Except where specifically defined herein, all words used in
this chapter shall carry their customary (dictionary) meanings.
A.
Words in the present tense shall include the future tense.
B.
The singular shall include the plural, and the plural shall include
the singular.
C.
The masculine gender shall include the feminine and the neuter and
vice versa.
D.
The word "shall" is always mandatory, and the word "may" or "should"
is always permissive.
E.
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 occupied."
F.
ACCESSORY USE/BUILDING
ADULT DAY-CARE CENTERS
ALLEY
AMERICANS WITH DISABILITIES ACT (ADA)
AREA
ASSISTED LIVING FACILITY
BASEMENT
BED-AND-BREAKFAST (HOMESTEAD OR INN)
BOARD (ZONING HEARING BOARD)
BOARDING-, ROOMING OR LODGING HOUSE
BODY PIERCING
BUILDING
BUILDING HEIGHT
BUILDING OR SETBACK LINE
BUILDING, PRINCIPAL
BUSINESS SERVICE
CHURCH
CLINIC
CLUB
CODE
COMMERCIAL/RESIDENTIAL BUILDING
COMMISSION (PLANNING COMMISSION or BOROUGH PLANNING COMMISSION)
COMMON OPEN SPACE
CONVENIENCE STORE
COUNTY PLANNING
COVERAGE
DAY-CARE FACILITY
(1)
(2)
(3)
DEDICATED ROADWAY
DENSITY
DWELLING UNIT
DWELLING, MULTIPLE FAMILY
DWELLING, SINGLE-FAMILY
ENGINEER, MUNICIPAL
ESSENTIAL SERVICES
FAMILY
FLOOR AREA, HABITABLE
FOUNDATION
GARAGE, REPAIR (see also "SERVICE STATION")
GOVERNING BODY
GROUP CARE FACILITY
HEARING
HEAVY INDUSTRIAL
HOME OCCUPATION
JUNKYARD
LIGHT INDUSTRIAL
LOADING SPACE
LOT
LOT OF RECORD
LOT, CORNER
LOT, DEPTH OF
LOT, MINIMUM AREA OF
LOT, WIDTH OF
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MUNICIPALITY
NO-IMPACT HOME-BASED BUSINESS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME
PERSONAL CARE HOME/ASSISTED LIVING FACILITY
PERSONAL SERVICES
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING CODE
PROFESSIONAL OFFICES
PUBLIC GROUNDS
PUBLIC NOTICE
RENEWABLE ENERGY SOURCE
REPAIR SHOP
RETAIL BUSINESS ESTABLISHMENT
RETAIL WITH SECONDARY LIGHT INDUSTRIAL
ROAD
ROOMING OR LODGING HOUSE
SIGN
SKIN ART
SPECIAL EXCEPTION USE
STATION, SERVICE (see also "GARAGE, REPAIR")
STORY
STREET
STRUCTURE
SWIMMING POOL
TATTOO PARLORS
TOURIST HOMES
TRAVEL TRAILER
TRUCK TERMINAL
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
YARD
YARD, BACK
YARD, FRONT
YARD, SIDE
ZONING CERTIFICATE
ZONING MAP
ZONING OFFICER
Any word or term not defined in this chapter shall be used with a
meaning of standard (dictionary) usage.
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
"Adult day-care centers offer social, recreational and health-related
services to individuals, in a protective setting, who cannot be left
alone during the day because of health care and social need, confusion
or disability." (Source: U.S. Department of Health and Human Services)
A narrow service way providing a secondary means of access
to abutting properties.
The Americans with Disabilities Act of 1990.[1]
Area of a lot or site shall be calculated from dimensions
derived by horizontal projections of the site.
See "personal care home."
A story having more than 50% of its clear height below the
average level of the surrounding ground. A basement shall be counted
as a story for the purpose 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 dwelling purposes.
A private residence which contains eight or fewer bedrooms
used for providing overnight accommodations to the public, and in
which breakfast is the only meal served and is included in the charge
for the room. Bed-and-breakfast establishments are regulated by the
Commonwealth of Pennsylvania, Department of Agriculture.
The duly appointed Zoning Hearing Board of the Borough of
North East, Erie County, Pennsylvania.
A building where lodging is provided for compensation for
five or more persons.
See "skin art."
A roofed structure which may or may not be enclosed by walls
for the shelter, housing or enclosure of persons, goods, animals,
or equipment.
The vertical distance from the average elevation at grade
level, to the highest point of the deck of a flat roof or a mansard
roof; or to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs.
Imaginary line parallel to or concentric with the nearest
road right-of-way line. No portion of a building foundation or wall
may extend nearer the lot line than the required front yard depth.
A building or portion thereof housing the main or primary
use of the land.
Any business activity which renders service to other commercial
or industrial enterprises, and realtors, insurance agents, and related
activities.
A place of religious instruction or public worship.
Any establishment where human patients are examined and treated
by physicians or dentists but not hospitalized overnight.
An establishment operated by an organization for social,
recreational, educational and fraternal purposes, but open only to
members and their guests and not the general public.
See "Planning Code."
A multiple-family dwelling, as defined herein, which devotes
at least the ground floor frontage to commercial use, or is a commercial
building with apartments.
The duly appointed Planning Commission of the Borough of
North East, Erie County, Pennsylvania.
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 the use or enjoyment of residents of the planned residential development,
not including streets, off-street parking areas and areas set for
public facilities.
A retail business with primary emphasis on quick purchases
from a limited variety of consumable goods, typically gasoline, snacks,
food and related sundries. These are usually located along high-traffic
roads and have extended business hours, with most products consumed
off the premises.
Erie County Department of Planning.
That percentage of the lot area covered by principal and
accessory use structures.
For the purpose of this chapter, day care facilities must
possess any required county or state permits or approvals, and are
defined as follows:
FAMILY DAY-CARE HOMEAny family residence other than a child's own home, operated for profit, or not for profit, in which child day care is provided at any time to four, five or six children who are not relatives of the caregiver as defined and regulated by the Commonwealth of Pennsylvania. (NOTE: Day care for children for three or fewer children is not regulated by this chapter.)
CHILD DAY-CARE CENTERThe premises in which care is provided at any one time for seven or more children unrelated to the operator as defined and regulated by the Commonwealth of Pennsylvania.
GROUP CHILD CARE HOMESA group child-care home is a facility in which seven to 12 children unrelated to the operator receive child care services.
That portion of a road which is paved, graded or improved
for travel by vehicles.
The area of a lot or group of lots computed exclusive of
any portion of the right-of-way of any road, divided by the number
of families housed on the lot or group of lots.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, used or intended to be used by one
or more persons living together and maintaining a common household
and accessible from the outdoors either directly or through an entrance
hall shared with other dwelling units.
A building arranged or used as a residence for two or more
families living independently of each other and doing their own cooking
therein, including apartment houses, flats, group houses, duplexes,
condominiums, townhouses, etc. All multiple-family dwellings shall
be constructed in accordance with the Pennsylvania Uniform Construction
Code.
A detached building arranged or used for occupancy by one
family on individual lots of record. All single-family dwellings shall
be constructed in accordance with the Pennsylvania Uniform Construction
Code.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for North East Borough,
Erie County, Pennsylvania.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication supply or disposal systems including
poles, wires, mains, drains, sewers, pipes, conduit equipment and
accessories in connection therewith; reasonably necessary for the
furnishing of adequate services by such public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare, but not including buildings.
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
The enclosed areas of a building designed and intended for
all season use of human inhabitants.
That portion of a building that has the sole purpose of transmitting
structural loads from the building into the earth and supports the
superstructure.
Premises where motor vehicles are serviced and repaired,
including engine overhaul and body work.
The duly elected Council of North East Borough, Erie County,
Pennsylvania.
A facility which provides services in a common household
to more than two individuals, not related by blood, marriage or adoption
who are in need of supervision due to a physical and/or mental handicap,
age, disability, violation of a penal law, and adjudication of delinquency,
and/or an addiction to drugs, and/or alcohol.
An administrative proceeding conducted by a Board pursuant to Article VII of this chapter.
Assembly, manufacturing, compounding, processing, packaging
or treatment uses which may produce or emit discernible dust, smoke,
toxic or noxious odors, glare, gases, fumes or noise levels onto neighboring
properties, but which shall be in compliance with U.S. Environmental
Protection Agency and Pennsylvania Department of Environmental Protection
standards and permit procedures.
Any occupation customarily carried on entirely within a dwelling
by the occupants thereof, which is clearly incidental and subordinate
to the use of the dwelling for dwelling purposes and which does not
change the residential character thereof or occupies no more than
25% of the floor area of the dwelling. See also "no-impact home-based
business."
Land or structure used for the collecting, storage, processing
and sale of scrap metal, scrapped, abandoned or junked motor vehicles,
machinery, equipment, wastepaper, glass, rags, containers, and other
discarded materials. It shall not include, however, refuse or garbage
kept in a proper container for the purpose of prompt disposal.
Assembly, manufacturing, compounding, processing, packaging,
or treatment uses which do not transmit (or may not produce) discernible
dust, smoke, toxic or noxious odors, glare, gases, fumes or noise
levels onto neighboring properties.
A portion of a lot usable for the standing, loading, or unloading of motor vehicles, and having a minimum dimension as provided in § 500-22 of this chapter.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any lot which individually or as a part of a subdivision
has been recorded in the office of the Erie County Recorder of Deeds.
A lot at the junction of and fronting on two or more intersecting
street rights-of-way.
A mean horizontal distance between the front and rear lot
lines.
The area of a lot computed exclusive of any portion of the
right-of-way of any public thoroughfare.
The mean width measure at right angles to its depth at the
building line.
A transportable, single-family dwelling, 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 unpacking and assembly operations,
and so constructed so that it can be used without a permanent foundation.
Mobile homes shall comply with the Pennsylvania Uniform Construction
Code.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the building thereon of a single mobile home.
A parcel of contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots.
Borough of North East, Erie County, Pennsylvania.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, 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 shall 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 shall 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.
A lot the area of dimension of which was lawful prior to
the adoption or amendment of the Zoning Ordinance, but which fails
to conform to the requirements of the zoning district which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in the
Zoning Ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reasons of annexation. Such nonconforming structures
included, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in the Zoning Ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
See "day-care facility."
A facility that provides long-term nursing care including
assistance with daily activities and meals, and is licensed as such
by the Commonwealth of Pennsylvania, Department of Health.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours, for four
or more adults who are not relatives of the operator, who do not require
the services in, or of, a licensed long-term facility, but who do
require assistance or supervision in activities of daily living or
instrumental activities of daily living. The facilities must be licensed
by the Commonwealth of Pennsylvania, Department of Welfare.
Any enterprise which primarily offers personal services to
the general public, such as valet services, barber shops, beauty parlors,
tutoring, shoe and clothes repair, real estate or insurance agent.
An area of land, controlled by a landowner to be developed
as a single entity for a number of dwelling units or combination of
residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage, and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter. A "planned residential development"
includes a mobile home park.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968,[2] as reenacted and amended.
The use of offices and related spaces for professional services
such as are provided by licensed physicians, dentists, lawyers, architects,
engineers, surveyors or accountants.
Includes parks, playgrounds, trails, paths, and other recreational
areas and other public areas, and sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities and
publicly owned or operated scenic and historic sites.
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 meeting.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy, and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
An establishment open to the public where existing personal
property is repaired for a charge, in which establishment also offers
like items which are refurbished for sale.
Any enterprise which primarily offers products for sale to
the general public.
The primary sales of and minor assembly manufacturing, compounding,
processing, packaging, treatment or distribution of: such products
as bakery goods, candy cosmetics, beverages, pharmaceuticals, and
toiletries; products developed at an electrical, plumbing heating,
printing carpentry, art and craft or welding shop; laundry or dry-cleaning
service; or newspaper company or publishing plant.
The entire dedicated right-of-way of a public or private
street or highway.
A dwelling unit in which, for compensation, lodging and sometimes
meals are provided to individuals that are not family members.
Any structure or device to attract attention by words or
graphic display. The term "sign" shall not apply to a religious symbol,
bearing no lettering, when applied to a place of worship.
Skin art is a use that involves the practice of tattooing
and/or body piercing and possesses a current license, for same, from
the Erie County Department of Health.
A use permitted in a particular zoning district which the
Zoning Hearing Board is permitted to authorize in specific instances
pursuant to the provisions of this chapter.
A retail place of business engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. These may include sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items, washing and lubrication services, the performance
of automotive maintenance and repair; and the supplying of other incidental
customer services and products.
The 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, the space between such floor and the ceiling
above it. See also "basement."
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
For the purpose of this chapter, regulations on swimming
pools shall only be applied to those that have a water depth of 20
inches or more and an area of 50 square feet or more.
See "skin art."
See "bed-and-breakfast (homestead or inn)."
A mobile vehicle, with wheels, designed for overnight occupancy
or camping purposes, capable of being towed by a passenger vehicle
and having an overall length of less than 25 feet and an overall width
of less than eight feet. A travel trailer shall not be used for dwelling
purposes.
A facility designed to accommodate the service, repair and
storage of trucks and other motorized equipment, and which may incidentally
provide warehousing activities, and supporting office and clerical
activity.
The Pennsylvania Uniform Construction Code.
A departure from the strict letter of the ordinance as it
applies to specific properties as authorized by the Zoning Hearing
Board.
Any open space located on the same lot with a building, unoccupied
by structures, except for accessory buildings, or such projections
as are expressly permitted by this chapter. The minimum depth or width
of a yard shall consist of the horizontal distance between the lot
line or road right-of-way line and the nearest point of the foundation
wall of the main building.
An open space extending the full width of the lot between
the building and the rear lot line.
An open space extending the full width of the lot between
the building and the road right-of-way line.
An open space extending from the front yard to the rear yard
between the building and the nearest side lot line.
The written authorization issued by the Zoning Officer, for
the use of land or structures.
The map containing the Zoning Districts of the Borough of
North East, Erie County, PA, together with all amendments subsequently
adopted.
The Zoning Officer or his authorized representatives, appointed
by North East Borough Council, Erie County, Pennsylvania, who may
not hold any elective office in the Borough.
The following words and phrases when used in Article VII of this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this act to do, either by reason of
the grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
the county and judicial district wherein the municipality lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following: 1) the Borough Council; 2) the Zoning Hearing
Board; or 3) the Planning Commission, only if and to the extent the
planning agency is charged with final decision on preliminary or final
plans under the Subdivision and Land Development Ordinance[1] or planned residential development provisions. Determinations
shall be appealable only to the Boards designated as having jurisdiction
for such appeal.
An administrative proceeding conducted by a board pursuant
to § 909.1 of the Pennsylvania Municipalities Planning Code.[2]
Any letter, review, memorandum, compilation, or similar writing
made by any body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties prior to any proceeding upon
request, and copies thereof shall be provided at cost of reproduction.
