Definitions. When used in this chapter, the following words, terms
and phrases shall have the following meanings, unless expressly stated
otherwise or unless the context clearly indicates otherwise:
[Amended by Ord. 1183, 1/3/2012; by Ord. 1198, 2/6/2013;
and by Ord. 1215, 4/6/2015]
ABUT
Next to or adjacent to, and includes the words "directly
across from streets, natural features and rights-of-way."
ACCESS DRIVE
A privately owned, constructed and maintained vehicular access
from a public or private street to four or more off-street parking
spaces or to at least one loading space.
ACCESSORY BUILDING
A building (such as a private garage, private tool house
or children's playhouse or a noncommercial greenhouse) which is subordinate
and accessory to a principal building on the same lot and which is
used for purposes customarily incidental to those of the principal
building.
ACCESSORY STRUCTURE
A structure serving a purpose customarily incidental to the
use of the principal building and located on the same lot as the principal
building.
ACCESSORY USE
A use subordinate to the principal use on the same lot and
customarily incidental thereto.
ADJACENT
A state of being side by side, next to, adjoining or abutting
one to another.
ALLEY
A public or private way affording only secondary means of
access to abutting property.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
ANIMAL HUSBANDRY
The raising and keeping of livestock, fish, fur-bearing animals,
honey bees, or poultry for any commercial purpose. The keeping of
livestock, fish, fur-bearing animals, honey bees, or poultry as farm
pets or for domestic purposes pursuant to the regulations of this
chapter shall not be construed as animal husbandry.
AUTO WRECKING
The dismantling or disassembling of used motor vehicles or
recreation vehicles, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete, or wrecked vehicles or their parts.
BLOCK
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Borough line or any combination thereof.
BOARD
The Zoning Hearing Board of the Borough of Quakertown.
BOROUGH
The Borough of Quakertown, Bucks County, Pennsylvania.
BOROUGH COUNCIL
The duly elected governing body of the Borough of Quakertown,
Bucks County, Pennsylvania.
BUFFER YARD
A strip of land at least 20 feet in width which may be a
part of the minimum setback distance and which is free of any principal
or accessory building, parking, outdoor storage or any use other than
open space.
BUILDING
A structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property. Building is interpreted as including "or part thereof."
BUILDING COVERAGE
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, covered porches, carports and breezeways, but excluding
patios) by the total area of the lot upon which the buildings are
located.
BUILDING HEIGHT
The vertical distance of a building measured from the point
which is the mean level of the highest and lowest portion of the site
covered by the building to the highest portion of the roof.
BUS SHELTER
An open semi-enclosed or enclosed structure in which people
can stand or sit while waiting for a bus.
CAMPGROUND
Any lot, parcel or tract of land upon which space is rented
for two or more tents, recreation vehicles, camping trailers, travel
trailers, pickup coaches, motor homes or any combination thereof for
temporary occupancy.
CARPORT
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
CARTWAY
The paved portion of a street or highway designed for vehicular
traffic.
COMMERCIAL MOTOR VEHICLE
A motor vehicle licensed by the commonwealth in a class other
than Class I or Class II. For purposes of this chapter, a recreational
vehicle shall not be considered a "commercial motor vehicle."
COMMISSION
The Planning Commission of the Borough of Quakertown.
COMPREHENSIVE PLAN
The document entitled "Comprehensive Plan for the Borough
of Quakertown," or any part thereof, adopted by Borough Council.
CONDITIONAL USE
Certain specified uses which are allowed or denied by Borough
Council after recommendation by the Planning Commission pursuant to
express standards and criteria set forth in this chapter.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.
CONSTRUCTION
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; includes
the demolition of a preexisting building; provided, that further construction
be diligently carried on.
CONVERSION
To change or adapt land or structures to a different use,
occupancy or purpose.
COUNTY
The County of Bucks, Commonwealth of Pennsylvania.
CURATIVE AMENDMENT
A proposed zoning amendment made to Borough Council by any
landowner who desires to challenge on substantive grounds the validity
of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
DENSITY
A measure of the number of dwelling units per acre by dividing
the number of dwelling units by the gross site acreage.
DETACHED
A state of being surrounded on all sides by yards.
DISTRICT or ZONING DISTRICT
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
DRIVEWAY
A privately owned and constructed vehicular access from a
private or public street to three or less off-street parking spaces.
DUMP
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof, or waste material of any kind.
DWELLING UNIT (HOUSING UNIT)
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities and having outside access directly from the dwelling unit
or through a common hall.
FAMILY
Any number of individuals living together as a single housekeeping
unit and doing their cooking on the premises, when said individuals
are related by blood, marriage or adoption, including any number of
foster children under the care of same; or no more than five unrelated
individuals living together as a single housekeeping unit using a
single kitchen facility and a common eating area. Domestic servants
shall be considered an adjunct to the term "family." This definition
excludes the occupants of a club, fraternity house, lodge, residential
club and boardinghouse.
FAMILY DAY CARE HOME
Any premises other than the individual's own home, operated
for profit or not for profit, in which child day care is provided
at any one time to a maximum of six individuals who are not relatives
of the caregiver.
FENCE
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall if the wall is used as a fence.
FLOOR AREA (GROSS FLOOR AREA)
The total area of all floors, as measured to the outside
surfaces of exterior walls (or from the center line of party walls
separating two buildings), but excluding cellars, crawl spaces, garages,
carports, attics without floors, open porches, balconies and terraces.
GARAGE
A building or part thereof used for the storage or parking
of one or more vehicles.
GRADE
The elevation of finished ground or paving.
GRADE PLANE
The elevation of finished ground or paving adjoining the
building at exterior walls. Where the finished ground level slopes
away from the exterior walls, the elevation shall be established by
the lowest points within the area between the building and the lot
line or, where the lot line is more than six feet from the building,
between the building and a point six feet from the building.
GROUND FLOOR
Any story having its first finished floor surface entirely
above grade plane or in which the finished surface of the floor next
above is more than six feet (1,829 mm) above grade place or more than
12 feet (3,658 mm) above the finished ground level at any point.
HAZARDOUS WASTES
Those wastes where a significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes and subject to special state or
federal licensing.
IMPERVIOUS COVER
Any area covered by a structure or other cover which is incapable
of being penetrated by moisture.
JUNK or SALVAGE
Any discarded material or articles (including scrap metallic
or nonmetallic items, abandoned vehicles and equipment, paper, glass,
containers and structures). It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
JUNKYARDS (SALVAGE YARDS)
Any land or structure where junk or salvage is discarded,
bought, sold, exchanged, stored, bailed, cleaned, packed, disassembled
or handled. "Junkyard" does not include those structures where used
furniture or household equipment is stored, bought or sold, nor those
structures or land where automobiles not abandoned are stored, bought
or sold.
KITCHEN FACILITIES
Shall consist of all the following: sink with piped water,
a permanent cook stove and a refrigerator.
LANDOWNER
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a lessee if he
is authorized under the lease to exercise the right of the landowner.
LOT
Any parcel or tract of land intended as a unit of ownership,
transfer of ownership, use, rent, improvement or development. The
word "lot" includes the word "plot," "parcel," or "tract." Contiguous
vacant nonconforming lots under common ownership shall be considered
one lot. A lot may or may not coincide with a lot of record as shown
on the official tax maps of the Borough of Quakertown.
A.
Corner Lot. A lot situated at and abutting the intersection
of two streets having an interior angle of intersection not greater
than 135°.
B.
Interior Lot. A lot other than a corner lot (whose sides do
not abut a street).
C.
Reverse Frontage Lots. Lots which front on one public street
but provide vehicular access solely from another public street at
the rear of the lot.
D.
Through Lot. An interior lot having frontage on two streets.
LOT AREA
The area contained within the lot lines, excluding space
within all existing and future road rights-of-way.
LOT DEPTH
The mean average horizontal distance between the front and
the rear lot lines.
LOT LINES
The property lines bounding the lot.
A.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from an existing or future street right-of-way (whichever contains a greater right-of-way width).
B.
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three sided lot has no rear lot line.)
C.
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
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SAMPLE LOT CONFIGURATIONS: NUMBERS
CORRESPOND TO THE ABOVE DEFINITION
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LOT WIDTH
The horizontal distance between the side lot lines measured
along the minimum prescribed front yard setback line as set forth
in this chapter.
MAJOR AUTO REPAIRS
Includes major mechanical and body work, straightening of
body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations.
MINOR AUTO REPAIRS AND SERVICES
Includes:
A.
Sale and servicing of spark plugs, batteries and distributors
and distributor parts.
B.
Tire servicing and repair, but not recapping or regrooving.
C.
Replacement of mufflers and tail pipes, water hoses, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors
and the like.
D.
Radiator cleaning and flushing.
E.
Washing and polishing, and sale of automotive washing and polishing
materials.
F.
Greasing and lubrication.
G.
Providing and repairing fuel pumps, oil filters and lines.
H.
Minor servicing and repair of carburetors.
I.
Emergency electrical repairs.
J.
Adjusting and repairing brakes.
K.
Mini grocery store with sales of packaged foods, beverages,
tobacco and similar convenience goods for filling station customers,
as accessory to principal operation.
L.
Provision of road maps and other informational material to customers.
M.
Provision of restroom facilities.
N.
State inspection and normal state inspection repairs.
MULTIPLE-FAMILY DWELLING
A building containing two or more dwelling units. Each dwelling
unit may be separately owned, provided that the area formed by the
combined lots of all dwelling units in a multiple-family dwelling
shall comply with all of the requirements for that type of multiple-family
dwelling in that district.
[Amended Ord. No. 1226, 6/5/2019]
NONCONFORMING LOT
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Board. Nonconforming lots side-by-side under common ownership
shall be considered one lot.
NONCONFORMING STRUCTURE
A structure which could not be built under this chapter by
reason of restrictions on area, lot coverage, height, yards or other
characteristics of the structure or its location on the lot, but was
lawfully in existence prior to the effective date of this chapter.
NONCONFORMING USE
A use which does not comply with the applicable use provisions
of this chapter, but which was lawfully in existence prior to the
effective date of this chapter.
OFFICIAL MAP
The Official Map as adopted or amended by Borough Council
showing the characteristics of streets, watercourses and public grounds.
OFFICIAL ZONING MAP
The map as adopted or amended by Borough Council which designates
the location and boundaries of zoning districts.
OPEN SPACE
The area of a lot unoccupied by principal or accessory structures,
streets, driveways or parking areas; but includes areas occupied by
walkways, patios, porches without roofs, playgrounds, outdoor recreation
or play apparatus, gardens or trees. Detention ponds and retention
ponds shall not be considered as open space.
OPEN SPACE, COMMON
A parcel or parcels of land, or an area of water, or a combination
of land and water within a development site which is open space designed
and intended for the use or enjoyment of residents of a development.
Detention ponds and retention ponds shall not be considered as open
space.
ORDINANCE
The Zoning Ordinance for the Borough of Quakertown, including
the Official Zoning Map, Official Street Classification Map and any
amendments enacted by Borough Council.
PARKING FACILITIES
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
PATIO
An area or courtyard which is not covered by a roof or permanent
awning, and is designed for outdoor living purposes as an accessory
use to a structure. A patio with footers, for purposes of this chapter,
shall be considered a structure which complies with all applicable
yard requirements in this chapter.
PERMIT
A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
A.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this chapter which authorizes an applicant to proceed with said use, building or structure.
B.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration or reconstruction.
C.
OCCUPANCY PERMITA permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. For purposes of this chapter, an occupancy permit is also issued for all commercial and industrial uses and for multiple-family dwellings where there is change in the use of a structure or parcel of land or the occupancy of a structure or land.
PERMITTED USE
A use which does not require special action by the Zoning
Hearing Board or by Borough Council before a zoning permit is granted
by the Zoning Officer.
PERSON
An individual, partnership, organization, association, trust
or corporation. When used in a penalty provision, "person" shall include
the members of such partnership, the trustees of such trust and the
officers of such organization, association, or corporation.
PORCH
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
PRINCIPAL USE
The single dominant use or single main use on a lot.
PUBLIC NOTICE
Notice required by Act 247, the Municipalities Planning Code.
Currently Act 247 requires notice be given not more than 30 days and
not less than seven days in advance of any public hearing required
by this chapter. Such notice shall be published once each week for
two successive weeks in a newspaper of general circulation in the
Borough. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
RECREATION VEHICLE
A vehicular type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including, but not limited to, travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RENTAL UNIT
One or more rooms intended to be occupied by one family as
separate living quarters, but does not contain one or more of the
following: sanitary facilities and kitchen facilities.
SANITARY FACILITIES
All of the following: sink with piped water, a toilet and
a bathtub or shower with piped water which is connected to a sewage
disposal system.
SANITARY LANDFILL
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department under the Solid Waste Management Act.
The term shall not include any facility that is used exclusively for
disposal of construction/demolition waste or sludge from sewage treatment
plants or water supply treatment plants. ("Municipal waste landfill"
as defined in Act 101 of 1988.)
SCREEN
A fence or natural obstruction of sufficient height (but
not less than six feet high) to effectively visually obscure the area
being screened from adjoining areas.
SEWAGE DISPOSAL SYSTEM
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of the appropriate state
agency and of the Borough.
SIGN
A visual display or image which is affixed to, painted or
represented directly or indirectly upon a building, structure, land
or any surface and which directs attention to an object, product,
service, place, activity, person, institution, organization or business,
regardless of whether such display or image is permanent or temporary,
but excluding displays or images which are decorative only. Customary
displays of merchandise or objects and material without lettering
placed behind a store window are not signs or parts of signs.
A.
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered elsewhere than upon the premises where the sign is located, or to which it is affixed.
B.
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed (including signs offering premises for sale, rent or development, or advertising building trades during construction or alteration).
D.
PARALLEL SIGNA sign which is attached to or is part of the facade of a building and does not extend more than 14 inches from such facade.
E.
PERMANENT SIGNAny sign located on a lot for 180 days or more in any calendar year.
F.
PROJECTING SIGNA sign which is attached to the facade of a building and extends more than 14 inches, but not more than four feet, from such facade.
G.
ROOF SIGNA sign which is mounted or otherwise affixed to the roof of a building.
H.
TEMPORARY SIGNAny sign located on a lot for less than 30 days in any calendar year.
I.
WINDOW SIGNAn inside or outside sign affixed to a window of a building.
J.
FRAME SIGN– A sign which has no permanent base and is not fixed permanently to the ground or to a building.
K.
ELECTRONIC MESSAGE BOARD SIGNA sign with changing letters, messages or displays which are illuminated and which are operated by a computer or other electronic device.
(1)
CHANGEABLE-COPY SIGN, ELECTRONICA sign or portion thereof that displays electronic, nonpictorial, text information, which is operated by a computer or other electronic device.
L.
BILLBOARD SIGNAn off-premises sign measuring approximately 12 x 25 feet, with a fixed display, not electronic.
M.
AWNING SIGNA sign painted on or applied to a structure made of cloth, canvas, or similar material which is affixed to and projects from a building.
N.
MARQUEE SIGNAny sign attached to a marquee for the purposes of identifying a theater or movie house.
SIGN, GROSS SURFACE AREA OF
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the sign. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
SITE ALTERATION
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
SOLAR ACCESS
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (solar time) on areas of a lot within required
yard areas.
SOLID WASTE
Any garbage, refuse, industrial lunch room or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term does not include
source-separated recyclable materials. ("Municipal waste" as defined
by Act 101 of 1988.)
SPECIAL EXCEPTION USE
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
chapter; provided, the use complies with the conditions and standards
required by this chapter.
STORY and HALF-STORY
That portion of a building, included between the surface
of any floor and the ceiling next above it, having a vertical distance
of not less than seven feet shall be considered a full story. Any
such portion of a building having a vertical distance of less than
seven feet shall be considered a half-story.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
parkway, lane, boulevard, highway, road and any other thoroughfare
except an alley, access drive or driveway.
A.
ARTERIALStreets carrying medium to heavy volumes of traffic at moderate to high speeds, and generally should provide limited access to land which would interfere with their primary traffic functions.
B.
COLLECTORStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so designated on the Official Street Classification Map of this chapter.
C.
LOCALStreets designed to provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets. Local streets are those streets which are so designated on the Official Street Classification Map of this chapter.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, the division of land for agricultural purposes
into parcels of more than 10 acres, not involving any new street or
easement of access or any residential dwelling, shall be exempted.
SWIMMING POOL
A body of water or receptacle for water having a depth at
any point greater than 24 inches which is primarily used or intended
to be used for swimming or bathing.
USE
Any activity, occupation, business or operation carried on
or intended to be carried on in a structure or on a lot.
VARIANCE
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variation from the
strict application of a requirement of this chapter. Variances are
granted only in the case of exceptionally irregular, narrow, shallow
or steep lots, or other exceptional physical conditions, whereby strict
application of regulations would result in practical difficulty and
unnecessary hardship. Variances are granted only if specific requirements
are met. A variance may not be granted to permit a use which is not
permitted in the zoning district involved.
WATER SUPPLY SYSTEM
A system designed to transmit water from a source to users
in compliance with the requirements of the appropriate state agencies
and the Borough.
YARD
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
A.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line or side street lot line.
B.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
C.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter.