[Ord. 687, 10/6/1986, § 301]
It is not intended that these definitions include only words used or referred to in this Chapter. The words are included in order to facilitate the interpretation of the Chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board. Unless otherwise expressly stated, the following shall, for the purpose of this Chapter, have the meanings herein indicated:
Words used in the present tense include the future tense.
The word "person" includes a profit or nonprofit corporation, company, partnership or individual.
The words "used" or "occupied" as applied to any land or building include the words "intended, arranged or designed to be used or occupied."
The word "building" includes "structure."
The word "lot" includes "plot" or "parcel."
The word "shall" is always mandatory.
[Ord. 6878, 10/6/1986, § 302; as amended by Ord. 709, 9/12/1988, § 3; by Ord. 757, 3/1/1993, § 2; by Ord. 804, 1/12/1998; by Ord. 847, 7/8/2002; by Ord. 854, 1/13/2003, § 1; by Ord. 885, 5/23/2005, § 1; by Ord. 902, 12/11/2006, § 1; and by Ord. 909, 12/20/2007]
For the purposes of this Chapter, the following words, terms and phrases have the meanings herein indicated:
- ACCESSORY APARTMENT
- An accessory residential unit contained within an existing single-family home, garage, or carriage house. An accessory apartment is a complete housekeeping unit which functions independently, having separate access, kitchen, bedroom, and sanitary facilities.
- ACCESSORY BUILDING
- A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
- ADULT DAY CARE
- A facility, not in a private residence, enrolling four or
more adults no less than 18 years of age, where tuition, fees, or
other forms of compensation for the instruction and care of the adults
are charged. Such facility shall employ licensed personnel and shall
be licensed by the Commonwealth of Pennsylvania.[Added by Ord. 931, 10/11/2010]
- ADULT ENTERTAINMENT ESTABLISHMENTS
- Adult bookstores, adult cabarets, adult drive-in theaters, adult massage businesses, adult mini-motion-picture theaters and adult motion-picture theaters, which exclude minors by virtue of age.
- The tilling of the soil, the raising of crops, livestock and horticulture.
- A public or private thoroughfare which affords only secondary means of access to abutting property and not intended for general traffic circulation.
- As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
- A change in regulations or district boundaries or classifications of property established by this Chapter and according to procedures provided by law and exercised by the Town Council.
- ANIMAL HOSPITAL
- A building used for the treatment, housing or boarding incidental to hospital use of small domestic animals such as dogs, cats, rabbits and birds or fowl by a veterinarian.
- ANIMAL KENNEL
- Any lot or premises on which 10 or more dogs or cats, or both, at least four months of age are kept, boarded or trained, whether in special buildings or runways or not.
- APARTMENT CONVERSION
- A dwelling constructed by converting an existing residential or commercial building into apartments for more than one family without substantially altering the exterior of the building.
- APARTMENT HOUSE
- A building designed to contain three or more dwelling units and also referred to as multi-unit dwelling.
- AREA, BUILDING
- The total areas taken on a horizontal plane at the main grade level of the ground surrounding the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
- ATHLETIC FIELDS
- An open area utilized for the playing of intercollegiate or intramural sporting events with limited seating, lighting and concession requirements. Athletic fields are a less intense use than a stadium.
- A self-propelled, free-moving vehicle, primarily for conveyance on a street or roadway.
- AUTOMOBILE BODY SHOP
- A building, or portion thereof, on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles for conveyance.
- AUTOMOBILE GARAGE, COMMERCIAL
- A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing of automobiles, trucks and similar motor vehicles.
- AUTOMOBILE OR GASOLINE SERVICE STATION
- A building on a lot, or part thereof, that is used primarily for the retail sale of gasoline, oil, other fuel and which may include facilities used for cleaning or servicing automobiles and other vehicles. However, any such facilities used for cleaning automobiles and other vehicles must be incidental to the primary use. This definition does not include "automobile washing (car wash)" as defined in this Section.
- AUTOMOBILE and/or MOBILE HOME SALES GARAGE OR LOT
- A building or a lot designed and used primarily for the display or sale of new and used cars and mobile homes where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.
- AUTOMOBILE WASHING (CAR WASH)
- A building on a lot, designed and used primarily for the washing and polishing of automobiles and which may provide accessory services as set forth herein for "automobile service stations."
- AUTOMOBILE WRECKING
- The dismantling or wrecking of used automobiles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
- A story partly or totally underground. A basement shall not be considered in determining the required number of stories.
- BUFFER AREA
- An area which may be part of the required yard, intended to lessen the impact of the use of the lot or building upon adjacent lot or building when such use is considered by these regulations to adversely affect the adjoining use.
- Any structure on a lot having a roof supported and enclosed by columns and walls and intended for the shelter, housing enclosure or storage of persons, animals or chattels.
- BUILDING, DETACHED
- A building surrounded by open space on the same lot and unconnected to any other building.
- BUILDING LINE
- A line parallel to the front, side or rear lot line so as to provide the required yard.
- BUILDING, PRINCIPAL
- A building in which is conducted the principal use of the lot in which it is located.
- Any one or more of the following, other than a hospital, place of detention, or school offering instructions, mobile home park or migrant worker camp:
- A. Any area of land or water of a design or character used for seasonal, recreational or similar temporary living purposes which may include any building or group of buildings of a movable, temporary or seasonal nature such as cabins, tents or shelters and including areas providing transient accommodations for recreation vehicles.
- B. Any land and buildings thereon, used for any assembly of persons for what is commonly known as "day camp" purposes, whether or not conducted for profit and whether occupied by adults or children, either as individuals, families, or groups.
- CAMPING GROUND
- A parcel of land used by campers for seasonal, recreational or other similar temporary living purposes, in buildings of a movable, temporary or seasonal nature, such as cabins, tents or shelters, but not including a mobile home camp, court or park.
- An accessory building open on one or more sides which is primarily designed or used for parking automobiles.
- CLUBS and LODGES
- Private groups organized for the purpose of carrying out their agreed-upon social responsibilities with regard to their own group and service to the larger community and who conduct their functions, but do not reside, in structures or portions of structures known as clubs or lodges.
- CLUSTER DWELLING
- See "dwelling, cluster."
- Something owned, operated and supported by private individuals or a corporation, on a profit basis, for the use or benefit of the general public or for some part of the general public.
- COMMERCIAL COMMUNICATIONS ANTENNA
- Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
- COMMERCIAL COMMUNICATIONS TOWER
- A structure, other than a building, such as a monopole, self-supporting or guyed tower, designed to support commercial communications antennas.
- COMMISSION, PLANNING
- The Planning Commission of the Town of Bloomsburg, Columbia County, Pennsylvania.
- COMMUNITY LIVING FACILITY
- A living arrangement whereby unrelated individuals with diagnosed mental health or mental retardation problems reside on a permanent basis with twenty-four-hour supervision and whose primary purpose is the development and maintenance of community living skills.
- COMPREHENSIVE PLAN
- A Comprehensive Plan (overall program) consisting of maps, charts and textual matter and indicating the recommendations of the Planning Commission for the continuing development of the Town. The Comprehensive Plan includes, but is not limited to, the following related basic elements:
- CONDITIONAL USES
- Any uses as enumerated in certain zones or districts where the conditions described for permitting each type of use have also been enumerated in this Chapter and where permission for such use can only be given by Town Council after review and recommendation by the Town Planning Commission after a public hearing with proper legal notice.
- CONTINUING-CARE RETIREMENT COMMUNITY (CCRC)
- Communities which offer multiple levels of care (independent living, assisted living, skilled nursing care) housed in different areas of the same community or campus and which give residents the opportunity to remain in the same community if their needs change. They provide residential services (meals, housekeeping, laundry), social and recreational services, health care services, personal care, and nursing care. This type of community may require payment of a monthly fee and possibly a large lump-sum entrance fee.
- CONTINUUM OF CARE
- The entire spectrum of specialized health, rehabilitative, and residential services available to the frail and chronically ill. The services focus on the social, residential, rehabilitative, and supportive needs of individuals as well as needs that are essentially medical in nature.
- CONVENIENCE STORE
- A retail establishment that sells groceries and related products for the home and person and which sells gasoline or other automotive products, but which is not a "commercial automobile garage" or an "automobile or gasoline service station" or a "grocery store," as defined in this Section.
- Columbia County, Pennsylvania.
- An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
- COURT, INNER
- A court which does not extend to a street, alley, yard or other outer court.
- A commercial establishment for the manufacture or processing of dairy products.
- DAY-CARE FACILITY
- A facility, not in a private residence, enrolling four or more children no more than six years of age and where tuition, fees or other forms of compensation for the instruction and care of the children is charged. Such facility shall employ licensed personnel and shall be licensed by the Commonwealth of Pennsylvania.
- A measure of the number of dwelling units which occupy, or may occupy, an area of land.
- DENSITY, GROSS RESIDENTIAL
- The number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, excluding public rights-of-way whether exterior or interior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, common open spaces, etc.
- DENSITY, NET RESIDENTIAL
- The number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, etc.
- Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or land development. [See also Subdivision and Land Development, Chapter 22.]
- DISTRICT or ZONE
- A portion of the area of the Town of Bloomsburg, as shown on the Zoning Map, containing a uniform class of uses of structures or land and to which regulations described in this Chapter text apply.
- DRIVE IN/DRIVE THRU
- Access to permitted uses in a district by means of motorized
vehicles or other modes of transportation other than pedestrian.[Added by Ord. 931, 10/11/2010]
- A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purposes of garbage, sewage sludge, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
- DWELLING CLUSTER
- A group of single, double or multiple-unit dwellings, in any combination, located on smaller lot areas in order to increase the amount of open space.
- DWELLING, MOBILE HOME
- See "mobile home."
- DWELLING UNIT
- One or more rooms, including "apartments", used for living and sleeping purposes, having a kitchen or kitchenette with fixed cooking facilities and a bathroom with a toilet and bathtub or shower.
- DWELLING UNIT, MULTIPLE
- A building used or designed as a residence for two or more independent dwelling units. The building arranged as a horizontal and/or vertical string or strings of two or more dwelling units which, together, comprise the building, and which share horizontal or vertical common portions (walls, floors or ceilings) with one another. This definition includes double houses, row houses, condominiums, apartment houses and conversion apartments. Where a building constituting a multiple dwelling unit as defined herein is located on more than one lot, then the yard setback requirements contained in this Chapter need not be complied with between dwelling units within the said building. However, all other applicable dimensional regulations must, in every case, be complied with.
- DWELLING UNIT, SINGLE
- A building having only one dwelling unit including, but not limited to, individual mobile home dwellings meeting the minimum habitable floor area requirements of this Chapter.
- DWELLING UNIT, TWO
- A building having two dwelling units.
- ELDER FAMILY ACCESSORY BUILDING
- A single dwelling unit on the same lot with and either attached to or detached from the primary dwelling on the lot, or a conversion apartment within the primary dwelling, which serves as a separate residence for one or two aged, infirm or disabled parents, grandparents or other family members of the occupant(s) of the primary dwelling. (See also Part 8, "Supplementary Regulations.")
- ESSENTIAL SERVICES DISTRIBUTION FACILITIES
- Public utility transmission/distribution facilities, including substations.
- One or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit, but not including group quarters such as dormitories, sororities, fraternities, convents, and communes.
- A. Occupancy by any of the following shall be deemed to constitute a family:
- (1) Members of a single family, all of whom are related within the second degree of kinship (by blood, adoption, marriage, or civil union).
- (2) A "functional family unit," as defined in Subsection B below.
- (3) Persons with disabilities, as so defined in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
- B. For purposes of this definition of family, a group of adults living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods shall be regarded as a "functional family unit" and shall also qualify as a family hereunder. In determining whether or not a group of unrelated adults is a "functional family unit" under the standard set forth above, the following criteria must be present:
- (1) The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
- (2) The household must have stability with respect to the purpose of this Chapter. Evidence of such stability may include but not be limited to the following:
- (a) Minor dependent children regularly residing in the household, and school-age children are enrolled in local schools.
- (b) Proof of the sharing of expenses for food, rent, or ownership costs, utilities and other household expenses and sharing in the preparation, storage, and consumption of food.
- (d) Common ownership of furniture and appliances among the members of the household.
- (e) Employment of householders in the local area.
- (f) A showing that the household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
- (g) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
- Any parcel (or parcels under single ownership) of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures within the prescribed limits and the storage of equipment customarily incidental to the primary use. For the purposes of this chapter, a farm shall not include the raising of fur-bearing animals, riding academies or boarding stables or kennels.
- FLOOR AREA OF BUILDING
- The sum of the gross horizontal areas of several floors of a principal building on the same lot, excluding basement floor areas not devoted to the principal use. All dimensions shall be measured between exterior faces of walls.
- FLOOR AREA, HABITABLE
- The sum of the net horizontal areas of all rooms used for habitation, but excluding therefrom hallways, closets, stairways, bathrooms and lavatories.
- FRATERNAL ORGANIZATION
- A group of men or women students at Bloomsburg University who are organized for social purposes and who conduct their business or reside in structures known as fraternity or sorority houses.
- GAME ROOM OR CENTER
- An area specifically utilized for entertainment derived from coin-operated machines such as video games, pinball machines and billiards.
- GARAGE, PRIVATE
- An accessory building for the storage of vehicles and/or other items, accessory and incidental to the primary use of the premises.
- GRADE FINISHED
- The completed surfaces of the lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
- A building used for athletic instruction, games and major events, including tiers of seats for spectators.
- HALFWAY HOUSE FOR PERSONS ON PAROLE OR PROBATION
- A facility, representing transitional housing, to provide
residence to a person who would otherwise be incarcerated in a prison.
For the purpose of this chapter, a convicted person shall include
a person who has been released from a prison on parole or a person
granted probation by a court of jurisdiction.[Added by Ord. No. 995, 5/22/2019]
- HEAVY INDUSTRY
- A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw or recycled
or manufactured materials, or a use engaged in storage of or manufacturing
processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized
offensive conditions.[Added by Ord. 931, 10/11/2010]
- HEIGHT OF BUILDING
- The vertical distance measured from the main level of the ground surrounding the building to the highest point of the roof.
- Any landing area used for the landing and taking off of helicopters, including all necessary passenger and cargo facilities, fueling and emergency services facilities.
- HOME GARDENING
- The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock as an accessory use in a residential yard.
- HOME OCCUPATION
- An occupation or profession intended to be, and which actually is a personal service rather than a retail activity, which is customarily a member of the family residing in the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purpose. The residential character of the dwelling unit must be unchanged by the home occupation. If any retail activity is carried on in the premises, it must be clearly incidental and secondary to the personal service activity. The only on-premises advertisement of the home occupation permitted shall be by use of a sign as permitted under § 27-805B(8) of this chapter.
- HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)
- A HUD-approved database application used to confidentially
aggregate data on homeless populations served in the United States,
which is typically a software application that homeless assistance
providers use to coordinate care, manage their operations, and better
serve their clients.[Added by Ord. No. 993, 5/22/2019]
- HOMELESS PERSON
- An individual who, or family which, lacks a fixed, regular
and/or adequate nighttime residence.[Added by Ord. No. 993, 5/22/2019]
- HOMELESS SHELTER
- A building, or portion thereof, providing, without charge
or any form of compensation, emergency housing with sleeping accommodations,
and may include kitchen facilities, dining facilities, laundry facilities,
bathing facilities and restroom facilities, for homeless persons and/or
homeless families that is intended for occupancy of 90 days or less
in a given year as transitional housing by a homeless person and/or
homeless family.[Added by Ord. No. 993, 5/22/2019]
- HOSPITAL RELATED DORMITORY
- A building that is owned and/or operated by a hospital whose primary purpose is to prove living accommodations for individuals associated with the hospital.
- A place for diagnosis, treatment or other care of humans on an around the clock basis, having facilities used primarily for inpatient medical and surgical care and for the treatment of sick and disabled persons.
- A building used for overnight accommodations by transient guests for compensation, and which may provide such services as maid, telephone and postal services. (See also "motel.")
- IMPERVIOUS SURFACE COVERAGE
- Ground area covered by any material which does not allow the absorption of rain water into the soil.
- INDUSTRIAL PARK
- A tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets with utility services, landscaped buffer area, and which may involve covenants controlling the architecture and uses.
- INSTRUCTIONAL FACILITIES
- Any building or part thereof which is designed, constructed or used for education in any branch of knowledge.
- Any lot, land or structure, or part thereof, used for the collection, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and/or for the sale of parts thereof.
- A. Shall consist of the following activities:
- (1) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
- (a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure;
- (b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features; or
- (c) The improvement of land for the installation of parking lots, airport runways, accessory buildings, and any other structure having an impervious surface coverage area in excess of 2,000 square feet.
- (2) The subdivision of land.
- B. The following are exempt when such land development involves:
- (1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
- (2) The addition of an accessory building not in excess of 2,000 square feet, including farm buildings, on a lot or lots subordinate to an existing principal building; or
- (3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
- The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this Chapter.
- LIGHT INDUSTRY
- A use engaged in the basic processing and manufacturing of
materials or products predominately from previously prepared materials,
of finished products or parts, including processing, fabrication,
treatment, packaging, incidental storage, sales, and distribution
of such products, but excluding basic industrial processing.[Added by Ord. 931, 10/11/2010]
- Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Chapter, having not less than the minimum area and width required by this Chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land.
- LOT AREA
- The total area within the lot lines.
- LOT, CORNER
- A lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than 135° and the radius of the street line is less than 100 feet.
- LOT, COVERAGE
- The percentage of the lot area covered by the area of all buildings and structures thereon; as viewed from the site plan and/or roof line and shall include all appurtenances, such as decks, balconies, stairs, stoops, etc.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINES
- The lines bounding a lot as defined under the definition of lot.
- LOT OF RECORD
- Any lot which individually, or as part of a subdivision, has been recorded in the Office of the Recorder of Deeds of Columbia County, Pennsylvania.
- MEDICAL AND DENTIST CLINICS
- Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices or physicians, dentists and other health care practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.
- MEDICAL OFFICES
- An office of licensed physicians, dentists and other health practitioners.
- MIXED-USE STRUCTURE
- A building that contains more than one type of use.
- MOBILE HOME
- A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
- MOBILE HOME LOT
- A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
- MOBILE HOME PARK
- A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
- MOTEL, MOTOR or TOURIST COURT
- One or more buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent, each of which has a separate outside entrance.
- The Town of Bloomsburg, Columbia County, Pennsylvania.
- NATURAL RESOURCES
- Material sources of wealth that occur in a natural state, including forests, minerals, including petroleum, gas, sand, gravel, clay, topsoil, shale, limestone, etc., and water.
- NON-HOSPITAL DRUG-FREE RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY
- A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, representing transitional housing, which includes
the overnight stay of patients, which may include psychological, social,
and behavioral counseling and supportive services designed to assist
a person being treated for a substance abuse disorder to allow their
gradual reentry into the community. No substance abuse detoxification
treatment shall be provided at this facility.[Added by Ord. No. 994, 5/22/2019]
- NONCONFORMING STRUCTURE
- A structure or a part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or amendment hereto or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment. Nonconforming signs are not nonconforming structures. For the purposes of the airport zoning provisions of this chapter a nonconforming structure shall include an object of natural growth, such as a tree.
- NONCONFORMING USE
- A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments hereto or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
- NURSERY, HORTICULTURE
- Any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants, including the buildings, structures and equipment customarily incidental and necessary to the primary use and sale of the above.
- NURSING HOME
- A long-term health care facility, licensed by the Pennsylvania
Department of Health, that offers twenty-four-hour room and board
and health care services, including basic and skilled nursing care.[Added by Ord. No. 994, 5/22/2019]
- NURSING OR CONVALESCENT HOME
- A building designed and licensed for the full-time care of human beings and which includes housing or lodging, meals and nursing.
- The residence in a building or other shelter.
- OPEN SPACE
- The unoccupied space open to the sky and unoccupied by any building or structure.
- PARKING AREA, ACCESSORY OFF-STREET
- A land surface or facility providing vehicular parking spaces
off of a street together with drives and maneuvering lanes so as to
provide access for entrance and exit for the parking of motor vehicles.[Added by Ord. No. 990, 12/10/2018]
- PARKING LOT
- An off-street, surfaced, ground level open area, for the
temporary storage of motor vehicles.[Added by Ord. No. 990, 12/10/2018]
- PARKING LOT, COMMERCIAL
- A tract or parcel of land which is used for the storage of
motor vehicles, which is not accessory to any other use on the same
or any other lot, and which contains parking space rented to the general
public or reserved for individuals by the hour, day, week or month.[Added by Ord. No. 990, 12/10/2018]
- PARKING LOT/GARAGE
- Any lot and/or garage, municipally or privately owned for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be as a free service or for a fee.
- PARKING LOT, PRIVATE
- A parking area for the exclusive use of the owners, tenants,
lessees, or occupants of the lot on which the parking area is located
or their customers, employees, or whomever else they permit to use
the parking area without charging a fee. The definition of this term
shall also include accessory off-street parking areas.[Added by Ord. No. 990, 12/10/2018]
- PARKING LOT, PUBLIC
- A paved parking area available to the public, with or without
payment of a fee, used for the parking of automobiles.[Added by Ord. No. 990, 12/10/2018]
- PARKING SPACE
- The space within a building or on a lot or parking lot designed for the parking of one vehicle.
- PARKING SPACE, HANDICAP
- A space in a garage or parking area not less than 13 feet
wide and 19 feet long clear dimension, reserved exclusively for an
automobile registered with the state with handicapped license plates
or displaying an official state-issued handicapped placard.[Added by Ord. No. 990, 12/10/2018]
- PARKING STRUCTURE
- A structure or portion thereof composed of one or more levels
or floors used exclusively for the parking or storage of motor vehicles.
A parking structure may be totally below grade (as in an underground
parking garage) or either partially or totally above grade, with those
levels being either opened or enclosed.[Added by Ord. No. 990, 12/10/2018]
- PARKING STRUCTURE, PRINCIPAL USE
- Parking spaces and adjacent access drives, aisles, and ramps
that are located in a structure with two or more levels, where the
parking structure is the principal use of the premises. This term
includes commercial parking operations as well as private parking
structures.[Added by Ord. No. 990, 12/10/2018]
- A judicial decision which allows a person convicted of crimes
to serve the remainder of his/her sentence outside the confines of
the prison subject to preset conditions by the court.[Added by Ord. No. 995, 5/22/2019]
- PARTIAL HOSPITALIZATION SUBSTANCE ABUSE TREATMENT FACILITY
- A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, to provide persons with a substance abuse disorder
who do not require twenty-four-hour inpatient care with a short-term
intensive outpatient program for stabilization. No overnight stay
of patients shall be permitted at such a facility.[Added by Ord. No. 994, 5/22/2019]
- Any lot, parcel or tract of land and any building constructed thereon.
- Something owned, operated and supported by private individuals or a corporation, rather than by government.
- PRIVATE ROAD
- A right-of-way, other than a public street, which provides vehicular access to two or more lots.
- A judicial decision which allows a person convicted of crimes
to remain outside the confines of a prison without a predetermined
sentence or with a temporarily suspended sentence for an established
period of time subject to preset conditions by the court.[Added by Ord. No. 995, 5/22/2019]
- Owned, operated or controlled by a government agency (federal, state, or local), including a corporation created by law for the performance of certain specialized governmental functions.
- PUBLIC NOTICE
- Except for notices of hearings of the Zoning Hearing Board, which shall be established by rules of the Board, public notice shall mean notice published once each week for two successive weeks in a newspaper of general circulation in the Town. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days or less than 14 days from the date of the hearing.
- RECREATION VEHICLE
- Any portable or mobile vehicle used or designed to be used for travel, recreation and/or temporary living purposes; regardless of any other intended use and whether or not its wheels, rollers or skids are in place. A recreation vehicle shall include camping trailer, travel trailer, truck camper, motor home, boat, boat trailer and may have temporary living and sleeping quarters.
- RELATED INDIVIDUALS
- One person or two or more persons related to another individual in any of the following ways through blood, adoption or marriage, great-grandparent, great-grandchild, grandparent, grandchild, parent-child, brother-sister, aunt or uncle, niece or nephew, great uncle or great aunt, great nephew or great niece.
- RESIDENTIAL BUILDING
- A building containing at least one dwelling unit.
- RIDING ACADEMY
- An establishment where horses are kept for riding or driving, or are stabled for compensation or incidental to the operation of any club, association, ranch or similar establishment.
- Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
- SCHOOL, NURSERY
- Any place designed and operated to provide regular instruction and daytime care for two or more children.
- Something owned, operated and supported by private individuals or a corporation, on a nonprofit basis, for the use or benefit of the general public or for some part of the general public.
- SHOPPING CENTER
- A group of stores planned and designed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit.
- Any device, display or structure other than buildings or
landscaping, readily visible from public property and used primarily
for visual communication for the purpose of, or having the result
of, bringing the subject thereof to the attention of a person, group
of persons, or the public generally. A sign includes, but is not limited
to, any and all reading matter, letters, numerals, pictorial representations,
emblems, trademarks, flags, banners, streamers, pennants, inscriptions,
and patterns, whether affixed to a building, painted or otherwise
depicted on a building, or separate from any building, and shall include
window signs. All signs are considered "structures" for purpose of
this chapter.[Amended by Ord. 981, 2/27/2017]
- A dwelling used and occupied by a chartered group of university or college students and containing and providing domestic and social facilities and services thereto.
- SPECIAL EXCEPTION
- Any uses considered to have special requirements in certain zones or districts where the conditions described for permitting each such use have been enumerated in this chapter and where permission for such use can only be given by the Zoning Hearing Board.
- A large open or enclosed place used for major events and partly or completely surrounded by tiers of seats for spectators with special lighting and secondary concession uses.
- That portion of a building included between the surface of any floor and the surface of the floor next above it, if there be no floor above it, then the space between any floor and the ceiling immediately above it.
- A thoroughfare which affords vehicle access to abutting properties and including the full right-of-way, not just the cartway.
- STREET GRADE
- The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midway of the frontage of the lot thereon. If there be no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
- STREET LINE
- The dividing line between the street right-of-way and the lot.
- Anything constructed or erected, the use of which requires a permanent location on the land or that is attached to something having a permanent location on the land. However, for the purposes of the airport zoning provisions of this chapter structures shall be interpreted to include mobile as well as immobile objects, including buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
- STRUCTURE, PRINCIPAL
- A structure located on a lot which houses the primary use of the property. All other structures, such as garages, sheds, accessory apartments, and the like, shall be accessory to the principal structure.
- A person who is registered to be enrolled or who is enrolled and matriculating at Bloomsburg University as an undergraduate student or who is on a semester or summer break from studies at a college or university.
- STUDENT HOUSING
- A building which contains a dwelling unit occupied by two or more students who are not related to each other by adoption or marriage or are not the great-grandparent, great-grandchild, grandparent, grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew, great uncle, great aunt, great nephew, or great niece of each other.
- See "developer."
- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings, shall be exempted. (See also Subdivision and Land Development, Chapter 22.)
- SUBSTANCE ABUSE DETOXIFICATION TREATMENT FACILITY
- A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, which includes the overnight stay of patients,
for the provision of medically supervised detoxification and treatment
of persons who have been medically diagnosed as having a dependency
on a controlled substance, including, but not limited to, drugs and
alcohol.[Added by Ord. No. 994, 5/22/2019]
- SUBSTANCE ABUSE TREATMENT
- Shall refer to a process approved and regulated by the Pennsylvania
Department of Drug and Alcohol Programs provided at a substance abuse
treatment facility with the intended purpose of the cessation of a
person's use of addictive substances, such as drugs or alcohol.[Added by Ord. No. 994, 5/22/2019]
- SUBSTANCE ABUSE TREATMENT FACILITY
- A facility, licensed by the Pennsylvania Department of Drug
and Alcohol Programs, which specializes in the evaluation and treatment
of drug addiction and alcoholism. The services available at such a
facility can be residential treatment, partial hospitalization treatment
or outpatient treatment. For the purpose of this chapter, a substance
abuse treatment facility shall include the following terms as so defined
within this section:[Added by Ord. No. 994, 5/22/2019]
- A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.
- THEATER, OUTDOOR DRIVE-IN
- An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a commercial basis to patrons seated in automobiles or on outdoor seats.
- TOURIST HOME
- A dwelling unit in which overnight accommodations are used by transient guests for compensation.
- TRAILER PARK
- See "camp."
- UNIVERSITY BOOKSTORE FACILITIES
- A multi-use facility, owned and/or operated by the university, intended to serve the students, faculty and employees of the university. At least 70% of the display areas of the facility shall be allocated to the display of books, office supplies, stationery and other items customarily sold in a conventional bookstore. The remaining 30% of the square footage of the display area may be allocated to the display of such other general merchandise items.
- UNIVERSITY DORMITORY
- University housing designed as residence halls containing individual bedrooms, generally housing two students and having common area bathrooms and lounges.
- UNIVERSITY FOOD SERVICE FACILITIES
- A facility owned and/or operated by the university intended to serve the food service needs of the students, faculty and employees of the university only. University food service facilities shall not include exterior advertisement (signs and/or symbol) of the individual vendors, freestanding, fast-food restaurants and restaurant franchises or drive-through facilities.
- UNIVERSITY GARDEN STYLE APARTMENTS
- University housing designed as a multi-residential unit, housing four persons in two or four bedroom units, which include bathroom, living room and kitchen areas.
- UNIVERSITY HEALTH AND COUNSELING FACILITIES
- A facility owned and/or operated by the university intended to serve the health and counseling needs of the students, faculty and employees of the university.
- UNIVERSITY RESEARCH FACILITIES
- A facility located on the university campus designed to enhance the academic program of the university with low intensity, applied research activity.
- The specific purpose, for which land or a structure or building is designed, arranged, intended or for which it is or may be occupied or maintained. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.
- The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by the provisions of this chapter for an adjustment to the application to a specific piece of property of some regulation which, if strictly adhered to, would result in an unnecessary hardship and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of this chapter.
- A space open to the sky and unoccupied by any building, structure or parking area, and located on the same lot with a building or structure.
- YARD, FRONT
- A yard on the same lot with a main building, extending the full width of the lot and situated between the street line and the required building setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the building line and the front lot line.
- YARD REAR
- A yard on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the required setback line projected to the sidelines of the lot. The depth of the rear yard shall be measured between the building line and the rear lot line.
- YARD SIDE
- A yard on the same lot with the building situated between the building and the sideline of the lot and extending from the front yard to the rear yard.
- The designation of specified districts or zones within the Town, reserving them for certain classes of uses together with limitations on lot area and size, heights of structures and other stipulated requirements.
- ZONING CERTIFICATE OR PERMIT
- The written authorization issued by the Zoning Officer for the use of land or buildings or other structures.
- ZONING HEARING BOARD or BOARD
- The Zoning Hearing Board of the Town of Bloomsburg, Columbia County, Pennsylvania.
- ZONING MAP
- The officially adopted Zoning Map of the Town of Bloomsburg, Columbia County, Pennsylvania, containing zoning districts, together with all amendments subsequently adopted.
- ZONING OFFICER
- The Zoning Officer or his authorized representative appointed by the Town Council to enforce this chapter.
- ZONING ORDINANCE
- The Town of Bloomsburg Zoning Ordinance, as amended.