The word "abut" shall include the words "directly across from.
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
AGENT OF OWNER
Any person who can show written proof that he has authority
to act for the property owner.
ALLEY
A public thoroughfare which affords only a secondary means
of access to abutting property.
AUTOMOBILE OR TRAILER SALES AREA
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
AUTOMOBILE SERVICE STATION OR FILLING STATION
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail, and where the following
services may be rendered:
(1)
Minor Repair.
(a)
Sale and servicing of spark plugs and batteries.
(b)
Tire repair and servicing, but no recapping.
(c)
Replacement of mufflers and tail pipes, water hose, fan belts,
brake and transmission fluids, light bulbs, floor mats, seat covers
(where this shall not be the principal use), windshield wipers, grease
retainers and wheel bearings.
(d)
Radiator cleaning and flushing.
(e)
Washing and polishing, not including mechanical and/or automatic
car wash establishments.
(f)
Greasing and lubrication.
(g)
Installation of fuel pumps and fuel lines.
(h)
Minor servicing and replacement of carburetors.
(i)
Emergency wiring repairs.
(j)
Adjustment and installation of brakes.
(k)
Tuning engines, except for grinding valves, cleaning carbon,
or removing engine heads and crankcases.
(l)
Any similar minor service or repair not listed below under "major
repair."
(2)
Major Repair. In addition to those repairs and services listed
above as "minor repair," any general repair, rebuilding or reconditioning
not listed above, collision service including body, frame or fender
straightening or repair, painting or paint shop, mechanical car-wash
establishments, but not including any operations which require the
heating or burning of rubber.
BAKERY
Bakeries, which are permitted in the I-1 District only, include
such baking establishments which manufacture quantities of goods for
retail elsewhere than on the premises.
BASEMENT
A story whose floor is more than 12 inches, but not more
than half of its story height, below the average level of the adjoining
ground (as distinguished from a "cellar" which is a story more than
one-half below such level). No portion of any basement shall be used
as a dwelling unit.
BUILDING
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals, or property. When such a structure is divided into separate
parts by one or more unpierced walls extending from the ground up,
each part is deemed a separate building, except as regards minimum
side yard requirements.
BUILDING GROUP
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls, extending from the
ground up.
BUILDING HEIGHT
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, elevator penthouses, tanks, and similar projections.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
building site on which it is situated. In any residential district
any dwelling shall be deemed to be a principal building on the zone
lot on which the same is located.
COMMERCIAL VEHICLE
A commercial vehicle shall be any vehicle other than a private
passenger vehicle, including trucks, trailers, and construction equipment.
COMMUNICATIONS FACILITY
Communications antennas, buildings, structures and towers
associated with the communications industry including, without limitation,
any device used for transmission or reception of radio, television,
wireless telephone, pager, commercial mobile radio service or any
other wireless communications signals and any and all unmanned buildings
or cabinets containing equipment required for the operation of a communications
antenna. Wireless telecommunications towers are communications facilities.
[Added by Ord. 789, 5/18/2016]
COURT
A court is any open, unoccupied area which is bounded by
three or more attached building walls.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations. This
also includes the term subdivision as contained in the Borough subdivision
regulations.
DISTRICT
A district or a zone shall be any portion of the territory
of the Borough within which certain uniform regulations and requirements
or various combinations thereof apply under the provisions of this
Chapter.
DWELLING
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home and as otherwise provided herein.
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SINGLE-FAMILY ATTACHED DWELLING — A building designed
for and occupied exclusively as a residence for one family only and
having a party wall on each side in common with an adjacent building.
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SINGLE-FAMILY DETACHED DWELLING — A building designed
for and occupied exclusively as a residence for only one family and
having no party wall in common with an adjacent building.
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SINGLE-FAMILY SEMI-DETACHED DWELLING — A building designed
for and occupied exclusively as a residence for only one family and
having but one party wall in common with an adjacent building.
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TWO-FAMILY ATTACHED DWELLING — A building designed for
and occupied exclusively as a residence for two families with one
family living wholly or partly over the other and having a party wall
on each side in common with an adjacent building.
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TWO-FAMILY DETACHED DWELLING — A building designed for
and occupied exclusively as a residence for two families with one
family living wholly or partly over the other and having no party
wall in common with an adjacent building.
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TWO-FAMILY SEMI-DETACHED DWELLING — A building designed
for and occupied exclusively as a residence for two families with
one family living wholly or partly over the other and having but one
party wall in common with an adjacent building.
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DWELLING, MULTIFAMILY — A building designed for and occupied
exclusively as a residence for three or more families living independently
of one another.
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DWELLING STRUCTURE
Any structure which shall contain one or more rooms providing
sleeping and sanitary facilities, not including a hotel, hospital,
nursing home, dormitory, fraternity or sorority house, rooming house,
boarding house or similar structure.
DWELLING UNIT
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic light signals,
hydrants, and other similar equipment and accessories in connection
therewith; reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
for the public health or safety or general welfare, but not including
buildings.
FAMILY
An individual, or two or more persons living together as
a single housekeeping unit in a dwelling unit.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
(1) a relatively flat or low land area adjoining a river,
stream, or watercourse which is subject to partial or complete inundation;
(2) an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODWAY
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
Chapter the floodway shall be capable of accommodating a flood of
the one hundred year magnitude.
FLOOR AREA
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising,
or service type of uses, shall mean the gross floor area used or intended
to be used by tenants, or for service to the public or customers,
patrons, clients, or patients, including areas occupied by fixtures
and equipment used for display or sales of merchandise. It shall not
include areas used principally for non-public purposes such as storage,
incidental repair, processing or packaging of merchandise, for shop
windows, for offices incident to the management or maintenance of
stores or buildings, for toilet or rest rooms, for utilities or for
dressing rooms, fitting or alteration rooms.
GARAGE, PRIVATE PARKING
A detached accessory building or a portion of a principal
building used only for the storage of automobiles by the families
resident upon the premises; and provided that such garage shall not
be used for storage of more than one commercial vehicle and such commercial
vehicle shall not be larger than one ton rated capacity per family
resident upon the premises.
GARAGE, PUBLIC PARKING
A structure or portion thereof, other than a private garage,
used for the storage, sale, hire, care, repair or refinishing of automobiles;
not including a structure or part thereof used only for storage or
display of automobiles for other than transients.
HOTEL
A building with guest rooms designed for occupancy as the
temporary residence of individuals who are lodged with or without
meals and in which no provision is made for cooking in any individual
room or suite.
LIMITED ACCESS HIGHWAY
A highway designed in such a manner so as to provide no direct
access to properties abutting its right-of-way and including all highways
designated as limited access highways as adopted by the Planning Commission.
LOT OR ZONE LOT
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this Chapter, and having frontage on a public street.
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street lot lines is the "corner."
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LOT AREA — The computed area contained within the lot
lines.
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LOT, DEPTH — The mean horizontal distance between the
front and the rear lot lines.
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LOT LINES — The property lines bounding the lot.
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LOT LINE, FRONT — The line separating the lot from a street.
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LOT LINE, REAR — The lot line opposite and most distant
from the front lot line.
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LOT LINE, SIDE — Any lot line other than a front or rear
lot line. A side lot line separating a lot from a street is called
a side street lot line.
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LOT LINE, STREET OR ALLEY — A lot line separating the
lot from a street or alley.
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LOT WIDTH — The mean width of the lot measured at right
angles to its depth.
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MOTELS, MOTOR COURTS AND MOTOR MOTELS
A series of attached or semi-attached dwelling structures,
where each unit has convenient access to parking space for the use
of the unit's occupants. The units, with the exception of the
manager's office or caretaker's unit, are designed to provide
sleeping accommodations for automobile transients or overnight guests.
NONCONFORMING LOT
Any zone lot in single ownership, where the owner of said
lot does not own any adjoining property, the subdivision of which
could create one or more conforming lots, which does not conform with
the minimum area and/or dimensions required in the district where
such lot is situated or for any special use, as the case may be.
NONCONFORMING STRUCTURE
A sign or structure, the design or size of which does not
conform to the regulations of this Chapter for the district in which
it is located.
NONCONFORMING USE
A building, structure or premises, other than a dwelling,
legally existing and/or used at the time of adoption of this Chapter,
or any amendment thereto, and which does not conform with the use
regulations of the district in which located.
NURSING HOME
Any dwelling with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire, or a
home operated by a nonprofit group and operated as an institution.
OFFICE BUILDING
A building, comprised of more than 50% of offices, as compared
with "offices" and as compared with home occupations where offices
are considered as a secondary or incidental use.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year); for purposes of this Chapter, the
regulatory flood.
PARKING AREA, PRIVATE
An open area for the same uses as a private garage, and regulated
as a private garage.
PARKING AREA, PUBLIC
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
POWER -GENERATION FACILITY
A facility that generates electric power for the purpose
of transmission of such electricity to other users not located at
the site where the electricity is generated.
[Added by Ord. 789, 5/18/2016]
PROFESSIONAL OFFICE
The office of a member of a recognized profession. When conducted
in a Residential District, a professional office shall be incidental
to the residential occupation, shall be conducted by a member of the
residential family entirely within a residential building, and shall
include offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, planners, engineers,
lawyers, artists, authors, musicians, and such other similar professional
occupations which may be so designated by the Zoning Hearing Board
upon finding by the Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property right in any zone to a greater extent than for
the professional activities listed herein. The issuance of a commonwealth
or local license for regulations of any gainful occupation need not
be deemed indicative of professional standing.
RECREATION
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RECREATION, COMMERCIAL — Recreation facilities operated
as a business and open to the general public for a fee.
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RECREATION, PRIVATE, NONCOMMERCIAL — Clubs or recreation
facilities, operated by a nonprofit organization and open only to
bona fide members of such organization.
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RECREATION PUBLIC
Recreation facilities operated as a nonprofit enterprise
by any governmental entity or any nonprofit organization and open
to the general public.
REGULATORY FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinances
have been prepared; for purposes of this Chapter, the one-hundred-year
flood.
RESIDENTIAL STREET
A street, between two intersecting streets, upon which an
R District abuts, or where 50% or more of the abutting street frontage
is in predominantly residential use.
ROOMING HOUSE
A building containing a single dwelling unit and rooms for
the rooming and/or boarding of at least three persons, but not more
than 25 persons by pre-arrangement for definite periods of not less
than one week.
SEASONAL DWELLING
A seasonal dwelling shall be any detached dwelling designed
or used for occupancy primarily during the summer months by not more
than two families.
SIGN
A "sign" is a name, identification, description, display,
or illustration which is affixed to, or painted, or represented directly
or indirectly upon a building, structure, or piece of land and which
directs attention to an object, product, place, activity, person,
institution, organization, or business.
However, a "sign" shall not include any display of official
court, or public office, notices nor any official traffic control
devices, nor shall it include the flag, emblem or insignia of a nation,
state, county, municipality, school, or a religious group. A "sign"
shall not include a sign located completely within an enclosed building
except for illuminated or animated signs within show windows. Each
display surface of a sign shall be considered to be a "sign."
SIGN, BUSINESS
A "business sign" is a sign which directs attention to a
business or profession conducted or to a commodity, service, or entertainment
sold or offered upon the premises where such sign is located, or to
which it is affixed.
SIGN, FLASHING
A "flashing sign" is an illuminated sign on which the artificial
light is not maintained stationary or constant in intensity and color
at all times when such sign is in use. For the purpose of this Chapter
any revolving, illuminated sign shall be considered a "flashing sign."
SIGN, GROSS SURFACE AREA OF
The "gross surface area" of a sign shall be the entire area
within a single continuous perimeter enclosing the extreme limits
of such and in no case passing through or between any adjacent elements
of same. However, such perimeter shall not include any structural
or framing elements lying outside the limits of such sign and not
forming an integral part of the display.
SPECIAL USE
A "special use" is a use which because of its unique characteristics requires individual consideration in each case by the Zoning Hearing Board and/or the Planning Commission, as specified in Part
19; in accordance with the provisions of this Chapter, the Planning Commission may require certain conditions and safeguards before such a use is permitted.
[As amended by A.O.]
STORY
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 the floor and the ceiling
above it.
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STORY, FIRST — The lowest story or the ground story of
any building the floor of which is not more than 12 inches below the
average contact ground level at the exterior walls of the building.
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STORY, HALF — A partial story under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than four feet above the floor of such story; provided,
however, that any partial story shall not be used for residence purposes,
other than for a janitor or caretaker or his family.
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STREET
A public or private thoroughfare not less than 30 feet in
width if in existence prior to the passage of this Chapter nor less
than 50 feet in width if established subsequent to the passage of
this Chapter which affords the principal means of access to abutting
property, including avenue, place, way, drive, lane, boulevard, highway,
road and any other thoroughfare except an alley.
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SIDE STREET — Any street, the length of which shall be
not more than 50% of the length of the largest street line of the
[city] blocks of which it is a part.
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STRUCTURE
Any change in the structural members of a building, such
as walls, beams, columns, or girders.
VARIANCE
The Zoning Hearing Board authorized departure to a minor degree from the terms of this Chapter in direct regard to hardship peculiar to an individual lot in accordance with the procedures set forth in this Chapter, see §
27-1820.
WIRELESS TELECOMMUNICATIONS TOWER
A structure intended to support equipment, such as an antenna,
used to transmit and/or receive telecommunications signals including
monopoles, guyed and lattice construction steel structures.
[Added by Ord. 789, 5/18/2016]
YARD
An open space, as may be required by this Chapter, of uniform
width, or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
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YARD, FRONT — An open space extending the full width of
the lot between a building and the front lot line, unoccupied and
unobstructed from the ground upward except as specified elsewhere
in this Chapter.
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YARD, REAR — An open space extending the full width of
the lot, between a building and the rear lot line, unoccupied and
unobstructed from the ground upward except as specified elsewhere
in this Chapter.
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YARD, SIDE — An open space extending from the front yard
to the rear yard between a building and the nearest side lot line,
unoccupied and unobstructed from the ground upward except as specified
elsewhere in this Chapter.
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ZONING MAP
The Zoning Map or Maps of the County of Clinton, Pennsylvania,
together with all amendments subsequently adopted.
ZONING OFFICER
The person appointed by Council and charged with the administration
of this Chapter.