Borough of Lewisburg, PA Definitions

Can hold one bicycle;

Is made of durable material;

Is designed to fully protect the bicycle against rain, snow, ice and high winds;

Provides secure protection from theft;

Opens sufficiently to allow bicyclists easy access; and

(6)

Is of a character and color that adds aesthetically to the immediate environment.

BIKE RACK

A device consistent with the industry standards that:

[Added 8-15-2023 by Ord. No. 1076]

Is capable of supporting a bicycle in a stable position;

Is made of durable materials;

Is no less than 36 inches tall (from base to top of rack) and no less than 1.5 feet in length;

Permits the securing of the bicycle frame and one wheel with a U-shaped lock; and

BULK REGULATIONS OR REQUIREMENTS

Is of a character and color that adds aesthetically to the immediate environment.

BLOCK

A tract of land bounded by streets, or by a combination of streets, alleys, public parks, cemeteries, railroad rights-of-way, waterways or any municipal boundary.

BOARDING HOUSE

A dwelling, other than a membership club, fraternity or sorority, dormitory, motel or hotel, in which lodging is provided on a weekly or monthly basis without meals for one or more persons in addition to the family occupying said dwelling.

BOROUGH

The Borough of Lewisburg, Union County, Pennsylvania.

BOROUGH CODE

The Code of the Borough of Lewisburg.

[Added 5-18-2021 by Ord. No. 1062]

BOROUGH COUNCIL

The Borough Council of the Borough of Lewisburg.[1]

BUFFER AREA

A portion of a site intended to provide a visual barrier between different land uses or to shield, block or provide other protection from noise, light or nuisance between adjacent parcels of land to lessen the impacts of incompatible land uses.

BUILDING

A combination of materials forming any structure that is erected on the ground and permanently affixed thereto, that has a roof supported by columns or walls and that is designed, intended or arranged for the shelter, enclosure, housing or structural support of persons, animals, process, equipment, goods or materials of any kind. The term "building" shall not include driveways, parking spaces or parking lots.

BUILDING COVERAGE

The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.

BUILDING, DETACHED

A building surrounded by open land on all four sides within the same lot.

BUILDING HEIGHT

The vertical distance measured from the finished grade level of the land at the front setback to the top of the highest roof point, not including chimneys, cupolas and other accessory structures such as weather vanes.

[Amended 4-17-2012 by Ord. No. 1013]

BUILDING LINE

A line parallel to the street or right-of-way line touching that part of the building closest to the street.

BUILDING MASS

The height, width and depth of a structure.

BUILDING SCALE

The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.

BUILDING, SEMIDETACHED

A building that has one wall in common with an adjacent building.

Standards and controls that establish the maximum size of buildings and structures on a lot and the area in the lot within which the buildings can be located, including coverage, setbacks, height and floor area ratio requirements.

CALIPER

The diameter of a tree trunk four feet above grade.

CAMPGROUND

Land used for the purpose of providing a space or spaces for six or more tents or two or more trailers or recreational vehicles for temporary (180 days or less) purposes, regardless of whether or not a fee has been charged for the leasing, renting or occupancy of the space.

CANOPY

A structure made of metal, aluminum or other material intended to be freestanding or affixed to a building and that serves as an overhang intended to shield persons from the elements.

CELLAR

See "basement."

CENTRAL WATER OR SEWER

A water or sewer distribution system that serves facilities or a community on an area-wide or regional basis. The facility company must be approved by and/or licensed by the appropriate state or federal agencies.

CERTIFICATE OF ZONING COMPLIANCE

A document issued by the Zoning Officer certifying that the use, building or structure for which a zoning permit was issued has complied with all terms and conditions of said zoning permit and allowing occupancy.

CHANGE OF USE

Any use that substantially differs from the previous use of a building or land.

CHILD CARE CENTER

A state-licensed and/or -registered facility in which care is provided or is intended to be provided for seven or more children of any age at any time.

CHILD CARE HOME

A state-licensed and/or -registered facility that is a single-family dwelling in which child care is provided by the residents at any time for not more than six children under the age of 12, including any children under the age of 12 who are residents of the dwelling.

CHURCH

See "house of worship."

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the streets. (See § 360-23A.)

COLLOCATION

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

[Added 12-20-2016 by Ord. No. 1044; 5-18-2021 by Ord. No. 1062]

COMMERCIAL USE

Activity involving the sale of goods or services for profit.

COMMISSION

The Planning Commission of the Borough of Lewisburg.

COMMON OPEN SPACE

A parcel or parcels of land, an area of water or a combination of land and water within a development site that is designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall be deeded to an association of property owners, a nature and/or land conservancy or the Borough.

COMMUNITY ASSOCIATION or HOMEOWNERS' ASSOCIATION

An organization whose purpose is to own, maintain and/or operate common facilities and to enhance and protect the common interests of the organization's members.

COMMUNITY LIVING ARRANGEMENT

The use of a lawful dwelling unit to provide a living environment for unrelated residents who operate as the functional equivalent of a family, and where supervision and care by supportive staff may be necessary to meet the emotional, physical and social needs of an aged person, a disabled or handicapped person, a developmentally disabled person, a mentally ill person, and/or a child as defined in the appropriate federal or state statutes, provided that such person cannot reasonably be considered a threat to the physical safety of others, and/or was not previously convicted of a sexual offense committed against a minor.

COMPLETELY DRY SPACE

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

COMPREHENSIVE PLAN

The official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247,[2] as amended and reenacted, consisting of maps, charts, and textual material, that constitutes a policy guide to decisions about the physical and social development of the Borough of Lewisburg, as amended from time to time.

CONDITIONAL USE

A use that may not be appropriate in a particular zoning district as a whole but that may be suitable in certain locations within the district when specific conditions and factors described within this chapter for such uses are met. Conditional uses are permitted only by the Lewisburg Borough Council.

CONDOMINIUM

A form of ownership in which units of property, such as dwelling units or offices, in a building or group of buildings on a parcel of land, are owned by individual owners and the parcel, the structure of the building(s), the common areas and the facilities are owned jointly by all the unit owners; also, refers to one such unit or the building or group of buildings under such form of ownership.

CONSTRUCTION

The building, rebuilding, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes and/or mobile homes.

CONTIGUOUS

Next to, abutting or touching and having a boundary, or portion thereof, that is coterminous.

CONVERSION

A change in the use of land or structure that includes an increase in the number of dwelling units.

COUNTY

The county of Union, Pennsylvania.

COVENANT OR RESTRICTIVE COVENANT

A restriction on the use of land usually set forth in the deed or on a recorded plan.

CURB

The raised edge of a pavement confining surface water to the pavement and protecting the abutting land from vehicular traffic.

CURB CUT

The opening along the curb at which point vehicles or pedestrians may enter or leave the roadway.

DECISION

Final adjudication of matters subject to any land use ordinance by the Zoning Hearing Board or Lewisburg Borough Council, which has been granted jurisdiction under the land use ordinance(s) to make such adjudication, either by reason of the grant of exclusive jurisdiction or by reason of appeals from official determinations. Decisions shall be appealable to the Court of Common Pleas of Union County, Pennsylvania.

DECK

An aboveground platform which is not covered by a roof or permanent awning and is designed, intended or used for outdoor living purposes as an accessory use to a structure.

DENSITY

The number of families, individuals, dwelling units, households or structures per unit of land.

DESIGN STANDARDS

Guidelines defining parameters to be followed in site and/or building design and development.

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereof. Determinations shall be appealable only to the board(s) designated as having jurisdiction for such appeal.

DEVELOPER

A landowner, agent of such landowner or tenant with the permission of such landowner who causes to be made any subdivision of land or land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining, dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DISTRIBUTED ANTENNA SYSTEM (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 5-18-2021 by Ord. No. 1062]

DISTRICT, ZONING

A part, zone or geographic area within the Borough and indicated on the Zoning Map within which certain development or zoning regulations apply as spelled out in this chapter.

DORMITORY

A building owned or operated by a university or institution and designed for or used as sleeping quarters for the residents of that university or institution; includes academic interest houses.

DRIVE-IN or DRIVE-THROUGH

A structure or use whose design and/or physical facilities through which the service is provided encourages or permits customers to receive service, obtain goods or be entertained while remaining in their motor vehicles.

DRIVEWAY

A private roadway by means of which ingress and egress to a parking lot, a parking space or parking spaces, dwelling, garage or other structure is obtained and which intersects with a public roadway.

DWELLING

A building or structure designed for living quarters for not more than one family. In terms of this chapter, a dwelling shall not be deemed to include hotel, motel, dormitory, fraternity or sorority house, or bed-and-breakfast establishment.

DWELLING, APARTMENT

A dwelling unit in a multifamily or mixed-use structure.

DWELLING, EFFICIENCY

A dwelling unit that is occupied by not more than two occupants and that has a clear floor area of not less than 220 square feet or a dwelling occupied by not more than three occupants and that has a clear floor area of not less than 320 square feet. The clear floor area shall not include the kitchen area consisting of a kitchen sink, cooking appliance and refrigeration facilities each having a clear floor space of not less than 30 inches in front, and shall not include a separate bathroom, consisting of a water closet, lavatory and bathtub or shower.

DWELLING, MANUFACTURED HOME

A mobile home or manufactured housing, as defined herein.

DWELLING, MULTIFAMILY

A building on a single lot with three or more dwelling units.

DWELLING, SEASONAL

A dwelling unit not used as a principal residence.

DWELLING, SINGLE-FAMILY DETACHED

A free-standing dwelling.

DWELLING, SINGLE-FAMILY SEMIDETACHED

A dwelling attached to one other dwelling by a common vertical wall and located on a separate lot. For determining setbacks and other requirements, each dwelling is understood to have only a single side yard.

DWELLING, TWO-FAMILY

A building on a single lot with two dwelling units.

DWELLING STRUCTURE, PRIMARY

An existing single-family, duplex, or multifamily home with two or more rooms, including cooking, sleeping, and sanitary facilities, that shall be the primary dwelling structure on a single parcel when an accessory dwelling unit also occupies the same parcel.

[Added 8-15-2023 by Ord. No. 1076]

DWELLING UNIT

Two or more rooms including cooking, sleeping and sanitary facilities for the use of not more than one family.

DWELLING UNIT, ACCESSORY

See "accessory dwelling unit."

[Added 8-15-2023 by Ord. No. 1076]

EASEMENT

A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

EASEMENT, CONSERVATION

The grant of a property right stipulating that the described land will preclude any future or additional development.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.

[Added 5-18-2021 by Ord. No. 1062]

EMERGENCY

A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public, or has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

[Added 5-18-2021 by Ord. No. 1062]

ENGINEER

A professional engineer registered by the Commonwealth of Pennsylvania.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

[Added 5-18-2021 by Ord. No. 1062]

ESTABLISHMENT

An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.

EXCAVATION

Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land, on or beneath the surface thereof, whether exposed or submerged. It shall include the conditions resulting from such activity.

EXISTING GRADE OR ELEVATION

The vertical location of the ground surface prior to excavating or filling.

EXISTING USE

The use of a lot or structure at the time of the enactment of this chapter.

EXTENSION

An increase in the floor area beyond the existing exterior wall.

EXTERIOR WALL

Any wall that defines the exterior boundaries of a building or structure.

FAMILY

Any individual; two or more persons related by blood, marriage, legal adoption, foster placement, guardianship or other domestic bond; members of a community living arrangement; or a group of not more than a total of three persons not related by blood, marriage, legal adoption, foster placement, guardianship, other domestic bond or community living arrangement who live together as a single household. "Family" shall not be deemed to include tenants of a boarding, rooming or lodging house, nor group care facility, fraternity, sorority or hotel occupants.

FAMILY DAY-CARE HOME

A residence offering child day care and/or adult day care services by the residents of the premises to a maximum of six persons unrelated by birth or marriage who are not permanent residents of the household.

FCC

Federal Communications Commission.

[Added 5-18-2021 by Ord. No. 1062]

FENCE

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

FENCE, SOLID

A fence with less than a 5% open area, including gates, concealing the activities conducted on a property from adjacent properties and rights-of-way.

FLOOD

A temporary inundation of normally dry land areas.

FLOOD, ONE-HUNDRED-YEAR

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent-chance of occurring each year, although the flood may occur in any year).

FLOOD ELEVATION, ONE-HUNDRED-YEAR

The water surface elevations of the one-hundred-year flood.

FLOOD FRINGE (FF)

The portions of land within the one-hundred-year floodplain that are outside of the floodway in those areas where detailed study and profiles are available and that are identified as an AE Zone in the Flood Insurance Rate Map.

FLOODPLAIN AREA

The area specifically identified as being inundated by the one-hundred-year flood, including areas identified as floodway (FW) and floodway fringe (FF). Identification of such an area is determined by a study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, the State Department of Environmental protection or a licensed professional registered by Commonwealth of Pennsylvania to perform such a study.

FLOOD-PRONE AREA

A relatively flat or low land area that 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 waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures that reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY (FW)

The channel of a watercourse and portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year frequency flood and that are identified as floodway in the Flood Insurance Study and accompanying maps prepared by the FEMA and dated September 28, 2007, or the most recent revision thereof; or, in an area where the boundary of the floodway of the one-hundred-year frequency flood is not identified, are assumed to be, absent evidence to the contrary, those areas that are within 50 feet of the top of the bank of any stream.

FLOOR AREA, GROSS (GFA)

The sum of the gross horizontal areas of all the enclosed floors of a building or structure from the exterior face of the exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.

FLOOR AREA, HABITABLE

The aggregate of the horizontal area of all rooms used for habitation, such as living room, dining room, kitchen and bedroom(s) but not including hallways, stairways, cellars, service rooms, utility rooms, bathrooms, closets, unheated areas such as enclosed porches nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of the room where ceiling height is less than five feet shall not be considered part of the "habitable floor area."

FLOOR AREA, NET

Gross floor area minus 15%.

FLOOR AREA RATIO

The gross floor area of all buildings or structures on a lot divided by the total lot area.

FOOTCANDLE

A standard measurement of illuminance.

FOOTCANDLE, INITIAL

The amount of illuminance, measured in footcandles, produced by lamps and luminaires when they are new.

FORESTRY

The management of forested and wooded open space when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes.

FRATERNITY OR SORORITY HOUSE

Any building or part thereof officially recognized and designated by a college or university as a residence for the members and alumni of a fraternity or sorority and/or their social, scholastic, professional and extracurricular activities.

FREEBOARD

An additional amount of height above a flood elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with floodplain management regulations.

FRONT FACADE AREA

The area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of structure to the public rights-of-way.

[Added 5-18-2021 by Ord. No. 1062]

FRONTAGE

That side of a lot abutting on a street that serves as the front lot line. The front lot line shall be identified by the official U.S. postal address of any structure on the lot.

FULL CUTOFF

Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10 degrees below that horizontal plane, at all lateral angles around the fixture.

FULLY SHIELDED

Attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles.

GARAGE, PRIVATE

An enclosed structure for the storage of one or more private motor vehicles incidental to the primary use of the premises, provided that no business, occupation or service is conducted therein.

GARAGE, PUBLIC

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

GARAGE, REPAIR

A building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

GARDEN APARTMENT HOUSE

A multifamily dwelling, not exceeding three stories in height, containing three or more dwelling units on a lot that is held in single and separate ownership having yards in common but that may also have other shared facilities and services.

GASOLINE SERVICE STATION WITH OR WITHOUT A CONVENIENCE STORE

A structure, building or area of land or any portion thereof that is used for the sale of gasoline or other motor vehicle fuel and oil and/or other lubricating substances that may or may not include facilities for sale of accessories or for lubricating, washing and otherwise servicing motor vehicles, but not including the painting thereof. Sale of nonautomotive items is permitted.

GLARE

Excessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.

GOVERNING BODY

The Borough Council of the Borough of Lewisburg.

GRADE

The average elevation of the land around a building; the percent of rise or descent of a sloping surface. The slope is expressed in a percent that indicates the rate of change in elevation in feet per hundred feet.

GRADE, FINISHED

The final elevation of the ground level after development.

GRADE, NATURAL

The elevation of the ground level in its natural state, before construction, filling or excavation.

GRANDFATHER (GRANDFATHERED, GRANDFATHERING)

A term that refers to the legal principle that nonconformities existing at the time of enactment of an Ordinance or its subsequent amendment shall be permitted to continue to exist unaltered despite their designation as nonconformities.

GREENWAY

A linear open space established along a corridor, either natural or man-made, such as a watercourse or ridgeline overland along a right-of-way converted to recreational use; a canal, a scenic road or other route; any natural or landscaped course for pedestrian or bicycle passage; an open space connector linking parks, natural reserves, historic features, cultural features, scenic views or aesthetic features with each other and with populated areas; and, locally, certain strip or linear parks designated as a parkway or greenbelt.

GROUP CARE FACILITY

A facility providing food, shelter and personal guidance, with supervision, to persons who require assistance, temporarily or permanently, in order to live in the community. Such facilities shall include group homes, halfway houses, intermediate care facilities, supervised living arrangements, domestic abuse shelters, congregate residences or long-term care facilities. Group care facilities shall not house more than 15 residents.

HABITABLE ROOM

A room or enclosed floor space arranged for living, eating or sleeping purposes, not including bath or toilet rooms, laundries, pantries, foyers or communicating corridors.

HAZARDOUS SUBSTANCE

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

HEALTH CARE FACILITY

A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.[3]

HEIGHT OF A TOWER-BASED WIRELESS COMMUNICATIONS FACILITY

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

[Added 5-18-2021 by Ord. No. 1062]

HEIGHT OF A WIRELESS SUPPORT STRUCTURE

The vertical distance measured from the ground level, including any base pad, to the highest point on a communications tower, including communications antennas mounted on the tower and any other appurtenances.

[Added 5-18-2021 by Ord. No. 1062]

HEIGHT OF SIGNS

The vertical distance measured from the average finished grade at the front of the structure to which the sign is affixed to the highest point of the sign, including any supporting structure.

HISTORICAL AND ARCHITECTURAL REVIEW BOARD (HARB)

A seven-member committee appointed by the Lewisburg Borough Council responsible for reviewing plans for new construction and changes to the exterior of a structure within the Historic District and making recommendations to the Borough Council on whether a certificate of appropriateness should be issued. A certificate of appropriateness is required to obtain a building or zoning permit before making exterior changes visible from the street.

HISTORIC DISTRICT

A mapped overlay district within the Borough that contains buildings and structures of historic and/or architectural significance where additional standards and regulations apply.

HISTORIC STRUCTURE

Any structure that is:

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

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

Listed individually on a state inventory of historic places in states with historic preservation programs approved by the Secretary of the Interior.

INDOOR RECREATION FACILITY

Listed individually on the Pennsylvania Historical and Museum Commission building inventory of historic places in Lewisburg with historic preservation programs certified by an approved state program as determined by the Secretary of the Interior.

HOME OCCUPATION

Any occupation, other than a no-impact, home-based business as defined in this chapter, that is permitted under the provisions and conditions of this chapter, that is conducted on a residential property by a member of the family residing on said property, and that is clearly secondary and incidental to the use of the property for residential purposes and does not exceed 25% of the habitable floor area of the structures on the property. (See § 360-21G.)

HOSPITAL

Unless otherwise specified, includes a sanitarium, clinic, rest home, nursing home and/or any other building for the diagnosis, treatment or care of ailments.

HOTEL

Any building that contains six or more sleeping units used, or intended or designed to be used, occupied, rented or hired out on a daily basis for sleeping purposes by guests, that may include dining facilities and that is licensed under applicable laws.

HOUSEHOLD

A group of people living together in a single dwelling unit, with common access to and common use of all living, eating and food preparation areas within the dwelling unit.

HOUSE OF WORSHIP

A building or structure, or a group of buildings or structures, that by design and construction is primarily intended for organized religious services and associated accessory uses.

ILLUMINANCE

Quantity of light, measured in footcandles.

IMPERVIOUS COVERAGE

That portion of a lot, expressed as a percentage, that does not absorb precipitation. See "impervious surface."

IMPERVIOUS SURFACE

Any material that prevents absorption of stormwater into the ground. All buildings, structures, parking areas, roads, sidewalks, driveways, and other areas in concrete, asphalt, packed stone or other similar materials shall be considered impervious surface. Surfaces with a uniform spacing of openings for absorption of stormwater into the ground, such as decorative gravel areas, decks, pervious paving blocks and dry-laid masonry, shall be considered partially pervious. In determining total impervious coverage on a lot, partially pervious surfaces will be included in the calculation at 50% of their actual coverage.

A structure or building containing facilities for recreational activities, such as tennis, platform games, swimming, exercise rooms, handball and similar activities.

INDUSTRIAL USE

A use that involves the extracting, manufacturing, compounding, processing, assembling or treatment of materials, articles or merchandise. Industrial uses include mining, construction, manufacturing, transportation, communication, electric, natural gas services, sanitary services and wholesale trade.

INN

See "bed-and-breakfast establishment."

INSTITUTION

A nonprofit, religious or public use, such as a church, library, public or private school, hospital, or government-owned or -operated building, structure or land used for public purpose.

LAND DEVELOPMENT

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)

A group of two or more residential dwelling units or nonresidential buildings, whether the improvement is proposed initially or cumulatively, excluding the conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units or a rooming or lodging house; or a single nonresidential building, excluding an accessory building, including farm buildings, subordinate to an existing principal building, on a lot or lots regardless of the number of occupants or tenure; or

(b)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or

MEMBERSHIP CLUB OR CLUB HOUSE

A subdivision of land.

LAND DEVELOPMENT PLAN

The graphic and narrative documentation for land development.

LANDSCAPE ARCHITECT

A landscape architect registered by the Commonwealth of Pennsylvania.

LAND USE REGULATIONS

Ordinances duly adopted by the Borough, pursuant to applicable commonwealth-enabling statutes, including but not limited to the Zoning Ordinance, the Subdivision and Land Development Ordinance, Building Codes, Property Maintenance Codes, Historic District Ordinance, Stormwater Management Ordinance and Floodplain Management Ordinance.

LIGHT TRESPASS

Light emitted by a lighting fixture or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.

LOADING SPACE OR BERTH

Any off-street space on the same lot with a building or contiguous to a group of buildings for temporary parking (less than 24 hours) of a commercial vehicle while loading or unloading merchandise or materials.

LOGO

A name, symbol or trademark designed for easy and definite recognition.

LOT

A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, that is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall also mean parcel, plot, site, tract or any similar term.

LOT AREA, GROSS

The area of land contained within the limits of the property lines bounding that area.

LOT, CORNER

A lot at the point of intersection of and abutting on two or more intersecting streets that has an interior angle of less than 135 degrees at the intersection of the two street lines. The front lot line shall be identified by the official U.S. postal address of any structure on the lot.

LOT DEPTH

The distance measured from the front lot line to the rear lot line.

LOT LINE

Any boundary line of a lot. Where a lot line is irregular, its mean alignment shall be the determining measurement under this chapter.

LOT OF RECORD

A lot whose boundaries are established by deed and/or plot plan recorded in the Office of Register and Recorder.

LOT WIDTH

The distance measured at the building setback line between side lot lines and parallel to the front lot line. When there is only one side lot line, as in the case of single-family semidetached or some single-family attached dwellings, the lot width shall be measured between the side lot line and the centerline of the party wall. In no case shall the street frontage be less than 1/2 of the required lot width in the particular zoning district.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement/cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of the National Flood Insurance Program and this chapter.

LUMEN

A standard unit of measurement of the perceived power of light.

LUMINAIRE(S)

A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

MAJOR EXPANSION

An expansion of a use either due to a physical expansion of an existing facility by more than 25% of the existing gross floor area, and/or a structural alteration to the exterior of the structure, and/or a change or improvement that increases vehicular traffic flow and/or circulation in relation to that of the prior use.

MANUFACTURED HOUSING

Factory-built structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.

MARQUEE

A permanent, roof-like structure supported by a wall of a building but having no relationship to the building's roof structure and usually at the entrance of a theater or arena.

MEAN

The average of a series of numbers.

A nonprofit social organization with formal membership requirements, bylaws and with the objective of promoting the interests of its members.

METHADONE TREATMENT FACILITIES

Drug treatment facilities employing the use of methadone and subject to locational regulations as outlined in § 621 of the Pennsylvania Municipalities Planning Code.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MINOR EXPANSION

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

MIXED-USE

Use of a building or land for more than one use.

MIXED-USE STRUCTURE

A building or structure housing a variety of uses such as, but not limited to, residential, office, retail, public or entertainment.

MOBILE HOME (COMMERCIAL)

A transportable manufactured single-family detached dwelling built on a permanent chassis, 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 with or without a permanent foundation. A mobile home shall remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. The term does not include recreational vehicles or travel trailers. Also see "dwelling, manufactured home."

MODEL HOME

A residential building erected on a lot situated within an approved subdivision owned or developed by the owner of said structure and intended to serve as a representation of the kind or type of residential building the owner/developer intends to erect within said subdivision. Said building shall be used for demonstration purposes and shall include sales offices only for that period of time that the owner/developer is actively marketing the lots in said subdivision.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

[Added 5-18-2021 by Ord. No. 1062]

MOTEL

See "hotel."

MUNICIPAL BUILDING

Any building owned, leased or used by the Borough of Lewisburg or any agency or authority created by the Borough of Lewisburg.

MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247,[4] as amended and reenacted from time to time.

MUNICIPALITY

The Borough of Lewisburg.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the date of the enactment of this chapter, including any subsequent improvements thereto.

NO-IMPACT, HOME-BASED BUSINESSES

A business or commercial activity administered and conducted as an accessory use clearly secondary to the residential use of the dwelling and that meets the following requirements:

The business requires no vehicular or pedestrian customer, client or patient traffic;

The business use requires no pickup, delivery or removal functions to or from the premises in excess of those normally associated with the residential use of the district in which it is to be located;

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

The business shall employ only residents of the dwelling;

NONCONFORMING BUILDING OR STRUCTURE

The business shall not involve the display or sale of retail goods on premises;

(6)

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

(7)

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

(8)

The business activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential uses in the neighborhood;

(9)

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

A building or structure, or part of a structure, that does not comply with the applicable provisions of this chapter or amendments heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment or amendment of this chapter or prior to the application of this chapter or amendments thereto to the structure's location by reason of annexation.

NONCONFORMING LOT

A lot whose area or dimension was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING USE

A use, whether of land or structure, that does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such Ordinance or amendment, or prior to the application of this chapter or amendment thereto to the use's location by reason of annexation.

NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)

Wireless communications facilities located or collocated on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

[Added 5-18-2021 by Ord. No. 1062]

NUISANCE

An interference with the enjoyment and use of property, capable of being documented by surveys, observations or measurements.

NURSING HOME

A building containing sleeping rooms where persons are housed or lodged and furnished with meals and nursing care and is operated by a corporation licensed and approved for such use by the Pennsylvania Department of Public Welfare.

OCCUPANCY PERMIT

A permit that is issued by the Code Compliance Officer after it has been determined that the required work allowing the use of any building or structure has been satisfactorily completed.

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files, communication equipment, etc.

OFFICE CENTER

A group of office establishments planned, constructed and managed as a total entity.

[Amended 8-15-2023 by Ord. No. 1076]

OFF-STREET PARKING

The transient storage of motor vehicles as an accessory use located upon the same lot as a permitted principal use to serve the parking requirements and needs of the principal use.

OFF-STREET PARKING SPACE

A parking space for one motor vehicle provided in a parking lot, parking structure or private driveway and excluding driveways, passageways and maneuvering space appurtenant thereto.

ON-LOT STORMWATER MANAGEMENT

The control of runoff from precipitation on the same lot where the runoff was generated. Devices used to control the runoff shall be constructed using best management practices as identified in the Pennsylvania Handbook of Best Management Practices for Developing Areas. Applicants should consult with the Union County Conservation District and a professional engineering consultant for guidance in the selection of appropriate best management practices.

OPEN SPACE

Unoccupied space open to the sky and on the same lot with the principal use. Open space shall usually be in a natural state, but may include planting beds, planting islands, landscaped buffers and screens, lawn areas, woods and hedgerows, decorative stone not less than four inches in size, stepping stones no larger than two feet by three feet (separated at least eight inches between stones) and natural mulch ground cover materials. Open space may not be underlain by impervious surface or material.

PARENT TRACT

A parcel or parcels of land from which additional lots are created.

PARKING AREA

Any public or private area designed and used for parking motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets.

PARKING LOT

Any off-street area or structure that is designed solely for the transient storage of motor vehicles and includes the driveways, passageways and maneuvering space appurtenant thereto.

PARKING, OFF-SITE

A parking area required to meet the parking requirements of this chapter located within 1,000 feet of the parcel containing the permitted principal use.

[Amended 8-15-2023 by Ord. No. 1076]

PARKING PLAN or PARKING SITE PLAN

A graphic and/ or narrative description provided by an applicant to meet the off-street parking requirements established in this chapter. If necessary, this plan shall be submitted with the application for a zoning permit.

[Amended 8-15-2023 by Ord. No. 1076]

PATIO

An area intended for outdoor living purposes that is paved or covered with brick or similar material, is flush with the ground and is unenclosed except for any side that may adjoin a structure or any fences, walls, shrubs or hedges.

PEDESTRIAN

A person traveling on foot; mobility device such as stroller, wheelchair or scooter; or human-powered conveyance such as bicycle, skateboard or roller skates.

PERMITTED USE

Any use not requiring special action by the Zoning Hearing Board or the Borough Council before the Zoning Officer may grant a zoning permit.

PERSON or PERSONS

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough, or to any department or agency of the Borough.

[Added 5-18-2021 by Ord. No. 1062]

PLANT NURSERY or NURSERY

Land or greenhouses used to raise flowers, shrubs and plants for sale.

POLE or POLES

Any freestanding structure located within the public rights-of-way, including, but not limited to, utility poles, streetlights, traffic lights and signage that may support, hold, or house wireless communications facilities, wireless accessory equipment, or related equipment.

[Added 5-18-2021 by Ord. No. 1062]

POP-UP BICYCLE PARKING

A bicycle rack that allows for the temporary securing of bicycles for events.

[Added 8-15-2023 by Ord. No. 1076]

PORCH

A roofed or unroofed structure projecting from the front, side or rear wall of a building. A porch becomes a room when the enclosed space is heated or air-conditioned and/or when the percentage of window area to wall area is less than 50%.

PRINCIPAL STRUCTURE

A structure housing the main or principal use of the lot on which the structure is situated.

PRINCIPAL USE

The primary or predominant use of any lot or parcel.

PRIOR APPROVED DESIGN

A design for a small wireless communications facility that has been reviewed and deemed to be in accordance with the design requirements herein and approved for construction by the Borough.

[Added 5-18-2021 by Ord. No. 1062]

PROFESSIONAL ENGINEER (PE)

An active, registered professional engineer (PE), licensed as such by the Commonwealth of Pennsylvania.

[Added 5-18-2021 by Ord. No. 1062]

PROFESSIONAL OFFICE

The office of a practitioner of a calling or occupation, professional in character by virtue of specialized knowledge, training, education and/or experience required for the practice of said calling or occupation. Said professions shall include, but not be limited to, law, medicine, chemistry, ministry, architecture, accounting, engineering, writing and education.

PUBLIC GROUNDS

Includes parks, playgrounds, picnic areas, swimming pools, trails, paths, recreational areas, schools or scenic or historic sites owned and operated by a governmental body or a nonprofit agency created by a governmental body.

PUBLIC HEARING

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

PUBLIC MEETING

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84, as amended), known as the "Sunshine Act."[5]

PUBLIC MEMORIAL or MONUMENT

A permanent and lasting memorial stone, structure or building requiring little or no maintenance, erected in remembrance of a person, persons, site or event of particular interest to the Borough of Lewisburg and its past, present and future residents and visitors.

PUBLIC NOTICE

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

PUBLIC PARKS, RECREATION AREA AND/OR RECREATION FACILITY

See "public grounds."

PUBLIC USE

Uses, buildings or structures designed, intended or arranged for the use of or provision of service to the general public by a governmental agency or any agency, authority or organization created by a governing body or a group of governing bodies. Fees and conditions for such use may be determined and regulated by the operator thereof. Such uses shall include, but not be limited to, federal, state, county and municipal offices, sewage treatment facilities, water distribution facilities, recreation facilities, public safety facilities, human service facilities and other similar uses. Such uses shall not include privately owned facilities.

PUBLIC UTILITY TRANSMISSION TOWER

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

PUBLIC WAY

Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

RECREATION, ACTIVE

Leisure time activities, usually organized and performed with others, requiring equipment and taking place at prescribed sites or fields.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, is designed to be self-propelled or permanently towable by a light-duty truck and is not designed for use as a permanent dwelling but is intended as temporary living quarters for recreational, camping, travel or seasonal use.

RECREATION AREA, OUTDOOR

An area for recreational activities, free of structures except for comfort facilities, equipment storage, play equipment, necessary maintenance and open-air pavilions for leisure time activities, either of a formal, active or inactive nature such as, but not limited to, sports fields or courts, playgrounds, trails, bike paths, picnicking, table games and similar activities not taking place in a building.

RECREATION, PASSIVE

Outdoor leisure activities not requiring equipment, not involving participation in an organized sport, not taking place at a prescribed site or field and/or not considered active.

RELATED EQUIPMENT or BASE STATION

Any structure or equipment at a fixed location, not including a tower or an antenna, that enables FCC licensed wireless communications between a user and a wireless network.

[Added 12-20-2016 by Ord. No. 1044]

REPLACEMENT

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

[Added 5-18-2021 by Ord. No. 1062]

REPORT

Any letter, review, memorandum, compilation or any other similar written document made by any agency, board, council, officer or consultant other than a solicitor to any other agency, board, council, officer or consultant for the purpose of assisting the recipient of the report in rendering any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient agency, board, council, officer or consultant, nor shall any appeal lie therein. Any report used, received or considered by the agency, board, council, officer or consultant rendering a determination or a decision shall be made available for inspection to any party to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESIDENTIAL BICYCLE PARKING

Permanent bicycle parking that is fully protected from the weather.

[Added 8-15-2023 by Ord. No. 1076]

RESIDENTIAL DWELLING LOT

A lot upon which a residential unit is located or is to be located.

RIGHT-OF-WAY

A segment or strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, crosswalk, railroad, trail, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses.

RIGHT-OF-WAY, PUBLIC

A right-of-way under the control or ownership of the Borough, the Commonwealth of Pennsylvania, the United States of America and/or agencies and authorities of these governmental units.

ROOMING HOUSE OR LODGING HOUSE

An owner-occupied, single-family dwelling in which lodging without meals is provided on a monthly basis and in which more than three unrelated persons live.

[Amended 1-20-2015 by Ord. No. 1033]

SALE, GARAGE, YARD, BASEMENT OR OTHER TEMPORARY OR ISOLATED

Transactions classified as "isolated," per the PA Department of Revenue sales tax rules and regulations; that is, sales which last for no more than three days in a row and which are held for no more than seven total days in any calendar year.

SATELLITE DISH

A dish antenna used to receive and transmit signals relayed by satellite.

SCREENING

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

SEMIPUBLIC USE

A use owned or operated by a nonprofit, religious or educational institution and providing educational, cultural, recreational, religious or other similar public services or programs. This term does not include houses of worship.

SETBACK

A line within a property defining the minimum distance as established by this chapter between any structure to be erected or altered and an adjacent right-of-way, street or property line. The setback line shall be measured at right angles and run parallel to the adjacent street, right-of-way or property line.

SHOPPING CENTER, SHOPPING MALL or SHOPPING PLAZA

A group of commercial establishments planned, constructed and managed as a total entity.

[Amended 8-15-2023 by Ord. No. 1076]

SIDEWALK

A usually paved walk for pedestrians at the side of a street.

SIGN

Any object, display or structure, or part thereof, that is used to advertise, identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination or projected images. The term "sign" includes "billboard." "Sign" does not include any work of art that in no way identifies a product or business, nor scoreboards located on athletic fields, and does not include the flag of the United States of America or the Commonwealth of Pennsylvania, or any federal, state or municipal traffic or directional sign or other official federal, state, county or municipal government signs.

SIGN, AWNING

A sign painted on or attached to an awning.

SIGN, BUSINESS

A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment event offered, on the premises where the sign is located.

SIGN, COMMERCIAL OR OFFICE CENTER

A directory used to identify specific enterprises that are located within the commercial or office center.

SIGN, FACE

The area of a sign that contains words, letters, figures, design symbols or projected images and is oriented in a distinct direction.

SIGN, FREESTANDING

A self-supporting sign in a fixed location and not attached to any building structure.

SIGN, GROSS ALLOWABLE AREA

The entire area within a single continuous perimeter enclosing the extreme limits of the face of a sign.

SIGN, INSTRUCTIONAL

An on-premises sign designed to guide vehicular and/or pedestrian traffic.

SIGN, INTERIOR

Any sign placed within a building, excluding window signs as defined in this chapter.

SIGN, INTERNALLY ILLUMINATED

A sign illuminated by artificial light projecting through its entire surface.

SIGN, MARQUEE

A sign painted on, attached to or consisting of an interchangeable copyreader on a marquee attached to the face of a building.

SIGN, NEON

An electrically powered sign that employs tubes of inert gas, including but not limited to neon, which give off a luminous glow.

SIGN, OFF-PREMISES

A sign that draws attention to, provides direction or communicates information about a business, service or commodity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises where the sign is located.

SIGN, PROJECTING

A sign, other than a wall sign, that is attached to and projects from a building face or wall, or from a structure whose primary purpose is other than the support of the sign.

SIGN, TEMPORARY

Any sign that is not permanently affixed. Daily special temporary signs display that day's menu or other information uniquely pertinent to the day on which the sign is displayed.

SIGN, TRADEMARK

A sign advertising a brand, style or line of goods, products and/or services, usually protected by copyright, having a design or logo immediately recognizable to the general public, intended for sale to regional or national audiences.

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that it does not project more than four inches from such building or structure and that the wall becomes its supporting structure or forms the background surface of the sign.

SIGN, WINDOW

A sign affixed to the surface of a window, or within two feet of the window, with its message visible to and readable from the public right-of-way.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following criteria:

[Added 5-18-2021 by Ord. No. 1062]

The structure on which antenna facilities are mounted:

(a)

Is 50 feet or less in height; or

(b)

Is no more than 10% taller than other adjacent structures; or

(c)

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities.

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume;

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under 47 CFR Part 17;

SPECIFIED ANATOMICAL AREAS

The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SPECIAL EXCEPTION PERMIT

A permit issued by the Zoning Officer, after authorization by the Zoning Hearing Board, before any special exception use can be constructed or operated.

SPECIAL EXCEPTION USE

A use requiring approval from the Zoning Hearing Board, after a public hearing, and meeting the requirements established for said use in this chapter.

Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

These activities include human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy and fondling or other erotic touching of the human genitalia, pubic region, buttocks or female breast.

STEALTH TECHNOLOGY

Camouflaging methods applied to broadcast transmission facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flagpoles and light poles.

[Added 12-20-2016 by Ord. No. 1044]

STORY

The portion of a building included between the surface of any floor and surface of the floor next above it or, if there is no floor above it, the space between any floor and the ceiling next above it. Each level of a split level building shall be considered 1/2 story. Basement/cellar shall be excluded from determining the maximum number of stories.

STORY, HALF

Any living space immediately below and within the roof framing where the clear height of not more than 75% of the space has structural headroom of seven feet or greater.

STREET

A public or private right-of-way built to approved municipal standards, excluding driveways and alleys, intended for use as a means of vehicular and pedestrian circulation that provides a means of access to abutting property. The word "street" shall apply to thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, road or similar terms. Streets shall not be used for right-angle parking where the Borough Council determines it will interfere with traffic movement. Streets are functionally classified as follows:

Arterials: Limited-access, multi-lane or other important highways, supplementing the interstate system, that connect principal urbanized areas, industrial centers and serve the national defense.

Collectors: Provide land access and traffic circulation within residential neighborhoods, commercial and industrial areas, and downtown city centers, connecting local roads and streets with arterials.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

Local: Roads and streets that provide a high level of access to abutting land but limited mobility.

STRUCTURAL ALTERATION

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

STRUCTURE

Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds and manufactured homes. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land. See "principal and accessory structure."

STUDENT

A person who is registered to be enrolled or who is enrolled and matriculating at Bucknell University as a full-time undergraduate student.

[Added 8-15-2023 by Ord. No. 1076]

STUDENT HOUSING

A building which contains a dwelling unit occupied by one or more students who are not related to each other by adoption or marriage or are not the great-grandparent, great-grandchild, grandparent, grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew, great uncle, great aunt, great nephew or great niece of each other.

[Added 8-15-2023 by Ord. No. 1076]

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development.

SUBSTANTIAL DAMAGE

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

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, before the improvement or repair is started; or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

A modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or wireless support structure if it meets any of the following criteria:

[Added 12-20-2016 by Ord. No. 1044; amended 5-18-2021 by Ord. No. 1062]

For wireless communications facilities outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for wireless communications facilities in the public rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater.

For communications towers outside the public rights-of-way, it protrudes from the edge of the tower by more than 20 feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater; for those wireless communications facilities in the public rights-of-way, it protrudes from the edge of the structure by more than six feet.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets.

It entails any excavation of deployment outside the current site of the communications tower.