In interpreting this chapter, the present tense includes the
future; the singular number includes the plural, and the plural, the
singular; the word "building" includes the word "structure" and shall
be construed as if followed by the words "or part thereof"; the word
"occupy" includes the words "designed or intended to be occupied";
and the word "person" includes any natural persons, partnership, firm,
association, or corporation.
Words and terms used in this chapter shall have the meanings
given in this article. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this chapter, shall be construed to have its legal definition as
it appears in the Pennsylvania Municipalities Planning Code,[1] as amended, or in the absence of a legal definition, its
meaning as commonly accepted by practitioners, including civil engineers,
surveyors, architects, landscape architects, and planners.
A detached building or structure subordinate to the principal
building on the lot and used for purposes customarily incidental to
those of the principal building. Garages and sheds are typical accessory
structures.
A use subordinate to the principal use or building or other
structure on a lot and customarily incidental to the principal use.
A piece of land which provides physical access to and legal
road frontage for a lot but which does not comply with the minimum
lot width requirements of this chapter. Access strips provide access
to "rear" or "interior" lots. The area of an access strip shall not
be included in the minimum lot area under the provisions of this chapter.
Any business, club, or other similar operation which permits
patrons, clients, visitors, or members to hear, view, read, lease,
purchase, trade, or exchange, and/or participate in activities, publications,
movies, videotapes, and/or live or televised performances which have
as their dominant theme explicit sexual activities and/or the exhibition
of portions of human or animal anatomy which are not normally seen
in public or in other commercial or club-type operations, and which
operations may or may not exclude minors by virtue of age. Included
are bookstores, movie theaters, restaurants, bars, and any other operation
which involves this theme, regardless of the type of other uses or
operations which may also be conducted on or in the property involved.
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nursery, horticulture, and forestry.
A public thoroughfare, other than a street or road, owned
and maintained by the Borough, which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
[Added 6-5-2006 by Ord. No. 1-06]
Any change in existing facilities, structural parts, or mechanical
equipment which does not increase the cubic content of a building.
Satisfaction derived from ownership or occupancy, or both,
of a property because of qualities of excellence which characterize
the property and its surroundings. In appraising, the term is most
frequently used in connection with considerations relating to properties
which typically are strongly appealing to prospective buyers for owner
occupancy.
Unless otherwise expressly stated for the purpose of this
chapter, any automatic, mechanical, electric or electronic device,
machine, or apparatus for the playing of games, amusement or entertainment,
whether operated manually or by coins, tokens, slugs, remote control
or by payment of money to have the device activated, or by pins, pegs,
ball, electronic batteries or other electric current. The term "amusement
device" shall not apply to any machine or device whose sole purpose
is to reproduce music, nor shall it apply to any machine or device
which dispenses tangible personal property. This definition shall
not include the following: jukeboxes, rides, bowling alleys and any
game or device maintained within a residence for the sole use of the
occupants thereof and their guests.
A dwelling unit in a building containing three or more units,
having some common service or facilities, or both, and served by a
common entrance hall.
A building containing three or more dwelling units, having
common services or facilities, or both, and served by a common entrance
hall.
Passed upon as satisfactory by the authority designated by
law to give approval to the matter in question.
A continuous passageway parallel to and open to a street,
open space or building, usually covered by a canopy or permanent roofing,
and accessible and open to the public (area where devices/games could
be placed for amusement purposes).
The point above a waterway which defines the maximum height
of channel flow of a waterway. It is either determined visually or
computed as an elevation using the peak rate of runoff from a two-year
storm event.
[Added 6-1-1998 by Ord. No. 6-98]
A building story partly below and partly above grade, having
at least 1/2 its height above grade, when measured in compliance with
the definition of "story" (also see "cellar").
Any enlargement of a building, whether by expanding on any
side or by increasing in height, any change in the use or classification
of a main building, or the moving of a building from one location
to another.
A residential use consisting of one dwelling unit together
with not more than five rooms or suites that are rented to overnight
guests, and where meals are prepared for the guests by the proprietors.
The rented rooms do not contain kitchen facilities and do not constitute
separate dwelling units.
The duly elected governing body of the Borough of Pennsburg
in the County of Montgomery, Commonwealth of Pennsylvania.
Any structure having enclosed walls or partly enclosed walls
and a roof, that is permanently located on the land.
A building subordinate to the principal building on the same
lot therewith and used for purposes customarily incidental to those
of the principal building.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, taken at their greatest outside dimensions
on the ground floor, including all attached structures, except steps
and terraces at a lower plane or planes than the majority of the first-floor
area of the principal building. Cornices, eaves, and gutters are excluded,
while patios, porches, decks, breezeways, and carports are included.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, provided that, in the case of a lot where
the side lines are not parallel, the building line shall be at that
point where minimum lot width first coincides with the required lot
width but in no case closer to the street line than the required front
yard.
A building in which is conducted the principal use of the
lot on which it is located.
A building story partly below and partly above grade, having
at least 1/2 its height below grade, when measured in compliance with
the definition of "story" (also see "basement").
The following types of day-care facilities are regulated
by this chapter:
FAMILY DAY-CARE HOMEAny premises, other than the child's own home, in which child day care is provided at any one time for four, five or six children who are not relatives of the caregiver and where the child-care areas are being used as a family residence.
GROUP DAY-CARE HOMEA facility in which care is provided for more than seven but fewer than 12 children at any one time, where the child-care areas are being used as a family residence.
DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child-care areas are not being used as a family residence.
Provision made for traffic within or through buildings, outside
areas, and communities.
A principal building used for the meeting place of an organized
group of citizens, such as a veterans' organization, fraternal organization,
business organization, service organization, and the like, in which
activities are limited to members of the organization and their guests,
and which may also provide living quarters for caretakers and transient
quarters for members; also includes fraternity house, lodge, and residential
club.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for 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 and as are appropriate for the recreation of residents.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Pennsburg Borough Comprehensive Plan and amendments thereto,
including maps, charts, and/or descriptive matter officially adopted
by the Borough Council, indicating recommendations for the continuing
development of the Borough and including all elements required by
the Pennsylvania Municipalities Planning Code (Act 247).[2]
An estate in real property consisting of an undivided interest
in a portion of a parcel together with a separate interest in a space
within a structure. This form of ownership may be applied in residential,
professional office, limited industrial, and commercial land uses.
The materials and methods of fabricating the various elements
of a structure or building.
The remodeling or alteration of a structure so as to accommodate
the provision of more apartment units (or dwelling units) than were
originally intended. Conversion would then include the alteration
of a nonresidential structure into a dwelling unit for at least one
family; the modification of a single-family structure so as to accommodate
two or more dwelling units; and the alteration of a multifamily structure
so as to accommodate more units than originally intended.
An open, unoccupied space bounded on two or more sides by
the exterior walls of a building or by exterior walls or lot lines:
INNER COURTA court enclosed on all sides by exterior walls of a building or exterior walls and lot lines on which walls are allowable.
OUTER COURTA court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.
A minor street with an entrance and exit at the same end.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
DEED RESTRICTIONA restriction on the use of a property in a deed.
WARRANTY DEEDA deed in which, either expressly or by implication, the grantor guarantees that the title which he undertakes to transfer has not been previously conveyed by him or her and is free from defects and that the property is unencumbered except as stated, and for himself or herself and heirs, agrees to defend and protect the grantee against any loss which may be suffered by reason of the existence of any other title or interest in the property existing at the time the deed was executed and not excepted therein.
The number of units (persons, families, or dwellings) per
acre or square mile.
The developable acreage shall equal the gross acreage minus
the following:
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location, and bulk, 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" shall mean the written and graphic materials referred to in
this definition.
An animal which is customarily kept within the household
as a pet, including a dog, cat, parakeet, and hamster, but not to
exceed a total of five in number. "Domestic animal" does not include
animals which can be or have been domesticated but which are not customarily
regarded as pets.
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
[Amended 6-5-2006 by Ord. No. 1-06]
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling unit.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes and includes the following:
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, with each occupying the total space from ground to roof, and joined to each other by a vertical, common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least one but not more than five adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. This dwelling type shall include but not be limited to dwelling units commonly known as "townhouses," "row houses," "triplexes," "quadraplexes," and "multiplexes."
MULTIFAMILYA detached residential building containing three or more dwelling units, characterized as follows:
The dwelling units may share outside access and internal hallways,
lobbies, and similar facilities.
The dwelling units are generally located entirely above or below
one another.
Each dwelling unit is usually contained on only one floor of
the building.
The dwelling units cannot be individually lotted but instead
share the lot or tract on which the building containing them is located.
The development is usually under one operating unit, as a rental
or condominium development.
APARTMENTA single dwelling unit in a multifamily building. A single dwelling unit in a duplex may also be referred to as an "apartment."
MOBILE HOMEA single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the United States Department of Housing and Urban Development, as indicated by the Structural Engineering Bulletin(s) provided to the Borough Council by the applicant. It shall be contained in one unit (called a "single-wide"), or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing (called a "double-wide"), which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used with or without a permanent foundation, including any roofed addition such as extra rooms, patios, porches, etc.
MODULAR HOMEA dwelling unit for permanent occupancy, made by assembling one or more factory-produced, three-dimensional sections into one integral building, not capable of easily being separated for repeated towing, whose construction and materials must conform to those of conventionally built units, as required by the Borough's Building Code, and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Borough Council, indicating approval of the dwelling or its components by the United States Department of Housing and Urban Development.
One or more rooms with cooking and sanitary facilities, provided
solely for the living purposes of one family.
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public; provided that, in residential districts,
an electric substation shall not include rotating equipment, storage
or materials, trucks or repair facilities, housing or repair crews,
offices or places of business.
Any number of individuals living together as a single housekeeping
unit and doing their cooking on the premises, when said individuals
are related by blood, marriage, or adoption, including any number
of foster children under the care of same; or no more than five unrelated
individuals living together as a single, nonprofit housekeeping unit
and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided for in this chapter. (This definition shall not
apply to the occupants of a club, fraternity house, lodge, residential
club, boardinghouse, or rooming house.)
A structure that is an artificially constructed barrier of
any material or combination of materials, erected to enclose, screen,
or decorate areas of land. Fences shall not have any built-in walls,
floors or roofs.
[Added 9-3-2002 by Ord. No. 11-02]
BOUNDARY FENCEA fence lying parallel to a property line for the purpose of enclosing a parcel.
The extent of a building or of land along a public road or
a public waterway.
Zoning is part of city or community planning designed to
promote and protect the health, safety, morals, convenience, prosperity,
and general welfare of the inhabitants of the community. By a zoning
ordinance, a municipality may be divided into districts in which the
use of land; the use, height, and bulk of buildings; the density of
population; and the area of the lot upon which buildings may be placed
are regulated (from "The Preparation of Zoning Ordinances," 1931).
A room where amusement devices/games and similar equipment
are used (including video games, billiard tables, pinball machines,
and table hockey, among others).
PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. No commercial vehicle or truck in excess of two tons may be stored in a private garage.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service, or repair of motor vehicles.
STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories, or supplies.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing, or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs.
A building's vertical measurement from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, antennas, tanks, and similar projections shall comply with the provisions of § 110-306 of this chapter.[3]
A business or commercial activity administered or conducted as an accessory use clearly secondary to a residential use and fails to meet all of the requirements for a no-impact home business contained in the Pennsylvania Municipalities Planning Code and § 110-312B(4) of the Pennsburg Borough Zoning Ordinance, but which substantially conforms to the requirements contained therein. Examples of major home occupations shall include but not be limited to office for medical, dental, legal, insurance agent, accountant, or other similar professional purposes; family child/adult day care involving no more than six children or adults unrelated to the operator; preparation of food or food products to be sold or served off site, including but not limited to catering services; and other accessory uses that do not qualify as a no-impact home occupation, but, in the determination of Borough Council pursuant to a conditional use application, are considered to be of the same general character of home occupations listed herein and meet all the requirements for major home occupations.
[Added 11-19-2019 by Ord. No. 5-2019]
A business or commercial activity administered or conducted as an accessory use clearly secondary to a residential use, and also meets the requirements for no-impact home business contained in the Pennsylvania Municipalities Planning Code and § 110-312B(4) of the Pennsburg Borough Zoning Ordinance. Examples of no-impact home occupations shall include but not be limited to dressmaking, sewing, tailoring, painting, sculpting; writing, music, filmmaking; telephone answering, typing, bookkeeping; home crafts, such as model making, rug weaving, pottery, jewelry making, and cabinet making; computer programming that involves services to outside clients; tutoring up to two students at one time; beautician or barber services by appointment only, up to two clients at one time; professions such as architect, planner, engineer, financial consultant; cooking or baking for off-site sales and use, construction tradesperson; insurance and real estate salesperson; manufacturer's or sales representative; telephone answering or telephone sales; internet sales; general secretarial work; and any other occupation that the Zoning Officer deems comparable to the above in terms of scale and impact.
[Added 11-19-2019 by Ord. No. 5-2019]
A business or commercial activity administered or conducted as an accessory use clearly secondary to a residential use which fails to meet all of the requirements for a no-impact home business contained in the Pennsylvania Municipalities Planning Code and § 110-312B(4) of the Pennsburg Borough Zoning Ordinance or substantially conform to the requirements contained therein. Examples of prohibited home occupations shall include but not be limited to an animal shelter, commercial kennel, or veterinary office; rooming or boarding home; bed-and-breakfast; funeral home; restaurant; outdoor cafe; club or lodge; medical or dental clinic (two or more doctors or dentists); retail shop; rental business; furniture stripping; auto or small engine repair; painting of vehicles, trailers, or boats; manufacturing, repairing, or other mechanical work performed in connection with the home occupation in any outdoor area; private school with organized classes; welding shop; laboratory; taxidermy shop; private club, bar, or restaurant; and any other home occupation that the Zoning Officer deems comparable to the above in terms of scale and impact.
[Added 11-19-2019 by Ord. No. 5-2019]
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62 who are unable to
maintain or afford existing housing units in the general community.
Such units shall include those projects developed under applicable
federal and/or state housing assistance programs. Such housing units
shall contain appropriate safety features pertinent to the needs of
their residents and ancillary recreational and other community facilities
as an integral part of their development concept. Furthermore, the
developer of such housing units in the Borough of Pennsburg must guarantee
that said units will be occupied solely by elderly residents as defined
above.
The land area covered by buildings and paved surfaces which
do not permit water to penetrate into the soil. Buildings, parking,
driveways, walks, courts, patios, porches and decks are included unless
constructed of pervious or porous materials, as determined by the
Borough.
A structure or public utility, or any other installation
or physical change made in a property with a view to increasing its
value, utility, or beauty.
A facility which may contain a game room (including video
games or other video-type devices, bowling alleys, billiard tables,
pinball machines, and table hockey, among others), arcade, skating
rink, or theater, among others.
[Amended 6-5-2006 by Ord. No. 1-06]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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.
The division or allocation of land or space, whether initially
or 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.
A subdivision of land.
Conversion of an existing dwelling unit into more than one dwelling
unit.
The addition of buildings or rides within an amusement park.
The addition of a structure accessory to a nonresidential use.
The addition of a building accessory to a residential use shall
be excluded from the definition of "land development."
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 persons having a proprietary interest in land.
A part of the earth's surface or the view of a portion of
land or land and water as seen from any given point.
The alteration of existing ground conditions together with
construction and development of ground features, including minor structures.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
LOT AREAThe total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area; the area of any lot abutting a street shall be measured to the street line only.
LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line.
LOT WIDTHThe width of a lot measured at the ultimate right-of-way line.
See under "dwelling types."
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the installation of a mobile home.
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 of mobile homes.
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground-floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
and is suitable for occupancy at all seasons of the year.
A lot, structure, or use which lawfully existed prior to
enactment of the ordinance or amendment with which it does not conform:
NONCONFORMING LOTA lot in which the area or dimension is nonconforming.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance; includes, but is not limited to, nonconforming signs.
NONCONFORMING USEA use of land or of structure which does not comply with the applicable use provisions in a zoning ordinance.
Any area which is used for the storage of motor or other
vehicles.
A reasonably level space available for the parking of one
motor vehicle, exclusive of passageways, driveways or other means
of circulation or access, and in compliance with the provisions of
the Pennsburg Borough Subdivision and Land Development Ordinance.[4]
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
A level, landscaped and/or surfaced area directly adjacent
to a principal building at or near the finished grade and not covered
by a permanent roof. A terrace or deck without a roof shall be considered
a "patio."
A roofed open area, which may be screened, attached to or
part of a building. A terrace or deck with a roof shall be considered
a "porch." A porch may not be enclosed by any building material other
than a screen.
An office for a physician, lawyer, dentist, architect, professional
engineer, planner, or other such profession, but not including a real
estate office or beauty shop, and provided that no goods, equipment,
merchandise, or material associated with such practices may be displayed,
stored, or sold on the lot area on which the structure is located.
A recorded boundary of a lot. Any property line which abuts
a street or other public right-of-way shall be measured from the right-of-way.
A formal meeting held pursuant to public notice by the Borough
Council or other Borough agency, intended to inform and obtain public
comment, prior to taking action, in accordance with the provisions
of the Pennsylvania Municipalities Planning Code, as amended.[5]
A forum held pursuant to public notice under the Act of July
3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[6] It includes any prearranged gathering of an agency which
is attended or participated in by a quorum of the members of the agency,
held for the purpose of deliberating agency business or taking official
action.
Notice 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. 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.
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio, gas, power, sewer, and water facilities;
provided, however, that, in a residential district, these shall not
include business facilities, storage of materials, trucks or repair
facilities, or the housing of repair crews.
The process of creating woodlands with three distinct layers
of vegetation: canopy trees, understory shrubs or trees, and herbaceous
ground cover plants.
[Added 6-1-1998 by Ord. No. 6-98]
A commercial use which dispenses food and drink, ready for
consumption, to customers who place and receive their orders without
leaving their cars or other motor vehicles; also included are restaurants
in which a drive-in facility provides only a portion of the sales.
Any restaurant which is characterized by one or more of the
following features:
Orders are placed and received at a central counter.
Order are frequently packaged for take-out.
Orders may be consumed at tables or booths within the facility,
which must be cleared by the customers.
Waiter/waitress service is not provided.
Menu selections are limited.
Disposable containers and utensils are used rather than reusable
dishes and table service.
Land adjacent to a stream, lake, pond, wetlands, or waterway.
Riparian areas form the transition between the aquatic and the terrestrial
environment.
[Added 6-1-1998 by Ord. No. 6-98]
[Amended 6-1-1998 by Ord. No. 6-98]
BANKFULL FLOWThe point above a waterway which defines the maximum height of channel flow of a waterway. It is either determined visually or computed as an elevation using the peak rate of runoff from a two-year storm event.
REFORESTATIONThe process of creating woodlands with three distinct layers of vegetation: canopy trees, understory shrubs or trees, and herbaceous ground cover plants.
RIPARIAN AREA or RIPARIAN CORRIDORLand adjacent to a stream, lake, pond, wetlands, or waterway. Riparian areas form the transition between the aquatic and the terrestrial environment.
SELECTION CUTTINGA method of removing small groups of trees scattered throughout a woodland in order to retain the biodiversity of the woodland while allowing limited harvesting of trees.
WATERWAYA stream, creek, river, pond, lake, or other watercourse or water body.
A building used for the purpose of a residence for one family
in which the resident rents rooms within the building, or in a building
accessory thereto, to not more than six nontransient persons, with
or without the provisions of table board for such persons.
A public sanitary sewer system, or a comparable common package
sanitary sewer facility approved by the appropriate governmental health
agency.
A commercial establishment in a shopping center, located
independent of other buildings, and frequently near the road frontage
of the center. These uses are often ancillary to large stores in the
center but may also include commercial uses such as gas stations or
fast-food restaurants.
A method of removing small groups of trees scattered throughout
a woodland in order to retain the biodiversity of the woodland while
allowing limited harvesting of trees.
[Added 6-1-1998 by Ord. No. 6-98]
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing convenient
on-site parking and controlled, common vehicular and pedestrian access.
A visual display or image which is affixed to, painted, or
represented directly or indirectly upon a building, structure, land,
or any surface and which directs attention to an object, product,
service, place, activity, person, institution, organization, or business.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A form of permitted use, authorized by this chapter, under the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board is empowered to grant permission for special exceptions, consistent with the public interest, in compliance with provisions of Article XVIII of this chapter.
The vertical distance between two successive finished floor
surfaces; for the topmost story, the vertical distance between the
top of its ceiling joists and the finished floor below, or if no ceiling,
from the top of the roof rafters.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road, or highway legally
opened or officially plotted, or between a lot and a privately owned
street, road, or way over which the owners or tenants of two or more
lots each held in single and separate ownership have the right-of-way;
also known as the "ultimate right-of-way line."
A public or privately owned right-of-way, serving as a means
of vehicular and pedestrian travel, furnishing access to the abutting
properties; includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, viaduct, and any other ways. For purposes of this section,
"street or road" shall not include the term alley.
[Amended 6-5-2006 by Ord. No. 1-06]
A room or rooms used by an artist, musician, or person of
similar calling in which such person practices his or her calling
or teaches the same to not more than two persons at a time.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A fixed body of water 24 inches or more in depth with a water
surface area of 150 square feet or more that is used or intended to
be used for swimming or bathing. Such pool may be entirely or partially
above ground.
[Amended 11-19-2019 by Ord. No. 5-2019]
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers and other business of the telephone company.
A dwelling in which sleeping accommodations for fewer than
10 persons are provided or offered primarily for automobile travelers
for compensation.
A vehicle without motive power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
such as camping, travel, or other recreation, and having a body width
not exceeding eight feet and a body length not exceeding 32 feet.
See "street line."
COMMERCIAL USEUse predominantly for trade or commercial service purposes.
INDUSTRIAL USEUse for manufacturing purposes, often accompanied by a warehouse, freight yard, docks, etc.
LAND USEThe process of extracting economic or social gain from the land, i.e., the process through which a use value is created.
NONCONFORMING USEPreexisting use that does not agree with the regulations of the district, as set forth herein.
RESIDENTIAL USEUse for purposes related to the residential character of the property.
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of the Zoning Ordinance. Variances are granted only in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application of regulations would result in practical difficulty and unnecessary hardship. Variances are granted only if specific requirements of Article XVIII are met.
BEARING WALLA wall which supports any vertical load in addition to its own weight.
COMMON WALLA walled owned by one party but jointly used by two parties, one or both of whom is entitled to such use under the provisions of a lease.
DRY WALLA wall of stone or other durable material laid without mortar.
FIRE WALLA wall which subdivides a building to restrict the spread of fire. It starts at the foundation and extends continuously through all stories to and above the roof.
FOUNDATION WALLAny bearing wall or pier below the first-floor construction.
PARAPET WALLThat part of an exterior, party, or fire wall extending above the roofline.
PARTY WALLA wall used jointly by two parties under easement agreement and erected at or upon a line separating two parcels of land that may be held under different ownership.
A stream, creek, river, pond, lake, or other watercourse
or water body.
[Added 6-1-1998 by Ord. No. 6-98]
Any animal that is not a domestic animal. See the definition
of "domestic animal."
A document signed and dated by an owner of real estate giving
approval to a specific request by a petition, provided same is formally
presented within 90 days of the date of signing of such consent.
The area(s) of a lot which must remain free of buildings
or other structures (with the exception of boundary fences) and may
be used as lawn or planted area, parking or driveway space, in compliance
with the provisions of this chapter. "Yard" is further defined as
follows:
[Amended 9-3-2002 by Ord. No. 11-02]
YARD, FRONTA yard extending the full width of the lot along the street line and extending in depth from the street line to the nearest point of any structure on the lot. On a corner lot, the front yard shall apply to both street frontages.
YARD, REARA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
YARD, SIDEA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear, and side lot lines.
Division of all of the land on an entire political subdivision
into districts having different regulations pertaining to use of land,
and height, area, bulk, and use of buildings, and yard requirements.
Zoning is effected by local ordinance under the police power of the
state granted by specific legislation generally termed an "enabling
act."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: The former definition of "home occupation,"
which immediately followed, was repealed 11-19-2019 by Ord. No. 5-2019.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
