Except where specified in the following definitions, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense include the future; the singular number shall
include the plural and the plural the singular; the word "building"
shall include the word "structure"; and the word "occupied" or "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended" to be used; and the word "shall"
is intended to be mandatory, and the word "may" is permissive; the
word "abut" shall include the words "directly across from"; and the
word "lot" includes "parcel," "tract" or "plot."
A use or structure subordinate to and located on the same
lot as the principal use or building and serving a purpose customarily
incidental to the use of the principal use or building. The term "accessory
structure" includes but is not limited to a private garage, shed or
barn, private playhouse, private greenhouse, private swimming pool
and private parking area. Where any part of the wall of an accessory
building is part of the wall of a main building or where the accessory
building is attached to the main building by a roof, including carports
however covered, such accessory building shall be deemed part of the
main building.
An establishment having a portion of its stock-in-trade,
including but not limited to books, magazines, photographs, videotapes,
computer disks or other materials which are distinguished by their
emphasis on matter depicting, describing or relating to adult materials,
as defined herein.
The exhibition or dissemination by sale, loan or otherwise
of explicit sexual materials or the conduct of live activities or
uses 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.
EXPLICIT SEXUAL MATERIALSAs used herein, means:
Any picture, photograph, drawing, sculpture, motion-picture
film or other similar visual representation or 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, computer
disk or other device, however reproduced, or sound recording which
contains any matter enumerated above, or explicit and detailed verbal
excitement, sexual conduct or sadomasochistic abuse.
ADULT NATUREAs used herein, means that:
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.
An enclosed building or outdoor theater used for presenting
motion pictures, slides, videotapes, disks or other reproduced images
or for live activities or uses distinguished or characterized by an
emphasis on matter depicting, describing or relating to obscene materials,
as defined herein.
A public or private way affording only secondary means of
access to abutting property. Alleys may also be known as "courts,"
"places" or "lanes" and may encompass areas described as "paper alleys."
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.
AMUSEMENT GAME MACHINESA coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin or other deposit with a monetary value, and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which, by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes video or computer equipment to reproduce symbolic figures and lines intended to be representative of real or other games or activities.
AMUSEMENT MACHINES, OTHERA coin-operated machine or device, not including amusement games, which provides a ride, sensation, electronic reading or weight, photograph, lamination or item of merchandising provided at random among other items of merchandise, for use by and to the amusement of the public.
AMUSEMENT MACHINE COMPLEXA group of more than two amusement games or other amusement machines in the same place, location or premises.
A facility which is used to house or contain animals and
which is owned, operated or maintained by an incorporated humane society,
animal welfare society, society for the prevention of cruelty to animals
or other not-for-profit organization devoted to the welfare, protection
and humane treatment of such animals.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for approval of a subdivision or approval of a development
plan.
A building containing dwelling units and twenty-four-hour
staff services to provide assistance and care for elderly residents
capable of independent or semi-independent living, each of whom are
primarily (at least 65%) at least 62 years of age or handicapped (or
the spouse of an otherwise qualified resident), but not requiring
nursing home care.
A building or place of business where gasoline and automobile
accessories are dispensed directly to the motor vehicle trade, and
where automotive repair services may be rendered.
The dismantling or disassembling of used motor vehicles or
trailers or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
An open area, other than a street, used for the display,
sale, or rental of new or used motor vehicles, trailers, or boats
in operable condition and where repair work is done.
A place where two or more motor driven vehicles which do
not bear a current state inspection sticker and/or license plate and/or
their related parts are stored or disassembled.
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.
See "Zoning Hearing Board."
See "Rooming house or boardinghouse."
The Borough of Wilson, located in Northampton County (also
see "Municipality or Borough").
Any structure having a roof supported by columns, poles,
piers, cables or walls, used for the shelter, housing or enclosure
of persons, animals or property, including tents or structures on
wheels or porches, as defined herein. Structures divided by unpierced
masonry division walls extending from the ground to the roof shall
be deemed to be separate buildings.
The maximum ratio obtained by dividing the ground floor area
of all principal and accessory buildings on a lot (including covered
porches, carports and breezeways, but excluding open patios, parking
areas, swimming pools, tennis courts and other structures which are
open to the sky) by the total area of the lot upon which the buildings
are located. Said ground floor area shall be computed by using the
maximum outside building dimensions, including cantilevered areas
measured on a horizontal plane.
The vertical distance derived from the average of the finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure listed in § 170-88F(2).
A line that designates the minimum distance between any building
and/or use and the adjacent road right-of-way or property line. Such
line shall be measured at right angles from the front, side or rear
street right-of-way or property lines which abut the property upon
which said building and/or use is or is to be located and parallel
to said right-of-way or property line.
A building in which is conducted the main or principal use
of the lot on which it is situated.
The size and shape of building uses and the exterior relationship
of their exterior walls, or their location, to lot lines and other
buildings or other walls of the same building; and all open spaces
required in connection with a building. Bulk regulations include,
but are not limited to, regulations dealing with lot size, lot area
per dwelling unit, lot width and depth, building height, required
yards, building coverage, courts, usable open space, floor area ratio,
spacing between buildings on a single lot and the length of buildings
in a row.
The official Code Enforcement Officer designated by the municipality
to administer certain codes and/or ordinances adopted by the municipality,
who may also be designated as the Zoning Officer charged with the
duty of administering and enforcing the provisions of this chapter.
That person shall be a UCC licensed Building Code Officer.
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 a commercial vehicle.
See "Planning Commission."
The official Comprehensive or Land Use Plan of the Borough
of Wilson as may be adopted by the Council.
A use or occupancy of a structure, or a use of land, permitted
only upon issuance of a conditional use permit and subject to the
limitations and conditions specified therein.
See "nursing home."
A proposed amendment to this chapter prepared by a landowner
who desires to challenge, on substantive grounds, the validity of
this chapter or Zoning Map or any provision thereof, in accordance
with Section 609.1 of the Pennsylvania Municipalities Planning Code,
Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]
Any facility operated for the purpose of providing care,
protection and guidance to individuals during only part of a twenty-four-hour
day. This term includes nursery schools, preschools, day-care centers
for individuals, and other similar uses but excludes public and private
educational facilities or any facility offering care to individuals
for a full twenty-four-hour period.
ADULT DAY-CARE CENTERA facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.
CHILD DAY-CARE CENTERA type of day care use that provides care for seven or more children at any one time who are not relatives of the primary caregiver, does not occur within a dwelling unit, and is registered with the applicable state agency (Pennsylvania Department of Public Welfare).
FAMILY DAY CARE, HOMEA type of day care use that is accessory to and occurs within a dwelling unit and provides care for four to six children at one time who are not relatives of the primary caregiver.
GROUP DAY CARE, HOMEA type of day care use that provides care for between seven and twelve children at one time who are not relatives of the primary caregiver, provides care within a dwelling unit, and is registered with the applicable state agency (Pennsylvania Department of Public Welfare).
See "patio" and "porch."
The gross project density of a residential subdivision, land
development, planned residential development or residential cluster
development, measured in residential dwelling units per acre, shall
be equal to the total number of residential dwelling units in the
project divided by the permanent gross total project area of the development,
including private drives, parking areas, recreation and common open
space and other related uses permitted in the development.
The net project density of a residential subdivision, land
development, planned residential development or residential cluster
development, measured in residential units per acre, shall be equal
to the total number of residential dwelling units divided by the total
net residential land in acres. The total net residential land is equal
to the land in the project which is used only for residential purposes
or for related residential yard areas or which is directly associated
with each residential dwelling unit, such as parking areas to serve
residents or permitted accessory uses. The net residential land does
not include public or private street rights-of-way, recreation and
common open space and other uses, which are not directly associated
with each residential dwelling unit.
Any landowner, agent of such landowner, or a tenant with
the permission of such landowner, who makes or causes to be made a
subdivision of land or a land development.
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof or waste material of any kind.
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons
and as defined further below. The term "dwelling" shall not be deemed
to include automobile court, rooming house, tourist home, hotel, motel,
hospital, nursing home, dormitory, fraternity, sorority house or family
care or group care facility, as defined herein.
DWELLING UNITOne or more rooms, including a kitchen (or kitchenette) and sanitary facilities, in a dwelling structure designed as a unit for occupancy by not more than one family (as defined herein) for living and sleeping purposes, and having a separate and independent entrance.
DWELLING, EFFICIENCYA configuration for a dwelling unit within a multifamily or apartment building where a separate bedroom is not provided and the sleeping quarters are located in the same room as the living quarters.
DWELLING, SINGLE-FAMILY DETACHEDA detached building on a permanent foundation, designed for or occupied exclusively as a residence by one family, except for an accessory dwelling unit, as defined below, including a mobile home dwelling, as defined below, except that such mobile home must be located on a permanent foundation.
DWELLING, SINGLE-FAMILY SEMIDETACHEDA building on a permanent foundation, designed for use as a single dwelling unit to be occupied exclusively as a residence by one family, which has only one side yard and vertical wall in common with another building.
DWELLING, TWO-FAMILY DETACHED ("STACKED")A detached building on a permanent foundation in which not more than two individual family or dwelling units are entirely separated by horizontal floors, and where each dwelling unit has a completely separate entry and exit.
MOBILE HOMEA transportable single-family dwelling structure constructed on a permanent foundation, intended for permanent occupancy for use by one family, 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; 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 and no longer readily capable of being separated for repeated towing.
DWELLING STRUCTURES, MULTIFAMILYStructures which contain three or more dwelling units, including dwelling units commonly referred to as "townhouses," "row houses," "garden apartments," "quadruplex units," "high-rise units for the elderly" or other designations. Each dwelling unit in such a structure shall be designed for occupancy of families living independently of each other.
DWELLING UNIT, ACCESSORYA separate second dwelling unit which may be located within a structure in which the principal use is for a single-family dwelling, provided that such accessory dwelling shall be permitted only if it conforms with the following conditions:
It shall not exceed three rooms or 800 square feet in total
livable area or 40% of the total residential floor area (excluding
basement and attic floor space), whichever is less.
It is not intended for occupancy by more than two persons.
The entire dwelling structure, including both the principal
and the accessory dwelling unit, shall remain in the same ownership
at all times, and the principal unit shall be occupied by the owner
of the structure at all times. In the event that this condition ceases
to exist, then the use of the accessory dwelling unit shall be terminated
in the structure.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, communication, water transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, traffic signals, hydrants and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies or for the public health
or safety or general welfare, but not including buildings, except
telephone booths, fire houses, pump stations, treatment plants and
similar facilities which shall also be considered as essential service
facilities hereunder.
Any group of individuals living together as the functional
equivalent of a family where the residents may share living expenses,
chores, eat meals together and are a close group with social, economic
and psychological commitments to each other. A family includes, for
example, the residents of residential care facilities and group homes
for people with disabilities. A family does not include larger institutional
group living situations such as dormitories, fraternities, sororities,
monasteries or nunneries.
Any outdoor barrier of either natural living vegetation or
composed of fabricated materials, as defined below, which is placed
or arranged as a line of demarcation between lots or to enclose a
lot or a part of a lot. The height of any fence shall be the distance
measured from the existing grade of the natural surface to the top
of the fence.
NATURAL LIVING FENCEA barrier of natural living vegetation, including shrubs, hedges, trees or other plant materials, shall only be considered to be a fence if 50% or more of the horizontal length of such materials or growth within six feet of the ground surface provides a visual screen or obstruction to vision.
FABRICATED MATERIALS FENCEAny structure or wall, regardless of composition of material, except for a natural living fence, which is constructed and installed to act as a visual or physical outdoor barrier.
The portion of the floodplain outside the floodway.
A standard adopted by the Federal Emergency Management Agency
to identify areas where there exists a one-percent annual chance of
a flood occurring.
The land area susceptible to inundation by water as a result
of a flood.
An area subject to flooding as defined in any Floodplain
Management Ordinance[2] adopted by the Borough of Wilson and as it may be amended
thereafter.
The channel of watercourse and those portions of adjoining
floodplains which are required to carry and discharge the one-hundred-year
flood with no significant increase in the base flood elevation.
The sum of the gross areas of the floors of every story of
a building measured from the exterior faces of exterior walls or from
the center lines of common or party walls separating two buildings.
Regardless of the internal arrangements of a building, it shall be
deemed to have at least one story for each 20 feet of height or fraction
thereof.
The total floor area of a building divided by the area of
the lot on which it is located.
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.
A building or group of buildings used exclusively for the
storage and parking of automobiles and not used for making repairs
thereto.
An accessory parking area or building or part of a principal
building used only for the storage of private motor vehicles and other
personal effects of the occupant of the principal structure.
A building or part thereof used for the repair of motor vehicles
for remuneration and not used for dismantling or scrapping of motor
vehicles.
Water that occurs beneath the land surface, also called "subsurface
water" or "subterranean water." Groundwater includes water in the
zone of saturation of a water-bearing formation.
Land or water areas through which groundwater is replenished.
A facility which provides resident services, for a fee or
charge, for individuals who are being cared for by an appropriate
residential supervisory staff. These individuals may be handicapped,
aged or disabled or in need of medical and/or adult supervision and
are undergoing rehabilitation and are provided service and supervision
in accordance with their individual needs. This category includes
uses licensed or supervised by any federal, state or county health/welfare
agency (all ages), halfway houses, resident schools, resident facilities
and foster care homes or boardinghomes for children or adults, but
does not include group homes, nursing homes or detention centers,
as defined herein.
Includes a group of persons, some or all of whom are not
related by blood, marriage, legal adoption or foster placement, living
together as a single housekeeping unit in a residential dwelling unit,
but not including group care facilities, as defined herein.
An occupation or activity which is clearly incidental and
secondary to use of the premises as a dwelling and which is carried
on wholly or in part within a main building or accessory building
by a member of the family who resides on the premises. Also refer
to definition for "no-impact home-based business."
A building or part thereof used for the medical, psychiatric,
obstetrical or surgical care, on a twenty-four-hour basis, of seven
or more inpatients. Hospitals shall include general hospitals, mental
hospitals, tuberculosis hospitals, children's hospitals and any such
facilities providing medical inpatient care and related outpatient
service.
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.
One person or two or more individuals living together sharing
household responsibilities and activities which may include sharing
expenses, chores, eating evening meals together and participating
in recreational activities and having close social, economic and psychological
commitments to each other.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub to which the blade is attached.
Any air- or gas-filled device located, attached, or tethered
to the ground, site, merchandise, building, or roof and used for the
purposes of signage, advertising, or attention-getting.
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 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.
Consists of an outdoor storage yard or premises where junk,
waste, discarded or salvage materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards, house wrecking and structural steel materials and
equipment yards.
The keeping of more than three dogs, cats, ferrets or other
animals customarily kept as household pets that are more than four
months old for breeding, training, selling or boarding.
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 regardless of the number of occupants or tenants; or 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.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law, to be used, developed or
built upon as a unit.
LOT AREAThe computed area contained within the lot lines.
LOT, CORNERA lot situated at and abutting the intersection of two streets.
LOT DEPTHThe average distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from the principal street right-of-way on which the lot has frontage.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
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 WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
See "social hall, club or lodge."
A building that contains at least one floor devoted to permitted
nonresidential uses and at least one devoted to permitted residential
uses.
See definition of "mobile home" under "dwelling."
A parcel of land at least 10 acres in size, under single
ownership, which has been planned and improved for the placement of
two or more mobile homes for nontransient use.
A building or group of buildings designated to serve the
public, whether detached or in connected units, used as individual
sleeping or dwelling units, designed primarily for overnight lodging
and transient travelers and provided with accessory off-street parking
facilities, and which may include a public dining room or restaurant.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts and other similar uses.
The Borough of Wilson, located in Northampton County, Pennsylvania.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup or delivery or removal functions
to or from the premises in excess of those normally associated with
residential uses. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity shall not use any equipment which creates
noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business shall not involve any illegal activity.
Any lot, legally existing at the date of passage of this
chapter, which does not conform with either one or more of the following:
the minimum width, depth and area dimensions specified for the district
where such a lot is situated.
A building or structure or part thereof manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter, or amendment thereto or hereafter enacted, where such building
or 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.
A use, whether of land or building or structure, which does
not comply with the applicable use provisions of this chapter, or
amendment thereto 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.
An institutional use licensed under the laws of the Commonwealth
of Pennsylvania for lodging, boarding and nursing care, including
any premises containing sleeping rooms or beds to be used by seven
or more persons who are lodged and furnished with meals, related facilities
and professional staff and nursing care on a twenty-four-hour basis.
Nursing homes shall also include convalescent homes, skilled nursing
facilities, intermediate care facilities and infirmaries located within
homes for the aged, but shall exclude residential care facilities
for the elderly and residential retirement complex, as defined herein.
Any structure, fence, sign, plant material or other obstruction
which obstructs vision between a height of two to 10 feet above the
center-line grade of the adjoining streets or driveways within the
triangle formed by the street or driveway intersection, created by
the right-of-way line of each street or driveway extended to a point,
and a line drawn between two points on the right-of-way line of each
street or driveway, each located 15 feet from the street or driveway
intersection for local and collector streets, and 30 feet for major
state and federal traffic routes. All plant materials shall be kept
trimmed to ensure uninterrupted vision for motor vehicle traffic.
A public or private way providing access to abutting property
not maintained by the Borough.
A surfaced area or courtyard or a deck less than one foot
above ground elevation designed for outdoor living purposes as an
accessory use to a structure, which shall be completely unenclosed
except for any side which may adjoin a structure or for any fences
or walls less than four feet in height, shrubs or hedges. Outdoor
areas which are screened or enclosed by a roof or awning shall be
considered to be a structure. (See "porch.")
A document issued by the proper authority of the municipality
authorizing an applicant to undertake certain activities, as further
defined below:
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board and authorizing an applicant to proceed with said use, building or structure.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as may be required under the terms 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.
CONDITIONAL USE PERMITA permit which may be granted under the provisions of this chapter and which when granted authorizes a particular use to be made of a particular premises, subject to compliance with all the terms and conditions contained in the 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.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The Planning Commission of the Borough of Wilson.
A structure or part of a structure which is enclosed on one
or more sides by a fence or wall which is four feet high or higher
or covered 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.
The primary or main use of a lot, parcel or structure.
Includes the office of a physician, dentist, optometrist,
architect, landscape architect, engineer, planner, insurance broker,
realtor, accountant, lawyer, author or other member of a recognized
profession.
Notice for a public hearing published once each week for two consecutive 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 be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing. (Also see § 170-19.)
A building containing one or more dwelling accommodations
in which at least two rooms are offered for rent to adults ages 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 is not deemed to be a boardinghouse or rooming
house.
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth orbiting communications satellites.
The visible flicker effect when rotating turbine blades cast
shadows on the ground and nearby structures causing the repeating
pattern of light and shadow.
An accessory detached structure to a residential dwelling
unit constructed on a permanent foundation, which is used primarily
for the storage of household goods or garden equipment or other storage
related to the residential dwelling unit.
Any graphic or visual display which directs attention to
a business, commodity, service or entertainment conducted, sold or
offered elsewhere than upon the premises where such sign is located
or to which it is affixed.
A temporary sign that is otherwise not allowed as a freestanding
sign and shall be limited to cloth, flexible plastic, vinyl, or similar
material (i.e., no cardboard, rigid plastics, wood, etc.).
Any graphic or visual display 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 sign permanently supported by an upright pole(s) which
is permanently anchored into the ground below the frost line with
a footing. A billboard is not considered a freestanding sign for purposes
of ordinance regulations.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign or structure or display and in no
case passing through or between any adjacent elements of the same,
but not including any structural or framing elements located outside
the limits of the display of such sign.
See definition of "inflatable device."
A sign or advertising display constructed of cloth, canvas,
paper, corrugated cardboard or plastic, plywood, or other light material,
and/or designed or intended to be displayed, either on premises of
off premises, for a short period of time.
A building, structure, lot or land area or portion thereof
used as a private club or social organization or for activities or
services not generally extended to the general public and not conducted
for individual profit or gain.
A device or combination of devices, structure(s), or part
of a device or structure that transforms direct solar energy into
thermal, chemical, or electrical energy and that contributes significantly
to a structure's energy supply.
Radiant energy (direct, diffuse, and/or reflected) received
from the sun.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage,
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy,
heat water, or produce hot air or perform any other similar function
by way of a solar energy system.
A use which may be granted or denied pursuant to express
standards and criteria established in this chapter. Requests for such
special exceptions shall be decided by the Zoning Hearing Board after
a review and recommendation from the Planning Commission and after
a hearing to determine compliance with said standards and criteria.
Areas with a slope greater than 15%, i.e., a rise or fall
of more than 15 feet in a horizontal distance of 100 feet.
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 or private thoroughfare, having a right-of-way width
greater than 24 feet, which affords the principal means of access
to abutting property, including avenue, way, drive, boulevard, highway,
road and any other thoroughfare except an alley.
PUBLIC STREETA street, as defined hereinabove, which is dedicated to and accepted by the municipality and legally open to the general public for use as a means of vehicular and pedestrian traffic.
FRONTAGE ON PUBLIC STREETSNo use shall be created nor any building occupied unless the lot or tract on which it is situated has frontage on a public street or a street improved to municipal standards without traversing through or around another use and/or building; provided, however, that planned multiple-dwelling-unit structures, including apartment development complexes, may abut private streets that are connected to a public street if approved by the Borough Council.
Anything constructed, including a building, the use of which
requires permanent or fixed location on the ground or attachment to
something having a permanent location on the ground. The term structure
shall include signs, fences, walls, stationary and portable carports,
porches, swimming pools, garages and other construction of all types.
The division or redivision of a lot, tract or parcel of land
by any other means into two or more lots, tracts or parcels or divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by court for distribution
to heirs or devisees, transfer of ownership or building or lot development.
Any body of water or receptacle for water having 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 outside any building.
The use of any premises or structure for living and/or sleeping
purposes for 100 or fewer days in any calendar year.
A vehicle less than 400 square feet in floor area which can
be moved over the highway and be used for temporary living or sleeping
purposes and standing on wheels and containing not more than one dwelling
unit.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
A structure which contains the blades and hub that are used
to capture wind for purposes of energy conversion. The wind rotor
is usually located on a tower and, along with other generating and
electrical storage equipment, forms the wind energy facility.
A portion of a lot or tract used for residential purposes
exclusive of required front and side yard areas, which is not covered
by buildings or parking areas and is suitable for use as outdoor open
space for the residents thereon.
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land.
The Zoning Hearing Board's authorized departure from the
provisions of this chapter where the Board finds that such provisions
inflict unnecessary hardship upon an applicant, in accordance with
the procedures set forth in this chapter and the Pennsylvania Municipalities
Planning Code.
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
An electric generating system whose main purpose is to supply
electricity, consisting of one or more wind turbines and other accessory
structures and buildings, including substations, meteorological towers,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower and pad transformer, if any.
An open space, as may be required by this chapter, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line, as defined below, and which is unoccupied and unobstructed
from the ground upward except as may be permitted elsewhere in this
chapter.
YARD, FRONTAn open space extending the full width of the lot between the principal building and the front lot line.
YARD, REARAn open space extending the full width of the lot between the principal building and the rear lot line.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building and the nearest side lot line.
The officially designated Zoning Hearing Board of the municipality.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
