Borough of Emmaus, PA
Lehigh County
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[Ord. 776, 6/21/1993, § 201]
For the purposes of this chapter, words and terms used herein shall be interpreted as follows:
Words in the present tense shall include the future tense.
"Used" or "occupied" as applied to any land or building, include the words "intended, arranged, or designed to be used or occupied."
"Should" means that it is strongly encouraged but is not mandatory. "Shall" is always mandatory.
"Sale" shall also include rental.
The singular shall include the plural and vice-versa. The masculine gender shall include the feminine and neuter, and vice-versa.
If a word is not defined in this chapter but is defined in the Borough Subdivision and Land Development Ordinance [Chapter 22], as amended, the definition in that Ordinance shall apply. If a word is defined in both this chapter and another Borough ordinance, each definition shall apply to the provisions of each applicable ordinance.
Any word or term not defined in this chapter or in the Borough Subdivision and Land Development Ordinance [Chapter 22], as amended, shall be used with the meaning of standard usage within the context of the section.
The words "such as," "includes," "including" and "specifically" shall provide examples. These examples shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.
[Ord. 776, 6/21/1993, § 202; as amended by Ord. 802, 9/19/1994, § 1; by Ord. 830, 5/6/1996, § 4; by Ord. 937, 11/5/2001, § 4; by Ord. 940, 1/7/2002, §§ 1-3; by Ord. 994, 6/6/2995, §§ 3,4; by Ord. 1009, 12/4/2006; and by Ord. 1083, 12/19/2011]
When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street or a perennial waterway. See definition of "adjacent."
An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.
[Added by Ord. 1153, 2/6/2017]
A privately-owned, constructed and maintained vehicular access roadway accessing more than one dwelling unit or more than one commercial, institutional or industrial principal use. See also "driveway."
One combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include accessways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.
A building (such as a private garage, private tool shed, children's playhouse or noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes that are clearly customarily incidental to the use of the principal building. A portion of a principal building used for an accessory use shall not be considered an accessory building.
A structure, such as a private garage or private swimming pool, serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
Forty three thousand five hundred sixty square feet.
Includes contiguous lots that share a common lot line or that are separated only by a street or waterway.
A use with a significant portion of the market value of or total number of items for sale or rent being books, films, magazines, video tapes, coin- or token-operated films, novelties, items, paraphernalia or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, describing, displaying or relating to uncovered male or female genitals or "specified sexual activities" (see definition). This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.
A use providing supervised care and assistance primarily to persons who are over age 60 and/or are not in good physical health, are suffering from Alzheimer's disease, are developmentally disabled and/or are physically handicapped, and who need such daily assistance because of such condition. This use shall not include persons who need oversight because of behavior that is criminal or violent to others. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
A use including live entertainment involving persons (which may include, but is not limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or nearly nude female breasts (including but not limited to the wearing of only "pasties") or engaging in simulated or actual "specified sexual activities" related to some form of monetary compensation paid to a person, company or organization operating the use or to persons involved in such activity.
A use involving the presentation typically to three or more persons at one time of motion pictures, video tapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of "specified sexual activities" for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter. A theater that only shows such films or video tapes for a maximum of 14 days in any calendar year shall not be considered an "adult movie theater."
This shall include only the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use.
A commercial use or membership club that permits the consumption of alcohol and is routinely open between the hours of 2:00 a.m. to 4:00 a.m., in addition to any other hours. See State Act 219 of 1990, which generally prohibits this use.
"Crop farming," "plant nursery" and "raising of livestock." See definition of each.
A public thoroughfare having a right-of-way width of 20 feet or less, regardless of the name of such thoroughfare.
Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such structure from one location to another.
An indoor commercial use with four or more electronic machines for amusement or entertainment, with such machines activated by the use of tokens or coins.
Shall have the same meaning as "veterinarian office."
A device, partially or wholly exterior to a building, that is used for receiving and/or transmitting electronic signals or short-wave or citizens band radio frequencies, and which is not a "commercial communications antennae" and other than a "satellite antennae." This includes any accessory supporting structures.
See "dwelling types."
The person(s), company, partnership, profit or nonprofit corporation or trust responsible for a particular application for an approval or permit under this chapter, and his/her heirs, successors and assigns.
A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition of a movie theater, adult live entertainment use or standard or fast-food restaurant.
A building or area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles or boats or transportable manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a manufactured home park or a junkyard.
A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." This use shall not include a use meeting the definition of a "truck stop."
A building and/or land where gasoline is sold, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits in § 27-402.
An enclosed floor area partly or wholly underground, other than a building which is completely underground. A basement shall be considered a "story" if:
The majority of the basement has a clearance from floor to ceiling of six feet or greater; and,
The roof of the basement is an average of four or more feet above the finished grade of the front side of the building that faces onto a street.
The use of a single-family detached dwelling and/or accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for a maximum of 10 temporary guests at any one time, and which does not provide any cooking facilities or provision of meals for guests other than breakfast. This use shall only include a use routinely renting facilities for a maximum of seven days in any month to any person(s) and shall primarily serve transient visitors to the area.
A use where lawful gambling activities are conducted including, but not limited to, off-track pari-mutuel betting. This term shall not include betting under the State Lottery programs or betting under the "Small Games of Chance" provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a "membership club").
The Zoning Hearing Board of the Borough of Emmaus.
A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation by a total of two or more persons; or,
A dwelling unit includes greater than the permitted maximum number of unrelated persons.
A boarding house shall not include a use that meets the definition of: a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.
Emmaus Borough, Lehigh County, Pennsylvania.
The Borough Council of the Borough of Emmaus.[1]
A strip of land that:
Separates one use from another use or feature; and,
Is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways.
A buffer yard may be a part of the minimum setback distance but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement.
Any structure having a permanent roof and intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.
The percentage obtained by dividing the maximum horizontal area in square feet of all principal and accessory buildings and attached structures covered by a permanent roof on a lot by the total lot area of the lot upon which the buildings are located.
A building used for the conduct of the principal use of a lot and which is not an accessory building.
The horizontal measurement between the two most distant portions, other than portions measured diagonally, of any one building or of attached buildings.
See "setback line."
The horizontal measurement between two structural walls of one building that are generally parallel, measured in one general direction that is most closely parallel to the required lot width. For a townhouse, this width shall be the width of each dwelling unit.
A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of non-recycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a "junkyard."
Storage beyond what is reasonably needed for customary use on site. This includes storage of substances intended to be sold or re-sold for use off site.
The individual designated by a patient to deliver medical marijuana.
[Added by Ord. 1153, 2/6/2017]
A roofed building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides by walls or doors. If any portion of a carport is attached to a principal building, it shall be considered to be part of that building.
The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.
Land or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains of properly cremated humans is not regulated by this chapter.
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth.
[Added by Ord. 1153, 2/6/2017]
Includes chairman, chairwoman, chair and acting chairperson (when applicable).
An establishment engaged primarily in the cashing of checks by individuals for the deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; or the offering of a loan until a paycheck would be received by the person receiving the loan. This term shall not include any of the following: (a) a state or federally chartered bank, savings association, credit union, or industrial loan association, or (b) a retail store engaged primarily in selling or leasing items to retail customers and/or cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers incidental to the retail store principal use.
A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale of trees from November 15 to December 30 that were produced on the premises.
A distinct bowl-shaped depression in the land surface; it is characterized by varying magnitude, an unbroken ground surface around the perimeter and internal drainage.
A logging method that removes all trees or the vast majority of all trees from a tract of land or a portion thereof.
An entity that:
[Added by Ord. 1153, 2/6/2017]
Holds a permit both as a grower/processor and a dispensary; and
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals. Commercial communications towers include, but are not limited to, antenna used for transmitting commercial radio or television signals or cellular telephone communications or for transmission of a high-speed internet signal, but shall not include an amateur radio antenna.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antenna or amateur radio equipment, including, without limitation, HAM or citizen band radio antennas. This definition does not include small wireless facilities (SWF) as separately defined and regulated in this chapter.
[Amended by Ord. No. 1202, 8/17/2020]
The B-H, B-C and B-L Zoning Districts.
An antenna used solely for the transmission of a high-speed internet signal and for no other use, including, but not limited to, cellular telephone communications. This shall also include the accessory equipment used to operate the antennas. This definition does not include small wireless facilities (SWF) as separately defined and regulated in this chapter.
[Amended by Ord. No. 1202, 8/17/2020]
A use that:
Has a total building coverage of less than 15%.
Is used principally for active or passive recreation (such as a driving range); and,
Is used for a profit-making purpose.
Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.
The Planning Commission of the Borough of Emmaus.
A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses or a "treatment center."
The collection and processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product.
The document entitled the Emmaus Borough Comprehensive Plan, or any part thereof, adopted by the Borough Council, as amended.
A use which is allowed or denied by the Borough Council within the provisions of Part 1, after review by the Planning Commission.
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 proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under either the Pennsylvania Unit Property Act of 1963 or the Pennsylvania Uniform Condominium Act of 1980, as amended, 68 Pa.C.S.A. § 3301 et seq.
Includes the placing of construction materials in permanent position and fastening in a temporary or permanent position and/or the demolition of a pre-existing building.
A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 4,000 square feet. This use may also include the accessory sale of gasoline, provided the requirements for an "auto service station" are also met.
To change or adapt land or structures to a different use.
The County of Lehigh, Commonwealth of Pennsylvania.[2]
An alcoholic beverage product manufactured by a small, independent and privately held brewery, winery or distillery with a principal office for doing business or a craft beverage production facility located in the Borough of Emmaus and subject to regulation and licensing by the Commonwealth of Pennsylvania. This term shall include wine, liquor, mead, malt or brewed beverages, potable distilled spirits and other, similar alcoholic drinks or drinkable liquids, all as defined in the Pennsylvania Liquor Code.[3]
[Added by Ord. 1128, 7/27/2015]
A small, independent facility that manufactures craft beverages (as defined herein) and whose flavor derives from traditional or innovative ingredients, manufacturing techniques and their fermentation. In the case of malt or brewed beverages, the manufacture shall not exceed 40,000 barrels annually. Permitted activities of a craft beverage production facility may include what is commonly known as a "tasting room" for the purpose of tasting, or otherwise sampling, and promoting the sale of its craft beverages to consumers. A craft beverage production facility may offer its product for retail and wholesale distribution and shall meet all applicable licensing requirements of governmental agencies.
[Added by Ord. 1128, 7/27/2015]
A restaurant, which may include what is commonly known as a "tasting room," owned, operated and maintained by the owner(s) of a craft beverage production facility which, in addition to food, sells or dispenses craft beverages manufactured by the craft beverage restaurant owner or a craft beverage production facility in common ownership with the craft beverage restaurant owner. Such sales may include the sale of craft beverages for on-site and off-site consumption as well as off-site wholesale distribution. It is not necessary that the craft beverage be manufactured on site; however, the product may be manufactured on site and dispensed from storage tanks or other vessels directly to consumers. To constitute a craft beverage restaurant, the total beverage alcohol volume sold shall be in craft beverage product manufactured by the owner(s) of the craft beverage restaurant. A craft beverage restaurant shall meet all applicable licensing requirements of governmental agencies.
[Added by Ord. 1128, 7/27/2015]
The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a crop farming lot includes more than 15 acres, it may also include the keeping of up to 10 additional animals as a permitted accessory use, in addition to what is permitted under the "keeping of pets" in § 27-403.
A building and/or land open to the public which primarily contains exhibits of clearly artistic or cultural interest, such as a museum, library, art gallery or indoor nature study area. This shall not include uses that are primarily commercial in nature.
A proposed zoning amendment made to the Borough Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which they have an interest.
A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a "nursery school." Any such use shall meet state licensing requirements, as applicable. The following three types of day care are permitted without regulation by this chapter:
Care of children by their own relatives;
Care of children within a place of worship during regularly scheduled weekly religious services; and,
Care of one to three children within any dwelling unit, in addition to children who are relatives of the care giver. See also the definition of "adult day care center."
A type of "day care" use that provides care for six or fewer children at one time who are not relatives of the care giver. See § 27-403.
A type of "day care" use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 27-402. See also day care as an accessory use of a business under § 27-306(5).
Calendar days.
The total number of dwelling units proposed on a lot divided by the "lot area," unless otherwise stated.
D.E.P. (OR "DEP")
The Pennsylvania Department of Environmental Protection, or its successor, and its relevant subparts.
A building that is surrounded on all sides by open yards and that is not attached to any other building.
Construction, erection or expansion of a structure or mining, dredging, filling, grading, paving, excavation or drilling operations. The term also includes any activities defined as "land development" under the Emmaus Borough Subdivision and Land Development Ordinance [Chapter 22].
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (hereinafter named "DOH") of the commonwealth to dispense medical marijuana.
[Added by Ord. 1153, 2/6/2017]
The processing of materials so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration and packaging. This term shall not include a "trucking company terminal."
A land area within the Borough within which certain uniform regulations and requirements apply under the provisions of this chapter.
A privately owned, constructed and maintained vehicular access from a street or access drive to only one dwelling unit, commercial unit, institutional or industrial principal use. See also "access drive."
A building used as nontransient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home." This chapter categorizes dwellings into the following types:
CONVERSION APARTMENT - A new dwelling unit created within an existing building within the standards of Part 4 and where permitted by Part 3 and meeting the floor area requirements of § 27-801.
LOW-RISE APARTMENTS (OR GARDEN APARTMENTS) - Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTS - Three or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories, and less than six stories (whichever is less).
SECTIONAL HOME - A type of dwelling that meets a definition of single-family detached dwelling, single-family semi-detached dwelling, townhouse or garden apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation. This type of home is also commonly called a "modular home."
SINGLE-FAMILY DETACHED DWELLING - One dwelling unit in one building accommodating only one family and having open areas on all sides.
MANUFACTURED HOME - A type of single-family detached dwelling that meets all of the following requirements:
Is transportable;
Is designed for permanent occupancy;
Is contained in a single piece, or two substantial pieces 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;
Is constructed so that it may be used with or without a permanent foundation;
Is not a "recreation vehicle"; and,
Includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and "manufactured home" have the same meaning. See the definition of "sectional home."
SINGLE-FAMILY SEMI-DETACHED DWELLING OR HALF OF A TWIN DWELLING - One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as 1/2 of a duplex. Each unit may or may not be on a separate lot.
TOWNHOUSE - One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row houses" or "single-family attached dwellings."
TWO-FAMILY DETACHED DWELLING - Two dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.
A single habitable living unit occupied by only one "family." See definition of "family." Each dwelling unit shall have:
Its own toilet, bath or shower, sink, sleeping and cooking facilities; and,
Separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property.
A building for the housing of fire, emergency, medical, police equipment, and for related activities. This may include housing for emergency personnel while on call.
The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 27-306. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
A facility that offers indoor or outdoor recreational facilities, such as the following: weight rooms, exercise equipment, nonhousehold pool and racquetball courts.
One or more persons living in a single dwelling unit and functioning as a common household unit. A family shall not include more than four persons who are not "related" to each other (see definition in Part 2). The term "family" may specifically include a maximum of four unrelated persons living within a permitted "group home" (including the highest number of staff present during any one shift), except that the provisions for groups homes in § 27-402 may allow a greater number of unrelated persons in certain circumstances. A "treatment center" shall not be considered a "family" or a "group home."
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall." The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs.
An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.
See definitions in § 27-516 of this chapter entitled "Floodplain Area Regulations."
The total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. Floor area shall specifically include, but not be limited to:
Fully enclosed porches; and,
Basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet. For the purposes of determining minimum square feet of a dwelling unit, floor area specifically shall not include the following:
Elevator shafts;
Common stairwells serving numerous dwelling units or uses; or,
Unenclosed porches, decks or breezeways.
The harvesting of more live trees with a trunk width of six inches or more at a height four feet above the average ground level that is allowed as a permitted by right use under § 27-515.
The characteristics of the medical marijuana recommended or limited for the particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
[Added by Ord. 1153, 2/6/2017]
An enclosed building for the storage of one or more motor vehicles. No business, occupation or service shall be conducted in a private garage that is accessory to a dwelling, except as may be allowed as a home occupation. The rental to a person who does not reside on the property of storage space that would accommodate more than three cars or for commercial purposes shall be regulated as a business use.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See the Borough Garage Sale Ordinance [Chapter 13, Part 2].
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.
The use of any lawful dwelling unit that meets all of the following criteria:
Involves the care of the maximum number of persons permitted by "group home" standards of § 27-402, and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution, because of physical disability, old age, mental retardation or other "handicap"* as defined by applicable federal law.
Does not meet the definition of a "treatment center."
Does not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.
NOTE: As of 1991, the Federal Fair Housing Act defined "handicap" as follows: "(1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or, (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in § 802 of Title 21."
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.
[Added by Ord. 1153, 2/6/2017]
Those wastes where significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated or disposed of in a manner customarily accepted for ordinary solid wastes. This also includes wastes subject to special state or federal licensing or regulation including but not limited through the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., as amended.
The vertical distance measured from the average elevation of the average proposed ground level around the building to the highest point of a structure. For a building with a roof, such height shall be measured to the highest point of the structural roof. See exemptions for certain types of structures in § 27-802. For height of signs, see Part 7, entitled "Signs."
An area used for the take-off and landing of helicopters, together with any related support facilities such as for maintenance, refueling and storage. This chapter is not intended to regulate the nonroutine emergency landing and take-off of aircraft to pick-up seriously injured or ill persons.
PUBLIC HELIPORT - A heliport that does not meet the definition of a private heliport.
PRIVATE HELIPORT - A heliport limited to a maximum total of 15 flights or take-offs in any seven-day-period and that is not available for use by the general public. This is also known as a helistop.
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building that:
Is conducted primarily by a permanent resident of the dwelling.
Meets the definition, standards and limitations of a "general home occupation" or a "light home occupation" within the following definitions and § 27-403.
Only includes uses that are clearly incidental and secondary to the principal residential use.
Does not include any retail or wholesale sales on the premises (other than over the phone and through the mail) nor any industrial use (other than custom crafts and sewing).
Specifically does not include the following: hotel, motel, nursing home, boarding house, restaurant, stable, kennel, auto repair, retail sales, painting of vehicles, tractor repair, lawn mower and engine repair, manufacturing (other than custom crafts) or bulk welding.
GENERAL HOME OCCUPATION - A type of "home occupation" that:
Only involves persons working on the premises who are permanent residents of the dwelling plus a maximum of one nonresident working on the premises at any one point in time.
Does not meet the definition and standards of a "light home occupation."
Meets the standards of § 27-403.
NOTE: This use typically requires approval by the Zoning Hearing Board under Part 3.
LIGHT HOME OCCUPATION - A type of "home occupation" that:
Only involves persons working on the premises or routinely operating from the premises who are permanent residents of the dwelling.
Does not involve more persons regularly entering and exiting the premises for business purposes other than specified in § 27-403, but instead primarily involves the operator visiting clients at their home or business.
Is limited to only the following types of activities:
Office-type work (such as writing, editing, drafting, tax preparation, computer programming and computer data inputting).
Clerical work (such as typing, stenography, addressing and sending mail).
Custom sewing and fabric crafts.
Creation of visual arts (such as painting, sculpture or wood carving).
The receiving of phone calls and the keeping of files on the site.
Sales and surveys over the phone.
Meets the standards of § 27-403.
NOTE: This use typically does not require Zoning Hearing Board approval under Part 3.
A use involving the diagnosis, treatment or other medical or hospice care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve stays overnight shall be considered a "medical office or clinic." See § 27-402, which describes uses permitted in conjunction with a hospital.
A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boarding house" and shall meet the requirements of that use. See also "bed and breakfast" use. A hotel or motel may include a restaurant, nightclub, newsstand or tavern; provided, that such uses are clearly accessory to the principal use of overnight accommodations.
A document issued by the DOH that permits access to medical marijuana.
[Added by Ord. 1153, 2/6/2017]
The total area of all "impervious surfaces" on a lot (including building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common open space may be included in the acreage for determining impervious coverage of an adjoining lot.
The nonimpervious coverage may be partially or wholly met by land that abuts the use, even if such land is in a different zoning district, an adjoining municipality and/or an abutting lot, if such land will be deed restricted as permanent open space and be so clearly stated on official recorded plans. In such case, such land shall be properly maintained by the abutting use.
Area covered by roofs, concrete, asphalt or other man-made cover which has a coefficient of runoff of 0.7 or higher. The Borough Engineer shall decide any dispute over whether an area is "impervious."
The I-L District.
Includes manufacturing, distribution, warehousing and other operations of an industrial and not primarily of a commercial, institutional or residential nature.
Parking that is associated with school, hospital, church or other religious establishment, museum, library or other similar type facility or use of property.
A mining pit from which iron ore was taken.
Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials other than materials permitted under § 27-306(5). Junk shall not include: (a) solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations; (B) toxic wastes; (C) grass clippings, leaves or tree limbs; or, (D) items clearly awaiting imminent recycling at an approved recycling use.
Includes any vehicle or trailer that meets any of the following conditions:
Does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker (except for licensed antique cars not required to have an inspection sticker), (licenses or inspection stickers that expired less than 90 days ago shall be considered current for the purposes of this section).
Has been demolished beyond repair.
Has been separated from its axles, engine, body or chassis.
Includes only the axle, engine, body parts and/or chassis separated from the remainder of the vehicle.
Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:
"Junk." (See definition).
A greater number of junk vehicles than is permitted under this chapter or other Borough ordinances that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
One or more mobile/manufactured homes that are not in a habitable condition.
Junk stored within a completely enclosed building for business purposes shall be considered a warehouse and shall be regulated as a warehouse.
A type of topography that is formed over limestone, dolomite or gypsum, by bedrock solution, and that is characterized by closed depressions or sinkholes, caves and underground drainage.
The keeping of a greater number of dogs or cats on a lot or within a dwelling unit beyond that number permitted under the "Keeping of Pets" or the "Crop Farming" provisions of this chapter. A nonprofit animal shelter is a type of kennel.
The definition in the Subdivision and Land Development Ordinance [Chapter 22], as amended, shall apply.
The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right to the landowner and if such lease is for a remaining period of at least 12 months), or authorized officers of a partnership or corporation that is a "landowner" or other person having a proprietary interest in land. A person who has clearly received formal notarized powers of attorney relating to a landowner may act in the capacity of the landowner, if legally authorized.
Includes any sign such as an electronically or electrically controlled public service time, temperature and date sign, message center, scrolling marquis, or reader board, where different copy changes are shown no less than every 90 seconds on the same lamp bank.
See "cultural center."
A mining pit from which iron ore, as limonite or hematite, was taken. Most have collapsed and are now partially filled with soil material. Locations indicate zones of deep weathering and/or preexisting sinkholes. Up to 2,000 feet long and 175 feet deep, most are less than 50 feet deep.
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "Keeping of Pets" section of § 27-403 and beyond what is allowed within the definition of "crop farming." The raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A separate parcel of land that is recorded or that will be recorded after Borough final subdivision approval in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public street shall be considered to be one tract but two lots.
A lot abutting on two or more intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
A lot other than a corner lot.
A lot that abuts two approximately parallel streets, but only has access onto one street.
A lot that abuts two approximately parallel streets.
An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel. See § 27-801.
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet), but excluding the following:
Areas within the "future" or "existing" legal rights-of-way of:
Any proposed or existing public streets or alleys; or,
Any proposed or existing commonly maintained private streets that serve more than one lot.
Areas that are currently or will be required to be dedicated as common open space.
Areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher capacity, which shall only be excluded for residential lots.
The average horizontal distance between the front and the rear lot lines, measured through the approximate center of the lot.
The property lines bounding the lot. Wherever a property line borders a public street, the lot line shall be considered to be existing street right-of-way.
A lot line separating the lot from the future street right-of-way.
A lot line opposite and most distant from the front line. (A three sided lot has no rear lot line.)
Any lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, the lot width shall be measured using a straight line from end to end.
See under "dwellings."
The making, with substantial use of machinery, of some product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility or truck terminal.
The performance of manipulative exercises using the hands and/or a mechanical or bathing device on a person(s)'s skin other than the face or neck by another person(s) that is related to certain monetary compensation, and which does not involve persons who are related to each other by blood, adoption, marriage or official guardianship. See also "personal services."
An establishment that meets all of the following criteria:
"Massages" are conducted (see definition).
The person conducting the massage is not licensed as a health care professional or a licensed massage therapist by the state.
The massages are not conducted within a licensed hospital, nursing home, personal care center or office of a medical doctor or chiropractor.
Does not use any of the following areas to meet minimum open space requirements.
The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program.
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.
[Added by Ord. 1153, 2/6/2017]
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana growers/processors and/or dispensaries.
[Added by Ord. 1153, 2/6/2017]
A dispensary or a grower/processor of marijuana for medical purposes.
[Added by Ord. 1153, 2/6/2017]
A use involving the treatment and examination of patients by state-licensed physicians or dentists; provided, that not patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.
An area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. The club shall involve a meaningful and substantial membership system, as opposed to a token boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that district and the requirements of that use are met. See also "after hours club."
See under "dwelling types."
A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient residential use. The individual manufactured homes may be individually owned. A development of manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "manufactured home park."
See "hotel."
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended, 53 P.S. § 10101 et seq..
A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.
A tavern or restaurant that has a primary or substantial portion of the total trade in the sale of alcoholic beverages, which frequently charges admission or cover charges for entertainment or music for dancing and which has a capacity of more than 250 persons for such entertainment or dancing. See also "after hours club."
A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board, and which is not abutted by other undeveloped land owned by the same owner.
A structure or part of a structure manifestly not designed to comply with the applicable lot area, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment. Such nonconforming structures include but are not limited to signs.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment.
A facility licensed by the state for the housing and intermediate or fully-skilled nursing care of three or more persons.
A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical or dental offices, clinics or laboratories, photographic studios and/or television or radio broadcasting studios.
Any official map that may be adopted or amended by the Borough Council in accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq.
The map as adopted by the Borough Council classifying the streets of the Borough. See definition of "street classification." This map may be amended by resolution of the Borough Council.
The map as adopted by the Borough Council which designates the location and boundaries of zoning districts.
A parcel or parcels of land within a tract which meets all of the following standards:
Is designed, intended and suitable for active or passive recreation by residents of a development or the general public.
If not intended to be publicly owned, is covered by a system for perpetual maintenance.
Will be deeded to the Borough and/or deed restricted to permanently prevent uses of land other than "common open space" and noncommercial recreation.
Does not use any of the following areas to meet minimum open space requirements:
Existing or future street rights-of-way.
Vehicle accessways.
Buildings (other than accessory buildings and pools clearly intended for noncommercial recreation).
Off-street parking (other than that clearly intended for noncommercial recreation.
Any area needed to meet a requirement for an individual lot.
Any area deeded over to an individual property owner for his/her own use.
Land within rights-of-way intended eventually for overhead electrical transmission of 35 kilovolts or greater capacity.
The Emmaus Borough Zoning Ordinance [this chapter], including the Official Zoning Map and Official Street Classification Map, as amended.
Off-street parking and aisles for vehicles unless otherwise stated.
All areas covered by stoned surfaces and/or impervious surfaces, other than areas covered by buildings, bicycle paths and pedestrian sidewalks. See § 27-603(5) regarding setbacks.
The Pennsylvania Department of Transportation, or its successor, and its subparts.
For purposes of this chapter, this shall also be referred to as "DOH."
[Added by Ord. 1153, 2/6/2017]
A document issued by the proper Borough authority authorizing the applicant to undertake certain activities.
CONSTRUCTION PERMIT - A permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the Borough staff, in accordance with the provisions of the Building Code which may be adopted by the Borough [Chapter 5, Part 1].
OCCUPANCY PERMIT - A permit that may be required by the Borough that is issued upon completion of the construction of a structure, or change in use of a structure or parcel of land, or reoccupancy of a structure or land indicating that the premises, to the best knowledge of the Building and Zoning Officers, complies with the provisions of Borough ordinances. This shall have the same meaning as a "certificate of use and occupancy."
ZONING PERMIT - A permit that may be issued indicating that a proposed use, building or structure is, to the best knowledge of the Borough staff, in accordance with this chapter and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this chapter, a zoning permit or "a permit under this chapter" shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.
Uses that do not have to be approved by the Zoning Hearing Board or the Borough Council. However, a site plan review may be required for certain permitted uses by right to insure compliance with Borough ordinances. A non-conforming use shall not be considered to be a permitted use.
A residential use providing residential and support services primarily to persons who are over age 60, physically handicapped and/or mentally retarded and that is licensed as a personal care center by the Commonwealth of Pennsylvania.
An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, state-licensed massage therapists, photography studios, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any "adult uses."
The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops.
A building, synagogue, church, mosque, religious retreat, monastery or shrine used primarily for religious or spiritual worship and operated for nonprofit and noncommercial purposes. If a place of worship is primarily residential in nature, then it shall be regulated as a dwelling, as that term is defined in this Part. See also § 27-402, Subsection 1II, relating to additional requirements for specific principal uses, place of worship.
[Amended by Ord. No. 1191, 8/19/2019]
A plan which is prepared by one of the following professionals who is registered by the Commonwealth of Pennsylvania: professional engineer, architect, landscape architect or surveyor.
A residential development meeting all of the requirements of § 27-307, Article IX and the PRD requirements of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
The Planning Commission of the Borough of Emmaus.
The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.
A covered entrance to a building usually with a separate roof. This includes colonnades, porticos, stoops and verandas.
The building in which the principal use of a lot is conducted. Any building that is physically attached to a principal building shall be considered part of that principal building.
A dominant use(s) or main use on a lot, as opposed to an accessory use.
Has the same meaning as "lot line."
Notice required by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
Land and/or facilities that are owned by a government agency or the Borough and are available for use by the general public for leisure and recreation.
A mine from which construction materials, slate or various ores have been taken.
Noncommercial leisure-time uses that are only open to members, guests or some specific group.
Leisure time uses that are principally operated for commercial purposes.
A vehicle which is designed primarily to transport a person for primarily recreational instead of transportation purposes, or a vehicle that serves as a mobile, temporary dwelling. This may include a vehicle that is self-propelled, towed or carried by another vehicle, but shall not include camper cabs that fit over pickup trucks. This term shall also include the following: watercraft with a hull longer than 15 feet, motor homes, travel trailers, all terrain vehicles and snowmobiles.
An outdoor area used for the storage of three or more recreational vehicles. Retail sales or major repair work shall only be allowed if those uses are permitted in that zoning district.
A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling, other than routine sorting, baling, and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclable and their customary collection, which is permitted by right, accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a Borough-owned use, an emergency services station, or a college or university.
The registry established by the DOH for all medical marijuana organizations and practitioners.
[Added by Ord. 1153, 2/6/2017]
Persons who are closely related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term shall not include relationships such as second, third or fourth cousins.
Shops for the repair of appliances, watches, televisions, guns, bicycles and other items commonly used in the inside of dwellings or offices.
A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, volleyball court, gazebo, storage shed, greenhouse, children's playhouse and children's play equipment. For skateboard ramps, see "Residential Accessory Structure" standards in § 27-403.
The C-R, R-L, R-M, R-HO and R-P Zoning Districts.
The lot line of a lot that:
Contains an existing primarily residential use a lot of less than three acres; or,
Is undeveloped, zoned as a residential district and is not approved by the Borough for a principal nonresidential use. Additional setbacks or buffering shall not be required from a "residential lot line" if that lot is currently owned by the same landowner as the use that would be required to provide the additional setbacks or buffering.
An establishment that sells ready to consume food or drink, that routinely involves the consumption of at least a portion of such food on the premises, and that does not meet the definition of a "standard restaurant".
A fast food restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" or nightclub, as applicable, must be met.
A drive-in or drive-through restaurant includes any restaurant where at least a portion of patrons order and are served food and non-alcoholic drinks while seated in their vehicles for consumption outside the confines of the principal building or vehicles parked upon the premises.
A use meeting the definition of a "nightclub" shall not be considered a restaurant.
An establishment that serves ready-to-consume food or drink for compensation in which the clear majority of sales involve the following: the customers order their food from a waiter or waitress while seated inside a building and then the food is delivered to the customer's table while the customers are seated and then the food is consumed at the table.
A standard restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" must be met.
A use meeting the definition of a "nightclub" shall not be considered a restaurant.
A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.
Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, "right-of-way" shall mean the existing street right-of-way line.
RIGHT-OF-WAY, EXISTING OR LEGAL - The line separating a lot from the established official street right-of-way that either the Borough or the Commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this chapter.
RIGHT-OF-WAY, FUTURE - Land that is dedicated or is required to be defined or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. See § 27-805. If a future right-of-way is not required to be defined, then future right-of-way shall have the same meaning as existing right-of-way.
A type of "solid waste disposal area" involving the depositing of solid waste on land, compacting the waste, covering the waste with soil and then compacting the soil, and which has a permit to operate as a sanitary landfill from the state.
A ground-based reflector, usually parabolic in shape, that receives electronic signals from a satellite. This term shall also include any pedestal or attached structure.
An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include "trade schools" (such as privately operated schools of trade, vocation or business).
A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.
The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the front lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 27-803(2).
Unless otherwise stated, setback distances are for both accessory and principal structures.
Private Streets. For a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street, if a right-of-way exists. If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway.
A system to collect, treat and dispose of sewage. No such system shall be permitted that does not comply with local, state and federal requirements.
ON LOT OR NONPUBLIC SEWER SERVICE - Any form of sewage service permitted under local, state and federal law that does not meet the definition of "public sewer service."
PUBLIC SEWER SERVICE - Service at the time of occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.
A use involving five or more retail or personal service uses or establishments and that primarily involves retail sales. If two or more abutting lots each include five or more retail sales uses and are developed under common or closely related ownership, then those lots shall together be considered as one shopping center. A shopping center may also include a mix of permitted personal service, office and/or commercial recreation uses.
An area required to be kept free of visual obstruction. See § 27-803.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising. See definitions of types of signs in Part 7.
See Part 7.
A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located. This type of sign is commonly known in most cases as a "billboard."
A residential development meeting all of the requirements of § 27-308.
A localized sinking of land surface to a variable depth generally characterized by a roughly circular outline and a downward movement of soil into bedrock voids.
Review of a site plan by the Planning Commission and/or the Borough Council that is required for certain uses under § 27-116.
A use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughter house. This shall not include a custom "butcher shop" that does not involve killing of animals (which is a retail sales use).
The vertical change of an area of land divided by the horizontal change, measured in percent.
Facilities that meet each of the following conditions:
[Added by Ord. No. 1202, 8/17/2020]
The facilities:
Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section 1.1320(d); or
Are mounted on structures no more than 10% taller than other adjacent structures; or
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration under part 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under 36 CFR Section 800.16(x); and
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR Section 1.1307(b).
Collocation with respect to SWF means the mounting or installing of an antenna facility on a preexisting structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Collocation with respect to the placement or installation of SWF includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
[Added by Ord. No. 1202, 8/17/2020]
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).
[Added by Ord. No. 1202, 8/17/2020]
Unless otherwise stated, shall mean the appointed Solicitor to the Emmaus Borough Council.
Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household, commercial or mining activities.
For the purposes of this chapter, the following materials shall not be considered to be solid waste:
Portions of trees or shrubs, leaves, mulch and rocks.
Substances legally disposed of into the air or water through a federal or state pollution discharge permit.
Customary residual wastes from a permitted mineral extraction use.
Materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream for recycling.
Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill, solid waste transfer facility or solid waste-to-energy facility.
The following uses for the purposes of this chapter shall not be considered to be a solid waste disposal facility: junkyard, recycling collection center, leaf composting, clean fill or septage or sludge application.
A type of "solid waste disposal facility" that utilizes waste (such as trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs. Also see the definitions of each of these terms in Title 25 of Pennsylvania Department of Environmental Protection regulations.
A type of "solid waste disposal facility" which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste. Also see the definitions of each of these terms in Title 25 of Pennsylvania Department of Environmental Protection regulations.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 27-119.
One or more of the following:
Human male genitals in a visible state of sexual stimulation.
Acts of human masturbation, sexual intercourse, oral sex or sodomy.
Fondling or other erotic touching of human genitals.
Keeping of more than two horses, which may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the "keeping of pets" (see § 27-403).
The Commonwealth of Pennsylvania and its agencies.
An enclosed accessory building maintained primarily for the convenience of the occupant(s) of the principal building on the lot and which is not used for the housing of a motor vehicle.
A level of a building routinely accessible to humans having an average vertical clearance six feet or greater shall be considered a full story, except as provided for in the definition of "basement." Any level of a building having an average vertical clearance from floor to ceiling of less than six feet shall be considered a "half-story."
A public or private thoroughfare which provides the principal means of access to abutting lots or that is an expressway, but not including an "alley" (see definition) or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.
The functional classification of streets into the following types, as shown on the Official Street Classification Map at the end of this chapter for existing streets and as determined by the Borough Engineer for future streets.
ARTERIAL STREET - Intended for large volumes of traffic, especially including traffic traveling between different municipalities.
COLLECTOR STREET - Designed to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties.
EXPRESSWAY - Designed for large volumes and high speed traffic with access limited to grade separated intersections.
LOCAL STREET - Designed to provide access to the abutting properties and a route to collector routes.
A street which is planned in a proposed subdivision or land development plan or approved within a subdivision or land development plan, but not yet open to traffic.
Any man-made object having an ascertainable stationary location on, below or in land or water, whether or not affixed to the land, subject to the following specific standards.
The following specifically shall be considered to be structure: buildings, signs, stadiums, platform, communications towers, walkways, porches or decks that are covered by a permanent structure; swimming pools (whether above or below ground); storage sheds, carports and garages.
Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.
See the definition in the Borough Subdivision and Land Development Ordinance [Chapter 22].
The Emmaus Borough Subdivision and Land Development Ordinance [Chapter 22], as amended.
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "house-hold" swimming pool. This includes:
A "semi-public" pool that serves only residents of a development or members of a club and their occasional guests; or,
A "public" pool intended to serve the general public. See also the provisions for "recreational facilities" limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 27-306.
See also the provisions for "recreational facilities" limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 27-306.
A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of a "nightclub" or an "after-hours club." The sale of food may also occur. See also the definition of restaurant.
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 adult movie theater.
The storage of more than 250 tires on a lot, except for manufacture or wholesale or retail sales of new tires.
See "dwelling types."
In certain zoning districts, the tract is the minimum amount of adjacent land area (which may be separated by alleys, streets or waterways) within the Borough that is required to be approved as part of an overall preliminary subdivision or land development plan in order to allow either certain types of uses or to allow the creation of lots smaller than a certain specified lot area. An area of land shall meet the following requirements in order to be considered a "tract":
Shall only include lands within an approved subdivision or land development plan that includes a well-defined internal circulation system, maximum coordination between lots and carefully limited points of vehicular access onto streets exterior to the tract; and,
Shall only include lands that at the time of the approval of the preliminary plan have one "landowner" (as defined by Part 2), unless the applicant proves to the satisfaction of the Zoning Officer that there is a legally binding commitment between two or more "landowners" to coordinate the access and development of the tract as shown in the approved preliminary plan.
A facility that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 16. This shall include a dancing school, martial arts school or ceramics school.
A use (other than a prison or a permitted accessory use in a "hospital") providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays of less than one year and who need such facilities because of:
Criminal rehabilitation, such as a criminal half-way house or a treatment/housing center for persons convicted of driving under the influence of alcohol; or,
Addiction to alcohol and/or a controlled substance; or,
A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.
A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer trucks, and that does not involve substantial processing or repackaging of the materials.
A use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a "distribution" use.
A trucking company terminal may include the following as clearly accessory uses if they are closely related to the principal use: repair, washing, refueling and maintenance facilities for trucks using the terminal, administrative uses for the terminal and rest facilities for truck drivers using the terminal.
A commercial use that primarily involves providing fuel and other services to tractor-trailer trucks. This use may also involve providing repair services, sale of gifts and various household items, a restaurant, showers and a motel.
A living area especially created for and limited to occupancy by a "relative" (see definition) of the permanent residents of the principal dwelling unit. Such unit shall be restricted to a person or two persons who need such care and supervision because of old age, developmental disability, physical illness, physical handicap or mental illness that does not threaten physical harm to others. See standards in § 27-403.
The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a building, activity outside of a building, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
A building routinely used for the treatment of animals and related housing or boarding of sick animals. Treatment of "small animals" includes only small domestic animals, including but not limited to dogs, cats, rabbits, birds or fowl. Treatment of "large animals" includes all types of animals including horses, cows and pigs. Housing primarily healthy animals shall be considered a "kennel" and shall meet the requirements of that use.
See "fence."
A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Borough.
Central water service by a system owned by a municipality or a municipal or county authority and which serves more than 30 dwellings or principal uses.
Service by a water system that does not meet the definition of a "public water serve." In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
An area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations, whichever is more inclusive.
Sales that primarily involve transactions with other businesses and their agents and not to the general public.
An area not covered by buildings and that is on the same lot as the subject structure or use. Regulations of specific districts prohibit principal and accessory structures within specified required minimum yards.
A "yard" between the front lot line (which usually is the future street right-of-way line) and the closest portion of the subject structure or use that extends the full width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot.
When a lot abuts onto two or more public streets, the applicant may choose which is the front yard, unless the Zoning Officer determines that the front yard should follow the clearly predominant front yard orientation of the development of abutting lots.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter.
Corner Lots. See § 27-803(2)(C).
A "yard" extending the full-width of the lot and situated between the rear line and the closest portion of the subject structure, and stretching between the side lot lines parallel to the rear lot line. (A principal building shall not extend into the required rear yard for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in this chapter.)
A "yard" situated between the closest portion of the subject structure and the entire length of the side lot line, and extending from the front lot line to the rear lot line. A structure shall not extend into the applicable minimum side yard, except as provided for in this chapter.
The Official Zoning Map of Emmaus Borough, Lehigh County, Pennsylvania.
The administrative officer(s) charged with the duty of enforcing the provisions of this chapter, or his or her officially designated assistant(s).
The Emmaus Borough Zoning Ordinance [this chapter], as amended.
Editor's Note: The former definition of "brew pub," added by Ord. 1111, 9/2/2014, which immediately followed this definition, was repealed by Ord. 1128, 7/27/2015.
Editor's Note: The former definition of "craft brewery," added by Ord. 1111, 9/2/2014, which immediately followed this definition, was repealed by Ord. 1128, 7/27/2015.
Editor's Note: See 47 P.S. § 1-101 et seq.