combining, processing and/or general preparation
of components which result in a finished product ready for sale to
the end consumer. Value-added manufacturing can be used for anything
from single components to a complete product. Printers, computers,
and cellular phones, personal-care products, printed circuit board,
metal, and plastics fabrication, are all examples of products that
are made using this method.
A variance, which may be granted by the Zoning Hearing Board, is a modification of the strict terms of these regulations where such modification will not be contrary to the public interest and, where owing to physical conditions peculiar to the property, and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. The application procedures, requirements, and standards that must be met to obtain consideration of a variance request are contained in § 425-16, Variances. (See also "hardship.")
A wall is defined as follows:
As an integral part of a principal or accessory building, means
an upright structure of masonry, wood, plaster, or other building
material serving to enclose, divide, or protect an area, especially
a vertical construction forming an inner partition or exterior siding
of a building.
As an exterior, freestanding or semi-freestanding barrier (if
attached to another structure) not an integral part of a principal
or accessory building, means an upright barrier constructed principally
of materials, including but not limited to brick, concrete or cinder
block, intended to prevent intrusion, mark a boundary or enclose a
parcel of land or structure, where 100% of the vertical surface is
solid/closed, except for approved gates or other access ways, shall
be considered a "wall."
The term "wall" does not include engineering retaining walls
that hold back more than one foot of dirt on one side. Such walls
must still meet all the applicable placement and height requirements
in all districts. (See also "fence" and "screening.")
Any sign that is permanently etched or painted or directly
attached to a wall with a projection of less than six inches displaying
a commercial message.
An establishment whose purpose is the sale of commodities
in quantity usually for resale.
Establishments that provide business services to those businesses
primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, farm, construction contractors, or professional
business users; or to other wholesalers; or acting as agents or brokers
in buying merchandise for, or selling merchandise to, such persons
or companies.
An opening in an exterior wall, other than a door, which
provides all or part of the required natural light, natural ventilation,
or both, to an interior space.
Any machine or process for working with wood.
Open space that surrounds any buildings or structures on
a lot and which exists over the entire portion of the lot not covered
by any building or structure; ending at the boundary lines of the
entire lot. Yards and building lines may be subject to building setback
requirements as required in this chapter.
The area between the front boundary line and the line formed
by the front foundation of the principal building and running the
entire width of the lot.
The area between the rear boundary line and the line formed
by the rear foundation of the principal building and running the entire
width of the lot.
The side yards on lots are determined as follows: follow
down the full length of the sides of the principal structure, from
its front foundation the front yard line to its back foundation the
rear yard line, then extend outwards from each side of the said principal
building to the property's side boundary/lot lines. Those two areas,
one on either side of the principal building, form the two side yards.
The delineation of districts within a municipality or county,
and the establishment of regulations for each of these districts.
These regulations may govern the use of land, lot sizes, the placement,
spacing, size, and character of buildings, and more.
A specifically designated area or district in a municipality
within which uniform regulations and requirements govern the use,
placement, spacing, and size of land and buildings.
See § 425-37, Establishment of Zoning Map.
The administrative officer designated to administer the Zoning Ordinance and issue or deny zoning permits. See § 425-14, Zoning Officer.
The permit that is issued by the Zoning Officer, upon determination
by the Zoning Officer that all information contained in the zoning
permit application is in compliance with the regulations contained
within this chapter.
The application that must be submitted to the Zoning Officer
in a complete state in order to apply for a zoning permit as required
in this chapter.
