[Ord. 776, 6/21/1993, § 201]
1.Â
For the purposes of this chapter, words and terms used herein shall
be interpreted as follows:
A.Â
Words in the present tense shall include the future tense.
B.Â
"Used" or "occupied" as applied to any land or building, include
the words "intended, arranged, or designed to be used or occupied."
C.Â
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.Â
"Sale" shall also include rental.
E.Â
The singular shall include the plural and vice-versa. The masculine
gender shall include the feminine and neuter, and vice-versa.
F.Â
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.
G.Â
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.
H.Â
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 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.
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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.
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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.
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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.
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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:
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."
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CHILD DAY CARE CENTER, AS AN ACCESSORY USEA 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.
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CHILD DAY CARE CENTER, AS A PRINCIPAL USEA 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).
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Calendar days.
The total number of dwelling units proposed on a lot divided
by the "lot area," unless otherwise stated.
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:
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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 3Â 1/2 stories or 35 feet, whichever is lesser. The individual
dwelling units may be leased or sold for condominium ownership.
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MID-RISE APARTMENTS - Three or more dwelling units within a
building that is higher than 35 feet or 3Â 1/2 stories, and less
than six stories (whichever is less).
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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."
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SINGLE-FAMILY DETACHED DWELLING - One dwelling unit in one building
accommodating only one family and having open areas on all sides.
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MANUFACTURED HOME - A type of single-family detached dwelling
that meets all of the following requirements:
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A.
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Is transportable;
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B.
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Is designed for permanent occupancy;
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C.
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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;
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D.
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Which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
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E.
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Is constructed so that it may be used with or without a permanent
foundation;
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F.
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Is not a "recreation vehicle"; and,
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G.
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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."
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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.
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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."
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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.
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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:
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.
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.
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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."
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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.
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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:
| |||
|
A.
|
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.
| ||
|
B.
|
Does not meet the definition and standards of a "light home
occupation."
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|
C.
|
Meets the standards of § 27-403.
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|
NOTE: This use typically requires approval by the Zoning Hearing
Board under Part 3.
| |||
|
LIGHT HOME OCCUPATION - A type of "home occupation" that:
| |||
|
A.
|
Only involves persons working on the premises or routinely operating
from the premises who are permanent residents of the dwelling.
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|
B.
|
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.
| ||
|
C.
|
Is limited to only the following types of activities:
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|
(1)
|
Office-type work (such as writing, editing, drafting, tax preparation,
computer programming and computer data inputting).
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|
(2)
|
Clerical work (such as typing, stenography, addressing and sending
mail).
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|
(3)
|
Custom sewing and fabric crafts.
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(4)
|
Creation of visual arts (such as painting, sculpture or wood
carving).
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(5)
|
The receiving of phone calls and the keeping of files on the
site.
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|
(6)
|
Sales and surveys over the phone.
| ||
|
D.
|
Meets the standards of § 27-403.
| ||
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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:
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.
Pennsylvania.
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.
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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."
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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.
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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.
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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.
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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.
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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."
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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.
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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:
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.
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ARTERIAL STREET - Intended for large volumes of traffic, especially
including traffic traveling between different municipalities.
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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.
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EXPRESSWAY - Designed for large volumes and high speed traffic
with access limited to grade separated intersections.
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LOCAL STREET - Designed to provide access to the abutting properties
and a route to collector routes.
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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:
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(A)
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A "semi-public" pool that serves only residents of a development
or members of a club and their occasional guests; or,
| |
|
(B)
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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.
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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.
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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.
PUBLIC WATER SERVICECentral 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.
ON-LOT or NONPUBLIC WATER SERVICEService 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.
[1]
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.
[2]
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.
