For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.Â
Words in the present tense shall include the future tense.
B.Â
"Used" or "occupied," as applied to any land or building, include
the words "intended, arranged, or designed to be used or occupied."
C.Â
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.Â
"Sale" shall also include rental.
E.Â
Unless stated otherwise, the singular shall regulate the plural,
and the masculine shall include the feminine, and vice versa.
F.Â
The words "such as," "includes," "including," and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
G.Â
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
H.Â
If a word is not defined, it shall have its plain and ordinary meaning
within the context of the provision.
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:
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."
A separate dwelling unit or units that are created within
part of a principal dwelling or above a detached garage on a residential
lot.
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 use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street, alley or waterway from each other.
Any establishment or place:
Which has a substantial or significant portion of its stock-in-trade
consisting of the following items:
Books, magazines or other periodicals, films or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction, description or display of sexual activities
or conduct or uncovered male or female genital areas; and/or
Instruments, devices or paraphernalia which is designed primarily
for use in connection with sexual activities or conduct.
To which the public is permitted or invited wherein coin- or
slug-operated or electronically or mechanically controlled still-
or motion-picture machines or projectors or other image-producing
devices are maintained to show images, with or without sound, where
the images so displayed are distinguished or characterized by an emphasis
on depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas.
An establishment, club, tavern, restaurant, theater, or hall
that features live entertainment distinguished or characterized by
an emphasis on sexual conduct or sexually explicit nudity.
A use that includes any one or a combination of the following:
An exhibition of any adult-oriented motion pictures which are
distinguished and characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified
anatomical areas;
A live performance, display or dance of any type which has,
as a significant or substantial portion of the performance, any actual
or simulated performance of specified sexual activities or exhibition
or viewing of specified anatomical areas or persons in a state of
nudity or seminudity; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
Includes the term "sexually oriented," and vice versa, as
stated herein.
Any theater, auditorium, concert hall or other place of assembly
presenting any form of audio and/or visual material and in which a
substantial portion of the total presentation time measured over any
consecutive twelve-month period is or will be devoted to the showing
of material which is distinguished or characterized by emphasis on
depiction, description or display of sexual activities or by exposure
of uncovered male or female genital areas for observation by patrons.
A business or club which engages in one or more of the following
areas of sales, services or entertainment: an adult bookstore, adult
theater, other adult-oriented retail, commercial service or entertainment
establishment, including an adult novelty store, adult video store,
adult cabaret, escort agency, nude model studio, sexual encounter
center, or other commercial or not-for-profit establishment where
adult entertainment is presented for money or other forms of consideration.
For the purposes of this chapter, the term "adult use" shall also
include a massage parlor.
If a term is not defined in this chapter, but is defined in
the Adult-Oriented Business Licensing Ordinance,[1] the definition in that licensing ordinance shall also
apply to this chapter.
When used in association with the term "adult-oriented business,"
"establishment" or "establish" shall mean:
The opening or commencement of any adult-oriented business as
a new business;
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business;
The addition of any adult-oriented business or adult-oriented
use to any other existing adult-oriented use; or
The relocation of any adult-oriented business.
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.
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.
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.
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.
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.
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.
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."
See "dwelling types."
A landowner or developer, as defined in the Pennsylvania
Municipalities Planning Code,[2] who has filed an application for development, including
his heirs, successors and assigns.
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.
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 met. This use shall not include a mobile/manufactured home park or a junkyard. See requirements in § 250-34.
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 work or bodywork, 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 activity meeting the definition of a "truck stop." See requirements in § 250-34.
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 § 250-34.
An enclosed level of a building that is not a story and that
is entirely or partly underground.
A dwelling and/or its accessory structure, which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests and that meets the maximum number of overnight guests specified in § 250-34 for this use and which does not provide any cooking facilities for actual use by guests and which only provides meals to overnight guests, employees and residents of the dwelling and not to the general public. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 250-34.
A place used for lawful gambling activities, including but
not limited to off-track pari-mutuel betting and any use of electronic
gambling devices. This term shall not include Pennsylvania lottery
sales or lawful small games of chance.
A type of off-premises sign. See Article VII.
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.
Jacobus Borough, York County, Pennsylvania.
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 § 250-62.
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.
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.
The vertical distance from the average of the finished ground
level adjoining a building at all exterior walls to the average 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.
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
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.
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.
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.
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.
A type of campground that involves persons temporarily living
within recreational vehicles.
A place used for the burial of two or more noncremated humans.
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.
The Jacobus Borough Zoning Ordinance, including the Official Zoning Map,[3] as amended.
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.
See "place of worship."
A logging method that removes all trees or the vast majority
of trees from a mostly wooded lot.
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 antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals or to receive such signals for a cable system or 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 antennas. See standards in § 250-34. This term shall not include a standard antenna.
LATTICE TOWERA commercial communications tower that is guyed or self-supporting with an open steel-frame structure.
MONOPOLE TOWERA commercial communications tower that involves a single shaft as its structural support.
The C-N, C-G and I-C Districts.
The sale of goods and/or services to the general public by
a for-profit entity. 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. Sales
from a vehicle on a lot shall also be considered to be a commercial
use.
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.
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.[4]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property for the purposes of conserving open space or agricultural
uses. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
Adjacent parcels of land, including parcels separated by
a stream or road.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
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 also "raising of livestock."
A process provided in the Pennsylvania Municipalities Planning
Code[5] that authorizes certain types of challenges and/or amendments
to this chapter.
A use providing supervised care and assistance to persons
who need such daily assistance because of their 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.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or Head Start programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted without
regulation by this chapter:
FAMILY DAY-CARE HOME or CHILD DAY CARE AS AN ACCESSORY USEA type of day-care use that:
GROUP DAY-CARE HOMEA type of day-care use that:
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 Pennsylvania agency. (NOTE: As of 2008, this was the Department of Public Welfare.) See § 250-34.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
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.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
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."
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of § 250-60.
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 "single-family attached dwelling." 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 two-family detached dwelling.
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 Pennsylvania Construction Codes[6] and not the federal requirements for manufactured housing.
SEMIDETACHED 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.
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)One dwelling unit that is attached to two or more dwelling units, or that is at the end of a row of three or more such attached dwelling units, and which has each dwelling unit completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side setbacks shall be provided adjacent to each end unit. See standards in § 250-34.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open setback areas on all sides.
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 § 250-34.
TWO-FAMILY DETACHED DWELLINGA building that includes two apartment dwellings and which is not a semidetached dwelling.
A single habitable living unit occupied by only one family,
as defined herein. Each dwelling unit shall have:
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
a unit for care of relative.
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 § 250-34.
The highest number of workers (including part-time and full-time,
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.
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, transformers, 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.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to three 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 § 250-34, residing within a licensed group home, as defined herein. Through those provisions and § 250-13D(5), the Borough's intent is to comply with the Federal Fair Housing Act,[7] as amended.
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, cinder block or similar materials shall be considered a wall. See § 250-35.
An establishment primarily involved with banking, lending
and other monetary, not material, transactions.
See "lot, flag."
See the definitions of this term and related terms in Chapter 125, Floodplain Management.
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. See "timber harvesting" in this section and § 250-34.
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 § 250-35.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 250-42.
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 Jacobus Borough or an authority created solely by Jacobus Borough; those uses listed separately in the table of uses in Article III, such as publicly owned recreation; or a prison.
A dwelling unit operated by a responsible entity 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,[8] 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.
Group homes shall be subject to the same limitations and regulations
by the Borough as the type of dwelling unit they occupy.
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.
A group home shall not include a treatment center.
See standards in § 250-34.
This use does not include a state-licensed personal care home.
A product or waste or combination of substances that, because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment, which includes the soil and all subsequent
materials located below. Such hazardous material includes but is not
limited to materials which are included on the latest edition of one
or more of the following lists:
Hazardous substances included on the "List of Extremely Hazardous
Substances" in Title 40 of the Code of Federal Regulations, Part 355,
or its successor provisions, and that are stored or used in quantities
above the threshold reportable limits in such regulations.[11]
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 VII, entitled "Signs."
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."
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 § 250-35.
MAJOR HOME OCCUPATIONA home occupation that does not meet the additional standards for a minor home occupation in § 250-35.
MINOR HOME OCCUPATIONA home occupation that meets the additional standards for a minor home occupation as provided in § 250-35. Among other provisions, § 250-35 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 Pennsylvania Municipalities Planning Code.[12] (NOTE: In most cases, a minor home occupation is permitted by right under § 250-28, while in most cases a major home occupation requires Zoning Hearing Board approval as a special exception.)
NO-IMPACT HOME-BASED BUSINESSA type of minor home occupation that meets the following definition as provided in the Pennsylvania 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:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A 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.
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, swimming pool, 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.
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.
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, excluding any street or road right-of-way.
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.
For a single-family attached dwelling (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 single-family attached dwelling
lot.
The I-C Zoning District.
See "bed-and-breakfast."
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 Pennsylvania environmental regulations.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle needing
only minor repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
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:
Junk (See definition.) covering more than 1% of the lot area.
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 § 250-34.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
The commercial housing, sheltering or keeping, for any period of time, of a greater number of dogs and/or cats than are permitted under the "keeping of pets" provisions of § 250-35 of this chapter.
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.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under the "keeping of pets" section of § 250-35 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 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 tax assessment records. 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.
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:
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, unless another section of this chapter,
such as single-family attached dwelling development, specifically
permits proposed streets to be included in determining density for
a specific use.
Areas that are currently or will be required to be dedicated
as common or preserved open space on a separate lot, unless another
section of this chapter, such as open space development, specifically
permits proposed common open spaces to be included in determining
density for a specific use.
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets.
A lot that does not meet the required minimum lot width at
the minimum front building setback line and which typically includes
a narrow stretch of land connecting the bulk of the lot area to a
street. A flag lot shall require a variance.
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.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, see § 250-62B, which addresses a requirement for a front setback along each street.
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 setback.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The horizontal distance between the side lot lines, measured
at the minimum required front setback line, unless otherwise stated.
In the event of a curved lot line, such lot width at the minimum prescribed
front 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.
A type of adult use that is an establishment that meets all
of the following criteria:
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.
The use does not involve a person licensed or certified by Pennsylvania
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.
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.
The massages are conducted within private or semiprivate rooms.
An area of land or a 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.
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.
See § 250-34. See also "after-hours club" and "hunting and fishing clubs," which are distinct uses.
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.
See under "dwelling types."
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 § 250-34.
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.
The Pennsylvania Municipalities Planning Code, as reenacted
and amended (53 P.S. § 10101 et seq.).
An establishment that offers amplified music and/or dancing,
sells alcoholic beverages primarily for on-site consumption, has sale
of alcoholic beverages composing more than 50% of the dollar value
of its total business, includes hours open to patrons after 12:00
midnight, and has a building capacity of over 150 persons. Such use
may also include such activities before 12:00 midnight.
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.
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 chapter or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 250-64.
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). See § 250-64. A nonconforming use shall not be considered to be a permitted by right use, a special exception use or a conditional use.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state. This term shall also
include the showing of the uncovered male or female genital area.
A facility licensed by the Commonwealth of Pennsylvania for the housing and intermediate or fully skilled nursing care of three or more persons. As of 2008, such licensing agency is the Department of Health. See § 250-34.
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.
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 § 250-31.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
Is covered by a mechanism, including legal and financial provisions,
that ensures perpetual maintenance, if not intended to be publicly
owned;
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
Does not use any of the following areas to meet minimum preserved
open space requirements:
Existing street rights-of-way.
Vehicle streets or driveways providing access to other lots.
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).
Off-street parking (other than that clearly intended for noncommercial
recreation).
Area(s) needed to meet a requirement for an individual lot.
For land intended to be open to the public, land shall not count
as preserved open space if it 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.
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.
Portions of land that have a width of less than 50 feet.
Areas that are under water during normal weather conditions.
Areas that are under electric transmission lines that are designed
for a capacity of 35 kilovolts or greater.
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.
A boiler, furnace or similar device that meets all of the
following:
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement, unless
otherwise stated.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of this chapter.
An assisted living facility.
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
agency, shoe repair shops, household appliance repair shops, and other
similar establishments, but shall not include any adult uses, as herein
defined.
The keeping of domesticated animals of types that are normally considered to be kept as pets 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 § 250-35.
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.
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 § 250-34.
A principal structure which is also a building.
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.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest.
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.
Notice required by the Pennsylvania Municipalities Planning
Code. (See definition in Section 107 of such law.[13])
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 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
Borough-owned use, or an emergency services station.
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, or more distant, cousins. See
definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
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.
The R-1 and R-2 Zoning Districts.
The lot line of a lot that:
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.
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is more than 60% of the total trade, the requirements
of a tavern or nightclub, as applicable, must be met.
See "drive-through service" in this section.
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.
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.
The official established street right-of-way that either
the Borough or Pennsylvania 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.
See "boardinghouse."
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."
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 250-62D.
A building or group of buildings divided into individual
separately accessed units which are rented or leased for the storage
of personal and small business property.
An open area of a specified minimum depth that is required
to be unobstructed from the ground to the sky and that is not permitted
to be covered by buildings or principal structures and that is on
the same lot as the subject structure or use. Each required setback
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 setbacks.
See setback exceptions in § 250-62B.
PRIVATE STREETSFor a building setback measured from a private street, the minimum setback shall be measured from the existing street right-of-way/easement or 20 feet from the center of the cartway, whichever is more restrictive.
A line separating a required minimum front, side or rear
setback area from the area within which a building or use is allowed.
A setback 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 setback area shall extend
the full width of the lot, from side lot line to side lot line.
A setback extending the full width of the lot and which is measured
from along the rear line and which establishes the minimum distance
from the rear lot line for placement of the subject structure and
which stretches between the side lot lines parallel to the rear lot
line.
A principal building shall not extend into the required rear
setback for a principal building, and an accessory structure shall
not extend into the required rear setback for an accessory structure,
except as provided in this chapter.
Every lot shall include a rear lot line and a rear setback.
This Subsection D addresses a through lot (which does not include a corner lot) which has a front lot line along a street and a rear lot line along a street or alley. In such case, a minimum rear setback shall be required along the rear street or alley. For a through lot, the front lot line shall be placed to follow any predominant pattern along the street, as determined by the Zoning Officer. Where a through lot is adjacent to two streets and there is not a predominant pattern of front lot lines, then the front lot line shall be consistent with the street address. If the street address has not yet been established, then the applicant may choose which street frontage is the front lot line, provided the front door of the dwelling shall face such lot line.
A setback which establishes the minimum distance from the side
lot line for placement of 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.
A structure shall not extend into the applicable minimum side
setback, except as provided for in this chapter.
See corner lot provisions in § 250-62B.
A triangular lot shall include one side setback. All other lots
shall include at least two side setbacks, except for a corner 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.
Sanitary sewage service by a sewage collection system owned
and/or operated by a municipality or a municipal authority.
An area required to be kept free of certain visual obstructions to traffic. See § 250-62.
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. This
shall not include displays that only involve symbols that are clearly
and entirely religious in nature and which do not include advertising.
For the purposes of regulating signs, the following terms shall have
the following meanings:
ABANDONED SIGNA sign which identifies something that is no longer a bona fide business, lessor, service, owner or product or advertises an event or activity that is no longer occurring and/or for which no legal owner can be found. This term shall also include a structural support for a sign if the sign has been removed.
AWNINGA nonilluminated sign painted on or attached to a fabric or vinyl cover on a rigid frame. All or part of the allowed wall sign area may be placed on an awning.
BUILDING FACEThe vertical area of a particular side of a building, but not including the area of any slanted roof.
CHANGEABLE MESSAGE SIGNA sign that is designed to vary from message to message by means of electronic lights, movable panels and/or movable letters.
FLAGFabric, banner or bunting containing distinctive colors, patterns or symbols, including a flag that is a symbol of a nation or political subdivision or other entity.
FREESTANDING SIGNA sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
HEIGHT OF SIGNThe vertical distance measured from the average ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols, when not accompanied by lettering, shall not be restricted by the sign heights of Article VII when attached to a tower or spire of a place of worship.
ILLUMINATED SIGN, INTERNALLYA sign illuminated by light from within the sign rather than a source adjacent to or outside of the sign. A sign within a display case with lights only shining onto the front of the sign shall be considered to be externally illuminated.
MARQUEE SIGNA sign that is attached to a permanent overhang over a sidewalk that extends from the face of a building and which meets the minimum clearance over a sidewalk established by the Construction Code.[14] All or part of the allowed wall sign area may be placed
on a marquee, provided any new marquee shall meet this chapter and
the Construction Code.
MONUMENT SIGNA type of freestanding sign which has a maximum total height of eight feet and which has a solid bottom attached to the ground, as opposed to being supported by a pole.
NONCONFORMING SIGNA sign which was lawful when it was installed, but which would not meet current sign regulations of this chapter.
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.
ON-PREMISES SIGNA sign that is not an off-premises sign, such as a sign that advertises a business or service offered on the premises.
POLITICAL SIGNA sign that advertises a candidate for election or an opinion on a current political issue.
PORTABLE SIGNA sign that is not permanently affixed to the ground or to a building and which is not listed by Article VII as an allowed temporary sign and which is attached to a chassis, wheels or legs that allow it to be towed or carried from one location to another.
PROJECTING SIGNA sign that is attached to a building and that extends perpendicular from the building and which meets requirements of the Construction Code[15] for secure construction and minimum clearance over a sidewalk
and which does not extend over a street.
REAL ESTATE SIGNA temporary sign advertising the availability of land or building space for sale, lease or auction.
WALL SIGNA sign primarily supported by or painted on a wall of a building. A wall sign may also be displayed upon an awning or canopy, provided other requirements of this chapter are met.
WINDOW SIGNA sign which is readily visible and can be at least partially read from an exterior lot line and which is attached to a window or transparent door or that can be read through a window or transparent door.
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.
This term shall include one or more of the following activities:
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.
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for off-site use.
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.
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 § 250-18.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point above the top of the areola, or human male genitals
in a discernible turgid state, even if completely covered.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
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.
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.
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.
Chapter 215, Subdivision and Land Development, of the Code of the Borough of Jacobus, as amended.
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 without financial compensation. See § 250-35.
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."
A location that is used by two or more persons at a time,
other than residents or owners of a lot, to shoot firearms towards
a target or towards skeet.
A place where alcoholic beverages are served as more than
60% of the total trade and which does not meet the definition of an
"after-hours club" or a "nightclub." The sale of food may also occur.
See the definition of "restaurant."
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.
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 § 250-35.
See "single-family attached dwelling" under "dwelling types"
in this section.
A facility that:
A person involved with building trades, such as but not limited
to plumbing, electrical work, building construction, building remodeling,
and roofing.
A dwelling unit that:
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker or does not have a valid
safety inspection sticker. The requirement for a safety inspection
sticker shall not apply to vehicles (such as licensed antique cars
and trailers of less than 3,000 pounds aggregate gross vehicle weight)
for which Pennsylvania regulations do not require such a sticker.
The term shall not include a motor vehicle displaying an inspection
sticker that expired less than 30 days previously.
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.
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.[17] See § 250-13.
A man-made barrier constructed primarily of masonry, concrete,
cinder block or similar materials.
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.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Water supply service to a building that does not meet the
definition of "public water service," such as but not limited to an
individual on-lot well.
Water supply service to a building by a municipally owned,
authority-owned or Public Utility Commission regulated water supply
system that serves 200 or more lots.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
An open area unobstructed from the ground to the sky that
is not covered by buildings or principal structures and that is on
the same lot as the subject structure or use. Each 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).
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 yard extending the full width of the lot and which is measured
from along the rear line and which stretches between the side lot
lines parallel to the rear lot line.
A yard which includes the distance between a side lot line
and the closest portion of a principal 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.
The Official Zoning Map of Jacobus Borough, Pennsylvania.[18]
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
The Jacobus Borough Zoning Ordinance, as amended.
[1]
Editor's Note: The Adult-Oriented Business Licensing Ordinance
is on file in the Borough offices.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: The Zoning Map is included at the end of this chapter.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and
68 Pa.C.S.A. § 5101 et seq., respectively.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[8]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[9]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[10]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[12]
Editor's Note: See 53 P.S. § 10101 et seq.
[13]
Editor's Note: See 53 P.S. § 10107.
[16]
Editor's Note: See 53 P.S. § 10101 et seq.
[17]
Editor's Note: See 53 P.S. § 10101 et seq.
[18]
Editor's Note: The Zoning Map is included at the end of this chapter.
