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 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.
ACT 13
Act 13 of 2012, enacted on February 14, 2012, as it may from
time to time be amended.
[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
L.
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.
M.
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.
N.
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.
O.
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.
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]
C.
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 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:
A.
Retail sales or rental of books, magazines, videos, software,
and video games, provided that adult-related uses are expressly prohibited.
B.
Restaurants, including drive-thru or fast-food operations, provided
that rest rooms are made available to the public.
C.
Amusement arcades, with no more than two devices.
D.
Automatic bank teller machines.
E.
Photomats and film development drop-off sites.
F.
Laundry, dry-cleaning and tailoring drop-off sites.
G.
Lottery sales counters and machines.
H.
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.
I.
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]
J.
Car washes, subject to the requirements of § 415 of
this chapter.
[Amended by Ord. 279, 1/21/2013]
K.
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.
A.
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.
B.
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.
C.
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:
A.
Attributable to mental retardation, cerebral palsy, epilepsy
or autism.
B.
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.
C.
Attributable to dyslexia resulting from a disability described in Subsections
A and
B of this definition.
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.
A.
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.)
B.
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.)
C.
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.)
D.
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.)
E.
QUADRAPLEXOne detached building that contains four separate dwelling units, all of which share one or two points of exterior access.
F.
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:
A.
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
B.
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.
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.
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:
A.
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.
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program, as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION
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:
A.
Wetlands, as defined by the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands.
B.
Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant
plant and animal species and communities that are listed as Pennsylvania
Threatened or Pennsylvania Endangered.
C.
PNDI confirmed extant plant and animal species and communities
that have a State Rank of S1 or S2.
D.
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:
A.
Construction of two or more residential buildings on a single
lot, whether proposed initially or cumulatively.
B.
Conversion of an existing building into four or more residential
housing units, whether proposed initially or cumulatively.
C.
Construction of one or more principal building(s) that are for
a nonresidential use.
D.
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.
E.
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.
F.
Construction of off-street parking facilities for 10 or more
parking spaces, whether proposed initially or cumulatively.
G.
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.
A.
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.
B.
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.
C.
LOT, INTERIORA lot, other than a corner lot, the sides of which do not abut a street.
D.
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:
A.
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner.
B.
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.
C.
The handling, processing or storage of slag on the premises
of a manufacturer as a part of the manufacturing process.
D.
Dredging operations that are carried out in the rivers and streams
of this Commonwealth.
E.
The removal and sale of non-coal materials from retail outlets.
F.
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:
A.
City offices, meeting halls, garages, and storage yards.
B.
Police, fire and ambulance stations and prisons.
C.
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.
D.
Outdoor community service facilities and activities, including
fairgrounds, community bulletin boards and other similar uses.
E.
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:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance as a business use, including
but not limited to parking, signs, or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business shall be conducted only within the dwelling and
may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
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.
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:
A.
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
B.
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]
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.
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:
A.
The removal of topsoil and overburden to facilitate.
B.
The permanent removal, processing, sale and/or exchange of non-coal
mineral resources; and
C.
The reclamation of the site in a stable condition as required
by the Noncoal Surface Mine Conservation and Reclamation Act.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Outdoor community service facilities and activities, including
fairgrounds, community bulletin boards and other similar uses.
F.
Indoor and outdoor swimming pools, including related amenities,
like bathhouses, wading pools, spas, snack bars, and other similar
uses.
G.
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.
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.
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:
A.
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.
B.
Any land which is used for, or devoted to, a separate purpose
unrelated to the advertised activity.
C.
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.
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.
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.
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]
A.
Built on a single chassis;
B.
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
C.
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.
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.
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:
A.
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.
B.
PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary and/or postgraduate education that may, or may not, be operated as a gainful business.
C.
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.
D.
(3)
Building construction and general contracting.
(11)
Machine, tool and die shops.
(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.
A.
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot; commonly called "required front yard."
B.
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."
C.
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.
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]
A.
"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.
B.
"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.
C.
"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:
A.
The temporary removal and nearby storage of topsoil and overburden
to facilities.
B.
The permanent removal, processing, sale and/or exchange of non-coal
mineral resources; and
C.
The redepositing of topsoil and overburden in a reclaimed and
stable condition, as required by the Noncoal Surface Mine Conservation
and Reclamation Act.
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]
A.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
C.
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:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or,
B.
Any alteration of an historic structure, provided that the alteration
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.
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:
A.
Inoperable machinery and appliances.
B.
Rusted or bent metals, tools, and barrels.
C.
Used automobile tires and batteries.
D.
Empty beverage, food and other containers.
E.
Weathered, broken or used building materials.
F.
Spoiled or discarded food products.
G.
Used, torn or discarded garments, rags and other fabric products.
H.
Worn or broken furniture.
I.
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.
A.
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.
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.
A.
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.)
B.
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.
C.
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.