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:
ABUT or ABUTTING
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street, public alley open
to traffic, or a perennial waterway. See definition of "adjacent."
ACCESSORY APARTMENT
One dwelling unit that is created within part of a principal
dwelling or above a vehicle garage on a residential lot.
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.
A solar energy collection panel that is detached from a building shall
also be considered an accessory structure.
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
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, films, magazines, videotapes,
coin- or token-operated films or videotapes, paraphernalia, novelties
or other periodicals which are distinguished or characterized by a
clear emphasis on matter depicting, displaying, describing or relating
to uncovered male or female genitals or specified sexual activities.
This shall include but not be limited to materials that would be illegal
to sell to persons under age 18 under state law. If such items are
within a separate room, then the 10% standard shall apply to the floor
area of such room.
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 to three or more
persons, based upon the total number of patrons in the entire use
and not just any one room, and which is related to monetary compensation
paid to the person or entity operating the use or to persons involved
in such activity.
ADULT MOVIE THEATER
A use involving the on-site presentation to three or more
persons at one time of moving images, distinguished by an emphasis
on depiction of specified sexual activities, and that is related to
monetary compensation paid by the persons viewing such matter.
ADULT USE
Adult bookstore, adult movie theater, adult live entertainment
facility/use or massage parlor. These terms shall be distinct types
of uses and shall not be allowed as part of any other 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.
AIRPORT
An area and related support facilities used for the landing
and takeoff of motorized aircraft that carry people. A "public airport"
shall be an airport that does not meet the definition of a "private
airport." A private airport shall be limited to a maximum of 15 total
landings and takeoffs in any seven-day period and shall not be available
for use by the general public.
ALLEY
A thoroughfare primarily serving vehicle traffic to three
or more lots and which has a cartway of less than 16 feet and which
typically provides secondary access to the lots.
AMUSEMENT ARCADE
A use involving 15 or more token- or coin-operated entertainment
machines and where the machines are the principal use of the property.
This term shall not include an adult use.
ANIMAL CEMETERY
A place used for the burial of the remains of five or more
noncremated animals, other than customary burial of farm animals as
accessory to a livestock use.
ANTENNA
An exterior device or apparatus designed for cellular, digital,
telephone, radio, pager, commercial mobile radio, wireless internet,
television, microwave or any other wireless communications through
sending and/or receiving of electromagnetic waves, including, without
limitation, omnidirectional or whip antennas and directional or panel
antennas. Unless otherwise stated, this term shall not include a standard
antenna.
ANTENNA HEIGHT
The vertical distance from the base of the antenna support
structure at grade to the highest point of the structure, including
any antennas attached thereto or forming a part thereof. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
ANTENNA, STANDARD
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on site
or for transmitting shortwave or citizens band radio signals. See
"commercial communications antenna."
APPLICANT
A landowner or developer, as defined in the state Municipalities
Planning Code, who has filed an application for development, including
his heirs, successors and assigns.
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, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two 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 §
285-35.
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. This use shall not include activities meeting the definition of a "truck stop." See requirements in §
285-35.
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. See storage limits and other requirements in §
285-35.
BASEMENT
An enclosed level of a building that is not a story and that
is partly underground.
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, that meets the maximum number of overnight guests specified in §
285-35 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 §
285-35.
BETTING USE
A place used for lawful gambling activities, including but
not limited to off-track pari-mutual betting and any use of electronic
gambling devices. This term shall not regulate state lottery sales
or lawful small games of chance.
BOARDINGHOUSE (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 boardinghouse 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 boardinghouse. A boardinghouse 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 boardinghouse shall primarily serve persons residing
on site for five or more consecutive days.
BOROUGH
Riverside Borough, Northumberland 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 §
285-63.
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 the 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 total horizontal
area covered by all buildings on a lot by the total lot area of a
lot. For the purposes of this definition, "building coverage" shall
include all buildings that are under a roof.
BUILDING HEIGHT
The vertical distance from the average of the finished ground
level along the front of the building to the maximum height of the
highest roof surface. The finished ground level shall not slope away
from a building wall in such a manner that it is not possible to position
a ladder for fire rescue.
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
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.
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.
CAMP
An area that includes facilities and structures for primarily
outdoor recreational activities by organized groups and/or that involves
overnight stays within seasonal cabins or temporary tents by organized
groups and/or transient visitors to the area. This term shall only
include facilities that are primarily used during warmer months and
which have a maximum impervious coverage of 5%. This term shall not
include a recreational vehicle campground.
CAMPGROUND
A development under single ownership of the land with sites
being rented, leased or sold through time-share for use for tents
or recreational vehicle sites for transient visitors to the area and
which may include associated recreational facilities.
CEMETERY
A place used for the burial of two or more noncremated humans.
CERTIFICATE OF USE
A form, signed by an authorized Borough official, that certifies
that the use of the property is in compliance with this chapter, to
the best knowledge of such Borough official.
CHAPTER, THIS
The Riverside Borough Zoning Ordinance, including the Official
Zoning Map, as amended.
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 during November and December of trees that were produced on the
premises.
CHURCH
See "place of worship."
CLEAR-CUTTING
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to retransmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in §
285-35. This term shall not include a standard antenna.
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.
CONDITIONAL USE
A use listed as a conditional use under §
285-30, which is only allowed after review by the Borough Planning Commission and approval by the Borough Council under §
285-21.
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 the 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.
CONTIGUOUS LOTS
Adjacent parcels of land, including parcels separated by
a stream or road.
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 8,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
CROP FARMING
The raising of products of the soil and accessory storage
of these products. This term shall include orchards, tree farms, wineries,
plant nurseries, raising of fish, greenhouses and keeping of animals
in numbers that are routinely accessory and incidental to a principal
crop farming use. See "agriculture, intensive."
CURATIVE AMENDMENT
A process provided in the Pennsylvania Municipalities Planning
Code that authorizes certain types of challenges to a zoning
ordinance.
DAY-CARE CENTER, ADULT
A use providing supervised care and assistance to persons
who need such daily assistance because of their old age or disabilities.
This use shall not include persons who need oversight because of behavior
that is criminal, violent or related to substance abuse. 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.
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 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:
(1)
Care of children by their own relatives;
(2)
Care of children within a place of worship during regularly
scheduled religious services; and
(3)
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 occur within a dwelling unit, does not meet the definition of a "group day-care home," and is registered with the applicable state agency. See §
285-35.
* NOTE: As of the adoption date of this chapter,
such agency was the Pennsylvania Department of Public Welfare.
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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.
DEVELOPED INDUSTRIAL LOT
A lot located in the I Industrial District improved with
structures and used for a use permitted by right, special exception,
conditional use or otherwise permitted under this chapter as of May
7, 2012.
[Added 5-7-2012 by Ord.
No. 5-7-12]
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 building used as living quarters for the exclusive use
of bona fide full-time faculty or students of an accredited college
or university or primary or secondary school, and which is owned by
and on the same lot as such college, university or school.
DRIVE-THROUGH SERVICE
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
DWELLING
A building used as nontransient living quarters, but not
including a boardinghouse, 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 and where permitted by Article
IV and meeting the floor area requirements of §
285-61.
B.
DUPLEXA building that includes two apartment dwellings and which is not a semidetached dwelling.
C.
APARTMENTS or MULTIFAMILY DWELLINGSTwo or more dwelling units within a building that do not meet the definition of a "single-family detached dwelling," "semidetached dwelling" or "townhouse/rowhouse." The individual dwelling units may be leased or sold for condominium ownership. If a building only includes two apartments, it shall be considered to be a duplex.
D.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of any dwelling type and which was manufactured off site and then assembled and completed on the site and that was constructed under the State Construction Codes and not the federal requirements for manufactured housing.
F.
MOBILE/MANUFACTURED HOMEFor a dwelling constructed after 1977, this term shall mean a dwelling that was constructed under the federal construction requirements for manufactured housing under regulations of the United States Department of Housing and Urban Development. For a dwelling constructed before 1977, this term shall mean a transportable single-family detached dwelling intended for permanent occupancy that is contained in one unit or 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 can be used without a permanent perimeter foundation. This term is different from a sectional home, which is defined above. See standards for mobile/manufactured homes in §
285-35.
G.
SEMIDETACHED OR TWIN DWELLING UNITA one-family dwelling unit accommodating one family that is attached to a second one-family dwelling unit by a common vertical wall, with each dwelling unit on a separate lot or held in condominium ownership.
H.
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 §
285-35.
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 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, unless approved as unit for care of relative.
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on call. See provisions for this use in §
285-35.
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 or ESSENTIAL PUBLIC UTILITY 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.
Essential services shall include the following and closely similar
facilities: sanitary sewage lines, waterlines, electric distribution
lines, stormwater management facilities, cable television lines, natural
gas distribution lines, fire hydrants, streetlights and traffic signals.
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 four or fewer unrelated individuals who maintain a common household and live within one dwelling unit. A "family" shall also expressly include numbers of unrelated persons, provided by the group home provisions of §
285-35, residing within a licensed group home, as defined herein. Through those provisions and §
285-16D(5), the Borough's intent is to comply with the Federal Fair Housing Act, as amended.
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, masonry block or similar materials shall be considered a wall. See §
285-36.
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
FLOOR AREA, TOTAL
The total 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 6.5 feet. Floor area shall not include unenclosed structures.
FORESTRY
The management of forests and timberlands, when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, and 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 §
285-36.
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 §
285-43.
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 Riverside Borough or an authority created solely by Riverside Borough. This term shall not include uses listed separately in the table of uses in Article
IV, such as publicly owned recreation. This term shall not include a prison.
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 persons served
due to age or emotional, mental, developmental or physical disability.
This definition shall expressly include facilities for the supervised
care of persons with disabilities, subject to protection under the
Federal Fair Housing Act, as amended. 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
home typically involves an individual residing on the premises for
more than 30 days at a time.
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 Amendments Act 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, or 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 materials
which are included on the latest edition of the following list:
A.
"Hazardous substances" as defined pursuant to Section 311 of
the Federal Clean Water Act, or its successor provisions.
HAZARDOUS SUBSTANCES, EXTREMELY
Hazardous substances included on the list of extremely hazardous
substances in 40 CFR 355, or its successor provisions, and that are
stored or used in quantities above the threshold reportable limits
in such regulations.
HEIGHT
See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article
VIII, Signs, of this chapter.
HELIPORT
An area used for the takeoff and landing of helicopters,
and related support facilities. A private heliport shall be limited
to 15 total takeoffs and landings in any seven-day period and is not
open to the general public. A public heliport is one that does not
meet the definition of a "private heliport."
HOME OCCUPATION
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the requirements for a home occupation provided in §
285-36.
B.
MINOR HOME OCCUPATIONA home occupation that meets the additional standards for a minor home occupation as provided in §
285-36. Among other provisions, §
285-36 requires that a minor home occupation not routinely involve visits to the home occupation by customers or more than one nonresident employee at a time. A minor home occupation also includes, but is not limited to, a use that meets all of the requirements for a no-impact home-based business as provided in the State Municipalities Planning Code.
NOTE: In most cases, a minor home occupation is permitted by right under § 285-30, while in most cases a major home occupation requires Zoning Hearing Board approval as a special exception.
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C.
NO-IMPACT HOME-BASED BUSINESSA type of minor home occupation that meets the following definition as provided in the State Municipalities Planning Code: 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:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
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.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
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 90 days shall be considered a boardinghouse and shall meet the
requirements of that use. See "bed-and-breakfast" use. A hotel or
motel may also include a restaurant, meeting rooms, nightclub, newsstand,
amusement arcade, gift shop, swim club, exercise facilities, tavern
and similar customary accessory amenities, and provided any such use
shall only be allowed as a principal use of the property if such use
is allowed by the applicable district regulations.
HUNTING AND FISHING CLUB
Land owned by an organized group of persons formed as a club
that is used for hunting, fishing, and similar types of passive recreation
and which involves no buildings except those for the recreational,
lodging, eating and sanitary facilities for members and invited guests
and routinely accessory storage buildings.
IMPERVIOUS COVERAGE
The percentage that results from dividing the land area on
a lot covered by all impervious surfaces by the total land area of
the lot.
A.
For a townhouse development, the maximum impervious coverage
may be measured as a maximum for the entire development after completion,
after the deletion of street rights-of-way (or cartway where a street
right-of-way does not exist), as opposed to regulating each individual
townhouse lot.
IMPERVIOUS SURFACES
Areas covered by buildings, paving or concrete or other man-made
surfaces that have a runoff coefficient of 0.85 or greater. Areas
of stone regularly used for vehicle parking and movement shall be
considered impervious for the purposes of restricting impervious coverage
under this chapter.
JUNK
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles stored outside of a completely enclosed building
and which cover over 200 square feet of land area. Examples of junk
include scrap metal, used furniture, used appliances, used motor vehicle
parts, worn-out machinery and equipment, used containers, and scrap
building materials. Junk shall not include solid waste temporarily
stored in an appropriate container that is routinely awaiting imminent
collection and proper disposal, toxic substances, yard waste or tree
trunks, items clearly awaiting imminent recycling at an appropriate
location, building materials awaiting imminent use at an ongoing building,
or clean fill as defined by state environmental regulations.
JUNK VEHICLE
See Chapter
268, Vehicles, Abandoned and Junk, of the Code of the Borough of Riverside and any regulations that may exist in any Borough property maintenance code.
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:
(1)
Junk (See definition.) covering more than 1% of the lot area.
(2)
Two 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 stored as part of an auto repair garage or auto service station within the requirements of §
285-35.
(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.
KENNEL
The keeping of a greater number of dogs and/or cats than are permitted under §
285-36D(10), Keeping of pets, of this chapter, and which may also include temporary keeping of other household pets. In addition, in any case, if seven or more dogs age six months or older are kept, it shall be considered a kennel.
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) or authorized officers of a partnership
or corporation that is a landowner.
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent
cover or shade.
LIVESTOCK OR POULTRY, RAISING OF
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under §
285-36D(10), Keeping of pets, and beyond what is customarily incidental to a principal crop farming use. Raising of livestock or poultry shall not include a slaughterhouse, nor a stockyard used for the housing of animals awaiting slaughter.
A.
LIVESTOCK OR POULTRY, INTENSIVE RAISING OFA type of raising of livestock or poultry use that involves an average of more than two animal equivalent units (2,000 pounds) per acre on a lot or contiguous lots. Animal equivalent units shall be calculated as provided in the State Nutrient Management regulations on an annualized basis.
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. The term "lot" shall mean a lot of record
according to official County records. If lands are separated by a
street, then each side of the street shall be considered a separate
lot. 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 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, such as townhouse development, 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 or preserved open space on a separate lot. (NOTE: Other
sections of this chapter, such as open space development, may specifically
permit proposed common open spaces to be included in determining density
for a specific use.)
C.
Features required to be excluded from lot area under Article
IV of this chapter.
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.
LOT, FLAG
A lot that does not meet the required minimum lot width at
the minimum front yard building setback line and which typically includes
a narrow stretch of land connecting the bulk of the lot area to a
street.
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. Every lot shall have a rear yard.
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. Where a pie-shaped
lot fronts upon a cul-de-sac, the minimum lot width may be reduced
to 75% of the width that would otherwise be required.
MASSAGE PARLOR
A type of adult use that is an establishment that meets all
of the following criteria:
A.
Massages are conducted involving one person using their hands
and/or a mechanical device on another person below the waist, in return
for monetary compensation, and which does not involve persons who
are related to each other.
B.
The use does not involve a person licensed or certified by the
state as a health care professional or a massage therapist certified
by a recognized professional organization that requires a minimum
of 80 hours of professional training. Massage therapy by a certified
professional shall be considered personal service.
C.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor or as
an incidental accessory use to a permitted exercise club or high school
or college athletic program.
D.
The massages are conducted within private or semiprivate rooms.
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, a boardinghouse, a tavern, a restaurant or retail sales
unless that particular use is permitted in that district and the requirements
of that use are met.
B.
See §
285-35. See also "after-hours club" and "hunting and fishing clubs," which are distinct uses.
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 lot under single ownership which includes two 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 §
285-35.
MOTOR VEHICLE
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate and carry persons or cargo on roads and that is powered by
mechanized means.
MPC
The Pennsylvania Municipalities Planning Code, as amended.
NIGHTCLUB
An establishment that offers amplified music after 12:00
midnight, sells alcoholic beverages primarily for on-site consumption,
includes hours open to patrons after 12:00 midnight, has a building
capacity of over 150 persons, and has less than 20% of its total sales
in food and nonalcoholic beverages.
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 §
285-65.
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 §
285-65.
NURSING HOME
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See §
285-35.
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.
OPEN SPACE DEVELOPMENT
An optional type of residential development that involves the permanent preservation of preserved open space and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development. See §
285-33.
OPEN SPACE, PRESERVED OR 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 preserved by a deed restriction
or conservation easement to permanently prevent uses of land other
than preserved open space and noncommercial recreation; and
D.
Does not use any of the following areas to meet minimum preserved
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)
Land intended to be open to the public that does not have provisions
for entry with a fifteen-foot minimum width by pedestrians from a
street open to the public or from adjacent preserved open space 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
or serve as a scenic asset resembling a natural pond;
(8)
Portions of land that have a width of less than 50 feet, except
for segments of a regional trail system;
(9)
Areas that are under water during normal weather conditions;
(10)
Areas that are under electric transmission lines that are designed
for a capacity of 35 kilovolts or greater.
E.
Each square foot of preserved open space that is of 25% or greater
slopes and each square foot within the one-hundred-year floodplain
shall only count as 1/2 square foot for the purposes of determining
the amount of preserved open space.
OUTDOOR FURNACE
A boiler, furnace or similar device that meets all of the
following:
B.
Is located outside of a principal building; and
C.
Is designed to burn wood, corn, coal or other manufacturer-approved
fuel products for the purposes of heating a building or providing
hot water for heat or domestic use in a building.
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.
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 barbershops and beauty shops, photography studios, travel
agencies, 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 §
285-36.
PICNIC GROVE, COMMERCIAL
An area of open space and pavilions that is not publicly
owned and is used for group picnics and related outdoor recreation
and which is used on a commercial basis.
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship for more than 10 persons at a time 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 §
285-35.
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.
PRISON
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest.
PUBLICLY OWNED RECREATION
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public. Publicly owned recreation
is a distinct use from indoor recreation or outdoor recreation.
PUBLIC NOTICE
Notice required by the Pennsylvania Municipalities Planning
Code. (See definition in Section 107 of such law.)
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.
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 §
285-30.
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 §
285-30, 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, or parent-in-law. 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.
RESIDENTIAL ACCESSORY STRUCTURE (INCLUDES 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 DISTRICT(S)
The A-R, R-S, R-S1, R-M and MHP Zoning Districts. The A-R
District is also considered an agricultural district.
RESIDENTIAL LOT LINES
The lot line of a lot that contains an existing primarily
residential use on a lot of less than two acres 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,
but shall not include a nightclub or an after-hours club.
C.
See definition of "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,
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
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.
SCREENING
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in §
285-63D.
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 line separating a yard from the area within which a building
or use is allowed.
SEWAGE SERVICE, ON-LOT
Sanitary sewage service to a building that does not meet
the definition of "public sewage service," such as but not limited
to an individual on-lot septic system.
SEWAGE SERVICE, PUBLIC
Central sanitary sewage service involving collection from
multiple lots for conveyance to treatment by a system owned and/or
operated by a municipality or a municipal authority.
SHOPPING CENTER
A lot that includes five or more retail sales and/or personal
service establishments and which may also include offices and restaurants.
SIGHT TRIANGLE
An area required to be kept free of certain visual obstructions to traffic. See §
285-63.
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 Article
VIII. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising.
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.
SITE ALTERATIONS
This term shall include one or more of the following activities:
A.
Filling of lakes, ponds, marshes or floodplains or alteration
of watercourses.
B.
Clearing and regrading of more than 1/2 acre, other than selective
thinning of existing vegetation or trees.
SOLAR PANELS
Mechanisms used to capture the energy of the sun for use
on Earth.
SOLID WASTE LANDFILL
An area where municipal solid waste and similar materials
are deposited on land, compacted, covered with soil and then compacted
again and which has a permit from DEP to operate as a sanitary landfill.
SOLID-WASTE-TO-ENERGY FACILITY
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for off-site use.
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 §
285-20.
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
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as follows: If the
floor of a basement level is more than six feet below the finished
grade level for more than 50% of the total building perimeter, it
shall not be regulated as a story. Any level of a building having
an average vertical clearance from floor to ceiling of less than 6.5
feet shall be considered a half story.
STREET
A public or private thoroughfare which provides the principal
means of vehicle access to two 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.
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.
For the purposes of this chapter, utility poles, stormwater basins,
wells, paving, and septic systems shall not be considered structures
and shall not be subject to minimum zoning setback requirements unless
stated otherwise.
SUBDIVISION
The definition in the State Municipalities Planning Code
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 §
285-36.
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."
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.
TIRE STORAGE, BULK
The storage of more than 20 used tires on a lot, except that a tire retail store may include the temporary storage of up to 100 used tires awaiting disposal on a lot without being regulated by this term. See the outdoor storage provisions in §
285-36.
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 involving any one or a combination of the following:
(1)
A use (other than a prison or a hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
(a)
Criminal rehabilitation, such as a criminal halfway house;
(b)
Current addiction to a controlled substance that was used in
an illegal manner or alcohol; and/or
(c)
A type of mental illness or other behavior that causes a person
to be a threat to the physical safety of others.
(2)
A methadone treatment facility, which shall be defined as a
facility licensed by the Pennsylvania Department of Health to use
the drug methadone in the treatment, maintenance or detoxification
of persons.
(3)
A lot upon which resides two or more persons who are required
to register their place of residence with the Pennsylvania State Police
as a requirement of the Pennsylvania Megan's Law II or its successor
law, as amended.
B.
See the standards in §
285-35. Also, a group home that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a treatment center, unless approved otherwise under §
285-16D.
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 §
285-36.
UNLICENSED VEHICLE
See Chapter
268, Vehicles, Abandoned and Junk, of the Code of the Borough of Riverside and any regulations that may exist in any Borough property maintenance code.
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 §
285-16.
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.
WATERCOURSE
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
WATER SERVICE, ON-LOT
Water supply service to a building that does not meet the
definition of "central water service," such as but not limited to
an individual on-lot well.
WATER SERVICE, PUBLIC
Central water service by a system owned and/or operated by
a municipality or a municipal authority.
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 open area unobstructed from the ground to the sky that
is not permitted to be covered by buildings and principal structures
and that is on the same lot as the subject structure or use. A minimum
yard is also known as a "minimum setback." Each required yard shall
be measured inward from the abutting lot line or existing street right-of-way
(as exists after completion of any subdivision or land development).
Regulations of each district prohibit principal and accessory structures
within the specified minimum yards.
B.
PRIVATE STREETSFor a building setback measured from a private street, the setback shall be measured from the existing street right-of-way/easement or 15 feet from the center of the cartway, whichever is more restrictive.
YARD, FRONT or FRONT SETBACK
A yard measured from and running parallel to the front lot
line or street right-of-way line (as exists after the completion of
any subdivision or land development). Such yard shall extend 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. If a lot abuts two
streets, the front yard shall be whichever side is the predominant
front yard for neighboring properties. If no side is predominant,
then the applicant may choose which is the front yard.
B.
See §
285-63 concerning yards along corner lots.
C.
No accessory or principal structure shall extend into the required
front yard, except as provided in this chapter.
D.
Every lot shall include at least one front lot line.
YARD, REAR or REAR SETBACK
A.
A yard extending the full width of the lot and which is 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 and a rear yard.
YARD SALE
Shall have the same meaning as "garage sales," which is defined
in this section.
YARD, SIDE or 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 setback 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.
A triangular lot shall include one side yard. All other lots
shall include at least two side yards, except for a corner lot.
ZONING MAP
The Official Zoning Map of Riverside Borough, Pennsylvania.
ZONING OFFICER
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.