A.
It is not intended that these definitions include only words used
or referred to in this chapter. The words are included in order to
facilitate the interpretation of the chapter for administrative purposes
and in the carrying out of duties by appropriate officers and by the
Zoning Hearing Board.
B.
Unless otherwise expressly stated, the following shall, for the purposes
of this chapter, have the meaning herein stated:
(1)
Words used in the present tense shall include the future tense.
(2)
The word "person" shall include a company, partnership, individual
or association.
(3)
The words "used" or "occupied" as applied to any land or building
shall include the words "intended, arranged or designed to be used
or occupied."
(4)
The word "building" shall include "part thereof" and "structure."
(5)
The word "lot" shall include "plot" or "parcel."
(6)
The word "shall" is always mandatory.
(7)
The singular number shall include the plural and the plural the singular.
(8)
The masculine gender shall include the feminine and neuter.
(9)
The word "street" shall include "road," "highway" and "lane."
For the purposes of this chapter, the following words, terms,
and phrases have the meaning herein indicated.
To desert, surrender, forsake or cede. To relinquish or give
up with intent of never again resuming one's right or interest. To
give up or cease to use. To give up absolutely; to forsake entirely;
to renounce utterly; to relinquish all connection with or concern
in; to desert. It includes the intention and also the external act
by which it is carried into effect.
To touch at the end; be contiguous; join at a border or boundary.
The term "abutting" implies a closer proximity than the term "adjacent."
No intervening land.
A means of approach or entry to or exit from property.
A subordinate building or a portion of the main building
on a lot, the use of which is customary to that of the main or principal.
An extension or increase of floor area or height of a building
or structure.
Lying near or close to; sometimes, contiguous; neighboring.
"Adjacent" implies that the two objects are not widely separated,
though they may not actually touch.
These include adult bookstores, adult cabarets, adult drive-in
theaters, adult massage businesses, adult mini-motion-picture theaters,
and adult motion-picture theaters, which exclude minors by virtue
of age.
ADULT BOOKSTOREAn establishment which has a substantial or significant portion of its stock-in-trade, books, magazines, or other periodicals and which excludes minors by virtue of age.
ADULT CABARETSA cabaret which features go-go dancers, exotic dancers, strippers, male and female impersonators, or similar entertainers and which exclude minors by virtue of age.
ADULT DRIVE-IN THEATERAn establishment showing motion-picture films to patrons, designed to permit patrons to remain in their automobiles or similar vehicles, and which exclude minors by virtue of age.
ADULT MASSAGE BUSINESSAn establishment where massages are administered for pay, including but not limited to massage parlors, health clubs, sauna baths and steam baths, and which exclude minors by virtue of age.
ADULT MOTION-PICTURE THEATERAn enclosed building used for showing motion-picture films to patrons and which excludes minors by virtue of age.
ADULT VIDEOCASSETTE RENTALS AND SALESAn establishment which has a substantial or significant portion of its stock-in-trade videocassettes for rent or sale and which excludes minors by virtue of age.
A public or private way affording only secondary means of
access to abutting property. Alleys may also be known as "courts,"
"places" or "lanes."
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Man-made structures such as clock towers, bell towers, church
steeples, water towers, light poles and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
and towers.
[Added 12-10-2001 by Ord. No. 7-2001]
A change in the regulations or district boundaries or classifications
of property established by this chapter and according to procedures
provided by law and exercised by the Borough Council.
A building used for the treatment, housing or boarding incidental
to hospital use of small domestic animals such as dogs, cats, rabbits
and birds or fowl by a veterinarian.
Any lot or premises on which four or more dogs, cats or both,
at least six months of age, are kept, boarded or trained, whether
in special buildings, runways, or not.
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter.
See "building area."
See "lot area."
That part of a building which is immediately below, and wholly
or partly within the roof framing.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, trailers or boats in
operable condition.
A garage, other than a private garage, used for gasoline
refueling and for the storage, equipping for operation, repairing,
maintaining, keeping for remuneration, hiring or selling of motor
vehicles.
That portion of a building which is partly or completely
below grade.
A private home which take in no more than two couples for
the purpose of providing overnight accommodations.
The Zoning Hearing Board of Summit Hill Borough.
An area of land, with plantings as specified by this chapter,
and any structures which may be required between land uses to eliminate
or minimize conflicts between them.
Any structure having a roof supported by walls and intended
for shelter, housing or enclosure of persons, animals, or property.
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces, patios and steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
A line formed by the intersection of a horizontal place at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a conjectured or projected
section of a building, the vertical place will coincide with the most
projected surface. All yard requirements are measured to the building
line.
A building in which is conducted the principal use of the
lot on which it is located.
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts except that one or more of the walls
may be the walls of the main building to which the carport is an accessory
building or extension.
The certificate (sometimes call "occupancy permit") issued
by the Zoning Officer after amendment to the map or text to correct
a prohibition or restriction on the use or development of land in
which he has an interest.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without rotation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any persons 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.
[Added 12-10-2001 by Ord. No. 7-2001]
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
towers and covering an area on the ground not greater than 250 square
feet.
[Added 12-10-2001 by Ord. No. 7-2001]
A structure, such as a self-supporting lattice tower, guy
tower, or monopole tower, constructed as a freestanding structure
or in association with a building, other permanent structure or equipment,
on which is located one or more antennas intended for transmitting
or receiving television, AM/FM radio, digital, microwave, cellular,
telephone towers. The terms excludes any tower and antennas under
70 feet in total height which owned and operated by an amateur radio
operator licensed by the Federal Communications Commission, and satellite
earth station antennas one meter in diameter or less, any receive-only
home television antennas, and any satellite earth station antennas
two meters or less in diameter which is located in a commercial or
industrial zoning district.
[Added 12-10-2001 by Ord. No. 7-2001]
A declaration by the municipal governing body that its zoning
ordinance or portions thereof are substantially invalid and that such
invalidities are proposed to be corrected by an amendment to the text
and/or map.
A platform with or without railings but without a roof, projecting
out from the main wall of a dwelling and intended to be used as an
area for seating, dining or recreation.
A measure of the number of dwelling units which occupy, or
may occupy an area of land.
The maximum density that shall be permitted in any zoning
district. It is calculated by dividing the total number of dwelling
units by the total site area. This density is illustrative only; net
density is controlling.
The maximum density permitted on the buildable portion of
the site. Net density is calculated by dividing the total number of
dwelling units by the net buildable site area, that is, not including
roads, recreation areas, or any other area not intended for dwellings.
This density controls actual site capacity.
A portion of the area of the Borough of Summit Hill as shown
on the Zoning Map containing a uniform class of uses of structures
or land, and to which regulations described in this chapter apply.[1]
A building designed or used as the living quarters for one
or more households, but not intended to include tourist homes, motels
or hotels.
MULTIFAMILY HOUSESThree or more dwelling units accommodating three or more households which are located one over the other and are attached by the use of common party walls. Each dwelling unit is accessible by a common stairwell. The building is built to a height of up to four stories.
RESIDENTIAL CONVERSION UNITSTo be a conversion, any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion.
SINGLE-FAMILY HOUSESA dwelling unit accommodating a single household and having two side yards. This includes a mobile home on a permanent foundation.
TOWNHOUSES (ROW HOUSES)Three or more dwelling units accommodating three or more households which are attached side by side through the use of common party walls and which have side yards adjacent to each end unit. Each dwelling unit is two stories in height.
TWO-FAMILY HOUSES (DUPLEXES AND FLATS)Two dwelling units accommodating two households which are attached side by side through the use of a party wall and having one side yard adjacent to each dwelling unit (duplex), or which are attached one over the other and having two side yards for the lower dwelling unit (flat).
A building or portion thereof providing complete housekeeping
facilities for one family or household.
Receiving antenna or satellite, parabolic antenna used to
receive satellite signals.
A limited right to use granted in private land for public
or quasi-public purposes.
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, communication equipment buildings and other related facilities
as defined herein.
[Amended 12-10-2001 by Ord. No. 7-2001]
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved.
The Federal Aviation Administration.
[Added 12-10-2001 by Ord. No. 7-2001]
One or more persons who live together in one dwelling unit
and maintain a common household. A family may consist of a single
person or two or more persons, whether or not related by blood, marriage
or adoption. Family may also include domestic servants and gratuitous
guests.
The Federal Communications Commission.
[Added 12-10-2001 by Ord. No. 7-2001]
The flood having 1% chance of being equalled or exceeded
in any given year.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse; and/or any area subject to the unusual and rapid accumulation
of surface water from any source.
Any man-made change to improved or unimproved real estate
in the floodplain, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
For the purpose of applying the requirements for off-street
parking and loading, "floor area" in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or
intended to be used by tenants, or for service to the public as customers,
patrons, clients, or patients as measured by the outside dimensions
of the building or portion thereof.
The production of forest products through the cultivating,
maintaining, and developing of forests.
A garage for four or fewer passenger motor vehicles without
provision for repairing or servicing such vehicles for profit.[2]
A communication tower that is supported, in whole or in part,
by guy wires and grounded anchor.
[Added 12-10-2001 by Ord. No. 7-2001]
A material or combination of materials which, 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 or the environment when improperly treated, stored, transported
or disposed of, or otherwise managed; or make the land unfit or undesirable
for normal use. This definition is intended to include radioactive
substances.
When referring to a tower, antenna or other structure, means
the distance measured vertically from the highest point when positioned
for operation to the "lowest point," which is defined as the bottom
of the base of the structure being measured at either roof or ground
level, whichever is applicable. The height of a tower shall include
the height of any antennas positioned for operation attached or which
may be attached to the highest point on the tower.
[Added 12-10-2001 by Ord. No. 7-2001]
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock.
The cultivating of plants, either outdoors or in a glass-enclosed
structure, on the same lot as a dwelling and not for sale commercially.
A business, profession, occupation or trade of a service
nature conducted for gain or support and located entirely within a
residential building, or a structure accessory thereto, which use
is accessory, incidental and secondary to the use of the building
for dwelling purposes and does not change the essential residential
character or appearance of such building.
The distance measured from the surface of the lower foundation
to the height of the wind turbine hub, to which the blade is attached.
[Added 1-13-2009 by Ord. No. 2-2009]
Those surfaces which do not absorb water are considered impervious.
They consist of all buildings, parking areas, driveways, road, sidewalks
and any areas of concrete or asphalt.
Junk shall include scrap iron, scrap tin, scrap brass, scrap
copper, scrap lead or scrap zinc and all other scrap metals and their
alloys, and bones, rags, used cloth, used rubber, used machinery,
used tools, used appliances, used fixtures, used utensils, used lumber,
used boxes or crates, used pipe or pipe fittings, used tires and other
manufactured goods, any of which are so worn, deteriorated or obsolete
as to make them unusable in their existing condition, but which are
subject to being dismantled or processed for reclamation, salvage
or recycling.[3]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
A communications tower that has open-framed supports on three
or four sides and is constructed without guy wires and ground anchors.
[Added 12-10-2001 by Ord. No. 7-2001]
Farm animal such as cattle, horses, sheep, hogs goats, etc.
A space or area, accessible from a street or way, in a building
or on a lot, for the temporary use of vehicles, while loading or unloading
people, merchandise or materials. Required off-street loading space
is not to be included as off-street parking space in computation of
required off-street parking.
The meeting hall of a social or fraternal organization.
Land occupied or to be occupied by a building and its accessory
buildings, or by a building group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated.
The total area within the lot lines, excluding any area within
a street right-of-way, but including the area of any easement.
The mean horizontal distance between the front and rear lot
line. Measurement shall be from the street of highway right-of-way
line to the opposite or rear line.
That side of a lot abutting on a street right-of-way, and
ordinarily regarded as the front of the lot.
Any boundary line of a lot.
Any lot which individually, or as part of a subdivision,
has been recorded in the office of the County Recorder of Deeds.
The distance between the straight lines connecting front
and rear lot lines at each side of the lot, measured across the rear
of the required front yard; provided, however, that width between
side lot lines at their foremost points (where they intersect with
the street line) shall not be less than 80% of the required lot width
except in the case of lots on the turning circle of culs-de-sac, where
the 80% requirement shall not apply.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A dwelling unit used initially for display purposes, which
typifies the type of units that will be constructed in a subdivision,
land development, planned residential development or a multifamily
dwelling structure.
A nontransportable, single-family dwelling intended for permanent
occupancy, contained in one or more units designed to be joined into
one integral unit not capable of again being separated.
A communications tower consisting of a single pole, constructed
without guy wires or ground anchors.
[Added 12-10-2001 by Ord. No. 7-2001]
A building or group of buildings used, or intended to be
used, for the lodging of more than six guest rooms for compensation.
The Borough of Summit Hill, Carbon County, Pennsylvania.
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.
[Added 12-9-2002 by Ord. No. 4-2002]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable set back or dimensional provisions in
this chapter or amendment heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of such chapter
or amendment or prior to the application of such chapter or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such chapter or amendment or prior to the
application of such chapter or amendment to its location by reason
of annexation.
Something owned, operated or supported by private individuals
or a corporation, without seeking profit, for the use or benefit of
the general public or for some part of the general public.
An enterprise which conducts the retail and wholesale of
plants grown on the site, as well as accessory items such as clay
pots, potting soil, fertilizers, etc., directly related to their care
and maintenance.
Any commercial premises providing sleeping rooms where patients
or residents are lodged and furnished with meals and long-term nursing
care, including personal-care homes.
An advertisement used outdoors, including painted walls or
rock faces, of a product or service unrelated to the use of the land
or structure on which it is located, but not including official notices
or directional road signs of a governmental body.
A building where passenger vehicles may be stored on short-term,
daily or overnight off-street parking.
A reasonable level of space, available for parking one motor
vehicle, and having dimensions of 10 feet in width and 20 feet in
depth, or 200 square feet, exclusive of passageways, driveways or
other means of circulation of access.
A courtyard with or without railings and without a roof or
awning, adjacent to or near a dwelling, but not a part of the dwelling,
and intended to be used as an area for seating, dining or recreation
outdoors.
Support for a building or structure consisting of either
poured concrete, concrete blocks, cinder blocks, brick, pressurized
wood or stone to form a horizontal pad or vertical wall on which the
building or structure is placed and is intended to remain indefinitely.
In the case of mobile homes, permanent placement on such a foundation
is intended to first require the removal of the wheels and chassis
from the mobile home.
Any and all commercial mobile services, unlicensed wireless
services and common-carrier excess exchange access services.
[Added 12-10-2001 by Ord. No. 7-2001]
Any and all facilities for the provision of personal wireless
services, including but not limited to communication towers, communication
antennas, communication equipment, buildings and related wireless
service facilities.
[Added 12-10-2001 by Ord. No. 7-2001]
A building used for religious services, including churches,
synagogues, mosques, and similar edifices.
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot, size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of this chapter.
The Planning Commission of the Borough of Summit Hill.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
Domestic fowls, such as chickens, turkeys, ducks or geese,
raised for flesh or eggs.
Something owned, operated and supported by private individuals
or a corporation, rather than by government and not available for
public use.
Something owned, operated and supported by the community
or the people for the use or benefit of the general public.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq., known as the "Sunshine Act."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A 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.
[Added 12-10-2001 by Ord. No. 7-2001]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency. Any report used, received or considered by the body,
board, officer or agency rendering a determination or decision shall
be made available for inspection to the applicant and all other parties
to any proceeding upon request, and copies thereof shall be provided
at cost of reproduction.
Any dwelling in which more than three but not more than 20
persons, either individually or as families, are housed or lodged
for hire with or without meals. A rooming house furnished room house
shall be deemed a boardinghouse.
PUBLICA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, the total system being operated by a municipal agency or authority.
CENTRALIZEDA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area or subdivision.
INDIVIDUAL or ON-LOTAny structure designed to biochemically treat sewage within the boundaries of an individual lot.
A vegetative material of sufficient height and density to
conceal from the view of property owners on adjoining residential
lots the structures and uses on the premises on which the screen planting
is located.
A group of stores planned and designed for the site on which
it is built, functioning as a unit, with off-street parking provided
on the property as an integral part of the unit.
An advertisement displayed outside a building, pertaining
to a product, service or name, related directly to the permitted activity
carried on and use of the lot on which it is placed, including painted
walls and structures. This definition does not include flags or pennants
or other insignia of any government or government agency or any civic,
charitable, religious, fraternal, or similar organization.
The area defined by a frame or edge of a sign. Where there
is no frame or edge to the sign, the area shall be defined by a projected,
enclosed, four-sided (straight sides) geometric shape which most closely
outlines the said sign.
A sign directing attention to a business or profession conducted
on the same lot, or as incidental to a business, to products sold
upon the same lot.
A sign which is for directing patrons or attendants to an
establishment off the main traveled highway or to service clubs, churches
or other nonprofit organizations.
A sign supported by uprights or braces placed upon the ground
and not attached to a building.
A sign which is attached to a building or other structure
and extended beyond the line of a building or structure or beyond
the surface of that portion of the building or structure which it
is attached.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, right-of-way, boundaries,
all essential dimensions and bearing of any other information deemed
necessary by the Zoning Hearing Board.
A room or building used for friendly or convivial gatherings.
Any uses considered to have special requirements in certain
zones or districts where the conditions described for permitting each
such use have been enumerated in this chapter and where permission
for such use can only be given by the Zoning Hearing Board.
A story is that part of a building between the surface of
any floor and the next floor above it or, in its absence, then the
finished ceiling or roof above it. A split-level is six feet or more
above the level of the line of the finished floor next below it. Any
floor under a sloping roof at the top of a building which is more
than four feet below the top plate shall be counted as a story, and
if less than four feet below the top plate, it shall be counted as
a half-story. A basement shall be counted as a story if it averages
more than five feet above grade.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. This strip of land includes the entire right-of-way, not
just the cartway. Streets are further classified according to the
functions they perform:
ARTERIALA major street located and designed for the continuous movement of heavy volumes of all types of comparatively short-haul vehicular traffic between communities and for collecting and distributing traffic to and from expressways.
CUL-DE-SACA local street intersecting another street at one end and terminating in a vehicular turnaround at the other.
MARGINAL ACCESSA local street, parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and control of intersections with the major street.
MINORA street providing local access to residences and other uses along its sides.
PERIMETERAny existing street to which the parcel of land to be subdivided abuts on only one side.
COLLECTORA street located and designed for all types of intracommunity vehicular traffic, and functioning to carry traffic to the arterials.
The line dividing a lot from the full street right-of-way,
not just the cartway. The word "street" shall be defined as above.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land and includes,
among other things, buildings, stadiums, platforms, radio towers,
sheds, carports, storage bins, fences and display signs.
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 lease, 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.
PRIVATEAny private swimming pool permanently attached to or temporarily erected on or in the ground, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet.
COMMUNITY or CLUB (PUBLIC or SEMIPUBLIC)Any public or semipublic swimming pool shall be construed to mean any outdoor pool constructed by a unit of government for use by residents of the Borough or region and their guests or by an association of property owners or by a private club solely for the use and enjoyment of members of the association or clubs and their families.
A raised level or platform of earth, support on one or more
faces by a wall, a bank of turf, or the like; or a series of such
raised levels or platforms arranged one above the other on a slope.
A vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel, recreational, and vacation
use, permanently identified "travel trailer" by the manufacturer on
the trailer and, when factory-equipped for the road, having a body
width not exceeding eight feet, and being of any length, provided
its gross weight does not exceed 4,500 pounds, or being of any weight,
provided its body length does not exceed 29 feet.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
[Added 1-13-2009 by Ord. No. 2-2009]
The offering of telecommunications service using duly authorized
devices which do not require individual licensees, but does not include
the provision of direct-to-home satellite services.
[Added 12-10-2001 by Ord. No. 7-2001]
The specific purpose for which land or a structure or building
is designed, arranged, intended, or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
A use that is incidental and subordinate to, but customarily
found in connection with, the principal use on the lot.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A use which shall only be permitted by the Borough Council pursuant to the provisions of Article V this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The main use on a lot.
The use of land or structure of building located on a lot
for a limited time as regulated by this chapter.
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised as required by
the provisions of this chapter for an adjustment the application to
a specific piece of property of some regulation which, if strictly
adhered to, would result in an unnecessary hardship, and where the
permission granted would not be contrary to the public interest, and
would maintain the spirit and original intent of the chapter.
PUBLICA system for supplying and distributing water from a common source to dwellings and other buildings, generally not confined to one neighborhood and operated by a municipal agency, authority or public utility.
CENTRALIZEDA system for supplying and distributing water from a common source to two or more dwellings and/or other buildings within a single neighborhood or subdivision.
INDIVIDUAL or ON-LOT (WELLS)A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
The blades, plus the hub to which the blades are attached,
that are used to capture wind for the purpose of energy conversion.
The wind rotor is mounted on a pole or tower or other suitable structure
along with other generating and electrical equipment to form a wind
turbine.
[Added 1-13-2009 by Ord. No. 2-2009]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, wind rotor, tower, and pad transformer, if any.
[Added 1-13-2009 by Ord. No. 2-2009]
An unoccupied space open to the sky, on the same lot with
a building or structure, but not intended to mean "court."
An open, unoccupied space on the same lot with a main building,
extending the full width of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street right-of-way line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the building.
A building shall not extend in to the required rear yard.
The designation of specified districts or zones within the
municipality, reserving them for certain uses, together with limitations
on lot area and size, heights of structures and other stipulated requirements.
See "Board or Zoning Hearing Board."
The officially adopted Zoning Map of the Borough of Summit
Hill, Carbon County, Pennsylvania, containing zoning districts, together
with all amendments subsequently adopted.
The Zoning Officer or his authorized representative appointed
by the Summit Hill Borough Council.
The Zoning Ordinance of the Borough of Summit Hill.
The written authorization issued by the Zoning Officer for
the use of land or buildings or other structures.
