[Amended 1-20-1976 by Ord. No. 2]
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
A. 
Words used in the present tense include the future tense.
B. 
The singular includes the plural.
C. 
The word "person" shall include any person, firm, partnership, association, or corporation.
D. 
The word "lot" includes the word "plot" or "parcel."
E. 
The term "shall" is always mandatory.
F. 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
[Amended 3-2-1992 by Ord. No. 1; 3-3-1997 by Ord. No. 3-4-B; 4-7-1997 by Ord. No. 4-1]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADULT BOOKSTORE
An establishment having any income derived from the sale of books, magazines and other periodicals, including, but not limited to, movies, videotapes, and/or movie viewing machines, the content thereof that would constitute a criminal offense according to the Crimes Code, 18 Pa.C.S.A. § 5903, and/or pertains to the derivation of income from the sale or display of the same which would be considered obscene pursuant to the definition contained herein.
ADULT MOVIE THEATER
An establishment having any income derived from exhibition of motion pictures which would be considered obscene pursuant to the definition contained herein or would constitute a criminal offense according to the Crimes Code, 18 Pa.C.S.A. § 5903.
ALLEY
A public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS
As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL
A building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, LOT
The total area within the lot lines.
AUTO BODY SHOP
Any structure or any building or part thereof that is used for the repair or painting of bodies and fenders of motor vehicles.
AUTO COURT
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "auto court" includes buildings designated as tourist courts, motor lodges, motels and similar appellations.
BASEMENT
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes, other than a game or recreation room.
BOARDINGHOUSE
Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished-room house shall be deemed a boardinghouse.
BUILDING
Any structure having a roof supported by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, ACCESSORY
A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING, DETACHED
A building surrounded by open spaces on the same lot.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, MAIN
A building in which is conducted the principal use of the lot on which it is located.
CAMP
Any one or more of the following, other than a hospital, place of detention or school offering general instruction:
A. 
Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise.
B. 
Any building or group of buildings, other than buildings constituting a camp, used for temporary or seasonal living purposes other than normal residential occupancy of a dwelling of a type permitted in the district in which situated or normal occupancy of a hotel, rooming house, tourist home or automobile court.
C. 
Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes and shall apply to any of the foregoing establishments, whether or not conducted for profit and whether occupied by adults or by children, either as individuals, families or groups.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
CARPORT
An open space for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts, except that one or more walls may be the walls of the main building to which the carport is an accessory building or extension.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
CHARITABLE
As applied to any entity, organization, group, business use, operation or function, shall mean and connote that the use, business, operation or function is conducted not for profit, regardless of the nature or purpose thereof, except as pertains to obscene and/or pornographic materials or displays, and shall include those entities under the provisions of the Pennsylvania Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., or under any of the provisions of the United States Internal Revenue Code or of any laws, regulations or rules enacted thereunder.[1]
CLUB (PRIVATE)
An establishment operated by an organization for fraternal, sororal, social, recreational or educational purposes that do not include the sale, display, or providing of obscene materials or entertainment or the conduct of which would constitute a criminal offense according to the Crimes Code, 18 Pa.C.S.A. § 5903.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.[2]
CONVERSION APARTMENT
A multifamily dwelling constructed by converting an existing dwelling into apartments for more than one family without substantially altering the exterior of the building.
COURT
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGE
That portion or percentage of the plot or lot area covered by the building area.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DANCE HALL
An establishment having, as a substantial or significant portion of its income, money or revenue derived from the sale, rental or lease of any part of the premises for the purpose of dancing, either by patrons and/or entertainers, wherein there are obscene materials or obscene entertainment pursuant to the definition of "obscenity" contained herein. Any establishment that is opened and maintained by any organization that is recognized as a charitable organization by the Internal Revenue Service is exempted from this definition.
DOG KENNEL
The keeping of three or more dogs that are more than six months old.
DUMP
A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.
DWELLING
A. 
A building designed or used as the living quarters for one or more families.
B. 
The terms "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling," or "dwelling group" shall not be deemed to include automobile courts, rooming houses, tourist homes or hotels.
DWELLING, GROUP
A group of two or more one-family, two-family, or multiple dwellings occupying a lot in one ownership and having any yard in common.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, group dwellings and row dwellings.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively by one family and having two side yards.
DWELLING, ONE-FAMILY DETACHED
A house accommodating but a single family and having two side yards.
DWELLING, ONE-FAMILY SEMIDETACHED
A one-family house having one party wall and one side yard.
DWELLING, ROW
A dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and are party or lot line walls and consisting of more than two dwelling units in a row.
DWELLING, TWO-FAMILY DETACHED
A building having two side yards and accommodating but two families, with one family living over the other.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
ELECTRIC SUBSTATION
An assemblage of equipment for a purpose other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public.
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.[3]
FAMILY
One or more persons who live together in one dwelling unit and maintain a common household; may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption; may also include domestic servants and gratuitous guests.
FARM
Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FILLING STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
FLOOR AREA, HABITABLE
The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathroom, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court.[4]
FLOOR AREA OF A BUILDING
The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
GARAGE, PRIVATE
An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage not a private garage and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially established by the municipal authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein.
HOSPITAL
Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in any accessory building.
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used for living purposes and with its wheels, rollers or skids in place or not in place or a permanent or semipermanent foundation is constructed underneath.
JUNKYARD
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
LAUNDERETTE
A business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LINE, STREET
The dividing line between the street and the lot.
LODGING HOUSE
A building in which three or more but not more than 15 rooms are rented and in which no table board is furnished.
LOT
Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT, CORNER
A parcel of land at the junction of and abutting on two or more intersecting streets.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
MAILED NOTICE
Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.[5]
MASSAGE PARLOR
An establishment having any income derived from providing services for obtaining massages wherein the services would constitute a criminal offense according to Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5902, and/or otherwise would be considered obscene pursuant to the definition provided herein.
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOTEL
See "auto court."
NO-IMPACT HOME-BASED BUSINESS
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:[6]
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
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.
F. 
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.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING USE
A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
NURSING OR CONVALESCENT HOME
Any dwelling with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OBSCENE/OBSCENITY/OBSCENE MATERIALS
As used in this chapter, the following terms shall have the meanings indicated:
A. 
COMMUNITY STANDARDSThe standards of the community from which the jury is drawn or would be drawn if it were the trier of fact.
B. 
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse, or sodomy.
C. 
NUDE OR PARTIALLY DENUDED FIGURESLess than completely and opaquely covered:
(1) 
Human genitals;
(2) 
Pubic regions;
(3) 
Buttocks; and/or
(4) 
Female breasts below the point immediately above the top of the areola.
D. 
OBSCENEThat which is determined as obscene, applying the following guidelines:
(1) 
Whether the average person applying contemporary community standards would find that the subject matter taken as whole appeals to the prurient interest.
(2) 
Whether the subject matter depicts or describes in a patently offensive way sexual conduct of a type hereinafter described.
(3) 
Whether the subject matter taken as a whole lacks serious literacy, artistic, political or scientific value.
E. 
PATENTLY OFFENSIVESo offensive on its face as to affront current standards of decency and shall be deemed to include any of the following described forms of sexual conduct if depicted, described or exhibited in a patently offensive way:
(1) 
An act of sexual intercourse, normal or perverted, actual or simulated, real or animated, including genital/genital, anal/genital, or oral/genital intercourse, whether between human beings or between a human being and an animal.
(2) 
Masturbation, excretory functions, or physical contact or simulated physical contact between humans and/or between humans and animals in an act of apparent sexual stimulation or gratification.
(3) 
A device designed and marketed as useful primarily for stimulation of the human genital organs.
(4) 
Male or female genitals in a state of sexual stimulation or arousal.
(5) 
Fellatio, cunnilingus, anal sodomy, seminal ejaculation, or any other excretory function.
OPEN SPACE
An unoccupied space open to the sky on the same lot with the building.
PARKING SPACE
The area required for parking one automobile, subject to the requirements of Article XI, Off-Street Parking.[7]
PLAT
A map, plan or layout of a subdivision indicating the location and boundaries of individual properties.
PORCH
A covered area in excess of four feet by five feet or 20 square feet in area at a front, side, or rear door.
PREMISES
Any lot, parcel or tract of land and any building constructed thereon.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough Council or the Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.[8]
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.[9]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made or for which a plot plan showing present and proposed grades has been approved.
RESIDENTIAL HOTEL
A dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands, and other accessory services primarily for serving its occupants and only incidentally the public.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishments.
SANITARIUM, SANATORIUM
A private hospital, whether or not such facility is operated for profit.
SIGN
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.[10]
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration, hire or sale.
STOOP
A covered or uncovered area at a front, side or rear door not exceeding four feet by five feet or 20 square feet in area.
STORY
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.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
A public way which affords principal means of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.[11]
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 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 ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.[12]
TELEPHONE EXCHANGE BUILDING
A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone messages between subscribers and other business of the telephone company, but, in a residential district, not to include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.
THEATER
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOURIST CABINS
A group of buildings, including either separate cabins or a row of cabins, which:
A. 
Contain living and sleeping accommodations for transient occupancy.
B. 
Have individual entrances.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER
See "house trailer."
TRAILER CAMP
A tract of land:
A. 
Where two or more trailers are parked; or
B. 
Which is used or held out for the purpose of supplying to the public a parking space for two or more trailers.
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.[13]
WINDOW
An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.
YARD
An unoccupied space open to the sky, on the same lot with a building or structure.
YARD, FRONT
An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the sidelines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REAR
An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building.
YARD, SIDE
An open unoccupied space on the same lot with the building, situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a sideline.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[10]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[13]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).