A.
For the purpose of this chapter, certain terms and words are defined
below. Words used in the present tense shall include the future tense.
Words in the singular shall include the plural and words in the plural
shall include the singular. Words in the masculine include the feminine
and the neuter.
B.
The word "shall" is mandatory. The word "may" is permissive. The
word "person" includes "individual," "company," "unincorporated association"
or other similar entities. The words "used for" include "designed
for," "arranged for," "intended for," "maintained for" or "occupied
for." The word "building" shall be construed as if followed by the
phrase "or part thereof."
Terms or words used herein, unless otherwise expressly stated,
shall be construed as defined below. When terms, phrases or words
are not defined, they shall have their ordinarily accepted meanings
or such as the context may imply.
The point in which a vehicle and person can enter, exit and/or
approach a parcel of land.
The ability to enter, exit and/or approach a parcel of land
by a person and vehicle.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of land or of a building on
a lot.
43,560 square feet.
The Pennsylvania Municipalities Planning Code, as amended.[1]
The state of being side by side, having a common border.
The average number of vehicles that pass over a given point
per day.
Any adult bookstore, arcade, bar, cabaret, tavern, dance
hall, nightclub, restaurant, theater, mini motion-picture theater,
motel and/or any other adult establishment as defined within this
chapter, and which, under the State Obscenity Code,[2] as amended, must exclude minors or may not knowingly disseminate
to minors.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically or mechanically controlled still or motion producing devices are maintained to show images to five or fewer persons per machine at any one time or where the image is so displayed or distinguished or characterized by depicting or describing specific sexual activities or specific anatomic areas.
ADULT BOOKSTOREAn establishment, having as a substantial or significant portion of its stock-in-trade (for sale or rental), books, magazines and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET, DANCE HALL, CLUB, BAR, TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENTAny place or establishment offering entertainment used for presenting material distinguished or characterized by an emphasis on manner depicting or describing specific sexual activities or specific anatomic areas for observation by patrons therein, whether or not liquor is sold on the premises. Such presentation or material may be live or through films, motion pictures, videocassettes or other photographic reproduction depicting or describing specific sexual activities or specific anatomic areas.
ADULT ENTERTAINMENTLive or non-live entertainment containing specific sexual activities or presenting specific anatomic areas. This definition shall also include, but not be limited to, adult bookstore, arcade, bar, cabaret, tavern, dance hall, nightclub, restaurant, theater, mini motion-picture theater, retail establishment motel, peep shows, sexual encounter center and/or any other adult establishment as defined within this chapter.
ADULT RETAIL ESTABLISHMENTAny commercial place or establishment offering principally, either by sale or by rental, books, videos, magazine rentals, printed matter, photographs, films, motion pictures, slides, instruments, devices and/or any other paraphernalia showing or utilized for specific sexual activities or specific anatomic areas by patrons on or off the premises. This definition may not apply to commercial establishments which may have other principal business purposes and which may offer to sell or rent adult material; provided, it is displayed in such a way that only the name of the item appears and/or that it is not utilized or viewed by patrons on the premises.
ADULT MINI MOTION-PICTURE THEATERAn enclosed or partially enclosed building which houses a commercial establishment with the capacity for less than 50% used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT THEATERAn enclosed or partially enclosed building which houses a commercial establishment with the capacity for more than 50% used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTEL OR HOTELA hotel, motel or similar commercial establishment which offer accommodation to the public for any form of consideration, provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproduction which are used for presenting material distinguished or characterized with an emphasis on matter depicting or describing specific sexual activities or specific anatomic areas.
NUDITY or STATE OF NUDITYThe appearance of the specific anatomic areas without any coverings on the body area.
PEEP SHOWSAn enclosed or partially enclosed building which houses a commercial establishment with the capacity for one or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by parties or patrons therein.
SEMINUDE or SEMINUDITYState of dress in which clothing partially or opaquely covers specific anatomical areas.
SEXUAL ENCOUNTERSA business of commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SPECIFIC ANATOMIC AREASParts of the human body, including human genitals, pubic area, anus, buttocks, female breast(s) and/or human male genitals.
SPECIFIC SEXUAL ACTIVITIESHuman genitals in a state of sexual stimulation or arousal; acts or simulated acts of human masturbating, sexual intercourse, sodomy or oral copulation; fondling or other erotic touching of specific anatomic areas; and/or excretory functions.
The cultivation of the soil and the raising and harvesting
of the products of the soil including, but not limited to, horticulture,
forestry and animal husbandry.
Specialized agricultural activities including, but not limited
to, composting, mushroom, egg and poultry production and livestock
production which, due to the intensity of production or raw material
storage needs, necessitates special control of operation, raw material
storage and processing, and disposal of liquid/solid wastes.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such building from one location or position to another.
Livestock which is equivalent to 1,000 pounds.
A metallic device (such as a rod or wire) utilized for radiating
or receiving transmission waves. For the purposes of this chapter,
a support tower shall be construed as an accessory structure to the
antenna.
That part of a building which is immediately below and wholly
or partly within the roof framing.
A story partly below the finished grade but having 1/2 or
more of its height (measured from finished floor to finished ceiling)
above the average level of the finished grade where such grade abuts
the exterior walls of the building. A basement shall not be considered
a story in determining the permissible number of stories.
The provisional short-term use and occupancy of a single-family
detached dwelling for the purpose of accommodating transient guests
for rent.
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Borough or by any combination of the above.
A private house or enterprise that provides accommodations
for guests in exchange for payment.
The Borough of Kenhorst, Berks County, Pennsylvania.
The Kenhorst Borough Council, Berks County, Pennsylvania.
A continuous strip of land which is clear of all buildings and paved areas and is adequately landscaped in accordance with § 475-34 of this chapter.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts, designed
for the enclosure and support of individuals, animals or property
of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions.
The change in use of a property or structure from the principal
use a structure was constructed for to another use.
The percentage of a lot which is covered by principal and
accessory buildings.
The vertical distance measured from the average elevation
of the finished grade at the two front corners of the building to
the highest point of the roof.
The measurement of a building in one general direction, whether
it is the front, side or rear of the building.
The minimum distance a building or structure must be set
back from the street right-of-way line (except the right-of-way of
a service street).
The line within a property establishing the minimum required
distance between any building or structure or portions thereof to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property and the
building setback line shall be parallel to said right-of-way line.
A building open on two or more sides and used in association
with a dwelling for the storage of private motor vehicles.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
For the purpose of this chapter, a cellar shall be considered
a basement.
A statement, based on an inspection, signed by the designated
person or firm authorized by Council, setting forth that a building,
structure, sign and/or land complies with this chapter or that a building,
structure, sign, and/or land may be lawfully employed for specific
uses, or both.
A building used for public worship by a congregation, excluding
buildings used primarily for residential, educational, burial, recreational
or other uses not associated with worship.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
Any commercially operated enterprise open to the public for
the purpose of cleaning, washing, waxing, vacuuming, detailing, etc.,
vehicles.
A school for the teaching of a trade or skill, carried on
as a business.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for use or enjoyment of all residents of the development in which
it is located. Land included within the right-of-way lines of streets
shall not be classified as common open space. Common open spaces shall
not include required open areas between buildings and between buildings
and street rights-of-way, driveways, parking areas and property lines
in the development. No dwelling unit, residential accessory buildings
or parking areas may be located within common open spaces.
A parking facility other than those provided within the lot
lines for use by multiple parcels of land, multiple tenants, or any
other area where parking is shared and not used for a sole specific
parcel and use.
A wall used or adopted for joint service between two buildings
or parts thereof. Unless otherwise specified in this chapter, the
side yard setback shall not apply to a common lot line extending from
the common wall.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The document entitled the "Kenhorst Borough Comprehensive
Plan," or any part thereof, adopted by the Kenhorst Borough Council.
Certain specified uses which are permitted or denied by Borough
Council pursuant to express standards and specifications established
in this chapter.
The total necessary land required for all buildings or uses
within a unified development before a zoning permit may be issued.
An association of mentally and/or physically handicapped
adults and their caregivers which have been licensed by the Commonwealth
of Pennsylvania. All residents shall function as a single housekeeping
unit, sharing kitchen facilities and a communal dining area. Court-mandated
associations, rehabilitative facilities, penal institutions and/or
any type of living arrangement which is clearly an involuntary association
shall not under any circumstance be considered as a convalescent home,
regardless of the living arrangement within the facility or dwelling
unit.
To change or adapt land or structures to a different use,
occupancy or purpose.
The Kenhorst Borough Council, Berks County, Pennsylvania.
The County of Berks, Commonwealth of Pennsylvania.
The Berks County Planning Commission.
A portion of a lot unoccupied above grade, but partially
or wholly surrounded by the walls of a structure or buildings.
The edge of the cartway.
A proposed zoning amendment made to the Borough by any landowner
who desires to challenge on substantial grounds the validity of an
ordinance which prohibits or restricts the use of the development
of land in which the applicant has an interest.
A zoning amendment initiated by the Borough pursuant to Section
609.2 of Pennsylvania Act 247.[3]
Any facility that is required to be licensed by the PA Department
of Public Welfare or the PA Department of Education to oversee children
or adults with no overnight accommodations.
The number of dwelling units per net acre.
Any man-made change to improved or unimproved land including,
but not limited to, buildings or other structures, the installation
of utilities, filling, grading, paving, excavation, mining, dredging
or drilling operations.
A portion of the Borough within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of this chapter.
Animals including, but not limited to, dogs, cats, fish,
birds or other animals, which have been domesticated by man to live
and breed in a tame condition.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boarding, rooming, lodging houses, nursing homes, motels and institutional
residences are not included in the definition of "dwelling."
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a common wall.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
TOWNHOUSEA building arranged, intended or designed to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by unpierced common walls, each dwelling having at least one separate entrance.
APARTMENT BUILDINGA building on a single lot arranged, intended or designed to be occupied as a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space, solely for the owners of those portions, created under the Pennsylvania Uniform Condominium Act, as amended.[4],[5]
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the State of Pennsylvania, intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental assembly operations.
MODULAR HOMEAny structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site.
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit and having no cooking or sanitary facilities
in common with any other unit.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the public.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by the Federal Fair Housing Law, provided such facilities
are licensed and permitted under the authority of the Department of
Welfare of the Commonwealth of Pennsylvania or other state department
or agency. In determining the functional equivalent of a traditional
family, the following criteria shall be present:[6]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An area of land, including all buildings, accessory buildings,
farm buildings and one single-family detached principal dwelling all
used for agriculture and where the primary source of income is derived
from property.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
The gross floor space of the building or buildings, measured
from the exterior faces of exterior walls or from the center line
of wall separating buildings. In particular, the floor area of a building
or buildings shall include:
Basement space.
All spaces with structural headroom of seven feet, six inches
or more.
Interior balconies and mezzanines.
Enclosed porches or terraces or other space which are attached
to the principal structure on at least one side.
Attic spaces (with or without a finished floor) providing structural
headroom of seven feet, six inches or more is available over 50% of
such attic space.
The floor area in square feet of all buildings on a lot divided
by the gross area of such lot in square feet.
The lot dimensions measured along the right-of-way line of
any one street or highway abutting a lot.
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises and for the storage of not more than three motor vehicles
owned and used by persons other than the owner or tenant of the premises.
Not more than one commercial vehicle or truck may be stored in a private
garage.
A building, other than a private or storage garage, one or
more stories in height, used solely for the commercial storage, service
or repair of motor vehicles.
A building, not a private residential nor a public garage,
one story in height, used solely for the storage of motor vehicles
used in conjunction with a business or industry, but not for the sale,
service or repair thereof nor for the sale of fuel, accessories or
supplies.
The Kenhorst Borough Council, Berks County, Pennsylvania.
A facility or building, associated with or owned by an institution
of higher education, which is designed or used as a residence for
students enrolled at said institution of higher education, including,
but not limited to, a dormitory, fraternity house, or sorority house.
A private or public indoor facility utilized for recreational
activities. All activities relating to an adult business use shall
be prohibited within a health club.
A place of ingress/egress from or access to a street or highway
created by a driveway or another street or highway. Measurement between
them shall be from the center line of one such point to the center
line of another such point.
A professional use which is customarily carried on in a dwelling
unit, or a structure accessory thereto, clearly secondary and incidental
to the dwelling in which the practitioner resides. The office of a
licensed medical practitioner or allied health field, dentist, architect,
artist, baker (not for retail consumption), lawyer, accountant, insurance
agent, real estate broker, teacher, tax collector, engineer, dance,
music or voice instructor, dressmaker, milliner or seamstress, general
repair or service, farm-based business, barber or beautician or similar
occupation.
A building or group of buildings containing six or more individual
rooms for rental, primarily for transients, with common hallways for
all rooms on the same floor, and where no provision is made for cooking
in any individual room or suite. "Hotel" does not include institutional
or educational uses and buildings where human beings are housed under
legal constraint.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces,
decks, patios and similar surfaces which do not normally absorb rainfall.
Any type of structure or paved section, excluding driveway,
curb, sidewalk or barrier to unchanneled motor vehicle entrance or
exit.
The minimum distance an improvement or land use activity
must be set back from a street right-of-way and/or property line.
A facility for the manufacture, processing or warehousing
of products and materials.
A commercial establishment, structure, lot or portion of
a lot in which five or more domesticated pets more than six months
old are kept for the purpose of breeding, boarding, sale and/or show.
A building or group of buildings containing the facilities
for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition). A lessee under a
written lease, who has written authorization of the legal owner, shall
be deemed to be a landowner for the purpose of this chapter.
Animals including, but not limited to, horses, cattle, pigs,
hogs, sheep, goats, poultry, rabbits or similar animals which are
kept or raised for use, pleasure and/or profit.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, designed or required. The term "lot" shall also mean
parcel, plot and/or site.
CORNER LOTA lot situate at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each public street to which the corner lot has frontage.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots which have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
The space contained within the lot lines, including land
area within all existing and future/ultimate street rights-of-way,
areas delineated as "wetlands," areas identified as common open space
and land area within all utility, municipal and stormwater easements.
The space contained within the lot lines, excluding any and
all land areas as follows: areas within any rights-of-way; areas identified
as common open space; areas within easements; areas delineated as
wetlands; and areas within the one-hundred-year floodplain as defined
by FEMA. The net lot area for all proposed lots shall be no smaller
than the minimum lot size for the zoning district in which the lot
is located.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a single street.
A line forming the front, rear or side boundary of a lot.
FRONT LOT LINEThe line separating a lot from a street. The front lot line is also the street line.
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINEAny lot line other than a front or rear lot line.
A lot or parcel recorded in the Office of the Recorder of
Deeds of Berks County, Pennsylvania. Any lot which has been recorded
prior to the enactment of this chapter, and does not comply with the
minimum or maximum requirements set forth by this chapter, shall be
considered as a nonconforming lot. All lots of record shall be subject
to the development controls and limitations specified within this
chapter.
The width of a lot measured at the street line and at the
legal right-of-way line of the public street immediately adjacent
thereto.
A place of business where a person or persons engage in or
carry on any method of pressure on, friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating any
part of the body with the hands or with the aid of any apparatus.
This use does not include licensed physicians or members of the American
Massage Therapist Association.
A structure with a permitted commercial use on the street
level and residential units above.
A group of attached or detached buildings which primarily
have direct access to the outside and contain individual living or
sleeping units designed for temporary use by tourists or transients
generally traveling by motor vehicle.
An area of land, including structures thereon, used primarily
for the sale of gasoline or motor vehicle fuel, but which may be used
secondarily for supplying services generally required for the operation
and maintenance of motor vehicles, but which shall not include painting,
body and fender repairs or sale, rental and storage of vehicles.
The Borough of Kenhorst, Berks County, Pennsylvania.
A use by the Borough of Kenhorst for public recreation area,
park, municipal offices, police station, water and sewage facilities,
utilities, road materials and equipment storage and similar governmental
uses.
An enclosed unit or group of units which are utilized for
the production, processing or cultivation of mushrooms for commercial
purposes or profit.
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, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. 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 may not use any equipment or process 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 may not involve any illegal activity.
A lot which does not meet with the minimum lot width, depth,
or area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Zoning Hearing Board.
A structure or building or part thereof which does not meet
the applicable provisions or requirements of the district in which
it is located, either at the time of enactment of this chapter or
as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of such chapter
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A building, structure, sign or use of land which does not
conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this chapter or
as a result of subsequent amendments thereto, but which did not violate
any applicable use regulations prior to the enactment of such chapter
or amendments. However, no existing use shall be deemed nonconforming
solely because of the existence of less than the required off-street
parking spaces.
The raising of trees (for transplanting), ornamentals, shrubs,
flowers or house plants for any commercial purpose. All such accessory
buildings or structures shall not be utilized as a separate commercial
land use. Accessory buildings and structures customary to agricultural
and horticultural land uses shall be exempt from the height and open
area requirements specified within this chapter.
The raising of trees (for transplanting), ornamentals, shrubs, flowers or house plants for private or residential purposes. All such accessory buildings or structures shall not be utilized as a separate commercial land use and shall be subject to the provisions for residential accessory structures and uses specified under § 475-22B of this chapter.
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
services, including the availability of basic nursing care. Such a
facility may or may not include skilled nursing or medical care. This
definition shall be limited to facilities licensed by the Commonwealth
of Pennsylvania as a nursing center or personal care center.
The Zoning Map of Kenhorst Borough.
A flood that, on the average, is likely to occur once every
100 years or has a one-percent chance of occurring each year, although
the flood may occur in any given year.
Unoccupied space open to the sky and on the same lot with
the principal use.
A lot or parcel which has been recorded in the Office of
the Recorder of Deeds of Berks County, prior to the enactment of this
chapter. All lots of record shall be subject to the development limitations
and controls specified within this chapter.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways and maneuvering space appurtenant
thereto.
The limit beyond which parking is not allowed; the circumscribed
parking area.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet, exclusive of passageways or other means
of circulation or access.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
A use permitted in a particular district to occupy or use
land for a specific purpose in accordance with this chapter, when
such use is permitted by right.
An establishment devoted to the raising, of pigs, hogs, boars,
sows, gilts or similar animals, which are kept in densely defined
areas (inside or outside) for use and/or profit.
The proposal for development, including a part of subdivision,
all covenants, grants or easements and other conditions relating to
use, location and bulk of buildings, density of development, common
open space, recreation areas and/or public facilities.
The Planning Commission for the Borough of Kenhorst, Berks
County, Pennsylvania.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure,
or building is designed, arranged or intended, and for which they
may be occupied or maintained under the terms of this chapter.
An office wherein a professional, clerical and/or administrative
service is performed.
A commercial service wherein the provider is a licensed,
accredited or otherwise recognized expert in some field of business.
Professional services shall include all types of services related
to medical, financial, legal, advertising, public relations, engineering,
architectural, land use planning, surveying, graphic design and similar
services.
Land used or intended to be used for the burial of human
remains and may include a columbarium, crematorium, mausoleums and
mortuaries when operated in conjunction with and within the boundary
of such cemetery.
A government or private business organization, subject to
governmental regulation, that provides an essential commodity or service,
such as water, electricity, transportation, or communication, to the
public.
Land area that contains facilities that require visitors/participants
to become involved in physical or an energetic moving function, primarily
group functions.
Land area that contains facilities that require visitors/participants
to become involved in quiet functions that do not require physical
or energetic functions.
The minimum distance that a building or structure must be
set back from a principal residential dwelling unit.
A building containing age-restricted sleeping rooms or units.
This definition shall be limited to facilities not licensed by the
Commonwealth of Pennsylvania as a nursing center or personal care
center.
A lot, land or structure or parts thereof used for the collection,
storage, dismantling, salvage, sale or recycling of used and discarded
materials including, but not limited to, wastepaper, rags, scrap metal
or the scrap, salvage or discarded material from vehicles or machinery.
A public system which is designed to collect, convey, treat
and dispose of sewage from users in compliance with state and local
regulations.
Any structure, building, wall or other outdoor surface or
any device or part thereof which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or other representations
used for announcement, direction or advertisement. The word "sign"
includes the word "billboard," but does not include the flag, pennant
or insignia of any nation, state, city or other political unit, nor
public traffic or directional signs.
PERMANENT SIGNA sign that is installed on a foundation or mechanically affixed to a building without intention to be able to readily remove said sign.
TEMPORARY SIGNA sign that is freestanding on a frame; or not mechanically affixed to a building which displays a message for a limited time frame. Temporary signs include all moveable signs.
CHANGEABLE SIGNA sign that consists of or contains a component that allows for the manual changing of letters or numbers to alter the message of the sign without removal or modification to the sign structure or display surfaces.
ELECTRONIC MESSAGE SIGNA sign that consists of or contains changing text or graphics generated by electrical components.
Waste, including solid, liquid, semisolid or contained gaseous
materials.
A use permitted in a particular district by the Zoning Hearing
Board, to occupy or use land for a specific purpose in accordance
with this chapter, when such use is not permitted by right.
The one-percent-annual-chance flood (one-hundred-year flood),
also known as the "base flood." The area that has a one-percent annual
chance of being equaled or exceeded in any given year. The special
flood hazard area is the area subject to flooding by the one-percent-annual-chance
flood as delineated by the Federal Emergency Management Agency.
18 Pa.C.S.A. § 5903, as amended.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it. A basement, but not a cellar, shall be deemed to be
a story.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, road, court, drive, expressway, highway and similar terms.
ARTERIAL (MAJOR) STREETA street serving a large volume of comparatively high-speed and long-distance traffic.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or arterial streets or other collector streets.
MINOR STREETA street used primarily to provide access to residential properties.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a permanent vehicular turnaround at the other end.
MARGINAL ACCESS STREETA minor street, parallel and adjacent to an arterial or collector street which provides access to abutting properties and control of intersections.
INTERNAL STREETA minor street used for circulation and access within a development involving multi-residential, commercial and/or nonresidential land uses.
SERVICE STREET (ALLEY)A right-of-way providing secondary access to the side or rear of two or more properties.
PUBLIC STREETA street which has been officially dedicated to Kenhorst Borough or the Commonwealth of Pennsylvania.
PRIVATE STREETA street which is held under private ownership by an individual, group, partnership or corporation and has not been titled or dedicated to the Borough of Kenhorst.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
The dividing line between a lot and the outside boundary
of a public street, road or highway right-of-way legally open or officially
mapped by a municipality or higher governmental authority, between
a lot and the outside boundary of a street shown on a recorded subdivision
or land development plan, or between a lot and a private street or
road over which the owners or tenants of one or more lots held in
single and separate ownership have a right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to land.
An individual who is enrolled at a university, college or
trade school and whose primary occupation is as a student or who is
on a semester or summer break from studies at a college, university
or trade school or any combination of such persons. The term "student"
shall not apply to students who have completed a bachelor or equivalent
degree or persons enrolled in a single course at a time. The residents
of a student home may or may not live as a single housekeeping unit.
A home that is not owned by an institution of higher education
and contains a living arrangement for at least two students, up to
a maximum of three students (as defined in this chapter) and who are
unrelated to each other by blood, marriage or legal adoption. The
term "student home" shall not include dormitories owned or operated
by an institution of higher education, a fraternity house, or a sorority
house. The term "student home" shall be used interchangeably with
the term "student housing." This term shall not include one or more
students living in the same dwelling as their parent(s).
Any landowner, whether an individual, firm, partnership,
association, corporation, estate, trust or any other group or combination
acting as a unit (or agent of said landowner authorized thereby) which
undertakes the subdivision or development of land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development. Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Chapter 410, Subdivision and Land Development, as adopted by the Kenhorst Borough Council.
A body of water or receptacle for water having a depth at
any point greater than 18 inches which is primarily used or intended
to be used for swimming or bathing.
A licensed or certified establishment that provides for the
manipulation of the body to alleviate pain, discomfort, muscle spasm
and promote health and wellness.
A well or facility for either the production or support of
production of natural gas from a geological formation existing below
the base of the Elk Sandstone or its geologic equivalent stratigraphic
interval where natural gas generally cannot be produced at economic
flow rates or in economic volumes except by vertical or horizontal
well bores stimulated by hydraulic fracture treatments or by using
multilateral well bores or other techniques to expose more of the
formation to the well bore.
The specific purpose for which land, a sign or a structure
or building is designed, arranged, intended, or for which it may be
occupied or maintained or any activity, occupation, business or operation
which may be carried on, thereon or therein. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
Relief granted by the Zoning Hearing Board from the terms
and conditions of this chapter all in accordance with the provisions
established within this chapter and the Pennsylvania Municipalities
Planning Code (Act 247, as amended).[7]
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term "waste" shall also include and apply to waste considered
as hazardous, contaminated, toxic, residual, municipal or recyclable,
as defined by the Pennsylvania DEP and/or Environmental Protection
Agency.
A system designed to transmit public water from the source
to users in compliance with the requirements of the appropriate state
agencies and the Borough of Kenhorst.
Those areas that are inundated or saturated by surface 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. Wetlands
generally include swamps, marshes, bogs and similar areas. The three
major characteristics of wetlands include vegetation, soil and hydrology.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward, except as herein permitted.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply fronting each public street.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
and height, area, bulk and use of buildings and yard requirements;
and in some states, density of population. Zoning is affected by local
ordinance under the police power of the state granted by specific
legislation generally termed an "enabling act."
A board created by Borough Council to hear matters as provided
for in this chapter.
Kenhorst Borough Zoning Map.
The designated person, agent, firm or official authorized
by Borough Council to administer and enforce the Zoning Ordinance
of the Borough.
The Kenhorst Borough Zoning Ordinance of 2012, as adopted
by the Kenhorst Borough Council on August 2, 2012 (this chapter).
