[Ord. 1159, 9/11/2014]
For the purpose of this chapter, certain terms and words are
defined below. Words used in the present tense shall include the future
tense. Words in the singular shall include the plural, and words in
the plural shall include the singular. Words in the masculine include
the feminine and the neuter. The word "shall" is mandatory. The word
"may" is permissive. The word "person" includes "individual," "company,"
"unincorporated association," or other similar entities. The words
"used for" include "designed for," "arranged for," "intended for,"
"maintained for," or "occupied for." The word "building" shall be
construed as if followed by the phrase "or part thereof."
[Ord. 1159, 9/11/2014]
As used in this chapter, the following terms shall have the
meanings indicated:
A building or structure subordinate to the principal building
on a lot and used for purposes customarily incidental to those of
the principal building. Earth satellite receiving dishes are included
in this definition.
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of the land or of a building
on a lot.
Any adult arcades, adult bookstore, adult cabaret, adult
theater, adult mini-motion-picture theater, adult novelty stores,
adult video stores, escort agencies, nude model studios, sexual encounter
centers, nontherapeutic massage parlor or other similar adult business
uses or adult entertainment uses, which, under the provisions of Shillington
Borough and the State Obscenity Code, as amended, must exclude minors
or may not knowingly disseminate to minors. The following subdefinitions
shall also apply to adult business uses or adult entertainment uses:
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ADULT ARCADE OR MINI-MOTION-PICTURE THEATER — An enclosed
building offering video presentations distinguished or characterized
by emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons within private viewing booths and/or by use of token, coin-operated
viewing booths, projectors, video machines, or other electronic media
sources or projectors, as defined by Shillington Borough and/or the
State Obscenity Code, as amended.
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ADULT BOOKSTORE AND ADULT NOVELTY STORE — A commercial
establishment having as a substantial or significant portion of its
stock in trade (for sale or rental) books, magazines, periodicals,
photographs, films, video, motion pictures, slides or similar materials,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, as defined by Shillington Borough or the
State Obscenity Code, as amended. An adult bookstore and/or adult
novelty store may include the sale of instruments, devices, novelties
or paraphernalia which are designed for use in connection with specified
sexual activities.
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ADULT CABARET — A nightclub, bar, club, restaurant, theater
or similar commercial establishment, which features: persons who appear
in the state of nudity or seminudity; live performances which are
categorized by the exposure of specified sexual activities or specified
anatomical areas; and/or films, motion pictures, videocassettes, slides
or other photographic reproductions, which are categorized by the
depiction of specified sexual activities or specified anatomical areas.
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ADULT ESTABLISHMENT — An adult business use and/or an
adult entertainment use, as permitted under the Shillington Borough
ordinance.
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ADULT THEATER — A theater, concert hall, auditorium, business
or similar commercial establishment, which features: persons who appear
in the state of nudity or seminudity; live performances which are
categorized by the exposure of specified sexual activities or specified
anatomical areas; and/or films, motion pictures, videocassettes, slides
or other photographic reproductions, which are categorized by the
depiction of specified sexual activities or specified anatomical areas.
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ESCORT — 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.
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ESCORT AGENCY — A person or business association, who
or which furnishes, offers or advertises to furnish escorts for a
fee, tip or other consideration, as part of its business.
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NUDITY OR STATE OF NUDITY — The showing of the human male
or female genitals, pubic area, vulva, anus, anal cleft or cleavage,
the showing of the female breast with less than fully opaque covering
of any part of the nipple, the showing of the covered male genitals
in a discernibly turgid stage, or as defined by the Commonwealth of
Pennsylvania.
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SEMINUDE OR SEMINUDE CONDITION — The state of dress in
which clothing partially or transparently covers or exposes specified
anatomical areas.
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SEXUAL ENCOUNTER CENTER — A business or commercial enterprise
that, as one of its principal business purposes, offers for any form
of consideration: physical contact in the form of wrestling or tumbling
between persons of opposite sex; activities between male and female
persons and/or persons of the same sex when one or more of the persons
is in the state of nudity or seminudity; any variation of "mud wrestling";
or any sexual encounter activities defined by the Commonwealth of
Pennsylvania.
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SEXUALLY ORIENTED BUSINESS — Any adult business or entertainment
use.
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SPECIFIC ANATOMICAL AREAS — Human genitals, pubic region,
anus, buttocks, female breast(s) below a point immediately above the
top of the areola, or human male genitals (covered or uncovered) in
a discernibly turgid state, or as defined by the Commonwealth of Pennsylvania.
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SPECIFIED SEXUAL ACTIVITIES — Activities including: the
fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breast(s); sex acts, normal or perverted,
actual or simulated, including intercourse, oral copulation, masturbation
or sodomy; excretory functions as part or in connection with any of
the sexual activities set forth in this chapter; or any specified
sexual activities defined by the Commonwealth of Pennsylvania.
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STATE OBSCENITY CODE — Section 5903, Title 18, Pennsylvania
Consolidated Statutes, as amended.[1]
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A unified planned residential development servicing the housing
and personal needs and care of older persons, who are 55 years of
age or older, within residential units.
Any enlargement of a building or structure; the moving of
a building or structure from one location to another; any change in
or addition to the structural parts of a building or structure; or
any change in the means of egress from or access to a building or
structure.
A commercial establishment which provides multiple amusement
devices, games of skill or chance, video games, skeet-ball, and other
similar devices.
A professional veterinary establishment used for the diagnosis,
care, and treatment of ailing or injured animals, which may include
overnight accommodations. The overnight boarding of healthy animals
shall be considered a kennel.
A right-of-way which provides the primary vehicular access
to a lot, not dedicated or deeded to the Borough, but approved by
the Borough Council and shown on a recorded subdivision plan.
Any place where patrons of the business are gathered for
the purpose of viewing or purchasing works of art and/or for instruction
in various forms of art, such as painting, drawing, sketching, sculpting
or pottery. Art studios may employ a person or persons who appear
seminude or in a state of nudity or display specific anatomic areas
and is/are provided to be observed, sketched, drawn, painted, sculpted,
photographed, or similarly depicted by other patrons or customers
of the business. Models employed in this use shall not be engaged
in any activity or posed in any position depicting the "specified
sexual activities" as defined under the adult business use.
A building, complex or distinct part thereof designed to
foster assisted living and consisting of self-contained living units
where services are available to support resident independence, autonomy,
and aging in place in the least-restrictive environment possible,
including where cognitive support services are required. The residence
promotes resident self-direction and active participation in decisionmaking
while emphasizing individuality, privacy and dignity. The term includes
housing required to be licensed under the United States Department
of Housing and Urban Development's assisted living conversion program.
The term does not include a personal care home, domiciliary care home,
publicly financed housing, an independent living community, or a house
unit in a continuing care retirement community certified by the Insurance
Department, where residents of such homes or units contract for services
directly. Assisted living facilities are licensed by the Pennsylvania
Department of Public Welfare.
Any building or land area devoted to the sale of three or
more new or used vehicles at any given time, including customary service
and repair facilities within an enclosed building.
Any building or land area devoted to the repair, servicing,
restoration, reconstruction and maintenance of vehicles, including
the retail sale of gasoline, motor oil, car washes, batteries and
other similar vehicular accessories.
A retail sales store for baked goods, including those with
on-site baking facilities.
A story partly below the finished grade but having 1/2 or
more of its height (measured from finished floor to finished ceiling)
above the average level of the finished grade where such grade abuts
the exterior walls of the building.
The use and occupancy of a single-family detached dwelling
for the purpose of accommodating transient guests for compensation
or rent up to a maximum of 10 consecutive days.
The Borough of Shillington, Berks County, Pennsylvania.
The Borough Council of the Borough of Shillington, Berks
County, Pennsylvania.
A continuous strip of landscaped land which is clear of all
buildings and paved areas.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts, designed
for the enclosure and support of individuals, animals or property
of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions.
The percentage of a lot covered by principal and accessory
buildings.
The vertical distance of a building measured from the point
which is the mean level of the highest and lowest portion of the site
covered by the building to the highest portion of the roof.
The minimum distance a building or structure must be set
back from a street right-of-way line (except the right-of-way of a
service street).
The line within a property establishing the minimum required
distance between any building or structure or portions thereof to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
A building setback line may be established farther from a street right-of-way
line than the minimum building setback established for a zoning district.
A commercial facility to clean the exterior or interior portion
of automobiles, which may include self-service facilities or full-service
facilities as a principal use or subordinate use.
The portion of a street right-of-way, whether paved or unpaved,
intended for vehicular use.
A story partly below the finished grade, having more than
1/2 of its height (measured from finished floor to finished ceiling)
below the average level of the adjoining finished grade where such
grade abuts the exterior walls of the building.
A building used for public worship by a congregation, excluding
buildings used primarily for residential, education, burial, recreational
or other uses not normally associated with worship.
An area of unobstructed vision at a street intersection,
as prescribed by the Borough of Shillington and/or the Pennsylvania
Department of Transportation, which shall be measured 30 inches above
the ground elevation to 10 feet above ground elevation. The area is
further defined by connecting three points consisting of the point
of intersection of the streets and a point located at a specified
linear distance along the center line of the intersecting streets.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
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PRIVATE CLUB OR COUNTRY CLUB — Land and buildings containing
private or semiprivate recreation facilities, social quarters, restaurants,
meeting rooms, banquet facilities, bars, taprooms, and similar uses,
for the exclusive use of the members and their guests.
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SOCIAL CLUB OR LODGE — Land and buildings containing recreation
facilities, social quarters, restaurants, meeting rooms, banquet facilities,
bars, taprooms, and similar uses, owned and operated by nonprofit
organizations for the exclusive use of the members or guests.
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A use or activity operated as a business that is open to
the public for the purpose of recreation and entertainment, including,
but not limited to, bowling alleys, health or fitness clubs, swimming
pools, miniature golf courses, museums, theaters, amusement arcades,
and other similar commercial recreational uses as determined by the
Zoning Officer.
An educational facility carried on as a business and not
operated by a public agency. The range of curriculum can include,
but not be limited to, academic instruction, business, technical programs,
language, and other similar commercial school uses as determined by
the Zoning Officer.
An area or areas of land or an area of water (excluding stormwater
detention facilities), or a combination of land and water, within
the parcel designed and intended for use or enjoyment of all residents
of the development in which it is located. Land included within the
right-of-way lines of streets shall not be classified as common open
space. Common open spaces shall not include required open areas between
buildings and required open areas between buildings and street rights-of-way,
driveways, parking areas and property lines of the parcel.
A parking facility other than those provided within the lot
lines of a lot on which one single-family detached dwelling, one single-family
semidetached dwelling, one townhouse, or one two-family detached dwelling
is located.
A use permitted in a particular zoning district upon approval of the Borough Council in accordance with the requirements of § 27-808 of this chapter and in accordance with Article VI of the Pennsylvania Municipalities Planning Code.
Real estate, portions of which, in accordance with the provisions
of the Pennsylvania Uniform Condominium Act of 1980,[2] as amended, are designated for separate ownership and
the remainder of which is designed for common ownership solely by
the owners of those portions. Real estate is not a condominium unless
the undivided interests in the common elements are vested in the unit
owners.
A retail sales store for chocolates or other edible confections,
including those with on-site production facilities.
A building with less than 10,000 square feet in gross floor
area which is opened to the general public for up to 24 hours per
day and designed and intended to be utilized solely for both the retail
sale within the building of limited food items, beverages, take-out
only delicatessen, newspapers, magazines, and incidental personal
care items (but excluding the sale of prescription drugs and clothing),
and the retail sale of gasoline outside of the building when dispensed
from gasoline fueling positions.
A lot abutting two or more intersecting public or private
streets or at the point of abrupt change of direction of a single
street (an interior angle of less than 135°).
The offering of care or supervision to minors or adults.
The following subcategories are related to day-care centers and facilities:
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COMMERCIAL DAY-CARE CENTER — A facility which, on a daily
basis, exclusively provides supplemental care and supervision and/or
instruction to seven or more children or adults simultaneously, who
are not related to the caregiver or operator, where tuition, fees
or other forms of compensation are charged, whether governmentally
subsidized or not, and which is licensed or approved to dispense child
or adult care by the Commonwealth of Pennsylvania, and whether operated
by a for-profit entity or a not-for-profit entity.
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HOME DAY CARE — A building used principally as a residence
by one adult caregiver resident thereof in which day-care services
are simultaneously provided for four to six children or adults who
are unrelated to the resident caregiver. Such residential property
shall have an outdoor play area in the rear of the property of sufficient
size to accommodate six persons at once. For the purposes of this
chapter, "home day care" shall be synonymous with "family day care."
A home day care must have a certificate of registration from the Department
of Welfare in order to operate.
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An open, partially enclosed accessory structure of a permitted
use, which is occupied for seasonal activities.
A building occupied as a commercial establishment for the
purpose of serving food as a restaurant and entertaining patrons with
live theatrical performances, which are considered to be a subordinate
use to a restaurant and not to be an adult business or adult entertainment
use.
This measurement shall be made at the closet point.
The Department of Public Welfare.
A privately owned and improved access drive, which provides
vehicular access between a public road or alley into the lot or parcel
having frontage on the road or alley.
A commercial use and facility where clothing or fabrics are
cleaned and pressed utilizing nonaqueous solvents or other accepted
practices.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boarding-, rooming, and lodging houses, nursing homes, motels, and
institutional residences are not included in the definition of dwelling.
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APARTMENT BUILDING — A building on a single lot, arranged,
intended, or designed to be occupied as a residence for three or more
families, and in which the dwelling units may be separated horizontally
and/or vertically.
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APARTMENT UNIT — A dwelling unit within an apartment building
or a dwelling unit in combination with a commercial use as permitted
in this chapter.
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SINGLE-FAMILY DETACHED DWELLING — A building arranged,
intended or designed to be occupied exclusively as a residence for
one family and having no party wall with an adjacent building.
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SINGLE-FAMILY SEMIDETACHED DWELLING — A building arranged,
intended or designed to be occupied exclusively as a residence for
one family, which shares one common or party wall with an adjoining
dwelling for one family.
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TOWNHOUSE — A building arranged, intended, or designed
to be occupied exclusively as a residence for one family which is
one of a group of three or more such buildings placed side by side
and separated by unpierced party walls, each dwelling having at least
one separate entrance from the outside.
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TWO-FAMILY DETACHED DWELLING — A building arranged, intended,
or designed to be occupied exclusively as a residence for two families,
with one family living wholly or partly over the other and with no
common wall with an adjacent building.
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TWO-FAMILY SEMIDETACHED DWELLING — A building arranged,
intended or designed to be occupied exclusively as a residence for
two families, with one family living wholly or partly over the other,
which shares one common or party wall with an adjoining dwelling for
two families.
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A building or structure or portion thereof providing one
or more rooms arranged for the use of one or more individuals living
together as a single housekeeping unit and having no cooking or sanitary
facilities in common with any other dwelling unit.
An industrial facility and use, where metals are joined,
assembled, welded, brazed, soldered, coated, wrapped, blended and/or
converted utilizing machines, equipment, chemicals, heat, water, lasers,
plasma and/or other accepted techniques.
The front of a building facing a public or private street
or any other building face that is given special architectural treatment.
One or more persons related by blood, marriage, adoption
or guardianship, with/or not more than two unrelated persons, living
together as a single housekeeping unit and using cooking facilities
and certain rooms in common.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
A bank, savings and loan association, savings bank, investment
company, investment manager, investment banker, securities broker/dealer,
or philanthropic foundation.
The sum of the gross horizontal areas of every floor of a
building measured to the exterior faces of exterior walls and to the
center line of party walls, including basement spaces and roofed porches,
roofed breezeways, roofed terraces, roofed garages and carports, and
accessory buildings. Cellar area is excluded.
The assembling, mixing, treating, preserving and packaging
of food or beverage substances within an enclosed building for distribution
to other retail or wholesale establishments.
A building used for the preparation of the deceased for burial,
including the viewing of the deceased and any lawful rituals connected
therewith before burial or cremation.
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the owners or
tenants of the premises and for the storage of not more than three
motor vehicles owned and used by persons other than the owner or tenant
of the premises. Not more than one commercial vehicle or truck may
be stored in a private garage.
A building, other than a private or storage garage, one or
more stories in height, used solely for commercial storage, service
or repair of motor vehicles.
A building, not a private residential or a public garage,
one story in height, used solely for the storage of motor vehicles
or other materials, but not for the sale, service or repair thereof
nor for the sale of fuel, accessories or supplies.
A system utilizing the latent heat of the ground under a given property for the purpose of heating or cooling the spaces within a building or structure. (See § 27-624.)
The level of the ground adjacent to a building structure,
exposed storage, or sign.
An enclosed building that is specifically designed and utilized
to grow, raise, cultivate and/or sell plants, shrubs, flowers, or
trees, either for private use or as part of a public or commercial
use.
A household of not more than five persons that provides shelter, meals, supervision and assistance with personal care tasks, typically for older people or people with physical, behavioral health, or cognitive disabilities who are unable to care for themselves but do not need nursing home or medical care. All such group homes shall be provided with supported services through a licensed social service agency. Group homes are licensed and inspected by the Pennsylvania Department of Public Welfare. (See § 27-625.)
A household of not more than five persons that provides shelter, meals and supervision for people transitioning from correctional institutions or from drug/alcohol rehabilitation facilities. This use shall comply with the same use requirements as group homes and shall comply with § 27-625.
A commercial recreation use that is typically contained within
a facility utilized for health, fitness and/or recreational activities.
All activities relating to an adult business use shall be prohibited
within a health and recreation club.
A place of egress from or access to a street or highway created
by a driveway or another street or highway.
The lot dimension measured along the right-of-way line of
any one street or highway abutting a lot.
An accessory use, which is customarily conducted within a
residential use or a structure accessory thereto, which is clearly
secondary and incidental to the residential use in which the practitioner
resides. The following categories of home occupation are hereby defined:
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NO-IMPACT HOME OCCUPATIONS — A business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the residential use and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. (See § 27-623.)
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LOW-IMPACT HOME OCCUPATIONS — A business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the residential use, which may involve some employee(s), customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. (See § 27-622.)
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A building or group of buildings containing individual rooms
for rental, primarily for transients, with common hallways for all
rooms on the same floor, and where no provision is made for cooking
in any individual room or suite. "Hotel" does not include institutional
or educational uses and buildings where human beings are housed under
legal constraint.
A use or activity that includes, but is not limited to, assembling,
manufacturing, distributing, processing, storing or warehousing of
products and materials, and similar industrial uses as determined
by the Zoning Officer.
A use or activity that includes, but is not limited to, educational
uses, churches, religious uses, assisted living care facilities, and
other similar institutional uses as determined by the Zoning Officer.
Discarded materials, including, but not limited to, waste,
paper, rags, glass, containers, fabrics, and similar material from
vehicles, equipment or machinery.
A lot, land or structure, or parts thereof, used for the
collection, storage, dismantling, salvage, sale, exchange and/or recycling
of used and discarded materials, including, but not limited to, waste,
paper, rags, glass, containers, fabric, debris, and similar material
from vehicles, equipment or machinery. The deposit of two or more
unlicensed, noninspected, abandoned, wrecked or disabled vehicles
shall be deemed to be a "junkyard" or "salvage yard."
Any property, including any building or structure thereon,
where five or more dogs or domesticated pets over the age of 12 weeks
are kept or maintained for boarding, grooming, breeding, training,
showing, selling or exchange to other individuals.
A building or group of buildings in which there are located
the facilities for scientific research, investigation, testing and
experimentation, but not including the manufacture of products for
sale. All such laboratories shall be licensed by the appropriate local,
county, state or federal agencies to conduct lawful activities.
A commercial use within a building intended for patrons to
have clothing or fabrics cleaned or dried in coin-operated machines.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed, or
built upon as a unit. The area and depth of a lot abutting a street
shall be determined by measurements to the street line.
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LOT LINE — A line forming the front, rear or side boundary
of a lot.
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FRONT LOT LINE — The line separating a lot from a street
right-of-way. The front lot line is also the street line.
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REAR LOT LINE — The lot line which is opposite the front
lot line. The rear line of any triangularly or irregularly shaped
lot shall be established such that it will be at least 10 feet long.
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LOT OF RECORD — A lot or parcel recorded in the office
of the Recorder of Deeds of Berks County, Pennsylvania.
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LOT SIZE — The area of a lot, excluding land contained
within street right-of-way lines.
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LOT WIDTH — The distance between side lot lines, determined
by establishing the shortest straight-line distance. It shall not
be measured along an arc.
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The assembling, creating, cleaning, fabricating, processing,
testing, recycling, packaging, converting, distributing and/or repairing
of raw materials, with the use of labor and machinery, of products
that will be made available for sale. The term "manufacture" shall
not include retail sales, personal services, solid waste disposal,
truck distribution, mineral extraction, woodland extraction, forestry,
exportation of groundwater, warehousing, or similar uses determined
by the Zoning Officer.
A place of business where a person or persons engage in or
carry on any method of pressure on, friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
any part of the body with the hands or with the aid of any mechanical
or spa apparatus. This particular use shall only include licensed
physicians or members of the American Massage Therapist Association,
and each massage therapist shall be licensed by the Pennsylvania Department
of State.
A building which primarily involves a health care use, where
patients are admitted for examination and treatment on an outpatient
basis by one or more physicians, dentists, psychologists, social workers,
or other similar licensed professionals, where the patients are not
typically lodged overnight or after normal office hours unless prescribed
by the licensed professional.
A public or private facility utilized for the treatment,
rehabilitation and training of outpatients to regain, develop or enhance
their physical skills, condition or stamina, which has been lost or
impaired through injury or illness.
A public or private facility utilized for medical testing,
sampling or research in a controlled laboratory environment.
A building or group of attached or detached buildings containing
individual living or sleeping units designed for temporary use by
tourists or transients, each of which is provided with an independent
exterior entrance and off-street parking space. The term "motel" includes
auto courts, motor courts, motor inns, motor lodges, roadside hotels,
or similar accommodations.
The Pennsylvania Municipalities Planning Code, as amended
and codified.[3]
Buildings, structures, or land owned and maintained by the
Borough.
A building, lot, structure, or use which does not conform
to the regulations of the zoning district in which it is located,
either at the time of enactment of this chapter or as a result of
subsequent amendments thereto, but which lawfully existed prior to
the enactment of this chapter. Nonconforming structures include, but
are not limited to, nonconforming signs.
A commercial retail use involving the raising and selling
of plants, shrubs, flowers, trees and other landscaping products.
A building or part thereof used for the lodging, boarding,
and nursing care, on an twenty-four-hour basis, of four or more persons
who, because of mental or physical incapacity, may be unable to provide
for their own needs and safety without the assistance of another person,
which provides facilities and services primarily for inpatients who
require nursing care and related medical services less intense than
those given in a general hospital or an extended-care facility. Nursing
homes are required to have a licensed nurse on duty 24 hours a day;
and during at least one shift each day, one of those nurses must be
a registered nurse. Services provided in nursing homes include services
of nurses, nursing aides and assistants; physical, occupational and
speech therapists; social workers and recreational assistants; and
room and board. Nursing facilities that participate in the Medicare
and Medicaid programs are subject to federal requirements regarding
staffing and quality of care for residents (42 CFR Part 483). Facilities
are also licensed and inspected by the Pennsylvania Department of
Health.
Ground upon which no principal or accessory buildings, structures
or uses and paved areas are permitted.
A system where the combustion chamber and hot-water heating coils are in a freestanding unit outside of the building or structure for which the hot water is being generated for space heating or domestic water-heating purposes. (See § 27-624.)
A space within a building or on a lot, used for the parking
of a motor vehicle.
A wall used or adopted for joint service between two buildings
or parts thereof.
The percentage of a lot covered by paving.
Hard material, such as concrete, asphalt, brick, or stone,
treated to decrease its permeability, applied to a lot in order to
smooth or firm the surface of the lot.
A descriptive word to include all improvements, buildings,
structures and land on or within a lot.
A building in which a principal use on a lot is conducted.
The main or primary purpose for which any land, structure,
or building is designed, arranged, or intended and for which it may
be occupied or maintained under the terms of this chapter.
A building or portion of a building in which the services
of a person permitted to practice a specified profession are offered
to the general public. Examples of such professions may include: accountants,
agents, architects, engineers, barbers, beauticians, lawyers, planners,
therapists, optometrists, photographers, tailors, therapeutic massage,
electronic repair technicians, or other similar personal service establishments
as determined by the Zoning Officer.
A public thoroughfare, including a street, road, lane, alley,
court, or similar terms, which has been dedicated or deeded to the
Borough and accepted by it.
A self-propelled vehicle with living quarters incorporated
into the vehicle that is licensed by the Pennsylvania Department of
Transportation.
A commercial use in which machinery, equipment and goods,
but not motor vehicles, are rented to customers for temporary use
pursuant to a short-term rental contract, including the sale of machinery,
equipment and goods as an accessory use. For the purposes of this
definition: "machinery" means equipment which requires a motor to
operate; "equipment" means any nonmotorized device permanently attached
to and movable on wheels; and "goods" means any other rental items.
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STANDARD RESTAURANT — Any establishment whose principal
business is the sale of foods or beverages to the customer in a ready-to-consume
state, and whose design or principal method of operation includes
one or both of the following characteristics:
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(1)
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Customers, normally provided with an individual menu, are served
their foods or beverages by a restaurant employee at the same table
or counter at which said items are consumed.
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(2)
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A cafeteria-type operation where foods or beverages are consumed
within the restaurant building.
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CARRY-OUT RESTAURANT — Any establishment whose principal
business is the sale of foods or beverages to the customer in a ready-to-consume
state, and whose design or method of operation includes both of the
following characteristics:
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(1)
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Foods or beverages are usually served in edible containers or
in paper, plastic, or other disposable containers.
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(2)
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The consumption of foods or beverages within the restaurant
building, within a motor vehicle parked upon the premises, or at other
facilities on the premises outside the restaurant building is posted
as being prohibited and such prohibition is strictly enforced by the
restaurateur.
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The total width of any land reserved or dedicated as a street,
road, lane, alley, crosswalk, or for other public or semipublic uses.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant.
Vegetative material, fence, etc., planted or constructed
to screen the buildings, structures and uses on the lot on which the
screen is located from the view of people on adjoining properties.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties, which is not the primary
means of access to the properties.
A group of commercial establishments built on a site that
is planned, developed, owned, and managed as an operating unit related
in location, size, and type of shops to the trade area that the unit
serves.
Any structure, wall, or other surface, or any device or part
thereof, which displays or includes any letter, word, model, banner,
flag, pennant, insignia, device, or other representations used for
announcement, direction, information, attraction, or advertisement.
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AREA OF SIGN — The area of a sign shall be construed to
include all lettering, wording, and accompanying designs and symbols,
together with the background, whether open or closed, on which they
are displayed, but not including any supporting framework and bracing
which is incidental to the display itself. Where the sign consists
of individual letters or symbols attached to or painted on a surface,
the area shall be considered to be the smallest rectangle which can
be drawn to encompass all of the letters and symbols.
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HEIGHT OF SIGN — The vertical distance measured from the
average grade at the lowest point of the sign to its highest point.
A supporting structure shall be used in determining the lowest or
highest point of a sign.
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An independently supported sign, not attached to any building.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A system utilizing sunlight to heat a fluid for space or domestic water heating or a system utilizing sunlight to generate electricity. (See § 27-624.)
Permission granted by the Zoning Hearing Board, with appropriate
restrictions, to undertake certain activities specified in this chapter
or to occupy or use land, buildings or structures for a specific purpose
or in a certain manner specified in this chapter.
The portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms.
The lot dimension measured along the street line or right-of
way line of any one street or highway abutting a lot.
The dividing line between a lot and the outside boundary
of a public street, road, or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
between a lot and the outside boundary of a street shown on a recorded
subdivision or land development plan, or between a lot and a private
street, road, or way over which the owners or tenants of one or more
lots held in single and separate ownership have a right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A facility or building which is designed or used as a residence for students enrolled at an institution of higher learning (college, university, community college, or trade school), including, but not limited to, a dormitory, fraternity house, or sorority house. (See § 27-626.)
The working place of a painter, sculptor, or such other similar
artistic endeavor; a place for the study of an art such as dancing,
singing, or acting, or such other similar artistic endeavor. Also
refer to the definition of "art studio."
An establishment where alcoholic beverages are served to
the general public as the primary portion of the trade in accordance
with local and state laws.
A structure, building, tower, antenna and other types of
facilities utilized as primary or accessory uses for telecommunications.
The following subdefinitions of telecommunication facilities are provided
as follows:
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CO-LOCATION — The location of more than one communications
antenna on a communication tower, support structure, building, public
utility transmission tower, or other similar structure.
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COMMUNICATIONS ANTENNA — A device used to receive and/or
transmit wireless communications or radio signals, including panels,
microwave dishes, wires, signal poles, whips, or similar communication
devices.
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COMMUNICATIONS SUPPORT STRUCTURE OR TOWER — Any monopole
or lattice structure designed and intended to be used for the support
and attachment of one or more commercial communications antennas,
appurtenant communications equipment, or similar devices.
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COMMUNICATIONS ANTENNA HEIGHT — The vertical distance
as measured from the base of the commercial communications antenna
support structure at the undisturbed grade to the top of the highest
point of the structure. If a commercial communications antenna support
structure is located on a sloped grade, the average grade between
the highest and lowest elevations on either side of the support structure
shall be utilized to calculate the height.
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DIRECTIONAL ANTENNA — An antenna or array of antennas
designed to concentrate a radio signal in a particular area.
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LATTICE TOWER — A guyed or self-supporting three- or four-sided
open, steel frame structure used to support telecommunications equipment.
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MICRO-CELL — A low-power mobile radio service telecommunications
facility used to provide increased capacity in high call demand areas
or to improve coverage in areas of weak coverage. Micro-cells communicate
with the primary low-power mobile radio service facility in a coverage
area via fiberoptic cable or microwave. Coverage area for a micro-cell
is typically a one-mile radius or less.
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MICROWAVE ANTENNA — A dish-like antenna manufactured in
many sizes and shapes, used to link communication sites together by
wireless transmission of voice or data.
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MONOPOLE — A structure composed of a single spire used
to support telecommunications equipment.
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OMNIDIRECTIONAL ANTENNA — An antenna that is equally effective
in all directions, and whose size varies with the frequency and gain
for which it is designed.
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REPEATER — A low-power mobile radio service telecommunications
facility that extends coverage of a cell or service area to areas
not covered by the originating cell or service area.
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WHIP ANTENNA — An antenna that is cylindrical in shape,
which can be directional or omnidirectional. Their size varies based
upon the frequency and gain for which they are designed.
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WIRELESS COMMUNICATIONS EQUIPMENT BUILDING — A building
or cabinet in which electronic receiving, relay or transmitting equipment
for a wireless communications facility is housed. The equipment building
shall be considered as a component of the commercial communications
facility.
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WIRELESS COMMUNICATIONS FACILITY — The communications
antenna(s), support structure, communications equipment building,
if any, parking and/or other structures and equipment involved in
receiving or transmitting wireless communications or radio signals.
A wireless communications facility shall also be considered as a commercial
communications facility.
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The science or technology of communications by electronic
transmission of impulses as telegraph, cable, cellular, telephone,
radio, television, microwave, earth station broadcast/cable television
communications and other similar technology not otherwise enumerated
and as may evolve after enactment of this chapter.
A legal method of applying pressure on, friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of parts of the body with the hands or with the aid of any mechanical
or spa apparatus.
A trailer, licensed by the Pennsylvania Department of Transportation,
containing living quarters and sanitary facilities. Also included
in this definition shall be living quarters permanently mounted on
a trailer, also known as a "tiny house."
A facility where fuel and/or food services are provided.
The specific purpose for which land, a sign, or a structure
or building is designed, arranged, intended, or for which it may be
occupied or maintained, or any activity, occupation, business, or
operation which may be carried on thereon or therein. The term "permitted
use" or its equivalent shall not be deemed to include any nonconforming
use.
Relief, granted by the Zoning Hearing Board, from the terms
and conditions of this chapter, provided those conditions contained
hereafter relating to establishing the entitlement to variances are
found to exist by the Zoning Hearing Board.
A building or group of buildings primarily utilized for storage,
transfer, loading and unloading of certain products or commodities,
but shall not include retail uses or trucking establishment, unless
such use is specifically permitted in that district.
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
A system utilizing wind to generate electricity. (See § 27-624.)
The open space on the same lot with a building. The space
shall be open and unobstructed from the ground upward, except as otherwise
provided in this chapter, and not less in depth or width than the
minimum required in each zoning district.
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YARD, FRONT — An open space between an adjacent street
right-of-way and a line drawn parallel thereto, at such distance therefrom
as may be specified herein for any zoning district, and extending
for the full width of the lot.
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YARD, REAR — An open space between the rear lot line and
a line drawn parallel thereto, at such distance therefrom as may be
specified herein for any zoning district, and extending for the full
width of the lot; except that in the case where the rear lot line
is included within a service street, the rear yard shall be between
the right-of-way line of the service street nearest the front yard
of the lot and a line drawn parallel to such right-of-way line of
the service street.
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YARD, SIDE — An open space between the side lot line and
a line drawn parallel thereto, at such distance therefrom as may be
specified herein for any zoning district, and extending from the front
yard to the rear yard; except that in the case where the side lot
line is included within a service street, the side yard shall be between
the right-of-way line of the service street nearest the principal
use or building on the lot and a line drawn parallel to such right-of-way
line of the service street.
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The Borough of Shillington Zoning Hearing Board.
The Borough of Shillington Zoning Officer.
The Borough of Shillington Zoning Ordinance, as amended.
