A.Â
It is not intended that this article include only words used or referred
to in this chapter. The words are included in order to facilitate
the interpretation of this chapter for administrative purposes and
in the carrying out of duties by appropriate officers and by the Zoning
Hearing Board.
B.Â
Unless otherwise expressly stated, all words used in this chapter
shall carry their customary dictionary meanings. The following shall,
for the purpose of this chapter, have the meanings herein indicated:
(1)Â
Words used in the present tense include the future tense.
(2)Â
The singular includes the plural, and the plural the singular.
(3)Â
The word "person" includes a profit or nonprofit corporation, company,
partnership, or individual.
(4)Â
The words "used or occupied," as applied to any land or building,
include the words "intended, arranged or designed to be used or occupied."
(5)Â
The word "building" includes "structure."
(6)Â
The word "lot" includes "plot," "tract" or "parcel."
(7)Â
The word "shall" is always mandatory. The word "may" is permissive.
(8)Â
The word "Borough" means the Borough of Mount Union. The terms "Council,"
"Zoning Board," and "Planning Commission" mean, respectively, Borough
Council, the Zoning Hearing Board and the Borough Planning Commission.
The term "county" means the County of Huntingdon, Pennsylvania.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use or building customarily incidental to and
located on the same lot occupied by the main use or building. The
term "accessory building" may include a private garage, garden shed
or barn, private playhouse, private greenhouse, private swimming pool
or guesthouse, as hereinafter provided.
Where any part of the wall of an accessory building is part
of the wall of a main building, or where the accessory building is
attached to the main building by a roof, including carports, however
covered, such accessory building shall be deemed part of the main
building.
A minor right-of-way having a right-of-way width of 20 feet
or less, privately or publicly owned, primarily for service access
to the back or sides of properties. Regardless of whether an alley
is given a street name, no main building shall have its frontages
on an alley.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another, or conversion of one use to another by virtue
of interior change. However, improvements normally considered as maintenance
involving direct replacement or covering of surfaces with new facade
material shall not be considered alterations.
A floor level partly or completely below grade. A basement
shall be considered a story if more than 1/3 of the perimeter walls
are five feet or more above the finished grade level of the ground
immediately adjacent to the walls.
Continuous strips of land planted with trees, shrubs and/or
fenced or walled for effective screening which serve to separate incompatible
uses or zoning districts. A buffer yard or strip may consist of a
lawn area if it is at least 10 feet in width. Fences or walls used
for buffer purposes shall be at least five feet in height, and shrubs
or trees shall be of sufficient size to obtain a height of at least
five feet within three years of planting.
The total of areas taken using outside building dimensions
on a horizontal plane at the main grade level of the principal building
and all accessory buildings, exclusive of uncovered porches, terraces,
and steps.
The line of that face of the building nearest the front line
of the lot.
The vertical distance measured from the lowest elevation
of the proposed finished grade of the building to the highest point
of the roof. Chimneys, spires, towers and elevator penthouses, tanks
and other similar projections shall not be included in calculating
the height.
The line between which, and the street or lot line, no building
or other structure or portion thereof, except as provided in this
chapter, may be erected above grade level. The building line is considered
a vertical surface intersecting the ground on such line measured at
right angles to the property line and shall be parallel to said property
line.
A sign bearing the name of the occupant of a premises and
the name of products manufactured, processed, sold or displayed thereon.
A business establishment which does not offer a product or
merchandise for sale to the public. Personal services such as barbershops
and beauty shops and repair services are not deemed a business office.
That portion of streets lying between the curblines and designed
and intended primarily for vehicular travel.
A basement having more than 1/2 its height, measured from
floor to ceiling, below the average finished grade level of the ground
immediately adjacent to the building.
A comprehensive plan (or community development plan) consisting
of maps, charts, and textual matter and indicates the recommendations
of the Planning Commission for the continuing development of the municipality.
The "Comprehensive Plan" refers to the Comprehensive Plan for the
Borough of Mount Union.
A use which is not appropriate to a particular zone district
as a whole, but which may be suitable in certain localities within
the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the municipal governing body after recommendations
by the Planning Commission.
That portion or percentage of the plot or lot area covered
by the total building area.
A measure of the number of dwelling units which occupy or
may occupy an area of land (expressed herein by DU/gross acre).
Numerical values applied to residential dwelling unit types
for the purpose of computing permitted densities.
A building used as a nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A "dwelling" shall mean a single-family detached dwelling,
residential conversion unit, single-family semidetached, two-family
detached, two-family semidetached, townhouse, garden apartment, apartment,
apartment house, duplex, modular home, mobile home or manufactured
home.
[Amended 4-2-2007 by Ord. No. 1080]
RESIDENTIAL CONVERSION UNITTo be considered a conversion, any proposed alteration must be confined to the interior of an already existing structure shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating one family and having an open yard area on all sides. A single-family detached dwelling may be a mobile/manufactured home or a modular home.
SINGLE-FAMILY SEMIDETACHEDTwo dwelling units accommodating two families which are attached side by side through the use of a party wall and having one side yard adjacent to each dwelling unit.
TWO-FAMILY DETACHEDTwo dwelling units accommodating two families which are located one over the other and having two side yards.
TWO-FAMILY SEMIDETACHEDFour dwelling units accommodating four families, two units of which are located directly over the other two units; a combination of both the single-family semidetached and the two-family detached structures.
TOWNHOUSE (ROW DWELLING)Three or more dwelling units accommodating three or more families which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit. Each dwelling unit is generally two stories in height, but may conceivably be either one or three stories in height.
GARDEN APARTMENTThree or more dwelling units accommodating three or more families which are located one over the other and which, when more than three units are utilized, are attached side by side through the use of common party walls and which shall have side yards adjacent to each first-story end unit. Garden apartment units are generally built to a height of only two stories. Each dwelling unit is accessible by a common stairwell.
APARTMENT HOUSEA structure consisting of a series of single-story dwelling units (two-story units may conceivably be used in certain instances) clustered on a floor about a central elevator shaft or central corridor, each series, consisting of one story, being stacked one upon the other to a specified maximum height.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
[Amended 4-2-2007 by Ord. No. 1080]
An individual or married couple and the children thereof with
not more than two other persons related directly to the individual
or married couple related by blood, marriage or adoption (including
persons receiving formal foster care); or
A group of unrelated persons of up to three maintaining a common
household and living within one dwelling unit constitutes a family;
or
A family shall also expressly include numbers of unrelated persons provided by the group home provisions of § 330-38 residing within an approved group home, as defined herein. Through these provisions and § 330-57, dealing with the Zoning Hearing Board, it is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act,[1] as amended, and regulations promulgated thereunder in
the construction of this term.
An artificially constructed barrier of manufactured material
or combination of materials erected for enclosure of yard areas, storage
areas, parking areas and for screening.
A building or a lot or part thereof having pumps and storage
tanks for the retail sale of motor fuels, petroleum products and other
accessories for motor vehicles, including facilities for polishing,
lubricating, washing, cleaning and minor repairs, but not including
storage or parking space offered for rent, except in an industrial
district.
The sum of the gross areas of the floors of every story of
a building measured from the exterior faces of exterior walls or from
the center lines of common or party walls separating two buildings.
Regardless of the internal arrangement of a building, it shall be
deemed to have at least one story for each 20 feet of height or fraction
thereof.
The ratio of the total gross floor (horizontal) area of a
building expressed in square feet and the total lot area as expressed
in square feet.
All that space delegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer, but not
to include office space, storage space, and other general administrative
areas.
A building or part thereof used for the storage of one or
more vehicles.
COMMUNITY OR PUBLIC GARAGEOne or more garages, other than a private garage, used for compensation. Only facilities for washing tenant's cars may be permitted.
PRIVATE GARAGEA garage owned and used by the owner or tenant of the premises.
REPAIR GARAGEAny garage, other than a private garage, available to the public, operated for gain, and which is used for the storage, servicing and repair of automobiles or other motor vehicles, including painting and body work and the supply of gasoline or oil products, but not including the sale of motor vehicles.
A dwelling unit operated by a 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 all persons subject to protection under the Federal
Fair Housing Act Amendments of 1988. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use. Group homes shall be subject to the
same limitations and regulations by the Borough as the type of dwelling
they occupy. It is the express intent of the Borough to comply with
all provisions of the Federal Fair Housing Act,[2] as amended, and regulations promulgated thereunder in the construction of this term. A group home shall not include a treatment center. See standards in § 330-38. (NOTE: The Federal Fair Housing Act Amendments defined "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities; 2) a record of having such impairment; or 3) being regarded as having such impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans With Disabilities Act to address certain situations related to substance abuse treatment.)
[Added 4-2-2007 by Ord. No. 1080]
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 330-37. A "minor home occupation" shall be a home occupation that meets the additional requirements for a minor home occupation stated in § 330-37B. A "general home occupation" shall be a home occupation that does not meet the requirements for a minor home occupation.
[Amended 4-2-2007 by Ord. No. 1080]
An area of land with or without buildings, including land
inside a building not completely enclosed, used for the storage 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 two or more unlicensed or wrecked vehicles, or the major
part thereof, or junk vehicles shall be deemed to constitute a junkyard,
except as is permitted as an auto sales use, auto repair garage or
auto service station.
[Added 4-2-2007 by Ord. No. 1080]
Land occupied or to be occupied by a building and its accessory
building, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street or such other means
of access as may be determined in accordance with the provisions of
law to be adequate as a condition of the issuance of a zoning permit
for a building on such land.
LOT AREAThe total horizontal area within the boundary lines of a lot.
LOT, CORNERA parcel of land at the junction of and abutting on two or more intersecting streets.
LOT, INTERIORA lot other than a corner lot.
The lines bounding a lot as defined herein.
A use involving the treatment, examination and diagnosis
of patients by state-licensed physicians, dentists, psychiatrists,
psychologists, psychoanalysts, or pharmacists, provided that no overnight
patients shall be kept on the premises. This use may involve the testing
of tissue, blood, or other human materials for medical or dental purposes.
[Added 4-2-2007 by Ord. No. 1080]
A manufactured home is a structure over 320 square feet,
transported in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation
meeting federal requirements for manufactured housing. For floodplain
management purposes, this term also includes trailers and other similar
vehicles placed on a site for greater than 180 consecutive days.
[Amended 4-2-2007 by Ord. No. 1080]
A parcel of land under single ownership, which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A type of dwelling that is, in substantial part but not wholly,
produced in sections off the site and then is assembled and completed
on the site. A modular home is one constructed under the Pennsylvania
Industrialized Housing Act[3] and is not subject to federal requirements for manufactured
housing.
[Amended 4-2-2007 by Ord. No. 1080]
A commercial establishment which provides an outlet for convenience
goods that meet daily needs such as foods, hardware, drugs and personal
services. A neighborhood commercial establishment is designed and
intended solely for the use of residents of the immediate area within
the community; it is not intended to serve the entire community.
A lot officially recorded prior to enactment of this chapter
which, by reason of design or size, does not conform with the requirements
of the district in which located.
A structure or part of a structure not designed to comply
with the applicable use provisions in this chapter or amendments heretofore
or hereafter enacted, where such structure lawfully existed prior
to the enactment of this chapter or amendment or prior to the application
of this chapter or amendment to its location by reason of annexation.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment to its location
by reason of annexation.
A certificate issued by the Zoning and/or Building Officer
upon completion of construction or alteration of a building or upon
approval of a change in occupancy or use of a building. Said certificate
shall acknowledge compliance with requirements of this chapter, such
adjustments thereto granted by the Zoning Hearing Board, and/or all
other applicable requirements.
A space unoccupied by buildings or paved surfaces and open
to the sky on the same lot with the building.
A recorded boundary of a lot. However, any property line
which abuts a street or other public or quasi-public way shall be
measured from the full right-of-way.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
Uses, not enclosed within a building, necessary for the preservation
of the public health and safety or for the furnishing of utility services
to the public, including, but not limited to, the erection, construction,
alteration or maintenance by public utilities or governmental bodies
of underground or overhead transmission systems, poles, wires, pipes,
cables, fire alarm boxes, hydrants, or other similar equipment.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge, or insignia of any government or
government agency.
The granting of a modification of the provisions of this
chapter as authorized in specific instances listed and under the terms,
procedures, and conditions prescribed herein. Special exceptions are
administered by the Zoning Hearing Board.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian travel, whether public
or private, which may also be used to provide space for sewers, utilities,
and sidewalks. The word "street" includes "avenue," "boulevard," "road,"
"highway," "lane," "alley" and "viaduct."
A shelter that houses homeless individuals in single-room
occupancies. Said facility will not offer or provide any other inhouse
services to its residents, except for shelter.
[Added 4-2-2007 by Ord. No. 1080]
A use (other than a prison or a hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment, and/or counseling because of:
[Added 4-2-2007 by Ord. No. 1080]
A modification of the regulations of this chapter granted
by the Zoning Hearing Board on grounds of practical difficulties or
unnecessary hardships, not self-imposed, pursuant to the provisions
of this chapter and pursuant to the provisions of Section 912 of the
Municipalities Planning Code.[4]
An unoccupied space open to the sky, on the same lot with
a building or structure.
YARD, FRONTAn open unoccupied space on the same lot with a main building, extending the full width of the building projected to the sidelines of the lot. The depth of the front yard shall be established as the front building setback line measured between the front line of the building and the frontage street right-of-way.
YARD, REARAn open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the rear yard shall be established as the rear building setback line measured between the rear line of the lot and the rear line of the building. A building shall not extend into the required rear yard.
YARD, SIDEAn open unoccupied space on the same lot with the building situated between the building and the sidelines of the lot and extending from the front yard to the rear yard. The width of the side yard(s) shall be established as the side building setback lines measured between the sideline of the lot and sidelines of the building. Any lot line not a rear line or a front line shall be deemed a sideline. A building shall not extend into the required side yards.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[3]
Editor's Note: See 35 P.S. § 1651.1 et seq.
[4]
Editor's Note: Section 912 of the Municipalities Planning
Code (53 P.S. § 10912) was repealed 12-21-1988 by P.L. 1329,
No. 170, § 90. For current provisions, see 53 P.S. § 10910.2.
