Unless otherwise expressly stated or unless the context clearly
indicates another meaning, the following words and phrases shall be
construed throughout this chapter to have the meanings indicated below:
A.
The present tense includes all other tenses; the singular includes
the plural, and the plural includes the singular; the masculine gender
includes the feminine and neuter; the word "used" includes the words
"designed" or "arranged"; the word "occupied" includes the words "designed
or intended to be occupied"; the word "shall" is always mandatory;
and the word "may" is always permissive. The words "as amended from
time to time," and the like, as applied to any statute, ordinance,
code, regulation, plan or map, include replacements, supplements or
restatements thereof; and reference to a particular article, section
or subsection which inherently refers to other articles, sections
or subsections includes all articles, sections or subsections referred
to.
B.
The word "Borough" means the Borough of West Chester, Chester County,
Pennsylvania; the term "Borough Council" means the Borough Council
of the Borough of West Chester; the term "Planning Commission" means
the Planning Commission of the Borough of West Chester; and the term
"Zoning Hearing Board" means the Zoning Hearing Board of the Borough
of West Chester.
C.
The terms "such as," "including" and the like are intended to introduce
matters which are illustrative of the meaning of the sentence, clause
or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear.
For the purpose of this chapter, the following words, terms
and phrases have the meanings indicated herein. Words, terms and phrases
used in this chapter that are not defined in this § 112-7
shall have their ordinary meanings or such as the context may imply.
The cessation of a use of a property (land and/or structures)
by the landowner with the intention of neither resuming the use nor
transferring rights of the property to another person who will so
use the property.
Having property or district boundary lines in common.
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is contiguous to a
section of street (public or private) on which the subject parcel
has frontage; i.e., a parcel across from the subject parcel.
A way of approaching or entering a property or lot of record
which must have direct access to a public street or highway or private
street meeting public street standards. "Access" includes ingress,
right to enter, and egress, right to leave.
A type of accessory use structure which is subordinate to
the principal permitted building on a lot.
A residential dwelling unit located on the same lot as a
single-family detached dwelling, single-family semidetached dwelling
and single-family attached dwelling unit which provides complete independent
living facilities for a maximum of two persons. It may take various
forms: a detached dwelling unit; a dwelling unit that is part of an
accessory structure, such as a detached garage; or a dwelling unit
that is part of an expanded or remodeled principal dwelling unit.
The adaptive reuse of a historic carriage house for an accessory dwelling
unit shall not be considered an ADU.
[Added 7-19-2023 by Ord.
No. 11-2023]
A use conducted on the same lot as a principal permitted
use to which it is related; and is clearly incidental and subordinate
to and customarily found in connection with a particular principal
permitted use of a lot.
Any building or other structure that is related to an accessory
use and is located on the same lot as a principal permitted use, such
as detached garages, sheds, fencing, walls, tennis courts, basketball
courts, swimming pools, pavements and other stationary man-made structures.
A strip of land which provides access, such as a street,
an easement or a driveway.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose which
it no longer serves.
Any construction which increases the size of an existing
building.
A nightclub, bar, restaurant or similar commercial establishment
which features:
Persons who appear in a state of nudity or semi-nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
An establishment wherein live displays of the human body
without a covering on specified anatomical areas are conducted, or
a building used for presenting films, motion pictures, videos, slides
or other displays, distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or
more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas as defined in this chapter; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities as defined in this
chapter.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult merchandise stores. Such other
business purposes will not serve to exempt such commercial establishments
from being categorized as an adult merchandise stores so long as one
of its business purposes is the offering for sale or rental for consideration
the specified materials which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas as defined in this chapter. An establishment which sells or
rents textbooks or reference materials which depict or describe specified
sexual activities or specified anatomical areas as defined in this
chapter shall not be considered an adult merchandise store.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
Results contributing to a harmful or degraded condition and/or
producing harm or degradation. "Adverse impacts" may include harmful
effects on surrounding land uses, such as the diminution of property
values or the degradation of historical resources; land use which
is contrary to the Comprehensive Plan and the intent of this chapter;
effects which may create a threat to the public health, safety and
general welfare; and effects on physical and biological resources
which will destroy flora and fauna, degrade water and air quality
or create excessive soil erosion.
See "sign" and "sign, outdoor advertising billboard."
Housing (i.e., the total cost of rent and utilities) that
does not cost more than 30% of a family's income, and is deemed affordable
to those with a household income no greater than 80% of the area median
income as established by the U.S. Department of Housing and Urban
Development. A development is considered an affordable housing development
where greater than 50% of the units are deemed affordable.[1]
A principal use involving the cultivating of the soil, the
raising and keeping of livestock and poultry and the harvesting of
the products of the soil, including horticulture and forestry.
Rights to develop or use the space above a property.
Land over which there is a right-of-way, municipally or privately
owned, serving as a secondary means of access to two or more lots.
Alleys shall be those shown on a list and map of the same maintained
by the Borough Manager.
Any change or rearrangement in the structural parts of a
building or structure or in the means of egress; any change to or
in a building which would alter its use classification; an enlargement,
whether by extending on a side or by increasing in height; or the
moving of a structure from one location or position to another. See
also "structural alteration."
Choices between or among two or more plans, layouts, approaches,
solutions and/or results.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
Goods and objects, such as furniture, textiles, silverware,
glass, jewelry and baskets, made in a former period and considered
to be of value due to their quality, style, appearance or age.
A landowner or developer, including heirs, successors, assigns
and grantees, who has filed a complete application for subdivision
and/or land development, as hereinafter defined, or complete application
for a special exception, variance or conditional use.
Every application, whether preliminary or final, which is
required by the Borough to be filed and approved prior to the start
of construction or development, including but not limited to an application
for a building permit or a use and occupancy permit, applications
for approval of a conditional use, subdivision plan or land development
plan and applications to the Zoning Hearing Board for a special exception,
variance, interpretation or other action.
An establishment where more than three mechanical amusement
devices are made available for use by patrons therein. See also public
place of amusement.
Any premises in which food, shelter, assisted living services,
assistance or supervision and supplemental health care services are
provided for a period exceeding 24 hours for four or more adults who
are not relatives of the operator, who require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation from the residence in the event of an emergency or medication
prescribed for self-administration. The facility must hold a valid
assisted living residence license from the Pennsylvania Department
of Human Services or successor agency.
Any indoor or outdoor facility, natatorium, court, or field
designed for intercollegiate sports competitions, and which includes
spectator seating and related amenities and any community use of same,
whether for rent or by donation.
[Added 10-20-2021 by Ord.
No. 10-2021]
Any outdoor facility with an open, relatively level, natural
or artificial turf surface or an indoor facility designed for team
sports, games and recreational activities which do not require spectator
seating for more than 20 people and are typically used by students
for intramural sports and similar activities.
[Added 10-20-2021 by Ord.
No. 10-2021]
A facility for the primary use of the university and its
students providing indoor seating for meetings or live performances
with a maximum seating capacity of 1,500 seats, including any community
use of same, whether for rent or by donation, but not including a
movie theater, adult cabaret or tavern.
[Added 10-20-2021 by Ord.
No. 10-2021]
Establishments engaged in furnishing automotive repair services
to the general public. See also "garage, public."
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailers or recreation vehicles, and including any warranty repair
work and other repair service conducted as an accessory use.
A building or place of business where gasoline and automobile
accessories are dispensed directly to the general public and where
automotive repair service may or may not be rendered.
An institution for lending, borrowing, exchanging, issuing
and safeguarding money; an office or building used for such purposes.
An enclosed area of a building partly or completely below
grade. A basement shall be considered as a floor for the purpose of
gross floor area measurement if the basement ceiling is five feet
or more above the average ground level around the building.
An accessory use converted or designed for the temporary
lodging of transient guests.
Results contributing to an improvement in condition and/or
producing a favorable result, such as making a use more compatible
with the intent of this chapter and the goals of the Comprehensive
Plan and promoting the public health, safety and general welfare.
A mound of earth which serves purposes such as directing
the flow of surface water runoff, preventing soil erosion or supporting
plant materials and to aid in screening.
An off-premises sign constructed and maintained by a professional
sign company or by the outdoor advertising industry on which advertisement
space is leased for a fixed period of time.
An area of land surrounded by streets or surrounded by streets
and alleys.
All lots abutting one side of a street between the two nearest
intersecting streets or one intersecting street and a street dead
end.
The Board, referred to as the "HARB," which conducts reviews
of proposed building construction and/or alteration work within the
Historic District and performs other duties as set forth in this chapter.
A premises that manufactures and produces malt or brewed
beverages as defined by the Pennsylvania Liquor Code[2] and that is licensed as a manufacturer or limited brewery
by the Pennsylvania Liquor Control Board.
An earthen mound, berm, fence, wall and/or buffer planting
strip which is a barrier to visibility, glare, noise or airborne particles
between lots or uses of land.
A strip of required yard space adjacent to and within the
boundary of a property or district, no less in width than is designated
in this chapter, which is landscaped for the full width and forms
a continuous visual buffer to provide maximum protection and immediate
visual screening to an abutting property, district or street. The
required screen or buffer area shall be permanently maintained. Buffer
areas shall be in accordance with this chapter.
A strip of land within the required buffer area, which is
landscaped with trees and shrubs and which is maintained in accordance
with this chapter and the applicable district regulations.
A line with which the exterior wall of a building is required
to coincide, that runs parallel to the property line, as measured
perpendicularly to the curb or edge of a street cartway, that enables
the alignment of buildings on a block in order to maintain the traditional
character of the streetscape of the Borough.
Any structure having a roof supported by enclosing walls
or columns, contained within lot lines.
See "height of building."
The aggregate of the ground-level floor areas of the principal
building and all accessory buildings. Such areas shall be computed
by using outside building dimensions measured on a horizontal plane
at ground level.
Chapter 43, Building Construction, of this Code.
The amount of the lot area covered by buildings.
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard building setback line.
The line bounding that portion of a lot not contained within
the required front, side and rear yards and within which the principal
building must be located.
The line established within a lot, measured from the street
right-of-way and parallel thereto, defining the minimum distance in
which no building may be constructed. In the case of an interior lot
not fronting a street for its entire width, the building setback line
shall be a line parallel to the street right-of-way, measured from
the property interior line nearest the street, defining the minimum
distance in which no building may be constructed.
A building which has no wall in common with another building.
A structure in which the primary use of a lot is conducted,
designed to be conducted or intended to be conducted.
A building which has only one wall in common with an adjacent
building.
Used to describe the sizes of buildings or other structures
and their relationship to each other, to open areas, such as yards,
and to lot lines, and including:
An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in this chapter and Chapter 90A of the Code, titled "Restaurant-Cafes," which area is defined as the area bounded by Gay Street to the north, Matlack Street to the east, Market Street to the south and Darlington Street to the west, as well as the High Street corridor between Chestnut Street and Miner Street and the Market Street corridor between Darlington Street and New Street.
An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in this chapter and Chapter 90A of the Code, titled "Restaurant-Cafes," which area is defined as all areas of the Cafe I District and the High Street corridor between Miner Street and Dean Street and Church Street between Chestnut Street and Miner Street.
The diameter of a tree trunk measured at a point six inches
from the ground surface at the center of the base of the tree for
all existing trees.
A building or portion thereof where vehicles are cleaned
manually or by using a conveyor, blower, steam-cleaning equipment,
or other devices.
The paved surface of a street available for vehicular traffic.
A line in the center of a street which is equidistant from
and parallel to the street lines.
The portion of West Chester which lies within the Town Center
District where retail stores or shops are clustered, along with restaurants
and cafes and personal service shops, and which is formed by the areas
which comprise the Retail Overlay District.
An historic district which has been delineated by the Borough
of West Chester and certified for historical significance by the Pennsylvania
Historical and Museum Commission in accordance with Pennsylvania Act
No. 167.
A building or structure identified by the Borough of West
Chester and listed in the National Register of Historic Places or
located within a registered historic district and certified by the
Secretary of the Interior as being of historical significance to the
district.
Rehabilitation/construction plans and work which has been
approved by the National Park Service in order to qualify for federal
historic preservation tax incentives.
A use conducted by an organization which is classified as
a charity by the Internal Revenue Service.
A building utilized for public divine worship. The term "church"
shall also include "temple," "synagogue," "mosque" and other similar
places of worship.
See "hospital."
A nonprofit social, professional or charitable organization
characterized by the payment of dues, regular meetings and a constitution
and bylaws. A building is used for club or lodge purposes when it
serves as a meeting place for such organization and is not an adjunct
to or operated by or in connection with a public tavern or other public
place, although it may be used for recreational and/or dining facilities
for the membership and their guests.
An arrangement of residential buildings that allows for grouping
the buildings by reducing the area and bulk requirements for each
lot while creating designated open space.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
The Code of the Borough of West Chester, as codified and
amended from time to time.
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale or service activities for profit.
A parking facility, area or lot that is used as a commercial
enterprise for the parking of motor vehicles and contains parking
spaces leased to the general public or reserved for individuals by
the hour, day, week or month. This definition shall not include storage
of vehicles awaiting repair, pending insurance or legal action or
awaiting demolition, vehicles stored for stripping of parts, or parcels
containing an automobile sales and/or service use.
The services which provide for various community, educational,
safety, leisure and like needs and the locations at which these services
are provided. Typical community facilities include, but are not limited
to, parks, recreation centers, libraries, museums, the YMCA, the YWCA,
the West Chester Senior Center and the Salvation Army.
A parcel of land gardened or cultivated by a group of people,
individually or collectively, where land is typically divided into
individual plots for the purpose of private food production or horticulture.
Community gardens shall not be used for commercial production of food
or horticultural products and shall not include keeping of animals.
[Added 10-18-2023 by Ord. No. 16-2023]
The Borough of West Chester Comprehensive Plan, as may be
amended from time to time, including maps, tables and text, which
constitutes a policy guide for decisions, including but not limited
to decisions regarding land use, circulation, community facilities
and utilities within the Borough.
A use which may be permitted by Borough Council in a zoning
district only when specific standards and criteria are met.
Real estate, portions of which (including dwelling units)
are designated for separate ownership and the remainder of which is
designated for common ownership solely by the owners of those portions
in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A
§ 3101 et seq., as amended and in accordance with the provisions
of open space, streets or other development features of this chapter.
All work necessary for the erection, alteration, structural
alteration or exterior finishing of any building or structure or portion
thereof, including the placement of a mobile home.
The erection, repair, renovation, demolition or removal,
rehabilitation or other work performed for, to, on or with regard
to any building or structure, including the excavation, filling and
grading of lots in connection therewith or in preparation thereof.
The total necessary land required for all buildings or uses
within a unified development before a building permit may be issued.
A visually impenetrable screen from the ground to a height
of at least six feet created through the effective use of plant materials,
fencing, walls and/or earthen berms.
A resource in an historic district or historic complex which,
as filed with the National Register or the Bureau for Historic Preservation,
supports the district's or complex's historical significance through
location, design, setting, materials, workmanship, feeling and association.
An alteration of a building, structure or land by change
of use or by increasing dwelling units.
See "lot, corner."
A use which includes art, drama, music, single screen film
showings, dance, science and/or history in the form of a museum, theater,
or like facility. Such use shall not include a dance club or nightclub
or any adult entertainment uses, such as adult theaters, adult motion-picture
theaters, adult entertainment centers or adult cabarets.
CHILDA facility which exclusively provides supplemental parental care and supervision and/or instruction between the hours of 6:00 a.m. and 7:00 p.m. to seven or more children simultaneously, 15 years of age or younger, who are not relatives of the caregiver, where tuition, fees or other forms of compensation are charged, and which holds a valid certificate of compliance (license) from the Pennsylvania Department of Human Services or successor agency. Such facility shall have an outdoor play area which shall be enclosed with fencing.
ADULTA facility which provides or arranges for services to assist in meeting the needs, including personal care, social, nutritional, health and educational needs, of four or more adults who are not relatives of the facility operator, between the hours of 6:00 a.m. and 7:00 p.m., where fees or other forms of compensation are charged, and which holds a valid license as an older adult daily living center from the Pennsylvania Department of Aging or successor agency. The term does not include a facility that provides services to persons whose needs are such that they can only be met in a long-term care facility on an inpatient basis receiving professionally supervised nursing care and related medical and other health services.
An open platform constructed of wood, metal, or composite
or synthetic material, attached to a principal building, having no
enclosing walls, roof or shelter from the weather.
Characteristics related to the distribution, density and
vital statistics of populations.
The dismantling or tearing down of all or part of the exterior
portion of a building or structure.
A measure of the number of dwelling units per acre calculated
by dividing the total number of dwelling units on a lot by the lot
area.
See "registered design professional."
Areas allocated to meet the requirements for open space in the NC-1 District through the cluster development option, designed for the use or enjoyment of residents of the subdivision or land development in accordance with Article IV.
The process wherein an historic resource is determined by
the Secretary of the Interior as meeting National Register criteria,
but not listed in the National Register.
Any landowner, equitable owner or authorized agent of such
landowner, or tenant with permission of the landowner, who formally
proposes or makes or causes to be made a subdivision, land development
or any other development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction or alteration of buildings
or other structures, the placement of mobile homes, streets or other
paving, utilities, filling, grading, regrading, excavation, mining,
dredging or drilling operations and the subdivision of land; provided,
however, that the following shall not be considered as development:
routine maintenance; incidental grading related to gardening, cultivation
and the like; and minor structural alterations to a building.
A Borough of West Chester official or designated representative
whose duties include the administration of this chapter.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, who
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
A premises that manufactures, makes and distills alcohol
or liquor from raw materials, blended or rectified, or any place wherein
alcohol or liquor is produced by any method suitable for the production
of alcohol and that is licensed as a manufacturer or limited distillery
by the Pennsylvania Liquor Control Board.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A building that contains dwelling rooms that provide sleeping
and living accommodations for students enrolled at a college or university,
occasional college or university guests, participants in college-
or university-sponsored summer camps and members of its faculty or
staff, provided that the dormitory is owned or managed by the college
or university where the students are enrolled or, in the case of a
college or university owned or operated by a governmental unit, the
dormitory is owned or operated, or both, by an entity that was formed
to promote the interests of, and is operated for the benefit of, that
college or university.
A private accessway for vehicles which connects a street
to an alley or another street, or to a parking space, garage, dwelling
or other building.
A building designed or modified for and occupied exclusively
for residential purposes, excluding a hotel, rooming house, club or
lodge, but including a mobile home.
One or more rooms in a building, designed for occupancy by
one family for living purposes and having its own permanently installed
cooking and sanitary facilities, with no enclosed space (other than
vestibules, entrances or other hallways or porches) in common with
any other dwelling unit. No dwelling unit shall have more than 50%
of its exterior below the level of the exterior grade. A dwelling
unit may be contained in any of the following structures:
SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
SINGLE-FAMILY DETACHED, MOBILE HOMEA transportable single-family detached dwelling unit intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and is constructed as permitted in this chapter, with the same, or equivalent, electrical, plumbing and sanitary facilities as for a conventional single-family detached dwelling. A mobile home shall include any addition or accessory structure, such as porches, sheds, decks or additional rooms, which is attached to it. A mobile home does not include recreational vehicles or travel trailers.
SINGLE-FAMILY SEMIDETACHEDA building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent building.
SINGLE-FAMILY ATTACHEDA building designed for and occupied exclusively as a residence for only one family and having two party walls in common with an adjacent building, except for end units.
TWO-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent building.
TWO-FAMILY SEMIDETACHEDA building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having one party wall in common with an adjacent building.
TWO-FAMILY ATTACHEDA building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having two party walls in common with adjacent buildings.
MULTIFAMILYA building containing three or more dwelling units; including but not limited to triplex, quadraplex, and apartment buildings.
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accessways and hallways.
QUADRAPLEXA building containing four dwelling units, each unit of which has open space on two nonparallel walls.
TRIPLEXA building containing three of more dwelling units, each unit of which has an open space on at least one side.
A right, privilege or other interest granted or reserved
for the use of land for a particular purpose or to prevent the use
of land for a particular purpose.
Characteristics related to the expenditures and revenues
in conjunction with the management of income of a household, private
business, community, association and/or government.
Land or buildings used by a university, as defined herein,
for instruction and learning, including classrooms, laboratories,
and libraries, and any community use of same, whether for rent or
by donation. The term shall exclude driver training schools, heavy
equipment training, riding schools, child day-care centers, adult
day-care centers, family day care homes and group day care homes.
[Added 10-20-2021 by Ord.
No. 10-2021]
Land or buildings used for the establishment and maintenance
of a public or private college, secondary or elementary school or
other educational institution for academic, moral or spiritual pursuits
or the development of physical or manipulative skills, which is organized
and existing under the laws of and, if required, licensed by the Commonwealth
of Pennsylvania, excluding spas or similar commercial activities.
The effective date of this chapter is August 23, 1966, except
that, as to amendments, the effective date shall be the date when
the particular amendment became or becomes effective.
[Added 2-21-2024 by Ord. No. 01-2024]
LEVEL 1A method that provides charging for an EV battery using a 120V single-phase electric service with a 15A or 20A circuit breaker. This method is considered slow-speed charging and does not require any special EV charging equipment.
LEVEL 2A method that provides charging for an EV battery using a 240V/208V single-phase or three-phase electric service with a 40A to 100A circuit breaker. This method is considered medium-speed charging and requires the installation of specialized EV charging equipment at the EVCS.
LEVEL 3A method also known as direct current fast charging (DCFC) that provides charging for an EV battery using a 480V three-phase electric service. This method is considered high speed and requires the installation of highly specialized, high-powered EV charging equipment.
An electric vehicle battery charging station serving an electric
vehicle parking space.
[Added 2-21-2024 by Ord. No. 01-2024]
A vehicle that operates, either partially or exclusively,
on electrical energy from the electrical grid, or an off-grid source,
that is stored on board for motive purposes.
[Added 2-21-2024 by Ord. No. 01-2024]
Any designated parking space that is provided to allow EV
access and use of an EVCS.
[Added 2-21-2024 by Ord. No. 01-2024]
A condition that:
Any work performed for the purpose of preventing or mitigating
the physical or mental trauma or property damage threatened or caused
by an emergency.
The Zoning Officer and/or his duly appointed assistants of
the Borough who is hereby designated and authorized to enforce the
provisions of this chapter.
An addition to the floor area or increase in size of an existing
structure, an increase in the area of a parcel which is occupied by
an existing use or an increase in the intensity of a use as a result
of increased parking, traffic generation, sewage disposal system or
other impacts on surrounding land uses, existing or zoned.
The performance standards set forth in this chapter pertaining
to environmental quality and environmental degradation.
See "impact assessment report."
A person who for consideration agrees or offers to act as
a companion, guide or date for another person, or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person. This definition shall not include individuals who
provide care, support or companionship to the elderly, disabled or
infirm.
A person or business association that furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Any place or premises, whether public or private, where any
person conducts any enterprise, occupation, vocation or business,
whether or not for profit and whether temporarily or permanently located.
One or more individuals living together in a dwelling unit
as a single nonprofit housekeeping unit, and doing their cooking on
the premises, when said individuals are related by blood, marriage
or adoption; or no more than four unrelated individuals living together
as a single nonprofit housekeeping unit in a single-family dwelling
and no more than two unrelated individuals living together as a single
nonprofit housekeeping unit in a two-family or multifamily dwelling;
or, by special exception granted by the Zoning Hearing Board, no more
than three unrelated individuals living together as a single nonprofit
housekeeping unit in a two-family or multifamily dwelling. This definition
excludes occupants of a club, dormitory, fraternity, sorority house,
lodge or rooming house, group quarters and a student home.
A building used principally as a residence by one adult caregiver,
operated for profit or not for profit, in which child day care is
provided, between the hours of 6:00 a.m. and 7:00 p.m., at one time
to four, five or six children who are not relatives of the caregiver.
A family day care home must hold a valid certificate of registration
as a "family day care home" from the Commonwealth Department of Human
Services, or successor agency, and must obtain a family day care permit
from the Borough Zoning Officer.
Federal Communications Commission.
A freestanding and uninhabited structure consisting of materials
such as wood, metal, plastic, wire, wire mesh, masonry or vegetation,
or in combination with other materials, 2 1/2 feet high or higher,
erected to secure or divide one property from another or part of a
property from a remaining part, to assure privacy, to protect the
property so defined or to enclose all or part of the property. A freestanding
masonry wall shall be considered to be a fence.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of any portion
of the land.
An occasional or periodic market held in an open area or
structure where groups of individual sellers offer goods for sale
to the public.
A building designed for one or more of the following uses
and no others: office, assembly, warehousing/storage or light manufacturing.
Each flex space building shall have no less than 30% of the building
area used for office space. Warehousing, assembly or light manufacturing
shall be a use which shall occupy no more than 70% of the building
area.
The sum of the gross livable areas of the several floors
of a building or buildings, measured from the face of the exterior
walls or from center lines of walls separating two buildings. In particular,
floor area includes but is not limited to the following:
Basement space, if it meets the requirements of a building story.
Elevator shafts, stairwells and attic space, whether or not
a floor has been laid, providing structural headroom of eight feet
or more.
Roofed terraces, exterior balconies, breezeways or porches,
provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes, no matter
where located within the building.
Accessory buildings, excluding space used for accessory off-street
parking or used for loading berths.
Any other floor space not specifically excluded, excluding space
used for air-conditioning machinery or cooling towers and similar
mechanical equipment serving the building and cellar space.
Every substance intended for human consumption, whether in
solid or liquid form, excluding any substance the sale of which is
regulated by the Pennsylvania Liquor Control Board.
The management of forests and timberlands for the purpose
of encouraging maintenance and management of forested or wooded open
space, 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.
See "yard, front."
A building used for the preparation of the deceased for burial
or cremation and the display of the deceased and ceremonies connected
therewith before burial or cremation.
A building accessory to a dwelling, for the storage of motor
vehicles owned and used by the owner or tenant of the lot on which
it is erected for a use which is necessary to the principal permitted
use of the lot. A garage shall not provide for the storage of more
than two motor vehicles unless the lot contains more than 1,250 square
feet for each motor vehicle which is stored, nor shall it be used
for the storage of more than two motor vehicles owned and used by
others, regardless of the size of the lot.
A building, not a private or storage garage, used solely
for the storage, sale, service or repair of motor vehicles. See also
"automotive sales and service," "automotive service station" and "automotive
repair facilities."
Distracting, blinding or harsh, uncomfortably bright light
originating from or reflecting off of man-made objects, such as lighting
fixtures, automobiles, signs and structures.
Nonresidential, county, state and/or federal governmental
buildings and/or facilities designed and intended to be used or occupied
by the county, state and/or federal government or designed or intended
by such governmental entities for public use sponsored by such governmental
entities.
That portion of a tract or lot maintained or landscaped with
shrubs, trees, ground cover, soil, mulch, grass, vegetable gardens
and/or flowerbeds, but not including stone or gravel, and not occupied
by any buildings, pavement or other impervious surfaces, except in
the Town Center District, as provided for in this chapter.
See "density."
The sum of the horizontal areas of all floors of a building,
measured from the exterior face of exterior walls or from the center
line of a wall separating two buildings, but not including interior
parking spaces, loading space for motor vehicles, any space where
the average floor-to-ceiling height is less than six feet, or any
basement where the basement ceiling is less than five feet above the
average ground level around the building.
The floor of a building or structure that is closest in elevation
to the elevation of the street and adjacent to the street that provides
pedestrian and vehicular access to the building. For buildings that
can be accessed from two streets (e.g., a primary street and an alley),
the part a floor that is at a higher or lower elevation and is adjacent
to the alley is not part of the ground floor.
A group of unrelated individuals who are handicapped persons,
as defined in Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988, and who reside as a family
in a dwelling unit. Such group of individuals shall have the right
to occupy a dwelling unit in the same manner and to the same extent
as any family as defined in this chapter.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, who
holds a permit issued by the Department of Health (DOH) of the commonwealth
to grow and process medical marijuana.
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.
The vertical distance measured from the average level of
the finished grade along all the exterior walls of a building or structure
to:
The highest point of the roof in case of a flat roof.
The mean height between eaves and ridge in the case of a pitched
roof.
The highest point of any structure which rises above the roofline
and which floor area equals or exceeds 20% of the ground floor area
of the building which supports it.
Any building, structure or site that is officially recognized
for its historic and/or architectural significance by the United States
Department of the Interior, the Pennsylvania Historical and Museum
Commission, the Chester County Historic Preservation Office or the
West Chester Historical and Architectural Review Board or is designated
as contributing to a National Register or Municipal Historic District.
An accessory building that is shown on the Historic Carriage
House Map adopted by the Borough and contained in the Appendix;[3] or shown on the National Register of Historic Places;
or considered to be eligible for the National Register of Historic
Places through a determination of eligibility (DOE); or of historic,
architectural or cultural significance as determined by Borough Council
upon application to and review by HARB.
Any area or district within the Borough of West Chester designated
by ordinance of the Borough of West Chester pursuant to Pennsylvania
Act No. 167 of 1961, as amended from time to time.[4]
All buildings, sites, structures, objects and districts shown
on the Borough of West Chester Historic Resources Map and sites, areas,
structures, trails and/or routes which are valued due to their significance
as examples and/or locations of events, customs, skills and/or arts
of the past.
An official list, appropriately documented, of historic resources
in the Borough of West Chester and their classifications.
An accessory use of a dwelling or a dwelling unit for any
lawful activity normally conducted for pecuniary gain by a resident
within a residential dwelling unit, located and conducted so as not
to interfere with the quiet enjoyment of neighboring residential properties
and which complies with the standards for home occupations set forth
in this chapter.
A nonprofit organization composed of homeowners or property
owners, planned and operated under approved rules and regulations
for the purpose of serving the needs of residents through the maintenance
of community-owned property. This term is synonymous with "property
owners' association."
The art and practice of propagating and cultivating plants
for their produce or for ornament.
An institution providing primary health services and medical
or surgical care to persons, some of whom are inpatients, suffering
from illness, disease, injury, deformity and other physical or mental
problems. When conducted as an integral part of the hospital, related
accessory facilities, such as laboratories, outpatient facilities,
training facilities or offices for doctors and other medical personnel
affiliated with the hospital, may be an accessory use to the hospital.
A building without cooking facilities of any kind in the
rooms, especially designed for the temporary lodging of transient
persons. Such establishment shall provide customary hotel services,
such as maid service and the furnishing and laundering of linen. Eating
and drinking facilities may be an accessory use to the hotel.
Domestic animals normally considered to be kept in or in
conjunction with a dwelling unit for the pleasure of the resident
family, such as dogs, cats, small birds, gerbils and other similar
pets normally sold by retail pet stores.
Housing qualifying for an exemption from the federal Fair
Housing Act, including dwelling units provided under any state or
federal program that the Secretary of the Department of Housing and
Urban Development has determined to be designed and operated to assist
elderly persons; dwelling units intended for and solely occupied by
persons 62 years of age and older; or dwelling units intended and
operated for occupancy by persons 55 years of age or older.
The power of an event or condition to produce changes in
other conditions. In the context of impact exerted on the environment,
changes which affect existing conditions and/or quality are of greatest
concern.
An assessment which objectively describes, analyzes and documents
both the beneficial and adverse environmental effects of a proposed
subdivision and/or land development and the measures to be undertaken
to mitigate adverse effects in accordance with the provisions set
forth in this chapter and the Subdivision and Land Development Ordinance.[5]
The amount of the lot area covered by impervious surfaces
which have materials that do not normally absorb rainfall, such as
buildings; roofs; paved areas, such as streets and parking lots; and
paved walks and similar surfaces.
Physical additions and changes to land, such as grading,
paving, curbing, fire hydrants, water mains, sanitary sewers, storm
sewers, storm drains, catch basins, culverts, sidewalks, monuments,
crosswalks, bridges, earthworks, streetlights, wells, street trees
and other plantings and other structures that may be necessary to
produce usable and desirable land development.
The basic installations and facilities on which the continuance
and growth of a community depend, such as roads, schools, electrical
transmission facilities, transportation and communication systems
and sewer and water systems.
A use or activity that is public or quasi-public in nature
that includes, but is not limited to, educational uses, hospitals,
personal care homes, assisted living facilities, skilled nursing facilities,
religious uses, and certain nonprofit organizations catering to the
public.
See "lot, flag or interior."
An area of land, with or without buildings, used for storage,
outside a completely enclosed building, of used and discarded materials,
including but not limited to wastepaper, rags, metal, building materials,
house furnishings, machinery or vehicles or parts thereof, with or
without the dismantling, processing, salvage, sale or other use or
disposition of the same.
An establishment where six or more dogs, cats or like domesticated
animals more than one year old are kept, boarded, groomed, trained,
raised or bred for compensation.
A building or group of buildings which houses the facilities
for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale, except as
an accessory use.
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.
Provided, however, the following shall be excluded from the
term land development:
The addition of an accessory building, including farm buildings
on any lot or lots subordinate to an existing principal building,
where such accessory building is 500 gross square feet or less in
area and which does not require any alteration to vehicular ingress
or egress; or
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
A sketch, preliminary or final plan submitted in compliance
with the requirements of the Borough of West Chester Subdivision and
Land Development Ordinance,[6] showing the provision for development of a tract of land.
See also "subdivision plan."
The legal, beneficial or equitable 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 authorized under the lease to exercise the rights of the landowner,
or another person having a proprietary interest in the land.
That portion of a tract or lot in which plantings have been
installed in accordance with the provisions for landscaping in this
chapter. The landscaped area includes the buffer planting strip and
those plantings which serve a functional and/or aesthetic purpose
and are located around and between buildings, roads, parking areas,
sidewalks, walkways, sitting areas, service or maintenance structures,
courtyards and the like.
The planting of trees, shrubbery, ground cover, turf grass
and the like, including the maintenance and replacement thereof, for
the control of erosion, retention of precipitation or surface water
runoff, promotion of human comfort and welfare, screening of glare,
baffling of noise, creation of shade, articulation of space, screening
of parking and loading areas or for other functional or environmental
reasons.
A plan for the installation and maintenance of plantings,
prepared according to the provisions of this chapter.
An establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public for
family laundering or dry-cleaning purposes.
Uses involving manufacturing or assembly of parts, equipment
and machinery.
A use consisting of an office, artisan studio, or personal
service shop on the first floor, and a dwelling unit or dwelling units
on the second floor and above.
Animals of any kind raised for sale, resale or agricultural
field production. The keeping of one or more horses or ponies for
noncommercial recreational purposes or for pleasure or the keeping
of common household pets, such as dogs, cats and the like, for noncommercial
purposes shall not be considered as the keeping of livestock.
A space in a building or on a lot which is accessible from
the public street system for the temporary use of vehicles while loading
or unloading merchandise, materials or passengers.
Results which are manifest for or extend over a long period
of time.
A contiguous area of land, undivided by any street or private
road or dedicated future street right-of-way. Such parcel shall be
held in single and separate ownership and separately described by
metes and bounds, the description of which is recorded in the office
of the Recorder of Deeds of Chester County by deed description or
is described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Chester County.
The area of land contained within the property lines of a
lot, including the area of any easement, but excluding any area within
an existing or designated future street or a transportation right-of-way.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
A property boundary line shown on a recorded plan or described
in a recorded deed. In the case of any lot abutting a street, the
lot line for such portion of the lot as abuts such street shall be
deemed to be the same as the street line and shall not be the center
line of the street or any other line within the street right-of-way.
That boundary line of the lot parallel to the street line,
provided that any portion of the lot which crosses the street line
will have the street line as its front lot line. In the case of a
corner lot, both street lines shall be deemed the front lot line.
A lot line opposite and most distant from the front lot line.
If the rear lot line is less than 10 feet in length or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, between the side lot lines,
parallel to and at the maximum distance from the front 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.
Any lot line which is not a street line or a rear lot line.
The lot area.
The distance measured between the side lot lines at the required
building setback line. When there is only one side lot line, as in
the case of a corner lot, the lot width shall be measured between
such lot line and the opposite lot line.
A lot abutting upon two or more intersecting streets or upon
two parts of the same street at the point of an abrupt change in direction,
forming an interior angle at the corner point of less than 135°.
Any lot which has limited frontage and connection to a street
by means of an access strip of the required minimum lot width at the
street line.
A lot extending between and having frontage on two generally
parallel streets.
A parcel or contiguous parcels of land under single ownership
divided into two or more manufactured home lots for rent or sale,
which has been planned and improved for the placement of manufactured
homes for nontransient dwelling use and which consists of two or more
manufactured home lots.
A public common carrier transportation system for trains,
buses, jitneys and other like transit with established routes and
fixed schedules for trains, buses, jitneys and other like transit.
An establishment in which personal massages are offered to
customers or clients but excluding any establishment or use therein
which would be prohibited by the Pennsylvania Crimes Code.[7]
Any electronic or mechanical device, machine or apparatus
which, upon the insertion of a coin, token or slug or other form of
payment, operates or may be operated as a game or contest of skill
or amusement of any kind or description and which contains no automatic
payoff devices for the return of money or tokens or slugs or which
makes no provision whatever for the return of money to the player.
A mechanical amusement device is also any electronic or mechanical
device, machine, apparatus or contrivance which is used, or which
may be used as a game of skill and amusement wherein or whereby the
player initiates, employs or directs any force generated by the machine.
The term "mechanical amusement device" is also hereby defined to be
and shall include each machine vending (visual) entertainment in return
for the insertion or deposit therein of a coin or token or slug; provided,
however, that this does not include coin-operated radios or television
sets in private quarters.
A medical establishment offering outpatient medical or dental
services operated by a physician or dentist who is licensed to practice
in the Commonwealth of Pennsylvania.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to Act 16.[8]
A parabolic reflector, together with its pedestal and any
other attachments and parts thereof, commonly referred to as a "dish-shaped
antenna," used or intended to receive radio or electromagnetic waves
from an overhead satellite.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone, dolomite, sand,
gravel, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite,
clay, anthracite and bituminous coal, coal refuse, peat, crude oil
and natural gas.
An establishment consisting of attached individual units
used exclusively for the storage of goods, together with one office
area for administrative support, provided that:
No exterior storage shall be permitted on the premises.
No storage of petroleum products, explosives, firearms, volatile
or flammable chemicals or any other property or material which would
materially increase the hazard or likelihood of fire, explosion or
other casualty shall be permitted on the premises.
No storage of foodstuffs, produce, or other perishables shall
be permitted on the premises.
No storage of pets or animals shall be permitted on the premises.
No unit shall be used for any purpose other than the exclusive
use for storage as permitted.
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 of or relocation
of any standpipe, water supply sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
The act of precluding a potentially adverse effect and/or
making a potentially adverse effect less severe through measures which
will improve a condition and/or lessen the impact.
See "dwelling unit, single-family detached, 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 which is leased by the
mobile home park owner to the owner or occupants of the mobile home
erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use
and consists of two or more mobile home lots. See also "manufactured
home park or subdivision."
A WCF or site that 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.
A device designed or used for decreasing or abating the level
of sound escaping from an engine, machinery or like system.
Any use conducted by West Chester Borough, an agency of the
Borough or any authority created by the Borough for administrative
buildings, equipment or material storage, public park or recreational
areas, public sewage treatment and/or water supply collection, treatment,
storage and/or distribution facilities, stormwater management facilities,
public parking garages, public libraries or any similar use owned
and operated by the Borough, an agency of the Borough or any authority
created by the Borough. The definition of "municipal use" expressly
excludes any use by any governmental agency or authority other than
those of West Chester Borough.
The National Register of Historic Places, a list maintained
by the Secretary of the Interior composed of buildings, sites, structures,
objects and districts of national, state or local significance in
American history, architecture, archaeology, engineering and culture.
Any area or district listed in the National Register of Historic
Places as maintained by the National Park Service, United States Department
of the Interior, such as the West Chester Downtown Historic District.
As defined by the Pennsylvania Municipalities Planning Code
(MPC).[9]
Any sound which annoys or disturbs humans or animals, or
which causes or tends to cause an adverse psychological or physiological
effect on humans or animals.
Any sound which endangers or injures the safety or health
of humans or animals, endangers or injures personal or real property,
disturbs the peace or creates a nuisance, in accordance with this
chapter.
Wireless communications facilities other than tower-based
wireless communications facilities.
A condition or characteristic of a building, structure, lot,
use or other activity or a property which does not conform to or comply
with the provisions and requirements of this chapter, where such condition
or characteristic legally existed prior to the enactment or amendment
of this chapter.
A use which manifests itself for a period of not less than
six consecutive months.
Any place where a person appears seminude or in a state of
nudity or displays specified anatomical areas and is observed, sketched,
drawn, painted, sculpted, photographed or similarly depicted by other
persons who pay money or any form of consideration. "Nude model studio"
shall not include a proprietary school licensed by the Commonwealth
of Pennsylvania or an establishment within an educational use as defined
in this chapter.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple or the showing of the covered
male genitals in a discernibly turgid state.
Anything that interferes with the use or enjoyment of property,
endangers personal health or safety or is offensive to the senses.
A facility operated for the purpose of providing therein
lodging, board and nursing care to sick, invalid, infirm, disabled
or convalescent persons for compensation, provided that the facility
has obtained proper governmental licensing, including a license from
the Pennsylvania Department of Health or successor agency to provide
skilled and intermediate nursing care as defined by 28 Pa. Code § 201.3
or successor regulation. The term "convalescent home" is included
in this definition.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, rectification, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any watercourse or flood-prone area which may impede, retard
or change the direction of the flow of water either in itself or by
catching or collecting debris carried by such water or which is placed
where the flow of water might carry the same downstream to the damage
of health, safety and property.
A use in which business, clerical or professional activities
are conducted. "Office use" includes professional offices as defined
in this chapter.
A use that involves administrative, clerical, financial or
institutional operations or operations of a similar character specific
to the operation of the university. This use shall not include retail,
commercial or industrial uses.
[Added 10-20-2021 by Ord.
No. 10-2021]
Residence hall beds in the PUC Area or an apartment unit
bed on south-campus or students attending class or classes in any
building located in the PUC Area or in any building located in West
Goshen Township or in East Bradford Township, excluding the West Chester
University Graduate Center.
[Added 10-20-2021 by Ord.
No. 10-2021]
Natural or landscaped areas restricted in perpetuity to natural
resource protection, conservation or recreation or used for noise
and/or visual buffers or for other purposes as described in the open
space provisions of this chapter.
A structure containing two or more levels, which is used
to shelter or store motor vehicles.
[Added 10-20-2021 by Ord.
No. 10-2021]
Parking spaces provided to accommodate nonresident guests,
visitors, and tradesmen in a multifamily residential development.
[Added 9-18-2024 by Ord. No. 04-2024]
A parking facility, area or lot that is used as a commercial
enterprise for the parking of motor vehicles.
[Added 10-20-2021 by Ord.
No. 10-2021]
A reasonably level space with a paved surface available for
the parking of one motor vehicle, exclusive of passageways, driveways
or other means of circulation or access. "Parking space" shall include
either covered garage space or uncovered parking lot space which is
directly accessible from a street or aisle in a parking lot.
The placement of parking spaces one behind the other, so
that the space nearest the driveway or street access serves as the
only means of access to the other space.
[Added 9-18-2024 by Ord. No. 04-2024]
A common shared wall between two separate buildings. For
purposes of a single-family attached or single-family semidetached
dwelling, the party wall must extend continuously from the foundation
of the dwelling through the roof of the dwelling.
An impervious surface which manifests itself with materials
such as concrete, asphalt, flagstone, brick, stone or like composition.
A building frontage devoted to uses which are sidewalk-oriented
and physically and visually accessible by pedestrians from the sidewalk
and which enhances pedestrian activities. Uses which compose pedestrian-oriented
frontages include, but are not limited to, retail stores or shops,
restaurants, cafes, and other uses with a landscaped plaza, landscaped
courtyard, landscaped entrance court, sculpture garden, translucent
window display area which showcases art, sculpture or like icons,
and other civic-like space accessible to pedestrians. Pedestrian-oriented
frontages are required for all buildings with first floor/ground floor
frontage for all lots within the Retail Overlay District.
For purposes of the Planned University Campus District, the
horizontal distance between the street line of High Street, University
Avenue, Reynolds Alley, Rosedale Avenue, New Street and Sharpless
Street and all buildings, structures and parking lots.
[Added 10-20-2021 by Ord.
No. 10-2021]
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours, for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision in activities of daily living
or instrumental activities of daily living.
Businesses in the Town Center and Commercial Service Districts
which offer personal services, such as barber, beautician, shoe repair,
dry cleaner, tailor, seamstress, laundromat, dressmaker, photographer,
caterer, travel agent and massage therapist licensed by the Commonwealth
pursuant to the Massage Therapy Law.[10]
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 Resources Conservation Service, and the Soil
Survey of Chester and Delaware Counties.
See "building, principal."
The facade of a building or structure along the street on
which the building has frontage, excluding alleys and other rights-of-way.
On a corner lot, the property owner shall select and declare which
facade is the principal facade.
The single dominant use or single main use of a lot; a use
listed as a principal use in the zoning district use regulations.
Where at least 51% of the actual cash value of a structure,
less land value, is above ground.
A function involved in the manufacture of materials, goods
or products in which they are not physically changed except for packaging
or sizing.
The office of a professional practitioner.
A trained and certified or licensed individual, such as a
medical practitioner, lawyer, accountant or design professional.
A subdivision, a land development or any development involving
the construction or alteration of buildings or other structures or
the grading or excavation of land to accommodate a building, structure
or use.
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.
Any facility used for the purpose of providing, for a charge,
recreation and/or amusement to the public. An arcade and bowling alley
are examples of public places of amusement. Health clubs, spas and
adult entertainment uses are not included in this definition.
Leisure-time activities, including but not limited to sports
and entertainment, that are open to anyone without restriction, except
for rules and standards of conduct and use.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and repeater stations; and all other facilities, equipment and structures
necessary for conducting a service by a government or utility service.
A system for the collection, conveyance, treatment (at a
sewage treatment plant) and disposal of wastes from customers in compliance
with prevailing federal, state and municipal regulations, operated
by the Borough of West Chester, a public utility or municipal authority.
An outdoor pedestrian gathering space or a streetscape.
Any land dedicated to public use or passage, including but
not limited to streets, alleys, or other vehicular rights-of-way,
whether constructed, dedicated or proposed.
A system for water distribution and water supply which is
owned, administered and operated by a public utility or municipal
authority.
The area of the university campus bounded by South High Street,
University Avenue, Reynolds Alley, Sharpless Street, South New Street
and West Rosedale Avenue. This area, excluding road and street rights-of-way,
shall be considered as a standalone lot for the application of the
area and bulk requirements for the PUC District.
[Added 10-20-2021 by Ord.
No. 10-2021]
A form of mass transportation that involves train routes.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures.
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include but are not limited to playgrounds, tennis courts,
basketball courts, swimming pools and athletic fields.
Recreational pursuits which can be carried out with little
alteration or disruption in the area in which they are performed.
Such uses include but are not limited to hiking, biking and picnicking.
A sign affixed to the inside of a fence which is installed
around a baseball field owned by the Borough.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure-time
or recreational use or for travel. Recreational vehicles or units
include travel trailers, truck-mounted campers, motor homes, folding
tent campers and autos, buses or trucks adapted for vacation use and
other vehicles not suitable for daily conventional family transportation.
Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers
are also deemed recreational vehicles.
An individual who is registered or licensed to practice their
respective design profession (such as an architect, engineer, landscape
architect, surveyor or certified planner) in accordance with the statutory
requirements of the professional registration laws of the Commonwealth
of Pennsylvania.
An historic district listed in the National Register of Historic
Places or a state or local historic district whose status has been
certified by the Secretary of the Interior and which is certified
as meeting substantially all the requirements for National Register
listing.
The process of returning a property to a state of utility
through repair or alteration, which provides for a contemporary use
while preserving those portions and features of the property which
are significant to its historical, architectural and cultural values.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or nontower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
A nonprofit use of land or a building at which religious
worship, ceremonies and related activities are held regularly by a
group which practices the religion. Religious use may include a place
of worship, convent, rectory, parish house or similar religious institution.
The replacement of existing construction with the same material
for the purpose of maintenance only, but not including any addition,
removal or modification in construction.
An establishment for carrying on investigation in the natural,
physical or social sciences or engineering and development as an extension
of investigation with the objective of creating end products.
A place, building or part of a building where food and beverages
are served or provided to the public.
A restaurant used for the purpose of furnishing food and
beverages to the public to be consumed on the premises and in an area
on the sidewalk directly abutting and adjacent to and upon the same
lot as a restaurant, licensed or unlicensed, or any area of the premises
licensed by the Pennsylvania Liquor Control Board pursuant to regulations
of the Board to conduct business on the above-mentioned premises.
A building and adjoining parking area used for the purpose
of furnishing food and beverages to the public for consumption on
the premises outside the principal building while patrons remain seated
in their parked vehicles.
A restaurant used for the purpose of furnishing food and
beverages to the public where customers place their orders at an inside
service counter and where food is served for consumption either at
eating areas within the building or is taken out for consumption away
from the premises, which may include service and pickup of food and
beverages for off-premises consumption without the customer leaving
the customer's vehicle.
A restaurant used for the purpose of furnishing food and
alcoholic and nonalcoholic beverages to the public to be consumed
on the premises and within the building and holding a valid restaurant,
hotel or eating place license from the Pennsylvania Liquor Control
Board. "Restaurant, licensed" includes a tavern as defined in this
chapter.
The licensed premises or storage location of a brewery, brewery
pub, limited distillery, and limited winery (as defined, licensed,
and regulated by the Pennsylvania Liquor Code[11] and Pennsylvania Liquor Control Board) that sells and
serves alcoholic beverages and food for consumption on the premises
at tables and chairs, including bar seats, in a restaurant setting.
A restaurant used for the purpose of furnishing food and
nonalcoholic beverages to the public to be consumed on the premises
and within the building.
The portion of the Town Center District, as shown on the
Retail Overlay District Map, in which pedestrian-oriented frontage
shall be created and maintained on the first floor/ground floor of
buildings.
An enterprise engaged in the sale of goods or merchandise
to the general public, and the rendering of services incidental to
such sale, for items such as antiques, books, beverages, confections,
dry goods, flowers and plants, foodstuffs, gifts, garden supplies,
hardware, household appliances, jewelry, notions, paint, periodicals,
stationary, tobacco or wearing apparel, including a dispensary.
A strip of land granted or reserved for public or private
use or access.
See "street."
A dwelling providing lodging with or without meals, but including
common cooking and sanitary facilities.
Any liquid waste containing animal or vegetable matter in
suspension or solution or the water-carried waste resulting from the
discharge of water closets, laundry tubs, washing machines, sinks,
dishwashers or any other source of water-carried man-made waste.
A sewer that conveys sewage or industrial wastes or a combination
of both and into which stormwaters, surface waters and groundwaters
or unpolluted industrial wastes are not intentionally admitted.
Plant materials, fencing, walls and/or earthen berms to aid
in the concealment of a building, structure, street, or other feature.
The plantings which are used in a buffer planting strip or
other landscaping arrangement to create a continuous visual buffer.
The results of an indirect or nonimmediate influence of one
entity or condition upon another.
See "street, secondary."
Standards used by the Secretary of the Interior, as administered
by the National Park Service, when determining if a rehabilitation
project qualifies as a certified rehabilitation pursuant to the Tax
Reform Act of 1986.
The state of dress in which specified anatomical areas are
not entirely concealed.
A watertight receptacle that receives the discharge of sewage
from a building, sewer or part thereof and is designed and constructed
so as to permit settling of solids from this liquid, digestion of
the organic matter and discharge of the liquid portion into a disposal
area.
A system of open-jointed pipes intended to distribute septic
tank effluent into the ground for absorption and evaporation.
See "building setback line."
The total of organic waste and wastewater generated by residential,
industrial, commercial, institutional or other establishments.
Any pipe or conduit used to collect and carry away sewage
or stormwater runoff from the source to treatment plants and to a
receiving stream or other drainageway.
A system of sewers and appurtenances for the collection,
transportation, pumping, treating and disposing of sewage and sanitary
waste.
See "public sewage disposal system."
Includes adult entertainment centers, adult merchandise stores,
adult cabarets, adult motion-picture theaters, adult theaters, escort
agencies, massage parlors and nude model studios.
An integrated group of commercial establishments planned,
constructed, operated and managed in a unified manner, where customer
and employee parking are provided on-site and provision for the delivery
of goods is separated from customer access.
Results which occur immediately or within a short period
of time, such as a week or month.
A paved or surfaced level area, used as a pedestrian walkway,
which parallels and is separate from the cartway of the street.
A seasonal or occasional sale held on the sidewalk or other
structure along the front or side of a particular store or establishment
where goods are offered for sale to the public, typically at a discounted
price.
A line of unobstructed vision from a point 3 1/2 feet
above the center line of a street to the nearest point on the top
of an object 24 inches high on the same center line.
Any permanent or temporary structure or part thereof or any
device attached, painted or represented directly or indirectly on
a structure or other surface that shall display or include any letter,
word, insignia, flag or representation used as or which is in the
nature of an advertisement, announcement, visual communication or
direction or is designed to attract the eye or bring the subject to
the attention of the public. Flags of any governmental unit or branch
or of any charitable or religious organization, interior signs not
visible from a public right-of-way or adjoining property and cornerstones
built into or attached to a wall of a building shall not be construed
to be signs.
Includes all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed,
on which they are displayed, but not including any supporting framework
and bracing which are incidental to the display itself. Where the
sign consists of individual letters or symbols attached to a surface,
building, wall or window, the "area" shall be considered to be that
of the smallest rectangle or other shape, including the sign background,
which encompasses all of the letters and symbols.
Any sign which specifically relates to the permitted use
of the premises on which said sign is erected and which serves as
a further description of products available or services provided.
A sign which is permitted to promote special community events
for a temporary period of time as provided for herein.
An advertising banner, cloth or sign of similar character,
suspended or hung on a property, which is a temporary sign.
A sign with characters or letters that can be changed or
rearranged either manually or through electronic means through the
display area of the sign, being comprised of elements such as liquid
crystal diodes (LCD), light-emitting diodes (LEDs), fluorescent bulbs
or lamps, plasma, or other digital illuminated display.
A sign, the illumination of which is not kept constant in
intensity at all times when in use and which exhibits sudden or marked
changes in lighting effects. Illuminated signs which alternately indicate
the time, temperature or date information shall not be considered
to be "flashing signs."
See "sign, pole."
Any sign supported by uprights or braces placed upon the
ground and not attached to any building, or any sign which emerges
directly from the ground surface, such as a masonry or decorative
masonry sign.
A sign designed to provide artificial light directly or through
transparent or translucent material, from a source of light within
such sign, such as backlighting, or a sign with illumination derived
from an external artificial source so arranged that no direct light
is projected from such artificial source to areas other than the immediate
sign being illuminated.
Includes any hood or awning of permanent construction projecting
from the wall of a building above an entrance and extending over a
pedestrian walk or other way.
A sign which directs attention to a business, commodity,
service, entertainment or other use or activity conducted, sold or
offered at a location other than the premises on which the sign is
located, but excluding recreational field signs.
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises.
See "sign, wall."
A sign permanently affixed or intending to be permanently
affixed to the exterior of a building.
A sign that is mounted on or suspended from a freestanding
pole, column or other support located in or upon the ground surface.
A sign which is attached directly to the wall of a building
which extends more than 12 inches beyond the edge of any wall or surface
to which it is affixed.
A sign pertaining to the sale or lease of the premises on
which the sign is located.
Any sign erected, constructed and maintained wholly upon
or over the roof of any building with the principal support on the
roof.
An A-frame sign or sign of similar character which is placed
upon sidewalks and is not permanently affixed to any structure.
Any sign, banner, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or
other light materials, with or without frames, intended to be displayed
for a period of no more than 60 days in a calendar year; provided,
however, that the sign may not be continuously displayed from one
calendar year to the next calendar year if such display would result
in the sign being continuously displayed for more than 60 consecutive
days.
A sign which is mounted to a wall or other vertical building
surface, not extending more than 12 inches beyond the edge of any
wall or other surface to which it is affixed.
A temporary or permanent sign which is oriented to the public
right-of-way, is legible to persons in vehicles and is located on
the outside or inside of a window to direct attention to an activity
conducted on the same lot.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property. Ownership
shall be considered separate and distinct where lots have been separately
described as such, by metes and bounds, in a recorded deed or conveyance
prior to the enactment of this chapter and have continued since the
date to be so separately described in all subsequent recorded deeds
of conveyance.
See "dwelling unit."
A tract or parcel of land or combination of contiguous lots
or parcels of land.
Measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize exposure to possible
erosion or sedimentation.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristics of such sound, including
duration, intensity and frequency.
A use which may be permitted by the Zoning Hearing Board
in a zoning district only when specific standards and criteria are
met.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following:
A place where, without the agency of man, water flows from
a rock or soil upon the land or into a body of surface water.
Any building, structure or portion thereof which is used,
in whole or in part, for the shelter or care of sheep, goats, horses
or cattle.
The date of issuance of a building permit, provided that
the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction
on a site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns or any work beyond the state
of excavation, or the placement of a manufactured home on a foundation.
"Permanent construction" does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities, 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.
Those areas of land where the natural grade is 15% or greater. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines, and expressed as a percent. For the purpose of application of Borough subdivision regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be based on contour intervals determined by detailed topographic survey using aerial photogrammetry or actual field survey and shall be signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania. Slopes created during land disturbance or land development activity, when authorized by the Borough pursuant to Chapter 97 of the Borough Code, are not considered steep slopes for the purposes of regulating steeply sloped areas.
The deposit of goods, materials or products intended for
future use or disposition, including a warehouse or distributorship.
That part of a building located between the upper surface
of a floor and the floor or roof next above. The first story of a
building is the lowest story having 75% or more of its wall area above
grade level. A half-story is a story under a gable, hip or gambrel
roof, the wall plates of which on at least two exterior walls are
not much more than two feet above the floor.
A right-of-way intended for the general public use to provide
means of circulation for vehicles and pedestrians, furnishing access
to abutting lots. The word "street" includes the words "road," "highway,"
"avenue," "boulevard,' "lane" and "alley."
The right-of-way line of a street where it crosses a lot;
the dividing line between a lot and the street.
The wall or walls of a building at the edge of the street
right-of-way adjoining a sidewalk, or approved vertical architectural
or landscape features such as piers, fences, pergolas, arbors, colonnades,
or other similar vertical features at least three feet six inches
in height in lieu of a building wall.
A street which serves as the principal means of vehicular
travel to provide access to the front yard of abutting properties.
A street which serves as a subordinate means of vehicular
travel to provide access to the side yard or rear yard of abutting
properties, such as an alley.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
fire separation walls, partitions, columns, beams or girders; or any
change which could convert an existing building or other structure
into a different structure or adapt the structure to a different use
or which, in the case of a nonconforming building or other structure,
would prolong the life of such building or owner structure.
Any man-made object or improvement having an ascertainable
stationary location on land or in the water, whether or not affixed
to the land.
An individual who is enrolled or has made application and
been accepted at a university, college or trade school and is taking
at least six credit hours per semester and whose primary occupation
is as a student or who is on a semester or summer break from studies
at a college, university or trade school. The term "student" shall
apply to both undergraduate and graduate students alike.
A living arrangement for at least two students to a maximum
of four students (as defined in this chapter) unrelated by blood,
marriage, or legal adoption. "Student home" shall not include dormitories.
A building owned and managed by a college or university or
by a private entity which owns and operates student housing for college
or university students recognized and approved for such purpose by
the college or university at which such students are enrolled, which
contains dwelling rooms, apartments or other living units that provide
sleeping and living accommodations solely for students enrolled at
the college or university. Student housing shall not include the conversion
or the use of single-family dwellings for the purpose of renting rooms
or space to individuals attending a college or university.
[Amended 10-20-2021 by Ord. No. 10-2021]
The building, rooms or area on a college or university campus
that is devoted to student recreation and socialization, offering
a variety of programs, activities, services, and facilities. It may
include, but not be limited to, sports courts, game rooms, lounges,
wellness centers, entertainment venues, meeting rooms, bowling alleys,
and cultural or other similar amenities.
[Added 10-20-2021 by Ord.
No. 10-2021]
A building or room(s) on a college or university campus set
aside for the department or division of services and support for students,
which may include, but not be limited to, academic advising, financial
aid, career development, course registration, and tutoring services.
[Added 10-20-2021 by Ord.
No. 10-2021]
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, conveyance or other 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 residential dwellings, are not included in this definition.
A sketch, preliminary or final plan submitted in compliance
with the Borough of West Chester Subdivision and Land Development
Ordinance,[12] showing the provision for the subdivision of a tract of
land. See also "land development plan."
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure had been damaged and is being restored, before the damage
occurred. A substantial improvement is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not the alteration affects the
external dimensions of the structure. The term does not, however,
include any project for improvement of a structure to comply with
existing state or municipal health, sanitary or safety codes which
are solely necessary to assure safe living conditions, or any alteration
of a structure listed on the National Register of Historic Places
or the Pennsylvania Inventory of Historic Places.
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.
That part of the precipitation that passes over the surface
of the land without first passing beneath the surface.
Any permanent pool not located within a completely enclosed
building and containing or normally capable of containing water to
a depth at any point greater than 1 1/2 feet.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
hotels and other similar uses.
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board.
Tents, membrane structures and other construction erected
for a period of less than 180 days.
Wireless communications facilities that include the installation
of a structure that is used for the purpose of supporting one or more
antennas, including but not limited to self-supporting lattice towers,
guy towers, monopoles, utility poles and light poles. DAS hub facilities
shall be considered to be tower-based WCFs.
A lot or one or more contiguous lots assembled for the purpose
of development.
A portable vehicular structure, built on a chassis and designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses.
A unified development which contains multiple institutional
uses built or developed on a single block which utilize common architectural
and design principles and share common vehicular and pedestrian access
and parking.
A use on land with frontage on Market Street, Gay Street, Strasburg Road, Downingtown Pike, or Hannum Avenue, which provides affordable housing in combination with community facilities and/or neighborhood amenities, as defined in this § 112-202.
The buildings and grounds of an institution of higher learning
accredited by an agency recognized by the United States Department
of Education or successor agency (e.g., Middle States Commission on
Higher Education).
[Added 10-20-2021 by Ord.
No. 10-2021]
A building or room(s) on a college or university campus,
set aside for the receiving, storage and retail sale of textbooks,
apparel, gifts, office supplies, and sundries for the benefit of the
students, faculty and staff.
[Added 10-20-2021 by Ord.
No. 10-2021]
The existing and future buildings, structures, parking lots
and facilities owned, used and/or operated by West Chester University
of Pennsylvania or successor university, located within the Planned
University Campus District of West Chester Borough.
[Added 10-20-2021 by Ord.
No. 10-2021]
A building or room(s) or vehicle on a college or university
campus, set aside for the receiving, storage, preparation and consumption
of food and beverages for the benefit of students, faculty and staff
or temporarily to serve at such events as fairs, banquets and athletic
contests.
[Added 10-20-2021 by Ord.
No. 10-2021]
An indoor facility wholly devoted to the provision of equipped
spaces, athletic equipment, and supporting services designed to promote
physical fitness and recreation for university students and any community
use of same, whether for rent or by donation.
[Added 10-20-2021 by Ord.
No. 10-2021]
A building or room(s) on a college or university campus set
aside to provide integrated medical, mental health, and wellness services
for students. Facilities may include, but not be limited to, exam
rooms, meeting rooms and offices for physicians, psychiatrists, psychologists,
nurse practitioners, social workers, counselors, nurses, medical assistants,
therapists and athletic trainers, and any community use of same, whether
for rent or by donation.
[Added 10-20-2021 by Ord.
No. 10-2021]
A building or room(s) on a college or university campus set
aside for the necessary infrastructure required for the daily operation
and maintenance of the campus buildings, including heating, cooling,
plumbing, lighting and communications.
[Added 10-20-2021 by Ord.
No. 10-2021]
An activity or the specific purpose for which land or a building
or other structure is designed, arranged, intended, or improved or
for which it is or may be occupied or used.
Telephone, electric, cellular, internet, and cable television
lines, poles, equipment and structures; water or gas pipes, mains,
valves or structures; sewer pipes, valves or structures; pumping stations;
telephone exchanges and repeater stations; and all other facilities,
equipment and structures necessary for conducting a service by a government
or utility service.
[Added 10-20-2021 by Ord.
No. 10-2021]
Permission, approval or authorization granted by the Zoning
Hearing Board to modify or deviate from the exact provisions of this
chapter, as applied to a specific property.
A building used primarily for the storage of goods and materials,
distinct from ordinary on-site storage connected with retail enterprise
and from mini storage.
A permanent or intermittent stream, brook, creek or channel
or ditch for water, whether natural or man-made.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
An historic district listed on the National Register of Historic
Places.
Establishments or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional,
or professional business users or to other wholesalers or those acting
as agents or brokers and who buy or sell merchandise to such individuals
or companies.
A premises that manufactures and produces wine as defined
by the Pennsylvania Liquor Code[13] and that is licensed as a winery or limited winery by
the Pennsylvania Liquor Control Board.
Types of transmissions through the airwaves, including, but
not limited to, infrared line of sight, cellular, PCS, microwave,
satellite, or radio signals.
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 telecommunications services.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the Borough.
An area of vegetation in which the dominant plants are trees
that are indigenous to such area.
An open area on a lot extending along a lot line and inward
from such line. The minimum dimension of a required yard shall be
as provided for each district and shall measure as the shortest distance
between the lot line and a line parallel to such line.
A yard abutting a street line of a primary street extending
the full width of the lot along the front lot line of such yard and
extending in depth from the front lot line to the building setback
line. In the case of a corner lot, the yards extending along all streets
are front yards, and the remaining yards shall include a rear yard,
opposite the street on which the principal building is generally faced,
and a side yard opposite the other street. For lots fronting three
streets, all yards abutting a street shall be considered a front yard.
The remaining yard shall be either a rear yard or a side yard, determined
by the position of the principle building facade.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the building
setback line.
A yard extending the full depth of the lot along the side
lot line and extending in width from such side lot line to the building
setback line.
The location of a building on a lot in such a manner that
one of the sides of the building is located directly on the lot line.
[1]
Editor's Note: The former definition of "agricultural operation,"
which immediately followed this definition, was repealed 10-18-2023 by Ord. No.
16-2023.
[2]
Editor's Note: See 47 P.S. § 1-101 et seq.
[3]
Editor's Note: The Appendix is included as an attachment to this chapter.
[4]
Editors Note: See 53 P.S. § 8001 et seq.
[7]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 63 P.S. § 627.1 et seq.
[11]
Editor's Note: See 47 P.S. § 1-101 et seq.
[13]
Editor's Note: See 47 P.S. § 1-101 et seq.
