[Amended 3-15-1982 by Ord. No. 530; 1-15-1991 by Ord. No. 592; 12-16-1991 by Ord. No. 599; 10-19-1992 by Ord. No. 614]
Words used in the present tense include the future; the singular
includes the plural, and the plural includes the singular; and the
word "shall" is mandatory and not permissive. The word "used" shall
be deemed also to include "designed, intended or arranged to be used."
As used in this chapter, the following terms shall have the meanings
indicated:
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
Any agriculture use, as herein defined, including farming,
pasturage, agriculture, horticulture, floriculture, viticulture, and
forestry, including the harvesting of timber. It shall exclude all
animal and poultry raising/husbandry.
A passage or way open to public travel which affords generally
a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
Area of a lot or site calculated from dimensions derived
by horizontal projections of the site.
A story having more than 50% of its clear height above the
average level of the surrounding ground but with a floor elevation
below grade. A basement shall be counted as 1/2 story for the purpose
of height measurement if the vertical distance between the ceiling
and the average level of the adjoining ground is more than five feet
or is used for a dwelling unit.
A sign other than one indicating a business conducted on
the premises; a sign upon which advertising matter of any character
is printed, posted or lettered; and it may be either freestanding
or attached to a surface of a building or other structure.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A building where lodging is provided, for compensation, for
three or more persons.
A roofed structure enclosed by walls, columns, or piers for
the shelter, housing or enclosure of persons, goods, materials or
animals.
The vertical distance from the average elevation at grade
level to the highest point of the deck of a flat roof or mansard roof
or to the mean height between the eaves and the ridge for gable, hip
and gambrel roofs.
Imaginary line parallel to or concentric with the nearest
right-of-way line and which is located at the setback distance from
the street right-of-way line, said line being a boundary or limit
beyond which no permanent part of a building shall project.
The written authorization issued by the Borough of Girard
to permit the construction of a building or structure in accordance
with this chapter and/or other ordinances and regulations.
Any mobile sales business activity which renders service
to any portion of the Borough of Girard.
That portion of a road which is paved, graded, or improved
for travel by vehicles within a dedicated right-of-way.
A story having more than 50% of its clear height below the
average level of the surrounding ground. A cellar shall be counted
as 1/2 story for the purpose of height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet or if used for dwelling purposes.
An establishment designed and intended for religious instruction
or public worship.
Any establishment where human patients are examined and treated
by doctors and other licensed professionals, but not hospitalized
overnight.
An establishment operated for social, recreational, or educational
purposes but open only to members and invited guests and not the general
public.
Retail and wholesale establishments, professional offices,
lending institutions and food services engaging in an activity for
profit.
Any mixed use of a structure for both commercial and residential
use purposes.[1]
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
The remodeling or conversion of a single-family dwelling
unit into two or more separate living units, exclusive of basement
and/or cellar dwellings. To be considered as a conversion, any proposed
alterations must be confined to the interior of an already existing
structure.
The Girard Borough Council, Girard Borough, Erie County,
Pennsylvania.
That percentage of the lot area covered by principal and
accessory use structures.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the Borough
lies.
The number of families that may be housed on a lot or group
of lots divided by the area in acres of the lot or group of lots computed,
exclusive of any portion of a road right-of-way.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under Chapter 370, Subdivision and Land Development, or Article VII, Planned Residential Development, of this chapter. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A commercial business that provides service to the occupants
of a vehicle from a window, booth, or other structure designed to
provide such service without the occupants leaving the vehicle. This
shall include, but not be limited to, such establishments as drive-in
banks, restaurants, laundries, and service stations. Also included
in this category are automobile washing facilities that are designed
to allow the vehicle to be driven or propelled through or into a wash
bay.
Any building designed or used as a permanent or temporary
living quarters for human habitation.
A building or portion thereof designed for or occupied by three or more families living independently of each other with separate living, cooking, sanitary and entrance facilities for each. Multifamily structures are only permitted as planned residential developments and must be developed in accordance with Article VII of this chapter.
A detached building arranged or used for occupancy by one
family. Only one dwelling is permitted on each lot of record.
A building or portion thereof designed for or occupied by
two families living independently of each other with separate living,
cooking, sanitary and entrance facilities for each.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough of
Girard.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, hydrants,
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate services by such
public utilities or municipal or other governmental agencies for the
public health or safety or general welfare.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[2]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A building or part thereof, other than a private garage,
used for the storage of motor vehicles for rental purposes or where
any such vehicles are kept for hire.
An accessory building or part of a main building used primarily
for the storage of motor vehicles as an accessory use by members of
the family or families housed in the building to which such garage
is accessory.
Premises where motor vehicles are serviced and repaired,
including engine overhaul and body work.[3]
Any use customarily carried on entirely within a dwelling
by occupants thereof, which use is clearly incidental and subordinate
to the use of the dwelling for dwelling purposes and which does not
change the residential character thereof.
A building containing rooms which are used, rented or hired
out to guests for sleeping purposes, and where only a central kitchen
and dining room are provided with the building for guests and the
general public, and provides separate sanitary facilities.
A service facility with any type of treatment center, whether
institutional, nonprofit or otherwise, designed to provide any method
of pressure on, or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating of external soft parts
of the body with the hands or with the aid of any mechanical or electrical
apparatus or appliance, with or without such supplementary aids as
rubbing alcohol, lineaments, antiseptics, oils, powder, creams, lotions,
ointments, or other similar preparations commonly used in this practice.
[Added 2-19-2001 by Ord. No. 673]
Land or structures used for the collecting, storage, processing
and sale of scrap metal, scrapped, abandoned or junked motor vehicles,
machinery, equipment, wastepaper, glass, rags, containers and other
discarded materials. It shall not include, however, refuse or garbage
kept in a proper container for the purpose of prompt disposal. The
dismantling of two or more used vehicles or trailers or the storage,
sale, or dumping of two or more partially dismantled or obsolete or
wrecked vehicles or trailers shall be considered a junkyard.
The boarding, breeding, housing, keeping or medical treatment
of three or more dogs six months old or older.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee, if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purpose of this chapter.
The method for determining/calculating the residential density
in a planned residential development. The system correlates the land
area, floor area, open space, livability space, recreation space and
car storage space for a planned residential development to prevent
overdevelopment or overcrowding of a building site. Under this system,
a land use intensity rating is assigned to each zoning district where
planned residential developments are permitted. The rating controls
the overall density of development.
The processing or fabrication of certain materials and products
which does not produce objectionable noise, vibration, air pollution,
fire hazard or other disturbances or dangers to neighboring properties.
A portion of a lot usable for the loading or unloading of
motor vehicles.
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.
The total horizontal ground area of a lot computed, exclusive
of any portion of the right-of-way of any public or private thoroughfare,
street, road, alley, or easement of access of use, but including any
easement for essential services.
A lot at the junction of and fronting on two or more intersecting
street rights-of-way.
A mean horizontal distance between the front and rear lot
lines.
Any lot which, individually or as a part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Erie County
prior to the effective date of this chapter.
A mean horizontal distance between the side lot lines measured
along the front setback line.
Encompasses all of the major groups in the manufacturing
division (20-39) of the Standard Industrial Classification of the
Federal OMB.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy, except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent
foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
See "hotel."
A body politic and corporate created pursuant to the Act
of June 19, 2001, P.L. 287, No. 22 (53 Pa.C.S.A. § 5601
et seq.), known as the "Municipality Authorities Act."[4]
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:[5]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
A private parking space, whether or not enclosed, located
off the sidewalk and right-of-way of any public or private road.
Any area of land which is predominantly free of structures.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide services to treat or accommodate, in a group care setting,
two or more persons required to have supervision authorized by a court
of law for protection, detention, confinement or incarceration. This
facility is for reasons such as adult or child abuse care, delinquency,
drug or substance dependency, and civil or criminal violation. This
facility includes orphanages, boarding schools for troubled children,
halfway and probation centers, jails and prisons, etc., where supervision
is court ordered for attendance or for overnight, extended stay, and/or
permanent placement.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
The Planning Commission of the Borough of Girard, Erie County,
Pennsylvania.
A building generally open to the public and used for public
use and functions. The term includes, but is not limited to, schools,
day-care centers, museums, airport terminals, hospitals, stores, restaurants,
office buildings, convention centers and government buildings.
[6]Includes parks, playgrounds, trails, paths and other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
public owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93 (65 Pa.C.S.A. § 701 et seq.),
known as the "Sunshine Act."[7]
Notice 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. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A building used exclusively for utilities, such as water,
sewer, electric or heat, provided to the general public for compensation.
[8]Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant, other than a solicitor,
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide health services to treat or accommodate, in a group care setting,
two or more persons in need of assistance for reasons such as age,
mental or physical handicap or disease, emotional or psychological
disturbance, injury or disability. These facilities include hospitals
and clinics, geriatric and rehabilitation centers, nursing and convalescent
homes, group care and personal care homes, etc., where assistance
is given for outpatient, overnight, extended stay, and/or permanent
residency.
Encompasses all of the major groups in the retail trade division
(52-59) of the Standard Industrial Classification of the Federal OMB
and includes building materials and garden supplies, general merchandise
stores, food stores, automotive dealers and service stations, apparel
and accessory stores, furniture and home furnishing stores, eating
and drinking places, and miscellaneous retail.
Sale of goods or articles directly to the consumer in individual
or small quantities as a line of work or occupation in the ordinary
course of business.
[9]Encompasses all the major groups in the services division
(70-89) of the Standard Industrial Classification of the Federal OMB
and includes business services, auto repair and service and garages,
miscellaneous repair services, motion pictures, amusement and recreation
services, health services, legal services, educational services, social
services, museums and botanical and zoological gardens, membership
organizations, private households, miscellaneous services, and agricultural
services.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, escort agency,
nude model studio, or sexual encounter center.
[Added 2-19-2001 by Ord. No. 673]
Any structure or device to attract attention by words or
graphic display.
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
The portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, the space between such floor and the ceiling
above it.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and other ways used or intended to be
used by vehicular traffic or pedestrians, whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A recreational vehicle, with wheels, designed for overnight
occupancy or camping purposes, capable of being towed by a passenger
vehicle.
A facility to accommodate the service, repair and storage
of trucks and other motorized equipment, which provides warehousing
activities.
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
An open space extending the full width of the lot between
the building and the road right-of-way line.
An open space extending the full width of the lot between
the building and the rear lot line.
An open space extending from the front yard to the rear yard
between the building and the nearest side lot line.
The written authorization issued by the Zoning Officer for
the use of land or buildings or other structures.
The map containing the zoning districts of the Borough of
Girard, Erie County, Pennsylvania, together with all amendments subsequently
adopted.
The Zoning Officer or authorized representative appointed
by the Girard Borough Council, Borough of Girard, Erie County, Pennsylvania.
