Borough of Mifflinburg, PA Part 2 DEFINITIONS

§ 29-201 Applicable Definitions.

[Ord. 84-14, 12/18/1984; as amended by Ord. 86-1, 7/15/1986; by Ord. 86-5, 9/16/1986; by Ord. 88-7, 7/21/1988; by Ord. 88-11, 11/22/1988; by Ord. 89-11, 10/17/1989; by Ord. 90-1, 2/20/1990; by Ord. 2007-4, 90/18/2007; and by Ord. 2008-1, 4/15/2008]

1. Except where specified in the following definitions, all words used in this Chapter shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural, the singular; the word "building" shall include the word "structure;" and the word "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used;" and the word "shall" is intended to be mandatory. The word "abut" shall include the words "directly across from."

2. As used in the Chapter, the following terms shall have the meanings indicated:

ABANDONMENT

To stop the use of property intentionally. When the use of property has ceased and the property has been vacant for 12 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or use the property for a legally permissible use.

ACCESSORY APARTMENT

A dwelling unit accessory and subordinate in size to a single-family dwelling or commercial structure. The apartment shall be contained within the principal building and shall have a minimum of one separate entrance/exit.

ACCESSORY STRUCTURE

A structure secondary to and located on the same lot as but not connected to the principal building and serving a purpose customarily incidental to the use of the principal building.

ADULT USE

Any establishment having, as a substantial or significant portion of its stock-in-trade or service provided, any goods or services which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials or services. Such uses shall include adult bookstores, adult motion-picture theaters, adult entertainment cabarets, massage parlors, or other adult uses.

A. ADULT BOOKSTORE An establishment having, as 10% or more of its stock-in-trade, books, magazines, films or videos for sale or viewing on the premises by use of any motion-picture, videocassette or other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials or services.

B. ADULT MOTION-PICTURE THEATER An enclosed building used more than 10% of the time it is open for business for presenting motion-picture, video or similar media distinguished or characterized by its emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

C. ADULT ENTERTAINMENT CABARET Any public or private establishment, whether or not food or beverages are allowed, which features topless dancers, strippers, male or female impersonators or similar entertainers.

D. ADULT MASSAGE PARLOR Any place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of parts of the body, relating to specified sexual activities or specified anatomical areas, with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items.

E. OTHER ADULT USES Any business activity or use similar to or of the general nature of adult bookstores, adult motion-picture theaters, adult entertainment cabarets, or adult massage parlors, which provide goods or services distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas, such as escort bureaus, nude wrestling studios, phone sex services and studios, all of which exclude minors by virtue of age as patrons thereof.

AGRICULTURE

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged in by farmers or are consistent with technological development within the agricultural industry and/or the science, art or practice of cultivating the soil, producing crops or the keeping and/or raising of livestock and any related preparation and/or marketing of the resulting products.

[Amended by Ord. No. 2019-01, 5/21/2019]

A. AGRICULTURAL BUSINESS Any business related to the processing and sale of agricultural products or the production and sale of agricultural equipment and supplies.

ALLEY

A public thoroughfare that affords only a secondary means of access to abutting property.

ANIMATED/FLASHING/REVOLVING SIGN

A sign with action or motion, or whose illumination is not kept at constant intensity at all times when in use, and which exhibits changes in light, color, direction or animation.

AWNING

Any structure made of a folding frame covered with flexible material that is attached to the building and projects from it when in use and can be retracted to a position flat against the building when not in use.

AWNING/CANOPY SIGN

A sign painted on or attached to the cover of a movable frame, of the hinged, roll, or folding type of awning or canopy.

BANNER

A flexible substrate on which copy or graphics may be displayed.

BANNER SIGN

A sign utilizing a banner as its display surface.

BASEMENT

A story having more than 1/2 of its clear height below the average level of the adjoining ground. A basement shall not be considered in determining the permissible number of stories of a required area. For the purposes of Part 7, the term "basement" shall be defined as any area of the building having its floor below ground level on all sides.

BED-AND-BREAKFAST/INN

Overnight accommodations and a morning meal in a dwelling unit, provided to transients for compensation.

BERM

A raised earthen mound with landscape plantings of sufficient height to constitute an effective screen, providing maximum protection and immediate visual screening.

BILLBOARD

See "off-premises sign."

BOARD

The Zoning Hearing Board for Mifflinburg Borough, Union County, Pennsylvania.

BOARDING HOUSE

A single-family dwelling where more than two but fewer than six rooms are provided for lodging for definite periods of time. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outdoor guests. See "rooming/lodging house."

BUFFER AREA

A portion of a site, together with any structures or landscape screen, used and intended to provide a visual barrier between different land uses or to shield, block or provide other protection from noise, light or nuisance between adjacent parcels of land. For the purposes of this Chapter, the buffer area is the applicable building setback distance requirement.

BUILDING

Any structure having a roof supported by columns or walls, used for shelter, housing or enclosure of persons, animals, or property.

A. BUILDING, PRINCIPAL A building housing the main or principal use of the lot on which the building is located.

BUILDING COVERAGE

The portion of a lot, expressed as a percentage, that may be covered by the total ground floor area of all principal and accessory buildings on a lot, including covered porches, carports, and breezeways.

BUILDING HEIGHT

The vertical distance measured from the average level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, and similar projections.

BUSINESS OFFICE/PROFESSIONAL OFFICE

An office used by practitioners of:

A. A licensed profession; or

B. A business that solely comprises activities that:

(1) Involve the use of typewriters, word processors, computers, telecommunication devices or other similar high-technology office equipment and techniques; and

(2) Do not involve the manufacture, assembly, storage, exchange or delivery of products or merchandise on or to the premises, except for office and professional equipment supplied to be used in the normal course of business at the office; and

(3) Do not involve the offering for sale, room for show, sampling or exchange of products or services to the public in retail, commercial or over-the-counter sales at the office itself, except for:

(a) Licensed professional services;

(b) Counseling services to families or individuals where such services include psychological, sociological, financial or similar advice; or

(c) Business services to corporations, partnerships or proprietorships where such services do not otherwise violate the provisions of this Chapter. Such services shall include but not be limited to services customarily performed by a company's front office or corporate headquarters, activities such as administration, finance information, management, marketing, sales, personnel and other similar functions.

CAMPGROUND

A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.

CANOPY

A frame with standards and covered with flexible or inflexible material, attached to a building and that functions as a shelter extending from a doorway over a walkway.

CHANGEABLE-COPY/MARQUEE SIGN

A sign with the capability of content change by means of manual or remote input, including signs that are:

A. MANUALLY ACTIVATED A changeable sign whose messenger copy or content can be changed manually.

B. ELECTRICALLY ACTIVATED A changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or it may be from an external light source designed to reflect off the changeable component display.

CHILD CARE

A. CHILD-CARE CENTER A child-care facility in which seven or more children who are not related to the operator receive child care. A child-care center must have a certificate of compliance (license) from the Department of Public Welfare in order to legally operate.

B. FAMILY CHILD-CARE HOME A child-care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child-care home must have a certificate of registration from the Department of Public Welfare in order to legally operate.

C. GROUP CHILD-CARE HOME A child-care facility in which seven through 12 children of various ages or in which seven through 15 children from fourth grade through 15 years of age who are not related to the operator receive child care. A group child-care home must have a certificate of compliance (license) from the Department of Public Welfare in order to legally operate.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections or street and driveway intersections, defined by lines of sight between points at a given distance from the intersection of the street and/or driveway lines.

CLUSTER SUBDIVISION

A large-scale residential development of three acres or more, in which individual dwelling units or buildings are grouped together. Modification or reduction of the minimum yard and lot size requirements is permitted in exchange for an equivalent amount of land in open space to be preserved for scenic, recreation, or conservation purposes. The overall dwelling unit density of the underlying district cannot be exceeded in this type of development. See § 29-519.

COMMERCIAL CENTER SIGN/COMMON SIGN

See "directory sign."

COMMERCIAL COMMUNICATION TRANSMITTING AND RECEIVING FACILITIES ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, or 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 COMMUNICATION TRANSMITTING AND RECEIVING FACILITIES BUILDING

An unmanned building cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

COMMERCIAL MODEL HOME

A structure erected that is intended to serve as a representation of a planned or existing home of the same kind or likeness and that is to remain as a long-term display, contain offices or be used for current or future commercial ventures.

COMMISSION

The Planning Commission of Mifflinburg Borough, Union County, Pennsylvania.

COMMUNITY LIVING ARRANGEMENT

An institution with three or fewer residents.

COMMUNITY SPECIAL EVENT SIGN

A type of temporary sign that is intended to advertise a nonprofit community or civic event.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONDITIONAL USE

A use identified in a particular zoning district which may be allowed or denied by the Borough Council pursuant to criteria set forth in this Chapter and after a review by the Borough Planning Commission.

CONDOMINUM

A building or group of buildings in which dwelling units, offices, or floor area is owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.

CONSTRUCTION/DEVELOPMENT SIGN

A type of temporary sign that is intended to advertise the name of a project or development and/or the contractor, architect, engineer, financier, etc.

CONVERSION

A change in the use of land or a structure.

CORRECTIONAL FACILITY

See "institution."

CRAFT TRADE

An occupation or trade requiring manual dexterity and/or major artistic skill, e.g., a shop for jewelry repair, a silversmith and other similar skilled manual artisans.

CULTIVATION OF CROPS

The use of land for the raising of crops.

DECORATIVE FLAG

A sign made of flexible material, mounted on poles, wires, or on the facade of a building, which is not the official symbol of national, state, or local government and agencies, past and present, or private corporations.

DEMOLITION

The complete dismantling, tearing down, removal or razing of the exterior of a building. This term shall not include renovations, repairs or improvements to the interior of a building unless such changes alter the structural integrity of the building.

DEMOLITION BY NEGLECT

The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to a point that causes a need for major repair or may cause a need for demolition.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, and the subdivision of land.

DIRECT LIGHT

Light emitted directly from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

DIRECTIONAL SIGN

Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

DIRECTORY SIGN

A sign, other than an identification sign, listing the names, uses, or locations of the various businesses or activities conducted within a building, or group of buildings, or within a commercial center, that is centrally located and intended to provide on-site directions.

DWELLING

Any structure, or portion thereof which is designed or used for residential purposes. The term "dwelling" shall not be deemed to include a motel, rooming house, tourist home, hotel, hospital, or nursing home.

A. DWELLING, DOUBLE A detached building containing two dwelling units of relatively equal size. The dwelling units are entirely separated by vertical walls, unpierced except for access to the outside or to a common basement. For the purpose of this Chapter, this definition includes all types of manufactured housing except mobile homes.

B. DWELLING, MANUFACTURED A mobile home or manufactured housing, as defined herein:

(1) MANUFACTURED HOUSING A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. § 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport or delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

(2) MOBILE HOME Manufactured housing built on a chassis. A mobile home shall be constructed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, a hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This term does not include recreation vehicles or travel trailers.

C. DWELLING, MULTIFAMILY A building designed for or containing two or more dwelling units, sharing access from a common hall, stair, or balcony.

D. DWELLING, SINGLE-FAMILY ATTACHED See "dwelling, townhouse."

E. DWELLING, SINGLE-FAMILY DETACHED A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and having an additional lot with private yards on all four sides of the house.

F. DWELLING, TOWNHOUSE A single-family attached dwelling of three or more adjoining dwelling units, each of which is separated from the other by one or more unpierced firewalls from ground to roof having individual outside access.

DWELLING UNIT

A room or suite of rooms, including kitchen or kitchenette and sanitary facilities, separate from other building units which may be in the same structure, designed or used as a unit for rental, lease, or ownership by one household.

EASEMENT

A defined right of use or privilege granted for a limited use of land for a public or quasi public purpose.

ENCROACHMENT

A structure or activity which changes, expands or diminishes the course, current, or cross-section of a watercourse, floodway or body of water.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

EXTERNAL ROAD

A vehicular travelway located outside of a manufactured home park that abuts the manufactured home park or property.

FACADE SIGN

See "wall sign."

FAMILY

An individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling.

FAMILY DAY CARE

A single-family dwelling in which more than five but fewer than 13 individuals are received for care, protection, and guidance during only part of a twenty-four-hour day. Individuals related by blood, legal adoption, or marriage to the person who maintains the home shall not be counted towards this total. The care of five or fewer individuals for portions of a day shall be considered as a home occupation.

FENCE

An artificially constructed barrier, of any material or combination of materials, erected to enclose, screen or separate areas.

A. FENCE, PERIMETER A fence located on or within six inches of a property or lot line. See "lot lines."

FILL

Sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water of the Commonwealth of Pennsylvania.

FIXTURE

The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

FLAG

A sign made of flexible material, mounted on poles, wires, or on the facade of a building, which is the official symbol of a national, state or local government or an agency, past or present, or private corporation.

FLOOD

A temporary inundation of normally dry land areas.

A. FLOOD, ONE-HUNDRED-YEAR A flood that, on the average, is likely to occur once every 100 years or that has a one-percent chance of occurring in any given year, although the flood may occur in any year.

B. FLOODPLAIN A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation. The boundary of this area shall coincide with the boundary of the one-hundred-year flood.

C. FLOODWAY The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a one-hundred-year frequency without cumulatively increasing the water surface elevation more than one foot at any point.

FOOTCANDLE

Illuminance produced on a surface one foot from a uniform point source of one candela; measured by a light meter.

FREESTANDING SIGN

A sign supported by means of poles or standards on the ground. The height of a freestanding sign shall be measured from the proposed finish grade to the highest point of the sign structure.

FRONTAGE, BUILDING

The length of an exterior building wall or structure of a single premises oriented to the public way or other properties that it faces.

FRONTAGE, PROPERTY

The length of the property line(s) of any single premises along either a public way or other properties on which it borders, as measured along the front setback line.

FULL-CUT OFF FIXTURES

Fixtures, as installed, that are installed, designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamps or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

GARAGE, PRIVATE PARKING

A building or portion thereof used only for the storage of automobiles by the families resident upon the premises or by individuals residing in the immediate vicinity of the storage facilities.

GARAGE, PUBLIC PARKING

A structure or portion thereof, other than a private garage, used for the storage of automobiles.

GAS STATION MINIMART

A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and tangible consumer goods, primarily for self-service by the consumer.

GLARE

The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GOVERNING BODY

The Borough Council of Mifflinburg Borough, County of Union, Commonwealth of Pennsylvania.

GREEN AREA

An area, expressed as a percentage of the total lot area, developed and maintained in lawn and/or landscaping.

GROSS FLOOR AREA (GFA)

The total floor area of a structure without deductions for hallways, bathrooms, closets, utility areas, or other similar areas, excluding unfinished attics or basements.

GROUP HOME

One main building or portion thereof on one lot that is licensed by the Commonwealth of Pennsylvania as a rooming house and/or boardinghouse and receives 50% or more of its residents under a contract or other arrangement with the state or local government human services agency providing lodging for people who are mentally ill or mentally retarded but not addicted to drugs or alcohol or otherwise chemically dependent. Group homes shall be limited to five people.

HABITABLE FLOOR AREA

Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable space.

HAZARDOUS MATERIAL/SUBSTANCE

A material or substance that, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed.

HEIGHT OF A COMMUNICATIONS TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

HISTORICAL SIGN/MARKER

A stone/marker set into or onto the wall of a building or structure or any plaque, board, or numerals painted or attached to the wall of a building or structure to identify the date of its construction and that provide information commemorating a person or event pertinent to the history of the building or structure or events occurring on the site.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualms as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

Any lawful, gainful, service-oriented occupation or profession operated by a member of the immediate family residing on the premises and where the occupation or profession is conducted wholly within the dwelling or wholly within an accessory building to the dwelling. The conducting of a clinic, hospital, restaurant, animal hospital, kennel, automotive services, or any similar use shall not be deemed to be a home occupation.

HOTEL OR MOTEL

A building or group of buildings containing rooms designed, arranged, and used for overnight lodging of travelers and the business conduct of which is licensed under applicable laws.

IDENTIFICATION SIGN

A sign which identifies only the occupant of the premises, the profession of an occupant and/or the name of the building upon which the sign is placed.

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this Chapter as being inundated by the one-hundred-year flood.

ILLUMINATED SIGN

A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated).

IMPERVIOUS SURFACE

Any surface that does not allow precipitation to be absorbed.

INSTITUTION

A facility providing for extended care of inmates or residents, e.g., correctional facility, hospital, and other uses of the same general character.

JUNK

Shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc, and all scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tin foil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe fittings, used tires, and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in theft existing condition but which are subject to being dismantled or salvaged.

KENNEL, COMMERCIAL

The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises and/or for commercial gain.

KENNEL, PRIVATE

The keeping, breeding, raising, showing or training of four or more dogs over six months of age for personal enjoyment of the owner or occupants of the property and for which commercial gain is not the primary objective.

LAMP

The component of a luminaire that produces the actual light.

LAND DEVELOPMENT

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 perspective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building or other features; or

C. A subdivision of land.

LAND DEVELOPMENT, COMMERCIAL

A land development, as defined herein, the principal use of which is designed and intended for commercial purposes, including but not limited to retail stores, shopping centers, motels, offices, sports stadiums, golf courses, racetracks, and similar structures and uses.

LAND DEVELOPMENT, INDUSTRIAL

A land development, as defined herein, the principal use of which is designed and intended for industrial purposes, including but not limited to industrial parks, multitenant facilities, manufacturing plants, and similar structures and uses.

LAND DEVELOPMENT, MULTIFAMILY

A new multifamily dwelling construction project requiring compliance with the Borough Subdivision and Land Development Code [Chapter 23] in addition to requirements of this Chapter.

LANDSCAPE SCREEN

Any combination of hedges, architectural walls, trees, or earthen berms arranged to create a continuous visual barrier.

LIGHT TRESPASS

Light falling where it is not wanted or needed, that is generally caused by an outside light on a property that shines onto the property of others; a subjective perception of undesirable illumination, including the following examples:

A. The classic light shining in a window.

B. Unwanted light on an adjacent property.

C. Excessive brightness in the normal field of vision (nuisance glare).

D. The shining of a light past the boundaries of the property on which it is located.

LIVESTOCK

Shall include but not be limited to cows, pigs, horses, sheep, domestic and wild fowl, llamas and other similar types of farm animals.

[Added by Ord. No. 2019-01, 5/21/2019]

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings, and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this Chapter, and having frontage on a public street.

A. LOT AREA The computed area contained within the lot lines exclusive of any street (existing or future) rights-of-way.

B. LOT, CORNER A lot abutting the intersection of two streets.

C. LOT DEPTH The mean horizontal distance between the front and rear lot lines.

D. LOT LINES The property lines bounding the lot.

(1) LOT LINE, FRONT The lot line separating the lot from the street right-of-way line.

(2) LOT LINE, REAR The lot line opposite and most distant from the front lot line.

(3) LOT LINE, SIDE Any lot line other than a front or rear lot line.

E. LOT WIDTH The width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this Chapter.

LUMEN

A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this Chapter, the lumen output values shall be the initial lumen output ratings of a lamp.

LUMINAIRE

A complete lighting fixture, including a lamp or lamps and a fixture.

MAINTENANCE and REPAIR

Work that does not alter the appearance or harm the stability of the exterior features of a building.

MANUFACTURED BUILDING

Has the following features or characteristics:

A. It is mass-produced in a factory;

B. It is designed and constructed for transportation to a site for installation and use when connected to required facilities; and

C. It is either an independent, individual building or a module combination with other elements to form a building on the site.

MANUFACTURING

The production of goods on a large scale, utilizing labor and machinery.

MINERALS

Includes but is not limited to anthracite and bituminous coal, lignite, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay, and other mineral resources.

MIXED USE

The use of a lot for more than one principal use.

MOBILE HOME

See "dwelling, manufactured."

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so dedicated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MULTIFAMILY DWELLING

See "dwelling, multifamily."

MULTIFAMILY LAND DEVELOPMENT

See "land development, multifamily."

MUNICIPALITY

The municipal corporation known as the "Borough of Mifflinburg, Union County, Pennsylvania."

NEIGHBORHOOD RETAIL

A commercial use which is limited in scale, primarily serving a local neighborhood and oriented to pedestrian or limited vehicular traffic.

NEW CONSTRUCTION

For the purposes of Part 7, "new construction" is defined as structures for which the start of construction commenced on or after December 18, 1984, and includes any subsequent improvements thereto.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling, and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

NONCONFORMING LOT

A lot, legally existing at the date of the passage of this Chapter or any amendment thereto, which does not at this time have the minimum lot dimensions or contain the minimum lot area for the zoning district in which it is located.

NONCONFORMING STRUCTURE

A sign or structure, legally existing at the date of the passage of this Chapter or any amendment thereto, the design or size of which does not conform to the regulations of this chapter for the district in which it is located.

NONCONFORMING USE

A building, structure, or premises, legally existing and/or used at the time of adoption of this Chapter, or any amendment thereto, which does not conform with the use regulations of the district in which it is located.

OFF-PREMISES SIGN

A sign placed on another commercial property with the property owner's written permission. The size of an off-premises sign is limited to 25% of the maximum signage allowed for that property. Such sign is allowed in the General Commercial District, Downtown District, and Commercial Manufacturing District.

ONE-HUNDRED-YEAR FLOOD

See "flood, one-hundred-year."

ON-SITE RECREATION AREA

A recreation area that is within the limits of the area encompassed by the tract area or parcel of record on which the activity is conducted.

OPEN SPACE

An area that is intended to provide land free of development and is designed for environmental, scenic or recreation purposes. Open space may include but is not limited to lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, wooded areas, watercourses, and detention and retention ponds. In addition, no area of future road right-of-way shall be counted as open space.

OUTDOOR ADVERTISING SIGN

A permanent sign erected, maintained or used outdoors for the purpose of the display of commercial or noncommercial messages that refer to the use of products sold on, or the sale or lease of, the property on which it is displayed.

OUTDOOR LIGHTING

The specific illumination of an outside area or object by a man-made device located outdoors that produces light by any means.

PARKING AREA, PRIVATE

An open area for the same use as a private garage.

PARKING AREA, PUBLIC

An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.

PERMIT

A document issued by the municipality, authorizing an application to undertake certain activities.

A. CERTIFICATE OF ZONING COMPLIANCE A document issued by the Zoning Administrator certifying that the use, building or structure for which a zoning permit was issued has complied with all terms and conditions of said zoning permit.

B. ZONING PERMIT A permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this Chapter and authorizing an applicant to proceed with the construction or development of the use, building or structure.

PERMITTED USE

Any use that does not require special action by the Zoning Hearing Board or by the Borough Council before a zoning permit is granted by the Zoning Administrator.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PERSONAL-CARE HOME FOR ADULTS

Any premises approved and regulated by the Pennsylvania Department of Public Welfare, in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for individuals who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled-nursing or intermediate-care facility.

PERSONAL SERVICE

An establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Such establishment may include but not be limited to laundry, including cleaning and pressing service, linen supply, diaper service, beauty shop, barbershop, shoe repair, porter service, and domestic service.

PLANNING COMMISSION

The Planning Commission for Mifflinburg Borough, Union County, Pennsylvania.

POLITICAL SIGN

Any temporary sign pertaining to political views, an individual seeking election or appointment to a public office or a forthcoming public election or referendum.

PORCH

A roofed structure projecting from the front, side, or rear wall of the building.

PRIVATE LICENSED FACILITY

An institution with greater than three residents, excluding a correctional facility.

PROFESSIONAL OFFICE

See "business office/professional office."

PROJECTING SIGN

A sign on a wall or other vertical building surface, other than a parallel sign or a window sign. An awning or canopy sign is not considered to be a projecting sign.

PUBLIC AND QUASI-PUBLIC USE

A use or structure designed, intended or arranged for the use or service of the general public, although the fees and conditions of such use may be determined and regulated by the operator thereof, e.g., post offices, churches, cemeteries, schools, community centers, fire halls, and other uses of the same general character. Correctional facilities and hospitals shall not be considered for this use. (See "institution.")

PUBLIC HEARING

A formal meeting, held pursuant to public notice by the governing body or Planning Commission or Zoning Hearing Board, intended to inform and obtain public comment prior to taking action in accordance with this Chapter.

PUBLIC INFORMATION SIGN

A sign, usually erected and maintained by a public agency, that provides the public with information. It includes but is not limited to speed limit signs, road warning signs, stop signs, city limit signs, street name signs, and directional signs.

PUBLIC MEETING

A forum held, pursuant to notice under the act of July 3, 1986 (P.L. 388, No 84, as amended, known as the "Sunshine Act"), to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of a public hearing or meeting and the particular nature of the matter to be considered at said hearing or meeting. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of said hearing or meeting.

PUBLIC-SERVICE SIGN

A sign providing information or instructions for public convenience.

PUBLIC UTILITY TRANSMISSION TOWER

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

REAL ESTATE SIGN

A sign pertaining to the sale, lease or rental of the property upon which it is located.

RECREATIONAL VEHICLE

A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and which is primarily designed as a temporary living accommodation for recreation, camping, and travel use, including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

REPAIR, MAJOR

The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing which exceeds 20% of the replacement value of the building or structure.

REPAIR, MINOR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of replacement of or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% the market value of the structure before the damages occurred.

RIGHT-OF-WAY

A portion of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, water line, sanitary sewer, and/or other public utilities or facilities.

ROOF SIGN

A sign erected upon or above the roof or parapet wall of a building and which is wholly or partially supported by the building.

ROOMING/LODGING HOUSE

A dwelling, other than a membership club, in which lodging is provided on a weekly or monthly basis, with or without meals, for two or more persons in addition to the family occupying said dwelling.

SALVAGE YARD

Consists of buildings, structures, or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house-wrecking, and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

SANDWICH/TENT SIGN

An advertising or business ground sign constructed in such a manner as to form an A or a tent-like shape, hinged or not hinged at the top, each angular face held at an appropriate distance by a supporting member.

SCREENING

A method of visually shielding or obscuring one abutting or nearby structure or use from another by means of fencing, walls, berms, or densely planted vegetation.

SERVICE STATION

An establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities, such as engine tune-ups, lubrication, and minor repairs, may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds 25% of the total building area or 500 square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting, and body work, are conducted.

SIGN

Any display, structure or device, excluding window displays and merchandise, which may incorporate lettering, logos, colors, light, or illuminated inert gas tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, goods, products, activities, services or facilities available, on the property bearing the sign.

SIGN AREA

The area of a sign computed by multiplying the maximum horizontal measurement by the maximum vertical measurement. Both measurements include all ornamentations surrounding the information area but exclude the supporting structure. The supporting structure shall not include any signs as defined under the terms of this Chapter. Double-faced signs (two sign faces, back-to-back, and not more than two feet from each other) shall be counted as one sign.

SINGLE-FAMILY DWELLING

See "dwelling, single-family."

SPECIAL EXCEPTION USE

A use which, by its unique characteristics, requires individual consideration and approval by the Zoning Hearing Board before a zoning permit can be granted by the Zoning Administrator.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions, and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.

SPECIFIED ANATOMICAL AREAS

A. Less than completely and opaquely covered:

(1) Human genitals or pubic region.

(2) Buttocks.

(3) Female breast below a point immediately above the top of the areola.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation or arousal.

B. Acts of human masturbation, sexual intercourse or sodomy.

C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

STORAGE UNIT

A small individual unit for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

A. STORY, FIRST The lowest story or the ground story of any building, the floor, which is not more than 12 inches below the average contact ground level at the exterior walls of the building.

B. STORY, HALF A partial story under a gable, hip, or gambrel roof, the wall plates of which, on a least two opposite exterior walls, are not more than four feet above the floor of such story.

STREAM

See "watercourse."

STREET

A public or private thoroughfare that affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley.

STREETSCAPE

The overall appearance of a block along a public street, including yards visible from a public street, the relationship of building setbacks, and the consistency of architectural styles of features.

STREET CLOCK

A timepiece erected upon or in a frame or structure placed or located upon the sidewalk for the convenience of the public and which also serves as a business sign.

STRUCTURE

Anything built, constructed or erected which requires location on the ground or attachment to something located on the ground.

STRUCTURAL ALTERATION

Any change in the structural members of a building, such as walls, columns, beams, or girders, or any addition to any structure.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, that the 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 any residential dwelling, shall be exempted.

SUBSTANTIAL ADDITIONS TO MOBILE HOME PARKS

Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement is started.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of an historic structure, provided that the alteration would not preclude the structure's continued designation as an historic structure.

SURFACE MINING

Any extraction of any mineral for sale or other commercial purposes which involves removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain, sun, or other elements of nature. The extraction of any minerals on site for on-the-farm use shall not be considered surface mining but as an accessory use to agriculture.

TEMPORARY SIGN

A sign intended for short-term use, such as a promotional sign, including signs pertaining to business events, community events, political issues, an individual seeking public office, or a forthcoming public election. Temporary signs are allowed for 30 days during a six-month period.

THERAPUTIC MASSAGE ESTABLISHMENT

Any place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating parts of the body with the hands or with the aid or any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items.

TOWNHOUSE

See "dwelling, townhouse."

TRAVEL-TRAILER

A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation, and/or vacation, and having a width of less than 10 feet and an overall length not greater than 35 feet, but not to be construed as a mobile home.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code, adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code and International Building Code of 2003 by reference as the construction standards applicable with Commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

USE

The specific purpose for which land, sign, structure or building is designed, arranged, intended or for which it may be occupied or maintained, or any activity, occupation, business or operation that may be carried on. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE

The departure to a minor degree from the text of this Chapter in direct regard to a hardship peculiar to an individual lot authorized by the Zoning Hearing Board in accordance with the procedure set forth in this Chapter.

WALL

A constructed solid barrier of concrete, stone, brick, tile, wood, or similar material that closes, marks, or borders a field, yard or lot and that limits visibility and restricts the flow of air and light.

WALL SIGN

A flat sign which extends outward less than six inches and is affixed to the wall of a building or structure and which does not extend above the parapet, eaves, or facade of the building or structure.

WATERCOURSE

A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WINDOW SIGN

A sign visible through a window and/or affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.

YARD

An open space, required by this Chapter, on the same lot with a building or a group of buildings, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.

A. YARD, FRONT An open space extending the full width of the lot between a building and the front lot (street right-of-way) line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this Chapter.

B. YARD, REAR An open space extending the full width of the lot between a building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this Chapter.

C. YARD, SIDE An open space extending from the front yard to the rear yard between a building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this Chapter.

YARD SALE

A sale, open to the public, of used or previously owned personal property at a parcel, whether held in the residence or on the lawn, yard, porch, patio, garage, driveway or outbuilding. The definition shall include, but not be limited to, those sales commonly referred to as "yard sale," garage sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," or "tag sale." Yard sales are limited to three consecutive days. Four yard sales are permitted per year per property. All signs must be removed within 48 hours after the end of the yard sale.

[Added by Ord. 2014-04, 12/16/2014]

ZONING HEARING BOARD

The Zoning Hearing Board for Mifflinburg Borough, Union County, Pennsylvania.

ZONING ADMINISTRATOR

The administrative officer in charge with the duty of enforcing the provisions of this Chapter.