Borough of Lewistown, PA Definitions

Unless otherwise expressly stated, the words and terms which are set forth in Subsection B of this section shall, when used in this chapter, have the meanings ascribed to them by the subsection.

When a word or term used in this chapter is not defined in § 240-4B or in any other section of this chapter but is defined in Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, or in a code adopted thereby, the definition in Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, or the applicable code shall apply. When a word or term used in this chapter is not defined in § 240-4B and is not defined in Chapter 110, Article I, or in a code adopted thereby, the word or term shall have ascribed to it its ordinarily accepted meaning or such as the context of this chapter may require or imply.

BOARDINGHOUSE; ROOMING HOUSE

When not inconsistent with the context, words or terms used in the present tense include the future tense, and words or terms used in the plural number include the singular number and the converse.

(4)

The word "shall" is always mandatory and not merely permissive.

The following words and terms, when used in this chapter, shall have the meanings next ascribed to them:

ABUTTING

Adjoining or touching in the sense and meaning that the objects are so joined or united to each other that no third object intervenes. "Abutting" is to be distinguished from "adjacent," which implies that the objects do not actually touch although they are contiguous or not widely separated.

ACCESSORY BUILDING

A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.

ALLEY

A lane or road open for the use of neighbors or the public (but irrespective of whether it is a Borough public alley and part of the Borough alley system), which affords only a secondary means of access to abutting properties and which is not intended for general traffic movement or circulation.

APARTMENT

See "dwelling unit."

APARTMENT HOUSE

A multifamily house having for its dwelling units a common heating system, water system, sewer system, gas system or electric system, or having for its dwelling units some other essential service or facility in common.

BASEMENT

That portion of a building which is located partly underground, has a clear floor-to-ceiling height of seven feet or more, and has more than half its clear floor-to-ceiling height above the average elevation of the abutting ground. For the purposes of this chapter, a basement shall be counted as a story. (See also "cellar.")

A dwelling, or that part of a dwelling, in which one or more boarding or rooming units are rented by the owner or operator to three or more individuals who generally remain on the premises for more than 30 consecutive days (but which individuals are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator) and in which no dining room or eating place is open to the public or available for the use of the public. (See also "tourist home" and "hotel.")

BOARDING UNIT, ROOMING UNIT

Any room or group of rooms forming a single habitable unit with facilities for living and sleeping but not for cooking.

BUILDING

A structure designed, built, used or occupied as a permanent or continuous roofed shelter without walls, or roofed enclosure with walls, for persons, animals or property. The word "building" shall be construed as if followed by the words "or any part thereof."

BUILDING AREA

The total of:

The maximum horizontal cross-section areas of all the principal and accessory buildings on a lot; and

The horizontal surface area of any swimming pool on the lot.

In calculating the building area, the following horizontal projections shall be excluded and disregarded: cornices, eaves, gutters, chimneys and flues which do not project more than two feet; bay windows which do not extend through more than one story and do not project more than five feet; roofed (but otherwise unenclosed) steps from doorways opening to the outdoors and the roofs of which do not project more than five feet; roofed (but otherwise unenclosed) porches, decks or terraces which do not extend through more than one story and are located at ground level and the roof of which do not project more than five feet; roofed (but otherwise unenclosed) fire balconies or fire escapes and the roofs of which do not project more than five feet.

BUILDING GRADE

In the case of a building, the average elevation of the ground abutting the lowest, exposed exterior wall of the building. In the case of a structure which is not a building, the average elevation of the ground abutting the lowest, exposed aboveground foundation, stilt, piling, pole or other like vertical support for the structure.

BUILDING HEIGHT

In the case of a building, the vertical distance from building grade to a point midway between the highest point and the lowest point of the roof — excluding, however, chimneys, flues, vent pipes, water tanks, elevator houses, spires, ventilators, air-conditioning equipment, solar energy panels, and similar vertical projections which are usually carried above the roof cover but are integral parts of the building. In the case of a structure, the vertical distance from building grade to the highest point of the structure.

BUILDING LINE

In the case of a lot which abuts a street, the building line is that line on the lot parallel to the street line and at a distance from the street line which satisfies both of the following criteria:

That minimum front yard depth required to the building line by the regulations for the zoning district in which the lot is located; and

That minimum lot width required at the building line by the regulations for the zoning district in which the lot is located.

In the case of a lot which does not abut a street, the building line is that line on the lot parallel to the front line of the lot and at a distance from the front line which satisfies both of the criteria set forth above. In the case of a lot which does not abut a street, the front line of the lot shall be fixed by the Borough Planning Commission at the time it reviews any subdivision plan submitted for the lot. In the absence of any review by the Borough Planning Commission or in the event the Borough Planning Commission fails to fix the front line, the front line shall be fixed by the Building Codes, Property Codes and Zoning Code Department.

CONVALESCENT HOME, NURSING HOME

The establishment of the building line on the lot establishes the front yard for that lot. The establishment of the front yard establishes, by reference, the side lines and side yards of the lot and the rear line and rear yard of the lot.

(4)

No building or structure, or part thereof, may be erected, placed or projected in front of the building line (and, therefore, in the front yard) except as provided by this chapter. (See "front yard.")

CELLAR

That portion of a building which is located partly or wholly underground and which either: a) has a clear floor-to-ceiling height of less than seven feet; or b) has half or more than half its clear floor-to-ceiling height below the average elevation of the abutting ground. For the purposes of this chapter, a cellar shall not be counted as a story. (See also "basement.")

COMMUNITY GARAGE

A building, or a group of buildings on one lot, used for the housing or storage of two or more passenger motor vehicles, and in which passenger motor vehicles owned or operated by the occupants of houses located in the neighborhood are housed or stored, and in which no occupation for gain or business for profit is conducted.

A building in which accommodations are provided for the care of patients who are aged, infirm, invalid or otherwise mentally or physically disabled.

CONVERSION APARTMENT HOUSE

A multifamily dwelling resulting from the conversion of an existing building or dwelling into three or more dwelling units without substantially altering the exterior of the building.

COURT

An open unoccupied space (other than a yard) on the same lot with a building and bounded on two or more sides by the exterior walls of that building or by exterior walls and lot lines on which walls are permitted.

INNER COURTA court enclosed on all sides by the exterior walls of a building or by exterior walls and lot lines on which walls are permitted.

OUTER COURTA court enclosed on not more than three sides by the exterior walls of a building or by exterior walls and lot lines on which walls are permitted.

DEPARTMENT

The Building Codes, Property Codes and Zoning Code Department of the Borough or the Department officers.

DWELLING

A building, or that part of a building, which is used or intended to be used for living or sleeping, and which has:

One or more dwelling units; or

One or more boarding or rooming units.

See also, "apartment house," "boardinghouse," "rooming house," "conversion apartment house," "hotel," "mixed occupancy dwelling," "multifamily house," "row house," "single-family house," "two-family duplex house," "two-family sectional house," "tourist home," "tourist cabin court, motel," "trailer; house trailer or mobile home."

DWELLING UNIT

Any room or group of rooms forming a single housekeeping unit for one family, with living, sleeping, sanitary and cooking facilities.

ELECTRIC SUBSTATION

A building and its equipment used for the purpose of switching or modifying the electric energy which passes through it in bulk in order to meet the needs of the public, but which does not have a public business office, storage yard, storage building or repair building.

FAMILY

A single individual living in a single and separate dwelling unit or a group of individuals living together in a single and separate dwelling unit in a domestic relationship.

A family is to be distinguished from an individual or a group of individuals occupying a boardinghouse, rooming house, hotel, convalescent home, hospital, fraternal home, halfway house, prerelease house, group home, institutional house, or other like facility or setting:

Where there is no domestic relationship; or

Where the rules for occupancy are fixed primarily by someone other than the group or where the individuals' living or care is regularly supervised or monitored by someone other than the group or where a charge for the individuals' occupancy or care is made by someone other than the group.

Depending on the facts, a halfway house, prerelease house, group home, institutional house, or the like may fall within the definition of a "boardinghouse or rooming house," which is permitted in an R-2 Residential District, or may fall within the definition of a "hotel," which is not permitted in an R-2 Residential District but is permitted in a C Commercial District.

FRONT YARD

The open unoccupied space (other than a court) which is on the same lot with the principal building or the principal use, abuts and parallels the building line, is located between the building line and the front line of the lot, is of the depth prescribed by this chapter as the depth to the building line, extends the full width of the lot, and is an open space in which no building or structure, or part thereof, may be erected, placed or projected except as provided by this chapter.

HOME OCCUPATION

An occupation for gain or support or a business for profit, which:

Is customarily conducted in a house and is customarily an incidental use of the house;

Is conducted only by the members of the family who reside in the house;

(c)

Is conducted entirely within the house in which the family resides or in an accessory building;

(d)

Requires only customary home equipment or home tools; and

(e)

Is an activity consistent with the character of a residential zoning district as distinguished from an activity or business consistent with the character of a commercial zoning district.

Provided, however, that: No individual or member of the family who does not reside in the house shall be employed or used to assist in the home occupation. No sale of goods at retail shall be made, and the only goods sold in connection with the home occupation shall be goods made by the members of the family who reside in the house on the lot on which the home occupation is conducted. No personal or physical services shall be performed. No display of goods shall be placed or maintained on the premises so as to be visible to the public. No advertisement shall be placed or maintained on the premises, and no sign shall be displayed other than a sign no larger than eight inches by 24 inches bearing the name and occupation of the individual conducting the home occupation.

MOBILE HOME; MOBILE HOME LOT; MOBILE HOME PARK

By way of example, a retail business store or an eating place or tavern is not a home occupation.

[Amended 1-11-2021 by Ord. No. 2020-8]

HOTEL

A building or a dwelling in which one or more boarding or rooming units are rented by the owner or operator to transient guests who generally do not remain on the premises for more than 30 consecutive days, or a building or a dwelling in which one or more boarding or rooming units are rented to three or more individuals who remain on the premises for more than 30 consecutive days (but which individuals are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator), and in which a dining room, eating place or tavern is open to the public or available for the use of the public. (See also "boardinghouse; rooming house.")

LOT

That tract of land which: a) is comprised of all those separate (but abutting) parcels of land which are held in single and separate ownership by the same owner; b) is occupied or capable of being occupied by a principal building or a principal use permitted by this chapter and any accessory buildings or accessory uses; c) has a total land area which is not less than the minimum lot area prescribed by this chapter; d) has a total width at the building line which is not less than the minimum lot width prescribed by this chapter; e) can accommodate all the principal buildings and accessory buildings which occupy or will occupy the land — without the maximum building area prescribed by this chapter being exceeded; f) can accommodate all the yards, open spaces, off-street parking spaces, and the like required by this chapter; and g) either has at least one twelve-foot-wide section (of any one of its boundary lines) which abuts a street or, in the absence thereof, has a dominant perpetual twelve-foot-wide (at the minimum) right-of-way which runs from one of its boundary lines to a street and which is reserved for use by the tract in question (but irrespective of whether the use is reserved for the sole use of that tract or is reserved for the use in common by that tract and other tracts) for all customary or usual surface and subsurface purposes or uses for which a street might be used (as for example, the use by motor vehicles and pedestrians, the installation of such subsurface utilities as sanitary sewer lines, waterlines, gaslines, and the like, and the installation of such surface utilities as electric poles, electric lines, telephone lines, and the like).

MIXED OCCUPANCY DWELLING

A building having one or more dwelling units, or one or more boarding or rooming units, but whose lower stories or any part thereof are used for one or more commercial uses of the type specifically permitted by this chapter for location in a mixed occupancy dwelling.

See "trailer, house trailer or mobile home" and "trailer court or mobile home park."

MULTIFAMILY HOUSE

A dwelling constructed or designed for, or converted to, three or more dwelling units.

NEIGHBORHOOD

A neighborhood is a locale or vicinity: a) which is located within the boundaries of a zoning district; and b) which is comprised of neighbors (people who live near one another and who share similar interests, lifestyles or stations in life), or which is comprised of uses which are adjacent to one another and have similar characteristics. Although no rule can be established which will govern all cases, proximity and walking distance are factors in determining the limits or boundaries of a neighborhood. Generally, in the Borough of Lewistown, the limits or boundaries of a neighborhood are by custom and acceptance deemed to be those points within 400 feet to 800 feet by the most direct walking route open to use by the general public.

The word "neighborhood" is not synonymous with the word "community." A community is larger than a neighborhood, and unlike a neighborhood, is not necessarily confined to the boundaries of the zoning district. A community may cross zoning district boundary lines.

PASSENGER MOTOR VEHICLE

A motor vehicle which is designed for the private transportation of individuals and which is not a commercial motor vehicle.

PROFESSIONAL OFFICE; PROFESSIONAL STUDIO

A "commercial motor vehicle" is any motor vehicle designed or used primarily for carrying freight or goods, any motor vehicle maintained or kept primarily for lease or sale, or any motor vehicle designed or used primarily for carrying passengers for hire. The term "commercial motor vehicle" shall not be deemed to include a motorcycle, station wagon or pickup truck, but shall be deemed to include a bus, taxi, tractor, truck, tractor-trailer or the like. For the purposes of this chapter, any vehicle which is not a "passenger motor vehicle" shall be deemed to be a "commercial motor vehicle."

PERSON

An individual, partnership, firm, association, organization, corporation, government agency, municipal authority, or other entity.

PREMISES

Any principal building, principal structure or principal use, and the lot or parcel of land on which the principal building, principal structure or principal use is located, and all the parts of and all the parts related to the principal building, principal structure or principal use and the lot or parcel of land — including, but not limited to, all accessory buildings, accessory structures and accessory uses; rooms and other spaces in a building or structure; equipment and facilities in a building or structure or on the land; yards, open spaces, off-street parking spaces, off-street loading or unloading spaces, on-lot vehicle maneuvering areas, driveways, on-lot walks or steps, and other like features.

PRIVATE GARAGE

A building accessory to a principal building, in which passenger motor vehicles owned and operated by the occupants of the principal building are housed or stored (or in which not more than two passenger motor vehicles owned or operated by others who are not occupants of the principal building but who are occupants of buildings located in the neighborhood are housed or stored) and in which no occupation for gain or support or business for profit is conducted.

PRIVATE PARKING LOT

A parking lot off the premises and not operated for profit where off-street parking spaces are provided for passenger or commercial motor vehicles which are owned or operated by the person owning or leasing the parking lot, his employees, customers, house tenants, boarders, visitors, or the like.

The office or studio of a professional person if such office or studio is located in the house in which the professional person resides or is located in an accessory building.

Provided, however, that not more than one individual who does not reside in the house shall be employed by the professional person or used to assist the professional person. No advertisement shall be placed or maintained on the premises, and no sign shall be displayed other than a sign not larger than eight inches by 24 inches bearing the name and profession of the individual maintaining the professional office or the professional studio.

The term "professional person" means one who has advanced education and special knowledge in a given field of study in the arts or sciences and who engages in a vocation or occupation using that education and knowledge in a predominantly mental or intellectual way rather than a physical or manual way.

SINGLE AND SEPARATE OWNERSHIP

By way of example, a professional office would include the office of a dentist, physician, surgeon, veterinarian, architect, engineer, attorney or clergyman. By way of example, a professional studio would include the studio of an artist, musician or teacher.

PUBLIC GARAGE

A building (other than a private garage or a community garage) in which passenger or commercial motor vehicles are housed, stored, repaired, equipped for operation, or kept for sale or lease.

PUBLIC PARKING LOT

A parking lot operated for profit where off-street parking spaces for passenger or commercial motor vehicles are rented to members of the public.

REAR YARD

The open unoccupied space (other than a court) which is on the same lot with the principal building or the principal use, abuts and parallels the rear line of the lot, is of the depth prescribed by this chapter, extends the full width of the lot, and is an open space in which no building or structure, or part thereof, may be erected, placed or projected except as provided by this chapter.

REVERSE LOT

The same as a "lot," except that a reverse lot abuts an alley instead of abutting on a street. (Comment: As alleys were laid out and opened in the Borough of Lewistown prior to the adoption of the Borough's first Subdivision Ordinance and first Zoning Ordinance, it was a common practice to layout and develop lots along those alleys. Some lots were developed for community garages; some lots were developed for housing purposes; and some lots were developed for commercial purposes. Although sound planning now discourages and generally prohibits reverse lots from being developed or used for all but off-street parking purposes, the fact remains that many reverse lots exist throughout the Borough and contain buildings which are now lawful nonconforming buildings and which house lawful nonconforming uses.)

ROW HOUSE

A dwelling constructed or designed for, and occupied exclusively by, one dwelling unit and which is one of three or more abutting buildings or dwellings all in a row or which is one of three or more buildings or dwellings having party walls in common.

SIDE YARD

The open unoccupied space (other than a court) which is on the same lot with the principal building or the principal use, abuts and parallels the side line of the lot, is of the width prescribed by this chapter, extends from the building line (establishing the front yard) to the rear yard (but not into the front yard or into the rear yard), and is an open space in which no building or structure, or part thereof, may be erected, placed or projected except as provided by this chapter.

SIGN

Any outdoor device, structure or surface that is arranged, designed or used to carry a visual message, such as an advertisement, announcement, direction, identification, regulation or the like. For example, an advertisement painted on a fence or on the wall of a building is a sign as is a billboard with an advertisement.

That ownership of any single amount of land by one person, or by any number of persons together, which is separate and distinct from the ownership of any abutting or adjacent land.

SINGLE-FAMILY HOUSE

A dwelling which is constructed or designed for and occupied exclusively by one dwelling unit and which is completely detached from or does not abut any other dwelling unit or building. A house trailer or mobile home, as defined in this chapter, which is used exclusively as a dwelling unit is included in the definition of "single-family house" provided that the house trailer or mobile home is placed upon and permanently affixed on a permanent, completely enclosed and continuous foundation consisting of masonry construction (including "stone masonry" where field, quarried or cast stone units are bonded by mortar). The tongue/hitch of the house trailer or mobile home shall be removed; and the wheels and axles of the house trailer or mobile home shall be removed. The house trailer or mobile home shall be connected to an approved water and sanitary sewer system and the certificate of title for the house trailer or mobile home must be cancelled by the Commonwealth. The crawl space underneath the house trailer or mobile home (i.e., the space between the grade of the ground and the bottom of the exterior walls of the house trailer or mobile home) if placed on a completely enclosed foundation shall be completely enclosed on all sides by a masonry foundation wall. This masonry foundation wall may be equipped with an access panel, door or hatch so that entry may be had to the space underneath the house trailer or mobile home; if applicable.

[Amended 12-8-2014 by Ord. No. 2014-13]

SPECIAL EXCEPTION

The permission granted by the Zoning Hearing Board to conduct or maintain that type of use which is not permitted as of right in a particular zoning district, but for which conditional provision in the district has been made and which may be permitted if the specific standards and criteria prescribed for the use by this chapter are found by the Zoning Hearing Board to have been met.

STORY

That portion of a building which is located between the surface of any floor and the surface of the floor immediately above or the top of the ceiling joists or floor joists immediately above, and which has a clear floor-to-ceiling height of seven feet or more; or if there is no floor surface immediately above or no ceiling joists or floor joists immediately above, then the space which is between the surface of the floor and the roof immediately above and which has a clear floor-to-ceiling height of seven feet or more.

STREET

A cul-de-sac, lane, road, street or the like open for the use of the public (but irrespective of whether it is a Borough public street and part of the Borough street system), whose functions are to circulate or move either through traffic or local traffic and to provide the principal means of direct access to abutting properties.

STREET LINE

The line defining the side of a street, including curbs and sidewalks and not just the cartway; the right-of-way line of a street; and in most cases, the line dividing a lot from a street.

STRUCTURE

Any man-made object which requires stationary location on the ground or which is attached to something having stationary location on the ground. By way of example, the word "structure" would include such objects as buildings, freestanding signs, billboards, fences, walls used as fences, monuments, water tanks, and utility poles.

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 property lines or lot lines) for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development.

TELEPHONE EXCHANGE

A building and its equipment used for the purpose of transmitting and exchanging telephone messages between subscribers, but which does not have a public business office, storage yard, storage building or repair building.

TOURIST CABIN COURT; MOTEL

A lot containing one or more buildings which have one or more boarding or rooming units designed or intended for the accommodation of tourists or transient guests.

TOURIST HOME

See "hotel."

TRAILER; HOUSE TRAILER OR MOBILE HOME

Any licensed or unlicensed piece of equipment, with or without wheels, designed or used for shelter, sleeping or living, and constructed or designed to be driven, towed or transported from place to place.

Dependent trailer. A trailer having no plumbing facilities such as a flush water closet, lavatory basin, bathtub, shower or kitchen sink; or having no heating system or having a heating system dependent on the drive motor for the wheel chassis; or having less than two exit doors to the outdoors for occupants (as distinguished from a door for a driver or a door for a front-seat passenger). By way of example, campers and recreational vehicles are usually "dependent trailers."

House trailer. A trailer having a flush water closet, a lavatory basin, a bathtub or shower, and a kitchen sink; a heating system independent of the drive motor for any wheel chassis; and two or more exit doors to the outdoors for occupants. A trailer which lacks any of the foregoing shall be deemed to be a "dependent trailer."

(c)

Mobile home. A house trailer which is contained in two units designed to be joined into one integral unit but capable of again being separated for towing or transporting if not permanently affixed to the ground or to a permanent foundation, and which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations.

TRAILER COURT or MOBILE HOME PARK

As to when a house trailer or mobile home will be deemed to be a single-family house, see "single-family house."

TRAILER CAMP

A lot used or intended to be used for the seasonal accommodation of tourists or vacationers who camp on the premises in tents, trailers or other movable or temporary shelters — none of which are permanently affixed to the ground or to a permanent foundation.

A tract of land held in single and separate ownership which has been planned and improved for the leasing of house trailer lots or mobile home lots and which consists of one or more house trailer lots or mobile home lots.