[Ord. 778, 5/8/2012, § 1]
1.
The provisions of this chapter shall be interpreted according to
the following principles:
A.
Words in the past or present tense shall include the future.
B.
Words in the plural number shall include the singular, and words
in the singular number shall include the plural.
C.
Words in the masculine gender shall include the feminine and the
neuter.
D.
The word "shall" is mandatory or imperative.
E.
The word "may" is permissive.
F.
Words used in this chapter which are not specifically defined shall
have their common or ordinary meanings, as shown by a standard dictionary.
[Ord. 778, 5/8/2012, § 1; as amended by Ord. 788,
4/9/2013, § 1]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning as stated below:
A subordinate building, the use of which is customarily incidental
to that of the principal building on the same lot.
A use which is subordinate to and customarily associated
with the principal use of a lot or building and located on the same
lot provided that it is not noxious or offensive to neighboring permitted
uses by reason of appearance, emission of odor, dust, smoke, gas,
vibration or noise and the spillover of lighting or lighting glare.
The Medical Marijuana Act, Pennsylvania Act 16, as adopted
on April 17, 2016.[1]
[Added by Ord. No. 839, 3/12/2019]
Any commercial establishment in which is offered for sale
as a substantial or significant portion of its stock in trade video
cassettes, movies, books, magazines or other periodicals or other
media which are distinguished or characterized by their emphasis of
nudity or sexual conduct or of activities which, if presented in live
presentation, would constitute adult entertainment.
An adult bookstore, commercial movie theater or movie house
or other adult entertainment as defined herein. In the event that
an activity or business which might be classified under a use category
other than adult business is combined with and/or includes activities
which constitute an adult bookstore, adult movie theater or movie
house or adult entertainment as defined herein, then such activity
or business shall constitute an adult business and shall be governed
by those provisions of this chapter applicable to adult business uses.
A facility in which seven or more older adults, or adults
any age with dementia-related disease, unrelated to the operator receive
adult care services. An adult day-care center must have a certificate
of compliance (license) from the Pennsylvania Department of Aging
in order to operate. This use does not include services for people
needing long-term supervised/inpatient nursing care but may include
occasional overnight stays.
[Added by Ord. No. 859, 10/10/2023]
A commercial establishment providing, either as a sole use
or in connection with or in addition to other uses, entertainment
consisting of the use of nudity or of live dancing, posing, displaying,
acting or other live presentation or use of persons in a manner intended
or likely to result in sexual arousal, excitation or titillation or
the arousal of the prurient interest.
Any commercial movie theater or other business which on a
regular and continuing basis shows, presents or makes available for
viewing on its premises films depicting explicit sexual conduct.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
As applied to a building or structure, that change or rearrangement
in the structural part, in the exit facilities, or in the enlargement,
whether by extending, as a side, or by increasing in height.
A change in use in any district which includes revisions
to text of this chapter and/or the official Zoning Map; and, the authority
for any amendment lies solely with the Borough Council.
One or more rooms with toilet and culinary accommodations
used and intended for occupancy as a separate dwelling unit.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building/zoning
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
An establishment engaged in the sale, loan or display of
art, books, paintings, sculpture, or other works of art.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes, other than a game or recreation room.
Any single-family dwelling in which either individuals or
families are housed or lodged for remuneration with meals normally
included as a part of the services rendered and shall be restricted
to transient visitors to the area.
[Amended by Ord. No. 862, 10/10/2023]
See "brewery"; "brewery pub/tap room"; "storage facility";
"limited distillery"; "limited winery"; "brewed beverage manufacturer."
[Added by Ord. No. 827, 7/11/2017]
Structure, building wall, or other outdoor surfaces used
to display lettered, pictorial, sculptured, or other matter that directs
attention to any product, announcement, commodity, or service offered
or available elsewhere than on the premises.
Any body granted jurisdiction under a land use ordinance
or under the Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., as amended, to render final
adjudications.
A detached building arranged or used for sheltering or feeding,
or both, for more than three and not more than 15 individuals that
do not constitute a family.
[Amended by Ord. No. 862, 10/10/2023]
The area of land lying between the edge of the road or street
cartway and the edge of the road or street right-of-way.
An establishment which produces brewed and/or malt beverages
for on-site or off-site sale and distribution, and which may include
a brewery pub or tap room on the premises, or as otherwise defined
as "manufacturer" by the Pennsylvania Liquor Code, as amended.[2] See "brewery."
[Added by Ord. No. 827, 7/11/2017]
A facility which holds a license to manufacture, store and
distribute brewed or malt beverages and which may include a brewery
pub or tap room, as regulated by the Pennsylvania Liquor Code, as
amended.
[Added by Ord. No. 827, 7/11/2017]
MICROBREWERYA brewery of 5,000 barrels (keg) or less per year.
LARGE BREWERYA brewery of greater than 5,000 barrels (keg) per year.
A portion of an establishment which holds a brewery license
as regulated by the Pennsylvania Liquor Control Board, which is open
to the public for sale of brewed and malt beverages for on-site and/or
off-site consumption and which also offers food to patrons, as regulated
by the Pennsylvania Liquor Code, as amended.
[Added by Ord. No. 827, 7/11/2017]
Landscaped areas which may include fences, walls, berms,
or any combination thereof, used to physically separate or screen
one use or property from another, so as to visually shield or block
noise, lights or other nuisances.
Any enclosed structure designed or intended for the support,
shelter or protection of persons, animals, or property.
A line located a fixed distance from the front, side or rear
line of the lot and interpreted as being the nearest point that a
building may be constructed to the lot line, as shown in Table 27-2
as minimum front, side or rear yards.
For the purpose of applying dimensional standards, the face of a building with the primary entrance shall be considered the front (see § 27-1416).
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
See "zoning permit."
A room area or series of areas, occupied by person or persons
separate from surrounding areas, normally used in the operation of
or in conjunction with a business or profession. Retail and wholesale
sales, and inventories are not permitted under this definition.
An ornamental roof-like structure including canvas awnings.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
A statement, based on an inspection, signed by the Zoning
Officer, following verification by the Building Code Enforcement Officer
setting forth either that a building or structure complies with this
chapter, or that a building, structure or parcel of land may lawfully
be employed for specified use or both.
A facility in which seven or more children unrelated to the
operator receive child-care services. A child day-care center must
have a certificate of compliance (license) from the Pennsylvania Department
of Human Services in order to operate.
[Added by Ord. No. 859, 10/10/2023]
A commercial operation accessory to a principal commercial
use in which seven or more children unrelated to the operator receive
child-care services. A child day-care center must have a certificate
of compliance (license) from the Pennsylvania Department of Human
Services in order to operate.
[Added by Ord. No. 859, 10/10/2023]
Engaging in a business, enterprise or activity for profit.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any communication tower and its associated structures operated
by any person, agency or corporation, not otherwise a public utility
as defined herein, who or which furnished mobile domestic cellular
radio telecommunications services or other communications services
for public or private use.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10601 et seq., as amended (see Part 15).
Individual ownership of a unit in a multi-unit structure.
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile, modular or manufactured homes.
A dwelling constructed by converting an existing building
into apartments for more than one family without substantially altering
the exterior of the building.
A lot or parcel of land abutting two or more street rights-of-way
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°.
[3]Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended,
to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of the county and judicial
district wherein the municipality lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The governing body.
The Zoning Hearing Board.
The Planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter 22] or planned residential development provisions.
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Determinations shall be appealable only to the boards designated
as having jurisdiction for such appeal.
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Any landowner, agent of such landowner, or tenant with the
permission of such land-owner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile or manufactured homes, streets and other paving,
utilities, mining, dredging, filling, grading, excavation or drilling
operations and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., shall mean the written
and graphic materials referred to in this definition.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health under
PA Act 16 to dispense medical marijuana. The term does not include
a health care medical marijuana organization under the Medical Marijuana
Act, Pennsylvania Act 16,[4] which has been separately approved by the Department to
dispense or grow and process in accordance with a research study pursuant
to Chapter 19 of the Act.
[Added by Ord. No. 839, 3/12/2019]
As defined by § 102 of the Pennsylvania Liquor
Code, as amended.[5]
[Added by Ord. No. 827, 7/11/2017]
An establishment, including drive-through uses, that by design,
physical facilities, service, or by packaging procedures encourages
or permits customers to receive services, obtain goods, or be entertained
while remaining in their motor vehicles.
Any building or portion thereof which is designed and used
exclusively for residential purposes of one family, and includes complete
kitchen and bathroom facilities.
A building designed for or occupied exclusively as a residence
for three or more families with separate housekeeping and cooking
facilities for each. Multiple-family includes walk-up, elevator and
high rise buildings.
A building designed for or occupied exclusively as a residence
for only one family.
A building designed for or occupied exclusively as a residence
for two families only, with separate housekeeping and cooking facilities
for each.
The erection, construction, alteration or maintenance by
public utilities, commissions, municipal departments or other governmental
agencies of underground or overhead gas, electrical, telephone transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal departments or commissions or for the
public health or safety or general welfare.
A space which will remain dry during flooding except for
the passage of some water vapor or minor see page; the structure is
substantially impermeable to the passage of water.
A building, structure or site where events for entertainment
hospitality including food and beverages are provided for pleasure
of patrons or clients, either independent of or in conjunction with
any other permitted uses. Such events shall include but are not limited
to public meetings, seminars, festivals, concerts, fundraising affairs,
arts and cultural displays, educational programming, weddings, or
other organized family or organizational celebrations.
A person living independently, or a group of persons living
as a single household unit using housekeeping facilities in common,
but not to include more than three persons who are unrelated by blood,
marriage, adoption, or foster child status.
[Amended by Ord. 815, 2/9/2016]
A low-impact home-based business in which four to seven children
unrelated to the operator receive child-care services. A family child
day-care center must have a certificate of compliance (license) from
the Pennsylvania Department of Human Services in order to operate.
[Added by Ord. No. 859, 10/10/2023]
An artificially constructed barrier of any material or combination
of material erected to enclose, screen or separate areas, excluding
barbed, electrified or razor wire fencing.
A bank, savings and loan association, credit union, lending
institution, mortgage office, or FDIC regulated business.
Those floodplain districts specifically designed in this
chapter as being inundated primarily by the one-hundred-year flood.
Included would be areas identified as Floodway District (FW), Flood
Fringe District (FF), and General Floodplain District (GFP).
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The sum of the gross horizontal exterior areas of the several
floors of a building excluding cellars, attics, garages, open breezeways,
open porches and terraces.
Land, a minimum of a acre in area with 15 or more trees at
least 12 inches in diameter at breast height (DBH).
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
That area of a lot abutting on a street or road right-of-way;
the front lot line or lot front.
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation.
An accessory building or part of a principal building used
only for the storage of private motor vehicles and/or other personal
effects of the occupants of the principal structures.
A building or part thereof used for the repair of motor vehicles
or similar equipment for remuneration.
A multiple family residential building, not exceeding three
stories in height, in which units are arranged side to side, back
to back or one above another, which may have either private external
entrances or common hall access, and which may have private exterior
yard area for each unit.
[6]A low-impact home-based business or a commercial operation
in which seven to 12 children unrelated to the operator receive child-care
services. A group child day-care center must have a certificate of
compliance (license) from the Pennsylvania Department of Human Services
in order to operate.
[Added by Ord. No. 859, 10/10/2023]
Any supervised long-term group living arrangement licensed
by the commonwealth for persons who do meet the definition of "mentally
or physically handicapped" provided in the Fair Housing Amendments
Act or the Americans with Disabilities Act living in an institutional
setting and not maintaining a common household.
[Added by Ord. No. 859, 10/10/2023]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health under
PA Act 16, to grow and process medical marijuana. The term does not
include a health care medical marijuana organization under the Medical
Marijuana Act, Pennsylvania Act 16,[7] which has been separately approved by the Department to
dispense or grow and process in accordance with a research study pursuant
to Chapter 19 of the Act.
[Added by Ord. No. 839, 3/12/2019]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and that does not meet the criteria of a no-impact home-based
business.
[Added by Ord. No. 860, 10/10/2023]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
[Added by Ord. No. 860, 10/10/2023]
Any hard-surfaced, man-made area that does not readily absorb
or retain water in the soil mantle including, but not limited to,
building roofs, swimming pools, parking and driveway areas, sidewalks
and paved recreation areas.
As defined by § 102 of the Pennsylvania Liquor Code,
as amended.[9]
[Added by Ord. No. 827, 7/11/2017]
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 or consolidation of land.
Development in accordance with § 503(1.1) of the Pennsylvania
Municipalities Planning Code, Act 247, 53 P.S. § 10503(1.1),
as amended.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
An establishment licensed by the Pennsylvania Liquor Control
Board to operate a distillery that shall not exceed production of
100,000 gallons of distilled liquor per year, or as otherwise defined
by the Pennsylvania Liquor Code, as amended.[10]
[Added by Ord. No. 827, 7/11/2017]
An establishment licensed by the Pennsylvania Liquor Control
Board to operate a winery that shall not exceed production of 200,000
gallons per year, or as otherwise defined by the Pennsylvania Liquor
Code, as amended.
[Added by Ord. No. 827, 7/11/2017]
See "dwelling unit."
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary stopping
of commercial vehicles while loading or unloading merchandise or materials
and which abuts upon an alley, street or other appropriate means of
access, and which is not less than 12 feet wide, 45 feet in length
and 14 feet in height.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A measure of intensity of land use which represents the portion
of a lot covered by principal and accessory structures, as further
defined; structure coverage is the total land area covered as measured
around the perimeter of the exterior walls of all principal and accessory
structures.
The mean horizontal distance between the front and rear lot
lines.
Any lot which has been recorded in the office of the Recorder
of Deeds of Beaver County prior to the adoption of this chapter.
The width of a lot measured at the front building line.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles placed on a site for more than 180 days.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Marijuana for certified medical use as set forth under the
Medical Marijuana Act, Pennsylvania Act 16.[11]
[Added by Ord. No. 839, 3/12/2019]
A room or suite of rooms used for the practice of a medical
or health profession including, but not limited to, medical doctors,
dentists, physical therapists, psychologists, chiropractors, and tattoo/branding.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
A building having public significance because of its architecture
or past use, or serving as a repository for natural, scientific, literary
or historical objects or works of art, arranged for public viewing,
with or without an admission charge.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
The display of the human genitalia, pubic area or buttocks
with less than a fully opaque covering or the display of the female
breast with less than a fully opaque covering of any portion thereof
below the top of the nipple.
A business or an institution, licensed by the Commonwealth
of Pennsylvania, for the care of human patients requiring skilled
or intermediate nursing care as defined in Chapter 201, Applicability,
Definitions, Ownership, and General Operation of Long-Term Care Nursing
Facilities, Section 201.3, of the Pennsylvania Code,[12] but not including facilities for major surgery or care
and treatment of drug or alcohol addiction.
[Added by Ord. No. 859, 10/10/2023]
Any area arranged, designed, used or intended for use of
five or more motor vehicles.
A designed open or solid fence or wall that contributes to
the identification and appearance of the principal use, does not act
as a retaining structure and is made of material that is not typically
utilized in security structures such as chain link.
A sign that overhangs or extends over a public street, public
sidewalk or other similar area used by the public.
An individual, partnership, corporation, association, estate,
trust or other entity.
Unless otherwise defined in Pennsylvania Code Chapter 2600,
Personal Care Homes, as amended,[13] 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. The term includes a premises
that has held or presently holds itself out as a personal care home
and provides food and shelter to four or more adults who need personal
care services, but who are not receiving the services.
[Added by Ord. No. 859, 10/10/2023]
The primary use or purpose of which a building, structure,
and/or land and major portion thereof, is designed, arranged, or intended,
or for which it may be occupied or maintained under this chapter.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council taking action in accordance with the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq.,
as amended.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
Notice published once each week for 2 successive weeks in
a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The manufacture of newspapers and related literary productions
and distribution to wholesalers or retailers.
The one-hundred-year flood elevation as defined by the Flood
Insurance Study for Beaver Borough, Beaver County, Pennsylvania.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any body, board, officer or consultant for the purpose of assisting
the recipient of such report in the rendering of any decision or determination.
All reports shall be deemed recommendatory and advisory only and shall
not be binding upon the recipient, board, officer, body or agency,
nor shall any appeal lie therefrom. Any report used, received or considered
by the body, board, officer or agency rendering a determination or
decision shall be made available for inspection to the applicant and
all other parties to any proceeding upon request, and copies thereof
shall be provided at cost of reproduction.
A commercial establishment where food and beverages are prepared,
served primarily within the principal building and where food sales
constitute more than 80% of the gross sales receipts.
Includes selling, soliciting or taking orders for any goods,
wares, and merchandise of any kind from a fixed location within the
Borough whether for the entire business year, or solely for any particular
season of the year. It may contemplate the keeping of a stock in trade
or of sales from catalogue. A retail business shall be required to
have at least 75% of gross receipts derived from sale of goods, wares,
and merchandise.
The relationship of specific developments, adaptive reuse,
change of use or consolidation of uses in terms of size, height, bulk
(lot coverage), intensity and aesthetics, to its surroundings.
A strip of land containing plantings designed to effectively
provide a year round sound and visual barrier so as to shield one
property or building from another.
A building or buildings containing separated spaces to be
leased or rented to individuals and/or business for the storage of
personal belongings, goods or supplies.
[Added by Ord. No. 861, 10/10/2023]
Establishments primarily engaged in providing assistance
as opposed to products, further defined as follows:
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BUSINESS SERVICES — Establishments primarily engaged in
rendering services on a fee or contract basis, such as advertising
and mailing, building maintenance, employment services, management
and consulting services, protective services, equipment rental and
leasing incidental to the service offered, commercial research, development
and testing.
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CULTURAL AND RECREATION SERVICES — Establishments including,
but not limited to, libraries, museums and similar public or quasi-public
use displaying, preserving and exhibiting objects of community and
cultural interests in one or more of the arts or sciences.
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HEALTH SERVICES — Health care facilities as well as establishments
providing support to the medical profession and patients, such as
medical and dental laboratories, blood banks, oxygen, and miscellaneous
types of medical supplies and services.
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PERSONAL SERVICES — Establishments primarily engaged in
providing services involving the care of a person or his or her personal
goods or apparel, (including, but not limited to, beauty and barbershops,
dry cleaning and pressing, shoe repair, health clubs, health spas,
clothing rental and domestic services.)
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PROFESSIONAL SERVICES — Offices of members of recognized
professions maintained for the conduct of that profession. Any office
or establishment providing specialized services. This includes accounting,
auditing, architectural, educational, engineering, health, legal,
medical, planning, scientific and related disciplines that involve
skill, education or specialized knowledge which is predominantly mental
or intellectual, rather than physical or manual.
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SOCIAL SERVICES — Establishments providing assistance
and aid to those persons requiring counseling for psychological problems,
employment, learning disabilities and physical disabilities, and residential
care such as child day care and nurseries.
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TRANSPORTATION SERVICES — Establishments furnishing services
incidental to transportation, such as forwarding and packing services
and the arranging of passenger or freight transportation.
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Patently offensive acts, representations, descriptions or
depiction of sexual intercourse, masturbation, sodomy, excretory functions
or physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks or, if such person be female, breasts.
The use of a dwelling in which the owner rents any area of
the dwelling to one (or more) individuals for compensation or fee,
including offer of exchange in kind, of any type (whether or not involving
overnight accommodations or separate sleeping quarters) for less than
30 consecutive days. This definition applies to all types of residential
dwellings including (but not limited to) single-family detached residential,
two-family residential, multifamily residential, and residential properties
commonly considered as seasonal homes, vacation homes, or tourist
homes.
[Added by Ord. No. 862, 10/10/2023]
A name, identifications, image, description, display or illustration
which is affixed to, painted or represented directly or indirectly
upon a building, structure, or piece of land, and which directs attention
to an object, product, place, activity, facility, service, event,
attraction, person, institution, organization or business and which
is visible from any street, right-of-way, sidewalk, alley, park or
other public property. Customary displays of merchandise or objects
and material placed behind a store window are not signs or parts of
signs.
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ARCHITECTURAL STATUE — A free-standing figure, characterization,
sculpture, etc., (of three-dimensional construction) used to attract
attention to a place of business or to generate artistic interest.
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AWNING SIGN — An exterior sign mounted on an awning.
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BUILDING SIGN — An exterior sign mounted on a wall, awning,
canopy, window or other portion of any building or painted thereon.
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BULLETIN BOARDS — A free-standing exterior sign, not permanently
attached to the ground that provides information about current day
offerings within the business location such as lunch specials, merchandise
specials, etc.
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DECORATIVE FLAG — A sign made of flexible material (cloth,
vinyl, etc.), mounted on a pole and/or attached to a building facade,
which is not the official symbol of national, state, and local government
and agencies, past and present. May contain a private business logo,
and/or a few words such as "Welcome" or "Open."
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FLAG — A sign made of flexible material, mounted on a
pole attached to the face of a building, which is the official symbol
of national, state, and local government agencies.
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FREE-STANDING GROUND OR MONUMENT SIGN — An independently
supported sign permanently affixed to a foundation that is not a free-standing
pole sign and not connected to any building or structure.
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FREE-STANDING POLE SIGN — A sign that is independently
supported by one or more supports and not attached to any building
or structure.
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HISTORIC SIGN — Restoration/preservation of such signage
that does not otherwise comply with the provisions of the ordinance
must first be presented to and designated as historic by Borough Council
who shall have the sole right to make such designation and to impose
any requirements or restrictions on same.
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PROJECTING SIGN — A sign mounted on the wall, window,
face or other surface of a structure and departing angularly from
the plane of such surface.
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TEMPORARY SIGN — A sign made out of flexible material
(cloth, vinyl, paper, etc.) mounted on poles, cords, wire or on the
facade of a building used to announce a specific activity or event
associated with the subject property. Includes "banner" type signage.
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TIME/TEMPERATURE/WEATHER SIGN — Any display that illustrates
time, temperature or weather.
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The entire area within a single continuous perimeter enclosing
the extreme limits of such sign. All signs shall be limited to not
more than two faces. All area limitations shall be computed in square
feet. Each face of a double-face sign may equal the maximum size permitted
for the particular type of sign. When individual letters are used
separately on the surface of a building wall, the spaces between said
letters shall be included in computing the area of the sign.
A use permitted in a particular zoning district pursuant
to the provisions of Articles VI and IX of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, 53 P.S. §§ 10601 et
seq., 10901 et seq., as amended.
A portion of a warehouse or a separate structure, owned and
maintained by a person or entity which holds a license that permits
the temporary storage of brewed or malt beverages and which may also
include a brewery pub or taproom, as regulated by the Pennsylvania
Liquor Code, as amended.[14]
[Added by Ord. No. 827, 7/11/2017]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite interior walls are not more than
five feet above the floor of such story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, and any other ways used or intended to be used by vehicular
traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Any reasonable permanent pool or open tank, 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. Lakes are not included, provided that swimming was not the primary
purpose for their construction.
An establishment which provides external body modification,
through the application of a tattoo, body-piercing, or branding. Body-piercing
is the perforation of human tissue other than an ear for a non-medical
purpose. Branding is a permanent mark made on human tissue by burning
with a hot iron or other instrument and tattoo is an indelible mark
made upon the skin by the insertion of a pigment or an indelible design
made upon the skin by production of scars other than by branding.
A multiple family dwelling structure, consisting of three
to nine single-family units, that are attached side by side by unpaired
party walls, whether or not individual dwelling units are situated
on individually recorded lots.
A dwelling unit occupied on a short-term basis by persons
assigned by a court of law, or who are self-referred, or referred
by a public, semipublic or nonprofit agency, and managed by a public,
semipublic or nonprofit agency responsible for the occupants' care,
safety, conduct, counseling and supervision for a specified period
of time, including alcoholic recovery, shelters for battered persons
and their children, maternity homes, community reentry services following
incarceration, prison assignment, house arrest or other court-ordered
treatment, and other such short-term supervised assignments.
[Added by Ord. No. 859, 10/10/2023]
An area of land used for the centralized storage of trucks
or where such vehicles are congregated for the loading and unloading
of goods, materials, and freight, typically for a short period of
time.
[Added by Ord. No. 861, 10/10/2023]
A specific purpose for which land or a building or other
structure is designed, arranged or formed, or for which it is or may
be maintained or occupied.
Any use within a given zoning district that is specifically
allowed as a matter of "right" and is so stipulated by the zoning
regulations governing that district.
Relief granted pursuant to the provisions of Articles VI
and IX of the Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. §§ 10601 et seq., 10901 et seq., as amended.
An enclosed structure used for the storage of merchandise
or commodities for an extended period of time, typically over 30 days.
[Added by Ord. No. 861, 10/10/2023]
The offering of goods for purchase by the general public,
conducted from the yard, porch or garage of a dwelling. Such activity
shall be considered an accessory use and not a home-based business.
The open space extending across the entire width of the lot
between the front setback line and the street right-of-way line.
The required open space extending from the rear setback line
of the principal structure to the rear lot line (not necessarily a
street right-of-way line) throughout the entire width of the lot.
The required open space extending from the side yard setback
line of the principal structure to the side lot line throughout the
entire depth of the lot.
The Board assigned the duties of hearing appeals, granting
variances and granting uses by special exception as permitted in this
chapter.
The individual authorized by the Borough Council to be the
administrator of the day to day application of the provisions of this
chapter.
A statement signed by the Zoning Officer required prior to
the issuance of a building permit indicating that the application
for permission to construct, alter or add is approved and in accordance
with the requirements of the terms of this chapter.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[3]
Editor's Note: The former definition of "day care," which
immediately followed, was repealed by Ord. No. 859, 10/10/2023.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[6]
Editor's Note: The former definition of "group residential
facility," which immediately followed, was repealed by Ord. No. 859, 10/10/2023.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[8]
Editor's Note: The former definitions of "home occupation"
and "home-based business," which immediately followed, were repealed
by Ord. No. 860, 10/10/2023.
[11]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[12]
Editor's Note: See 28 Pa. Code § 201.3.
[13]
Editor's Note: See 55 Pa. Code § 2600.1 et seq.
