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:
ABANDONED MOTOR VEHICLE
The definition in the Pennsylvania Motor Vehicle Code shall
apply. As of 2007, such definition was as follows:
A.
A motor vehicle that is physically inoperable and is left unattended
on a highway or other public property for more than 48 hours;
B.
A motor vehicle that has remained illegally on public property
for a period of more than 48 hours;
C.
A motor vehicle without registration plates left standing on
or along side the highway; or
D.
A motor vehicle that has remained on private property without
the consent of the owner or person in control of the property for
more than 48 hours; provided, that vehicles and equipment used or
to be used in construction, or the operation or maintenance of public
utility facilities and which are left in a manner which does not interfere
with the normal movement of traffic shall not be considered abandoned
vehicles for the purposes of this chapter.
ABUT or ABUTTING
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
ACCESSORY STRUCTURE (INCLUDES ACCESSORY BUILDING)
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
ADJACENT
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
ADULT BOOKSTORE
An establishment in which over 10% of the total floor area
is occupied by books, films, periodicals and videotapes which are
distinguished by a clear emphasis on displaying uncovered male or
female genitals or specified sexual activities or by or paraphernalia
or novelties related to specified sexual activities and which items
are offered for sale, rent or receipt of coins or tokens. If such
items are within a room(s) that is restricted to persons age 18 or
older, then this definition shall apply to any establishment in which
over 10% of the floor area is within such restricted room(s).
ADULT DAY-CARE CENTER
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimers disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays, but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
ADULT LIVE ENTERTAINMENT FACILITY
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual "specified sexual activities" related to some
form of monetary compensation paid to a person or entity involved
in such activity or establishment.
ADULT MOVIE THEATER
A use involving the presentation to three or more persons
at one time in a room of motion pictures, videotapes or similarly
reproduced images distinguished or characterized by an emphasis on
depiction of "specified sexual activities" for observation by such
persons and that is related to some form of monetary compensation
paid by the persons viewing such matter.
ADULT USE
This term shall include any of the following uses: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
facility/use.
AFTER HOURS CLUB
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
ALLEY
A vehicle right-of-way having a maximum right-of-way width
of 16 feet and that usually provides secondary access to the side
or rear on one or more lots, and which is not intended for through
traffic.
ANTENNA, STANDARD
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (other than a satellite dish
antenna which is treated separately) or for transmitting shortwave
or citizens band radio frequencies. This shall include antennas used
by an amateur ham radio operator or by a contracting business or utility
to communicate with its employees, but shall not include a commercial
communications antenna. This term includes any accessory supporting
structures.
APPLICANT
The definition in the State Municipalities Planning Code,
as amended, shall apply.
ASSISTED-LIVING FACILITY
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older with physical handicaps or limitations,
and/or who are developmentally disabled. Assisted-living facilities
shall be licensed as personal-care centers by the Commonwealth of
Pennsylvania.
[Amended 3-12-2009 by Ord. No. 2009-04]
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
An area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in §
450-34.
AUTO REPAIR GARAGE
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." See requirements in §
450-34.
AUTO SERVICE STATION
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include activity meeting the definition of a "truck stop." See storage limits and other requirements in §
450-34.
BASEMENT
The portion of a building that is partly or completely below
grade. See the definition of "story."
BED-AND-BREAKFAST INN
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in §
450-34 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in §
450-34.
BOARDING HOUSE (INCLUDES "ROOMING HOUSE")
A residential use in which: room(s) that do not meet the
definition of a lawful dwelling unit are rented for habitation; or
a dwelling unit includes greater than the permitted maximum number
of unrelated persons. A boarding house shall not include a use that
meets the definition of a hotel, dormitory, motel, life-care center,
personal-care center, bed-and-breakfast inn, group home or nursing
home. A college fraternity or sorority house used as a residence shall
be considered a type of boarding house. A boarding house may either
involve or not involve the providing of meals to residents, but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boarding house shall primarily
serve persons residing on-site for five or more consecutive days.
BOROUGH
Borough of Walnutport, Northampton County, Pennsylvania.
BUFFER YARD
A strip of land that: separates one use from another use or feature; and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See §
450-62.
BUILDING
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
BUILDING COVERAGE
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
BUILDING WIDTH
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a "junkyard."
CARTWAY
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
CHRISTMAS TREE FARM or TREE FARM
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale from November 15 to December 30 of trees that were produced on
the premises.
CHURCH
See "place of worship."
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system or for cellular telephone communications. See §
450-34.
COMMERCIAL USE
This term includes but is not limited to: retail sales, offices,
personal services, auto sales, auto repair garages and other uses
of a similar profit-making nonindustrial nature. The sale of goods
or services from a vehicle on a lot shall also be considered to be
a commercial use.
COMMUNITY CENTER
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a "treatment center."
CONDEMNATION
The legal process pursuant to the Eminent Domain Code by which the Borough takes, injures or destroys property
by authority of law for a public purpose.
[Added 8-9-2012 by Ord. No. 2012-07]
CONDITIONAL USE
A use that is only allowed under this chapter if conditional use approval is obtained. Conditional use approval shall be required from Borough Council, after the Planning Commission is provided an opportunity for a review. See §
450-21.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.
CONSERVATION EASEMENT
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an "auto
service station."
CORRECTIONAL FACILITY
A use in which persons are ordered to be confined by court
of law or are confined awaiting trial or sentencing.
CRAFTS OR ARTISAN'S STUDIO
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
CURATIVE AMENDMENT, MUNICIPAL
A process provided in the Municipalities Planning Code that
permits a municipality to address the potential invalidity of portions
or all of its own zoning ordinance.
DAY CARE, CHILD
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods
of less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or "Head Start" programs. See
also the definition of "adult day-care center."
A.
The following three types of day care are permitted without
regulation by this chapter: care of children by their own relatives;
care of children within a place of worship during regularly scheduled
religious services; and care of one to three children within any dwelling
unit, in addition to children who are relatives of the caregiver.
C.
GROUP DAY-CARE HOMEA type of day-care use that: provides care for between seven and 12 children at one time who are not relatives of the primary caregiver; provides care within a dwelling unit; and is registered with the applicable state agency.
D.
CHILD DAY-CARE CENTERA type of day-care use that: provides care for seven or more children at any one time who are not relatives of the primary caregiver; does not meet the definition of a "group day-care home"; and is registered with the applicable state agency. (Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.) See §
450-34.
DENSITY
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
DEP
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
DEVELOPMENTAL DISABILITY
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
A.
Attributable to mental retardation, cerebral palsy, epilepsy
or autism.
B.
Found to be attributable to any other conditions found to be
closely related to mental retardation because such condition results
in similar impairment of general intellectual functioning or adaptive
behavior to that of mentally retarded persons or requires treatment
and services similar to those required for such persons.
C.
Attributable to dyslexia resulting from a disability described in the above Subsections
A and
B of this definition.
DISTRICT (or ZONING DISTRICT)
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
DORMITORY
A residential facility that only houses full-time students
and staff-persons of an accredited college or university, and which
does not meet the definition of "dwelling units."
DRIVE-THROUGH SERVICE
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
DRIVEWAY
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings or their accessory
buildings, and which does not meet the definition of a street or an
alley.
DWELLING
A building used as nontransient living quarters, but not
including a boarding house, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
DWELLING TYPES
This chapter categorizes dwellings into the following types:
A.
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article
V of this chapter and where permitted by Article
IV and meeting the floor area requirements of Article
IX.
B.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership.
D.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
E.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
(1)
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; is designed for permanent occupancy; which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home," which is defined above. See standards in §
450-34.
F.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
G.
TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in §
450-34.
Dwelling Types
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DWELLING UNIT
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have: its own
toilet, bath or shower, sink, sleeping and cooking facilities; and
separate access to the outside or to a common hallway or balcony that
connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or two
separate and distinct sets of kitchen facilities.
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 11-14-2013 by Ord. No. 2013-06]
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This use may
include housing for emergency personnel while on call.
EMPLOYEES
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
ESSENTIAL SERVICES
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in §
450-30. "Essential services" shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
FAMILY
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or a maximum of four unrelated individuals who maintain a common household and live within one dwelling unit. A dwelling unit shall be occupied by a maximum of one family. A family shall also expressly include numbers of unrelated persons allowed by the group home provision of §
450-34 residing within an approved group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
FENCE
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete or similar materials shall be considered a "wall." The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. See §
450-35.
FINANCIAL INSTITUTION
An establishment primarily involved with monetary, not material,
transactions and that has routine interactions with the public.
FLOOR AREA, TOTAL
The total, aggregate, floor space within a building(s) measured
from the exterior faces of exterior walls or from the center lines
of walls separating buildings. "Floor area" shall specifically include,
but not be limited to: fully enclosed porches; and basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least seven feet. Floor area shall not include unenclosed
porches, decks or breezeways.
FORESTRY
The management of forests and timberland 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.
GARAGE SALE
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See §
450-35.
GLARE
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See §
450-42.
GOVERNMENT FACILITY, OTHER THAN BOROUGH-OWNED
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Walnutport Borough. This term shall not include uses listed separately in the table of uses in Article
IV of this chapter, such as "publicly owned recreation." This term shall not include a correctional facility.
GROUP HOME
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the individual served
due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and all persons subject to protection under the Federal
Fair Housing Act Amendments of 1988. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use.
A.
Group homes shall be subject to the same limitations and regulations
by the Borough as the type of dwelling unit they occupy.
B.
It is the express intent of the Borough to comply with all provisions
of the Federal Fair Housing Act, as amended, and regulations promulgated
thereunder, in the construction of this term.
C.
A "group home" shall not include a treatment center.
D.
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NOTE: The Federal Fair Housing Act Amendments defined "handicap"
as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2)
a record of having such an impairment, or 3) being regarded as having
such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in Section
802 of Title 21." This definition was subsequently adjusted by Section
512 of the Americans With Disabilities Act to address certain situations
related to substance abuse treatment.
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HAZARDOUS SUBSTANCES
A product or waste, or combination of substances that because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to materials which are included on the latest edition
of one or more of the following lists:
A.
"Hazardous substances" as defined pursuant to Section 311 of
the Federal Clean Water Act, or its successor provisions.
B.
"Hazardous substances" as defined pursuant to the Federal Comprehensive
Environmental Response, Compensation and Liability Act, or its successor
provisions.
HAZARDOUS SUBSTANCES, EXTREMELY
Amounts above the federally required reportable volumes of
hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 Code of Federal Regulations Part 1910, or its successor
provisions.
HEIGHT
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in §
450-61. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article
VIII, Signs.
HOSPITAL
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an "office." A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professionals.
HOTEL or MOTEL
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boarding house and shall meet the
requirements of that use. See also "bed-and-breakfast" use. A hotel
or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is not the principal use of the property.
JUNK
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials. "Junk" shall not include:
solid waste that is temporarily stored as is customary in an appropriate
container that is routinely awaiting collection and disposed of in
a manner consistent with state regulations; toxic wastes; grass clippings,
leaves, tree limbs or similar yard waste materials; or items clearly
awaiting imminent recycling at an approved recycling facility.
JUNK VEHICLE
Includes any vehicle or trailer that meets any of the following
conditions:
A.
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs;
B.
Cannot be towed, in regards to a trailer designed to be towed;
C.
Has been demolished beyond repair;
D.
Has been separated from its axles, engine, body or chassis;
E.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle; and/or
F.
Has had all of the tires removed from the vehicle or has had
one or more windows broken or removed from the vehicle for more than
10 days.
See also the definition of "unregistered vehicle."
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JUNKYARD
A.
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
(2)
Three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the requirements of §
450-34 for an auto repair garage or auto service station.
(3)
One or more mobile/manufactured homes that are not in a habitable
condition.
B.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
C.
A junkyard specifically shall include but not be limited to
any metal scrap yard or auto salvage yard.
KENNEL
The keeping of a greater number of dogs and/or cats than
are permitted under the keeping of pets provisions of this chapter.
A kennel may also serve other animals.
LANDOWNER
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
LIFE-CARE CENTER
A residential use designed and operated exclusively for adults
of 55 years of age or older and/or physically handicapped persons
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent
cover or shade.
LIVESTOCK (AND POULTRY), RAISING OF
The raising and keeping of livestock, horses, poultry or insects beyond what is allowed under §
450-35D(10), Keeping of pets, and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A "lot" may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
LOT AREA
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
A.
Areas within the designated future or existing legal rights-of-way
of: any proposed or existing public streets or alleys; or any proposed
or existing commonly maintained private streets that serve more than
one lot. (Note: Other sections of this chapter may specifically permit
proposed streets to be included in determining density for a specific
use.)
B.
Areas that are currently or will be required to be dedicated
as common open space on a separate lot. (Note: Other sections of this
chapter may specifically permit proposed common open spaces to be
included in determining density for a specific use.)
LOT, CORNER
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
LOT LINES
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
B.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
C.
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Sample Lot Line Configurations
The abbreviations below correspond to:
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a
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Front lot line
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b
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Rear lot line
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c
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=
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Side lot line
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d
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=
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Front lot line required to meet § 450-62B.
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LOT WIDTH
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall.
Terms for Lot Requirements
For Illustrative Purposes Only
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MAILED NOTICE
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 11-14-2013 by Ord. No. 2013-06]
MASSAGE
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person(s)'s skin other
than the face or neck by another person(s) that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
MASSAGE PARLOR
An establishment that meets all of the following criteria:
B.
The use does not meet the definition of "massage therapy, certified"
and the person conducting the massage is not licensed as a health
care professional by the state.
C.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
D.
The massages are conducted within private or semiprivate rooms.
E.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or to a high school or college athletic
program.
MASSAGE THERAPY, CERTIFIED
A use involving performance of massages by a person licensed
or certified by the state as a massage therapist or certified by a
recognized national organization that requires over 60 hours of professional
training. This use shall be considered a type of personal service.
MEDICAL CENTER
A type of office used exclusively by physicians and dentists
for treatment and examinations of patients, provided that no overnight
patients shall be kept on the premises. A "medical center" as defined
herein is not a treatment center or a hospital (see definitions).
MEMBERSHIP CLUB
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
A.
This use shall not include a target range for outdoor shooting
of firearms, boarding house, tavern, restaurant or retail sales unless
that particular use is permitted in that district and the requirements
of that use are met.
B.
See §
450-34. See also "after-hours club."
MINERAL EXTRACTION
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
"Mineral extraction" includes but is not limited to the extraction
of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
MOBILE/MANUFACTURED HOME PARK
A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park." See §
450-34.
MOTOR VEHICLE
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate carry persons or cargo on roads and that is powered by mechanized
means.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
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 amendments hereinafter enacted.
NONCONFORMING STRUCTURE
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See §
450-64.
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See §
450-64.
NURSING HOME
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See §
450-34.
OFFICE
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
OFFICIAL ZONING MAP
The map as adopted by Borough Council which designates the
location and boundaries of zoning districts.
OPEN SPACE, COMMON
A parcel or parcels of land within a tract which meets all
of the following standards:
A.
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
B.
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned;
C.
Will be deeded to the Borough and/or deed-restricted to permanently
prevent uses of land other than common open space and noncommercial
recreation; and
D.
Does not use any of the following areas to meet minimum open
space requirements:
(1)
Existing street rights-of-way;
(2)
Vehicle streets or driveways providing access to other lots;
(3)
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Borough for agricultural
preservation);
(4)
Off-street parking (other than that clearly intended for noncommercial
recreation);
(5)
Area(s) needed to meet a requirement for an individual lot;
(6)
For land intended to be open to the public, that does not have
provisions for entry with a twenty-foot minimum width by pedestrians
from a street open to the public or from an adjacent common open space
area that has access to such a street;
(7)
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of Borough Council would be reasonably safe and useful for active
or passive recreation during the vast majority of weather conditions;
(8)
Portions of land that have a width of less than 20 feet.
ORDINANCE, THIS
The Walnutport Borough Zoning Ordinance, including the Official
Zoning Map and the Historic Areas and Buildings Map, as amended.
PA
The Commonwealth of Pennsylvania.
PARKING
Off-street parking and aisles for vehicle movement unless
otherwise stated.
PENNDOT
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
PERMITTED-BY-RIGHT USES
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of this chapter. A nonconforming use shall not be considered to be
a permitted-by-right use, a special exception use or a conditional
use.
PERSONAL SERVICE
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any adult uses, as herein defined.
PETS, KEEPING OF
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See §
450-35.
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in §
450-34.
PRINCIPAL STRUCTURE
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
PRINCIPAL USE
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
PUBLIC NOTICE
Notice required by the Municipalities Planning Code. (Note:
As of the adoption date of this chapter, for a Zoning Hearing Board
hearing or an amendment to this chapter, such Act generally required
a legal advertisement published once each week for two successive
weeks in a newspaper of general circulation in the Borough, which
states that time and place of a meeting/hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication not less than
seven days from the meeting/hearing date.)
PUBLICLY OWNED RECREATION
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public.
RECREATION
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests. Publicly owned recreation is a distinctly different
use from indoor recreation or outdoor recreation.
A.
INDOOR RECREATIONA type of recreation use that: does not meet the definition of "outdoor recreation," and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by §
450-30.
B.
OUTDOOR RECREATIONA type of recreation use that: has a total building coverage of less than 15%; and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by §
450-30, such as a firearms target range.
RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted-by-right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
RELATED or RELATIVE
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
REPAIR SERVICE
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
RESEARCH LABORATORY
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products except
as incidental to the main purpose of the laboratory.
RESIDENTIAL ACCESSORY STRUCTURE, BUILDING OR USE
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted
in a household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
RESIDENTIAL LOT LINES
The lot line of a lot that: contains an existing primarily
residential use; or is undeveloped and zoned as a Residential District.
RESTAURANT
A.
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
B.
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is a primary or substantial portion of the total
trade, the requirements of a tavern or nightclub, as applicable, must
be met.
C.
See "drive-through service" in this section.
RETAIL STORE
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
RIGHT-OF-WAY
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way
that will exist after completion of a subdivision or development,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
A.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
SCHOOL, PUBLIC OR PRIVATE PRIMARY OR SECONDARY SCHOOL
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
SCREENING
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in §
450-62D.
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
SETBACK LINE
A.
The line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
adjacent future street right-of-way or exterior lot line (when the
property is not abutted by a right-of-way). Such line shall be measured
at right angles from and parallel to the front lot line.
B.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in §
450-62B.
C.
Unless otherwise stated, setback distances are for both accessory
and principal structures.
D.
Private streets. For a building setback measured from a private
street, the setback shall be measured from the existing right-of-way
of such a street, if a right-of-way exists. If a private street does
not have a right-of-way, the setback shall be measured from the edge
of the cartway.
SIGHT TRIANGLE
An area required to be kept free of certain visual obstructions to traffic. See §
450-62.
SIGN
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§
450-58 and
450-50. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
SIGN, OFF-PREMISES
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
SOLID WASTE TRANSFER FACILITY
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
SPECIAL EXCEPTION
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. See §
450-20.
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
A.
Human male genitals in a visible state of sexual stimulation.
B.
Acts of human masturbation, sexual intercourse, oral sex or
sodomy.
C.
Fondling or other erotic touching of human genitals. See definition
of "adult use."
STATE
The Commonwealth of Pennsylvania and its agencies.
STORY (AND HALF-STORY)
A portion of a building between the upper surface of a floor
and the upper surface of the floor or roof next above. For the purposes
of determining maximum height in this chapter, a floor level shall
be considered a "story" if it meets the definition of an "aboveground
story" in the Building Code. (Note: Such provisions often allow a
rear walkout basement to not count as a story.) If a floor level has
a clear ceiling height less than seven feet and is not designed for
habitation (such as attic storage), then the level shall be considered
a "half-story."
STREET
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street", "highway"
and "road" have the same meaning and are used interchangeably. Streets
shall be classified as "arterial streets," "collector streets" and
"local streets" as categorized in the Borough Comprehensive Plan.
STRUCTURE
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
SUBDIVISION
The definition in Chapter
395, Subdivision and Land Development, shall apply.
SWIMMING POOL, HOUSEHOLD OR PRIVATE
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See §
450-35.
SWIMMING POOL, NONHOUSEHOLD
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household" swimming pool.
TAVERN
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after-hours club." The sale
of food may also occur. See also the definition of "restaurant."
THEATER
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
TRADE/HOBBY SCHOOL or TRADE SCHOOL
A facility that: is primarily intended for education of a
work-related skill or craft or a hobby; and does not primarily provide
state-required education to persons under age 16. Examples include
a dancing school, martial arts school, cosmetology school or ceramics
school.
TRADESPERSON
A person involved with building trades, such as but not limited
to: plumbing, electrical work, building construction, building remodeling,
and roofing.
TREATMENT CENTER
A.
A use (other than a correctional facility or a hospital or a
medical office) providing housing for three or more unrelated persons
who need specialized housing, treatment and/or counseling because
of:
(1)
Criminal rehabilitation, such as a criminal halfway house;
(2)
Current addiction to alcohol or a controlled substance that
was used in an illegal manner; and/or
(3)
A type of mental illness or other behavior that causes a person
to be a threat to the physical safety of others.
UNIT FOR CARE OF RELATIVE
A dwelling unit that: is especially created for and limited to occupancy by a close "relative" of the permanent residents of the principal dwelling unit; is necessary to provide needed care and supervision to such relative; and meets the requirements for such use in §
450-35.
UNREGISTERED VEHICLE
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker (except for antique vehicles exempted
from safety sticker requirements under state regulations). The term
also shall not include motor vehicles displaying a license and inspection
stickers that have each expired less than 90 days previously.
USE
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
VARIANCE
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance is not required with a specific requirement
of this chapter. Any variance shall only be granted within the limitations
of the Pennsylvania Municipalities Planning Code. See §
450-15 of this chapter.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WETLANDS
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
YARD
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal and
accessory structures within specified required minimum yard setbacks.
YARD, FRONT or MINIMUM FRONT SETBACK
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
A.
The front yard shall be on a side that faces towards a public
street, whenever one public street abuts the lot.
B.
See §
450-62 concerning yards along corner lots.
C.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions, including regarding corner lots, through lots and front yard exceptions, in §
450-62.
D.
Every lot shall include at least one front lot line.
YARD, REAR or MINIMUM REAR SETBACK
A.
A yard extending the full width of the lot and which is always
measured from along the rear line and which establishes the minimum
setback for the subject structure, and which stretches between the
side lot lines parallel to the rear lot line.
B.
A principal building shall not extend into the required rear
yard setback for a principal building, and an accessory structure
shall not extend into the required rear yard for an accessory structure,
except as provided in this chapter.
C.
Every lot shall include a rear lot line.
YARD, SIDE or MINIMUM SIDE SETBACK
A.
A yard which establishes the minimum setback for the closest
portion of the subject structure, and which is measured from along
the entire length of the side lot line, and which extends from the
front lot line to the rear lot line.
B.
A structure shall not extend into the applicable minimum side
yard setback, except as provided for in this chapter.
D.
Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under §
450-62B.
ZONING OFFICER
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.