As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONMENT
The relinquishment of property, or a cessation of the use
of the property, by the owner or lessee without any evidence of transferring
the rights to the property to another owner or of resuming the use
of the property.
ABUTTING
Having a common border with, or being separated from such
a common border by a right-of-way, alley, or easement.
ACCESSORY BUILDING
A subordinate building, structure or portion of the main
building on the same lot, the use of which is customarily incidental
to that of the main or principal building, including but not limited
to detached garages, noncommercial greenhouses in residential districts,
storage sheds, swimming pools, children's playhouses, decks, carports
and private animal pens and dog houses, located in the required side
or rear yards.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
of building, gardening as an avocation on a residential lot, keeping
of domestic pets, off-street parking or loading, storage of merchandise
normally carried in stock on the same lot with a commercial use unless
such storage is excluded in the district regulations.
ALTERATIONS
As applied to building or structure, means a change or rearrangement
in structural parts or in the existing facilities or an enlargement,
whether by extending on side, front or back or by increasing height
or the moving from one location or position to another.
AMENDMENT
Revisions to the zoning text and/or the Official Zoning Map;
the authority for any amendment lies solely with the Borough Council
and is pursuant to the Pennsylvania Municipalities Planning Code.
ANIMAL OR VETERINARY HOSPITAL
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
APPLICATION
An application, required to be filed and approved by the
Borough of Tyrone prior to start of construction or development.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory building.
AUTOMOTIVE REPAIR
A building used primarily for making major repairs to motor
vehicles, including overhauling, body work, refinishing, and upholstering
and incidental servicing.
BED-AND-BREAKFAST INN
A house, or portion thereof, where short-term lodging rooms
and meals are provided. The operator of the inn shall live on the
premises or in abutting premises.
BILLBOARD
A surface whereon advertising matter is set in view conspicuously
and which advertising does not apply to premises wherein it is displayed
or posted.
BOROUGH
The Borough of Tyrone, Blair County Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Tyrone, Blair County,
Pennsylvania.
BROADCAST TRANSMISSION FACILITY
Any structure designed or intended for use to transmit or
relay any digital, electronic, radio, television or microwave signal
via the atmosphere, excluding satellite receivers less than 18 inches
in diameter and transmission facilities required for public safety.
BUILDING
A structure having a roof supported by columns or walls and
intended for use for shelter or storage of any individual, animal,
process, equipment, goods or materials.
CERTIFICATION OF COMPLIANCE
A statement, based on an inspection, signed by the Zoning
Officer, setting forth either that a building, structure or use of
a parcel of land complies with this Zoning Ordinance or that a building,
structure or parcel of land may lawfully be employed for specified
use or both.
CHURCH or HOUSE OF WORSHIP
An institution that people regularly attend to participate
in or hold religious services, meetings, and other activities. The
term "church" shall not carry a secular connotation and shall include
buildings in which the religious services of any denomination are
held.
CLUB
Buildings or facilities owned or operated by a corporation,
association, or persons for a social, educational, or recreational
purpose; but not primarily for profit or to render a service that
is customarily carried on as a business.
COMMERCIAL ESTABLISHMENT
An establishment housing an occupation, employment or enterprise
that is carried on for profit by the owner, lessee, or licensee, involving
a sale of goods or services.
CONDITIONAL USE
A specific use identified as allowable in a particular zoning
district pending review and approval by the Borough Council.
CONVENIENCE STORE
A commercial establishment offering gasoline, prepared food
primarily for off-premises consumption, packaged food and dairy products,
beverages and related items, typically over extended hours or open
for 24 hours.
CONVERSION APARTMENTS
The renovation and portioning of a single-family residential
structure into no more than two apartments, each having a minimum
of 800 square feet of gross floor area.
COVERAGE, BUILDING
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total lot area.
DAY-CARE FACILITIES
A facility in which part-time care is provided for children
or adults, having the necessary licenses and permits required by the
Commonwealth of Pennsylvania.
DECK
An open, unroofed platform structure having a vertical elevation
above the ground extending from a principal building.
DENSITY
A ratio of the number of dwelling units per acre that occupy
or may occupy an area of land.
DEVELOPMENT PLAN
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan," when used in this chapter, shall mean the written and graphic
materials referred to in this definition.
DISTRICT or ZONING DISTRICT
An area constituted by or pursuant to this chapter and delineated
by text and map as to location, extent, nature and contents.
DRINKING ESTABLISHMENT
Any premises licensed by the Pennsylvania Liquor Control
Board wherein alcoholic beverages are sold at retail for consumption
on the premises.
DWELLING
A building or portion thereof that provides living facilities
for one or more families.
DWELLING UNIT
One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family
with separate toilets and facilities for cooking and sleeping.
DWELLING, MULTIFAMILY
A building or portion thereof for occupancy by three or more
families living independently of each other and containing three or
more dwelling units.
DWELLING, TWO-FAMILY
A building arranged, designed, or intended for occupancy
by two families living independent of each other and doing their own
cooking therein, on a single lot.
EASEMENT
The right of a person, government agency, or public utility
company to use public or private land owned by another for a specific
purpose.
EATING ESTABLISHMENT
A commercial establishment that serves food and beverages
primarily for on-premises consumption. This includes cafes, sit-down
restaurants and outdoor cafes.
EATING ESTABLISHMENT, DRIVE-IN
A retail outlet where food or beverages are sold to a substantial
extent for consumption off-premises or a drive-in window is provided.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by
public utilities or public service establishment or municipal or other
governmental agencies of: underground gas, electrical, telephone,
radio, television transmission or distribution systems; and public
water, public sanitary sewer and public storm sewer facilities including
wires, mains, drains, sewers, pipes, conduits, fire alarm boxes, traffic
signals, hydrants and similar equipment and accessories in connection
therewith; including buildings necessary for the furnishing of adequate
services for the public health, safety and general welfare; excluding
sanitary landfills.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, separate or screen areas of land.
A.
FENCE, CLOSEDA solid fence with 0% open area, including gates, effectively screening the activities conducted on a property from adjacent properties and rights-of-way.
B.
FENCE, OPEN/ORNAMENTALA fence with greater than 25% open area, including gates, including but not limited to split rail fence.
FLEA MARKET
An occasional or periodic market held in an open area or
structure where groups of individual sellers or dealers offer goods
for sale to the public.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
FRATERNAL ORGANIZATION
A group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings,
rituals and formal written membership requirements.
GARAGE
An enclosed space for the storage of one or more motor vehicles,
either attached to or detached from the principal building, provided
that no business, occupation or service is conducted for profit therein
nor space therein for more than one car is leased to a nonresident
of the premises.
GROSS FLOOR AREA
The sum of the total horizontal areas of the building of
all floors of a building sustaining a particular use, measured from
the exterior face of exterior walls, or from the center line of a
common wall separating two buildings or uses, excluding any space
where the floor-to-ceiling height is less than six feet and any interior
parking/garage/loading space.
GROUP HOME
A facility or dwelling unit providing food, shelter and personal
guidance with supervision to four or more persons who are not within
the second degree of kinship and are operating as a group family household,
including but not limited to handicapped persons, foster children,
elderly, battered children and women, and operates as a special treatment
facility providing less than primary health care.
HABITABLE FLOOR AREA
In a dwelling unit, the sum of the interior floor area excluding
the area devoted to a kitchen, bathroom/powder room, closets, pantry,
hallways, basement, garage, porch/deck, attic and storage space.
HOME OCCUPATION
An occupation, profession, activity, or use other than a
no-impact home-based business as defined in this chapter, permitted
under the provisions and conditions of this chapter.
HORTICULTURE
The science or art of cultivating fruits, vegetables, flowers,
or ornamental plant.
HOTEL (see also MOTEL)
A facility offering transient lodging accommodations on a
daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, and recreational facilities.
INDUSTRIAL PARK
A tract of land that has been planned, developed and operated
as an integrated facility for a number of individual light industrial
users, with special attention to circulation, parking, utilities,
aesthetics and compatibility.
INDUSTRIAL, LIGHT
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
JUNK
Old, dilapidated, scrap or abandoned metal, paper, building
material and equipment, bottles, glass appliances, furniture, beds
and bedding, rags, rubber, motor vehicles, and parts thereof.
JUNKYARD
A commercial establishment on a lot or in a structure, or
part thereof, used primarily for the collecting, storage, and sale
of wastepaper, rags, scrap metal or discarded material; or for the
collecting, dismantling, storage and salvaging of machinery or vehicles
not in running condition, and for the sale of parts thereof.
LAND DEVELOPMENT
Any of the following activities are included as land developments:
A.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
(2)
The division or allocation of land or space, whether initially
of cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
Development in accordance with Section 503(1.1), Article
V, of the Pennsylvania Municipalities Planning Code.
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.
LOT AREA
The area of horizontal plan bounded by the vertical planes
through front, side, and rear lot lines.
LOT COVERAGE
Determined by dividing that area of lot that is occupied
or covered by the total horizontal projected surface of all buildings
and structures by the gross area of that lot.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT LINE, FRONT (see also YARD, FRONT)
On an interior lot, the lot line abutting a street; or, on
a corner lot, the shorter lot line abutting a street; or, on a through
lot, the lot line abutting the street providing the primary access
to the lot; or, on a flag lot, the interior lot line most parallel
to and nearest the street from which access is obtained.
LOT OF RECORD
A lot whose existence, location, and dimensions have been
legally recorded or registered in a deed or on a plat.
LOT WIDTH
The horizontal distance between side lot lines, measured
at the required front setback line.
LOT, CORNER
A lot abutting two or more streets at their intersection.
MALL
A shopping center where tenants are located on one or both
sides of a covered walkway with direct pedestrian access to all establishments
from the walkway.
MANUFACTURING
The act of producing, processing, preparing or assembling
finished products or goods from raw materials or component parts through
the repetitious use of an established or set process.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit 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,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MOTEL (see also HOTEL)
A building or group of detached or connected buildings designed
or used primarily for providing sleeping accommodations for automobile
travelers and having a parking space adjacent to a sleeping room.
MUNICIPALITY
The Borough of Tyrone, Blair County, Pennsylvania.
NEIGHBORHOOD CONVENIENCE COMMERCIAL
A commercial establishment having a maximum size of 900 square
feet of gross floor area, primarily to serve day-to-day convenience
needs of local residents of the immediate neighborhood in a pedestrian-oriented
design. Examples of such establishments are those meeting the maximum
size requirement and include but are not limited to groceries, cafes,
drugstores, beauty shops/hairstylists and craft stores.
NO-IMPACT HOME-BASED BUSINESSES
This includes business or commercial activity administered
and conducted as an accessory use clearly secondary to the residential
use of the dwelling, and which involves no vehicular or pedestrian
customer, client or patient traffic, and the business use requires
no pickup, delivery or removal functions to or from the premises in
excess of those normally associated with the residential use. The
business or commercial activity must satisfy the following:
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.
The business shall not involve the display or sale retail goods
and no stockpiling or inventory of a substantial nature;
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights;
E.
The business activity may not use any equipment or process that
creates noise, vibration, glare, fumes, odors, electronic 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 uses in the neighborhood;
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor space; and
H.
The business may not involve any illegal activity.
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 zoning district in which it is
located by reasons 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 a
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 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.
NURSING HOME
An institution for the care of the aged or the infirm, who
are residents by virtue of requiring specialized care and supervision
relating to health, social and/or rehabilitative services, but not
for the care and treatment of alcoholism or narcotics addiction. The
facility shall be licensed in accordance with appropriate state and/or
county laws and regulations.
OPEN SPACE
Any parcel or designated land area in its natural state or
essentially unencumbered by either principal or accessory uses, buildings,
structures, or impervious surfaces.
OUTDOOR FURNACE
A solid fuel-burning appliance, not construed to be an accessory
building or accessory use under this chapter, located to the exterior
of the building it serves, used for space heating and/or domestic
water heating.
PARCEL
A continuous quantity of land in the possession of or owned
by, or recorded as the property of, the same person or persons.
PARKING SPACE
An area on a lot and/or within a building intended for the
use of temporary parking of a personal vehicle. This term is used
interchangeably with parking stall. Each parking space must have a
means of access to a public street. Tandem parking stalls in single-family
detached, single-family attached, and townhouse residential uses shall
be considered to have a means of access to a public street.
PATIO
An unroofed area or courtyard built at ground level, paved
with concrete, bituminous, brick or a similar dustless all-weather
surface, adjoining a residential dwelling used as an area for outdoor
lounging, dining, etc.
PEDESTRIAN-ORIENTED COMMERCIAL RETAIL
Commercial establishments in that portion of a building or
property located at or closest to the level of the public sidewalk
or within 40 feet of a public sidewalk.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Act of 1968, P.L. 805, No. 247 as reenacted and amended,
the enabling legislation that permits municipalities in Pennsylvania
to prepare and enact comprehensive development plans, zoning ordinances
and other land use controls.
PERSONAL CARE HOME
Facilities that provide lodging, food and some support services
for people who are elderly or who have mental or physical disabilities;
who are unable to care for themselves but who do not require twenty-four-hour
nursing services in a licensed nursing care facility. Typically, residents
of these facilities need help with dressing, feeding, taking medications,
mobility issues and finances.
PHILANTHROPIC FACILITIES
Offices of organizations primarily involved in dispensing
or receiving aid from funds set aside for humanitarian purposes.
PLAT
A map, plan or layout of a subdivision indicating the location
and boundaries of individual properties.
PORCH
A roofed open area, which may be glazed or screened, attached
to and directly accessible to/from a principal building, conforming
to the dimensional requirements required for principal buildings in
the respective zoning district.
PRINCIPAL USE
The main use of land or structures, as distinguished from
a secondary or accessory use.
PRIVATE CLUB
An organization catering exclusively to members and their
guests; or premises and building for recreational or athletic purposes
which are not conducted primarily for gain, providing that any vending
stands, merchandise or commercial activities are conducted only as
required generally for the membership of each club.
PROFESSIONAL OFFICE
The office of a member of a recognized profession practitioner
of a calling or occupation that the commonly identified to be professional
in character by virtue of specialized knowledge, training, education
and/or experience required for the practice of said calling or occupation.
Said professions shall include, but not be limited to, law, medicine,
chemistry, ministry, architecture, accounting, engineering, writing
and education.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, the Planning Committee/Commission or the Zoning Hearing Board,
intended to inform and obtain public comment, prior to taking action
in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Tyrone Borough area.
Such notice shall state 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 USES
Includes public and semipublic uses of a welfare and educational
nature, such as parks, churches or houses of worship, cemeteries,
fire stations, municipal buildings, essential public utilities that
require enclosures within a building, municipal active and passive
recreational facilities, easements for alleys, streets, and public
utility rights-of-way.
RECREATION, ACTIVE
Leisure time activities requiring specialized equipment,
sites and fields, carried out in an organized fashion and usually
performed by teams or other individuals.
RECREATION, PASSIVE
A leisure time activity not considered active, occurring
in a nonstructured manner and requiring little if any community infrastructure
or equipment, including but not limited to hiking, bicycling, nature
walks and rustic camping.
RECYCLING CENTER
A facility that is not a junkyard and in which recoverable
resources, such as newspapers, glassware, plastic containers, and
metal cans, are collected, stored, flattened, crushed, or bundled,
essentially by hand, within a completely enclosed building.
RECYCLING COLLECTION POINT
A collection point for small refuse items, such as bottles
and newspapers, located either in a container or small structure.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
other special use.
ROAD
A public or private way that affords principal means of access
to abutting properties. The word "road" shall include, but not be
limited to, the words "street," "highway," "alley," and "thoroughfare."
ROAD CENTER LINE
The center of the surveyed road right-of-way, or where not
surveyed, the center of the traveled cartway.
ROAD CLASSIFICATION
For the purpose of this chapter, the following definitions
are employed:
A.
MAJOR ARTERIALA road whose function is to provide for the movement of high volumes of through traffic subject to necessary control of entrances, exits and curb use.
B.
COLLECTORA road or street that provides for the movement of large volumes of traffic between arterials and local roads and direct access to abutting properties.
C.
LOCALA road whose function is to provide for local traffic movement and direct access to abutting properties.
D.
PRIVATE or NONPUBLICAll streets which are not public including, but not limited to, streets maintained by private agreements, by private owners or for which no maintenance responsibility has been established; and including all private driveway easements or rights-of-way for access.
SCREEN PLANTING
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.
SELF-SERVICE STORAGE
A warehousing facility where separate storage spaces of varying
size are available for lease or rental, usually on a self-service
basis. For the purposes of this chapter, there shall be no residential
occupancy or nor commercial sales conducted from such storage areas.
SERVICE STATION
Any premises where gasoline and other petroleum products
are sold and/or light maintenance activities such as engine tuneups,
lubrication, minor repairs, and carburetor cleaning are conducted
for motor vehicles.
SETBACK
The required minimum horizontal distance between the building
line and the related front, side, or rear property line.
SEXUALLY ORIENTED BUSINESS
A business establishment with more than 15 square feet of floor area devoted to an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theater, escort agency, nude model studio, or sexual encounter center as defined and further regulated in Chapter
58, Adult Entertainment.
SHOPPING CENTER
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access.
SIGN
A structure that consists of any device, light, letter, word,
model, banner, pennant, trade flag, logo, insignia, balloons or representation
that advertises, directs, or announces the use conducted; goods, products,
services or facilities available; or that influences persons or conveys
information, or that calls attention to the building or the use located
on the lot. The term "sign" does not include the flag of the United
States of America or the Commonwealth of Pennsylvania, or any federal,
state or municipal traffic or directional sign or other official federal,
state, county or municipal government signs.
B.
SIGNS, BUSINESSA sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured or to an entertainment event offered on the premises where the sign is located.
C.
SIGNS, BILLBOARDA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises or land on which the sign is located.
D.
SIGN, AWNINGA sign painted on or attached to a removable frame, of the hinged, rolled or folding type, that may have a covering, either combustible or noncombustible.
E.
SIGN, COMMERCIAL OR OFFICE CENTERA directory, on or off premises, used to identify specific enterprises that are located within the commercial, industrial, business or office center.
F.
SIGN, MARQUEEA sign painted on, attached to, or consisting of an interchangeable copyreader, on the face of a building, or as part of a freestanding sign.
G.
SIGN, PROJECTINGA sign other than a wall sign that is attached to and projects from a building face or wall, or from a structure whose primary purpose is other than the support of the sign.
H.
SIGN, WALLA sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and does not project more than 10 inches from such building or structure.
I.
SIGN, WINDOWA sign affixed to the surface of a window, or within the display area of a window, with its message intended to be visible to and readable from the public right-of-way, and/or from adjacent properties.
SIGN AREA
The area of the smallest geometric figure or sum of the combination
of regular geometric figures and background that comprise the sign
face, excluding structural supports, and decorative trim, that displays
the sign copy.
SILVICULTURE
The development and/or maintenance of a forest or wooded
preserve.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles
VI and IX of Act 247, the Pennsylvania Municipalities Code, as amended.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 or ownership of 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.
SWIMMING POOL
Any reasonably permanent pool or open tank, not located within
a completely enclosed building, and containing, or normally capable
of containing, water to a depth any point greater than two feet. Ponds
and/or lakes are not included, provided that swimming is not the primary
purpose for their construction. Barrier requirements for aboveground
pools shall be measured from the ground.
TRANSFER STATIONS
A lot or structure, or part thereof, used primarily for the
collection and/or storage of garbage, refuse and other discarded materials
including, but not limited to, solid and liquid waste materials resulting
from industrial, commercial, agriculture and residential activities.
USE
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
VARIANCE
A modification of the literal provisions of this chapter pursuant to the provisions of Articles
VI and IX of Act 247, the Pennsylvania Municipalities Code, as amended, which the Zoning Hearing Board is permitted to grant when
strict enforcement would cause undue hardship owing to circumstances
unique to the individual property on which the variance is sought.
VEGETATIVE MATERIAL
Natural landscaping materials providing decoration and/or
screening, including trees, bushes, ornamental grass, shrubs and similar
material.
WAREHOUSING
Terminal facilities and buildings used for the storage of
goods and materials and/or handling of freight, with or without maintenance
facilities.
WHOLESALING
The business of selling merchandise to retailer, industrial,
commercial, institutional, professional or other business users; or
to other wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
YARD
An open space that is between the principal building or group
of buildings and the nearest lot line. Such space shall be unoccupied
and unobstructed from the ground upward except as may herein be permitted.
A.
YARD, FRONTAn open space between the principal building or group of buildings and the front lot lines, unoccupied and unobstructed from the ground upward, extending the full width of the lot.
B.
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.
C.
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.
ZONING MAP
The Official Zoning Map of Tyrone Borough, together with
all notations, references and amendments that may subsequently be
adopted. The Zoning Map shall be considered a part of this chapter.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
ZONING ORDINANCE
The ordinance in effect as adopted or amended that controls
or regulates land use in the Borough.