For the purposes of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A.
The present tense includes the future tense.
B.
The singular includes the plural, and the plural number includes
the singular.
C.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation as well as an individual.
D.
The word "shall" is mandatory, the word "may" is permissive.
E.
The word "lot" includes the words "plot," "piece" and "parcel."
F.
The word "building" includes all other structures.
G.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, maintained,
or designed to be used or occupied."
H.
Except to the extent that they have been modified herein, the definitions
contained in 68 Pa.C.S.A. § 5502 also are incorporated by
reference in their entirety and made a part of this chapter.
[Added 11-12-2008 by Ord.
No. 3-2008]
I.
The words and phrases set forth in Section 107 of the Municipalities
Planning Code,[1] which is entitled "Definitions," are hereby incorporated
by reference in their entirety as part of this chapter. To the extent
that any word or phrase or definition in this chapter prior to this
amendment conflicts with the same word or phrase or definition in
the Municipalities Planning Code, the word or phrase or definition
in this chapter prior to this amendment shall be deemed to be superseded,
repealed and replaced by the word or phrase or definition in the Municipalities
Planning Code.
[Added 10-13-2014 by Ord.
No. 2-2014]
[1]
Editor's Note: See 53 P.S. § 10107.
J.
ACCESSORY BUILDING OR USE
ADULT ARCADE
ADULT BOOKSTORE
ADULT CABARET
(1)
(2)
(3)
ADULT DANCE STUDIO
ADULT MOTEL
(1)
(2)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ALTERATIONS, STRUCTURAL
APPLICANT
AREA, BUILDING
AREA, NET SITE
BASEMENT
BLOCK
BUILDING
BUILDING, FRONT LINE OF
BUILDING HEIGHT OF
BUILDING, PRINCIPAL
BUILDING, RESIDENTIAL
CARPORT
CELLAR
CHURCH
CLUB OR LODGE, PRIVATE
CODE ENFORCEMENT OFFICER
COMMUNICATIONS ANTENNA
COMMUNICATIONS FACILITY
COMMUNICATIONS TOWER
COMMUNITY CENTER
CONDITIONAL USE
COUNCIL
COURT
COVERAGE
CURB LEVEL
DEVELOPER
DWELLING
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING UNIT
DWELLING, ONE-FAMILY
DOG KENNEL
DWELLING, TWO-FAMILY
DWELLING, MULTIPLE-FAMILY
ESTABLISHMENT, BUSINESS OR COMMERCIAL
FAMILY
FCC
FENCE, WALL
FLOOR AREA OF A BUILDING
FRONTAGE
GARAGE, PRIVATE
GROUP HOME
HOME, MOBILE
HOME OCCUPATION
INSTITUTIONAL SCHOOL
LANDOWNER
LOT
LOT, CORNER
LOT, INTERIOR
LOT, THROUGH
LOT AREA
LOT DEPTH
LOT WIDTH
LOT OF RECORD
LOT, ZONING
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
MASSAGE PARLOR
NONCONFORMING, LAND, BUILDING OR STRUCTURE
NONCONFORMING LOT
NUDE MODEL STUDIO
NUDITY or STATE OF NUDITY
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC; PARKING LOT, PUBLIC
PLAT
PLANNED DEVELOPMENT
PROFESSIONAL OFFICE
PUBLIC HEARING
RETAIL
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SIGN
(1)
(2)
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, FLASHING
SIGN, GROSS SURFACE AREA OF
SIGN, NAMEPLATE
SIGN, REAL ESTATE
SPECIAL EXCEPTION
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
(5)
STREET
STREET LINE
STORY
STRUCTURE
STRUCTURE, TEMPORARY
TERRACE
USE
USE, PRINCIPAL
VARIANCE
(1)
(2)
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING ORDINANCE
Terms.
An "accessory building or "use" is one which:
Any place to which the public is permitted or invited wherein
coin-operated or slug operated or electronically, electrically 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 depicting or describing
specified sexual activities or specified anatomical areas.
[Added 11-12-2008 by Ord.
No. 3-2008]
A commercial establishment having a substantial or significant
portion of its stock-in-trade including books, magazines, photographs
or other materials, which are distinguished and characterized by their
evidence of matters depicting, describing or relating to the specified
sexual activities or specified anatomical areas defined herein or
an establishment with a segment or section devoted to the sale or
display of such materials.
[Added 11-12-2008 by Ord.
No. 3-2008]
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
[Added 11-12-2008 by Ord.
No. 3-2008]
Persons who appear in the state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes or discs, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
Any commercial establishment which provides for the members
of the public a partner for dance where the partner is in a state
of nudity or where the partner or the dance is characterized by an
emphasis on matter depicting or describing or relating to specified
sexual activities or specified anatomical areas.
[Added 11-12-2008 by Ord.
No. 3-2008]
A hotel, motel or similar commercial establishment which:
[Added 11-12-2008 by Ord.
No. 3-2008]
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmission, films,
motion pictures, video cassettes or discs, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, and
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes or discs, slides, or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 11-12-2008 by Ord.
No. 3-2008]
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
[Added 11-12-2008 by Ord.
No. 3-2008]
Any change, other than incidental repairs, which would prolong
the life of the supporting members of a building, such as bearing
walls, columns, beams or girders.
A landowner or developer, as defined by the Municipalities
Planning Code, who has filed an application for development, including
his heirs, successors and assigns.
[Added 10-13-2014 by Ord.
No. 2-2014]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets.
The space enclosed by the foundation or ground floor walls
of a building partly below the average level of the adjacent ground.
A basement shall not be counted as a story for purposes of height
measurement unless 1/2 or more of its volume is above the average
level of the adjacent ground, or unless it is designed or used legally
for living quarters.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shore-lines
of waterways, or corporate boundary lines of the Borough of Whitaker.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or other property.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps or uncovered porches
or terraces not exceeding 30 inches in height.
No. 1 Application of Height Regulations to Different Types
of Roofs
|
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge for gable, hip,
and gambrel roofs and to the highest point of any other type of roof.
Chimneys, spires, masts, elevator shaft tanks and similar projects
shall not be included in the height, provided that any such projection
shall not have an aggregate area greater than 25% of the roof area.
(See Illustration No. 1.)
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any building which is arranged, designed, used, or intended
to be used for residential occupancy by one or more families and which
include the following types (see Illustration No. 2.):
A structure arranged, designed, used or intended to be used
for the shelter of a car and which includes a roof attached to the
side or back of a principal building or supported by four columns
and which is open on two or more sides from the roof to the ground
over which it stands. It may also include a paved area. A carport
shall not exceed 15 feet in height.
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 1/3 of the walls are five
feet or more above the average exterior grade.
A building used as a place of religious worship or teaching
(except rescue mission, temporary revival structure, or retreat house).
The term "church" shall be construed to include synagogue or temple.
A nonprofit association of persons, who are bona fide members
paying annual dues, which owns, hires or leases a building, or portion
thereof, the use of such structures being restricted to members and
their guests. It shall be permissible to serve food and meals on such
premises providing adequate dining room space and kitchens are available.
The sale of alcoholic beverages to members and their guests shall
be allowed providing such sale is secondary to the operation of the
dining room for the purpose of serving food or meals, and further
provided that such sale of alcoholic beverages is in compliance with
applicable federal, state and municipal laws.
The duly appointed or authorized representative or delegate
of the Borough charged with the enforcement of ordinances of the Borough
except for those duties and responsibilities specifically assigned
to the Building Inspector by the ordinance.
[Added 11-8-2006 by Ord.
No. 8-2006]
An instrument intended for use in the wireless transmission
or in the gathering of data, or relaying of any portion of the electromagnetic
spectrum, including television, radio, telephonic, cellular, or any
other type of communicative transmission which is to be affixed to
a tower, building or structure, and including the equipment necessary
for its use, but not including any structure for signal reception
only, excluding such wireless transmission or receiving instruments
licensed by the Federal Communications Commission (FCC) exclusively
for private use and not subject to local regulation.
[Added 10-13-2014 by Ord.
No. 2-2014]
The equipment and structures (including but not limited to
communications towers, antennae and telecommunications equipment buildings)
involved in the reception and/or transmission of electromagnetic or
radio waves.
[Added 10-13-2014 by Ord.
No. 2-2014]
A structure other than a building such as a monopole, self-supporting
or guyed tower, designed and used to support a communications antenna.
[Added 10-13-2014 by Ord.
No. 2-2014]
A building publicly, quasi-publicly, or privately used and
maintained with facilities devoted exclusively to a variety of group
activities, civic, social, recreational, educational, and/or cultural,
provided that it shall not include living quarters for persons other
than those engaged in the conduct of it, and that it shall not be
operated for profit.
The Borough Council of Whitaker Borough.
[Added 10-13-2014 by Ord.
No. 2-2014]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
That percentage of the plot or lot area covered by the building
area. (See Illustration No. 3.)
No. 3. Percentage of Lot Coverage
|
The level of the established curb in front of a building
measured at the center of such front.
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.
[Added 10-13-2014 by Ord.
No. 2-2014]
A building, or portion thereof, but not an automobile house
trailer, designed or used exclusively for residential occupancy, including
one-family dwellings, two-family dwellings, and multiple-family dwellings,
but not including hotels or lodging houses. (See Illustration No.
2.)
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
A dwelling which is entirely surrounded by open space on
the same lot.
One or more rooms in a residential building which are arranged,
designed, used, or intended for use as living quarters for one family.
A dwelling unit shall have permanent facilities for sleeping, cooking
and eating.
A building designed or used exclusively for occupancy by
one family and includes one-family detached dwelling and one-family
group or row houses.
Under the terms of this chapter, a dog kennel is any establishment
or real estate site where four or more dogs are housed, located, boarded,
bred, or kept. Under the terms of this chapter, there shall be no
distinction between a boarding kennel, a breeding kennel, a nonprofit
kennel, a pet shop kennel, or a private kennel, as that distinction
is made in the Dog Law of the Commonwealth of Pennsylvania.[3] A dog kennel shall only be allowed in an industrial district
which is located in the geographic area north of Route 837, also known
as "River Road."
A building designed or used exclusively for occupancy by
two families.
A building, or portion thereof, containing three or more
dwelling units.
A place of business carrying on operations, the ownership
and management of which are separate and distinct from those of any
other place of business located in the same zoning lot or on adjacent
zoning lots. Direct access to each business or commercial establishment
shall be separate from direct access to any other business or commercial
establishment, and in no case shall there be access to one such establishment
from within another such establishment.
One or more persons related by blood, marriage or adoption,
and in addition, any domestic servants or gratuitous guests thereof,
or group of not more than five persons who need not be related by
blood, who are living together in a single dwelling unit and maintaining
a common household.
The Federal Communications Commission.
[Added 10-13-2014 by Ord.
No. 2-2014]
Any barrier constructed of wood, metal, wire, mesh, plastic
materials or masonry or any barrier consisting of a planted thicket
of bushes that is erected for the purpose of screening, privacy, protection,
delineation or confinement of zoning lot.
[Amended 11-8-2006 by Ord. No. 8-2006]
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
All the property, measured along the street line, fronting
on one side of a street between intersecting or intercepting streets,
or between a street and a right-of-way or waterway or the end of a
dead-end street or the Borough boundary. An intercepting street shall
determine only the boundary of the frontage on the side of the street
which it intercepts.
A detached accessory building or a portion of a main building
for the parking or storage only of automobiles belonging to the occupants
of the premises. One commercial vehicle which does not exceed 3/4
tons in capacity and is used solely by the occupants may be stored
in a private garage.
A residence where a group of people, who are legally handicapped,
reside together under the supervision of a public agency.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two integral units capable of again being separated for repeated towing,
which arrives at the site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations and constructed
so that it may be used with or without a permanent foundation, and
is capable even if placed on a permanent foundation, or being removed
by a reassembling of the unit.
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use other than a small nameplate and in connection therewith there
is not involved the keeping of a stock-in-trade. The office of a physician,
surgeon, dentist, or other professional person, including violin,
piano or other individual musical instrument limited to a single pupil
at a time, who offers skilled services to clients, which shall include
an occupation carried on in control solely by the dwellers therein
such as gunsmithing, archery repairing, dressmaking, millinery or
seamstress, real estate and insurance, beauty parlors, each with not
more than one paid assistant, shall be deemed to be home occupations.
Dancing instruction, band instrument instruction in groups, tea rooms,
tourist homes, convalescent homes, mortuary establishments, and stores,
trades or businesses of any kind not herein excepted shall not be
deemed to be home occupations. The display, storage, or sale of goods,
signs, or advertisement of commodities or services related to the
conduct of a retail business is not a home occupation.
Any public, parochial, or private place of instruction excluding
institutions of higher learning, having regular sessions, with regularly
employed instructors or teachers certified by the Department of Education
in accordance with the standards as the State Board of Education establishes,
which teaches those academic subjects that are fundamental and essential
in general education and which provide kindergarten, elementary, or
secondary stages of education, or a vocational school under the supervision
of the commonwealth or lawfully constituted ecclesiastical governing
body and with standards of instruction meeting the requirements of
the Commonwealth of Pennsylvania, whose enrollment consist of pupils
or students of which 10% or more are in a penal, reformatory, or probationary
program, or are suffering from mental derangement or drug or alcohol
addiction.
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.
[Added 10-13-2014 by Ord.
No. 2-2014]
Parcel of land occupied, or designed to be occupied, by one
building, and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such building. A lot may or may not be
the land shown as a lot on a duly recorded plat. (See Illustration
No. 4.)
Any lot situated at the intersection of two or more streets
having an angle of intersection of not more than 135°. A lot abutting
on a curved street shall be deemed a corner lot if the tangents to
the curve at its points of beginning within the lot or at the points
of intersection of the side lot lines with the street line intersect
at the interior angle of less than 135°. A corner lot shall maintain
front yard requirements along the street upon which the principal
building faces. Side yard requirements for a principal building on
the intersecting street or streets shall not be less than 1/2 of the
front yard requirements along said street(s). Yard requirements for
accessory buildings on corner lots shall not be less than the front
yard requirements for adjoining lots. (See Illustrations No. 4 and
No. 5)
A lot other than a corner lot with only one frontage of a
street other than an alley. (See Illustration No. 4.)
A lot other than a corner lot with frontage on more than
one street other than an alley. (See Illustration No. 4.)
The area of a horizontal plane bounded by the front, side,
and rear lot lines.
The mean horizontal distance between the front lot line and
the rear lot line of the lot measured within the lot boundaries.
The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured across the rear of
the required front yard, provided however that the width between side
lot lines at their foremost points (where they intersect with street
lines) shall not be less than 80% of the required lot width except
in the case of lots on the turning circle of culs-de-sac, where the
80% requirement shall not apply.
An area of land designated as a lot on a plat of subdivision
or described on a deed duly recorded or registered, pursuant to statute
with the Recorder of Deeds of Allegheny County.
No. 4. Different Types of Lots
|
No. 5. Corner Lot Yard Requirements
|
A single tract of land located within a single block, which
(at the time of filing for a building permit) is designed by its owner
or developer as a tract to be used, developed or built upon as a unit,
under single ownership or control, and therefore may not coincide
with a lot of record.
That boundary of a lot which is along an existing or dedicated
public street, or where no public street exists, is along a public
way.
That boundary of a lot which is most distant from and is
most nearly parallel to, the front lot line.
Any boundary of a lot which is not a front or rear lot line.
A commercial establishment where, for any form of consideration,
a massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or other treatment manipulation of the human
body which occurs as a part of or in connection with specified sexual
activities or specified anatomical areas. The definition of "massage
parlor" shall not include a hospital, medical treatment facility or
other facility where massages are given by a person licensed or certified
by the Commonwealth of Pennsylvania.
[Added 11-12-2008 by Ord.
No. 3-2008]
Nonconforming any use of land, building or structure which
does not comply with all of the regulations of this chapter governing
use for the zoning district in which such use is located to date of
the enactment of this chapter.
A lot existing in the Borough of Whitaker which is not in
conformance, does not comply with all of the regulations or standards
of this chapter or zoning district in which such lot is located at
the date of the enactment of this chapter.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration, except
when:
[Added 11-12-2008 by Ord.
No. 3-2008]
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast.
[Added 11-12-2008 by Ord.
No. 3-2008]
An open off-street area other than a private road or way,
(with adequate means of access), used exclusively for the parking
of automobiles of occupants of the premises, including a) residents
or b) employees and employers.
An open off-street area other than a private road or way
(with adequate mans of access), available to the general public for
the parking of automobiles or motor vehicles.
A map, plan or layout of a (city, Borough, township, section
or subdivision) indicating the location and boundaries of individual
properties.
A tract of land at least five acres in Zoning District 3,
which is developed as a unit under single ownership or control, and
which includes two or more principle buildings.
Any office of recognized professions such as doctors, dentists,
lawyers, architects, engineers, artists, musicians, designers, teachers,
and others who through training are qualified to perform services
of a professional nature.
A formal meeting held pursuant to public notice by the Borough
Council or Borough Planning Committee, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
[Added 10-13-2014 by Ord.
No. 2-2014]
The sale of relatively small quantities of commodities and
services directly to consumers.
A business or commercial enterprise that as one of its primary
business purposes offers for any form of consideration:
[Added 11-12-2008 by Ord.
No. 3-2008]
An adult arcade, adult bookstore, adult cabaret, adult dance
studio, adult motel, adult motion-picture theater, adult theater,
massage parlor, nude model studio or sexual encounter center.
[Added 11-12-2008 by Ord.
No. 3-2008]
A name, identification, description, display, or illustration
which is affixed to, or painted, or represented directly or indicated
upon a building, structure or piece of land which directs attention
to an object, product, place, activity, person, institution, organization,
or business.
The term "sign" does not apply to religious, patriotic, fraternal,
national, public or quasi-public building, cultural symbols, if unaccompanied
by lettering, when applied to the cornice, wall, tower, or spire of
a place of worship, or upon the building structure.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where such sign is located, or to which it is affixed.
A sign which directs attention to a business or profession
conducted or to a commodity or service sold or offered upon the premises
where such sign is located or to which it is affixed.
Any illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and color at all
time.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of same. However, such perimeter shall
not include any structural elements lying outside the limits of such
sign and not forming an integral part of the display.
An identification sign on a building or structure or adjacent
thereto in the form of a lettered plate indicating only the name,
number and title of the occupant of the premises.
An outdoor structure, paper, board, or other lettered surface
appertaining only to the rental, lease or sale of the property on
which it is located.
A use that would not be appropriate generally or without
restriction throughout a zoning district but which, if controlled
as to number, area, location, or relation to the neighborhood, would
promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity, general welfare. Such uses may
be permitted in such zoning districts as special exceptions, if approved
by the Zoning Hearing Board in accordance with the provision of this
chapter.
Areas of the human body less than completely opaquely covered
and limited to:
[Added 11-12-2008 by Ord.
No. 3-2008]
Any of the following:
[Added 11-12-2008 by Ord.
No. 3-2008]
Sexual acts (actual or simulated), including sexual intercourse,
oral copulation, or sodomy;
Fondling or other erotic touching of human genitals, pubic regions,
buttocks, anus, or female breasts;
Acts of masturbation (actual or simulated);
Human genitals in as state of sexual stimulation, arousal or
tumescence;
A public right-of-way which affords a primary means of access
to abutting property.
The right-of-way line of a street.
That part of a building included between the surface of any
floor and the surface of the next floor above, or if there is no floor
above, the space between the floor and the ceiling next above. A basement
shall be counted as a story when more than 1/2 of such basement height
is above the finished lot grade level.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Structures include, but are not limited to, buildings, garages,
walls, fences, signs, etc.
Any structure which by the type and materials of its construction
is erected for not more than two years. Such structures shall include
tents, portable band stands, bleachers not erected in conjunction
with athletic fields, reviewing stands, or other structures of similar
character.
A natural or artificial embankment between a building and
its lot lines, the height of which is the difference in elevation
between the curb level and the top of the terrace at the center of
the building wall.
No. 6. Yards on Rectangular Lots
|
No. 7. Yards on Non-Rectangular Lots
|
The purpose or activity for which the land, or building thereon,
is designed, arranged or intended, or for which it is occupied or
maintained.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
A variance is a relaxation of the terms of the zoning ordinance
where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of the actions of the applicant, a literal enforcement of the ordinance
would result in unnecessary and undue hardship (provided the five
criteria of the Municipal Code are met). As used in this chapter,
a variance shall be authorized only for height, area, and size of
structure or size of yards and open spaces.
Establishment or expansion of a use otherwise prohibited shall
not be allowed by variance, nor shall a variance be granted because
of the presence of nonconformities in the zoning district or adjoining
district.
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences
and walls may be permitted in any yard subject to height limitations
as indicated in this chapter. (See Illustrations No. 5 and 6.)
A yard extending across the full width of the lot and abutting
the front lot line. The required minimum depth of the front yard shall
be the horizontal distance between the front lot line and a line parallel
thereto known as the front line of the buildable area of the lot.
(See definition for "lot, corner" and Illustration No. 5. See also
Illustrations No. 6 and No. 7.)
A yard extending between the side yards of the lot and abutting
the rear lot line. The required minimum depth of the rear yard shall
be the horizontal distance between the rear lot line and a line parallel
thereto known as the rear line of the buildable area of the lot. (See
Illustrations No. 6 and No. 7.)
A yard extending between the rear line of the front yard
and the rear lot line and abutting the side lot line. The required
minimum width of the side yard shall be the horizontal distance between
the side lot line and a line parallel thereto known as the side line
of the buildable area of the lot. If no front yard is required, the
front lot line shall be the front boundary of the side yard. In the
case of through lots, side yards shall extend between the rear lines
of the front yards required. In the case of corner lots, the yards
remaining after the full and half-depth front yards have been established
shall be considered to be side yards. (See definition for "lot, corner"
and Illustration No. 5. See also Illustrations No. 6 and No. 7.)
The Whitaker Borough of Zoning Ordinance, Ordinance No. 3
of 1993.
[Added 10-13-2014 by Ord.
No. 2-2014]
