This chapter shall be known as the "Dover Borough Zoning Ordinance."
A.
Purpose of chapter. The regulations in this chapter have been promulgated
with the purpose of promoting, protecting and facilitating:
(1)
Coordinated and practical community development.
(2)
Proper density of population.
(3)
Adequate water and sewerage.
(4)
Adequate schools, parks and other public grounds and buildings.
(5)
Adequate light and air.
(6)
Adequate transportation and parking.
(7)
The public health, safety and general welfare.
(8)
The most appropriate uses of land. The regulations are also designed
to prevent:
B.
Community development objectives. This chapter is enacted as part
of the overall plan for the orderly growth, development and/or redevelopment
of Dover Borough. As such, this chapter is based upon the expressed
or implied plan objectives contained in the Dover Borough/Dover Township
Joint Comprehensive Plan. This chapter provides a legal basis and
framework for future community development. The following Comprehensive
Plan Objectives provide the basis for development of growth management
and community realization strategies, policies, projects and programs:
[Amended 12-7-2009 by Ord. No. 2009-03]
(1)
Provide a growth management strategy that addresses the quality,
quantity, location and phasing of residential growth to meet needs
of all income levels and to meet access and circulation needs.
(2)
Provide for the health, safety and welfare of our citizens by developing
a plan for adequate public utilities including water, sewer and stormwater
management to meet both current and future needs.
(3)
Provide for the safe and efficient movement of people, goods and
services with access to multi-modes of transportation in and throughout
the Borough.
(4)
Identify economic development opportunities and strategies with an
emphasis on small-scale mixed use center supporting surrounding compatible
commercial and industrial development supported by adequate facilities
including utilities, water, sewer and transportation facilities.
(5)
Provide strategies for preservation and conservation of agricultural
lands, natural resources (including, but not limited to, water resources)
and environmentally sensitive lands through regulation and partnership
with landowners.
(6)
Preserve and enhance the smaller-scale village character within the
Village Center in Dover Borough.
(7)
Provide for adequate public facilities and services including parks
and recreation facilities, community centers, and desired programs
for all ages at locations accessible to current and anticipated neighborhoods.
(8)
Provide necessary services including police, fire emergency services,
schools, disposal of solid waste and other similar services to meet
the needs of all citizens and businesses.
(9)
Establish land use policy that adheres to the principles of smart
growth to build a sustainable community including provisions for preservation
and conservation of natural resources and agricultural lands, reduction
of development impacts on the environment, restriction of growth outside
of the growth boundary in the Dover Borough-Dover Township region,
adequate public facilities and services, and improved accessibility
to goods and services.
A.
Word usage. Any word or term used in this chapter but not defined in this chapter or Chapter 138, Subdivision and Land Development, shall be used as defined in the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.), as amended or revised, or, if not defined therein, shall be used with the meaning of standard usage within the context of the section
[Amended 4-5-1999 by Ord.
No. 1999-1]
B.
Language interpretation. In this chapter when not inconsistent with
the context:
(1)
Words in the present tense imply also the future tense.
(2)
The singular includes the plural.
(3)
The male gender includes the female gender.
(4)
The word "person" includes a partnership, corporation or other business
entity or any other entity.
(5)
The term "shall" or "must" is always mandatory.
(6)
The words "used or occupied," as applied to any land or building,
include the words "intended, arranged or designed to be used or occupied."
[Added 4-5-1999 by Ord.
No. 1999-1]
C.
ADJACENT PROPERTY
ALLEY
ALTERATIONS
ALTERATIONS, STRUCTURAL
ANIMAL HOSPITAL
AUTOMOTIVE FUELING FACILITY WITH CONVENIENCE
AUTOMOTIVE REPAIRS
AUTOMOTIVE RETAIL SALES
BASEMENT
BUILDING
(1)
(2)
(3)
BUILDING AREA
BUILDING COVERAGE (MAXIMUM)
BUILDING HEIGHT
BUILDING, PRINCIPAL
BUILT-UP AREA
BUSINESS AND/OR PROFESSIONAL OFFICE
CARE FACILITIES
(1)
(2)
(3)
(4)
(5)
(6)
(a)
(b)
CELLAR
CLUB ROOM, MEETING HALL
COTTAGE INDUSTRY
COUNTY COMPREHENSIVE PLAN
CREMATORY
DEVELOPMENT PLAN
DISTANCE BETWEEN BUILDINGS
DRIVEWAY
DWELLING
(1)
(2)
(3)
(4)
(5)
DWELLING CONVERSION
(1)
(2)
DWELLING UNIT
EASEMENT
FAMILY
FINANCE/INSURANCE/AND REAL ESTATE
FLOOR AREA, GROSS
FLOOR AREA, GROSS LEASABLE
FLOOR AREA, HABITABLE
FUNERAL HOME
GREENHOUSE
GROUP HOME
HEAVY STORAGE SERVICE
HOME OCCUPATION OR PROFESSION
HORTICULTURAL NURSERY
HOSPITAL
HOTEL OR MOTEL
HOUSE/PLACE OF WORSHIP
INFILL DEVELOPMENT
JUNKYARD
KENNEL
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
LANDOWNER
LAUNDRY/LAUNDROMAT/DRY CLEANING
LOADING SPACE
LOT
LOT AREA
LOT COVERAGE (MAXIMUM)
LOT WIDTH
LOT, CORNER
MANUFACTURING OR INDUSTRIAL ESTABLISHMENT
MEDICAL CLINIC
MIXED-USES
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MULTI-FAMILY OR TWO-FAMILY CONVERSION
NO IMPACT HOME-BASED BUSINESS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
NONCONFORMING LOT
NONCONFORMITY
(1)
(2)
(3)
OVER-THE-AIR-RECEPTION DEVICES ("OTARD")
PARKING GARAGE
PARKING LOT
PARKING SPACE
PERSONAL COMMUNICATION TRANSMITTING AND RECEIVING FACILITY
PUBLIC
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC SEWER
PUBLIC WATER
RECREATION AND ENTERTAINMENT FACILITY
RESEARCH LABORATORY/PRODUCT DEVELOPMENT FACILITY
RESTAURANT
(1)
(2)
RETAIL SALES, OUTDOOR
RETAIL STORE
ROADWAY (CARTWAY)
ROOMING HOUSE
SCREEN PLANTING
SETBACK
(1)
(2)
(3)
SETBACK LINE
SHOPPING CENTER
SIGN
(1)
(2)
(3)
(4)
(5)
SPECIAL EXCEPTION
STORY
STORY, HALF
STREET
STREET GRADE
STREET LINE
STRUCTURE
SWIMMING POOL
TAVERN/BAR
USE
(1)
(2)
UTILITY SHED
VARIANCE
YARD
Specific words and phrases. The following words and phrases shall
have the particular meaning assigned by this section in the appropriate
sections of this chapter.
All properties within 300 feet to the closest point of the
boundary line of the property under consideration.
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
As applied to a building or structure, any change or rearrangement
in the total floor area or an enlargement, whether by extending on
a side or by increasing in height or the moving from one location
or position to another or gutting or demolition.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
A building used primarily for the treatment by a veterinarian,
of small domestic animals such as dogs, cats, rabbits and birds or
fowl.
A gas station that dispenses fuel that may or may not be
connected with fast-food restaurant or a convenience store located
on the same lot and planned, operated, and maintained as an integrated
planned development.
[Added 12-7-2009 by Ord.
No. 2009-3]
Establishments primarily engaged in furnishing automotive
servicing, repair, rental, leasing, and parking services to the general
public.
[Added 12-7-2009 by Ord.
No. 2009-3]
The use of land and buildings for the display and sale of
primarily used motor vehicles and may include repair and service facilities
as well as financing and leasing services.
[Added 12-7-2009 by Ord.
No. 2009-3]
A story partly underground and having more than 1/2 of its
clear height above the average level of the adjoining ground.
Any structure or edifice designed or intended for use as
an enclosure, a shelter or for protection of persons, animals or property.
DETACHEDA building which has no party wall.
SEMIDETACHEDA building which has only one party wall in common.
A building which has two or more party walls in common.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
A percentage which when multiplied by the lot area will determine
the permitted area that can be developed or covered by buildings.
The total overall height of a building measured from the
average grade level to the highest point of the structure.
A building in which is conducted the principal use of the
lot on which it is located.
[Added 12-7-2009 by Ord.
No. 2009-3]
An area of the Borough where less than 25% of the land is
vacant, i.e., the Village District.
[Added 12-7-2009 by Ord.
No. 2009-3]
Establishments primarily engaged in rendering services or
selling products to other businesses or customers on a fee or contract
basis.
[Added 12-7-2009 by Ord.
No. 2009-3]
Establishments which provide food, shelter, personal assistance,
supervision and/or medical or other health related services for individuals
not in need of hospitalization, but who, because of age, illness,
disease, injury, convalescence or physical or mental infirmity need
such care.
[Added 12-7-2009 by Ord.
No. 2009-03]
ADULT DAY CARE CENTERAny premises in which care is provided for the elderly or disabled adults for part of a twenty-four-hour day excluding care provided by relatives. Care includes personal assistance, the development of skills for daily living and the provision of social contact.
CHILD DAY CARE CENTERA facility licensed by the Commonwealth that provides a wide range of formal day care services for remuneration to seven or more children who are supervised by a qualified staff. The child care areas in a day care center shall not be used as a family residence.
CONVALESCENT/NURSING HOME/INTERMEDIATE CARE FACILITYA facility that provides, on a regular basis, personal care treatment, rehabilitation services for persons recovering from illness or injury, such facility also includes dressing and eating and health-related care and services to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
DOMICILIARY CARE FACILITIESA long-term residential facility serving those in need of personal care, the elderly, the physically handicapped, and the mentally retarded including limited nursing staff.
FAMILY DAY CARE HOMEA child care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child care home must have a certificate of registration from DPW in order to legally operate.
PERSONAL CARE FACILITY"A premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for persons over 18 years of age 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 matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration."[1] No rehabilitation services shall be provided at this type
of facility.
SMALL PERSONAL CARE FACILITYA facility, as defined above, which serves two to five residents.
LARGE PERSONAL CARE FACILITYA facility, as defined above, which serves six or more residents.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground.
A building used by a group of people organized for a common
purpose to pursue common goals, interests, or activities and usually
characterized by certain membership qualifications, payment of fees
and dues, regular meeting, and a constitution and bylaws.
[Added 12-7-2009 by Ord.
No. 2009-3]
A small, individually owned business that typically functions
without altering the residential character of the neighborhood and
which does not create any negative impacts on the public health, safety
and general welfare of the adjacent property owners. Includes specialty,
unique and/or personalized goods or products, original fine arts and
crafts or antiques offered for sale in a portion of a residence. Items
may be produced on or off-site and displayed for viewing and/or purchase.
[Added 12-7-2009 by Ord.
No. 2009-3]
A land use and growth management plan prepared by the County
planning commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their comprehensive plan and land use regulation.
[Added 12-7-2009 by Ord.
No. 2009-3]
A mortuary establishment containing a furnace where a corpse
can be burned and reduced/cremated to ashes governed by Department
of Environmental Protection, Bureau of Air Quality, and must obtain
proper permitting (General Permit BAQ-GPA/GP-14: Human or Animal Crematories).
[Added 12-7-2009 by Ord.
No. 2009-3]
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 MPC shall mean the written
and graphic materials referred to in this definition.
[Added 12-7-2009 by Ord.
No. 2009-3]
The required distance between facings or building walls measured
at the narrowest point.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A building or structure designed for living quarters for
one or more families, including modular or mobile homes; but not including
rooming houses, convalescent homes, motels, hotels, dormitories, or
other accommodations used for transient occupancy.
[Amended 12-7-2009 by Ord. No. 2009-03]
DWELLING, MULTI-FAMILYA building containing three or more dwelling units including apartment houses or garden apartments. All dwelling units are located on a single lot and share with other units a common yard area.
DWELLING, SINGLE-FAMILY ATTACHEDA portion of a building containing one dwelling unit and having two party walls in common with other dwelling units, such as a row home or townhouse. Each dwelling is located on a single lot.
DWELLING, SINGLE-FAMILY DETACHEDA building containing only one dwelling unit and having two side yards.
DWELLING SINGLE-FAMILY SEMI-DETACHEDA portion of a building containing one dwelling unit, having one side yard and having one party wall in common with another dwelling unit. Each dwelling unit is located on its own lot.
DWELLING, TWO-FAMILY (DUPLEX)A building containing two dwelling units, having two side yards and having one partition in common between the two units, arranged in either a side-by-side (duplex) or over-and-under configuration. Both dwelling units are located on a single lot.
A dwelling constructed by converting an existing structure
into apartments for more than one family, without substantially altering
the exterior of the building.
TWO-FAMILY CONVERSIONApartments for two families.
MULTI-FAMILY CONVERSIONApartments for three or more families.
One or more rooms, designed, occupied, or intended for occupancy
as a separate living quarter, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
[Amended 12-7-2009 by Ord. No. 2009-3]
A limited right of use granted in private land a space within
which no structure may be built.
One or more persons who live in one dwelling unit and maintain
a common household; may consist of a single person or two or more
persons, whether or not related by blood, marriage or adoption; may
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodging or rooming house.
Establishments such as banks and financial institutions,
credit agencies, investment companies, brokers of and dealers in securities
and commodities, security and commodity exchanges, insurance agents,
lessors, lessees, buyers, sellers, agents, and developers of real
estate.
[Added 12-7-2009 by Ord.
No. 2009-3]
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use, but not including
any floor space intended and designed for accessory heating and ventilating
equipment.
The sum of the floor areas in a shopping center intended
and designed for the tenants' occupancy and exclusive use. It
is all that area on which tenants pay rent, including sales areas
and integral stock areas.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, bathroom,
closets, hallways, stairways, but not including cellars or attics
or service rooms or areas such as utility rooms, nor unheated areas
such as enclosed porches.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
[Added 12-7-2009 by Ord.
No. 2009-3]
A building or structure whose roof and sides are made largely
of glass or other transparent or translucent material and in which
the temperature and humidity can be regulated for the cultivation
of fragile or out-of-season plants for subsequent sale or for personal
enjoyment.
[Added 12-7-2009 by Ord.
No. 2009-3]
A dwelling designed and used as a residence for individuals
with disabilities, as defined and protected by the Federal Fair Housing
Act, as amended, who live together primarily for purposes relating
to their disabilities as the functional equivalent of a family in
a shared living arrangement licensed or certified by the appropriate
county, Commonwealth or Federal agency.
[Added 12-7-2009 by Ord.
No. 2009-3]
A commercial or warehouse facility providing for the enclosed
storage of building materials, machinery and equipment, commercial
vehicles, trailers, and/or similar items.
[Added 12-7-2009 by Ord.
No. 2009-3]
A special type of accessory use. It is an occupation or profession
which:
The cultivation of a garden or orchard that raises plants,
trees, shrubs, and flowers for retail or wholesale purposes.
[Added 12-7-2009 by Ord.
No. 2009-3]
A piece for the diagnosis, treatment or other care of humans
and having facilities for inpatient care.
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by transient guests, chiefly motorists; including auto courts,
motor lodges and similar establishments.
[Added 12-7-2009 by Ord.
No. 2009-3]
A church, synagogue, temple, mosque, or other facility that
is used for prayer by persons of similar beliefs.
[Added 12-7-2009 by Ord.
No. 2009-3]
The development of new housing or other uses on scattered
vacant sites within a built-up area.
[Added 12-7-2009 by Ord.
No. 2009-3]
Any establishment or place, on public or private property,
where a person stores or accumulates wrecked, abandoned, inoperable
or junked motor vehicle(s), machinery or equipment, or scrap metal
or materials for the purpose of salvaging parts therefrom for use
or resale or the destruction of the same for resale as scrap. Any
tract of land used for such purposes, regardless of ownership, shall
be considered a separate junkyard. (An "inoperable motor vehicle"
is a vehicle intended to be self-propelled that shall not be operable
under its own power for any reason or a vehicle that does not have
a valid current registration plate or that has a certificate of inspection
which is more than 60 days beyond its expiration date.)
[Amended 10-6-2003 by Ord. No. 2003-3]
Any lot on which animals (except livestock, horses or poultry)
are kept, boarded, raised, bred, treated or trained for a fee, whether
in special buildings or runways or not including, but not limited
to, dog or cat kennels.
[Amended 10-6-2003 by Ord. No. 2003-3]
Any of the following activities:
[Added 12-7-2009 by Ord.
No. 2009-03]
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 single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with PA MPC § 503(1.1).
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 providing washing, drying, or dry cleaning
machines on the premises for rental use to the general public.
[Added 12-7-2009 by Ord.
No. 2009-3]
An off-street space or area suitable for the loading or unloading
of goods and having direct usable access to a street or alley.
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.
[Amended 12-7-2009 by Ord. No. 2009-3]
The area contained within the property lines of individual
parcels of land, excluding any area within a street right-of-way,
but including the area of any easement.
A percentage which when multiplied by the lot area will determine
the permitted area which may be covered with an impervious surface
(e.g., buildings, driveways, parking area, sidewalks).
The distance between the side property lines measured along
the street line.
A lot or parcel of land abutting on two or more streets at
their intersection or on two parts of the same street forming an interior
angle of less than 135°. The front of the lot shall be defined
as the area bounded by the street line which determines the property
address.
[Added 12-7-2009 by Ord.
No. 2009-3]
Uses that involve the primary production or refining of commodities
from raw materials.
[Added 12-7-2009 by Ord.
No. 2009-3]
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis.
The development or rehabilitation of a building, structure
or tract of land designed to include permitted uses in the Village
District with residential uses planned for upper floors.
[Added 12-7-2009 by Ord.
No. 2009-3]
A transportable structure designed for use as a single family
dwelling intended for permanent occupancy, an office or place of assembly,
contained in one unit or in two units designed to be joined into one
integral unit capable of again being separated for repeated towing,
which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations and constructed
so that it may be used without a permanent foundation.
[Amended 10-6-2003 by Ord. No. 2003-3]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
[Amended 12-7-2009 by Ord. No. 2009-3]
A multi-family or two-family dwelling constructed by converting
an existing building into apartments for more than one family, without
substantially altering the exterior of the building.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 10-6-2003 by Ord.
No. 2003-3]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
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 reason of such adoption or amendment.
[Added 12-7-2009 by Ord.
No. 2009-3]
A use, structure, lot or dimension in conflict with the regulations
of this chapter, existing on the effective date of this chapter or
existing at any subsequent amendment of this chapter or created by
variance. Specifically, the following types of nonconformities are
distinguished:
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or any amendment theretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation.
DIMENSIONAL NONCONFORMITYA lot or structure which is nonconforming because it is not in compliance with the extent of use or dimensional regulations of this chapter.
Antennas used to receive video programming, and data services,
including television and internet, which are regulated by the Federal
Communications Commission (FCC, 47 CFR 1.4000). An OTARD is considered
an accessory structure.
[Added 12-7-2009 by Ord.
No. 2009-3]
A building where passenger vehicles may be stored for short-term,
daily, overnight off-street parking.
An open lot where passenger vehicles may be stored for short-term,
daily, overnight off-street parking.
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or alley.
Any antenna, radio receiving structure, microwave antenna
for satellite communication (commonly referred to as a satellite dish),
or other similar facilities used to transmit and receive electromagnetic
waves for personal non-business use which does not fall under the
Federal Communications Commission definition of an over-the-air-reception
device ("OTARD"). Such a structure is considered an accessory structure.
[Added 12-7-2009 by Ord.
No. 2009-3]
Owned, operated or controlled by a governmental agency (Federal,
State or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Education).
A formal meeting held pursuant to public notice by the Governing
Body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Municipalities Planning
Code.
[Added 12-7-2009 by Ord.
No. 2009-3]
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
[Added 12-7-2009 by Ord.
No. 2009-3]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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.
[Added 12-7-2009 by Ord.
No. 2009-3]
A municipal sanitary sewer system or a comparable common
or package sanitary facility approved and permitted by the appropriate
State or Federal agency.
[Amended 10-6-2003 by Ord. No. 2003-3]
A municipal water supply system or a comparable common water
facility approved and permitted by the appropriate State or Federal
agency.
[Amended 10-6-2003 by Ord. No. 2003-3]
A recreation facility operated as a business and owned by
a private organization and is open to bona fide members, guests, or
paying customers.
[Added 12-7-2009 by Ord.
No. 2009-3]
A building used for research, data processing, testing, analytical
research, product development, housing for profit or not for profit
professional and non-professional staff not involving manufacturing,
sale, processing, warehousing, distribution or fabrication of materials,
products or goods.
[Added 12-7-2009 by Ord.
No. 2009-3]
[Added 12-7-2009 by Ord. No. 2009-03]
FAST FOOD RESTAURANT WITH DRIVE THROUGHAn establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
RESTAURANTAn establishment where food and drink are prepared, served, and consumed, mostly within the principal building.
The display and sale of products and services primarily outside
of a building or structure, including vehicles; garden supplies, flowers,
shrubs, and other plant materials; gas, tires, and motor oil; food
and beverages; farm equipment; motor homes; burial monuments; and
building and landscape materials.
[Added 12-7-2009 by Ord.
No. 2009-3]
Any fixed facility in which food, drink, goods, and other
department store or farm store items are sold for a fee or fixed contract.
[Added 12-7-2009 by Ord.
No. 2009-3]
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
A building containing a single dwelling unit and guest rooms,
where lodging is provided with or without meals for compensation.
A vegetative material used to conceal from the view of property
owners in adjoining zones the structures and uses on the premises
on which the screen planting is located.
[Amended 10-6-2003 by Ord. No. 2003-3]
The required horizontal distance between a setback line and
a property or street line.
SETBACK, FRONTThe distance between the street line and the front setback line, a uniform distance projected the full width of the lot, creating a space commonly called the "front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line, a uniform distance projected the full width of the lot, creating a space commonly called the "rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line, a uniform distance projected from the front yard to the rear yard, creating a space commonly called the "side yard."
A line within a property and parallel to a property or street
line which delineates the required minimum distance between a structure
and that property or street line.
A group of stores planned and designed for the site on which
it is built, functioning as a unit, with off-street parking provided
on the property as an integral part of the unit.
Any surface, fabric, device or structure bearing lettered,
pictorial or sculptured matter designed for visual communication and
used for the purpose of bringing the subject thereof to the attention
of the public, but not including any flag, badge or insignia of any
government, government agency or of any civic, charitable, religious,
fraternal or similar organization.
SIGN, ADVERTISINGA sign whose major purpose is for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
SIGN, BUSINESSA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
SIGN, DIRECTIONALA sign which directs people to a community; an event of public interest; public uses and buildings; uses and buildings of service and charitable organizations; and uses and buildings of commercial nature, provided that no advertising matter other than identifying name or symbol shall be contained on signs of this type.
SIGN, FREESTANDINGA sign supported by uprights or braces placed upon the ground and not attached to a building.
SIGN, PROJECTINGA sign which is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.
A use permitted in a particular zoning district pursuant to the provisions of the MPC, Articles VI and IX.
[Added 12-7-2009 by Ord.
No. 2009-3]
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it,
or if there is no floor above it, then the space between any floor
and the ceiling next about it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor.
Includes street, avenue, boulevard, road, highway, freeway,
lane and any other dedicated and adopted public right-of-way used
or intended to be used by vehicular traffic or pedestrians.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
street upon which the lot abuts, at the midway of the frontage of
the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly known as the "right-of-way
line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any reasonably permanent pool designed or used for recreational
or competitive swimming, 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. Farm ponds, garden
ponds, decorative ponds and/or lakes are not included, provided that
swimming was not the primary purpose of their construction.
[Amended 10-6-2003 by Ord. No. 2003-3]
An establishment in which alcoholic beverages are served,
primarily by the drink, and where food or packaged liquors may also
be served or sold.
[Added 12-7-2009 by Ord.
No. 2009-3]
The specific purpose for which land or a structure is designed,
arranged, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
PRINCIPAL USEThe main or primary use of property or structures, measured in terms of net floor area or, where no net floor area exists, measured in terms of net land area.
A small building having a floor area not exceeding 120 square
feet and a height of not more than 10 feet, intended primarily for
the storage of yard and garden equipment, bicycles and miscellaneous
household items incidental to a residence.
The permission granted by the Zoning Hearing Board following
a public hearing that has been properly advertised as required by
the Municipalities Planning Code, as amended or revised,[2] for an adjustment to some regulation which if strictly
adhered to would result in an unnecessary hardship and where the permission
granted would not be contrary to the public interest and would maintain
the spirit and original intent of this chapter.
A prescribed open area on a lot, unobstructed from the ground upward except as modified in § 160-22 of this chapter.
