Words used in the present tense include the future; the singular
includes the plural and the plural the singular; the word "shall"
is always mandatory; the word "may" is always permissive; the terms
"occupied" or "used" as applied to any buildings shall be construed
to be followed by the words "or intended, arranged or designed to
be occupied or used." The masculine shall include the feminine and
the neuter. Any word or term not defined herein shall be used with
a meaning of standard usage.
Unless otherwise expressly stated in this chapter, the following
words and phrases shall be construed throughout this chapter to have
the meanings herein indicated:
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed with this
commonwealth pursuant to the Medical Marijuana Act.[1]
[Added 11-20-2018 by Ord.
No. 1099]
A paved drive within a property for purposes of accessing
parking or loading areas.
[Added 8-19-2014 by Ord. No. 1035]
A building, such as a shed, gazebo or a detached garage,
which is an accessory to the main building or residence.
[Added 8-19-2014 by Ord. No. 1035]
A structure, such as a pergola, freestanding solar panel(s),
basketball court with pole and backboard, or other similar structure
which is an accessory to the main building or residence.
[Added 8-19-2014 by Ord. No. 1035]
A use which is an accessory to the main use of a building
or property, such as a retail sales area in a restaurant.
[Added 8-19-2014 by Ord. No. 1035]
See "adult-oriented use."[2]
A structured program that provides a variety of health, social,
and related support services to older adults and adults with disabilities
in a protected setting during any part of the day, but less than 24
hours. This use shall not include persons who need oversight because
of behavior that is criminal or violent.
Any adult bookstore, adult cabaret, or adult mini-motion-picture
theater, as defined herein, and which, under the Pennsylvania Obscenity
Code,[3] must exclude minors or may not knowingly disseminate to
minors.
ADULT BOOKSTOREAn establishment, having as a substantial or significant portion of its stock-in-trade (for sale or rental), books magazines or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.
ADULT CABARETA cabaret, tavern, theater, or club which features strippers, male or female, impersonators or similar entertainers who exhibit, display, or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons within private viewing booths and/or by use of token or coin-operated projectors or other video machines.
ADULT THEATERAny business, indoor or outdoor, which exhibits a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
See "adult-oriented use."
See "adult-oriented use."
Any person, other than the developer, who, acting for the
developer, with written authorization of the developer, submits plans
to the Building or Zoning Official, the Borough Planning Commission
or the Borough Council.
A service street providing a secondary means of public access
to the rear of abutting property and not intended for general traffic
circulation.
Any change or revision of the text of this chapter or the
Zoning Map.
See "curative amendment."
An establishment where electronic and/or mechanical coin-operated
devices, including but not limited to pinball machines, electronically
operated shuffle boards, bowling, video games, electronically operated
tennis, billiards and other games of amusement are provided.
The depiction of male genitals in a discernibly turgid state,
whether uncovered or completely and opaquely covered.
A room or suite of rooms designed as a separate dwelling
unit and generally located within a building that may contain other
apartments or use(s) as allowed under this chapter.
A multifamily residential structure (not including single-family
attached dwellings) with a maximum height of three stories containing
two or more dwelling units.
A multifamily residential structure having a minimum height
of four stories and a maximum height of six stories.
A landowner, or developer, as hereinafter defined, who has
filed an application for development, including his heirs, representatives,
successors, and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The individual or body who is authorized by law, ordinance
or charter to make appointments to the boards, commissions or agencies
or to appoint employees pursuant to this chapter.
The office, studio and/or gallery of an artist, photographer
or musician where personal services such as lessons or portraits are
provided or where the products of such services are displayed for
sale.
See "personal care home."
A retail sales store for baked goods, including those with
on-site baking facilities.
An institution for receiving, lending, exchanging, and safeguarding
money, and in some cases issuing notes and transacting other financial
business. Includes savings and loans, finance companies, credit unions
and other similar enterprises.
A story partly underground, but having 1/2 or more of its
height (measured from floor to ceiling) above the average level of
the adjoining ground. A basement shall be counted as a story for the
purpose of height measurement or determining square footage only if
the vertical distance between the ceiling and the average level of
the adjoining ground is more than five feet, or is used for business
or as a dwelling unit.
Any structure or equipment at a fixed location that enables
FCC-licensed or authorized communications between user equipment and
a communications network. Includes structures other than towers that
support or house an antenna, transceiver, or other associated equipment
that constitutes part of a "base station" at the time the relevant
application is files with the state or municipal authorities, even
if the structure was not built for the sole or primary purpose of
providing such support, but does not include structures that do not
at the time support or house base station components. The term includes
buildings, light poles, utility poles, water towers, etc., as well
as DAS systems and small cells.
[Added 1-24-2017 by Ord. No. 1067]
An owner-occupied dwelling in which a room or rooms are rented
on a nightly basis for periods of not more than 30 days. Meals may
or may not be provided.
A room or group of rooms in a bed-and-breakfast inn forming
a single habitable unit used or intended to be used for living and
sleeping, but not cooking or eating purposes.
See "sign, off-premises."
A dwelling or part thereof where meals and lodgings are provided
for compensation for at least two but not more than six persons not
transients and where no public restaurant is maintained.
Physical body adornment using, but not limited to the following:
body piercing, tattooing, cosmetic tattooing, branding, and scarification.
This definition does not include practices that are considered medical
procedures. This definition shall not include the piercing of the
ears.
A location, place, or business, whether public or private,
where the practices of body art are performed whether for profit or
not for profit. This definition includes facilities commonly referred
to as a "tattoo parlor."
See "adult-oriented use."
The Borough of West Reading, Berks County, Pennsylvania.
The Borough Council of the Borough of West Reading, Berks
County, Pennsylvania.
A line marking the limit, or border, of a lot or district.
See "zoning district boundary."
The area of a lot remaining after the minimum yard areas
and open space requirements have been met.
Any structure having a roof supported by columns, piers or
walls, including storage sheds, or having other support and any unroofed
platform, terrace or porch having a vertical face higher than three
feet above the level of the ground from which the height of the building
is measured.
The aggregate of the ground-level floor areas of all enclosed
and roofed spaces of the primary building and all accessory buildings.
Such areas shall be computed by using outside building dimensions
measured on a horizontal plane at ground level. The term "building
footprint" is synonymous with this definition.
[Amended 11-20-2018 by Ord. No. 1099]
The amount of a lot covered by principal and accessory buildings.
When this coverage is shown as a maximum allowable figure for any
lot, it is usually expressed as a percentage.
Land and structures which are used for the sale, storage,
loading, and unloading of building, lumber, and millwork materials.
A change or rearrangement in the load-bearing and non-load-bearing
structural members, resulting in the extension of any side or the
increase in height. The moving of the building or structure from one
location or position to another or the conversion of one use to another
by virtue of interior change shall also constitute an alteration of
a building, as does any increase or decrease in building area.
An open roofed structure used as a shield or protection from
inclement weather conditions by persons awaiting a bus. This shall
include only those structures utilized by a school district or transportation
authority.
See "adult-oriented use."
See "motor vehicle washing facility."
A long-term facility or distinct part of a facility licensed
or approved as a nursing home, infirmary unit of a home for the aged,
or a governmental medical institution. Group care facilities and family
care facilities are excluded from this definition.
A facility that provides, on a regular basis, personal care,
including dressing and eating and health-related care and services,
to individuals who require such assistance but do not require the
degree or length of care and treatment that a hospital or a long-term
care facility provides. Group care facilities and family care facilities
are excluded from this definition.
An institution or part of an institution that is licensed
or approved to provide health care under medical supervision for 24
consecutive hours or to two or more patients. Group care facilities
and family care facilities are excluded from this definition.
A Pennsylvania state registered medical marijuana individual
designated by a patient to deliver medical marijuana as permitted
by the Medical Marijuana Act.[4]
[Added 11-20-2018 by Ord.
No. 1099]
The paved area of a public street, typically between the
raised curbs.
[Amended 8-19-2014 by Ord. No. 1035]
An establishment that prepares and delivers foods, beverages
and may provide service personnel for specific occasions and events
at other locations. This definition does not include establishments
that prepare "takeout" foods.
[5]Part of a story, partly underground, and having more than
1/2 of its height (measured from floor to ceiling) below the average
level of the adjoining ground. A cellar shall not be considered a
story in determining the permissible number of units.
A tract of land designated for the interment of human remains.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth pursuant
to the Medical Marijuana Act.[6]
[Added 11-20-2018 by Ord.
No. 1099]
An appeal brought by a party aggrieved by any regulation
on the grounds that the regulation in question prevents the reasonable
use of property in which there is an interest or downgrades the value
of such property.
See "bank."
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients are not lodged overnight.
See "membership club."
Any establishment that provides laundry cleaning services
for hotels, hospitals, restaurants and other large operations.
Any vehicle other than a passenger car, station wagon, motorcycle
or similar vehicle, and pickup or other truck less than 80 inches
in width, 196 inches in length and gross vehicle weight range of 10,000
pounds, and any vehicle which requires a commercial drivers' license
to operate. Construction or other similar vehicles or equipment not
designed and intended for passenger use or for on-the-road hauling
shall be deemed commercial motor vehicles.[7]
The Commonwealth of Pennsylvania.
[Added 11-20-2018 by Ord.
No. 1099]
A building or group of public buildings for the social, cultural,
recreational and educational activities of a neighborhood or entire
community.
Borough of West Reading maps, charts and descriptive matter
officially adopted by the Borough showing, among other things, recommendations
for the most appropriate use of land; for the most desirable density
of population; for a system of thoroughfares, parkways, and recreation
areas for the general location and extent of facilities for water,
sewer, lights and power; for the general location, character and extent
of community facilities.
Maps, charts and descriptive matter officially adopted by
Berks County showing, among other things, recommendations for the
most appropriate use of land; for the most desirable density of population;
for a system of thoroughfares, parkways, and recreation areas for
the general location and extent of facilities for water, sewer, lights
and power; for the general location, character and extent of community
facilities.
A use permitted in a particular zoning district by the Borough pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
Stores that offer for sale primarily packaged and "quick
service" food products, and are designed to offer greater convenience
than larger supermarket/grocery stores.
[Added 1-25-2022 by Ord. No. 1147; amended 5-18-2022 by Ord. No. 1152]
An unobstructed open area, bounded on three or more sides
by the walls of a building or buildings with one or more windows opening
upon it.
A building fitted with the proper appliances for the purposes
of the cremation of human remains and includes everything incidental
or ancillary thereto as an accessory use to a funeral home.
A building and/or land open to the public which contains
exhibits of a cultural interest, such as a museum, nature study area,
etc., but not adult-oriented uses.
A proposed zoning amendment made to the Borough Council by
any persons aggrieved by a use or development permitted on the land
of another by an ordinance or map, or any provision thereof, who desires
to challenge its validity on substantive grounds.
A proposed zoning amendment made to the Borough Council by
any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which the landowner has an interest.
A proposed zoning amendment made by the Borough Council to
correct any part or portions of the Zoning Ordinance which the Borough
has determined to be substantially invalid.
A raised concrete or stone border which separates the street
cartway from the planting strip and/or remainder of the street right-of-way.
[Added 8-19-2014 by Ord. No. 1035]
A business providing dance lessons for individuals or groups
of people. For the purposes of this chapter, this use shall be classified
as a "personal service establishment."
Any premises in which child day care is provided simultaneously
for six or more children who are not relatives of the operator and
which complies with all laws, rules, ordinances and regulations of
the Commonwealth of Pennsylvania, the Borough, and all other governmental
entities of whatsoever nature having authority or jurisdiction with
respect thereto. Nursery schools are deemed to be day-care centers.
Any premises in which child day care is provided simultaneously
for less than six children who are not relatives of the operator and
which complies with all laws, rules, ordinances and regulations of
the Commonwealth of Pennsylvania, the Borough, and all other governmental
entities of whatsoever nature having authority or jurisdiction with
respect thereto. The following types of day care are permitted without
regulation by this chapter:
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, 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 Borough
lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough;
The Zoning Hearing Board; or
The Borough Planning Commission, only if and to the extent the
Borough Planning Commission is charged with final decision on preliminary
or final plans under the subdivision and land development or planned
residential development ordinances. Determinations shall be appealable
only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 1-24-2017 by Ord. No. 1067]
An open area, usually part of an existing paved surface,
which contains one or more donation or collection containers.
A structure, usually enclosed on at least three sides, often
with a small door or opening providing access to its interior, intended
mostly as a receptacle for the depositing of secondhand clothing,
household goods, and furnishings.
An establishment or activity where patrons are served with
food, soft drinks, ice cream and similar confections or where patrons
are provided with professional or personal services for consumption
outside the confines of the primary building or in vehicles parked
upon the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for the patrons. Drive-in
theaters shall not be included.
[Amended 11-20-2018 by Ord. No. 1099]
A building containing two dwelling units, one of which is
located above the other.
A building containing one dwelling unit which is attached
to two or more similar units by common vertical walls.
Dwelling unit in a building or group of buildings containing
three or more dwelling units in low-rise, garden, mid-rise, or high-rise
apartments.
A building containing one dwelling unit and is not attached
to any other dwelling by any means.
A building containing two dwelling units which are attached
side by side by use of a common wall.
One or more rooms designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sanitary, and sleeping
facilities provided.
A single-family detached dwelling unit manufactured in two
or more sections designed for permanent occupancy and transported
to a building site in sections which are fastened together and mounted
on a permanent foundation ready for occupancy except for minor and
incidental unpacking and assembly operation. For the purposes of this
chapter, modular or sectional dwelling units include prefabricated
and other similar types, but mobile homes and travel trailers are
not considered as modular or sectional dwelling units. For purposes
of this chapter, modular or sectional dwelling units may be single-family
detached, single-family attached or multifamily dwellings.
A retail establishment selling food and drink for consumption
on or off the premises, including restaurants and establishments that
sell alcoholic beverages as a primary or substantial portion of the
total trade (see "tavern"). Adult-oriented uses are excluded from
this definition, as are any uses meeting the definition of a "nightclub."
See "school."
A dwelling unit providing a sleeping area in combination
with one or more other living areas within the dwelling unit, the
total area of which contains at least 400 square feet of habitable
floor area.
A condition that:
[Added 1-24-2017 by Ord. No. 1067]
The duly appointed and licensed engineer of the Borough.
The engineering criteria of the Borough regulating the installation
of any improvement or facility.
The total wall surface, including window and door areas,
of a building facing a public street or an access drive available
to the public.
[Amended 8-19-2014 by Ord. No. 1035]
The surface of the building facing a main public street and
housing the main public entrance to the building.
[Added 8-19-2014 by Ord. No. 1035]
The surface of the building that is opposite the front facade.
[Added 8-19-2014 by Ord. No. 1035]
The surface of the building that extends from the front facade
to the rear facade.
[Added 8-19-2014 by Ord. No. 1035]
One or more persons who are related by blood, marriage, or
adoption and who reside together; or no more than four persons who
are not related by blood, marriage, or adoption and who live together
and share household expenses; who share kitchen facilities and dine
together regularly; who may and/or do participate in all activities
occurring on the premises; and who have access to all areas of the
premises. This does not include, however, family care facilities,
group care facilities, or correctional, penal, therapeutic, or other
institutional facilities for treatment and/or rehabilitation.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for six or fewer residents,
plus such minimum supervisory personnel as may be required to meet
standards of the licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
of physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A family care facility must be licensed and/or approved by the Pennsylvania
Department of Public Welfare and may include uses such as foster homes,
community residential alternative facilities, or home individual programs.
Recent Federal Communication Commission Rules, effective April 8, 2015, which regulate both traditional telecommunication towers as well as distributed antenna systems and other small cells. Applicable rules reflected in the requirements as set forth in Part 4, Article XXIII, of the Borough Zoning Ordinance relate to FCC Rules 47 U.S.C. § 1455(a) [also known as § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012] and 47 U.S.C. § 332(c)(7).
[Added 1-24-2017 by Ord. No. 1067]
A natural vegetation or artificially constructed barrier
of wood, masonry, stone, wire, metal or other manufactured material
or combination of materials erected.
A piece of cloth containing distinctive colors, usually with
a pattern or design, generally oblong or square in shape, attached
to a pole or staff, and often used as a symbol of a government, political
subdivision, or other entity.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy. Said
areas shall be measured between the inside face of exterior walls.
The minimum required floor area of a dwelling unit which
is enclosed and usable for human occupancy. Said areas shall be measured
from the inside face of all walls and shall not include areas not
normally used as dwelling spaces such as cellars, garages, air shafts,
plumbing shafts and mechanical equipment rooms.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A building designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended
for the preparation of human remains for interment or cremation.
Buildings and premises where gasoline, oil, grease, batteries,
tires and automobile accessories, or any combination thereof, are
sold at retail and normal mechanical repairs are conducted, but not
including body work, painting, spraying or welding or storage of automobiles
not in operating condition and not on the premises for normal mechanical
repairs.
Municipal, county, state, or federal government building
or facility designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments,
excluding clinics.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than six residents,
plus such minimum supervisory personnel, as may be required to meet
standards of the licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
or physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A group care facility must be licensed and/or approved by the Pennsylvania
Department of Public Welfare.
A residence for inmates on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive
custodial confinement, wherein supervision, rehabilitation, and counseling
are provided to mainstream residents back into society, enabling them
to live independently. Such facility must be leased and operated by
the Pennsylvania Department of Corrections for such services.
An administrative proceeding conducted by a board pursuant
to Section 909.1 of the Pennsylvania Municipalities Planning Code.[8]
The vertical distance of a structure measured from the average
elevation of the ground surrounding the structure to its highest point.
The vertical distance measured from the average elevation
of the proposed finished grades at the front of the building to the
highest point on the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridges for gable,
hip, and gambrel roofs; provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of the building not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
See also "dimensional standards."
See "no-impact home-based business."
Any institution receiving inpatients and rendering medical,
surgical and/or obstetrical care. This shall include general hospitals
and institutions in which service is limited to special fields such
as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin
and cancer, mental, tuberculosis, chronic disease and obstetrics.
The term "hospital" shall also include sanitariums and sanatoriums
including those wherein mentally disabled patients, epileptics, alcoholics,
senile psychotics or drug addicts are treated or cared for.
A building or group of buildings designed clearly as a transient
abiding place containing individual rooms for rent for periods of
time not exceeding 30 days, for transient guests, with common hallways
for all rooms on the same floor and where no provision is made for
cooking facilities in any room or suite of rooms. Such establishment
furnishes to the guests customary hotel amenities such as maid service
and the furnishing and laundering of linen. Eating and drinking facilities
may be accessory uses. Such establishment may include additional services,
such as meeting rooms, recreational facilities, and entertainment.[9]
Any material that prevents absorption of stormwater into
the ground. Impervious surface includes, but is not limited to, any
roof, parking or driveway area, and any new streets and sidewalks.
Any surface areas designed to be gravel or crushed stone shall be
assumed to be impervious surface.
[Amended 11-20-2018 by Ord. No. 1099]
Building or part of a building devoted to the showing of
motion pictures or for dramatic, dance, musical, or other live performances.
Any discarded, unusable, scrap or abandoned man-made or man-processed
materials or articles including, but not limited to metal, furniture,
appliances, abandoned or junked motor vehicles, machinery, equipment,
plastics, paper, glass containers, building materials, and the like.
Any place where discarded materials or articles including,
but not limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, paper, glass containers and structures
are stored, disposed of, or accumulated.
Any property, including buildings or structures thereon,
where five or more non-farm animals or domesticated pets over the
age of 12 weeks, are kept or maintained for boarding, grooming, breeding,
training, showing, selling or exchange to other individuals.
NOISE CONTROLAnimals shall be kept indoors from 10:00 p.m. until 7:00 a.m. unless they are being walked on a leash by personnel of the kennel. Animals shall not be allowed free overnight access to exterior fenced areas.
ODOR CONTROLThe facility shall comply with the provisions of the Pennsylvania Environmental Protection Standards (§ 390.35).
RODENT CONTROLThe facility shall be kept rodent-free, and shall comply with the requirements of the Borough's Property Maintenance Code.[11]
ANIMAL WASTEAnimal waste shall be collected and properly disposed of daily.
EXTERIOR EXERCISE AREAThe exterior exercise areas shall be completely enclosed with a six-foot high fence. The fence gate(s) shall be locked at all times. The fenced area shall not encroach into any required yard areas (i.e., front, side or rear yards) of the property on which the kennel is located.
A facility engaged in the research and testing of products,
materials, persons, animals, or specimens within a completely enclosed
building or structure.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices
or of a new product, and uses accessory thereto.
Any of the following activities:
The improvement of one lot, or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing primary building; or
[Amended 11-20-2018 by Ord. No. 1099]
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
A self-service laundry where coin-operated washing machines
are available to individual customers.
A parcel of land used or set aside and available for use
as the site of one or more buildings and building accessories thereto
or for any other purpose, in one ownership and not divided by a street,
not including any land within the limits of a public or private way
upon which said lot abuts, even if the ownership to such way is in
the owner of the lot. A lot, for the purpose of this chapter, may
or may not coincide with a lot of record. At times, lots may be divided
by a street or road, but are described by one deed.
An area of land which is determined by the limits of the
property lines bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in calculating lot area.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at the points beginning with the lot or at the points
of intersection of the side lot lines with the street right-of-way
lines intersect at an interior angle of less than 135°.
The percentage of a lot covered by all hardscape surfaces
such as buildings, paved or gravel parking areas, paved walks, and
other similar surfaces. For the purposes of this definition, such
materials such as pervious paving and porous pavers shall be included
as a hardscape material and subject to this coverage limit.
[Amended 7-16-2019 by Ord. No. 1113]
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
A property line or portion thereof which is coexistent with
a street line. In the case of a street of undefined width, said property
line shall be assumed to parallel the center line of the street at
a distance of not less than 28 1/2 feet therefrom.
A lot other than a corner lot.
A line forming the front, rear or sides of lots or parcels
of property as described in the recorded title.[12]
A line separating the lot from a street right-of-way. The
front lot line and the street right-of-way line are the same line.
[Added 8-19-2014 by Ord. No. 1035]
Any lot line which is parallel to or within 45° of being
parallel to a street line, except for a lot line that is itself a
street line, and except that only in the case of a corner lot, the
owner shall have the option of choosing which of the two lot lines
that are not street lines is to be considered a rear lot line. In
the case of a lot having no street frontage or a lot of an odd shape,
only the one lot line furthest from any street shall be considered
a rear lot line.
Any lot line not a front lot line nor a rear lot line.
A lot of record existing at the date of passage of this chapter
or, due to subsequent zoning changes, which does not have the minimum
width or contain the minimum area for the zone in which it is located.
A lot having its front and rear yards each abutting on a
street as defined herein. The front yard regulations of the zone in
which such lot is located shall apply to both frontages. Furthermore,
no garage or other outbuilding shall be placed closer to the rear
street line than the required front yard regulations of the subject
zone.
The distance between straight lines connecting the ends of
the front and rear lot lines measured at the required building setback
lines.
A factory-built, single-family structure that meets the National
Manufactured Home Construction and Safety Standards Act.
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Marijuana for certified medical use as set forth under the
Medical Marijuana Act, Pennsylvania Act 16.[13]
[Added 11-20-2018 by Ord.
No. 1099]
The Medical Marijuana Act, Pennsylvania Act 16 as adopted
April 17, 2016.
[Added 11-20-2018 by Ord.
No. 1099]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health under
PA Act 16, to dispense medical marijuana. The term does not include
a health care medical marijuana organization under the Medical Marijuana
Act, Pennsylvania Act 16, which has been separately approved by the
Department to dispense or grow and process in accordance with a research
study pursuant to Chapter 19 of the Medical Marijuana Act.
[Added 11-20-2018 by Ord.
No. 1099]
A person, including natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health under
PA Act 16, to grow and process medical marijuana. The term does not
include a health care medical marijuana organization under the Medical
Marijuana Act, Pennsylvania Act 16.
[Added 11-20-2018 by Ord.
No. 1099]
A dispensary or a grower/processor as permitted under the
Medical Marijuana Act, Pennsylvania Act 16. The term does not include
a health care medical marijuana organization under Act 16.
[Added 11-20-2018 by Ord.
No. 1099]
An area of land or building owned, leased or occupied by
an association of persons, operated solely for a recreational, social,
fraternal, political or athletic purpose and whose activities are
confined to the members and guests and are not extended to the general
public. The definition of "membership club" shall not include an eating
or drinking place or nightclub unless an eating or drinking place
or nightclub is also permitted in that district. Adult-oriented uses
are excluded from this definition.
[Amended 11-20-2018 by Ord. No. 1099]
The development of a tract of land, building, or structure
with a variety of complementary and integrated uses, including but
not limited to residential, retail, office, governmental, public,
and entertainment, in a compact urban form.
See "manufactured home."
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvements, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 1-24-2017 by Ord. No. 1067]
A WCF which consists of a single-pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connecting appurtenances.
[Added 1-24-2017 by Ord. No. 1067]
An establishment providing sleeping accommodations for transient
guests for periods not exceeding 30 days, with the majority of rooms
having direct access to the outside without passing through a main
lobby.[14]
Any building or premises in which the maintenance, servicing,
or repairing of motor vehicles is conducted.
Any building, land area, or other premises used for the display
and sale of new and used motor vehicles. It may include any preparation
or repair work to such vehicles conducted clearly as an accessory
use.
Any building or premises or portions thereof used for washing
motor vehicles.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended.[15]
An establishment where collections of natural, artistic,
historical, scientific, or other objects of permanent value are kept
and displayed. Also see "cultural center."
A structure, usually less than 100 square feet, from which
newspapers, magazines, and similar printed material are sold.
A self-service, coin-operated dispenser installed, used,
or maintained for the display and sale of newspapers.
A tavern or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages and
may charge admission or cover charges for live entertainment or music
for dancing and which has a capacity of more than 100 persons for
such entertainment or dancing. Adult-oriented uses are excluded from
this definition.
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, which business or commercial activity otherwise satisfies
the requirements of this chapter.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment. See also "lot, nonconforming."
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter or amendment theretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason or annexation.
Any nonconforming lot, structure, or use of land.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
An establishment engaged in the growing of trees (for transplanting),
ornamentals, shrubs, flowers or houseplants for any commercial purpose.
Establishment providing nursing, dietary and other similar
personal services to convalescents, invalids or aged persons, but
excluding mental cases, cases of contagious or communicable disease,
surgery or other treatments which are customarily provided in sanitariums
and hospitals. The facility must be inspected and licensed by the
Pennsylvania Department of Health. Group care facilities and family
care facilities are excluded from this definition.
Section 5903, Title 18, Pennsylvania Consolidated Statutes,
as amended.
A room, group of rooms, or building in which services are
performed involving the functions of a business, profession, service,
or industry.
A map, adopted by the Borough, showing the exact location
of the lines of existing and proposed public streets, watercourses,
and public grounds, including widenings, narrowings, extensions, diminutions,
openings, or closings of the same.
An agency appointed by the Borough Council to review certain
proposals which are ordinarily among the duties of the Borough Council.
The official review agency in the Borough is the Borough Planning
Commission. When serving in the function of "official review agency,"
the Borough Planning Commission handles all procedural steps except
final approval, which is the responsibility of Borough Council.
An unoccupied area open to the sky, usually in a natural
state but including squares, plazas, and formal gardens. Also, the
unoccupied area open to the sky on the same lot with a principal and/or
accessory building.
A parcel of land used solely as:
An independent off-street motor vehicle parking business for
profit; or
As part of the operation of an adjacent or nearby business (or
businesses) where the storage of motor vehicles is permitted (for
short periods of time for the public, with or without regard to whether
or not a fee is charged therefor).
A parcel of land used for off-street temporary placement
and storage of motor vehicles by a select or restricted group of individuals
with the permission of the owner without a fee or charge and intended
to facilitate and complement the operation of legally operated businesses
or residential quarters located on the same or contiguous property
by providing off-street parking facilities for the patrons of the
businesses or the occupiers of the residential quarters.
A stall or berth used for parking motor vehicles, the area
of which is not less than 180 square feet exclusive of a street or
alley and to which there is access from a street or alley.
A place where transfer between modes of transportation takes
place.
A business which offers secured loans to people, with items
of personal property used as collateral, and also sells items that
have been sold outright to them by customers.
A long, narrow, triangular or tapered flag of lightweight
plastic, fabric, or other material suspended from a rope, wire, or
string, usually in a series, designed to move in the wind.
Act of July 31, 1968, P.L. 805, No. 247, as amended.[16]
A document issued by the proper authority of the Borough
authorizing an applicant to undertake certain activities, as further
defined below:
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy certificate as may be required under the terms of this chapter.
OCCUPANCY CERTIFICATEA certificate issued upon completion of the construction of a structure, or changes in use of structure or parcel of land indicating that the premises comply with the provisions of the ordinance and may be used for the purposes set forth in the occupancy certificate.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board and authorizing an applicant to proceed with said use, building or structure.
An individual, partnership, corporation, or other legally
recognized entity.
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 care facility, but who
do require assistance or supervision in activities of daily living
or instrumental activities of daily living. The term includes a premises
that has held or presently holds itself out as a personal care home
and provides food and shelter to four or more adults who need personal
care services, but who are not receiving the services. The facility
must be inspected and licensed by the Pennsylvania Department of Public
Welfare. The facility may also be referred as an "assisted-living
facility." The use shall not include persons who need oversight because
of behavior that is criminal or violent, and does not include facilities
for drug and alcohol treatment. Group care facilities and family care
facilities are excluded from this definition.
A generation of wireless-phone technology that combines a
range of features and services surpassing those available in analog
and digital cellular phone systems, providing a user with an all-in-one
wireless phone, paging, messaging, and data service.
[Added 1-24-2017 by Ord. No. 1067]
A business that is engaged primarily in providing services
involving the care of a person and his/her goods or apparel. These
establishments may include but are not limited to laundries, laundromats,
dry cleaners, beauty shops, barbershops, nail salons, tanning salons,
shoe repair shops, therapeutic massage establishments, dance studios
and health and fitness establishments. Adult massage establishments
are not included in this definition.
Any material that permits full or partial absorption of stormwater
into the ground.
Any property, including buildings or structures thereon,
where pet owners bring their pets for time periods less than 12 hours
for the purposes of interaction and/or play with other patrons' pets.
There shall be no holding or boarding of pets overnight in this establishment.
A building or group of buildings, including customary accessory
buildings, designed or intended for the conducting of religious services.
This shall include churches, synagogues, chapels, cathedrals, temples,
mosques, and similar designations, as well as parish houses, convents,
and related accessory uses, but does not include schools, recreation
facilities, or dormitories.
[Amended 11-20-2018 by Ord. No. 1099]
A totally planned commercial development on contiguous land
under single ownership or control intended and planned to primarily
serve the daily and convenient shopping and personal needs of nearby
residential areas.
That area which lies within the street right-of-way between
the curb and sidewalk. It is usually planted in grass and may contain
street trees.
Any body of water in a constructed receptacle, whether located
indoors or outdoors, for the purposes of landscaping or decoration.
Indoor and outdoor fountains and the associated reservoirs are considered
ponds for the purposes of this chapter. Ponds shall not be utilized
for swimming or bathing purposes for persons or their pets or animals.
Residential ponds are those created on the property of a single-family
residence, a duplex or a row home or townhouse. Commercial ponds are
those located on the property of a commercial establishment, on the
property of an apartment complex, or on the property of any use other
than those noted under the residential pond classification. Ponds
shall comply with the setback requirements for accessory structures
for the side and rear yards, and shall be permitted in front yard
area, providing the pond complies with the front yard, side yard and
right-of-way setbacks.
The primary use or purpose of which a building, structure,
and/or land, or major portion thereof, is designed, arranged or intended,
or for which it may be occupied or maintained, under this chapter.
Only one primary or main use shall be permitted on a single lot unless
otherwise provided for in this chapter.
[Amended 11-20-2018 by Ord. No. 1099]
A paved, concrete or otherwise hard walking surface located
within lot lines and outside of a street right-of-way.
[Added 8-19-2014 by Ord. No. 1035]
A doctor, surgeon, dentist, psychiatrist, psychologist, chiropractor
or licensed professional person offering similar medical care; optician,
architect, artist, accountant, insurance agent, real estate broker,
teacher, engineer, lawyer, musician, surveyor, landscape architect,
land planner, systems analyst, computer programmer or other similar
uses as determined by the Zoning Officer.
See "lot line" and "lot line, front."
[Added 8-19-2014 by Ord. No. 1035]
Includes:
An informal meeting held pursuant to public notice by the
Borough or the Borough Planning Commission, intended to inform and
obtain public comment, prior to taking action in accordance with this
chapter. This includes formal hearings of the Zoning Hearing Board
and, in the case of certain curative amendments and conditional uses,
of Borough Council.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (October 15, 1998, P.L. 729, No. 93), known as the "Sunshine
Act."[17]
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.
A paved, concrete or otherwise hard walking surface along
a public street that is located within the street right-of-way.
[Added 8-19-2014 by Ord. No. 1035]
Hydroelectric and electric lines, power plants and electric
substations, pumping and boating stations, pipelines, sewage treatment
plants, water plants and other similar facilities necessary to serve
demonstrated public needs.
A use operated by a nonprofit, religious or education institution
and providing educational, cultural, recreational, religious or other
similar public services or programs.
[Added 11-20-2018 by Ord.
No. 1099]
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use. "Recreational vehicles or units" include travel
trailers, truck-mounted campers, motor homes, folding tent campers
and autos, buses or trucks adapted for vacation use and other vehicles
not suitable for daily conventional family transportation. Snowmobiles,
mini-bikes, all-terrain vehicles, go-carts and boat trailers are also
deemed to be "recreational vehicles."
The repurposing of an entire property, including all buildings
and site for the purposes of providing new uses in compliance with
the requirements of the Redevelopment Overlay District. Repurposing
shall include the complete or partial demolition of existing structures
and other improvements on a given property, and the renovation of
existing buildings and/or the construction of new buildings, structures,
parking, driveways, stormwater structures, and other improvements.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or non-tower WCF. By way or
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 1-24-2017 by Ord. No. 1067]
The replacement of existing wireless telecommunication facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
[Added 1-24-2017 by Ord. No. 1067]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other 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 to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
The converting of a single-family residence into two or more
dwelling units, all contained within the original residential building.
See "eating and drinking places."
Any establishment that engages in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A development consisting of a building or group of buildings
designed and used specifically for the residence and care of elderly
and disabled persons who are at least 55 years of age.
A dwelling or part thereof where lodging is provided for
compensation for at least two but not more than six persons not transients
and where no public restaurant is maintained.
Lighting that is primarily used as a decorative lighting
fixture, featuring small bulbs or LED diodes that are linked together
and encased in cylindrical tubes made of PVC, plastic, epoxy, or any
similar material that is clear and/or translucent to allow light to
shine through. String lights are excluded from this definition.
[Added 9-20-2022 by Ord. No. 1154]
Any building or part thereof designed, constructed, or used
for education or instruction in any branch of knowledge, including
public and private schools of all types. Facilities intended for the
rehabilitation of persons with criminal and violent behavior, as well
as day-care facilities, are excluded from this definition.
A secondary or higher education facility teaching usable
skills that prepare students for employment in a trade or business
and meeting the state requirements for schools.
A structure containing separate, secure, and private storage
spaces of varying sizes which are leased or rented.
A line which, between it and the street or lot line, no building
or other structure, or portion thereof, except as provided in this
chapter, may be erected above the grade level. The setback line is
considered to be a vertical surface intersecting the ground on such
line.
[Amended 11-20-2018 by Ord. No. 1099]
Acts of masturbation, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or, if such a person be a female, breasts.
The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
A shopping area of integrated design and development having
a minimum lot area of 37,500 square feet and including, but not limited
to, such uses as retail shops, personal service establishments, professional
and business offices, banks, post offices, restaurants, theaters and
auditoriums, and housed in an enclosed building or buildings and utilizing
such common facilities as customer parking, pedestrian walks, loading
and unloading spaces, utilities and sanitary facilities.
Any object, device, display, or structure that is used to
advertise, identify, display, direct, or attract attention, including
structural elements, bases, sign faces, trim and borders.
A sign which uses movement or change of lighting to depict
action or to create a visual effect or scene.
A structure with two parallel sign faces oriented in opposite
directions, or two structures, each with one sign face and located
not more than 10 feet from an obstruction preventing both structures
from being seen at the same time from any point along the thoroughfare.
A sign of lightweight fabric or similar material that is
attached at one or more edges or corners to a pole or building. A
banner which acts as a business identification, informational, or
promotional sign is considered a temporary sign.
A sign which contains elements which identify the official
name of a business and which may contain minimal references to products
or services that help to clarify the type of business being conducted
on the premises.
A sign which is part of or is attached to a canopy, awning,
or similar fabric, plastic, or structural cover over a door, entrance,
window, or outside service area. A marquee is not a canopy.
A sign or portion thereof with characters or illustrations
which can be changed or rearranged without altering the face or surface
of the sign. A sign upon which the message changes more than eight
times per day shall be considered an animated sign. A sign which shows
the date, time, and/or temperature shall not be considered a changeable
copy sign.
An advertising sign or device intended to direct or point
toward a place or object or that points out the way to a place or
object that obviously could not be easily found without such a sign
or device.
A sign capable of displaying text, graphics, symbols, or
images that can be electronically or mechanically changed by remote
or automatic means, and which directs attention to a business, activity,
product, commodity, service, entertainment, or communication.
That portion of a sign, including the display area, border
and trim, but excluding the base, supports and other structural members,
facing traffic moving in one direction.
A sign, the illumination of which is not kept constant in
intensity at all times when in use, and which exhibits sudden or marked
change in lighting effects. Illuminated signs which indicate the date,
time, and/or temperature, or other similar information, shall not
be considered a flashing sign.
A permanent in-ground or surface-mounted sign which is constructed
to be independent of all adjoining structures or which is supported
or suspended from a freestanding column or other support located in
or upon the ground surface.
A sign which is lighted by or exposed to artificial lighting
from a light source on or inside the sign or directed toward the sign.
A sign that does not conform to the provisions of this chapter
that regulate signs.
Any outdoor sign, display, figure, painting, drawing, message,
billboard or any other thing which is designed, intended or used to
advertise or inform, any part of which advertising or information
content is visible from any place on the main traveled way of the
interstate system or any thoroughfare in the Borough; but does not
include on-premises signs advertising or identifying activities conducted
on or products sold on the property upon which they are located.
A sign which directs attention to a person, business, profession,
product, home occupation, or activity conducted on the same lot.
A sign designed to be transported, including but not limited
to signs transported by wheels, signs converted to A-frames, menu
or sandwich board signs, balloons used as signs, and signs attached
to or painted on vehicles that are parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of a business.
A sign which is attached directly to a building wall and
which extends at least 12 inches but no more than four feet from the
face of such wall, but not canopy signs.
A temporary sign which advertises or describes sales events,
products or service promotions, or new products or service introductions
related to the business being conducted on the premises.
A sign relating to the property on which it is located, offering
such property for sale, lease, or rent, and includes open house signs.
A sign erected and constructed on the roof of the building
on which it is located and extending vertically no higher than the
highest point of the roof.
A sign which is not permanently mounted or affixed to the
ground, building, or display window and which is displayed for a specific
period of time.
A structure or structures with two or three given sign faces,
forming the shape of the letter "V" or a triangle when viewed from
above, with an angle between any two faces of not more than 90°.
A sign which is attached parallel to a building wall with
the face of said sign extending no more than 12 inches from the face
of the wall.
For towers other than towers in the public right-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
[Added 1-24-2017 by Ord. No. 1067]
Camouflaging methods applied to wireless communication towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, or light poles.
[Added 1-24-2017 by Ord. No. 1067]
That part of a structure included between any floor and the
floor or roof next above. When applied to the permissible height of
buildings, the term "story" shall not include a basement if the basement
is not designated for living quarters and if the floor thereof is
more than four feet below the average ground level.
Any road, highway, avenue, street, parkway, lane or other
way, public or private, set aside and commonly used by the public
for street purposes, and shown upon the Official Map or upon a filed
plat. Any alley which provides the primary means of access to two
or more dwellings shall be considered a street.
A street whose primary purpose is to move a larger volume
of vehicles and includes longer trips from one part of an area to
another.
A street whose primary purpose is to conduct vehicles from
local streets to arterial streets or limited access highways.
A street whose primary purpose is to provide access to property
abutting the public right-of-way. Local streets should not carry through
traffic.
The area between the right-of-way lines of a public street,
which typically contains the cartway, the curbs, the planting strips
and the public sidewalk. The right-of-way may contain some area beyond
the public sidewalk.
[Amended 8-19-2014 by Ord. No. 1035]
A line established by measuring from the center line of a
public street cartway or by measuring from the face of a curb along
a public street. The distance measured to establish the right-of-way
line shall be in accordance with the Borough's street plans.
[Added 8-19-2014 by Ord. No. 1035]
A method of dividing streets into categories that are determined
by the use or function of such streets. There are four categories
of streets in the Borough's functional classification:
Lighting that is primarily used as a decorative lighting
fixture, featuring small bulbs or LED diodes that are individually
encased and each individually encased bulb or diode is evenly spread
along a cable or wire (similar to traditional holiday lights, and/or
cafe lights).
[Added 9-20-2022 by Ord. No. 1154]
Flat, flexible circuit boards mounted by many individual
surface-mounted device LEDs, that often have adhesive on their back
side.
[Added 9-20-2022 by Ord. No. 1154]
Anything constructed or erected, which requires its permanent
location on or below the ground, or which is permanently attached
to something having permanent location upon the ground, excepting
fixed and movable awnings. A building shall be construed to be a structure.
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 residential
dwelling, shall be exempted.
A modification to the physical dimensions of a tower or base
station, as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012), if it meets any of the
following criteria:
[Added 1-24-2017 by Ord. No. 1067]
For towers outside of public right-of-way, it increases the
height by more than 20 feet or 10%, whichever is greater; for those
towers in the right-of-way and for all base stations, it increases
the height of the tower or base station by more than 10% or 10 feet,
whichever is greater;
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than 20 feet, or more than the width of
the tower structure at the level of the appurtenance, whichever is
greater; for those towers in the rights-of-way and for all base stations,
it protrudes from the edge of the structure more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the tower or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of the tower or base station unless the noncompliance is
due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding "substantial
change" thresholds.
Any receptacle or artificially constructed container for
water, whether erected above or below ground level, having a wall
depth of two feet or more at any point within its perimeter, intended
or adapted for the purposes of immersion or partial immersion of human
beings therein, used in connection with dwelling units, available
only to the family of the dwelling unit holder and their private guests,
not open to the public, and not otherwise regulated by any statutes
or by rules and regulations other than those of the Borough and the
State of Pennsylvania.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels and other similar uses.
See "body art establishment."
An establishment where alcoholic beverages are served as
a primary or substantial portion of the total trade and which does
not meet the definition of a nightclub. The sale of food may also
occur. Adult-oriented uses are excluded from this definition.
Any type of seasonal or temporary swimming pool consisting
of any structure, basin, chamber or tank containing, designed to contain
or capable of containing an artificial body of water for wading, swimming,
diving, recreation, therapy or bathing, having a depth of more than
24 inches at any point. Temporary seasonal pools shall comply with
the setback requirements for accessory structures for the side and
rear yard areas, and shall not be permitted in any front yard areas.
Temporary seasonal pools must comply with the fencing and other requirements
of the Uniform Construction Code.
A temporary use may be authorized only if it is a permitted
use in the zoning district where it is proposed to be located, and
shall be limited to a specified time period.
[Added 8-19-2014 by Ord. No. 1035]
A hard, solid material such as concrete that forms a level
surface for travel, and is not smooth, but instead has a pattern,
design or effect on the surface. Textured paving does not include
asphalt paving. Textured paving must comply with the current requirements
of the Americans with Disabilities Act (ADA).
[Added 9-20-2022 by Ord. No. 1154]
Any street, road, expressway, freeway or highway located
within the Borough.
See "office."
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 1-24-2017 by Ord. No. 1067]
A vehicular portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses.
An area or building where trucks load and unload cargo and
freight which may be broken down or aggregated into smaller or larger
loads for transfer to other vehicles. Any related storage facilities
are to be clearly incidental to the principal use.
Any purpose for which a lot or structure may be designed,
arranged, intended, maintained, or occupied, or any activity, occupation,
business, or operation carried on in a structure on a lot.
[Amended 11-20-2018 by Ord. No. 1099]
Is subordinate to and serves a primary building or principal
use;
Is subordinated in area, extent, or purpose to the primary building
or principal use served;
Is located on the same zoning lot as the primary building or
use served;
Is not used for dwelling purposes nor normally occupied by personnel
associated with any use; and
Is not attached to the primary building by covered passageway,
has a wall more than three feet high, and shares no wall in common
with the primary building.
See "conditional use."
See "nonconforming use."
Any use within a given zoning district that is specifically
allowed as a matter of "right."[19]
A use of land or structures which is not permitted within
a particular zoning district.
Any means in or by which someone travels or something is
carried or conveyed; a means of conveyance or transport. A conveyance
moving on wheels, runners, tracks or the like, as a cart, sled, automobile,
motorcycle or tractor.
[Added 11-20-2018 by Ord.
No. 1099]
Any building used for the treatment and limited temporary
boarding of small domestic animals such as dogs, cats, goats, rabbits
and birds or fowl by a veterinarian. Such use shall not be construed
as a professional office under the definitions and terms of this chapter.
A building used primarily for the storage of goods and materials.
The Pennsylvania Wireless Broadband Collocation Act.[20]
[Added 1-24-2017 by Ord. No. 1067]
An establishment which sells merchandise to retailers, other
wholesalers, and industrial, commercial, institutional, or professional
business users.
Transmission through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 1-24-2017 by Ord. No. 1067]
The antennas, nodes, control bases, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communication services.
[Added 1-24-2017 by Ord. No. 1067]
A freestanding structure, such as a tower-based WCF or any
other support structure that could support the placement or installation
of a wireless communication facility if approved by the Borough.
[Added 1-24-2017 by Ord. No. 1067]
The following graphic provides an illustrative example of
different yard types and locations relative to the street right-of-way.
[Amended 8-19-2014 by Ord. No. 1035]
 |
An area extending along the full length of a front lot line
wholly between side lot lines and back to a line drawn parallel to
the front lot line at a distance therefrom equal to the depth of the
required front setback of the zone wherein the lot is located.
An area extending along the full length of a rear lot line
wholly between side lot lines and back to a line drawn parallel to
the rear lot line at a distance therefrom equal to the depth of the
required rear setback of the zone wherein the lot is located.
An area extending from the front setback line to the rear
setback line along a side lot line and back to a line drawn parallel
to the side lot line at a distance therefrom equal to the width of
the required side setback of the zone wherein the lot is located and
excluding any area encompassed within a required front or rear yard.
A contiguous area of land on all parts of which the same
uniform zoning regulations apply.
The perimeter line completely enclosing a zoning district.
A body appointed by the Borough Council to examine and decide
appeals for relief from strict conformance to this chapter or relief
from a decision of the Zoning Officer and to hear testimony regarding
the validity of any regulations upon development in the Borough.
The official plan of zoning districts in the Borough showing
precisely the boundaries and titles of each zoning district, which
map is part of this chapter.
A person retained by the Borough to enforce the regulations
of this chapter, with power to issue permits, to halt illegal construction,
and to interpret literally the meaning of the various sections of
this chapter subject to appeal of the Zoning Hearing Board.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: Former definition of "accessory building, structure
or use," which immediately preceded this definition, was repealed
8-19-2014 by Ord. No. 1035.
[3]
Editor's Note: See 18 Pa.C.S.A. § 5903.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Noted: The definition of "cell site," which immediately
followed this definition, was repealed 1-21-2017 by Ord. No. 1067.
[6]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[7]
Editor's Note: The definitions of "communications antenna,
communications equipment building" and "communications tower," which
immediately followed this definition, were repealed 1-24-2017 by Ord.
No. 1067.
[8]
Editor's Note: See 53 P.S. § 10909.1.
[9]
Editor’s Note: The former definition of “impervious
coverage,” which immediately followed this definition, was repealed
7-16-2019 by Ord. No. 1113.
[10]
Editor's Note: See 3 P.S. § 459-101 et seq.
[12]
Editor's Note: Former definition of "lot line, front (street
line)," which immediately followed this definition, was repealed 8-19-2014
by Ord. No. 1035.
[13]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[14]
Editor’s Note: The former definition of “motor
vehicle,” which immediately followed this definition, was repealed
11-20-2018 by Ord. No. 1099.
[15]
Editor's Note: See 53 P.S. § 10101 et seq.
[16]
Editor's Note: See 53 P.S. § 10101 et seq.
[18]
Editor's Note: The former definition of "street line," which
immediately followed this definition, was repealed 8-19-2014 by Ord.
No. 1035.
[19]
Editor’s Note: The former definition of "principal use,"
which immediately followed this definition, was repealed 11-20-2018
by Ord. No. 1099.
[20]
Editor's Note: See 53 P.S. § 11702.1 et seq.
