Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of the chapter.
Words used in the present tense include the future; the singular number
shall include the plural, and the plural the singular; the word "structure"
shall include the word "building"; the word "used" shall include "arranged,"
"designed," "constructed," "altered," "converted," "rented," "leased,"
or "intended" to be used; and the word "shall" is mandatory and not
optional.
As used in this chapter, the following terms shall have the
meanings indicated:
A term which includes adjacent, contiguous, and touching.
A building or use customarily incidental to the use of the
principal building and located on the same lot as the principal building
or use.
The overall total area of real property.
The remaining area after all deductions are made; with deductions
including street, easements for access, street dedications and similar
areas.
An establishment having a substantial amount (more than 20%
of floor space or more than 20% of its show time) of its stock-in-trade,
books, magazines, photographs, videotapes, on-site picture or live
shows, messages which are distinguished by their emphasis on matters
depicting, describing or relating to "obscene" materials, shows or
services as defined herein.
A public or private way affording only secondary means of
access to abutting property.
Any change, addition or modification in construction, occupancy
or use.
As applied to a building or structure, a change or rearrangement
in the structural parts of a structure including the walls, columns,
beams, girders, floors, roof or ceiling; or an enlargement, whether
by extending on a side or by increasing in height; or the moving from
one location or position to another; but not including normal maintenance
or minor repairs or improvements.
Man-made trees, clock towers, bell steeples, light poles
and similar alterative-design mounting structures that camouflage
or conceal the presence of antennas or towers. Such devices shall
not be deemed a public utility or public use.
An establishment offering five or more amusement devices,
including, but not limited to, coin-operated electronic games, shooting
gallery, table games and similar recreational diversions within an
enclosed building.
The raising and keeping of livestock and poultry, with the
intent of producing capital gain, or profit or with the intent of
selling any livestock or poultry products. The keeping of livestock
or poultry as farm pets, or for domestic purposes pursuant to the
regulations of this chapter shall not be construed as animal husbandry.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Such devices shall not be deemed a public
utility or public use.
A residential building designed or used for three or more
dwelling units.
Assisted-living residential care combines private apartment-like
living with supportive services such as personal care, housekeeping,
linen service, meals, medication management, and twenty-four-hour
oversight. Sometimes, health care services may be available at the
facility or through an arrangement with another provider.
A building or place of business where such items as gasoline,
oil and greases, batteries, tires and automobile accessories are supplied
and dispensed directly to the motor vehicle trade, at retail, and
where minor repair service is rendered.
A place where two or more motor driven vehicles which do
not bear a current state inspection sticker and license plate and
their related parts are stored or disassembled.
A shelter supported entirely from the exterior wall of a
building.
The lines that connect a provider's towers/cell sites
to one or more cellular telephone networks. Such devices shall not
be deemed a public utility or public use.
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.
A limited commercial activity, conducted within a structure,
which includes dining and bathroom facilities with sleeping rooms
for short-term guest lodging.
Land, or a group of lots, surrounded by streets or other
rights-of-way, other than an alley, or land which is designated as
a block on any recorded subdivision tract.
The Zoning Hearing Board of Northampton.
The Borough Council of the Borough of Northampton.
Any device or material used to reduce the impact of one land
use activity upon another land use activity. An effective buffer (screening)
includes a mound, wall, fence and/or dense screen planting composed
of trees, shrubs, and vegetative ground cover to the full length of
the lot line to serve as a barrier to visibility, airborne particles,
glare and noise throughout the year.
Any structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property.
That percentage of the plot or land area covered by the principal
and accessory buildings (including covered porches, carports, and
breezeways, but excluding open patios).
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, tanks and similar projections.
The premises in which care is provided at any one time for
seven or more children unrelated to the operator. This child care
is in lieu of care by the parent or guardian for part of a twenty-four-hour
day. The term does not include care of related children, foster children,
nor on-site training in the case of a student who is fulfilling the
requirements of a secondary, postsecondary, postsecondary child-care
training or educational curriculum. The PA Department of Welfare is
responsible for licenses and regulations of child day-care centers.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, providing there are not
conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
A building to house a club or social organization not conducted
for private profit and which is not an adjunct to or operated by or
in connection with a public tavern, cafe or other public place.
Any motor vehicle which is required by law to bear any license
plate other than that issued for passenger car use. Also, any motor
vehicle including passenger cars which by reason of a characteristic
coloring or marking exceeding one square foot in area is identified
or commonly associated with any business, industry, or public agency
shall be considered a commercial vehicle within the terms of this
chapter. Other passenger cars used in business by a resident shall
not be considered commercial vehicles.
The Borough of Northampton Planning Commission.
A parcel or parcels of land or a combination of land or water
area within a development site not including streets, off-street parking
areas, private yard space, and areas set aside for nonresidential
and public facilities. Common open space shall be substantially free
of structures but may contain such improvements as are in the development
plan as finally approved by the Borough Council and as are appropriate
for recreational use or enjoyment by the residents of the development
site.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
The height of a communication tower shall be the vertical distance
measured from the ground level to the highest point on a communication
tower, including antennas mounted on the tower.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
The declaration of purposes, policies and programs for the
preservation, enhancement, and development of the Borough.
A use which would become harmonious or compatible with neighboring
uses through the application and maintenance of qualifying conditions.
Any building or portion thereof which contains facilities
for living, sleeping and sanitation and may also include facilities
for eating and cooking for occupancy by other than a family. A congregate
residence may include a shelter, convent, monastery, dormitory, fraternity,
fraternity or sorority house, but shall not include jails, hospitals,
nursing homes, hotels or lodging houses.
A facility which is publicly or privately operated and intended
for long-term patient care due to human illness or infirmity, including
the elderly and developmentally disabled, normally employing the services
of skilled and licensed practitioners, excluding hospitals.
The redesign and change of residential or other nonconforming
structures to commercial use.
The redesign and change of existing residential or nonresidential
structures into a one-, two-family and multifamily dwelling.
A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three or more sides by walls
of a building.
An establishment intended primarily for dancing and entertainment
within an enclosed building, using either live or electronically produced
music, either open to the public or operated as a private club open
to members only.
The keeping for part-time care and/or instruction, whether
or not for compensation, of six or less children or adults at any
one time within a dwelling, not including members of the family residing
on the premises. Domiciliary care homes are included in family day
care. Also see definition for "domiciliary care homes."
An establishment for the care and/or instruction, whether
or not for compensation, of seven or more persons at any one time.
Child nurseries, preschool and adult-care facilities are included
in this definition.
See definition of "patio" and "porch."
The number of dwelling units which are allowed on an acre
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
A portion of the territory of the Borough within which certain
uniform regulations and requirements of various combinations thereof
apply under the provisions of this chapter.
A premises certified by the local Area Agency On Aging (AAA)
for the purpose of providing a supervised living arrangement in a
homelike setting for a period exceeding 24 consecutive hours to elderly
and/or handicapped clients placed there by the AAA. Domiciliary care
homes are required to comply with the PA Department of Aging permit
regulations.
Any building, or portion thereof designed or used as the
residence of one or more persons. The term "dwelling" shall not be
deemed to include mobile home park, rooming house, tourist home, hotel,
hospital, nursing home, dormitory, fraternity or sorority house, or
other student resident as defined herein.
DWELLING UNITAny building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Borough, for not more than one family or a congregate residence for six or less persons.
DWELLING, SINGLE-FAMILYA detached building, designed for or occupied exclusively by one family.
DWELLING, SINGLE-FAMILYA detached dwelling unit, with kitchen and sleeping facilities designed for occupancy by one family.
DWELLING, SEMIATTACHEDA semiattached building with not more than two individual dwelling units which are entirely separated by vertical walls. This is a building which utilizes a vertical common wall between dwelling units for economy of lot use and building construction.
DWELLING, DUPLEXA building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
DWELLING, MOBILE HOMEA transportable dwelling structure, intended for permanent occupancy for use by one family, contained in one or two sections designed to be joined into one integral unit and constructed so that it may be used without a permanent foundation and capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; except for a travel trailer as defined herein; and excluding such mobile home dwellings or prefabricated homes or sections thereof which when assembled or combined into a single unit are more than 19 feet in width, which meet BOCA Building Code requirements and which no longer are readily capable of being separated for repeated towing.
DWELLING, MULTIPLE-UNITA building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as townhouses, condominiums, or offered for rent. Dwelling units contained in such structures may also include units commonly referred to as apartments, garden apartments and quadraplex units.
DWELLING, TOWNHOUSE AND/OR ROW HOUSEA townhouse and row house are special types of multiple-unit dwelling buildings and therefore, for purposes of this chapter, are defined and regulated separately. Townhouses and/or row houses are multiple-unit dwelling buildings with each dwelling unit separated from one another by a vertical wall(s) so that there is no other dwelling unit above or below another dwelling unit. Dwelling units may be adjacent to one another.
A dwelling unit consisting of one room for living and sleeping
purposes, a bathroom, kitchen and closets directly off the principal
room.
The technical process of identifying and evaluating the potential
environmental effects of a specific project both within impact category
and as a whole. For existing nonresidential property, an evaluation
of possible on-site pollution may be included in the required EA to
identify potential hazards and brown field sites. A Phase I and/or
II study acceptable to the appropriate agency of the Commonwealth
of Pennsylvania will satisfy the on-site pollution evaluation requirements.
The Federal Aviation Administration.
Any individual, or two or more persons, all of whom are related
by blood, marriage, legal adoption or foster placement. A group of
not more than six persons, some of whom are not related as defined
above, living together as a single housekeeping unit shall also be
considered to be a family. A "family" shall not be deemed to include
the occupants of a hotel, motel, boarding house, rooming or lodging
house, club, fraternity/sorority or dormitory or patients at a temporary
crisis or care center.
The keeping for care and/or instruction, whether or not for
compensation, of six or less children or adults at any one time within
a dwelling, not including members of the family residing on the premises.
Domiciliary care homes are included in family day care. Also see definition
for "domiciliary care homes." and "day care, family." Family care
homes are not regulated by the PA Department of Welfare until four
or more individuals receive service and the facility then is defined
as a personal care facility or a domiciliary care home which is regulated
by the PA Department of Aging.
The Federal Communications Commission.
Any outdoor barrier composed of fabricated materials which
is placed or arranged as a line of demarcation between lots, or to
enclose a lot or a part of a lot. For the purpose of this chapter,
a fence is a boundary line fence when the average center line of the
fence is established on the lot within two feet of a property and/or
lot line. The height of any fence shall be the distance measured from
the existing grade of the natural surface to the top of the fence.
A temporary inundation of normally dry land areas.
A lowland area adjoining a river, stream or watercourse which
is subject to partial or complete inundation.
An area subject to the unusual and rapid accumulation or runoff
of surface waters from any source. For the purpose of this chapter,
the one-hundred-year floodplain as defined in the Flood Insurance
Study for the Borough of Northampton prepared by the U.S. Department
of Housing and Urban Development.
FLOODWAYThe designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purpose of this chapter, the floodway and approximated floodplain, as defined in the Flood Boundary and Floodway Map and Floodway Data Table prepared by the U.S. Department of Housing and Urban Development.
FLOOD FRINGEThat portion of the floodplain outside the floodway.
ONE-HUNDRED-YEAR FLOODA flood that has a 1% chance of being equaled or exceeded in any given year.
The sum of the horizontal area of floors of a building measured
from the exterior face of exterior walls or, if appropriate, from
the center line of dividing walls; this includes courts and decks
or porches when covered by a roof.
The gross floor area exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
The width of a lot or parcel abutting a public right-of-way
measured at the front property line.
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five feet
from the building.
A facility which provides resident services to six or more
individuals of whom one or more are unrelated. These individuals are
handicapped, aged or disabled, are undergoing rehabilitation and are
provided services to meet their needs. This category includes uses
licensed or supervised by any federal, state or county health/welfare
agency, such as group homes (all ages), halfway houses, resident schools,
resident facilities and foster or boarding homes.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space.
When referring to a tower used or to be used in wireless
communications, the distance measured from the finished grade at the
perimeter of the structure to the highest point of the tower or other
structure, including the base pad and any antenna. If the base of
the tower is not on ground level, the height shall include the base
of the building or other structure to which the tower is attached.
An occupation which is permitted under the terms of this
chapter to be conducted in a residential dwelling unit as an accessory
use.
A building or part thereof used for the medical, psychiatric,
obstetrical or surgical care, on a twenty-four-hour basis, of four
or more inpatients. Hospital shall include general hospitals, mental
hospitals, tuberculosis hospitals, childrens' hospitals, and
any such facilities providing medical inpatient care.
A building or group of buildings designed to serve the public,
with one or more outside entrances which contains six or more permanent
bedrooms and which is designed, arranged and used for the overnight
lodging of travelers or for temporary occupancy of transients; and
which may include a public dining room and kitchen.
Dogs, cats, rabbits, birds, for family use only (noncommercial)
with cages, pens etc.
Includes scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or scrap zinc and all other scrap metals and their alloys,
and bones, rags, used cloth, used rubber, used machinery, used vehicles,
used tools, used appliances, used fixtures, used utensils, used lumber,
used boxes or crates, used pipe or pipe fittings, used tires, and
other manufactured goods, any of which are so worn, deteriorated or
obsolete as to make them unusable in their existing condition, but
are subject to being dismantled or processed for reclamation, salvage
or recycling.
An area of land, with or without buildings, primarily used
for the storage outside of a completely enclosed building, of junk,
including vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same,
the deposit or storage of two or more wrecked or broken motor vehicles
for a period of two months or longer, or the major parts of two or
more such vehicles shall be deemed to make the lot a "junkyard."
Any lot or premises on which four or more dogs or cats over
four months of age are kept, for compensation or not.
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
The finishing and adornment of unpaved yard areas. Landscape
materials generally include naturally growing elements such as grass,
trees, shrubs and flowers. Landscape materials shall also be permitted
to include the use of logs, rocks, fountains, water features and contouring
the earth.
See definition of "club."
A designated parcel, tract or area of land established by
a plot or plat or otherwise permitted by law, and to be used, developed
or built upon a unit.
LOT, CORNERA lot abutting upon two or more streets or alleys at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from the public right-of-way including alleys.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT, INTERIORA lot other than a corner lot.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT LINE, STREETA lot line separating the lot from a street.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
See definition of "dwelling, mobile home."
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building, or group of buildings, whether detached or interconnected
units, used as individual sleeping or dwelling units, designed primarily
for transient travelers, and provided with accessory off-street parking
facilities. The term "motel" includes buildings designed as tourist
courts, motor lodges, auto courts and other similar uses.
See definition of "dwelling, multifamily."
Borough of Northampton.
A lot whose width, area or other dimensions did not conform
to the regulations when this chapter became effective.
A structure or part of a structure lawfully existing at the
time this chapter became effective, which was designed, erected or
structurally altered whereby it does not conform to the zoning regulations
of the zone in which it is located. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a 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.
The exhibition or dissemination of materials, shows or services
which contain sexually explicit nudity and/or sexual conduct as defined
later herein. If such use comprises more than 20% of the stock-in-trade
of the premises or 20% of the show time, from time to time, then the
obscene use also constitutes an adult facility.
The exhibition or dissemination by sale, loan, or otherwise
of explicit sexual materials of an obscene nature; if such use comprises
more than 20% of the stock-in-trade of the premises or constitutes,
from time to time, the primary or major attraction to the premises.
Any picture, photograph, drawing, sculpture, motion picture
film, or other similar visual representation of image of a person
or portion of the human body which depicts nudity, sexual conduct,
or sadomasochistic abuse; or
Any book, pamphlet, magazine, printed matter, videotape, however reproduced, or sound recording which contains any manner enumerated in Subsection (1) above, or explicit and detailed verbal excitement, sexual conduct, or sadomasochistic abuse.
The average person, applying contemporary community standards,
would find that the subject matter taken as a whole appeals to the
prurient interest;
The subject matter depicts or describes in a patently offensive
way materials of the type described hereinabove; and
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational, or scientific value.
Words and phrases used herein shall have the meanings given
to them under 18 Pa.C.S.A. § 5903 and any amendments, from
time to time, thereto.
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios, and recreational areas and facilities.
Parking lots or structures located along public transit routes
designed to encourage transfer from private automobile to mass transit
of to encourage carpooling for purposes of commuting, or for access
to recreation areas.
Parking facilities shall consist of paved outdoor areas used
for the storage of vehicles or of specially designed buildings or
garages used for the same purposes. Private parking facilities are
those which are restricted to use by persons resident on the premises
or residing in the immediate vicinity of such facility or by their
guests. Public parking facilities are those which are open to the
public as an accommodation for customers, clients or visitors.
A building, other than a private garage, used for the parking
of automobiles with or without a fee.
An open area, other than a street, used for the parking of
automobiles.
A space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for
the parking of an automobile.
An area or courtyard located in the rear or side yard of
the principal structure, designed for outdoor living purposes; an
accessory use to a structure, which shall be completely unenclosed
except for any side which may adjoin a structure or for any fences,
shrubs or hedges three feet or less in height. Outdoor areas enclosed
by a permanent roof or awning shall be considered to be a structure.
A document issued by the Borough of Northampton authorizing
an applicant to undertake certain activities.
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the provisions of the building code adopted by the Borough of Northampton[1] and authorizing an applicant to commence with said construction,
alteration or reconstruction. Such a permit shall not be confused
with a zoning permit or occupancy permit as required under the terms
of this chapter.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
Any use which does not require special action by the Planning
Commission or the Zoning Hearing Board before a zoning permit is granted
by the Zoning Officer.
A natural person, heirs, executors, administrators or assigns,
and includes a firm, partnership or corporation, its or their successors
or assigns, or the agents of any of the aforesaid.
A premises in which food, shelter and personal assistance
supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision matters such as dressing, bathing,
diet, financial management, evacuation of a residence in the event
of an emergency or medication prescribed by self-administration. Such
homes are regulated and licensed by the PA Department of Welfare.
Also see "domiciliary care home" definition for reference purposes
only.
The Planning Commission of the Borough of Northampton.
A structure or part of a structure which is enclosed on one
or more sides by a fence or wall over three feet high or by a roof
or awning or a structure which would otherwise be classified as a
patio or deck except that it is one foot or more above the ground
elevation.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been constructed, so long as such approval is current and not
expired, or other tower or antenna lawfully installed in the Borough
of Northampton.
The primary or most important use of a lot, parcel or structure.
Municipal, county, state or federal government buildings
or facilities designed, maintained or used by the government or designed,
maintained or used for public use which is sponsored by such governments,
except landfills and waste disposal areas and facilities. Public buildings
and facilities shall not include alternative tower structures, antennas,
backhaul networks or towers.
A formal meeting held pursuant to public notice by the Borough
Council or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this act.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2]
Notice given not more than 30 days and not less than seven
days in advance of any public hearing required by Act 247, Pennsylvania
Municipalities Planning Code.[3] Such notice shall be published once each week for two
successive weeks in a newspaper of general circulation in the Borough.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing, and
the notice shall state the place or places where copies of items being
considered may be examined. The first publication shall be not more
than 30 days and the second publication shall not be less than seven
days from the date of the hearing.
A vehicle unit, other than a mobile home, whose gross floor
area is less than 320 square feet, which is designed for travel, recreational
and vacation use, and which is either self-propelled, mounted on or
pulled by another vehicle. Examples include, but are not limited to,
a travel trailer, camping trailer, truck camper, motor home, fifth-wheel
trailer or van.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant, other than a solicitor,
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A business, situated on a lot containing 10 acres or more,
combining lodging, eating and recreational facilities as a single
enterprise offered to the public at large or any segment thereof,
subject to the requirements contained herein.
A building containing one or more dwelling units in which
at least two rooms are offered for rent, to adults aged 18 years or
older, payable in money or other consideration, whether or not meals
are furnished to occupants, and in which no transients are accommodated
and no public restaurant is maintained. A school or college dormitory,
fraternity or sorority house, membership club with residents and other
similar uses are not deemed to be a boarding or rooming house.
A premises that maintains or conducts classes for the purpose
of offering instruction for consideration, profit or tuition. To five
or more pupils at one time, or to 25 or more pupils during the school
year, the purpose of which is to educate an individual generally or
specifically or to prepare an individual for more advanced study.
These schools may include nursery and kindergarten, elementary and
secondary schools, special education schools, tutoring centers, education
testing and remedial centers. The PA Department of Education governs
most private academic schools.
Screening as required by this chapter shall consist of a
visual screen or obstruction of sufficient height (but not less than
six feet high) to effectively obscure the area being screened from
adjoining uses. Such a screen or obstruction shall consist of a suitable
fence or wall or of appropriate planting materials such as shrubs,
hedges or trees located within a buffer strip having a minimum width
of five feet.
Ultimate sexual acts, normal or perverted, actual, or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
anilingus or physical contact with a person's nude or partially
denuded genitals, pubic area, perineum, anal region, or if such a
person be female, a breast.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernible turgid state; the postpubertal,
full or partially developed human female breast with less than fully
opaque covering of a portion thereof below the top of the areola nipple.
An advertising message, announcement, declaration, demonstration,
display, illustration, insignia, surface or space erected or maintained
in view of the observer thereof for identification, advertisement
or promotion of the interests of any person, entity, product or service,
including the sign structure, supports, lighting system and any attachments,
ornaments or other features used to draw the attention of observers.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered elsewhere than
on the premises where the sign is located.
A sign which directs attention to a business or profession
or to a commodity, service, or entertainment conducted, sold, or offered
upon the premises where such sign is located, or to which it is affixed.
A provision of this chapter which may be granted or denied
by the Board pursuant to express standards and criteria established
in this chapter. Requests for such special exceptions shall be decided
by the Board after a hearing to determine compliance with said standards
and criteria and after review by the Planning Commission.
Have the same meaning and be identical with "special exception."
That portion of a building included between the surface of
any floor, but excluding the basement or cellar, and the ceiling next
above it and having a vertical distance of not less than seven feet.
Any such portion of a building having a distance of less than seven
feet shall be considered to be a half story.
A public thoroughfare which provides the principal means
of access to abutting property.
Anything constructed including a building, the use of which
requires permanent location on the ground, or attachment to something
having a permanent location on the ground, including stationary and
portable carports, porches and below-ground swimming pools.
Any body of water or receptacle for water having a surface
area of more than 80 square feet and/or a depth at any point greater
than two feet, used or intended to be used for swimming or bathing
and constructed, installed, or maintained in or above the ground.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
Such devices shall not be deemed a public utility or public use.
See definition of "dwelling, townhouse and/or row house."
See definition of "recreation vehicle."
Equipment or facilities regulated by the Pennsylvania Public
Utility Commission and utilized for producing, generating, transmitting,
distributing or furnishing natural or artificial gas, electricity
or steam for the production of light, heat or power to or for the
public for compensation; diverting, developing, pumping, ponding and
distributing or furnishing water to or for the public for compensation;
transporting passengers or property as a common carrier; equipment
or facilities for use as a canal, turnpike, tunnel, bridge, wharf
and the like for the public for compensation; transporting or conveying
natural or artificial gas, crude oil, gasoline or petroleum products,
materials for refrigeration of oxygen or nitrogen or other fluid substance
by pipeline or conduit for the public for compensation; conveying
or transmitting messages or communications by telephone or telegraph
or domestic public land mobile radio service including, but not limited
to, point-to-point microwave radio service for the public for compensation;
and sewage collection treatment or disposal for the public for compensation
utilities shall not include alternative tower structures, antennas,
backhaul networks or towers.
The Board's authorized departure to a minor degree from
the text of this chapter in direct regard to a hardship peculiar to
an individual lot in accordance with the procedure set forth in this
chapter.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
An open space which lies between the principal building or
group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein permitted.
YARD, FRONTAn open space, which lies between the principal building or group of buildings and the front lot lines, unoccupied and unobstructed from the ground upward exclusive of shrubs or fences.
YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except for accessory structures as permitted in this chapter.
YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
The Zoning Hearing Board of the Borough of Northampton.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
