[Ord. 687, 10/6/1986, § 301]
It is not intended that these definitions include only words
used or referred to in this Chapter. The words are included in order
to facilitate the interpretation of the Chapter for administrative
purposes and in the carrying out of duties by appropriate officers
and by the Zoning Hearing Board. Unless otherwise expressly stated,
the following shall, for the purpose of this Chapter, have the meanings
herein indicated:
A.
Words used in the present tense include the future tense.
B.
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
C.
The words "used" or "occupied" as applied to any land or building
include the words "intended, arranged or designed to be used or occupied."
D.
The word "building" includes "structure."
E.
The word "lot" includes "plot" or "parcel."
F.
The word "shall" is always mandatory.
[Ord. 6878, 10/6/1986, § 302; as amended by Ord.
709, 9/12/1988, § 3; by Ord. 757, 3/1/1993, § 2;
by Ord. 804, 1/12/1998; by Ord. 847, 7/8/2002; by Ord. 854, 1/13/2003,
§ 1; by Ord. 885, 5/23/2005, § 1; by Ord. 902,
12/11/2006, § 1; and by Ord. 909, 12/20/2007]
For the purposes of this Chapter, the following words, terms
and phrases have the meanings herein indicated:
An accessory residential unit contained within an existing
single-family home, garage, or carriage house. An accessory apartment
is a complete housekeeping unit which functions independently, having
separate access, kitchen, bedroom, and sanitary facilities.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A facility, not in a private residence, enrolling four or
more adults no less than 18 years of age, where tuition, fees, or
other forms of compensation for the instruction and care of the adults
are charged. Such facility shall employ licensed personnel and shall
be licensed by the Commonwealth of Pennsylvania.[1]
[Added by Ord. 931, 10/11/2010]
The tilling of the soil, the raising of crops, livestock
and horticulture.
The Bloomsburg Municipal Airport:
AIRPORT ELEVATIONThe highest point of an airport's usable landing areas measured in feet from mean sea level.
APPROACH SURFACEA surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 27-703(B)(4) of this Chapter. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL and CONICAL OVERLAY ZONESAn overlay of these zones on the existing zoning districts as shown on the Town of Bloomsburg Zoning Map.
CONICAL SURFACEA surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATIONAn obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHTFor the purpose of determining the height limits for airport zones set forth in this Chapter, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
HORIZONTAL SURFACEA horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
NONPRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or any type navigation equipment for which a straight-in nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTIONAny structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 27-703(B)(4) of this Chapter.
PRIMARY SURFACEA surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in § 27-703(B)(3) of this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAYA defined area on an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACESThese surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for every foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
TREEAny object of natural growth.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
A public or private thoroughfare which affords only secondary
means of access to abutting property and not intended for general
traffic circulation.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
A change in regulations or district boundaries or classifications
of property established by this Chapter and according to procedures
provided by law and exercised by the Town Council.
A building used for the treatment, housing or boarding incidental
to hospital use of small domestic animals such as dogs, cats, rabbits
and birds or fowl by a veterinarian.
Any lot or premises on which 10 or more dogs or cats, or
both, at least four months of age are kept, boarded or trained, whether
in special buildings or runways or not.
A dwelling constructed by converting an existing residential
or commercial building into apartments for more than one family without
substantially altering the exterior of the building.
A building designed to contain three or more dwelling units
and also referred to as multi-unit dwelling.
The total areas taken on a horizontal plane at the main grade
level of the ground surrounding the principal building and all accessory
buildings, exclusive of uncovered porches, terraces and steps.
An open area utilized for the playing of intercollegiate
or intramural sporting events with limited seating, lighting and concession
requirements. Athletic fields are a less intense use than a stadium.
A self-propelled, free-moving vehicle, primarily for conveyance
on a street or roadway.
A building, or portion thereof, on a lot that is used for
the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles for conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing of automobiles, trucks
and similar motor vehicles.
A building on a lot, or part thereof, that is used primarily
for the retail sale of gasoline, oil, other fuel and which may include
facilities used for cleaning or servicing automobiles and other vehicles.
However, any such facilities used for cleaning automobiles and other
vehicles must be incidental to the primary use. This definition does
not include "automobile washing (car wash)" as defined in this Section.
A building or a lot designed and used primarily for the display
or sale of new and used cars and mobile homes where mechanical repairs
and body work may be conducted as an accessory use incidental to the
primary use.
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services as set forth herein for "automobile service stations."
The dismantling or wrecking of used automobiles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A story partly or totally underground. A basement shall not
be considered in determining the required number of stories.
An area which may be part of the required yard, intended
to lessen the impact of the use of the lot or building upon adjacent
lot or building when such use is considered by these regulations to
adversely affect the adjoining use.
Any structure on a lot having a roof supported and enclosed
by columns and walls and intended for the shelter, housing enclosure
or storage of persons, animals or chattels.
A building surrounded by open space on the same lot and unconnected
to any other building.
A line parallel to the front, side or rear lot line so as
to provide the required yard.
A building in which is conducted the principal use of the
lot in which it is located.
Any one or more of the following, other than a hospital,
place of detention, or school offering instructions, mobile home park
or migrant worker camp:
Any area of land or water of a design or character used for
seasonal, recreational or similar temporary living purposes which
may include any building or group of buildings of a movable, temporary
or seasonal nature such as cabins, tents or shelters and including
areas providing transient accommodations for recreation vehicles.
Any land and buildings thereon, used for any assembly of persons
for what is commonly known as "day camp" purposes, whether or not
conducted for profit and whether occupied by adults or children, either
as individuals, families, or groups.
A parcel of land used by campers for seasonal, recreational
or other similar temporary living purposes, in buildings of a movable,
temporary or seasonal nature, such as cabins, tents or shelters, but
not including a mobile home camp, court or park.
An accessory building open on one or more sides which is
primarily designed or used for parking automobiles.
Private groups organized for the purpose of carrying out
their agreed-upon social responsibilities with regard to their own
group and service to the larger community and who conduct their functions,
but do not reside, in structures or portions of structures known as
clubs or lodges.
See "dwelling, cluster."
Something owned, operated and supported by private individuals
or a corporation, on a profit basis, for the use or benefit of the
general public or for some part of the general public.
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 directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band radio antennas.
A structure, other than a building, such as a monopole, self-supporting
or guyed tower, designed to support commercial communications antennas.
The Planning Commission of the Town of Bloomsburg, Columbia
County, Pennsylvania.
A living arrangement whereby unrelated individuals with diagnosed
mental health or mental retardation problems reside on a permanent
basis with twenty-four-hour supervision and whose primary purpose
is the development and maintenance of community living skills.
A Comprehensive Plan (overall program) consisting of maps,
charts and textual matter and indicating the recommendations of the
Planning Commission for the continuing development of the Town. The
Comprehensive Plan includes, but is not limited to, the following
related basic elements:
Any uses as enumerated in certain zones or districts where
the conditions described for permitting each type of use have also
been enumerated in this Chapter and where permission for such use
can only be given by Town Council after review and recommendation
by the Town Planning Commission after a public hearing with proper
legal notice.
Communities which offer multiple levels of care (independent
living, assisted living, skilled nursing care) housed in different
areas of the same community or campus and which give residents the
opportunity to remain in the same community if their needs change.
They provide residential services (meals, housekeeping, laundry),
social and recreational services, health care services, personal care,
and nursing care. This type of community may require payment of a
monthly fee and possibly a large lump-sum entrance fee.
The entire spectrum of specialized health, rehabilitative,
and residential services available to the frail and chronically ill.
The services focus on the social, residential, rehabilitative, and
supportive needs of individuals as well as needs that are essentially
medical in nature.
A retail establishment that sells groceries and related products
for the home and person and which sells gasoline or other automotive
products, but which is not a "commercial automobile garage" or an
"automobile or gasoline service station" or a "grocery store," as
defined in this Section.
Columbia County, Pennsylvania.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court which does not extend to a street, alley, yard or
other outer court.
A commercial establishment for the manufacture or processing
of dairy products.
A facility, not in a private residence, enrolling four or
more children no more than six years of age and where tuition, fees
or other forms of compensation for the instruction and care of the
children is charged. Such facility shall employ licensed personnel
and shall be licensed by the Commonwealth of Pennsylvania.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
The number of dwelling units in relation to an area of land
actually in use or proposed to be used for residential purposes, excluding
public rights-of-way whether exterior or interior, but including interior
parking areas and access lanes, sidewalks, parks, playgrounds, common
open spaces, etc.
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, streets, sidewalks, parks, playgrounds, common
open spaces, etc.
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or land development. [See also Subdivision and Land Development, Chapter 22.]
A portion of the area of the Town of Bloomsburg, as shown
on the Zoning Map, containing a uniform class of uses of structures
or land and to which regulations described in this Chapter text apply.
Access to permitted uses in a district by means of motorized
vehicles or other modes of transportation other than pedestrian.
[Added by Ord. 931, 10/11/2010]
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purposes of garbage, sewage sludge, trash, refuse, junk,
discarded machinery, vehicles, or parts thereof, or waste material
of any kind.
A group of single, double or multiple-unit dwellings, in
any combination, located on smaller lot areas in order to increase
the amount of open space.
See "mobile home."
One or more rooms, including "apartments", used for living
and sleeping purposes, having a kitchen or kitchenette with fixed
cooking facilities and a bathroom with a toilet and bathtub or shower.
A building used or designed as a residence for two or more
independent dwelling units. The building arranged as a horizontal
and/or vertical string or strings of two or more dwelling units which,
together, comprise the building, and which share horizontal or vertical
common portions (walls, floors or ceilings) with one another. This
definition includes double houses, row houses, condominiums, apartment
houses and conversion apartments. Where a building constituting a
multiple dwelling unit as defined herein is located on more than one
lot, then the yard setback requirements contained in this Chapter
need not be complied with between dwelling units within the said building.
However, all other applicable dimensional regulations must, in every
case, be complied with.
A building having only one dwelling unit including, but not
limited to, individual mobile home dwellings meeting the minimum habitable
floor area requirements of this Chapter.
A building having two dwelling units.
A single dwelling unit on the same lot with and either attached
to or detached from the primary dwelling on the lot, or a conversion
apartment within the primary dwelling, which serves as a separate
residence for one or two aged, infirm or disabled parents, grandparents
or other family members of the occupant(s) of the primary dwelling.
(See also Part 8, "Supplementary Regulations.")
Public utility transmission/distribution facilities, including
substations.
One or more persons occupying a dwelling unit and living
as a single nonprofit housekeeping unit, but not including group quarters
such as dormitories, sororities, fraternities, convents, and communes.
Occupancy by any of the following shall be deemed to constitute
a family:
Members of a single family, all of whom are related within the
second degree of kinship (by blood, adoption, marriage, or civil union).
A "functional family unit," as defined in Subsection B below.
Persons with disabilities, as so defined in Title VII of the
Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988.
A State-registered orlicensed day-care facility serving six or fewer children.
For purposes of this definition of family, a group of adults
living together in a single dwelling unit and functioning as a family
with respect to those characteristics that are consistent with the
purposes of zoning restrictions in residential neighborhoods shall
be regarded as a "functional family unit" and shall also qualify as
a family hereunder. In determining whether or not a group of unrelated
adults is a "functional family unit" under the standard set forth
above, the following criteria must be present:
The occupants must share the entire dwelling unit. A unit in
which the various occupants act as separate roomers cannot be deemed
to be occupied by a functional family unit.
The household must have stability with respect to the purpose
of this Chapter. Evidence of such stability may include but not be
limited to the following:
Minor dependent children regularly residing in the household,
and school-age children are enrolled in local schools.
Proof of the sharing of expenses for food, rent, or ownership
costs, utilities and other household expenses and sharing in the preparation,
storage, and consumption of food.
Common ownership of furniture and appliances among the members
of the household.
Employment of householders in the local area.
A showing that the household has been living together as a unit
for a year or more, whether in the current dwelling unit or other
dwelling units.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
Any parcel (or parcels under single ownership) of land which
is used for gain in the raising of agricultural products, livestock,
poultry or dairy products, including necessary farm structures within
the prescribed limits and the storage of equipment customarily incidental
to the primary use. For the purposes of this chapter, a farm shall
not include the raising of fur-bearing animals, riding academies or
boarding stables or kennels.
The sum of the gross horizontal areas of several floors of
a principal building on the same lot, excluding basement floor areas
not devoted to the principal use. All dimensions shall be measured
between exterior faces of walls.
The sum of the net horizontal areas of all rooms used for
habitation, but excluding therefrom hallways, closets, stairways,
bathrooms and lavatories.
A group of men or women students at Bloomsburg University
who are organized for social purposes and who conduct their business
or reside in structures known as fraternity or sorority houses.
An area specifically utilized for entertainment derived from
coin-operated machines such as video games, pinball machines and billiards.
An accessory building for the storage of vehicles and/or
other items, accessory and incidental to the primary use of the premises.
The completed surfaces of the lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A building used for athletic instruction, games and major
events, including tiers of seats for spectators.
A facility, representing transitional housing, to provide
residence to a person who would otherwise be incarcerated in a prison.
For the purpose of this chapter, a convicted person shall include
a person who has been released from a prison on parole or a person
granted probation by a court of jurisdiction.
[Added by Ord. No. 995, 5/22/2019]
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw or recycled
or manufactured materials, or a use engaged in storage of or manufacturing
processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized
offensive conditions.
[Added by Ord. 931, 10/11/2010]
The vertical distance measured from the main level of the
ground surrounding the building to the highest point of the roof.
Any landing area used for the landing and taking off of helicopters,
including all necessary passenger and cargo facilities, fueling and
emergency services facilities.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock as an accessory use in a residential
yard.
An occupation or profession intended to be, and which actually is a personal service rather than a retail activity, which is customarily a member of the family residing in the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purpose. The residential character of the dwelling unit must be unchanged by the home occupation. If any retail activity is carried on in the premises, it must be clearly incidental and secondary to the personal service activity. The only on-premises advertisement of the home occupation permitted shall be by use of a sign as permitted under § 27-805B(8) of this chapter.
A HUD-approved database application used to confidentially
aggregate data on homeless populations served in the United States,
which is typically a software application that homeless assistance
providers use to coordinate care, manage their operations, and better
serve their clients.
[Added by Ord. No. 993, 5/22/2019]
An individual who, or family which, lacks a fixed, regular
and/or adequate nighttime residence.
[Added by Ord. No. 993, 5/22/2019]
A building, or portion thereof, providing, without charge
or any form of compensation, emergency housing with sleeping accommodations,
and may include kitchen facilities, dining facilities, laundry facilities,
bathing facilities and restroom facilities, for homeless persons and/or
homeless families that is intended for occupancy of 90 days or less
in a given year as transitional housing by a homeless person and/or
homeless family.
[Added by Ord. No. 993, 5/22/2019]
A building that is owned and/or operated by a hospital whose
primary purpose is to prove living accommodations for individuals
associated with the hospital.
A place for diagnosis, treatment or other care of humans
on an around the clock basis, having facilities used primarily for
inpatient medical and surgical care and for the treatment of sick
and disabled persons.
A building used for overnight accommodations by transient
guests for compensation, and which may provide such services as maid,
telephone and postal services. (See also "motel.")
Ground area covered by any material which does not allow
the absorption of rain water into the soil.
A tract of land laid out in accordance with an overall plan
for a group of industries with separate building sites designed and
arranged on streets with utility services, landscaped buffer area,
and which may involve covenants controlling the architecture and uses.
Any building or part thereof which is designed, constructed
or used for education in any branch of knowledge.
Any lot, land or structure, or part thereof, used for the
collection, storage and/or sale of wastepaper, rags, scrap metal or
discarded material or for the collecting, dismantling, storage and
salvaging of machinery or vehicles not in running condition, and/or
for the sale of parts thereof.
Shall consist of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure;
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features; or
The improvement of land for the installation of parking lots,
airport runways, accessory buildings, and any other structure having
an impervious surface coverage area in excess of 2,000 square feet.
The subdivision of land.
The following are exempt when such land development involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building not in excess of 2,000
square feet, including farm buildings, on a lot or lots subordinate
to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee having a
remaining term of not less than 40 years or other person having a
proprietary interest in land, shall be deemed to be a landowner for
the purposes of this Chapter.
A use engaged in the basic processing and manufacturing of
materials or products predominately from previously prepared materials,
of finished products or parts, including processing, fabrication,
treatment, packaging, incidental storage, sales, and distribution
of such products, but excluding basic industrial processing.
[Added by Ord. 931, 10/11/2010]
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
Chapter, having not less than the minimum area and width required
by this Chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
law to be adequate as a condition of the issuance of a zoning permit
for a building on such land.
The total area within the lot lines.
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135° and the radius of the street
line is less than 100 feet.
The percentage of the lot area covered by the area of all
buildings and structures thereon; as viewed from the site plan and/or
roof line and shall include all appurtenances, such as decks, balconies,
stairs, stoops, etc.
A lot other than a corner lot.
The lines bounding a lot as defined under the definition
of lot.
Any lot which individually, or as part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Columbia
County, Pennsylvania.
The manipulation techniques of soft tissues in the body commonly
applied with hands, fingers, elbows, knees, forearms, feet, or a device
generally for the treatment of body stress or pain.
[Added by Ord. No. 1011, 7/13/2020]
A type of treatment in which manipulates the soft tissues
of your body; muscle, connective tissue, tendons, ligaments and skin,
using varying degrees of pressure and movement.
[Added by Ord. No. 1011, 7/13/2020]
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices or physicians,
dentists and other health care practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
An office of licensed physicians, dentists and other health
practitioners.
A building that contains more than one type of use.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
One or more buildings for the accommodation of transient
guests, chiefly motorists, containing guest rooms for rent, each of
which has a separate outside entrance.
The Town of Bloomsburg, Columbia County, Pennsylvania.
Material sources of wealth that occur in a natural state,
including forests, minerals, including petroleum, gas, sand, gravel,
clay, topsoil, shale, limestone, etc., and water.
A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, representing transitional housing, which includes
the overnight stay of patients, which may include psychological, social,
and behavioral counseling and supportive services designed to assist
a person being treated for a substance abuse disorder to allow their
gradual reentry into the community. No substance abuse detoxification
treatment shall be provided at this facility.
[Added by Ord. No. 994, 5/22/2019]
A structure or a part of a structure manifestly not designed
to comply with the applicable use provisions in this chapter or amendment
hereto or hereafter enacted, where such structure lawfully existed
prior to the enactment of such ordinance or amendment. Nonconforming
signs are not nonconforming structures. For the purposes of the airport
zoning provisions of this chapter a nonconforming structure shall
include an object of natural growth, such as a tree.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
hereto or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment.
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and necessary to the
primary use and sale of the above.
A long-term health care facility, licensed by the Pennsylvania
Department of Health, that offers twenty-four-hour room and board
and health care services, including basic and skilled nursing care.
[Added by Ord. No. 994, 5/22/2019]
A building designed and licensed for the full-time care of
human beings and which includes housing or lodging, meals and nursing.
The residence in a building or other shelter.
The unoccupied space open to the sky and unoccupied by any
building or structure.
A land surface or facility providing vehicular parking spaces
off of a street together with drives and maneuvering lanes so as to
provide access for entrance and exit for the parking of motor vehicles.
[Added by Ord. No. 990,
12/10/2018]
An off-street, surfaced, ground level open area, for the
temporary storage of motor vehicles.
[Added by Ord. No. 990,
12/10/2018]
A tract or parcel of land which is used for the storage of
motor vehicles, which is not accessory to any other use on the same
or any other lot, and which contains parking space rented to the general
public or reserved for individuals by the hour, day, week or month.
[Added by Ord. No. 990,
12/10/2018]
Any lot and/or garage, municipally or privately owned for
off-street parking facilities, providing for the transient storage
of automobiles or motor-driven vehicles. Such parking services may
be as a free service or for a fee.
A parking area for the exclusive use of the owners, tenants,
lessees, or occupants of the lot on which the parking area is located
or their customers, employees, or whomever else they permit to use
the parking area without charging a fee. The definition of this term
shall also include accessory off-street parking areas.
[Added by Ord. No. 990,
12/10/2018]
A paved parking area available to the public, with or without
payment of a fee, used for the parking of automobiles.
[Added by Ord. No. 990,
12/10/2018]
The space within a building or on a lot or parking lot designed
for the parking of one vehicle.
A space in a garage or parking area not less than 13 feet
wide and 19 feet long clear dimension, reserved exclusively for an
automobile registered with the state with handicapped license plates
or displaying an official state-issued handicapped placard.
[Added by Ord. No. 990,
12/10/2018]
A structure or portion thereof composed of one or more levels
or floors used exclusively for the parking or storage of motor vehicles.
A parking structure may be totally below grade (as in an underground
parking garage) or either partially or totally above grade, with those
levels being either opened or enclosed.
[Added by Ord. No. 990,
12/10/2018]
Parking spaces and adjacent access drives, aisles, and ramps
that are located in a structure with two or more levels, where the
parking structure is the principal use of the premises. This term
includes commercial parking operations as well as private parking
structures.
[Added by Ord. No. 990,
12/10/2018]
A judicial decision which allows a person convicted of crimes
to serve the remainder of his/her sentence outside the confines of
the prison subject to preset conditions by the court.
[Added by Ord. No. 995, 5/22/2019]
A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, to provide persons with a substance abuse disorder
who do not require twenty-four-hour inpatient care with a short-term
intensive outpatient program for stabilization. No overnight stay
of patients shall be permitted at such a facility.
[Added by Ord. No. 994, 5/22/2019]
An establishment providing services to individuals for the
care of a person or his or her personal goods or apparel. "Personal
service" shall not include establishments or facilities providing
any medical services, to include substance abuse treatment, halfway
houses or shelters for parole, probation or related use. For the purpose
of this chapter, the following uses shall be classified as a personal
service establishment and may include accessory retail sales of products
related to the services provided:
[Added by Ord. No. 1011, 7/13/2020]
Beauty and barber shops.
Clothing rentals.
Laundromats.
Day spa. An establishment providing a variety of services for
the purpose of improving health, beauty and relaxation through personal
care treatments such as hair, massages and facials.
Dry-cleaning stores for pickup only.
Fortune tellers/psychic readers.
Health club. An establishment providing services intended to
promote physical fitness or weight reducing which may include such
equipment as weight resistance machines, whirlpools, saunas, showers,
and lockers.
Manicure and pedicure services.
Sauna bath house. An establishment providing steam baths or
heated bathing rooms used for the purpose of bathing, relaxation,
or weight reduction utilizing steam or hot air as a cleaning, relaxing,
or reducing agent.
Seamstress/tailor for garment alteration and repairs.
Shoe repair.
Tanning salons.
Tattoo and body piercing services.
Any lot, parcel or tract of land and any building constructed
thereon.
Something owned, operated and supported by private individuals
or a corporation, rather than by government.
A right-of-way, other than a public street, which provides
vehicular access to two or more lots.
A judicial decision which allows a person convicted of crimes
to remain outside the confines of a prison without a predetermined
sentence or with a temporarily suspended sentence for an established
period of time subject to preset conditions by the court.
[Added by Ord. No. 995, 5/22/2019]
A business which provides the services of massage and massage
therapy, including exercises, and all forms and methods of physiotherapy,
administered by a state licensed medical practitioner including a
physician, occupational or physical therapist, chiropractor, osteopath
or a professional massage therapist licensed by the Commonwealth State
Board of Massage Therapy.
[Added by Ord. No. 1011, 7/13/2020]
Owned, operated or controlled by a government agency (federal,
state, or local), including a corporation created by law for the performance
of certain specialized governmental functions.
Except for notices of hearings of the Zoning Hearing Board,
which shall be established by rules of the Board, public notice shall
mean notice published once each week for two successive weeks in a
newspaper of general circulation in the Town. Such notice shall state
the time and place of the hearing and the particular nature of the
matter to be considered at the hearing. The first publication shall
be not more than 30 days or less than 14 days from the date of the
hearing.
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or temporary living purposes; regardless
of any other intended use and whether or not its wheels, rollers or
skids are in place. A recreation vehicle shall include camping trailer,
travel trailer, truck camper, motor home, boat, boat trailer and may
have temporary living and sleeping quarters.
One person or two or more persons related to another individual
in any of the following ways through blood, adoption or marriage,
great-grandparent, great-grandchild, grandparent, grandchild, parent-child,
brother-sister, aunt or uncle, niece or nephew, great uncle or great
aunt, great nephew or great niece.
A building containing at least one dwelling unit.
An establishment where horses are kept for riding or driving,
or are stabled for compensation or incidental to the operation of
any club, association, ranch or similar establishment.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
Any place designed and operated to provide regular instruction
and daytime care for two or more children.
Something owned, operated and supported by private individuals
or a corporation, on a nonprofit basis, for the use or benefit of
the general public or for some part of the general public.
Sexually oriented retail establishments, sexually oriented
entertainment, sexually oriented motion picture theater, sexually
oriented arcade.
[Added by Ord. No. 1011, 7/13/2020]
SEXUALLY ORIENTED RETAIL ESTABLISHMENTAn establishment that has 10% or more of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following sexually oriented: toys, novelties, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videos, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENTA nightclub, bar, tavern, restaurant, club or similar establishment that features performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videos, slides, or other photographic reproductions in which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
SEXUALLY ORIENTED MOTION PICTURE THEATERAn establishment where, for any form of consideration, films, motion pictures, videos, slides, or similar photographic reproductions are shown, and in which 10% or more of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
SEXUALLY ORIENTED ARCADEAn establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by are used to show films, motion pictures, videos, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
A group of stores planned and designed to function as a unit
for the lot on which it is located with off-street parking provided
as an integral part of the unit.
Any device, display or structure other than buildings or
landscaping, readily visible from public property and used primarily
for visual communication for the purpose of, or having the result
of, bringing the subject thereof to the attention of a person, group
of persons, or the public generally. A sign includes, but is not limited
to, any and all reading matter, letters, numerals, pictorial representations,
emblems, trademarks, flags, banners, streamers, pennants, inscriptions,
and patterns, whether affixed to a building, painted or otherwise
depicted on a building, or separate from any building, and shall include
window signs. All signs are considered "structures" for purpose of
this chapter.
[Amended by Ord. 981, 2/27/2017]
ACCESSORY SIGNAny business identification sign used in addition to a principal business identification sign.
AWNING SIGNA mounted sign attached to, painted, or printed onto a nonstructural, roof-like cover of the fixed, hinged, roll, or folding type which is attached to a building.
BANNER SIGNA mounted sign intended to be hung with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational, or corporate organizations.
BENCH SIGNA mounted sign affixed to the seat or back of a bench.
BILLBOARDA freestanding sign displaying off-site advertising.
BLADE or FLAGA sign constructed to be freestanding or mounted and composed of a pole and lightweight material intended to move in the wind.
BRACKET OR SHINGLE SIGNA mounted sign attached or mounted perpendicularly to a wall of a building.
CABINET SIGNA mounted sign that contains all text and/or images within a single enclosed cabinet that is attached to a wall.
CANOPY SIGNA mounted sign attached to, painted, or printed onto a structural protective cover over a door or window.
CORNICE SIGNA mounted sign attached to the crown of a wall of a building.
DOOR OR WINDOW SIGNA mounted sign painted, attached, or otherwise permanently affixed to a door or window.
ELECTRONIC MESSAGINGMessage text or images that can be changed by the electronic switching of lamps, LED, tubes, or other electronic or electrical method.
FREESTANDING SIGNA self-supporting sign resting on the ground or supported by means of poles or standards in the ground.
GROUND OR MONUMENT SIGNA freestanding sign no taller than 10 feet with no visible support structure, except in cases of integrated group development greater than five acres, such as shopping centers and industrial parks, in the Business Campus District, where a common business identification and promotion sign for multiple businesses may be no taller than 25 feet.
HIGH-RISE SIGNA freestanding sign usually of pole construction that exceeds the height of the building or structure for which it is intended.
HUMAN SIGNA freestanding sign, not in a public right-of-way, held by or attached to a human, including those dressed in costume, for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, or product.
INCIDENTAL SIGNLettering, decals, placards, or similar means of notification giving the address, hours of business, "open" and "closed" status, entrance or exit information, professional or security affiliations or memberships, accepted credit cards, or other similar information.
INFLATABLE OR BALLOON SIGNA freestanding sign constructed of cloth, plastic, or vinyl filled with air or other suitable gas and affixed to an appropriate anchor.
MARQUEE OR V-TYPE SIGNA mounted sign affixed to a wall of a building and containing two opposing faces which are not parallel to one another.
MOUNTED SIGNA sign attached, painted, or otherwise mounted extending parallel to a wall or other vertical building surface.
MURALAn image without text painted on the exterior of a building and generally noncommercial in nature.
POST AND PANEL SIGNA freestanding sign that uses one or more posts to support one or more sign panels.
PORTABLE SIGNA freestanding sign which is capable of being carried, wheeled, or otherwise moved immediately upon request.
ROOF SIGNA mounted sign erected or maintained in whole or in part upon or over the roof of a building.
SCULPTURE SIGNA freestanding sign designed to convey a message through structural elements not limited to posts, panels, or cabinets, and for which the third dimension exceeds two feet.
SIGN HEIGHTThe vertical distance from the grade at the base of the sign's support system to the uppermost portion of the sign.
TEMPORARY SIGNA sign placed inside or outside a building for a limited period of time.
VIDEO DISPLAY or VIDEO PANELA mounted sign that features imagery and may include electronic messaging.
WALL SIGNA mounted sign affixed directly to the wall of a building.
WINDOW SIGNAny sign affixed to, in contact with, or within 12 inches of a window.
A dwelling used and occupied by a chartered group of university
or college students and containing and providing domestic and social
facilities and services thereto.
Any uses considered to have special requirements in certain
zones or districts where the conditions described for permitting each
such use have been enumerated in this chapter and where permission
for such use can only be given by the Zoning Hearing Board.
As used herein, specified anatomical areas means and includes
any of the following: less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or breasts.
[Added by Ord. No. 1011, 7/13/2020]
As used herein, specified sexual activities means and includes
any of the following: the fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts; sex acts,
actual or simulated, including intercourse, oral copulation, or sodomy;
masturbation, actual or simulated; or excretory functions as part
of or in connection with any of the activities set forth as a "sexually
oriented use."
[Added by Ord. No. 1011, 7/13/2020]
A large open or enclosed place used for major events and
partly or completely surrounded by tiers of seats for spectators with
special lighting and secondary concession uses.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, if there be
no floor above it, then the space between any floor and the ceiling
immediately above it.
A thoroughfare which affords vehicle access to abutting properties
and including the full right-of-way, not just the cartway.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts, at the midway of the frontage of the lot
thereon. If there be no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
The dividing line between the street right-of-way and the
lot.
Anything constructed or erected, the use of which requires
a permanent location on the land or that is attached to something
having a permanent location on the land. However, for the purposes
of the airport zoning provisions of this chapter structures shall
be interpreted to include mobile as well as immobile objects, including
buildings, towers, cranes, smokestacks, earth formations and overhead
transmission lines.
A structure located on a lot which houses the primary use
of the property. All other structures, such as garages, sheds, accessory
apartments, and the like, shall be accessory to the principal structure.
A person who is registered to be enrolled or who is enrolled
and matriculating at Bloomsburg University as an undergraduate student
or who is on a semester or summer break from studies at a college
or university.
A building which contains a dwelling unit occupied by two
or more students who are not related to each other by adoption or
marriage or are not the great-grandparent, great-grandchild, grandparent,
grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew,
great uncle, great aunt, great nephew, or great niece of each other.
See "developer."
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 change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that 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 residential dwellings, shall be exempted. (See also Subdivision and Land Development, Chapter 22.)
A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, which includes the overnight stay of patients,
for the provision of medically supervised detoxification and treatment
of persons who have been medically diagnosed as having a dependency
on a controlled substance, including, but not limited to, drugs and
alcohol.
[Added by Ord. No. 994, 5/22/2019]
Shall refer to a process approved and regulated by the Pennsylvania
Department of Drug and Alcohol Programs provided at a substance abuse
treatment facility with the intended purpose of the cessation of a
person's use of addictive substances, such as drugs or alcohol.
[Added by Ord. No. 994, 5/22/2019]
A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, which specializes in the evaluation and treatment
of drug addiction and alcoholism. The services available at such a
facility can be residential treatment, partial hospitalization treatment
or outpatient treatment. For the purpose of this chapter, a substance
abuse treatment facility shall include the following terms as so defined
within this section:
[Added by Ord. No. 994, 5/22/2019]
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures or theatrical
productions on a commercial basis to patrons seated in automobiles
or on outdoor seats.
A dwelling unit in which overnight accommodations are used
by transient guests for compensation.
See "camp."
A multi-use facility, owned and/or operated by the university,
intended to serve the students, faculty and employees of the university.
At least 70% of the display areas of the facility shall be allocated
to the display of books, office supplies, stationery and other items
customarily sold in a conventional bookstore. The remaining 30% of
the square footage of the display area may be allocated to the display
of such other general merchandise items.
University housing designed as residence halls containing
individual bedrooms, generally housing two students and having common
area bathrooms and lounges.
A facility owned and/or operated by the university intended
to serve the food service needs of the students, faculty and employees
of the university only. University food service facilities shall not
include exterior advertisement (signs and/or symbol) of the individual
vendors, freestanding, fast-food restaurants and restaurant franchises
or drive-through facilities.
University housing designed as a multi-residential unit,
housing four persons in two or four bedroom units, which include bathroom,
living room and kitchen areas.
A facility owned and/or operated by the university intended
to serve the health and counseling needs of the students, faculty
and employees of the university.
A facility located on the university campus designed to enhance
the academic program of the university with low intensity, applied
research activity.
The specific purpose, for which land or a structure or 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.
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised as required by
the provisions of this chapter for an adjustment to the application
to a specific piece of property of some regulation which, if strictly
adhered to, would result in an unnecessary hardship and where the
permission granted would not be contrary to the public interest, and
would maintain the spirit and original intent of this chapter.
A space open to the sky and unoccupied by any building, structure
or parking area, and located on the same lot with a building or structure.
A yard on the same lot with a main building, extending the
full width of the lot and situated between the street line and the
required building setback line projected to the side lines of the
lot. The depth of the front yard shall be measured between the building
line and the front lot line.
A yard on the same lot with a main building, extending the
full width of the lot and situated between the rear line of the lot
and the required setback line projected to the sidelines of the lot.
The depth of the rear yard shall be measured between the building
line and the rear lot line.
A yard on the same lot with the building situated between
the building and the sideline of the lot and extending from the front
yard to the rear yard.
The designation of specified districts or zones within the
Town, reserving them for certain classes of uses together with limitations
on lot area and size, heights of structures and other stipulated requirements.
The written authorization issued by the Zoning Officer for
the use of land or buildings or other structures.
The Zoning Hearing Board of the Town of Bloomsburg, Columbia
County, Pennsylvania.
The officially adopted Zoning Map of the Town of Bloomsburg,
Columbia County, Pennsylvania, containing zoning districts, together
with all amendments subsequently adopted.
The Zoning Officer or his authorized representative appointed
by the Town Council to enforce this chapter.
The Town of Bloomsburg Zoning Ordinance, as amended.
[1]
Editor's Note: The former definition of "adult entertainment
establishments," which immediately followed, was repealed by Ord. No. 1011, 7/13/2020.
