City of Saint Marys, PA BACKGROUND PROVISIONS

Editor's Note: See 53 P.S. § 10601 et seq.

Editor's Note: See 32 P.S. § 679.101 et seq.

Editor's Note: The Zoning Map is on file in the City offices.

[Ord. 227, 12/18/2006; as amended by Ord. 261, 10/18/2010, § 1]

Word usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section.

Language interpretation. In this chapter, when not inconsistent with the context:

Words in the present tense imply also the future tense.

The singular includes the plural.

The male gender includes the female gender.

The word "person" includes an individual, incorporator's association, member(s) of a partnership or the officers of a corporation, as well as any similar entity.

The term "shall" or "must" is always mandatory.

Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm.

ACCESSORY BUILDING

Any building associated with an accessory use.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ACREAGE, GROSS

The total land area contained within a property or proposed site, including lands within a public or private street right-of-way.

ACREAGE, NET

The total land area contained within a property or proposed site, exclusive of lands within a public or private street right-of-way.

ACT

The latest version of the Pennsylvania Municipalities Planning Code, as amended or reenacted.[1]

ACT 13

Act 13 of 2012, enacted on February 14, 2012, as it may from time to time be amended.[2]

[Added by Ord. 275, 7/2/2012]

ADULT-RELATED USES

A business, club or establishment that engages in one or more of the following areas of sales, services, entertainment or activity:

ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body, when specified anatomical areas are exposed.

ADULT BOOKSTOREAny establishment which has as a substantial or significant portion of its stock-in-trade:

(1)

Books, films, magazines or other periodicals, or other forms of audio or visual representation, which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARETA nightclub, theater, bar, or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or message therapist, who is both nationally certified in therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork and who is a professional member with active status in good standing of the American Massage Therapy Association. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

ADULT MINI MOTION PICTURE THEATERAn enclosed or unenclosed building, with a capacity of more than five but less than 50 persons, used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated, or electronically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building, with a capacity of 50 or more persons, used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service, which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time, for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner, as defined in Subsection A of this definition above, licensed by the Commonwealth to engage in sexual therapy.

ADULT THEATERA theater, concert hall, auditorium, or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses.

AIRPORT ELEVATION

The highest point of an airport's landing area, measured in vertical feet from sea level. For the St. Marys Area Airport, this is 1,937 feet.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls; any renovation to a building which would change its use, location, and/or size.

AMUSEMENT ARCADE

A commercial establishment which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or fewer of such devices as an accessory use.

AMUSEMENT/THEME PARK

A principal use at which the general public is offered pleasurable diversion through a combination of attractions, eateries, booths, stands, rides, exhibits, performances, lodging, shops and/or recreational features, but specifically excluding adult-related uses, shooting ranges, and off-track betting parlors, as defined herein. In addition, "amusement parks" can include the provision of resident employee and guest services incidental to the visit or stay on the site.

ANIMAL HOSPITAL

Any establishment offering veterinary services. "Animal hospitals" can treat all types of animals and can include outdoor and overnight boarding of animals.

ANIMAL SHELTER

Any establishment that specializes in the collection, occupancy, distribution and/or euthanization of rescued animals.

APPROACH SURFACE

A surface, longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this chapter. In plan, the perimeter of the "approach surface" coincides with the perimeter of the approach zone.

APPROACH TRANSITIONAL, HORIZONTAL AND CONICAL ZONES

Those zones as set forth in § 231 of this chapter.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an "attic" shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, has an average ceiling height of five feet or more, and has a permanent stationary interior access stairway to a lower building story.

AUTOMOBILE AUCTION

A principal use whereby automobiles are stored for wholesale inspection and/or wholesale distribution.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.

AUTOMOBILE PARKING COMPOUND

A primary business where privately owned passenger vehicles may be stored for short-term, daily, or overnight periods.

AUTOMOBILE PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided, subject to the requirements listed in § 312 of this chapter.

[Amended by Ord. 279, 1/21/2013]

AUTOMOBILE PARTS STORE

Any building used for the retail sales and storage of automobile parts. No outdoor storage is permitted. No installation, repair or servicing of parts and vehicles shall be permitted.

AUTOMOBILE SALES

Any building or land devoted to the retail sales of passenger vehicles, including accessory service and repair facilities if conducted within a wholly enclosed building.

AUTOMOBILE SERVICE

The retail repair, servicing, maintenance and reconstruction of passenger vehicles, but not including car washes per se.

AUTOMOBILE STORAGE YARD

A use, either primary or accessory, where passenger vehicles are stored for periods exceeding a daily basis. Automobile storage shall not involve retail, nor wholesale, sales display areas.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

[Added by Ord. 268, 11/7/2011]

BASE FLOOD ELEVATION (BFE)

The projected flood height of the base flood; the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

[Amended by Ord. 268, 11/7/2011]

BASEMENT

Any area of a building having its floor subgrade (below ground level) on all sides. Within a dwelling unit, a basement shall not be counted as floor area nor as a story of permissible building height.

[Amended by Ord. 268, 11/7/2011]

BED-AND-BREAKFAST

A single-family detached dwelling where between one and 10 rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Breakfast may be offered only to registered overnight guests and is the only meal served.

BEEKEEPING

An accessory use to a farm permitted, in which bees are raised and/or kept in compliance with § 200, Subsection 2P(4), of this chapter.

BILLBOARD

A sign upon which images and/or messages of any kind are printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A "billboard" is used to advertise products, services or businesses at a location other than the premises on which the sign is placed or to disseminate other messages.

BOARDINGHOUSE

A detached building arranged or used for sheltering, or sheltering and feeding, for more than three and not more than 10 individuals that do not constitute a family.

BOULEVARD SIGN

Any sign which is placed on the property commonly known as the "Boulevard" and more specifically described as the median area between the northbound and southbound lanes of South St. Marys Street from its intersection with Railroad Street to and including its intersection with State Street. Any permit for such a sign shall be subject to all State laws and regulations of the Pennsylvania Department of Transportation.

BUILDING

Any combination of materials that forms a structure, either temporary or permanent, having walls and a roof or other covering, principally above ground, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes stated above. For the purposes of this section, the word "building" shall also include fuel or liquid storage tanks, manufactured homes and travel trailers without wheels, built on a chassis and affixed to a permanent foundation. See also "structure."

[Amended by Ord. 268, 11/7/2011]

DETACHEDA building which has no party wall.

SEMIDETACHEDA building which has only one party wall in common.

ATTACHEDA building which has two or more party walls in common.

BUILDING AREA

The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces, and steps.

BUILDING HEIGHT

A building's vertical measurement from the mean level of the ground abutting the building at its corners to the highest point of the roof.

BUILDING SETBACK LINE

The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

CAFE

An exterior seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business.

CAMPGROUND

A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

CAMP or COTTAGE

A seasonal detached dwelling unit with no permanent mailing address.

CAMPSITE

A plot of ground within a campground intended for occupation by a recreational vehicle or tent for periods not exceeding 90 continuous days.

CARPORT

An unenclosed structure 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 walls may be the walls of the main building to which the carport is accessory.

CARTWAY

That portion of a street or alley right-of-way that is intended for vehicular movement.

CELLAR

See definition of "basement."

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall include crematoria.

CERTIFICATE OF USE AND OCCUPANCY

A statement, signed by a duly authorized City officer, setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CHURCH AND RELATED USES

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day-care facilities.

CITY

The City of Saint Marys.

CLUBHOUSE

A building within which is housed an organization catering principally to members and their guests, except that the periodic rental of the premises to nonmembers shall be expressly permitted. "Clubhouses" shall include premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided that there are no vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include but are not limited to service and political organizations, labor unions, as well as social and athletic clubs. "Clubhouses" shall not be used for adult-related uses or off-track betting parlors, as defined herein.

CO-LOCATED COMMUNICATIONS ANTENNAS

Communication antennas that are co-located upon existing structures (e.g., utility transmission towers or poles, observation towers, communication towers, silos, steeples, smokestacks, water towers, flagpoles, buildings and other similar structures) are a permitted use.

[Added by Ord. No. 314, 11/18/2019]

COMMERCIAL KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product.

COMMERCIAL PRODUCE OPERATION

An agricultural use whereby plant materials are principally grown within an enclosed building and where such use exceeds a lot coverage of 10%.

COMMERCIAL RECREATION FACILITY

An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses, shooting ranges, amusement arcades, amusement/theme parks, horse racing with related wagering facilities, automobile race courses, zoos, nor off-track betting parlors, as defined herein.

COMMON OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development or the general public. Land included within the right-of-way lines of streets and stormwater detention basins with impervious surfaces shall not be classified as "common open space." "Common open spaces" shall not include required setbacks between buildings and street rights-of-way, driveways, access drives, parking areas, and property lines of the development. No dwelling unit, residential accessory buildings, or parking or loading areas may be located within "common open spaces."

COMMUNICATION ANTENNA TOWER

A principal use that employs a device incorporating a mast or reflective surface design that is used to transmit and/or receive radio or electromagnetic waves between land- or orbitally based uses, except that this use shall expressly exclude antennas associated with accessory uses that also comply with the height requirements of their respective zone.

COMPLETELY DRY SPACE

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

COMPREHENSIVE PLAN

The most recently adopted version of the Official Comprehensive Plan, City of Saint Marys, Elk County, Pennsylvania, including any amendments.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)

An agricultural use involving the commercial keeping and handling of livestock quantities with characteristics in both of the following subsections:

	100 horses
	100 dairy or beef cattle
	200 swine
	200,000 poultry, excluding turkeys
	200 sheep or veal
	5,000 turkeys

Plus the keeping and handling of livestock quantities exceeding an average adult weight for horses, dairy cattle and layer chickens and/or an average market weight of all other livestock of 2,000 pounds per acre, as referenced in the following table:

Livestock		Animal Size (pounds)
Cattle:
	Dairy	150-1,500
	Beef	400-1,400
	Veal	100-350
Swine:
	Pigs	35-200
	Gestating sow (limit fed)	275
	Sow and 8 pigs	375
	Boar (limit fed)	350
Sheep		100
Horse		1,000
Poultry (see following types):
	Layer; broiler; guinea	4
	Layer, heavy; roaster; duck	7
	Pullet; pheasant	3
	Turkey	20
	Chukar	1.5
Quail		0.5
Sources: PA DEP, Field Application of Manure, and Poultry Manure Management

CONDITIONAL USE

A use which may be appropriate to a particular zoning district only when specific conditions and criteria prescribed for such use have been complied with. "Conditional uses" are reviewed by the City Council after recommendations by the Planning Commission, in accordance with § 704 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONSERVATION PLAN

A plan, including a map(s) and narrative, that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

CONVENIENCE STORE

A business which specializes in the retail sales and/or rental of household products and foods. "Convenience stores" may also include any of the following, provided that each use has obtained the necessary respective approvals and it operates as an accessory use to the convenience store:

Retail sales or rental of books, magazines, videos, software, and video games, provided that adult-related uses are expressly prohibited.

Restaurants, including drive-thru or fast-food operations, provided that rest rooms are made available to the public.

Amusement arcades, with no more than two devices.

Automatic bank teller machines.

Photomats and film development drop-off sites.

Laundry, dry-cleaning and tailoring drop-off sites.

Lottery sales counters and machines.

Propane fuel sales with no larger than twenty-pound tanks, which must be stored outside of the building but within a locked enclosure at all times.

Dispensing of automobile fuels, oils, compressed air, kerosene, washer fluid, and other auto-related items, subject to the requirements of § 408 of this chapter.

[Amended by Ord. 279, 1/21/2013]

Car washes, subject to the requirements of § 415 of this chapter.

[Amended by Ord. 279, 1/21/2013]

Post offices and other parcel delivery drop-off sites.

CONVENTIONAL WELL

A bore hole to be drilled for the purpose of or to be used for the production of oil or natural gas, using only a vertical well bore.

[Added by Ord. 296, 2/15/2016]

CONVERSION APARTMENTS

The adaptation of one single-family detached dwelling to two or more dwelling units.

CUL-DE-SAC

A dead-end street equipped with a circular vehicle turnaround at its terminus.

DAY-CARE

The offering of care or supervision over minors or special-needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

DAY-CARE, ACCESSORYA day-care facility that is operated as an accessory use to a dwelling unit, in which care and supervision are offered to no more than three nonresidents of the site during any calendar day. These facilities are permitted by right in every zone.

DAY-CARE, FAMILYA day-care facility that is operated as an accessory use to a dwelling unit, in which care and supervision are offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered by the Department of Public Welfare of the Commonwealth of Pennsylvania.

DAY-CARE, COMMERCIALA day-care facility that offers care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, churches, industries, residential complexes, etc.); however, in no case shall a commercial day-care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include group child day-care homes and child day-care centers, as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania. All commercial day-care centers must obtain a valid certificate of compliance from the Department of Public Welfare and the Department of Labor and Industry of the Commonwealth of Pennsylvania prior to operation.

DENSITY, NET

The number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public and/or private streets.

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.

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

Attributable to mental retardation, cerebral palsy, epilepsy or autism.

Found to be attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.

Attributable to dyslexia resulting from a disability described in Subsections A and B of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DIGITAL CURRENCY MINING

The process where computers (also known as "nodes" or "mining rigs") validate blockchain transactions for a specific item of digital currency (often described as a "bitcoin" or "cryptocurrency") for a financial benefit.

[Added by Ord. No. 334, 1/16/2023]

DISABLED VEHICLE

A vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date.

DISPOSAL WELL

A bore hole to be drilled, or an existing well to be used, for the purpose of the injection of any liquid related to oil or gas production or storage, including the disposal of hydraulic fracturing chemicals or brine, but excluding the injection of gas or petroleum for storage purposes.

[Added by Ord. 296, 2/15/2016]

DISTRIBUTION

A process whereby materials, goods, or products are imported, stored by one person, and then delivered to another.

DOMESTIC PETS

The noncommercial keeping of no more than four adult nonfarm animals that are locally available for purchase as pets, as an accessory use to a dwelling unit.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm. (See also "joint-use driveway.")

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding-, rooming and lodging houses, institutional houses, tourists courts, and the like, offering overnight accommodations for guests or patients. All "dwellings" must be permanently affixed to a completely enclosed foundation, constructed of currently accepted materials, that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly due to frost action. In addition, all "dwellings" shall be properly connected to approved and permanently designed sewer, water, electrical and other utility systems.

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front and one side and one rear yard. Manufactured homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with Subsection F of this definition. Travel trailers, as defined herein, shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. (See Figure 1.)

DUPLEX (TWO-FAMILY; SINGLE-FAMILY SEMIDETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and one rear yard and two side yards. Those units constructed on individual lots shall have one front, one side and one rear yard. (See Figures 2 and 3.)

MULTIFAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (See Figure 4.)

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (See Figure 5.)

QUADRAPLEXOne detached building that contains four separate dwelling units, all of which share one or two points of exterior access.

MANUFACTURED HOMEFor the purposes of this chapter, all "manufactured homes," except those contained within manufactured home parks, shall be governed by all regulations applicable to single-family detached dwellings and the following:

(1)

All apparatuses used to tow or transport the manufactured home (including but not limited to the towing hitch) shall be removed.

(2)

All manufactured homes and additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the- top or frame ties to ground anchors in accordance with the American National Standards, as specified in the Standard for the Installation of Manufactured Homes Including Manufactured Home Park Requirements (NFPA No. 501A-1974 [ANSI A119.3-1975]), as amended for Manufactured Homes in Hurricane Zones, or other appropriate standards, such as the following:

(a)

Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

(b)

Frame ties shall be provided at each corner of the manufactured home, with additional ties every 10 feet per side at intermediate locations for units 50 feet or more in length, and four ties per side for units less than 50 feet in length.

(c)

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth, excluding the tilling of the soil.

ECHO HOUSING (ELDERLY COTTAGE HOUSING OPPORTUNITY)

An accessory dwelling unit placed on a property for occupancy by either:

One person who is at least 50 years of age, or a handicapped and/or disabled person, who is related by blood, marriage or adoption to the occupants of the principal dwelling; or

The caregiver who is related by blood, marriage or adoption to the elderly, handicapped or disabled occupant(s) of the principal dwelling.

ESSENTIALLY DRY SPACE

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

FAMILY

An individual or individuals related by blood, marriage, or adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, up to four unrelated individuals who maintain a common household and live within one dwelling unit may be considered a "family." Finally, a "family" shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein.

[Amended by Ord. No. 314, 11/18/2019]

FARM

Any parcel of land with 10 or more acres which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARMERS' AND/OR FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. "Farmers' and/or flea markets" can include indoor and outdoor display or merchandise.

FARM OCCUPATION

An accessory use to the primary agricultural use of a property in which residents and up to two nonresidents engage in a secondary occupation conducted on the active farm.

FELLING

The act of cutting a standing tree so that it falls to the ground.

FENCE

A structure designed as a barrier to restrict the movement or view of persons, animals, property, and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width and/or depth of the front yard.

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.

FINANCIAL INSTITUTION

A bank, savings-and-loan association, credit union, finance or loan company, etc.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses or from the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION

The projected heights, in relation to the North American Vertical Datum of 1988 (NAVD 1988), reached by floods of various magnitudes and frequencies in the floodplain areas.

[Amended by Ord. 268, 11/7/2011]

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

[Added by Ord. 268, 11/7/2011]

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

[Amended by Ord. 268, 11/7/2011]

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOF

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

[Amended by Ord. 268, 11/7/2011]

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than a designated height.

[Amended by Ord. 268, 11/7/2011]

FLOOR AREA, GROSS

The sum of the floor areas of a building, as measured to the outside surfaces of exterior walls, and including all areas intended and designed for the conduct of a business or use.

FLOOR AREA, GROSS LEASABLE

The total floor area designed for occupancy by an owner or tenant, as measured to the center of interior joint walls and the exterior of outside walls.

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit, as measured to the outside surfaces of exterior walls, and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, and stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

FORESTRY

The management of forest and timberlands, when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

FORESTRY OPERATOR

An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.

FRONTAGE

The continuous horizontal distance shared between a public or private street and an adjoining lot.

FRONT BUILD-TO LINE

An area establishing the required location for all or a portion of a building's front facade, as measured from the street line.

FUNERAL HOME

A principal use for the preparation and viewing of the dead prior to burial or cremation. "Funeral homes" shall not include cemeteries, columbariums, crematoria, mausoleums, nor entombments but do include mortuaries.

GARAGE, PRIVATE

An accessory building, or part of a principal building, for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a non-occupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided that adequate off-street parking is still available on the same lot as the dwelling unit.

GARAGE SALE

The display of personal possessions, and those of friends, relatives and neighbors, for sale to the general public upon the property of one's residence.

GLARE

The effect produced by the collection of light with an intensity sufficient to cause unreasonable annoyance, discomfort or loss of visual performance or visibility.

[Added by Ord. No. 334, 1/16/2023]

GOLF COURSE

A golf course with a minimum of 675 yards of play in nine holes.

GROUP HOME

A dwelling operated by a reasonably responsible individual, family, or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age or emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. "Group homes" must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the City prior to beginning the use. "Group homes" shall be subject to the same limitations and regulation by the City as single-family dwellings.

HAZARDOUS MATERIAL

Materials which have the potential to damage health, endanger human life or impair safety.

HAZARDOUS WASTE

Those wastes defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for storage or treatment for any time span other than the normal transportation time through the City.

HAZARD TO AIR NAVIGATION

An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEALTH AND FITNESS CLUB

A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEAVY EQUIPMENT

Machinery, vehicles and other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include but are not limited to farm machinery, excavation equipment, commercial trucks and trailers, yachts, industrial machinery, etc.

HEIGHT, BUILDING

A building's vertical measurement from the average level at the corners of the building to the highest point of the roof.

HEIGHT, STRUCTURE

A structure's vertical measurement from the average level of the ground abutting the structure to the highest point of the structure.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take off and be stored.

HELIPORT

Any area of land or structure which is used or intended to be used for the landing and takeoff of helicopters, and any appurtenant areas which are used for heliport buildings or helicopter facilities or rights-of-way, together with all heliport buildings and facilities thereon, such as but not limited to fueling and maintenance equipment, passenger terminals and storage hangars.

HELIPORT PRIMARY SURFACE

The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

HIGHWALL

The face of exposed overburden and mineral in an open cut of a surface mining operation or for entry to underground mining activities.

HISTORIC STRUCTURE

Any structure that is:

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

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.

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

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

(1)

By an approved state program, as determined by the Secretary of the Interior; or

(2)

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

HOME OCCUPATION

A business or commercial activity that is conducted as an accessory use in a detached dwelling unit, except that a limited business or commercial activity which adheres to the definition of "no-impact home-based business," as defined herein, is permitted by right in any dwelling unit within any zone.

HORIZONTAL SURFACE

A horizontal plane located 150 vertical feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.

HORTICULTURE

The growing of vegetables, fruits, flowers, and other ornamental plants.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour per day basis and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A "hospital" use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms, with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

IDENTIFIED FLOODPLAIN AREA

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

IMPERVIOUS SURFACE

Any material that covers the land which inhibits the percolation of stormwater directly into the soil, including but not limited to buildings, pavement, and stormwater facilities that discharge stormwater off the site.

IMPORTANT NATURAL HABITAT

Any land area characterized by any or all of the following:

Wetlands, as defined by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered.

PNDI confirmed extant plant and animal species and communities that have a State Rank of S1 or S2.

Important bird areas as identified by the National Audubon Society.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that are associated with a use other than a single-family dwelling.

JOINT-USE DRIVEWAY

A common driveway that serves two to four adjoining dwelling units, as regulated in § 322.2 of this chapter.

[Amended by Ord. 279, 1/21/2013]

JUNK

Discarded materials that are stored awaiting potential reuse or ultimate disposal.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." (A "disabled vehicle" is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date.)

KENNEL

Any use, except for veterinary offices, as defined herein, in which two or more animals, excluding livestock, that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to dog or cat kennels.

LAND DEVELOPMENT

Any of the following activities on a single lot:

Construction of two or more residential buildings on a single lot, whether proposed initially or cumulatively.

Conversion of an existing building into four or more residential housing units, whether proposed initially or cumulatively.

Construction of one or more principal building(s) that are for a nonresidential use.

Expansion of an existing building that is for a nonresidential use which exceeds 1,000 square feet of gross floor area, whether proposed initially or cumulatively.

Construction or expansion of one or more building(s) that are for a residential or nonresidential accessory use which exceeds 1,500 square feet of gross floor area, whether proposed initially or cumulatively.

Construction of off-street parking facilities for 10 or more parking spaces, whether proposed initially or cumulatively.

The division or allocation of land or floor area between two or more occupants by means of streets, common areas, leaseholds, condominiums, buildings, or other physical features.

LANDING

A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.

LANDOWNER

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 land, shall be deemed to be a "landowner" for the purposes of this chapter.

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen between grade and to a height of six feet.

LANDSCAPE STRIP

An area used for the placement of ground cover and other ornamental vegetation.

LITTER

Discarded materials scattered about a site that are not normally associated with its use.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOP

To cut tree tops and slash into smaller pieces to allow material to settle close to the ground.

LOT

Any parcel or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot," "parcel" or "tract." Contiguous nonconforming lots of record under single and separate ownership shall be considered one "lot" for the purposes of this chapter. A "lot," as herein defined, may or may not coincide with a lot of record.

LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. "Corner lots" shall have two front yards, one side yard, and one rear yard.

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.

LOT, INTERIORA lot, other than a corner lot, the sides of which do not abut a street.

LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT COVERAGE

The area of a lot which is covered with an impervious surface (e.g., buildings, driveways, parking area, and sidewalks).

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse-frontage lots, the "depth" shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT FRONTAGE

That property line shared with a public or private street.

LOT OF RECORD

A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the office of the Recorder of Deeds in and for Elk County, Pennsylvania.

LOT WIDTH

The horizontal distance measured between side property lines. On corner lots, "lot width" shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line. Unless otherwise noted, "lot width" shall be measured at the building setback line and the street frontage.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, 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 space is not intended and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

[Amended by Ord. 268, 11/7/2011]

MANUFACTURE

A function involving the processing, conversion or production of materials, goods, or products.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to required utilities. This definition shall expressly exclude transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers, except that, for the purposes of § 230 (Floodplain Overlay Zone) of this chapter, any recreational vehicle, as defined herein, park trailer, travel trailer and other similar vehicle that is contained on the same parcel for more than 180 consecutive days shall be considered a manufactured home. Manufactured homes placed in parks shall meet the requirements for manufactured home parks listed in § 438 of this chapter. Manufactured homes placed on individual lots shall be considered "dwellings" and are bound by the requirements there imposed.

[Amended by Ord. 268, 11/7/2011]

MANUFACTURED HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use, for rent or sale.

[Amended by Ord. 268, 11/7/2011]

MANUFACTURED HOME SPACE

A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE STORAGE FACILITY

A detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.

MATURE TREES

Trees with a caliper of six inches or more, as measured four and 1/2 feet above grade.

MAXIMUM FLOOD ELEVATION

The water surface elevation of a flood which would completely fill the floodplain to the boundaries of the Floodplain Overlay Zone.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.

MEDICAL OR DENTAL CLINIC

Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MEDICAL RESIDENTIAL CAMPUS

A principal use whereby a comprehensive medical and residential environment primarily serves retirement-aged persons and/or those possessing some ailment or disability. "Medical residential campuses" also offer a variety of residential dwelling types determined by the occupants' respective needs for some level of nursing and/or medical care.

METHADONE TREATMENT FACILITY

Any use licensed by the Pennsylvania Department of Health that administers the drug methadone in the treatment, maintenance or detoxification of persons.

MINING

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; the removal of such materials through sale or exchange or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall expressly exclude the following:

The extraction of minerals by a landowner for the landowner's noncommercial use from land owned or leased by the landowner.

The extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway construction purposes of the Department of Transportation or the extraction of minerals under construction contracts with the Department if the work is performed under a bond, contract and specifications that substantially provide for and require reclamation of the area affected in the manner provided by the Act.

The handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process.

Dredging operations that are carried out in the rivers and streams of this Commonwealth.

The removal and sale of non-coal materials from retail outlets.

The extraction, handling, processing or storing of minerals from a building construction excavation on the site of the construction if the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals. For purposes of this section, the minerals removed are incidental if the excavator demonstrates that:

(1)

Extraction, handling, processing, or storing are conducted concurrently with construction.

(2)

The area mined is limited to the area necessary to construction; and

(3)

The construction is reasonably related to the use proposed for the site.

MINI-WAREHOUSE

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage, and no processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities shall be permitted. No unit shall exceed 600 square feet of gross leasable floor area.

MINOR REPAIR

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

MONOPOLE

A type of communication antenna tower that consists of a single pole or spire without guy wires or a ground anchor.

MOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms, with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

MUNICIPAL SERVICES

Those uses and facilities designed to furnish necessary support for the general public health, safety and welfare that are typically the responsibility of local governments and other locally operated service agencies and are not operated on a commercial basis. Such uses shall include but not be limited to:

City offices, meeting halls, garages, and storage yards.

Police, fire and ambulance stations and prisons.

Indoor community service uses and activities, including meeting rooms, classrooms, theaters, auditoriums, banquet and social halls, scout cabins, libraries, museums and galleries of materials that are not for sale, clubhouses, accessory cafeterias and kitchens, and other similar uses.

Outdoor community service facilities and activities, including fairgrounds, community bulletin boards and other similar uses.

Uses accessory to the above-permitted uses, including parking and loading spaces, signs, offices, rest rooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dumpsters, bleachers and other similar uses.

NATURAL GAS COMPRESSOR STATION

A facility designed and constructed to compress natural gas that originates from an oil or gas well or collection of such wells operating as a midstream facility for delivery of oil or gas to a transportation pipe line, distribution pipe line, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks, and other equipment.

[Added by Ord. 269, 11/7/2011; amended by Ord. 275, 7/2/2012]

NATURAL GAS PROCESSING PLANT

A facility designed and constructed to remove materials such as ethane, propane, butane, or other constituents or similar substances from natural gas to allow the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment designed and constructed to primarily remove water, water vapor, oil or naturally occurring liquids from natural gas.

[Added by Ord. 269, 11/7/2011; amended by Ord. 275, 7/2/2012]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after August 3, 1998, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after November 20, 1995, and any subsequent improvements thereto.

[Amended by Ord. 268, 11/7/2011]

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity, administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, nor pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

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

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

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

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

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

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

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

The business may not involve any illegal activity.

NONCOMMERCIAL KEEPING OF LIVESTOCK

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

NONCONFORMING LOT

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 zone in which it is located by reason of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such "nonconforming structures" include but are not limited to nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in the Zoning Ordinance 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 such ordinance or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

NON-PRECISION-INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.

NURSING, REST OR RETIREMENT HOME

Facilities designed for the housing, boarding, and dining associated with some level of nursing care.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area:

Which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water; or

Which is placed where the flow of the water might carry the same downstream to the damage of life and property.

OCCUPIED STRUCTURE

Any permanent building actually used for occupancy by humans or farm animals (cows, horses, pigs, sheep, goats and similar hooved animals and poultry).

[Added by Ord. 296, 2/15/2016]

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An "office" shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.

OFF-PREMISES ADVERTISING SIGN

A sign containing information or contents other than the name or insignia of the business or activity and a directional arrow or marking thereto which is placed or located on premises other than the property upon which an activity advertised is conducted and which includes any visual communication that is used to bring the subject of a business or activity to the attention of the public.

OFF-PREMISES DIRECTIONAL SIGN

A sign which contains only the name or insignia of the business and a directional arrow or geographical indication to said business or activity which is placed or located on premises other than the property upon which the activity or business is conducted.

OFF-TRACK BETTING PARLOR

A commercial use at which persons can visit to wager upon, and observe by remote television, the outcomes of events that are taking place elsewhere.

OIL or GAS

Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or other constituents or similar substances that are produced by drilling an oil or gas well.

[Added by Ord. 269, 11/7/2011; amended by Ord. 275, 7/2/2012][3]

ONE-HUNDRED-YEAR FLOOD

A flood which is likely to be equaled or exceeded once every 100 years (i.e., that has a one-percent chance of being equaled or exceeded in any given year). A study for 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, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood.

ONE-HUNDRED-YEAR FLOOD BOUNDARY

The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year). 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, or a licensed surveyor or professional engineer registered by the Commonwealth of Pennsylvania is necessary to define this boundary.

ONE-HUNDRED-YEAR FLOOD ELEVATION

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

ON-LOT SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.

ON-LOT WATER SERVICE

The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.

OPEN-PIT MINING

A principal mining use that involves the following excavation and related processes:

The removal of topsoil and overburden to facilitate.

The permanent removal, processing, sale and/or exchange of non-coal mineral resources; and

The reclamation of the site in a stable condition as required by the Noncoal Surface Mine Conservation and Reclamation Act.[4]

OPEN SPACE

A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building, or the complete area of an undeveloped parcel.

OUTDOOR FURNACE

Any equipment, device, apparatus, or any part thereof, which is installed, affixed or situated outdoors, for the purpose of combustion of fuel to produce heat or energy used to provide heat for an interior space or for a potable water source. An outdoor furnace may be permitted under this ordinance only as an accessory use in the Rural Conservation (R-C) Zoning District.

[Amended by Ord. 306, 9/18/2017]

OVERBURDEN

The strata or material overlapping a non-coal mineral deposit or in between non-coal mineral deposits in its natural state and material before or after its removal by surface mining.

PA DEP

The Pennsylvania Department of Environmental Protection.

PARKING COMPOUND

A primary retail sales business where passenger vehicles may be stored for short-term, daily, or overnight off-street parking and connected to a street by an access drive.

PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided, subject to the requirements listed in § 312 of this chapter.

[Amended by Ord. 279, 1/21/2013]

PARKING SPACE

An area located on private property, outside of the street right-of-way, used for the parking of one motor vehicle and having usable access to a street or alley. The space shall consist of a stabilized area of asphalt, concrete, gravel or other dust-free material.

[Amended by Ord. No. 314, 11/18/2019]

PARKS AND PLAYGROUNDS

Those facilities designed and used for recreation purposes by the general public that are not operated on a commercial basis. This definition is meant to include the widest range of recreational activities, excluding adult-related uses, amusement arcades, amusement or theme parks, golf courses, off-track betting parlors, racetracks, and shooting ranges. Such uses may include:

Outdoor park and recreation facilities, including athletic fields, courts, playgrounds, open play areas, stadiums, skating rinks, skateboard, stunt-bicycle or BMX-bicycle courses and other similar uses.

Indoor recreation facilities, including community centers, gymnasiums, weight and fitness rooms, tennis courts, gymborees, game rooms, bowling alleys, skating rinks, locker rooms, and other similar features.

Outdoor passive recreation facilities, including picnic pavilions, hiking, biking and fitness trails, park benches, fountains, statues and other memorials, barbecue grills, ponds, natural and cultural exhibits, amphitheaters, and other similar uses.

Outdoor community service facilities and activities, including fairgrounds, community bulletin boards and other similar uses.

Indoor and outdoor swimming pools, including related amenities, like bathhouses, wading pools, spas, snack bars, and other similar uses.

PennDOT

The Pennsylvania Department of Transportation.

PERMANENT SIGN

A sign, whether commercial or noncommercial, that is located on private property for the purpose of identifying or locating activities, businesses or facilities on such property and which is constructed of such materials that demonstrate an intent that the sign be affixed indefinitely. This definition is intended to include, but not be limited to, signs advertising the owner's political or religious beliefs or support for a particular public figure or public issue.

[Added by Ord. No. 331, 3/21/2022]

PERSON

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

PESTICIDE

Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.

PETROLEUM PRODUCT

Oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

PLANNED CENTER

A group of uses planned and designed as an integrated unit, with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include planned center sign, as regulated herein.

PLANNING COMMISSION

The Planning Commission of City of Saint Marys.

PRECISION-INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRE-COMMERCIAL TIMBER STAND IMPROVEMENT

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.

PREMISES

The property upon which an activity is conducted, as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the "premises" on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity, and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is non-buildable land or is a common or private roadway or is held by easement or other lesser interest than the premises where the activity is located.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the "primary surface" extends 200 feet beyond each end of that runway; for military runways or when the runway has no specifically prepared hard surface, or planned hard surface, the "primary surface" is as set forth in this chapter. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway center line.

PRINCIPAL WASTE-HANDLING FACILITY

A principal use whereby waste is brought to the site for storage, processing, treatment, transfer, or disposal.

PROCESSING

A function which involves only the cleaning, sorting, sizing and/or packaging of products and materials.

PROFESSIONAL BIOLOGIST

An individual with at least a graduate degree in aquatic and/or terrestrial biology and/or ecology and with a depth of knowledge in organisms and the processes of ecological systems.

PUBLIC HEARING

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 on zoning-related matters.

PUBLIC MEETING

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

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 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. "Public notice" for rezoning, special exception and/or variance requests shall also include the posting of a sign(s) at a conspicuous location(s) upon the subject property to notify potentially interested citizens; this sign(s) shall be posted at least one-week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

PUBLIC SEWER

A municipal sanitary sewer or a comparable community or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

PUBLIC UTILITIES

Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy, cable television or land-based telecommunications. This definition expressly excludes antennas or towers devoted to cellular, internet and/or telecommunications services.

[Amended by Ord. No. 314, 11/18/2019]

PUBLIC WATER

A municipal water supply system or a comparable community water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.[6]

QUALIFIED

With reference to oil and gas operations, those activities which meet the specific requirements set forth in § 459.1 of this Chapter.

[Added by Ord. 275, 7/2/2012]

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RECREATIONAL VEHICLE

A vehicle that is:

[Amended by Ord. 268, 11/7/2011]

Built on a single chassis;

For the purposes of § 230 (Floodplain Overlay Zone), not more than 400 square feet as measured at the largest horizontal projections, is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, has no permanent additions, is fully licensed and highway-ready, and is designed to be self-propelled or permanently towable by a light-duty truck; and

Not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.

RECYCLABLES

Discarded materials that have entered a reasonably continuous process whereby their reuse is imminent.

REDI-MIX CONCRETE OPERATION

A principal use at which materials are imported, stored and mixed to create concrete that is dispatched by vehicle to job sites.

REGULATORY FLOOD ELEVATION

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

RENTAL

A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

REPAIR

A function involved in correcting deficiencies of products that affect their performance and/or appearance.

RESTAURANT

An establishment that serves prepared food primarily on non-disposable tableware but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet, whichever is less. Caterers shall be included in this definition.

RESTAURANT, DRIVE-THRU OR FAST-FOOD

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site.

RETAIL SALES

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses, as defined herein.

RETAIL SERVICES

Those businesses whose primary activities involve the delivery of intellectual or manual labor by the server to the general public. This term shall expressly include but not be limited to personal services but will not include adult-related uses and automobile service, as defined herein.

RETAINING WALL

A man-made structure used to stably contain land at a location of substantial elevation change.

RIDING STABLE

A principal use whereby equestrian instruction is offered and horses are kept, bred, trained and/or exercised upon land not occupied by the owner of the horse(s).

RIGHT-OF-WAY

A corridor of publicly owned or leased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including but not limited to roads, streets, highways, utilities and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

RURAL OCCUPATION

A business or commercial activity that is conducted as an accessory use to a principal single-family detached residence and is located within an outbuilding of such residence.

SAINT MARYS AIRPORT

The airport owned and operated by St. Marys Airport Authority.

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open-mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between land- and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVRO's," and "satellite microwave antennas."

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the school district.

PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary and/or postgraduate education that may, or may not, be operated as a gainful business.

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education and operated by the school district.

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(1)

Truck driving.

(2)

Engine repairs.

(3)

Building construction and general contracting.

Woodworking.

Masonry.

Plumbing.

Electrical contracting.

(8)

Nursing and health care.

(9)

Cosmetology.

(10)

Horticulture.

(11)

Machine, tool and die shops.

(12)

Metal fabrication.

(13)

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 107 and 604, Subsection 5, of this chapter.

SEASONAL RESIDENCE

A dwelling, cabin, camp, cottage, lodge or summer house which is intended for occupancy less than 182 days of the year.

SETBACK

The required horizontal distance between a setback line and a property or street right-of-way line.

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot; commonly called "required front yard."

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot; commonly called "required rear yard."

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard; commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SHADE TREE

A deciduous tree that shall have a clear trunk at least five feet above the finished grade.

SHOOTING RANGE

A place where members of the public, for a fee or by invitation, can discharge firearms for recreation, competition, skill development, and training. For the purpose of this chapter, a "firearm" shall include any instrument that uses a propelling charge to move a projectile (e.g., rifle, gun, shotgun, pistol, air gun, or archery). A "shooting range" does not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania. This definition does not include the legal discharge of firearms on private property.

SHOPPING CENTER

Any single store with greater than 30,000 square feet of gross floor area and any group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure or flags or other insignia of any government, fraternal, or similar organization.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter, or an amendment thereto, and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance.

SKIDDING

Dragging trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

SLDO

The latest version of the City of Saint Marys Subdivision and Land Development Ordinance, as may be amended from time to time.[7]

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for Elk County, Pennsylvania.

SOLAR ARRAY

A grouping of multiple solar modules or panels with the purpose of collecting solar energy.

[Added by Ord. No. 334, 1/16/2023]

SOLAR ENERGY SYSTEM

A facility consisting of one or more modules or panels used in tandem to collect solar energy for the purpose of generating electricity or heat. A solar energy system, as regulated under this chapter, may be classified as:

[Added by Ord. No. 334, 1/16/2023]

"ASES")ry solar energy system ("ASES") - a system primarily intended to generate power for on-site use. The system may be installed on a roof or wall of an existing structure.

"CSES")y solar energy system ("CSES") - a system intended primarily to generate power to a particular development, neighborhood or adjacent community, not exceeding a capacity of five megawatts per day of output.

"GSES")le solar power system ("GSES") - a system primarily intended to generate power to be supplied to the commercial power grid and having a capacity in excess of five megawatts per day of output

SPECIAL EXCEPTION

A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 604, Subsection 3, of this chapter.

SPECIAL FLOOD HAZARD AREA

An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

[Added by Ord. 268, 11/7/2011]

SPONSORSHIP SIGN

Any sign or part thereof which indicates or recognizes a business or other entity which donated time, money, materials or services to the City, its various departments, any governmental entity or department thereof, or a nonprofit organization for erection of the sign or for the service or activity for which the sign is erected.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days from the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling, nor does it include the installation of streets and walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation of accessory structures on the property such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

[Added by Ord. 268, 11/7/2011]

STORAGE

A function involving the deposition of materials, goods and/or products for safekeeping.

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 75% or more of its wall area above grade level. A "half-story" is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

STREAM

Any natural or artificial channel or conveyance for surface water with an annual or intermittent flow within a defined bed and bank.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way, or private right-of-way, used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the "street center line" shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The "street line" shall be the same as the legal right-of-way line currently in existence.

STRIP-AND-BORROW MINING

A principal mining use that involves the following excavation and related processes:

The temporary removal and nearby storage of topsoil and overburden to facilities.

The permanent removal, processing, sale and/or exchange of non-coal mineral resources; and

The redepositing of topsoil and overburden in a reclaimed and stable condition, as required by the Noncoal Surface Mine Conservation and Reclamation Act.[8]

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above ground; anything constructed or erected on the ground or attached to the ground. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Structures include but are not limited to buildings, sheds, cabins, and manufactured homes and travel trailers, fences, dams, culverts, roads, railroads, bridges, storage tanks, and signs. Structures shall not include such things as sandboxes, decorative fountains, swingsets, birdhouses, birdfeeders, mailboxes, and any similar nonpermanent improvements.

[Amended by Ord. 268, 11/7/2011; and by Ord. 279, 1/21/2013]

STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).

STRUCTURE, PRINCIPALA structure associated with a primary use.

STRUCTURE, UNDERGROUNDA structure designed to be built with the majority of its finished space for human occupancy located partially or wholly underground. The location of the exterior walls of an "underground structure" must conform to all setback requirements applicable to aboveground structures in the same zoning classification. A completed structure not designed or intended to serve as a substructure foundation for a building.

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 devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL DAMAGE

Damage of any origin 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.

[Amended by Ord. 268, 11/7/2011]

SUBSTANTIAL IMPROVEMENT

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

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

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

SWIMMING POOL

Any pool, not located within a completely enclosed building, containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. "Taverns" may also serve food.

TEMPORARY SIGN

A sign, whether commercial or noncommercial, located for the purpose of temporarily identifying or locating activities, businesses or events and which is intended to be removed once the activity or event is completed or terminated. This definition is intended to include signs made from any type of material. This definition includes, but is not limited to, political campaign signs, religious or cultural event signs, construction-activity signs, "for sale" or realtor advertising signs, garage sale signs and similar signs.

[Added by Ord. No. 331, 3/21/2022]

TESTING

A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.

TIMBER HARVESTING, TREE HARVESTING or LOGGING

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TRANSITIONAL SURFACES

These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. "Transitional surfaces" for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.

TRASH, GARBAGE AND REFUSE

Any material that, because of its age or condition, is of little value and usefulness. Some common examples include but are not limited to:

Inoperable machinery and appliances.

Rusted or bent metals, tools, and barrels.

Used automobile tires and batteries.

Empty beverage, food and other containers.

Weathered, broken or used building materials.

Spoiled or discarded food products.

Used, torn or discarded garments, rags and other fabric products.

Worn or broken furniture.

Used or discarded newspaper, magazines and other paper products.

TREETOP

The upper portion of a felled tree that is not marketable because of small size, taper or defect.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

UNCONVENTIONAL WELL

An oil or gas well to be drilled for the purpose of or to be used for the production of oil or natural gas employing any method of extraction other than a vertical well.

[Added by Ord. 296, 2/15/2016]

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

USE, PRINCIPALThe main or primary use of property or structures.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight and less.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board, subject to findings specified by the Act.

VETERINARIAN

A practitioner licensed by the Commonwealth of Pennsylvania who is qualified and authorized to treat diseases and injuries of animals.

VETERINARY OFFICE

Any building or group of buildings which is used primarily for the treatment of animals by a veterinarian. The facilities must include a veterinarian's office and may include indoor areas and outdoor areas used for the purpose of treatment, care, breeding, raising and/or boarding of animals.

VIOLATION

The failure of a structure or other development to be fully compliant with any and all provisions of this chapter. For floodplain management purposes, a structure or other development without the elevation certificate or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to violate this chapter until such time as that documentation is provided.

[Added by Ord. 268, 11/7/2011]

VISUAL RUNWAY

A runway intended solely for aircraft using visual approach procedures.

WASTE

Garbage, refuse and other discarded materials, including but not limited to solid, semisolid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential, and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended. "Waste" shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the U. S. Environmental Protection Agency. For the purposes of this chapter, the difference between "waste" and "junk" or "recyclables" is that "waste" shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent; whereas "junk" includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal; and whereas "recyclables" include materials that have entered a reasonably continuous process whereby their reuse is imminent.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake, or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land from which water drains into a particular watercourse.

WECS UNIT (WIND ENERGY CONSERVATION SYSTEM)

Any device which converts wind energy to mechanical or electrical energy, and shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

WELL PAD

The site where drilling activities for a conventional or unconventional well take place, excluding access roads or pipeline rights-of-way serving the site, as delineated in the applicant's erosion and sedimentation control general permit for earth disturbances issued by the Pennsylvania Department of Environmental Protection, or such larger area as is actually used for drilling activities.

[Added by Ord. 296, 2/15/2016]

WETLAND MARGINS

The transitional area extending from the outer limit of a delineated wetland. For the purpose of this chapter, the "wetland margin" shall extend 50 feet from the wetland boundary or to limit of the hydric soils outside the boundary, whichever is less.

WETLANDS

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas, and which may be identified as jurisdictional wetlands using methods described in the 1989 edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Government Printing Document No. 024-010-00-683-8).

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WIND FARMS

An assemblage of wind energy devices whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures, including but not limited to substations, towers, electrical infrastructure, transmission lines and other appurtenant facilities.

WINDOW

An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a "window" in regard to provision of natural light.

WIND TURBINE

A wind energy device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.

YARD

An area between the permitted structures and the property lines.

YARD, FRONTThe area extending the full width of the lot contained between the principal structure and the street right-of-way line, except that where a portion of the site has a front property line that is located away from the street right-of-way and runs generally parallel to the street, the "front yard" shall also include that area that is located between the principal structure and the front property line that generally parallels the street. (See diagram.)

YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the "rear yard" shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard.

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the "side yard" shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). For flag lots, the "side yards" shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure.

YARD SALE

The display of personal possessions, and those of friends, relatives and neighbors, for sale to the general public upon the property of one's residence.

ZONING

The designation of specified districts within the City, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.

ZOO

A facility in which animals are kept for public display. In addition, this use can also include the conduct of other occasional special events. In addition, this use also includes accessory uses (e.g., eateries, exhibits, and shops). In addition, this use can also include for the provision of resident employee and guest lodging services for both humans and animals incidental to the visit or stay on the site. Finally this use may also include veterinary care for animals kept at or visiting the site.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See Pa.C.S.A. Title 58.

[3]

Editor's Note: The former definition of "oil and gas operations," added 11/7/2011 by Ord. 269, as amended, which immediately followed this definition, was repealed 2/15/2016 by Ord. 296.

[4]

Editor's Note: See 25 Pa. Code, Chapter 209.

[5]

Editor's Note: See 65 Pa.C.S.A. § 701 e seq..

[6]

Editor's Note: The former definition of "qualified," added 7/2/2012 by Ord. 275, which immediately followed this definition, was repealed 2/15/2016 by Ord. 296.

[7]

Editor's Note: See Ch. 22, Subdivision and Land Development.

[8]

Editor's Note: See 25 Pa. Code, Chapter 209.

Rural Conservation Zone (RC)	Medical Institutional Zone (MI)
Residential Suburban Zone (RS)	Limited Industrial Zone (LI)
Residential Urban Zone (RU)	Industrial Zone (I)
Residential Flexible Zone (RF)	Airport Safety Overlay Zone (AS)
Central Business Zone (CB)	Floodplain Overlay Zone (FP)
Highway Commercial Zone (HC)