As used
in this chapter, the following terms shall have the meanings indicated:
ABANDONED
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings, or
the replacement of the nonconforming use or structure.
[Added 5-16-2011 by Ord.
No. 880]
ABUT
[Added 5-16-2011 by Ord.
No. 880]
(1)
Physically touching or bordering on another lot, use, or district
boundary; or
(2)
Sharing a common boundary line. (See also "adjoining.")
ACCESS DRIVE
A permanent service way, other than a street, which provides
vehicular access from a street or public road to a lot; such as a
driveway.
[Added 5-16-2011 by Ord.
No. 880]
ACCESSORY BUILDING
A building subordinate to and detached from the principal
or main building on the same lot, used for the purposes customarily
incidental to that of the main or principal building.
ACCESSORY USE
A use on the same lot with, and of a nature customarily incidental
and subordinate to the principal use or the main building.
ADDITION
Any construction which increases the size of a building,
such as a porch, attached garage or carport, or a new room or wing.
ADJOINING
For the purposes of this chapter, the term "adjoining" shall
be defined as the sharing of all or part of a common lot line with
another lot or parcel of land. (See also "abut.")
[Added 5-16-2011 by Ord.
No. 880]
ADULT OTHER
Any other business or establishment that offers its patrons
services or entertainment characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
AGENT
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, and/or
applications to the Zoning Officer or other designated City official
for the purpose of obtaining approval thereof.
[Added 5-16-2011 by Ord.
No. 880]
AIRPORT
Except as otherwise specifically defined in the Airport Zoning
Act, 74 Pa.C.S.A. § 5911 et seq., any area of land or water
which is used, or intended to be used, for the landing and takeoff
of aircraft and any appurtenant areas which are used, or intended
to be used, for airport buildings or air navigation facilities or
rights-of-way, together with all airport buildings and facilities
thereon. As used herein, the term "airport" includes public airports,
but excludes private airports and heliports.
AIRPORT-RELATED FACILITIES
(3)
AIRCRAFT SALESAn establishment involving display, sale, or rental of new and used aircrafts, including airplanes, helicopter, and other motor-powered and non-motor-powered aircrafts, including gliders.
(4)
AIRPORT OFFICEAny building in which one or more persons are employed in the management or direction of airport operations and maintenance.
(5)
AIRPORT PARKINGAn open area of land or structure, other than a street, owned and/or maintained by an airport used for the long-term or short-term parking of vehicles with or without a fee being charged and available to the public, or as an accommodation to employees, clients or customers, or for the storage of delivery vehicles and rental cars and the like.
(6)
AIRPORT SERVICE FACILITYA retail, professional and business office, hotel, business service, personal service establishment, or restaurant which are accessory uses to the operation of the airport, provide direct services to the traveling public and are located on the premises of or are directly related to an airport facility.
(7)
AIRPORT TERMINALAny building in which one or more persons are employed for airline ticketing, luggage checking facilities, restaurants, bars, retail shops, confections, post office, lot shipping facilities and janitorial services.
(8)
AIRPORT TRAFFIC CONTROL FACILITIESAny buildings, towers, observation decks, nav aids reserved for the communication and relay of aviation commands between ground operators and airborne vehicle operators.
ADULT-RELATED USES
A business or club that engages in one or more of the following
areas of sales, services or entertainment:
(1)
ADULT BATH HOUSEAn establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, physical therapist or similar professional licensed by the commonwealth.
(2)
ADULT BODY PAINTING STUDIOAny establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
(3)
ADULT BOOKSTOREAny establishment that has a substantial or significant-portion of its stock-in-trade:
(a)
Books, films, magazines or other periodicals or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas; and
(b)
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
(4)
ADULT CABARETA nightclub, theater, bar or other establishment that features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5)
ADULT MASSAGE ESTABLISHMENTAny establishment or business that 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 commonwealth, or a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA). This definition does not include an athletic club, health club, massage therapy establishment 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.
(6)
ADULT MINI-MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of less than 50 persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(7)
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment that meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
(8)
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, that provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(9)
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(10)
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(11)
ADULT NEWSRACKAny coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(12)
ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business that provides an out-call service that consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service, during which time specified anatomical areas are displayed or specified sexual activity occurs.
(13)
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
(14)
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(15)
ADULT VIDEO STOREA commercial use that has 50% or more of its stock-in-trade consisting of video tapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction or description of specified sexual activities or specified anatomical areas.
AISLE
The traveled way by which motor vehicles enter and depart
parking spaces.
ALLEY
A minor right-of-way other than a local, collector, or arterial
street providing secondary vehicular access to abutting property on
the side or rear of one or more properties, not intended for general
traffic circulation.
ALTERATIONS
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities
or an enlargement, whether by extending on a rear, front or side end
or by increasing height or the moving from one location or position
to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure
such as bearing walls, columns, beams or girders.
AMENDMENT
A change in use in any zoning district which includes revisions
to this chapter's text and/or the Official Zoning Map.
ANIMAL HOSPITAL/VETERINARY CLINIC
An establishment operated by a veterinary medical doctor(s),
certified in the Commonwealth of Pennsylvania, for the medical or
surgical treatment of domestic, agricultural or zoological animals,
but excluding the boarding and grooming of animals not subject to
medical or surgical treatment.
ANTENNA
Any arrangement of wires or metal rods used in sending and/or
receiving of electromagnetic waves.
[Added 5-16-2011 by Ord.
No. 880]
ANTENNA HEIGHT
The measurement of the overall vertical length of antenna
and its support structure above the average finished grade. If such
system is located on a building or other structure, the overall vertical
length shall be measured and shall include the height of the building
upon which the antenna and its structure is situated.
[Added 5-16-2011 by Ord.
No. 880]
APPLICANT
A landowner or developer (as herein defined) who has filed
an application for development including his personal representatives,
heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary 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
or for the approval of a subdivision plat or plan or for approval
of a land development plan.
AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
AUTOMATED BANKING FACILITY
An establishment whereby automated devices that perform banking
or financial functions are operated by the consumer or patron primarily
for those who remain in their automobile, but may also be operated
by those customers who walk up to the device.
AUTOMOBILE WRECKING, JUNK AND SCRAP STORAGE AND SALES ESTABLISHMENTS
An establishment used for the storage, collection, baling,
packing, sorting, handling, disassembling, recycling, resource recovery,
purchase or sale of any material which has been used, salvaged, scrapped
or reclaimed, but is capable of being reused in some form including,
but not limited to, metals, fiber, paper, cloth and rags, rubber,
rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber,
boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles
which are inoperable and do not have a current and valid inspection
sticker as required by the Commonwealth of Pennsylvania, and motor
vehicle parts, but not including garbage or other organic wastes.
No material which fails to meet this definition because it is discarded
and incapable of being reused in some form shall be placed in any
establishment as herein defined. In no district shall this use be
considered to be accessory or incidental to another use.
AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE RENTAL
AND SALES
An establishment involving the indoor and/or outdoor display,
sale, or rental of new and used cars, trailers, boats, heavy equipment,
recreational vehicles, trucks, other similar motor vehicles, and mobile
homes, and which may minor incidental mechanical repairs, state inspections,
oil changes and lubrications, and tune-ups be conducted within an
completely enclosed building as an accessory use, incidental to the
principal use.
AUTOMOTIVE SERVICE STATION
An establishment where passenger motor fuel, oil, grease,
batteries, tires, or automobile accessories are supplied and dispensed
at retail, which may include making minor incidental repairs, state
inspections, oil changes and lubrications, and tune-ups. This use
specifically prohibits body work; straightening of body parts, painting,
welding, storage of wrecked vehicles, automobile sales, and other
major mechanical work is not permitted as part of this use. This definition
excludes general convenience stores.
AUTOMOTIVE VEHICLE REPAIR CENTER
(1)
An establishment where major and minor mechanical work, servicing
and repair of passenger vehicles is conducted as a primary activity.
Included in this definition are:
(a)
Repair or overhaul of engines, transmissions, differentials,
axles, spring, clutches, radiators, etc.;
(b)
Tire sale, repair, wheel balancing, and front-end alignment
facilities;
(c)
Oil change establishments; and
(d)
Collision service, including body, fender and frame repair,
welding, painting and refinishing and glass replacement body work.
(2)
This use also permits the retail sale of automotive parts and
accessories but prohibits the sale of fuel for retail purposes.
BANK
An establishment in which money is kept for saving or commercial
purposes or is invested, supplied for loans or is exchanged. A bank
may also provide financial counseling, planning, and services related
to money management.
BASEMENT
A portion of building or space having 1/2 or more of its
floor-to-ceiling height above the average level of the adjoining ground
and with a floor-to-ceiling height of not less than 6 1/2 feet.
A basement shall be counted as a story for living and occupancy purposes.
BEAUTY/BARBER SHOP
An establishment providing personal grooming services that
may include hair cutting, coloring, facial, nail grooming, and ancillary
uses such as tanning salons.
BED-AND-BREAKFAST
An establishment which is an accessory use to an owner-occupied single-family detached dwelling and/or its accessory structure that includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests and does not exceed the maximum number of overnight guests specified in Article
XX of this chapter for this use; and that does not provide any cooking facilities for actual use by guests, and that only provides one meal to overnight guests, employees of the establishment and residents of the single-family detached dwelling. Overnight stays shall be restricted to transient guests, and employees of the establishment and their family. This use does not include a boarding house, group home, hotel or motel.
BLOCK
A unit of land bounded by streets or by a combination of
streets and public land, rail rights-of-way, waterways or any other
barrier to the continuity to development.
BOARDING HOUSE
A residential use of a building in which individual room(s)
that do not meet the definition of a lawful dwelling unit; or a dwelling
unit with an occupancy of more than four unrelated persons or group
otherwise not meeting the definition of family in said dwelling unit;
is rented for more than five consecutive days. A boarding house may
either involve or not involve the provision of meals to residents,
but shall not include a restaurant open to the public. This term shall
not include those uses meeting the definition of bed-and-breakfast,
group home, hotel, motel, or nursing home.
BUFFER YARD
An open area whose dimensions may coincide with the normal
building setback or yard requirements used to protect low-density
or low-intensity uses and zoning districts from adjacent higher-density
or higher-intensity uses and districts.
BUILDING
A man-made structure enclosed within exterior walls or fire
walls and a roof; built, erected and framed of component structural
parts; designed for the housing, shelter, enclosure and support of
individuals, animals or property of any kind.
BUILDING AREA
The total of area, in square feet, of all floors, excluding
basement, of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces, and steps.
BUILDING FOOTPRINT
The area of a building measured from the exterior surface
of the exterior walls at grade level. Where a building is elevated
above grade level, the building footprint is the area the building
would cover if it were located at ground level.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade in front of the building where the
address is taken to the top of the highest roof beams on flat or shed
roofs, to the deck line of mansard roofs, and to the average distance
between eaves and the ridge levels for gable, hip and gambrel roofs.
BUILDING SETBACK LINE
The line within the property defining the required distance
between any principal or accessory building, and the adjacent street
right-of-way or property line, and a line defining side and rear yards
where required.
BUSINESS SERVICE
An establishment engaged in rendering services to businesses
and offices on a fee or contract basis, including but not limited
to advertising and mailing; data processing; secretarial; financial;
photocopying; quick printing and fax; office supplies; building maintenance;
equipment servicing, rental, leasing and sales; employment service;
management and consulting services; and other similar business services.
CAR WASH
An area of land and/or a structure with machine- or hand-operated
facilities used principally for the interior and/or exterior cleaning,
washing, polishing, or waxing of motor vehicles and where no repairs
or sales of petroleum fuel or lubricants are performed. A car wash
facility may or may not include accessory uses such as auto detailing.
CARPORT
A roofed structure providing space for the parking of motor
vehicles in the same manner as a private garage, and enclosed on not
more than three sides, and accessory to a principal or accessory building.
CARTWAY
That portion of the right-of-way surfaced for vehicular use.
Width is determined from face of curb to face of curb or from one
edge of driving surface to the other edge of driving surface.
CELLAR
A portion of a building or space with less than 1/2 of its
floor-to-ceiling height above the average finished grade of the adjoining
ground or with a floor-to-ceiling height of less than 6 1/2 feet.
CEMETERY
Any public or private lot, building or structure that is
designed for and used for the burial of the deceased, including columbaria,
crematoria, mausoleums and mortuaries when operated in conjunction
with the cemetery and within the boundaries thereof.
CERTIFICATE OF NONCONFORMANCE
A certificate issued by the Zoning Officer which acknowledges
the existence of a nonconforming use, structure or lot as of the effective
date of the chapter, thereby authorizing its right to continue until
eliminated or abandoned.
[Added 5-16-2011 by Ord.
No. 880]
CERTIFICATE OF USE
The certificate, based on an inspection signed and issued
by the City Zoning Officer, which permits the use of a building, structure
or use of a lot in accordance with the approved plans and specifications
and which certifies compliance with the provisions of this chapter
for the use and occupancy of the land and structure in its several
parts, together with any special stipulations or conditions of the
building permit.
CHANGE OF USE
A change of use existing within a building or on a lot to
a new use which would be required to meet other provisions of the
Zoning Ordinance.
[Added 5-16-2011 by Ord.
No. 880]
CITY COUNCIL
The City Council of Lock Haven, Clinton County, Pennsylvania.
CLEAR SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
CLINIC
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 usually lodged overnight.
CLUB ROOM, CLUB GROUND, OR MEETING HALL, PRIVATE
An establishment within which a private club conducts recreational,
social, administrative or athletic activities primarily not for profit,
providing that any vending stands, merchandise or commercial activities
are conducted only as required generally for the membership of such
club. Private club, club rooms and meeting halls shall not be used
for adult-related facilities.
COFFEEHOUSE
A retail food establishment whose primary business is the
sale of coffee and other nonalcoholic beverages, and where food service
such as the sale of baked or deli goods is secondary to the sale of
beverages.
COMMERCIAL RECREATION
Any establishment operated as a gainful business whose main
purpose is to provide the general public with an amusing or entertaining
activity, and where tickets are sold or fees are collected for the
activity:
(1)
INDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, swimming pool, dance or gymnastic instructional school, tennis courts, etc., when operated within a completely enclosed building. This use does not include a theater.
(2)
OUTDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. This use excludes a park, golf course and an outdoor shooting range.
COMMON WALL
A shared wall between two separate structures, buildings,
or dwelling units.
COMPREHENSIVE PLAN
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act of July 31, 1968,
P.O. 805, No. 247, as amended and reenacted, consisting of maps, charts and textual material, that
constitutes decisions about the physical and social development of
the City of Lock Haven as amended from time to time.
CONDITIONAL USE
A use permitted and approved by the City Council in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter. Procedures and criteria for granting approval shall comply with provisions of Article
XXII of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a shared interest in the remainder of the real estate which
is designated for common ownership, and which is created under the
Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.
CONTRACTOR'S YARD
An establishment of any general contractor or builder where
equipment and materials are stored or where a contractor performs
shop or assembly work but does not include any other yard or establishment
otherwise defined or classified herein.
CONVENIENCE STORE
An establishment primarily engaged in the retail sale of
frequently or reoccurring needed goods for household consumption.
(1)
GENERAL CONVENIENCE STOREA convenience store which generally includes the retail sale of fuel for passenger vehicles, oil, grease, automobile accessories, propane, kerosene, along with prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware.
(2)
NEIGHBORHOOD CONVENIENCE STOREA convenience store which generally includes the retail sale of prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware. Neighborhood convenience stores generally shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets.
CORRECTIONAL FACILITY
A public or privately owned building or structure and related
facilities used for the housing or detention of persons who have been
charged with or have been convicted of criminal offenses.
COUNTRY CLUB/GOLF COURSE
A recreational facility operated by a public or private entity
which has, as its principal use, facilities for playing golf and which
may include one or more of the following accessory uses: a clubhouse,
restaurant, locker rooms, pro shop, swimming pool and facilities for
racquet sports.
COUNTY
Clinton County, Pennsylvania.
[Added 5-16-2011 by Ord.
No. 880]
CRAFTSMAN OR ARTISAN STUDIO
An establishment primarily engaged in the on-site production,
display and sale of goods created on-site by hand manufacturing involving
only the use of hand tools or domestic mechanical equipment not exceeding
eight kilowatts. Typical uses include painting and other media-art,
ceramics, fabric crafts, candle-making, and jewelry manufacturing.
All such production associated with this use shall occur within a
completely enclosed building.
CRIMINAL HOUSING FACILITY
[Added 7-11-2016 by Ord.
No. 955]
(1)
A use (other than a "correction facility," "treatment center"
or a "halfway house" as otherwise defined in this article) providing
housing facilities for persons who require restricted or specialized
housing because of their status as:
(b)
Inmates in prerelease status.
(d)
Court-adjudicated juveniles.
(2)
Such restricted or specialized housing shall include such uses
as criminal rehabilitation facilities, criminal halfway houses, criminal
transitional living facilities, criminal prerelease centers, community
corrections housing facilities and juvenile facilities, but this definition
excludes any uses otherwise specifically defined in this article,
including housing facilities for persons convicted of driving under
the influence of alcohol as defined under "treatment center."
CURATIVE AMENDMENT
A specific process provided in the Pennsylvania Municipalities
Planning Code whereby an individual landowner or the municipality may
propose an amendment to cure or overcome a perceived invalidity of
a zoning ordinance.
[Added 5-16-2011 by Ord.
No. 880]
CURB CUT
The opening along the curbline at which point vehicles may
enter or leave the roadway.
DAY CARE
The offering of care or supervision of persons under the
age of 16, special needs adults in lieu of care or supervision by
family members, or elderly persons. This definition does not include
the offering of overnight accommodations.
(1)
DAY CARE, ACCESSORYAn accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. An accessory day care does not require zoning approval.
(2)
DAY CARE, COMMERCIALAn establishment operated as a gainful business which the care and supervision to more than six nonresidents of the site during any calendar day. Commercial day care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania.
(3)
DAY CARE, FAMILYAn accessory use to a single-family detached dwelling, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered with the Pennsylvania Department of Public Welfare of the Commonwealth of Pennsylvania.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance 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 Clinton County.
[Added 5-16-2011 by Ord.
No. 880]
DECK
A structure with or without sides projecting from the front,
side or rear wall of a building.
DENSITY
A ratio of the number of dwelling units per acre which occupy,
or may occupy, an area of land.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of the landowner, who makes or causes to be made a subdivision
or land development.
[Added 5-16-2011 by Ord.
No. 880]
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of mobile home or manufactured housing; streets, and
other paving; utilities; filling; grading and excavation; mining;
dredging or drilling operations; storage of equipment or materials;
and the subdivision of land.
[Added 5-16-2011 by Ord.
No. 880]
DEVELOPMENTAL DISABILITY
A disability of a person which has continued or can be expected
to continue indefinitely, which disability is attributable to mental
retardation, cerebral palsy, epilepsy or autism; is found to be attributable
to any other condition found to be closely related to mental retardation
because such condition results in similar impairment of general intellectual
functioning or adaptive behavior to that of mentally retarded persons
or requires treatment and services similar to those required for such
persons; or is attributable to dyslexia resulting from such disability.
DORMITORY
See "university housing."
[Added 10-18-2010 by Ord.
No. 863]
DRIVE-IN USE
An establishment which by design, physical facilities, service,
or by packaging procedures encourages or permits patrons and customers
to receive services, obtain goods, or be entertained while remaining
in their motor vehicles, but also serve those customers who walk up
to a window counter.
DRIVE-THROUGH
A portion of a business establishment depending on providing
an access drive approach or parking spaces for motor vehicles so as
to serve patrons while in the motor vehicle rather than within a building
or a structure.
DRIVEWAY
A vehicular service way providing access between a street
and a parking area or garage on a lot or property.
[Added 5-16-2011 by Ord.
No. 880]
DWELLING
A building or portion thereof located on a permanent foundation
and designed or used as the permanent living quarters for one or more
families, not including those uses meeting the definition of boarding
house, hotel, or motel.
DWELLING TYPE
(1)
DWELLING, MULTIFAMILYA building having three or more individual dwelling units, designed to be used or occupied as a residence by three or more families living independently of each other, located upon one lot. This term shall include those uses considered apartment buildings/houses and other similar-family residential buildings occupied for and used for individual dwelling units, but shall not include those uses meeting the definition of bed-and-breakfast, boarding house, group home, townhouse, row house, hotel, motel, or nursing home. Minimum floor area must comply with the most recent building code in effect at the time of erection.
(2)
DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE/ROW HOUSE)A building having only one dwelling unit accommodating a single family, attached to two or more dwelling units in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant party walls. Minimum floor area must comply with the most recent building code in effect at the time of erection.
(3)
DWELLING, SINGLE-FAMILY DETACHEDA building having only one dwelling unit accommodating a single family, upon one lot and having four yards (two sides, one front and one rear). Minimum floor area must comply with the most recent building code in effect at the time of erection.
(4)
DWELLING, SINGLE-FAMILY SEMIDETACHEDA building having only one dwelling unit accommodating a single family upon one lot and having three yards (one side, one front and one rear), attached to one other dwelling unit separated from any other unit by one common fire-resistant party wall and which each unit has its own front and rear access to the outside, no unit is located over another unit. Minimum floor area must comply with the most recent building code in effect at the time of erection.
(5)
DWELLING, TWO-FAMILYA building having two dwelling units upon one lot, accommodating two families and may be either: semidetached with one family living on either side of a common fire-resistant party wall; or with one family living over the other; each with its own exterior (to the unit) entrance door. Minimum floor area must comply with the most recent building code in effect at the time of erection.
DWELLING UNIT
One or more room(s) which is designed and used exclusively
as an individual unit of habitable residential living purposes of
not more than one family, and includes separate cooking and sanitary
facilities serving said individual unit, and which is accessible from
the outdoors, either directly or by an access shared with other dwelling
units.
EMERGENCY SERVICES FACILITY
An establishment used for the maintenance, fueling, storage,
dispatching or parking of vehicles and/or equipment utilized to provided
police, fire, rescue or ambulatory services.
ESSENTIAL SERVICE
The provision by public utilities, municipal or other governmental
units regulated by the Public Utility Commission (PUC) or other governmental
agencies of underground or overhead gas, electrical, steam or water
pipes, sewer and storm sewer facilities, and wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate services by such
public utilities or municipal or governmental units or for the public
health, safety or general welfare.
FACADE
The front face or elevation of a building, often the side
of the building facing the street.
FAMILY
An individual person, two or more persons related by blood,
marriage, or adoption, or a group of not more than four persons who
are not related by blood, marriage, or adoption living together in
an individual dwelling unit as a single housekeeping unit. This term
shall also include the number(s) of unrelated persons defined by and
consider those living in a licensed group home and licensed group
residence.
FARMERS/FLEA MARKET
An indoor and/or outdoor establishment used for the sale
of assorted new and used goods by auctioneers or by vendors on a periodic
basis.
FENCE
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided, or to define and mark the property
line.
FILL
The difference in elevation between a point on the original
ground and a designated point of higher elevation on the final grade;
or the material used to make a fill which is in turn used to elevate
or floodproof a building or structure.
[Added 5-16-2011 by Ord.
No. 880]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot measured
from the exterior faces of walls or from the center line of party
walls separating two buildings, excluding cellar and basement areas
used only for storage and the operation and maintenance of the building.
FLOOR AREA, GROSS LEASABLE
The sum of the floor area of the several floors of a building
designed for the conduct of business and occupancy by an owner or
tenant, as measured to the center of the interior joint walls and
exterior of outside walls. For purposes of this definition, "gross
leasable floor area" shall not include public or common areas such
as utility rooms, stairwells, hallways or corridors, etc.
FLOOR AREA, HABITABLE
The sum of the floor area of the several floors of a dwelling
unit as measured to the outside surfaces of exterior walls and including
all rooms used for habitation, such as living room, dining room, kitchen,
bedroom, bathroom, closets, hallways, stairways, but not including
basement, attic space, service rooms or areas such as utility rooms,
unheated areas such as enclosed porches, nor rooms without at least
one window or skylight opening onto an outside yard or court. At least
1/2 of the floor area of every habitable room shall have a ceiling
height of not less than seven feet, and the floor area of that part
of any room where the ceiling height is less than five feet shall
not be considered as part of the habitable floor area.
FOOD SERVICE FACILITY
An establishment in which food is processed and/or prepared
on the premises, and may be sold on the premises. This term shall
also include bakeries and catering establishments.
FORESTRY
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.
FUNERAL HOME
An establishment conducting embalming and cremation of the
deceased prior to burial, but not including cemeteries, columbaria,
mausoleums, entombments, and for the viewing of the deceased and ceremonies
connected therewith before burial or cremation.
GARAGE, PRIVATE
An enclosed or covered space used as an accessory use for
the storage of one or more motor vehicles; provided, that no business,
occupation or service is conducted for profit therein, nor space therein
for more than one car is leased.
GARAGE, PUBLIC
A City-owned and/or operated building or structure where
motor vehicles can be stored or parked for a prearranged fee.
GOVERNING BODY
The City Council of Lock Haven, Clinton County, Pennsylvania.
GREENHOUSE
A building whose sides and roof are made largely of glass
or other transparent or translucent material, and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or personal enjoyment. (See also "plant
nursery.")
[Added 5-16-2011 by Ord.
No. 880]
HALFWAY HOUSE
A use (other than a "criminal housing facility" or "treatment
center" as otherwise defined in this article) as a residence for those
who have completed treatment at a rehabilitation facility but are
not yet ready to return to independent living in the community and
where residents participate in structured programs designated to ease
successful reintegration into society.
[Amended 7-11-2016 by Ord. No. 955]
HEALTH AND FITNESS CLUB
An establishment that offers active indoor recreational activities,
fitness activities, or both. Such activities are provided only to
club members and their guests. Such facilities do not include any
outdoor facilities, golf courses or other uses identified as indoor
commercial recreation.
HOME OCCUPATION
A business or commercial activity, other than a no-impact
home occupation, administered or conducted as an accessory use which
is clearly secondary to the principal use of a single-family detached
or single-family semidetached dwelling for gainful employment involving
the manufacture, provision or sale of goods and/or services. The use
is clearly incidental and secondary to the principal use of the single-family
detached or single family semidetached dwelling for residential purposes
and does not change the character thereof or adversely affect the
uses permitted in the residential district of which it is a part.
HOSPITAL
An establishment licensed in the commonwealth as a hospital,
which renders inpatient and outpatient medical care for a twenty-four-hour-per-day
basis; and provides primary health services and medical/surgical care
to persons suffering from illness, disease, injury, deformity and
other abnormal physical or mental conditions. A hospital use can also
include attached and detached accessory uses, provided that all uses
are contained upon the hospital property. A medical care use that
does not provide overnight stays nor for periods longer than 24 continuous
hours shall be considered a medical office. A treatment center shall
also be permitted with a conditional use approval as an accessory
use within an existing building of an existing permitted state-licensed
general hospital within the Public Institutional District. Any expansion
of such treatment center or any relocation from one building to another
building shall require conditional use approval.
[Amended 7-11-2016 by Ord. No. 955]
HOTEL
An establishment which provides transient lodging accommodations
to the general public in sleeping units which each have separate access
to a common interior corridor and which may provide such additional
supporting services such as restaurants, meeting rooms, recreation
facilities and living quarters for a resident manager or proprietor.
HOUSEHOLD PETS
An animal that is normally or can generally be kept within the immediate living quarters of a residential structure. However, the keeping of horses as pets is permitted in accordance with the provisions in Article
XX of this chapter.
HOUSEHOLD PETS
Dogs, cats and other similar animals that are housed in a
private residence as personal companions. Livestock, agricultural
animals, including but not limited to chickens and ducks, and zoological
animals, shall not be considered household pets.
[Added 5-16-2011 by Ord.
No. 880]
HOUSING (FOR ELDERLY AND/OR DISABLED PERSONS)
A residential building or complex of buildings with dwelling
units specifically designed for the use of and occupied by any person(s)
55 years of age or older and their spouse and dependent relatives,
or any person(s) less than 55 years of age who has a record of or
is regarded as having a physical or mental impairment that substantially
limits one or more of the major life activities of that person(s)
and their spouse and dependent relatives and live-in caregivers. Impairment
does not include those exemptions listed in the Americans with Disabilities
Act of 1990.
INDUSTRIAL USES
(1)
(a)
Involving the processing and manufacturing of semifinished and/or
finished materials or products predominately from extracted, raw,
and/or recycled materials;
(b)
Engaged in the storage of, manufacturing processes using, and/or
shipping of flammable or explosive materials; and/or
(c)
Engaged in the storage, manufacturing processes, and/or shipping
of materials or products that potentially involve hazardous or commonly
offensive conditions; and
(d)
Due to the more intensive nature of the processes, materials,
products, etc. such uses may disturb or endanger neighboring properties.
(2)
(a)
Involving the manufacturing, predominately from previously prepared
semifinished or finished materials products or parts, finished materials
and products, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales and distribution, as well as
the repair of such finished products, but:
(b)
Excluding the processing of extracted, raw, and/or recycled
materials; and
(c)
Due to the lower-intensity nature of processes, materials, or
products, produce no noise, vibration, air pollution, fire hazard
or noxious emission, which would disturb or endanger neighboring properties.
(d)
Establishments involved in the production and/or repair services
when such facilities are in a completely enclosed building including
home appliances; electrical instruments; office machines; precision
instruments; electronic devices; timepieces; jewelry; optical goods;
musical instruments; novelties; mass-produced furniture; wood products
such as cabinetry, printed material; lithographic plates; type composition;
machine tools; dies and gauges; ceramics; apparel; lightweight metal
castings; film processing; light sheet metal products; tinsmithing,
welding, plumbing, heating, ventilating and air-conditioning plastic
goods; pharmaceutical goods; and food products, but not animal slaughtering
or curing nor rendering of fats.
JUNK
Any discarded article or material, including but not limited
to, scrap metal, paper, rags, glass, containers, tires, junked or
abandoned motor vehicles, trailers, machinery and equipment, and other
salvageable materials. "Junk" shall not include hazardous wastes or
materials, industrial residual wastes, or municipal wastes as defined
in the Pennsylvania Solid Waste Management Act.
[Added 5-16-2011 by Ord.
No. 880]
KENNEL, COMMERCIAL
A business offering housing or boarding of domestic animals
and which is operated for a profit.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one or more contiguous lots, tracts or parcels
of land for any purpose involving:
(a)
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
(b)
The division or allocation of land 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.
(3)
The following are exempted from the definition of "land development":
(a)
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;
(b)
The addition of an accessory building, including a farm building,
on a lot or lots subordinate to an existing principal building; or
(c)
The addition or conversion of a building for rides within the
confines of an enterprise, which would be considered an amusement
park. For the purpose of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for a permanent
amusement structures or rides. This exclusion shall not comply to
newly acquired acreage by an amusement park until initial land for
the expanded area have been approved by the proper authorities.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LANDSCAPING CENTER/NURSERY
An establishment engaged in the raising non-agriculturally
related trees, shrubs, flowers, and other plants for wholesale or
retail sale or for transplanting.
LAUNDROMAT
An establishment equipped with individual clothes-washing
and drying machines and/or dry-cleaning machines for use and operation
by patrons.
LICENSED GROUP HOME
A place, home, or institution which is licensed and directly
associated with and operated by a responsible individual, family or
organization with a program of care and supervision of the residents
by full-time professional, resident staff providing a supportive living
arrangement including board, shelter, and personal services to not
more than eight persons, regardless of age, who have a need for supervision
or assisted community living based on emotional, mental, physical,
familial, or social differences. (Examples of such persons include
but shall not be limited to the mentally challenged, physically handicapped;
elderly. This definition shall expressly include facilities for the
care of developmentally disabled persons.)
LICENSED GROUP RESIDENCE
An institution which is licensed and directly associated
with and operated by a responsible organization with a program of
care and supervision of the residents by full-time professional, resident
staff providing a supportive living arrangement including board, shelter,
and personal services to nine but not more than 16 persons, regardless
of age, who have a need for supervision or assisted community living
based on emotional, mental, physical, familial, or social differences.
(Examples of such persons include but shall not be limited to the
mentally challenged, physically handicapped; elderly. This definition
shall expressly include facilities for the care of developmentally
disabled persons.)
[Amended 7-11-2016 by Ord. No. 955]
LIGHTING
(1)
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
(2)
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
(3)
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector for which it is reflected to be illuminated.
LIVESTOCK
Cattle, pigs, goats, horses, sheep, llamas, emus, ostriches,
and other similar types of animals with hooves, whether split or not.
[Added 5-16-2011 by Ord.
No. 880]
LOADING SPACE OR UNIT
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary stopping
of commercial vehicles while loading or unloading merchandise or materials
and which abuts upon an alley, street or other appropriate means of
access to a street.
LOT
A designated parcel, tract or area of land established by
plat, subdivision or otherwise as permitted by law and to be used,
developed or built upon as a unit.
LOT AREA
The area contained within the lot lines of a lot, excluding
space within all streets and within permanent drainage easements,
but including the areas of all other easements.
LOT, CORNER
A lot or parcel abutting upon two or more streets at their
intersection or upon two parts of the same street forming an interior
angle of less than 135°.
LOT COVERAGE
That portion or percentage of the plot or lot area covered
by any material that prevents the absorption of stormwater into the
ground, including buildings, sidewalks, driveways/access drives, but
excluding surface water area of swimming pools.
LOT, FLAG
A lot not fronting on or abutting a public roadway except
for a narrow strip of ground or private right-of-way not less than
24 feet wide.
[Added 5-16-2011 by Ord.
No. 880]
LOT LINE
A line of record bounding a lot which divides one lot from
another lot or from a public or private street.
LOT OF RECORD
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Clinton County,
Pennsylvania.
[Added 5-16-2011 by Ord.
No. 880]
LOT WIDTH
The continuous linear horizontal distance measured at the
required front setback, between side lot lines for interior lots.
For corner lots, lot width shall be measured at both required front
setbacks, one between a front lot line and opposite rear lot line,
and one between a front lot line and opposite side lot line.
MANUFACTURING
The act of producing, preparing and assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
[Added 5-16-2011 by Ord.
No. 880]
MASSAGE THERAPY ESTABLISHMENT
Any business or part thereof, other than an adult massage
establishment, where massage services are provided by a person having
graduated from a massage therapy training program approved by the
Pennsylvania State Board of Private Licensed Schools or equivalent
agency if trained in another state; by a person certified through
a massage therapy certification examination approved by the National
Commission for Certifying Agencies; by a person certified through
the National Certification Board for Therapeutic Massage and Bodywork;
or is a practitioner or member of either of the American Massage Therapy
Association (AMTA), Associated Bodywork and Massage Professionals
(ABMP), or International Massage Association (IMA).
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINERAL BATCHING OR MIXING PLANT
A facility where extracted materials are amassed, sorted,
mixed, and/or crushed, ground, or otherwise treated for distribution
or use or sale.
[Added 5-16-2011 by Ord.
No. 880]
MINERAL EXTRACTION OPERATION
The commercial extraction of natural minerals from the earth,
including facilities for the batching or mixing of extracted materials.
Oil and gas operations shall not be considered to be mineral extraction.
[Added 5-16-2011 by Ord.
No. 880]
MINI-STORAGE/SELF-STORAGE FACILITY
An establishment including a building and/or series of buildings
divided into separate storage units for personal property and/or property
associated with some business or other organization. These units shall
be used solely for dead storage and no processing, manufacturing,
sales, research and development testing, service and repair, or other
non-storage activities shall be permitted.
MOBILE HOME
A transportable, single-family dwelling located on a permanent
foundation 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 constructed so that it may be
used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land greater than or equal to the minimum size set forth in Article
XX of this chapter which has/have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTEL
An establishment which provides transient lodging accommodations
to the general public in sleeping units which each have separate access
directly to the outside and which may provide such additional supporting
services as restaurants, recreation facilities and living quarters
for a resident manager or proprietor.
MULTI-MIXED-USE FACILITY
Any combination of uses, including but not limited to, offices,
commercial and light industrial in one or more structures on a single
parcel or contiguous parcels under the same ownership.
[Amended 5-16-2011 by Ord. No. 880]
NEIGHBORHOOD RETAIL/SERVICE
An establishment conducting the following retail and personal
service business, or professional service establishments are permitted
within specified residential zoning districts as permitted uses: neighborhood
convenience store; barber and beauty shops; gift/craft shops; business
and medical offices; and restaurants, which are limited to 900 square
feet of floor area devoted to the business and intended to supply
commodities or perform services for residents of the neighborhood.
This use may include one accessory residential dwelling unit located
within the principal building. The sale, service or distribution of
alcoholic beverages is prohibited.
NO-IMPACT HOME OCCUPATION
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 all requirements set forth in Article
XX of this chapter.
NONCONFORMING LOT
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 reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such chapter or amendment
or prior to the application of such chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such chapter or amendment, or prior to the application
of such chapter or amendment to its location by reason of annexation.
NURSING HOME
An establishment, licensed by the Commonwealth of Pennsylvania,
engaged in providing twenty-four-hour inpatient nursing and health-related
personal care for nine or more adults, utilizing in whole or part
licensed and/or registered nurses, excluding hospital services and
excluding day-to-day personal care which is not health care by licensed
or registered nurses.
OFFICE, BUSINESS
A building or part of a building in which one or more persons
are employed in the management, direction or conducting of business/commerce
and whose staffs/employees serve clients who seek advice and consultation
regarding business/commerce. A business office may include the administrative,
corporate or professional offices for profit, nonprofit or charitable
organizations.
OFFICE/CLINIC, MEDICAL
A building or structure where one or more licensed medical
professionals, provide diagnosis and treatment to the general public
without surgical procedures, overnight accommodation or pharmacy and
shall include such uses as reception areas, offices, consultation
rooms, and X-ray, providing that all such uses have access only from
the interior of the building or structure.
OIL AND GAS OPERATION
The underground exploration for, and commercial extraction
of, crude oil and natural gas.
[Added 5-16-2011 by Ord.
No. 880]
OPEN SPACE
Space not occupied by a structure, open to the sky, and on
the same lot with a building or structure.
[Amended 5-16-2011 by Ord. No. 880]
PARK
A public or private lot or portion thereof that is used for
active and/or passive recreational uses; and includes all landscaping,
facilities and apparatus, playing fields, playgrounds, play equipment,
utilities, buildings and other structures that are consistent with
the general purposes of a park, and whether or not such recreational
facilities are publicly operated or operated by other organizations
pursuant to arrangements to the applicable government unit.
PARKING COMPOUND
A public or private lot, building or structure that is designed
and used for the short-term, daily, or overnight off-street storage
and parking of passenger vehicles. This use shall include surface
parking lots and parking structures including buildings and decks.
PARKING SPACE
A space within an off-street parking compound or within a
dedicated public right-of-way, for the parking of passenger vehicles.
PARKING SPACE, OFF-STREET
A space within a parking compound, for the off-street temporary
storage and parking of passenger vehicles.
PARKS and PLAYGROUNDS
A public or private lot or portion thereof that is used for
active and/or passive recreational uses, including all landscaping,
facilities and apparatus, playing fields, playgrounds, play equipment,
utilities, buildings and other structures that are consistent with
the general purposes of a park, whether such recreational facilities
are publicly operated or operated by other organizations pursuant
to arrangements to the applicable government unit.
[Added 5-16-2011 by Ord.
No. 880]
PATIO
An outside surfaced area at ground level or no more than
eight inches above ground level having no roof and no sides. For the
purpose of the chapter, a patio is not considered a part of the principal
building and is not permitted to extend into any required yards.
PERMANENT FOUNDATION
An underlying prepared base or support of cemented concrete
blocks or similar masonry placed upon a footer upon which a structure
is placed. The foundation must be completely enclosed, exclusive of
half windows, windows or doors, except as otherwise required.
PERMITTED USE
A principal use allowed in a zoning district, subject to
the applicable district regulations.
[Added 5-16-2011 by Ord.
No. 880]
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
[Added 5-16-2011 by Ord.
No. 880]
PERSONAL CARE CENTER
A building or structure, licensed by the Commonwealth of
Pennsylvania, in which food, shelter and personal assistance and/or
supervision by full time, professional resident staff are provided
for a period exceeding 24 hours for nine or more adults who are not
relatives of the operator, who do not require the services in or of
a "nursing home" but who do require assistance or supervision in matters
such as dressing, bathing, diet, financial matters, evacuation of
a residence in the event of an emergency or medication prescribed
for self-administration.
PERSONAL CARE HOME
A building or structure, licensed by the Commonwealth of
Pennsylvania, in which food, shelter and personal assistance and/or
supervision by full-time, professional resident staff are provided
for a period exceeding 24 hours for four to eight adults who are not
relatives of the operator, who do not require the services in or of
a "nursing home" but who do require assistance or supervision in matters
such as dressing, bathing, diet, financial matters, evacuation of
a residence in the event of an emergency or medication prescribed
for self-administration.
PERSONAL SERVICES
Any enterprise providing domestic commodities and services
pertaining to the person, their apparel or personal effects commonly
carried on or about the person, including but not limited to shoe
repair, tailoring, clothes cleaning, watch repairing, barbershops,
beauty parlors and related activities.
PLACE OF ASSEMBLY
Any public or private lot, building or structure that is
designed for the assembly or collection of persons at any one time,
or adapted or used for purpose of assembly, where persons may congregate
for civic, political, religious, educational, social, recreation and
amusement purpose. A place of assembly shall include uses such as
a performing arts theater.
PLACE OF WORSHIP
An establishment wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all buildings accessory
buildings, structures and uses customarily associated with such primary
purpose including rectories, convents and church-related schools and
day-care facilities. Includes synagogue, temple, mosque, or other
such place for worship and religious activities.
PLANNING COMMISSION
The Planning Commission of the City of Lock Haven, Clinton
County, Pennsylvania.
[Added 5-16-2011 by Ord.
No. 880]
PLANT NURSERY
Land and/or greenhouses used to raise flowers, shrubs, trees
and plants for public use or sale or private use.
[Added 5-16-2011 by Ord.
No. 880]
PLAT
A map or layout of a subdivision or land development, whether
preliminary or final.
PORCH
A roofed-over structure projecting from the front, side or
rear wall of a building. For the purpose of this chapter, a porch
is considered a part of the principal building and is not permitted
to extend into any required yards.
POST OFFICE
A facility owned and/or maintained by the United States Postal
Service for the purpose of distributing mail to the public.
PREMISES
Any lot, parcel or tract of land and any building constructed
thereon.
PRINCIPAL BUILDING
A building in which is conducted the principal or main use
of the lot on which it is located, and which is not an accessory building.
PRINCIPAL USE
The main or primary purpose for which a building, other structure
and/or land is used, occupied or maintained under this chapter. All
other structures or uses on the same lot which are supplemental thereto
and permitted under this chapter shall be considered accessory uses.
PRIVATE CLUB
An organization catering exclusively to members and their
guests and not the general public. Private clubs shall include but
not be limited to, educational, fraternal, service and political organizations,
labor unions and social and athletic clubs.
PROPERTY LINE
A recorded boundary of a lot; provided, however, that any
property line that abuts a street or other public way shall be measured
from the edge of the full right-of-way of such street or public way.
[Added 5-16-2011 by Ord.
No. 880]
PUBLIC BUILDING
Any structure used or intended for supporting or sheltering
uses for the public including municipal, county, state and federal
government units.
PUBLIC GROUNDS
Includes:
(1)
Parks, playgrounds, trails, paths and other recreational areas
and other public areas.
(2)
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
(3)
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S. Ch.
7 (relating to open meetings), in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the City. 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, in accordance
with the Pennsylvania Municipalities Planning Code Act of 1968, P.L.
805, No. 247, as reenacted and amended.
PUBLIC RIGHT-OF-WAY
A strip of land acquired by the Commonwealth of Pennsylvania
or the City of Lock Haven via reservation, dedication, forced dedication,
prescription or condemnation and intended to be occupied or occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses,
and maintained by the Commonwealth of Pennsylvania or the City of
Lock Haven.
PUBLIC/PRIVATE WORKS FACILITY
The erection, construction, alteration, operation or maintenance
of buildings, power plants or substations, water treatment plants
or pumping stations, sewage disposal or pumping plants, public transportation
and road maintenance facilities, and other similar public service
structures by a utility, whether publicly or privately owned, or by
a municipal or other government agency, including the furnishing of
electrical, gas, communication, water supply and sewage disposal services.
RAIL YARD
The use of a lot, or building or structure or part thereof
for activities directly associated with the operation of a railway.
Without limiting the generality of the foregoing, such activities
may include loading and off-loading freight, and/or maintenance and
repair of railway cars.
RECREATIONAL EQUIPMENT
Includes travel trailers, pickup coaches, motorized homes
and recreational vehicles as follows:
(1)
BOATA vessel designed or used to travel on water.
(3)
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(4)
PICKUP COACHA structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling, travel, recreational and vacation purposes.
(5)
TRAVEL TRAILERA portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational and vacation purposes and permanently identified as a travel trailer by the manufacturer of the trailer.
RECYCLING COLLECTION POINT, PUBLIC
Any place that serves as a collection point for the temporary
storage of refuse items, such as bottles, cans, and newspapers, from
which resources are recovered at another location.
RESEARCH AND DEVELOPMENT
Any establishment which carries on investigations in the
natural, physical, technical or social science or engineering and
development as an extension of such investigation with the objective
of creating end products.
RESEARCH LABORATORY
A building or groups of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products except
as accessory and incidental to the main purpose of the laboratory.
RESTAURANT
An establishment that sells ready-to-consume food or drink
and that routinely involves the consumption of at least a portion
of such food on the premises. A restaurant may include the accessory
sale of alcoholic beverages. However, if such sales is a primary or
substantial portion of the total trade, the requirement of a "tavern/bar,"
as applicable, must be met.
RETAIL BUSINESS
An establishment located entirely within an enclosed building
which sells goods or merchandise and repair services for goods or
similar merchandise sold on the premises to the general public for
personal, household or office consumption and which shall not include
wholesaling, light industrial or processing of the goods offered for
sale.
ROADSIDE STAND
A temporary or permanent booth, stand or shelter located
along a roadway (but off the road right-of-way), from which farm,
plant nursery or greenhouse products primarily grown or raised on
the adjacent or nearby premises are offered for sale to the general
public.
[Added 5-16-2011 by Ord.
No. 880]
SCHOOL, COMMERCIAL
An academic or nonacademic establishment providing nonacademic
training, vocational or trade-related educational courses and/or programs.
SCHOOL, PUBLIC OR PRIVATE
Any public, sectarian, or private nonprofit establishment
approved by the Commonwealth of Pennsylvania offering formal academic
instruction and/or vocational educational services for state-required
or largely state-funded programs at the kindergarten, elementary,
and secondary levels. This term shall not include those uses considered
commercial schools.
SCREENING
The provision of a barrier to visibility, airborne particles,
glare and noise between adjacent properties uses and/or districts
composed entirely of trees, shrubs, sight-tight fences, walls and/or
other similar type materials.
SETBACK
The distance between a building and any lot line.
SHOPPING CENTER
A group of stores planned, designed and constructed to function
as a unit for the lot on which it is located with off-street parking
provided as an integral part of the unit.
SPECIAL EXCEPTION
A use permitted and approved by the Zoning Hearing Board in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter. Procedures and criteria for granting approval shall comply with provisions of Article
XXIII of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
STABLE, PRIVATE
An accessory building in which horses are raised or kept
for personal use, and not for hire, remuneration or sale.
[Added 5-16-2011 by Ord.
No. 880]
STOOP
A covered or uncovered structure projecting from the front,
side or rear door of a structure not exceeding 25 square feet.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling immediately above
it.
[Added 5-16-2011 by Ord.
No. 880]
STREET
The word "street" includes any 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.
STREET LINE
The dividing line between the street and the lot, usually
referred to as the "right-of-way line."
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of 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, building
or lot development; provided, however, that the subdivision of land
by lease of land for agricultural purposes into parcels of more than
10 acres, and not involving any new street or easement of access or
any residential dwelling, shall be exempted.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 24 inches,
designed, used and maintained for swimming and bathing. Farm ponds
and/or lakes are not included; provided, that swimming was not the
primary purpose for their construction.
TAVERN/BAR
An establishment where the principal use is primarily serving
alcoholic beverages by the drink to the general public mostly for
on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food and packaged beverages
as an accessory use.
TEMPORARY STRUCTURE
A nonpermanent structure or building which is permitted or
authorized to be located on a lot for a specified duration.
[Added 5-16-2011 by Ord.
No. 880]
TEMPORARY USE
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
THEATER
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or uses
considered adult mini-motion and motion-picture theaters.
TREATMENT CENTER
A use (other than a "correctional facility" or "criminal
housing facility" or "halfway house" as otherwise defined in this
article) providing housing facilities for persons who need specialized
housing, treatment and/or counseling because of: a conviction or convictions
for driving under the influence of alcohol; chronic abuse of or addiction
to alcohol and/or a controlled substance; or a type of mental illness
or other behavior that can reasonably be expected to cause a person
to be a threat to the physical safety of themselves or others.
[Added 7-11-2016 by Ord.
No. 955]
TRUCK REPAIR AND SERVICE FACILITY
An establishment providing towing, repair, service, inspection,
washing of, and/or other similar services for trucks. Such a use may
include the sale of lubricants, tires, batteries, motor fuel and other
petroleum products, truck accessories and equipment. This use shall
include temporary storage of wrecked and inoperable vehicles awaiting
repair.
TRUCK STOP/TRAVEL PLAZAS
A premises used for the refueling, maintenance and/or service
activities for such vehicles and their drivers. These activities or
services may include, but are not limited to, dispensing motor fuels
and petroleum products directly into motor vehicles, restaurants or
cafes, overnight accommodations, showers or laundry facilities, truck
services, including repair services, overnight truck parking and vehicle
washing.
[Added 4-2-2018 by Ord.
No. 986]
TRUCK TERMINAL
An area or structure where trucks load and unload goods,
products, cargo, materials and/or freight and where the same may be
broken down or aggregated into smaller or larger loads for transfer
to other motor vehicles or modes of transportation or to other points
or junctions. This use may include servicing and truck repair facilities,
fueling, dispensing, storage of petroleum products and overnight accommodations.
Truck "dropoff lots," "drop-and-hook lots" or similarly defined facilities
shall be governed under this definition.
UNIVERSITY HOUSING
Housing offered by colleges and/or universities to accommodate
students in attendance at the university to include, but not limited
to, dormitory housing and dwelling-type housing. Said housing must
be located on a lot owned by the college and/or university or by a
college and/or university foundation.
UNIVERSITY/COLLEGE
An educational establishment, authorized by the Commonwealth
of Pennsylvania as such to award associate, baccalaureate or higher
degrees, including principal uses for classrooms, libraries, auditoriums,
gymnasiums, stadiums, administrative offices, dormitories and dining
facilities, boarding houses, maintenance and operating facilities,
as well as ancillary uses, such as research facilities, retail services
and businesses that support student, faculty and staff needs.
USE
The specific purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, or intended,
or for which it is or may be occupied or maintained.
VARIANCE
Relief granted by the Zoning Hearing Board from the technical provisions of this chapter, which if strictly adhered to would inflict unnecessary hardship upon the applicant. Procedures and criteria for granting such relief shall comply with provisions of Article
XXIII of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
WAREHOUSE
An establishment used primarily for the indoor storage and
handling of products, supplies, equipment, but not including the maintenance
or fueling of commercial vehicles.
WAREHOUSING, DISTRIBUTION AND WHOLESALING
A use engaged in the storage, wholesale and/or distribution
of manufactured products, supplies and equipment, but excluding bulk
storage of materials that are inflammable or explosive or that create
hazard or commonly recognized offensive conditions, and also excluding
any heavy equipment or truck washing, servicing and/or repair, unless
such uses are specifically permitted in that zoning district. Wholesaling
of products, supplies and equipment shall not be open to or accessible
by the general public, unless incidental to the principal warehousing
operation.
YARD
An open space from grade level to the sky unoccupied by a
building or structure.
YARD, FRONT
The open space extending the entire width of the lot between
the front building line of the principal building and the street right-of-way.
YARD, REAR
The open space extending from the rear of the principal building
to the rear lot line (not necessarily a street line) throughout the
entire width of the lot.
YARD, SIDE
The open space extending from the side of the principal building
to the side lot line through the entire depth of the building.
ZONING
A police power measure, enacted pursuant to the Pennsylvania
Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended by the City of Lock Haven, in
which the City is divided into districts or zones within which permitted
and special uses are established as well as regulations governing
lot size, building bulk, placement and other development standards.
ZONING DISTRICT
A section of the City designated by and pursuant to this
chapter via text and delineated on a related map, in which requirements
for the use of land and building and development standards are prescribed.
ZONING HEARING BOARD
The Zoning Hearing Board of the City of Lock Haven as duly
constituted by and established pursuant to the Pennsylvania Municipalities
Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
ZONING MAP
The Official Zoning Map of the City of Lock Haven, Clinton
County, Pennsylvania, together with all notations, references and
amendments which may hereafter be enacted. Said map is made a part
of this chapter.
[Added 5-16-2011 by Ord.
No. 880]
ZONING OFFICER
The individual authorized by the City Council to administer
and enforce this chapter in accordance with its literal terms.
ZONING PERMIT
The permit required by this chapter which states the purpose
for which a building, structure, or land is proposed to be used is
in conformity with the use regulation, the dimensional requirements,
and all other applicable provisions of this chapter.
[Added 5-16-2011 by Ord.
No. 880]