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 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.")
BOARDINGHOUSE; ROOMING HOUSE
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
(1)
The total of:
(a)
The maximum horizontal cross-section areas of all the principal
and accessory buildings on a lot; and
(b)
The horizontal surface area of any swimming pool on the lot.
(2)
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
(1)
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:
(a)
That minimum front yard depth required to the building line
by the regulations for the zoning district in which the lot is located;
and
(b)
That minimum lot width required at the building line by the
regulations for the zoning district in which the lot is located.
(2)
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.
(3)
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.
CONVALESCENT HOME, NURSING HOME
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.
(1)
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.
(2)
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
(1)
A building, or that part of a building, which is used or intended
to be used for living or sleeping, and which has:
(a)
One or more dwelling units; or
(b)
One or more boarding or rooming units.
(2)
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.
(1)
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:
(a)
Where there is no domestic relationship; or
(b)
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.
(2)
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
(1)
An occupation for gain or support or a business for profit,
which:
(a)
Is customarily conducted in a house and is customarily an incidental
use of the house;
(b)
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.
(2)
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.
(3)
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.
MULTIFAMILY HOUSE
A dwelling constructed or designed for, or converted to,
three or more dwelling units.
NEIGHBORHOOD
(1)
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.
(2)
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
(1)
A motor vehicle which is designed for the private transportation
of individuals and which is not a commercial motor vehicle.
(2)
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.
PROFESSIONAL OFFICE; PROFESSIONAL STUDIO
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.
(1)
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.
(2)
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.
(3)
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.
SINGLE AND SEPARATE OWNERSHIP
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.
TRAILER; HOUSE TRAILER OR MOBILE HOME
(1)
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.
(a)
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."
(b)
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.
(2)
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.
TRAILER COURT or MOBILE HOME PARK
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.
(1)
HOUSE TRAILER LOT or MOBILE HOME LOTThat individual plot in a trailer court or a mobile home park which is improved with water, sewer, electricity and other utility systems or services and other appurtenances necessary for the location (but not necessarily the permanent affixing) of a single house trailer or mobile home on a year-round basis (as distinguished from a seasonal basis); and which is leased by the court or park owner to the occupants of the house trailer or mobile home on a weekly, monthly or other basis.
TWO-FAMILY DUPLEX HOUSE
A dwelling constructed or designed for, and occupied exclusively
by, two dwelling units — one on each side of a common center
wall, party wall or vertical sectional partition.
TWO-FAMILY SECTIONAL HOUSE
A dwelling constructed or designed for, and occupied exclusively
by, two dwelling units — one on the first story and one on the
second story.
VARIANCE
The modification granted by the Zoning Hearing Board to a
prohibition or regulation of this chapter — in accordance, however,
with the substantive rules governing the grant or denial of a variance
set forth in Section 912 of the Pennsylvania Municipalities Planning
Code. (Comment: Generally, a request to the Zoning Hearing Board
for a variance will fall into one of two categories: a request for
a use variance or a request for a dimensional variance. The request
for a use variance is a request to introduce a use into a zoning district
which is not permitted by this chapter. The request for a dimensional
variance is a request to waive or modify the minimum lot area, the
maximum building area, a minimum yard dimension, or other like design
or technical requirement prescribed by this chapter.)