[Ord. 1263, 8/10/2009]
1.
For the purposes of this chapter, words and terms used herein shall
be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
The singular shall include the plural, and the plural shall include
the singular.
C.
The masculine gender shall include the feminine and the neuter and
vice versa.
D.
The word "shall" is always mandatory, and the word "may" or "should"
is always permissive.
E.
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be occupied."
F.
The word "person" includes a corporation, company, partnership, and
association, as well as an individual.
G.
The word "lot" includes the words "plot" and "parcel."
H.
The words "Planning Commission" or "Commission" always refer to the
Bristol Borough Planning Commission.
I.
The words "Borough Council," "Council" or "governing body" always
refer to the Bristol Borough Council.
J.
The words "municipality" or "Borough" always mean the Borough of
Bristol.
K.
The words "Zoning Hearing Board" or "Board" always refer to the Zoning
Hearing Board of Bristol Borough.
L.
Any word or term not defined in this chapter shall be used with a
meaning of standard usage.
[Ord. 1263, 8/10/2009; as amended by Ord. 1294, 5/13/2013]
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:
Next to or adjacent to, and includes the words "directly
across from streets, natural features, and rights-of-way."
A privately owned, constructed, and maintained vehicular
access from a public or private street to four or more off-street
parking spaces or to at least one loading space.
A building or structure which is subordinate and accessory
to a principal building or use on the same lot and which is used for
purposes clearly incidental to those of the principal building or
use. Any portion of a principal building or structure devoted or intended
to be devoted to an accessory use is not an accessory building.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes, but is not limited to, utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added by Ord. No. 1324, 3/12/2018]
43,560 square feet.
A state of being side by side, next to, adjoining or abutting
one to another.
See Part 3, "Zoning Districts and Use Regulations," for description of "adult business."
A public or private way permanently reserved as a secondary
means of access for vehicles to the side or rear of abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement or diminution, whether
by extending on a side or by increasing in height, or the moving from
one location or position to another; or, any change in use from one
use to another.
See Part 3, "Zoning Districts and Use Regulations," for description of "animal hospital."
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added by Ord. No. 1324, 3/12/2018; as amended by Ord. No.
1331, 9/9/2019]
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.
See Part 3, "Zoning Districts and Use Regulations," for description of "arcade, accessory."
See Part 3, "Zoning Districts and Use Regulations," for description of "amusement halls and arcade."
See Part 3, "Zoning Districts and Use Regulations," for description of "auto service station."
See Part 3, "Zoning Districts and Use Regulations," for description of "auto repair garage-major repairs," "auto repair garage-minor repairs" and "auto service station."
See Part 3, "Zoning Districts and Use Regulations," for description of "auto service station."
See Part 3, "Zoning Districts and Use Regulations," for description of "junkyard (salvage yard)."
See Part 3, "Zoning Districts and Use Regulations," for description of "auto/boat/RV sales."
See Part 3, "Zoning Districts and Use Regulations," for description of "bank."
See Part 3, "Zoning Districts and Use Regulations," for description of "bed and breakfast."
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Borough line or any combination thereof.
That portion of a block which abuts a single street.
See Part 3, "Zoning Districts and Use Regulations," for description of "boarding house."
A strip of required yard space adjacent to the boundary of
a property or district of a width not less than that designated by
this chapter, and on which is placed shrubbery, hedges, evergreens,
or other suitable plantings of sufficient height and density to meet
the requirements of Borough ordinances and to constitute an effective
screen and give maximum protection and immediate screening to an abutting
property or district.
A line parallel to the street right-of-way that establishes
the maximum distance that a building or principal structure may be
set back from the street right-of-way.
A structure having a roof supported by columns or walls,
used for the shelter, housing, or enclosure of persons, animals, or
property. "Building" is interpreted as including "or part thereof."
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, taken at their greatest outside dimensions
on the ground floor, including all attached and detached structures,
except steps, terraces, patios, cornices, eaves and gutters, but including
roofed porches, roofed breezeways and roofed carports.
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, roofed porches, roofed carports and roofed breeze-ways,
but excluding patios) by the total area of the lot upon which the
buildings are located.
The portion of a lot on which the principal building or structure
can be placed and which excludes all front, side, and rear yard areas
as well as all rights-of-way, easements, areas with environmental
protection restrictions, and any other areas protected by the terms
of this chapter.
The vertical distance of a building measured from the point
which is the mean level of the highest and lowest portion of the site
covered by the building to the highest portion of the roof.
The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding
buildings. Mass is determined by the three-dimensional bulk of a structure:
height, width and depth.
FRONTA line parallel to a street line at a distance therefrom equal to the depth of the minimum front yard requirement.
SIDEA line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard requirement.
REARA line parallel to the rear lot line at a distance therefrom equal to the minimum rear yard requirement.
The minimum distance between buildings measured from the
outermost wall or projection to the nearest point on another building.
See Part 3, "Zoning Districts and Use Regulations," for description of "bus shelter."
See Part 3, "Zoning Districts and Use Regulations," for description of "car wash."
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway designed for vehicular
traffic.
See Part 3, "Zoning Districts and Use Regulations," for description of "cemetery."
The mounting of one or more WCFs, including antennas, on
a preexisting structure. or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added by Ord. No. 1324, 3/12/2018; as amended by Ord. No.
1331, 9/9/2019]
A motor vehicle licensed by the Commonwealth of Pennsylvania
in a class other than Class 1 or Class 2. For purposes of this chapter
a recreational vehicle shall not be considered a commercial motor
vehicle.
The document entitled "Comprehensive Plan for the Borough
of Bristol," or any part thereof, adopted by Borough Council.
A use permitted by the Borough Council pursuant to the provisions
of this chapter and Article VI of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, 53 P.S. § 10601 et seq.,
as amended.
A building or group of buildings, in which units are owned
individually, and the lot, common areas, and facilities are owned
by all the owners in a proportional, undivided basis.
See Part 3, "Zoning Districts and Use Regulations," for description of "conference center."
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; includes
the demolition of a preexisting building, provided that further construction
be diligently carried on.
To change or adapt land, structures or buildings to a different
use, occupancy or purpose.
The County of Bucks, Commonwealth of Pennsylvania.
A proposed zoning amendment made to 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 he has an interest.
See Part 3, "Zoning Districts and Use Regulations," for description of "day care center."
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., 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 Borough
lies.
The towpath berm and intended waterway of the Delaware Division
of the Pennsylvania Canal, and including all adjacent lands, aqueducts,
and drainage channels owned by the commonwealth of Pennsylvania as
part of the Delaware Canal State Park.
The number of dwelling units per acre calculated by dividing
the number of dwelling units by the base site area.
A state of being surrounded on all sides by yards.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council.
The Zoning Hearing Board.
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
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.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. No. 1324, 3/12/2018]
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
A private strip of land intended as a means of vehicular
access to a lot.
See Part 3, "Zoning Districts and Use Regulations," for description of "junkyard (salvage yard)."
A building designed and occupied for residential purposes containing one or more dwelling units. The term "dwelling" shall not be deemed to include automobile court, boarding house, rooming house, tourist home, hotel, motel, inn, hospital, nursing home, personal care facility, life care facility, dormitory, fraternity, sorority house or other group residence. See § 27-320, "Use Regulations," in Part 3 of this chapter for definitions of specific dwelling types.
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities and having outside access directly from the dwelling unit
or through a common hall.
A right-of-way granted for limited use of land or a restriction
placed on land for specific purposes.
The lowest horizontal line of a sloping (i.e., gable, hip,
gambrel) roof.
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public or has caused or is
likely to cause facilities in the rights-of-way to be unusable and
result in loss of the services provided.
[Added by Ord. No. 1324, 3/12/2018]
An employee, assistant or associate, agent, contractor, or
representative who acts in interest or profits from a business, industry,
home office or occupation, or other enterprise.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
is located.
[Added by Ord. No. 1324, 3/12/2018]
An addition to the floor area of an existing building, an
increase in size of any other structure, or an increase in that portion
of a tract of land occupied by an existing use.
The exterior wall, face or plane of a building.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability. These uses shall be distinguished from a group occupying
a boarding house, club, fraternity or hotel.
See Part 3, "Zoning Districts and Use Regulations," for description of "family day care center."
See Part 3, "Zoning Districts and Use Regulations," for description of "farmers market."
Federal Communications Commission.
[Added by Ord. No. 1324, 3/12/2018]
A man-made barrier placed or arranged to enclose or screen
areas of land. The term "fence" shall be deemed to include a wall
if the wall is used as a fence.
Any combustible or explosive composition or any substance
or combination of substances or, except as hereinafter provided, any
article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration or detonation, and shall
include blank cartridges and toy cannons in which explosives are used,
the type of balloons which require fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles, aerial fireworks,
or other fireworks of like construction and any fireworks containing
any explosive or flammable compound or any other device containing
an explosive substance.
See Part 3, "Zoning Districts and Use Regulations," for description of "flea market."
The total area of all floors of the building or structure
used for human occupancy or required for the conduct of the business
or use, but excluding cellars, crawl spaces, garages, carports, attics
without floors, open porches, balconies, and terraces. Such area shall
be measured from the outside face of the walls or from the center
lines of party walls separating two buildings.
The ratio of the floor area to the lot area, as determined
by dividing the floor area by the lot area.
A building or part thereof used for the storage or parking
of one or more vehicles.
See Part 3, "Zoning Districts and Use Regulations," for description of "general merchandise store."
The elevation of finished ground or paving.
See Part 3, "Zoning Districts and Use Regulations," for descriptions of "group home for handicapped individuals" and "group home for non-handicapped individuals."
Those wastes where a 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 and subject to special state or
federal licensing.
See Part 3, "Zoning Districts and Use Regulations," for description of "health club."
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 1324, 3/12/2018]
The official board empowered by Act 167, 53 P.S. § 8001
et seq., and Borough Council to review and make recommendations regarding
changes with the Historic District.
The official Historic District established by the Borough
under the authority of Act 167, 53 P.S. § 8001 et seq.
Any structure or site listed on, or eligible to be listed
on, the National Register of Historic Places or the Commonwealth Inventory
of Historic Places, or which has been designated to be of historic
or architectural significance by the Borough Council as part of an
officially adopted list.
See Part 3, "Zoning Districts and Use Regulations," for description of "home occupation."
See Part 3, "Zoning Districts and Use Regulations," for description of "hospital."
See Part 3, "Zoning Districts and Use Regulations," for description of "hotel, motel and inn."
Surface that does not absorb water, including all buildings,
parking areas, driveways, roads, sidewalks, and any areas of concrete,
asphalt, and packed stone, and any other areas determined to be impervious
by the Borough Engineer. Uncovered plank decks and pervious paver
systems (designed to allow infiltration of stormwater consistent with
stormwater best management practices) shall be calculated as one-half
of the actual area when calculating the impervious surface ratio for
the lot. The total area of uncovered plank decks and pervious paver
systems shall not exceed more than 10% of the maximum allowable impervious
surface coverage within the zoning district.
The total of all areas having impervious cover within a lot
divided by the lot area.
Those physical additions, installations and changes required
by ordinance or the Borough Council, or proposed by an applicant or
property owner, such as streets, driveways, parking areas, curbs,
sidewalks, water mains, sewers, drainage facilities, public utilities,
and any other appropriate items required to render land suitable for
the use proposed.
Any discarded material or articles (including scrap metallic
or nonmetallic items, abandoned vehicles and equipment, paper, glass,
containers and structures.) It shall not include refuse or garbage
kept in a proper container for the purpose of disposal within 72 hours.
See Part 3, "Zoning Districts and Use Regulations," for description of "junkyard (salvage yard)."
See Part 3, "Zoning Districts and Use Regulations," for description of "kennel."
Shall consist of all the following: sink with piped water,
a cooking range with oven and a refrigerator.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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.
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.
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes 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 the proper authorities.
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a lessee if he
is authorized under the lease to exercise the right of the landowner,
or other person having a proprietary interest in land.
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 shall not be divided by a street and
shall not include any land within the right-of-way of a public or
private street upon which said lot abuts, even if the title to such
right-of-way is in the owner of the lot. A lot, for the purposes of
this chapter, must coincide with a lot of record or must satisfy criteria
within this chapter to meet minimum area and dimensional standards.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. 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°.
INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
REVERSE FRONTAGE LOTSLots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
THROUGH LOTAn interior lot having frontage on two streets.
The area contained within the lot lines, excluding space
within all existing and future road rights-of-way and any easement
which would interfere with the proposed use.
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
Any boundary line of a lot.
FRONT LOT LINEOrdinarily the street line except in the circumstance where a lot is bounded by streets on more than one side, in which case all street lines would be regarded as the front lot lines.
REAR LOT LINEA lot line opposite and most distant from the front lot line. A three-sided lot has no rear lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The distance measured between the side lot lines at the required
building setback line or build-to line where a build-to line is required,
and the street line; or, where there is only one side lot line, the
distance between the side lot line and the opposite rear lot line
or street line.
See Part 3, "Zoning Districts and Use Regulations," for description of "marina."
See Part 3, "Zoning Districts and Use Regulations," for description of "massage therapy."
See Part 3, "Zoning Districts and Use Regulations," for description of "light manufacturing" which includes "medical laboratories."
See Part 3, "Zoning Districts and Use Regulations," for description of "medical office."
See Part 3, "Zoning Districts and Use Regulations," for description of "membership club."
See Part 3, "Zoning Districts and Use Regulations," for description of "microwave or satellite dish."
See Part 3, "Zoning Districts and Use Regulations," for description of "auto repair garage-minor repairs."
See Part 3, "Zoning Districts and Use Regulations," for description of "mobile home."
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.
See Part 3, "Zoning Districts and Use Regulations," for description of "mobile home park."
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added by Ord. No. 1324, 3/12/2018]
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added by Ord. No. 1324, 3/12/2018]
See Part 3, "Zoning Districts and Use Regulations," for description of "hotel, motel or inn."
See Part 3, "Zoning Districts and Use Regulations," for description of "motor freight terminal."
A body politic and corporate created pursuant to the Act
of May 2, 1945, P.L. 382, No. 164, known as the "Municipalities Authority
Act of 1945," 53 P.S. § 301 et seq.
See Part 3, "Zoning Districts and Use Regulations," for description of "museum."
Wireless communications facilities located on existing structures,
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flagpoles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
[Added by Ord. No. 1324, 3/12/2018]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure that does not comply with
the applicable area, setback, yard, building height, location, size,
or impervious surface provisions of this chapter or amendment heretofore
or hereafter enacted, where such structure lawfully existed prior
to the enactment of this chapter or amendment or prior to the application
of this chapter or amendment to its location by reason of annexation.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
See Part 3, "Zoning Districts and Use Regulations," for description of "day care center."
See Part 3, "Zoning Districts and Use Regulations," for description of "nursery/greenhouse."
See Part 3, "Zoning Districts and Use Regulations," for description of "nursing home."
See Part 3, "Zoning Districts and Use Regulations," for description of "office."
The map as adopted or amended by Borough Council classifying
the streets of the Borough into functional categories.
The map as adopted or amended by Borough Council which designates
the location and boundaries of zoning districts.
That area of land and/or water to be restricted from future
development for the purpose of protecting natural features, providing
buffers, or for recreational purposes. Open space does not include
land occupied by streets, street rights-of-way, off-street parking
areas, driveways, land reserved for future parking areas, stormwater
management facilities and easements or areas used to handle stormwater
runoff, minimum separation distances between buildings, areas set
aside for public facilities, and, any portion of the minimum lot area
as required by this chapter.
The total amount of open space within the site divided by
the base site area.
The Zoning Ordinance for the Borough of Bristol (this chapter),
including the Official Zoning Map, Official Street Classification
Map, and any amendments enacted by Borough Council.
See Part 3, "Zoning Districts and Use Regulations," for description of "outdoor storage" and "outdoor storage or display."
Any area which is predominantly open space and is used principally
for active or passive recreation.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
A space available for the parking of one motor vehicle. A
parking space may include either covered garage space or uncovered
parking lot space located off the street right-of-way.
An area or courtyard which is not covered by a roof or permanent
awning, and is designed for outdoor living purposes as an accessory
use to a structure. A patio with footers, for purposes of this chapter,
shall be considered a structure which complies with all applicable
yard requirements in this chapter.
A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this chapter which authorizes an applicant to proceed with said use, building, or structure.
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration, or reconstruction.
OCCUPANCY PERMITA permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. For purposes of this chapter, an occupancy permit is also issued for all commercial and industrial uses and for multiple family dwellings where there is change in the use of a structure or parcel of land or the reoccupancy of a structure or land.
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that "person" does not include or apply
to the Borough or to any department or agency of the Borough.
[Added by Ord. No. 1324, 3/12/2018]
See Part 3, "Zoning Districts and Use Regulations," for description of "personal services."
See Part 3, "Zoning Districts and Use Regulations," for description of "retail establishments."
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
The building in which the principal use of a lot is conducted.
See Part 3, "Zoning Districts and Use Regulations," for description of private recreation facility.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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.
See Part 3, "Zoning Districts and Use Regulations," for description of "public park/recreation facility."
Any structure used for the transmission or retransmission
of a commercial radio or TV broadcasting signal.
See Part 3, "Zoning Districts and Use Regulations," for description of "public park/recreation facility" and "private recreation facility."
A vehicle (regardless of size) which is designed as a temporary
dwelling for travel, recreational and vacation uses (regardless of
whether it is self-propelled or is designed to be towed or carried
by another vehicle). "Recreation vehicle" includes campers, pickup
coaches, travel trailers or motor homes.
One or more rooms intended to be occupied by one family as
separate living quarters, but does not contain one or more of the
following: sanitary facilities and kitchen facilities.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added by Ord. No. 1324, 3/12/2018]
Letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
See Part 3, "Zoning Districts and Use Regulations," for description of "light manufacturing" which includes "research, engineering or testing laboratories."
Property with environmental resources including floodplain,
floodplain soils, wetlands, streams, waters of the Commonwealth, waters
of the U.S., watercourses, steep slopes, woodlands and trees, and
riparian buffers, to the extent protected by this chapter.
See Part 3, "Zoning Districts and Use Regulations," for descriptions of "fast food restaurant," "food take-out restaurant," and "standard restaurant."
See Part 3, "Zoning Districts and Use Regulations," for description of "retail center."
See Part 3, "Zoning Districts and Use Regulations," for description of "retail store."
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the Commonwealth or the Borough.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width for future street improvements.
See Part 3, "Zoning Districts and Use Regulations," for description of "boarding house."
All of the following: sink with piped water, a toilet, and
a bathtub or shower with piped water which is connected to a sewage
disposal system.
A system designed to collect, treat, and dispose of sewage
from users in compliance with regulations of the appropriate state
agency and of the Borough.
PUBLIC SEWERAny municipal, authority, or privately owned wastewater system in which wastewater is collected from buildings and piped to an approved wastewater disposal system. It may also be referred to as an "off-lot" or "off-site" sewer.
PRIVATE SEWERAn on-lot waste disposal system providing for disposal of effluent for only one building or a group of buildings on a single lot.
A visual display or image which is affixed to, painted, or represented directly or indirectly upon a building, structure, land, or any surface and which directs attention to an object, product, service, place, activity, person, institution, organization, or business, regardless of whether such display or image is permanent or temporary, but excluding displays or images which are decorative only. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs or parts of signs. See Part 6, "Signs," for definitions of specific sign types.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
All area within a site or tract as determined by a site survey.
BASE SITE AREAThe site area minus existing roads and their ultimate rights-of-way, utilities rights-of-way, other public easements, land which is restricted due to easements or covenants, and land shown on previous subdivision or land development plans as reserved from development for natural resource reasons, recreation and/or open space restrictions.
A wireless communications facility that meets the following
criteria:
[Added by Ord. No. 1331, 9/9/2019]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 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 1.1307(b).
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (solar time) on areas of a lot within required
yard areas.
See Part 3, "Zoning Districts and Use Regulations," for description of "solar energy system."
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.,
10901 et seq.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
[Added by Ord. No. 1324, 3/12/2018]
That portion of a building, included between the surface
of any floor and the ceiling next above it, having a vertical distance
of not less than seven feet shall be considered a full story. Any
such portion of a building having a vertical distance of less than
seven feet shall be considered a half-story.
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:
A public or private way used or intended to be used for passage
or travel by vehicles and pedestrians and which furnishes access to
abutting properties. The term street includes avenue, boulevard, road,
highway, freeway, parkway, lane, alley, and viaduct.
ARTERIALStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial streets are those streets which are so determined by Council with advice from the Borough Engineer.
COLLECTORStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so determined by Council with advice from the Borough Engineer.
LOCALStreets designed to provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets. Local streets are those streets which are so determined by Council with advice from the Borough Engineer.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way line or, where established
by ordinance or other means, the future right-of-way line. See definition
of "front lot line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but not
including poles with basketball backboards and hoops, children's play
equipment such as swings, slides and so forth, poles with clotheslines
(including umbrella types), poles with bird feeders, flagpoles, awnings
with pole supports, mail box posts, and public art sponsored by the
Borough or nonprofits recognized by the Borough.
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 or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
regardless of the actual repair work performed. The term does not,
however, include either of the following:
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 officials
and which are the minimum necessary to assure safe living conditions.
Any alteration of a "historic structure" (as that phrase is
defined in the Bristol Borough Historic District Ordinance) provided
that the alteration will not preclude the structure's continued designation
as a "historic structure."
[Added by Ord. No. 1324, 3/12/2018]
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
A building covered by land on at least 50% of the total surface
of its walls and roof.
See Part 3, "Zoning Districts and Use Regulations," for description of "commercial swimming pool."
See Part 3, "Zoning Districts and Use Regulations," for description of "commercial swimming pool," "noncommercial swimming pool," and "non-household swimming pool."
See Part 3, "Zoning Districts and Use Regulations," for description of "tavern."
See Part 3, "Zoning Districts and Use Regulations," for description of "temporary structure."
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
[Added by Ord. No. 1324, 3/12/2018]
See Part 3, "Zoning Districts and Use Regulations," for description of "transit station."
Any activity, occupation, business or operation carried on
or intended to be carried on in a structure or on a lot.
A use located on the same lot with a principal use, and clearly
incidental or subordinate to, and customarily in connection with the
principal use.
A use allowed subject to the provisions of this chapter,
exclusive of any nonconforming or illegal use.
The main use on a lot, which represents the primary activity,
occupation or business operation carried on, or intended to be carried
on, in a building or other structure or on a tract of land.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
See Part 3, "Zoning Districts and Use Regulations," for description of "animal hospital".
See Part 3, "Zoning Districts and Use Regulations," for description of "visitors' center."
See Part 3, "Zoning Districts and Use Regulations," for description of "warehouse."
See Part 3, "Zoning Districts and Use Regulations," for description of "mini-warehouse."
Any sanitary sewer, sewage system, sewage treatment or parts
thereof designed, intended, or constructed for the collection, treatment,
and satisfactory disposal of wastewater.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Borough.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.
Any intermittent or perennial, natural or man-made channel,
canal, millrace, creek, stream, ditch, dry run, spring, river, swale,
or any other natural or man-made feature conveying water.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, water courses, storm sewers, lakes, dammed water, ponds,
springs and all other bodies or channels of conveyance of surface
and underground water, or parts thereof, whether natural or artificial,
within or on the boundaries of this Commonwealth.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. No. 1324, 3/12/2018]
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturated soils conditions; or those
areas of lands defined as wetlands in either: (1) the United States
Army Corps of Engineers Wetlands Delineation Manual; or (2) the Pennsylvania
Department of Environmental Protection, "Wetlands Identification and
Delineation," 25 Pa. Code, Chapter 105, "Dam Safety and Waterways
Management," rules and regulations.
See Part 3, "Zoning Districts and Use Regulations," for description of "windmill."
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. No. 1324, 3/12/2018]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added by Ord. No. 1324, 3/12/2018]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
[Added by Ord. No. 1324, 3/12/2018]
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
[Added by Ord. No. 1324, 3/12/2018]
Areas, groves or stands of trees covering an area of 1/4
acre or greater.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted. The size of a required yard shall
be measured as the shortest distance between the structure and a lot
line or street line. No portion of a structure, building or use may
obstruct a yard area, unless otherwise specifically permitted by this
chapter.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line or street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
See "district."
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
