For the purposes of this chapter, the following words, terms,
and phrases have the meaning herein indicated:
ABANDONMENT
The visible or otherwise apparent discontinuance of the use
or nonconforming use of a building or premises, or the removal of
the characteristic equipment or furnishings used in the performance
of a use or nonconforming use without its replacement by similar equipment
or furnishings, or the replacement of the use or nonconforming use
or structure.
ABUTTING
Having a common border with, or being separated from such
common border by, an alley or easement.
ACCESS
A means of vehicular approach or entry to or exit from property.
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to, and located on the same
lot as the principal use or building and serving a purpose customarily
incidental to the use of the principal building.
ADULT ENTERTAINMENT
Adult bookstores, topless or bottomless bars, theaters, dance
clubs, massage parlors, and similar establishments providing entertainment
and/or the retail sale of books, magazines, newspapers, movies, slides,
films, devices or other photographic or written reproductions depicting
nudity or sexual conduct.
A-FRAME SIGN/SANDWICH BOARD SIGN
A type of freestanding, portable, temporary sign consisting
of two faces connected and hinged at the top and whose message is
targeted to pedestrians.
[Added 6-12-2017 by Ord.
No. 2017-02]
AGRICULTURAL BUSINESS
A business which offers at least 25% of its services to the
agricultural sector, including the processing and sale of agricultural
products/supplies or the sale and/or repair of agricultural equipment.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry. For the purpose of this chapter, the word
"agriculture operation" shall not include "kennels" or "agricultural
business."
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for ascent into or flight through the air.
AIRPORT
Any area of land or water which is used, or is intended to
be used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or are intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon. For the purposes of this chapter,
the term "airport" shall not include facilities designated as heliports
and those facilities which can be used only by rotary wing aircraft,
nor to private airports.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight of aircraft in landing
or taking off at an airport or is otherwise hazardous to the landing
or taking off of aircraft.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might
be established if not prevented.
ALLEY
A public or private way which typically affords secondary
means of access to abutting property.
ALTERATION
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
AMENDMENT
A change in the regulations or district boundaries or classifications
of property established by this Zoning Ordinance and according to
procedures provided by law and exercised by the Borough Council.
ANIMAL HOSPITAL
A facility operated by a Doctor of Veterinary Medicine for
the care and treatment of animals where the indoor boarding of animals
is limited to short-term care incidental to the hospital use.
ANIMAL KENNEL
A.
COMMERCIAL KENNELA facility involved in the boarding, breeding, grooming, sale or training of four or more dogs over six months of age and for which a fee is charged.
B.
NONCOMMERCIAL KENNELAny establishment where no more than four dogs over six months of age are kept within or adjoining a private residence for the noncommercial purpose of hunting or exhibition in shows or field trials, obedience training or as a family pet. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and shall not be considered a commercial activity for the purpose of this chapter. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot which the kennel is located.
APPEAL
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of Article
XIX.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
AUTHORITY
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities
Act of 1945.
AUTOMOTIVE CAR WASH
A structure used primarily for washing vehicles using a vehicle
conveyor and/or automatic equipment.
AUTOMOTIVE REPAIR FACILITY
A building or structure used primarily for making major repairs
to motor vehicles (automobiles, motorcycles, trucks, farm equipment
or machinery, and/or snowmobiles), including overhauling, body work,
painting, refinishing and upholstering, as well as incidental servicing
and maintenance.
AUTOMOTIVE SALES FACILITY
Any building or land area used for the display and sale of
new or used automobile or other motor vehicles, including warranty
repair or associated work.
AUTOMOTIVE SERVICE STATION
A building or structure where gasoline or any motor vehicle
fuel or oil or other lubricating substance, batteries, tires, and
other automotive accessories are supplied and dispensed to the motor
vehicle trade, at retail, and where minor repair service or an automated
car wash may be offered.
BALLOON TEST
Means the use of a balloon or similar object to locate or
identify the proposed height and location of a tower.
BASEMENT
That portion of a building that is partly or completely below
grade (see "story above grade").
BED-AND-BREAKFAST
A non-restaurant short-term transient lodging allowed in
a residence that provides prearranged meals only to a limited number
of lodgers, as qualified persons. It must be owner-occupied, with
a minimum of signs, no special external appearance, with off-street
parking required on the site screened from neighbors. Lodgers are
limited to a fourteen-day stay to avoid becoming multifamily rental
dwellings.
BOARDING HOUSE
Any dwelling in which persons are housed or lodged for hire
with or without meals. This use shall not include family-based group
home and group care facility.
BOROUGH
The Borough of Jersey Shore, Lycoming County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Jersey Shore, Lycoming
County, Pennsylvania.
BUILDING
Any structure having a roof supported by columns or walls
used for shelter, housing or enclosure of persons, animals or property.
The word "building" shall include any part thereof. Included shall
be all mobile or manufactured homes and trailers used for human habitation.
BUILDING AREA
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of uncovered porches, decks, terraces, and steps.
BUILDING COVERAGE
The portion of a lot, expressed as a percentage, which may
be covered by the total ground floor area of all principal and accessory
buildings on a lot including covered porches, carports and breezeways.
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections (see §
300-52).
BUILDING, PRINCIPAL
A building housing the main or principal use of the lot on
which the building is situated.
CAMPGROUND
A tract or tracts of land, or any portion thereof, used for
the purpose of providing two or more spaces for travel trailers, cabins,
or tents, and excluding mobile homes, with or without a fee charged
for the leasing, renting or occupancy of such space. A campground
may include the single-family detached dwelling of the owner or operator
of the facility. For the purpose of this chapter, a campground is
classified as an outdoor recreation area.
CARPORT
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts, except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
CELLAR
A story partly underground and having more than one-half
of its clear height below the average level of the adjoining ground.
A cellar shall not be considered in determining the permissible number
of stories.
CENTRAL WATER OR SEWER
A water or sewer distribution system, which serves facilities
on a community, area-wide or regional basis. The facility company
must be approved by and (or) licensed by the appropriate state or
federal agencies.
CERTIFICATE OF OCCUPANCY
A statement signed by the Zoning Officer setting forth that
a building complies with the provisions of this chapter, or that a
building, structure, or a parcel of land is lawfully employed for
a specified use and suitable for occupancy for purposes consistent
with this chapter.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections or
street and driveway intersections defined by lines of sight between
points at a given distance from the intersection of street and/or
driveway lines.
CLUB
The room, building, or other facilities used for the meetings
of a group of people organized for a common purpose.
CLUSTER SUBDIVISION
A large-scale residential development of 10 acres or more,
in which individual dwelling units or buildings are grouped together.
Modification or reduction of the minimum yard and lot size requirements
is permitted in exchange for an equivalent amount of land in open
space to be preserved for scenic, recreation, or conservation purposes.
The overall dwelling unit density of the underlying district cannot
be exceeded in this type of development.
COMMERCIAL
Something owned, operated, and supported by private individuals
or a corporation, on a profit basis, for the use or benefit of the
general public or for some part of the general public.
COMMISSION, PLANNING
The Planning Commission of Jersey Shore Borough, Lycoming
County, Pennsylvania.
COMMON AREA
Space within a multifamily dwelling structure or retirement
housing complex designed for communal use by all residents of the
structure or complex, i.e., community rooms, solariums, or common
areas for social activities.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
COMMUNICATION EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet per
building.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communication 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
Communication Commission (FCC) to operate such devise. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band radio antennas.
COMMUNICATIONS TOWER
A.
Any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telephone, radio,
data and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, stealth
or camouflaged towers and the like. The term includes the structure
and any support thereto.
B.
A structure other than a building such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
COMMUNITY SYSTEM
A central water or sewerage system, the rates and service
of which are not controlled by a government authority.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
COMPREHENSIVE PLAN
A Comprehensive Plan (overall program) consisting of maps,
charts, and textual matter, and indicating the recommendations of
the Planning Commission for the continuing development of the Borough.
The Comprehensive Plan includes, but is not limited to, the following
related basic elements: a statement of objectives; a plan for land
use; a plan for the movement of people and goods; a plan for community
facilities and utilities; and a map or statement indicating the relationship
of the municipality and its proposed development to the adjacent municipalities
and areas.
CONDITIONAL USE
A use which may not be appropriate in a particular zoning
district as a whole but which may be suitable in certain locations
within the district when specific conditions and factors prescribed
within this chapter for such cases are met. "Conditional uses" are
permitted or denied by the Borough Council after recommendation by
the Planning Commission.
CONDOMINIUM
A building or a group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure including
the placement of mobile homes.
CONSTRUCTION, START OF
The first placement of permanent construction on a site,
such as excavation or the pouring of slabs or footings. For a structure
without a basement of poured footings, the start of construction includes
the excavating or the first permanent framing or assembly of a structure
or any part thereof on its pilings or foundation, or the affixing
of any prefabricated structure or mobile home to its permanent site.
CONTRACTOR YARD
A location for the storage of machinery, including commercial
motor vehicles, used in a business enterprise or trade.
CONVENIENCE MARKET
A small retail store, which may be franchised, offering a
limited selection of food and household products and staying open
for longer hours at a convenient location. This use may also include
the sale of motor vehicle fuels but does not offer motor vehicle repairs.
COUNTY COMPREHENSIVE PLAN
A land use and growth management plan prepared by the county
planning commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their Comprehensive Plan and land use regulation.
DAY-CARE CENTER
A facility in which care is provided at any one time for
seven or more children or persons unrelated to the operator and operates
on a regular basis. Day-care centers include, but are not limited
to, nursery schools, preschools, and adult day-care centers. Day-care
centers do not include facilities:
A.
In which medical services are provided by a licensed physician
or nurse;
B.
That provide education for persons age six or higher; or
C.
That qualify as family day-care homes, family-based group homes,
group-care facilities, nursing homes or retirement villages as defined
in this chapter.
DECIBEL
The unit of measurement for the relative loudness of sounds
to each other, being approximately the smallest degree of difference
detectable by the human ear.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this act to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the municipality
lies.
DENSITY
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
DENSITY, GROSS RESIDENTIAL
The number of dwelling units in relation to an area of land
actually in use or proposed to be used for residential purposes, excluding
public rights-of-way, whether exterior or interior, but including
interior parking areas and access lanes, sidewalks, parks, playgrounds,
common open spaces, etc.
DENSITY, NET RESIDENTIAL
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, streets, sidewalks, parks, playgrounds, common
open spaces, etc.
DESIGNATED GROWTH AREA
A region within a county or counties described in a municipal
or multimunicipal plan that preferably includes and surrounds a city,
borough or village, and within which residential and mixed-use development
is permitted or planned for at densities of one unit to the acre or
more, commercial, industrial and institutional uses are permitted
or planned for and public infrastructure services are provided or
planned.
DETERMINATION
A.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
(2)
The zoning hearing board.
(3)
The planning agency, only if and to the extent the planning
agency is charged with final decision on preliminary or final plans
under the subdivision and land development ordinance or planned residential
development provisions.
B.
Determinations shall be appealable only to the Boards designated
as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured (mobile) homes; streets, and other paving;
utilities; filling, grading and excavation; drilling operations; storage
of equipment or materials; and the subdivision of land.
DISTRICT or ZONE
A portion of the area of Jersey Shore Borough, as shown on
the Zoning Map, containing a uniform class of uses of structures or
land, and to which regulations described in the Zoning Ordinance text
apply.
DRUG-DEPENDENT PERSON
A person who is using, or is attempting to recover from the
use of, a drug, controlled substance, or alcohol, and who is or was
in a state of psychic or physical dependence, or both, arising from
administration of that drug, controlled substance, or alcohol, on
a continuing basis.
DWELLING
Any building or portion thereof which is designed or used
for residential purposes. The term "dwelling" shall not be deemed
to include motel, rooming house, tourist home, hotel, hospital, or
nursing home.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
DWELLING, MANUFACTURED (MOBILE) HOME
A single-family detached factory manufactured dwelling build
on a chassis, subject to the Manufactured Home Construction and Safety
Standards (HUD) Code, whether or not wheels, axles, hitch, or other
appurtenances of mobility are removed and regardless of the nature
of the foundation provided. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
DWELLING, MODULAR HOME
A structure intended for permanent occupancy as a dwelling
consisting of prefabricated sections or components constructed according
to nationally recognized building codes at another location and transported
to the site for assembly, placement upon and attachment to a permanent
foundation. The placement of such dwelling unit(s) on a site shall
meet all the requirements herein addressed to a conventionally built
dwelling.
DWELLING, MULTIFAMILY
A dwelling structure containing three or more dwelling units,
with or without independent outside access, excluding single-family
attached dwelling structures (townhouses) as defined herein.
DWELLING, SEASONAL
A part-time dwelling utilized in conjunction with recreational
pursuits and for the enjoyment of the outdoors.
DWELLING, SINGLE-FAMILY DETACHED
"Single-family detached dwelling" means a dwelling designed
for and occupied by not more than one family and having no roof, wall,
or floor in common with any other dwelling unit and having an additional
lot with private yards on all four sides of the house.
DWELLING, TOWNHOUSE
A "single-family attached dwelling" of three or more adjoining
dwelling units, each of which is separated from the other by one or
more unpierced firewalls from ground to roof, having individual outside
access.
DWELLING, TWO-FAMILY
Two dwelling units, each of which is attached side to side,
or one above the other, each one sharing only one common wall with
the other. Each unit shall have individual access to the outside.
EASEMENT
Written authorization by a property owner for use by another
of any designated part of his property for a specified purpose.
ELECTRONIC GRAPHIC DISPLAY SIGN
A sign or portion thereof that display electronic, static
images, static graphics, or static pictures, with or without text
information, defined by a small number of matrix elements using different
combination of light-emitting diodes (LEDs), fiber optics, light bulbs,
or other illumination devices within the display area where the message
change sequence is accomplished immediately or be means of fade, repixelization,
or dissolve modes. Electronic graphic display signs boards include
computer programmable, microprocessor controlled electronic or digital
displays.
ELECTRONIC MESSAGE BOARD
A sign of portion thereof that display electronic, nonpictorial,
text information in which each alphanumeric character, graphic or
symbol is defined by a small number of matrix elements using different
combination of light-emitting diodes (LEDs), fiber optics, light bulbs,
or other illumination devices within the display area. Electronic
message boards include computer programmable, microprocessor-controlled
electronic displays.
ENGINEER or BOROUGH ENGINEER
A professional engineer registered and licensed as such in
the Commonwealth of Pennsylvania, duly appointed and/or hired by the
Borough Council to provide services to the Borough.
ESSENTIAL SERVICES
Public utility facilities that do not require enclosure in
a building, including gas, electrical, steam, telephone, or water
distribution systems; and including related equipment such as poles,
towers, wires, mains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants, and other similar
equipment.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
FAA
The Federal Aviation Administration.
FAMILY
A.
For purposes of this chapter, "family" and "single family" shall
mean any of the following:
(1)
An individual residing alone in a dwelling;
(2)
Two or more persons related, by blood or marriage, or adoption
(being hereinafter called "related persons"); or
(3)
No more than four unrelated persons.
(4)
In addition, up to four foster children residing with an individual
or with two or more related persons shall be considered part of a
"family" for purposes of this chapter.
B.
Any other combination of persons shall not be a "family" or
"single family" for purposes hereof.
FAMILY-BASED GROUP HOME
A public agency licensed, supervised, or operated facility
which provides resident service in a private residence to four or
fewer individuals who are not related to the resident householder.
These individuals are handicapped, aged, disabled, or in need of adult
supervision and are provided twenty-four-hour service and supervision
in accordance with their individual needs. This category includes
foster homes for children and group homes for mentally retarded or
developmentally disabled persons. This category does not include day-care
centers, nursing homes, hospitals, halfway houses, prisons, or jails.
No family-based group home shall be established within 500 feet of
another family-based group home or a group care facility.
FAMILY DAY CARE HOME
A residence offering baby-sitting services and childcare
services to four, five or six children unrelated to the resident household.
A licensed family day-care home is permitted as a home occupation
in a residential dwelling.
FCC
The Federal Communications Commission.
FLAGS
An often rectangular piece of fabric attached to a staff
or pole used as a symbol, signal, etc.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD FRINGE
That portion of the one-hundred-year floodplain outside of
the floodway, excluding areas shown as approximate one-hundred-year
flood zones on the Borough's Flood Boundary and Floodway Maps.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODPLAIN AREA
A relatively flat or low land area adjoining a stream, river,
or watercourse, which is subject to partial or complete inundation.
FLOODWAY
The area or portion of the one-hundred-year floodplain which
serves as a flood channel to pass the deeper, faster-moving flood
waters.
FLOOR AREA or GROSS FLOOR AREA
The sum of the areas of the several floors or a building,
including areas used for human occupancy in basements, attics, and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches, or attics not used for human
occupancy, or any floor area in accessory buildings or in the principal
building intended and designed for the parking of motor vehicles to
meet the requirements of the chapter, and any floor area intended
and designed for accessory heating and ventilating equipment.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
FUTURE GROWTH AREA
An area of a municipal or multimunicipal plan outside of
and adjacent to a designated growth area where residential, commercial,
industrial and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provision of public
infrastructure services.
GARAGE, PRIVATE
Any accessory building or part of a principal building used
for the storage of motor vehicles owned or used by the owner or tenant
of the premises and having no public shop or service in connection
therewith.
GARAGE, PUBLIC PARKING
Structure or portion thereof, other than a private garage,
used for the storage, sale, hire, care, repair or refinishing of automobiles.
GOVERNING BODY
The Borough Council of Jersey Shore, County of Lycoming,
Commonwealth of Pennsylvania.
GRADE
A.
FINISHThe top surface elevation of lawns, drives, or other improved surfaces after completion of construction or grading operations.
B.
NATURALThe elevation of the original or undisturbed natural surface of the ground.
C.
SUBGRADEThe elevation established to receive top surfacing or finishing materials.
GROUP HOMES
The use of any lawful dwelling unit which meets all of the
following criteria:
A.
Involves the care of the maximum number of persons permitted by the "group home" standards of §
300-75, and meets all other standards of such section.
B.
Involves persons functioning as a common household.
C.
Involves providing nonroutine support services and oversight
to persons who need such assistance to properly function in society
primarily because of physical disability, old age, mental retardation
or another condition that the applicant proves meets the applicable
definition of "handicap" or "disability" as defined by the Federal
Fair Housing Act Amendments and the Americans With Disabilities Act,
as amended.
D.
Does not meet the definition of a "treatment center."
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any other combination thereof,
which holds a permit from the Department of Health of the commonwealth
under Act 16 of 2016, as amended from time to time, to grow and process
medical marijuana. The term does not include a health care medical
marijuana organization under Chapter 19 of Act 16 of 2016.
[Added 6-12-2017 by Ord.
No. 2017-04]
HABITABLE FLOOR AREA
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, attics, storage or
utility spaces, and similar areas are not considered habitable space.
HEDGE
A row of closely planted shrubs or bushes used to form a
boundary or fence.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs which have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOBBY VEHICLE
Frequently called a classic or antique motor vehicle, such
vehicles are primarily maintained and used by the owner for personal
enjoyment and not for everyday transportation.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the requirements of §
300-82.
HOME GARDENING
The cultivation of herbs, fruits, flowers, or vegetables
on a piece of ground adjoining the dwelling, excluding the keeping
of livestock.
HOME OCCUPATION
Any lawful, service-oriented occupation, profession or second
occupation customarily conducted entirely within a dwelling or on
a farm and carried on by the inhabitants thereof, which is clearly
incidental, secondary, and consistent with the use of the premises
for dwelling or agricultural purposes and does not change the character
thereof. Home occupation is deemed to include: barber, hairdresser,
tailor, professional office of attorney, architect, landscape architect,
engineer, accountant, physician, dentist, teacher, realtor, insurance
agency, minister, municipal officials, family day-care home, craft
shop, repair shop, and other uses of the same general character.
HOMEOWNER'S ASSOCIATION
An incorporated, nonprofit organization operating under recorded
land agreements through which:
A.
Each lot and/or home owner in a cluster development or other
described land area is automatically a member;
B.
Each lot is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities, such
as maintaining a common property; and
C.
The charge, if unpaid, becomes a lien against the property.
HOTEL
A public house that provides lodging and usually meals and
various services.
IDENTIFIED FLOODPLAIN AREA
Those floodplain areas specifically identified in this chapter
as being inundated by the one-hundred-year flood, including areas
identified as floodway and flood fringe.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
IMPERVIOUS SURFACE
That portion of a lot (expressed as a percentage) that does
not absorb precipitation. All buildings, structures, parking areas,
driveways, roads, sidewalks, and any areas in gravel, concrete, asphalt,
etc. materials shall be considered impervious surfaces.
INDUSTRIAL PARK
A tract of land developed for industrial and manufacturing
uses on individual lots usually utilizing a common access road and
utilities.
INSTITUTION
A public or quasi-public facility providing for extended
care of inmates or residents.
JUNK
Any discarded material and shall include, but not be limited
to, scrap metal, abandoned, inoperable, uninspected and/or unlicensed
motor vehicles, machinery, equipment or appliances, and all forms
of waste and refuse of any type of materials, including scrap metal,
glass, wood, industrial waste and other salvageable materials, containers
and structures. It shall not include garbage kept in a proper container
for the purpose of prompt disposal. Materials at a properly maintained
recycling dropoff site or center may not be considered junk.
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
(2)
The division or allocation of land or space whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
B.
A subdivision of land. Except that the following shall be excluded
from this definition:
(1)
The conversion of an existing single-family detached dwelling
or double dwelling into not more than three residential units, unless
such units are intended to be a condominium;
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
(3)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purpose of this subsection, an amusement park is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase, whether or not such
option or contract is subject to any condition, a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
LIGHT MANUFACTURING
A manufacturing operation that produces a negligible amount
of noise, smoke, odor, dust, vibration, or glare as a result of operation
of the activity. All manufacturing activity shall be carried on below
the EPA and Department of Environmental Protection permitting standards.
However, in all events, any light manufacturing use that creates any
radioactive material or by-product in any form or state shall not
be permitted.
LODGE
The meeting place of a local chapter of a fraternal organization.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A.
LOT AREAThe computed area contained within the lot lines exclusive of any street rights-of-way.
C.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
G.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
I.
LOT, THROUGHA lot other than a corner lot, with frontage on more than one street other than an alley.
J.
LOT WIDTHThe width of the lot between side lot lines at the front building lines as prescribed by the front yard regulations.
LOWEST FLOOR
The lower floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area which is not considered
the lowest floor of a building; provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in Act 16
of 2016, as amended from time to time.
[Added 6-12-2017 by Ord.
No. 2017-04]
MEDICAL MARIJUANA DISPENSARY
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 of the commonwealth
to dispense medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of Act 16 of
2016.
[Added 6-12-2017 by Ord.
No. 2017-04]
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected or placed on
the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes. For floodplain management
purposes, the term shall also include facilities for the placement
of two or more park trailers, travel trailers, recreational vehicles,
and other similar types of manufactured housing for a period of time
exceeding 180 consecutive days.
MOTEL
A hotel for motorists usually with rooms adjoining a parking
area.
MULTIFAMILY HOUSING DEVELOPMENT
For the purposes of this chapter, a multifamily housing development
shall be defined as a development consisting of the more than one
multifamily dwelling structure.
MULTIMUNICIPAL PLAN
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal plan as authorized by
the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247,
as reenacted and amended.
MULTIMUNICIPAL PLANNING AGENCY
A planning agency comprised of representatives of more than one municipality and constituted as a joint municipal planning commission in accordance with Article
XI of the Municipalities Planning Code, or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multimunicipal
issues, including but not limited to agricultural and open space preservation,
natural and historic resources, transportation, housing and economic
development.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and postclosure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility.
MUNICIPALITY
The municipal corporation known as the Borough of Jersey
Shore, Lycoming County, Pennsylvania.
NEIGHBORHOOD RETAIL
A commercial use (including retail and incidental food service)
which is limited in scale, primarily serving a local neighborhood
and oriented to pedestrian or limited vehicular traffic.
NEW CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, location or relocation of a building (including
mobile and manufactured homes), structure, and/or improvements (such
as streets, utilities, etc.). For floodplain management purposes,
the term shall pertain to structures for which the start of construction
commenced on or after February 7, 1977 and includes any subsequent
improvements thereto.
NONAGRICULTURAL DEVELOPMENT
Land area converted from an agricultural operation to a development
use, including any lots, driveways, roadways, rights-of-way or easements
that serve the development activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in the Zoning Ordinance
or amendment hereto or hereafter enacted, where such structure lawfully
existed prior to the enactment of such ordinance or amendment. Such
nonconforming structures include, but are not limited to, nonconforming
signs.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in the Zoning Ordinance
or amendments hereto or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
NONPROFIT
Something owned, operated, and supported by private individuals
or a corporation, without seeking profit, for the use or benefit of
the general public or for some part of the general public.
NURSING OR RETIREMENT HOME
Any commercial premises providing sleeping rooms where patients
are lodged and furnished with meals and long-term nursing care.
NUTRIENT MANAGEMENT ACT
Act of the Pennsylvania General Assembly No. 6, approved
May 20, 1993 (P.L. 12), as amended.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
downstream to the damage of life or property.
OFFICE
A place where the affairs of a business or a profession are
carried out, not including the manufacture or assembly of products
or merchandise.
OFFICE PARK
A land development which consists of two or more office buildings.
OFFICIAL MAP
A map established by the Borough Council pursuant to Article
IV of the Municipalities Planning Code, Act of the General Assembly No. 247 approved July 31, 1968, as reenacted and amended December 21, 1988, by Act No. 170 (P.L. 1329).
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has one-percent chance of occurring each year,
although the flood may occur in any year).
OPEN SPACE
That portion of the land open to the sky and usually reserved
in a natural state or for outdoor recreational use.
PARKING AREA, PUBLIC
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public, whether
for a fee, free, or as an accommodation for clients or customers.
PATIO
An area with or without railings and without a roof, adjacent
to or near a dwelling but not a part of the dwelling structure, and
intended to be used as an area for seating, dining, or recreation
outdoors.
PERMANENT FOUNDATION
A support for a building or structure consisting of either
poured concrete, concrete blocks, cinder blocks, brick, or stone to
form a horizontal pad or vertical wall on which the building or structure
is placed and is intended to remain indefinitely. In the case of mobile
homes, permanent placement on such a foundation is intended to first
require the removal of the wheels and chassis from the mobile home.
PERMIT
A document issued by the municipality authorizing an applicant
to undertake certain activities.
A.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter and authorizing an applicant to proceed with the construction or development of the use, building or structure.
B.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises compiles with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
C.
An authorization issued by the Department of Health of the commonwealth
to a medical marijuana organization to conduct activities under Act
16 of 2016.
[Added 6-12-2017 by Ord.
No. 2017-04]
PERMITTED USE
Any use which does not require special action by the Zoning
Hearing Board or by the Borough Council before the Zoning Officer
grants a zoning permit.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
PERSONAL-CARE HOME
A state-licensed institutional facility providing supervised
care services, including meals and less than full-time skilled or
intermediate nursing care, for individuals, usually the elderly.
PLAN
A map, plat or layout showing the subdivision of land and
indicating the location and boundaries of individual lots or properties.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk, or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential, district created, from time to time, under
the provisions of this chapter.
PLANNING COMMISSION
The Planning Commission of Jersey Shore Borough, Lycoming
County, Pennsylvania.
PORCH
A covered entrance to a building, usually projecting from
the wall of an existing structure and having a separate roof.
PREEXISTING WIRELESS COMMUNICATION TOWERS, FACILITIES, EQUIPMENT
AND ANTENNAS
Any wireless communications towers, facilities, equipment
and antennas for which a building permit and zoning approval has been
properly issued prior to the effective date of this chapter, including
permitted wireless communications towers, facilities, equipment and
antennas that have not yet been constructed, so long as such approval
is current and has not expired.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services county soil
survey.
PRIVATE
Something owned, operated, and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
PROFESSIONAL OFFICE
Professional offices shall include the office of a physician,
dentist, optometrist, minister, architect, landscape architect, city
planner, engineer, insurance agent, realtor, accountant, lawyer, author,
or other similar licensed professional occupations.
PROPAGATION MODELING
A computer-generated prediction of the expected coverage
of a particular site's coverage or level of service based upon
accepted mathematical calculations.
PROPAGATION TESTING
The actual collection and analysis of radio signal broadcasts,
via a drive test or similar method, which provides an indication of
a particular site's coverage or level of service to the surrounding
area based upon actual field measurements.
PUBLIC
Something owned, operated, and supported by the community
or the people for the use or benefit of the general public.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this act.
PUBLIC INFRASTRUCTURE AREA
A designated growth area and all or any portion of a future
growth area described in a county or multimunicipal Comprehensive
Plan where public infrastructure services will be provided and outside
of which such public infrastructure services will not be required
to be publicly financed.
PUBLIC INFRASTRUCTURE SERVICES
Services that are provided to areas with densities of one
or more units to the acre, which may include sanitary sewers and facilities
for the collection and treatment of sewage, water lines and facilities
for the pumping and treating of water, parks and open space, streets
and sidewalks, public transportation and other services that may be
appropriate within a growth area, but shall exclude fire protection
and emergency medical services and any other service required to protect
the health and safety of residents.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," and any amendments
thereof.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing or as otherwise
required by the Municipalities Planning Code.
PUBLIC OR QUASI-PUBLIC USES
Uses or structures designed, intended or arranged for the
use or service of the general public, although the fees and conditions
of such use may be determined and regulated by the operator thereof,
e.g., banks, post offices, churches, cemeteries, schools, community
centers, fire halls, municipal building, community sewer and water
treatment facilities and other uses of the same general character.
PUBLIC SERVICE FACILITY
The erection, construction, alteration, operation or maintenance
of buildings, power plants or substations, water treatment plants
or pumping stations; sewage disposal or pumping plants and other similar
public service structures by a utility, whether publicly or privately
owned, or by a municipal or other governmental agency, including the
furnishing of electrical, gas, communication, water supply and sewage
disposal services.
PUBLIC SYSTEM
A water or sewerage system which is owned and operated by
a local government authority or by a local utility company adequately
controlled by a governmental authority.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities.
A.
RECREATION FACILITY, COMMERCIALA profit or nonprofit business in which amusement, play or other exercise is offered or sold. This use shall include the sale of products related to recreation. Commercial recreation shall include but not be limited to theaters, go-cart track, exercise centers, and/or recreation facilities operated as a profit or nonprofit and open to the public for a fee.
B.
RECREATION FACILITY, PERSONALA recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Designed to be self-propelled or permanently towable by a light-duty
truck;
C.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
RECREATIONAL VEHICLE PARK
Any site upon which two or more recreational vehicles are,
or are intended to be located. This use may include the single-family
detached dwelling of the owner or operator of the facility. For the
purposes of this chapter, a recreational vehicle park is classified
as an outdoor recreation use.
REGISTRY
The registry established by the Department of Health of the
commonwealth for practitioners.
[Added 6-12-2017 by Ord.
No. 2017-04]
REPAIR
Any construction which replaces materials but does not change
the height, number of stories, size, habitable floor area or location
of a building or other structure.
RESIDENTIAL TREATMENT FACILITY
A nonhospital inpatient facility for drug-dependent persons
following physiological detoxification. The facility provides a full
range of treatment and supportive services carried out specifically
to alleviate the dysfunction of the resident. This includes the systematic
application of social, psychological or medical service methods to
assist individuals to deal with the causative effects or consequences
of drug or alcohol abuse. These facilities are also commonly referred
to as a "halfway houses."
RESORT
A building or group of buildings located on a lot, arranged
and used for lodging of members and guests, including facilities for
service of food to lodgers and/or nonlodgers, and may include retail
sale of commodities and services, and facilities for educational activities
and recreation for lodgers and/or nonlodgers.
RETAIL BUSINESS
A place of business engaged in the selling of goods and merchandise
to the general public for personal, business or household use and
rendering services incidental to the sale of such goods. For the purposes
of this chapter, a dry cleaner and laundry shall be considered retail
businesses.
RETIREMENT HOUSING COMPLEX
For the purposes of this chapter, a retirement housing complex
shall be defined as a public, not-for-profit, or private residential
facility, building, or development designed to meet the needs of,
and be constructed exclusively for, senior citizens. Such complexes
shall not include nursing homes, personal-care facilities, or similar
institutional residences, although shared use of dining or entertainment
spaces within individual buildings in the complex may be permitted.
Retirement complexes may be designed as multifamily dwelling structures
(apartment buildings) or as single-family attached dwelling structure
(townhouse units).
RIDING STABLE, PRIVATE
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
RIGHT-OF-WAY
That portion of land dedicated to the public for use as an
alley, street, drain, ditch, stream, utility easement or crosswalk.
SCREEN PLANTING
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
SETBACK LINE
The line within a property defining the required minimum
distance between any building to be erected and the adjacent property
line. The front yard setback line shall be measured at right angles
from the front street right-of-way line which abuts the property upon
which said building is located and shall be parallel to said right-of-way
line.
SHOPPING CENTER
A retail commercial area designed as a unit, with adequate
off-street, free parking area, and usually consisting of several one-
or two-story buildings.
SIGN
Any exterior name, identification, description, display,
or illustration exposed to public view which directs attention to
an object, product, place, activity, person, institution, organization
or business. A projecting or freestanding sign with two faces shall
be considered as a single sign. All sign material and information
contained within a single frame support shall be considered as one
sign.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered elsewhere than
upon the premises where such sign is located, or to which it is affixed.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted, or to a commodity, service, or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
SIGN, GROSS SURFACE AREA
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the same. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
SIGN, PORTABLE
Any sign or structure, which is not securely attached to
the ground or any other structure.
SMALL WIND ENERGY SYSTEM
A single tower, or multiple towers, situated on a lot to
provide energy from a wind source to an individual home, multifamily
residential use, office or business and industrial and agricultural
uses located on the same lot. The wind energy is not to be provided
to others for sale off-site in the power grid. The small wind energy
system may follow the rules of net metering under the state policy.
SOLID WASTE TRANSFER FACILITY
A facility which receives and processes or temporarily stores
municipal or residual waste at a location other than the generation
site, and which facilitates the transportation or transfer of municipal
or residual waste to a processing or disposal facility, and as otherwise
defined by Pennsylvania law.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling
next above it.
STORY ABOVE GRADE
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
more than six feet above grade plane; more than six feet above the
finished ground level for more than 50% of the total building perimeter;
more than 12 feet above the finished ground level at any point.
A.
STORY, FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
B.
STORY, HALFA partial story under the gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley.
A.
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all streets classified as arterial streets in the Comprehensive Plan for the U.S. 220/Future I-99 Planning Area.
B.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route to arterial streets. Collector streets are so designated in the Comprehensive Plan for the U.S. 220/Future I-99 Planning Area.
C.
MINOR STREETA street designed to afford primary access to abutting property.
STREET RIGHT-OF-WAY LINE
The closest edge of the right-of-way, to the front lot line, as required by Chapter
266, Subdivision and Land Development. (See also "lot lines, front.")
STRUCTURAL ALTERATION
Any change in the structural members of a building, such
as walls, columns, beams or girders, or any addition to any structure.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
buildings, sheds, fences, communications towers, swimming pools, and
signs, but excluding poles, playground equipment, mailboxes, lawn
ornaments and other similar objects. For floodplain management purposes,
the term shall also include a gas or liquid storage tank, which is
principally above ground, as well as a mobile or manufactured home.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
development; provided, however, that the subdivision by lease of land
for agricultural purposes into parcels of more than 10 acres, not
involving any new streets or easements of access or any residential
dwelling, shall be exempted. (See also "land development.")
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which exceeds 50% of the market value of the structure
either: before the improvement or repair; or if the structure has
been damaged and is being restored, before the damage occurred. The
term also includes structures which have incurred substantial damage
regardless of the actual work performed. For the purposes of this
definition, "substantial improvement" is considered to occur when
the first alteration or any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
"historic structure."
SURFACE MINING
Surface mining shall mean the extraction of minerals from
the earth or from waste or stock piles or from pits or bands by removing
the strata or material which overlies or is above or between them
or otherwise exposing and retrieving them from the surface, including
but not limited to strip, drift, and auger mining, dredging, quarrying,
leaching and activities related thereto, but not including those mining
operations carried out beneath the surface by means of shafts, tunnels,
or other underground mine openings. "Surface mining" shall not include:
A.
The extraction of minerals (other than anthracite and bituminous
coal) by a landowner for his own noncommercial use from land owned
or leased by him; nor
B.
The extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for highway construction purposes, so long as such work
is performed under a bond, contract and specifications which substantially
provide for and require reclamation of the areas affected in accord
with DEP requirements.
SWIMMING POOL
Any structure intended for swimming, recreation bathing or
wading that contains or is designed to contain water over 24 inches
(610 mm) deep. This includes in-ground, above- and on-ground pools,
inflatable pools; hot tubs, spas and fixed-in-place wading pools.
TEMPORARY STORAGE TRAILER
A temporary storage trailer used for storage during construction,
renovation or repair to a property, which can only be on the property
during said construction, renovation or repair. Any temporary storage
trailer shall be treated as an accessory structure, subject to all
regulations applicable to accessory structures.
TEMPORARY USE
The use of land or the structure or building located on a
lot for a limited time as regulated by this chapter.
TENT
A collapsible shelter of canvas or other portable material
used, when erected, for the temporary occupancy of one or more persons.
TOWNHOUSE
A single-family attached dwelling of three or more adjoining
dwelling units, each of which is separated from the other by one or
more unpierced firewalls from ground to roof, having individual outside
access.
TOWNHOUSE DEVELOPMENT
For the purposes of this chapter, a townhouse development
shall be defined as a development consisting of the more than one
single-family attached or townhouse dwelling structure.
TRACT SIZE
The area of the entire development lot including all buildings,
individual unit lots, open space, and required yards.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
TRANSFERABLE DEVELOPMENT RIGHTS
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate.
TRANSITIONAL LIVING FACILITY
A structure wherein supportive services are provided in a
semiprotected homelike environment to assist a drug dependent person
in his gradual reentry into the community. No formal treatment, i.e.,
counseling/psychotherapy, takes place at the facility. This is a live-in/work-out
facility.
TRAVEL TRAILER
A vehicular, portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation and/or vacation, having
a width of less than 10 feet, but not to be construed as a mobile
home for permanent residence.
TREATMENT CENTER
A use (other than a prison or criminal housing facility as
otherwise defined in this section) providing housing facilities for
persons who need specialized housing, treatment and/or counseling
because of:
A.
A conviction or convictions for driving under influence of alcohol;
B.
Chronic abuse of or addiction to alcohol and/or a controlled
substance; or
C.
A type of mental illness or other behavior that can reasonably
be expected to cause a person to be a threat to the physical safety
of others.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted The International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
USE
The specific purpose for which land or a structure or building
is designed, arranged, intended, or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
UTILITY ATTACHMENT
The use of an existing utility structure, including wood
poles as a structure to mount or utilize for a wireless communication
facility, equipment or antennas.
VARIANCE
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised as required by
the provisions of this chapter for an adjustment to the application
to a specific piece of property of some regulation which, if strictly
adhered to, would result in an unnecessary hardship, and where the
permission granted would not be contrary to the public interest, and
would maintain the spirit and original intent of the chapter.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or as otherwise
disposed in accord with Pennsylvania Department of Environmental Protection
definitions and regulations.
WETLAND
An area of land defined as a wetland according to the regulations
of the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
YARD
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
A.
YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
B.
YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
C.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed from the ground upward.
D.
YARD, MINIMUMThe minimum area or open space required by this chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.
YARD SALE or GARAGE SALE
The on-site sale of tangible personal property, such as used
clothing and household articles, belonging to the owner or occupant
of such property.
ZONING
The designation of specified districts or zones within the
municipality, reserving them for certain classes of uses, together
with limitations on lot area and size, heights of structures, and
other stipulated requirements.
ZONING DISTRICT
A portion of the municipal area within which certain uniform
regulations and requirements or various combinations thereof apply
under the provisions of this chapter.
ZONING HEARING BOARD
The Zoning Hearing Board for Jersey Shore Borough, Lycoming
County, Pennsylvania.
ZONING MAP
The officially adopted Zoning Map of Jersey Shore Borough,
Lycoming County, Pennsylvania, containing zoning districts, together
with all amendments subsequently adopted.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
ZONING ORDINANCE
The Zoning Ordinance of Jersey Shore Borough, Lycoming County,
Pennsylvania, as amended.