As used in this chapter, the following terms shall have the
meanings indicated in this section:
ABUTTING
Parcels shall be considered to be abutting when they touch
or their lot lines are directly across from easements, utilities,
parks, watercourses, water bodies, natural features, or private rights-of-way.
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of human activities and natural processes at a rate greater
than would occur because of the natural processes alone.
ACCESSORY BUILDING
A building detached from, supportive of, and subordinate
to the main building on the same lot and used for purposes customarily
incidental to the main building.
ACCESSORY STRUCTURE
A structure detached from a principal building but located
on the same lot. It serves a customarily incidental and subordinate
use to the use of the lot as a whole or the principal building on
the lot.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use or building.
AESTHETIC
The perception of artistic elements or elements in the natural
or created environment that are pleasing to the eye.
AGRICULTURAL OPERATIONS
The production, keeping, or maintenance for sale, lease,
or personal use of plants and animals useful to man. These activities
shall include, but are not limited to, forages and sod crops; grains
and seed crops; dairy animals and dairy products; poultry animals
and poultry products; livestock, including beef cattle, sheep, swine,
horses, ponies, mules, goats, or any mutations or hybrids thereof,
including the breeding and grazing of any and all such animals; bees
and apiary products; fur animals; trees and forest products; fruits
of all kinds, including nuts and berries; vegetables; nursery, floral,
ornamental and greenhouse products; or lands devoted to a soil conservation
or forestry management program; and establishments primarily engaged
in supplying soil preparation services, crop services, horticultural
services, veterinary and other animal services, and farm labor and
management services. It does not include landscaping services.
AIR RIGHTS
The right to use space above ground level. Such rights are
in the public domain above 200 feet above ground level.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A minor public or private thoroughfare other than a side
street, which affords only a secondary means of access to abutting
property and not for general traffic circulation.
AMENITY
A natural or created feature that enhances the aesthetic
quality, visual appeal, or makes more attractive or satisfying a particular
property, place, or area.
APPEAL
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter.
APPLICANT
An individual, including his or her heirs, successors and
assigns, making application according to the regulations contained
in this chapter, and whose signature appears on any application. The
applicant must be the property owner or authorized agent.
APPLICATION
A.
(Verb). The submitting of an application for permit or service
in a complete state.
B.
(Noun). The document which an applicant completes, along with
all supporting documents, exhibits, and plans required for development
review purposes.
BERM
A mound of earth, or the act of creating such a mound.
BLIGHTED AREA
An area characterize by deteriorating or abandoned buildings
and meeting the specific requirements of the Pennsylvania Urban Redevelopment
Law.
BLOCK
A tract of land, a lot, or a group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, and boundary lines
of the City, nonsubdivided land, other definite barriers, or by a
combination of the above.
BUFFER AREA
An open area made available to physically separate two land
uses. A buffer area exists laterally; it does not in and of itself
include screening, fences, landscaping, or other treatments which
exist on a vertical plane to provide additional separation between
uses.
BUILDING
Any structure having a roof supported by columns, walls,
arches, or other devices and intended for the shelter, housing, or
enclosure of persons, animals, vehicles, or chattels. This definition
includes covered porches, carports, and similar features.
BUILDING ENVELOPE
The three-dimensional space within which a structure is permitted
to be built on a lot. The extent of a building envelope is defined
by height and setback regulations.
BUILDING FOOTPRINT
The area of ground hidden by a building when the building
is viewed from directly above.
BUILDING HEIGHT
The vertical distance from finished grade to the top of the
highest roof beams on a flat or shed roof, the deck level on a mansard
roof, and the average distance between the eaves and the ridge level
for gable, hip, and gambrel roofs.
BUILDING LINE
A line parallel to the street line touching that part of
the building that is closest to the street.
BUILDING SETBACK LINE
The line within a property, parallel to and defining the
required minimum distance between the foremost part of any building
and the adjacent right-of-way or property boundary line.
BUILDING, COVERAGE
The total square feet of lot area that is covered by the
principal building and all accessory buildings, exclusive of uncovered
porches, terraces, and steps taken on a horizontal plane at the mean
grade level.
BUILDING, FRONTAGE
A side of a building that faces any street to which the lot
on which the building is located is adjacent.
BUILDING, PRINCIPAL
The building in which is conducted the principal use of the
lot on which it is located. Lots with multiple principal uses may
have multiple principal buildings, but storage buildings, garages,
and buildings housing other clearly accessory uses shall not be considered
principal buildings.
BUILT ENVIRONMENT
Artificially created fixed elements, such as buildings, structures,
devices, and surfaces, that together create the physical character
of an area.
BUS SHELTER
A small, roofed structure, usually having three walls, located
near or on a street and designed primarily for the protection and
convenience of bus passengers.
CALIPER
The diameter of a tree trunk.
CAMPGROUND
Any portion of land used for the purpose of providing a space
or spaces for trailers or tents for camping purposes, regardless of
whether a fee has been charged for the leasing, renting, or occupancy
of such space.
CAMPUS
The grounds and buildings of an institution, educational
facility, or business park.
CARTWAY
The portion of a street right-of-way, paved or unpaved, intended
for vehicular traffic.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated to cemetery purposes, including columbariums, crematories,
mausoleums, and mortuaries, when operated in conjunction with and
within the boundary of such cemetery.
CENTER LINE
The projected line running exactly halfway between and parallel
to the right-of-way lines of a street.
CESSION DEED
The conveyance to a local government body of private property
street rights.
CITY
Altoona, Pennsylvania.
COMMERCE PARK
A tract of land that has been planned, developed, and operated
as an integrated facility intended for a number of nonretail professional,
business, personal, and other service uses, with special measures
for traffic circulation, parking, utilities, and compatibility.
COMMERCIAL BUILDING
A building whose principal use is a commercial use. A building
with a store on the first floor and apartments on the upper floors
is a commercial building.
COMMON OPEN SPACE
A parcel or parcels of land, an area of land, an area of
water, or a combination of land and water within a development site
designed and intended for the use or enjoyment of residents of the
development, not including streets, off-street parking areas, and
areas set aside for public facilities.
COMMON OWNERSHIP
Ownership by one or more individuals in any form of ownership
of two or more contiguous lots.
COMPREHENSIVE PLAN
When capitalized, the Comprehensive Plan for Altoona, as
it may be amended from time to time. Otherwise, a plan plus any amendments
or any of its component parts for the development of a county or municipality,
providing the continuing orderly development of the municipality.
The plan includes such elements as a statement of community development
objectives, plans and policies for land use, housing, transportation,
community facilities and utilities, and strategies for plan implementation.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices, and other types of space in commercial
and industrial buildings or on real property.
CONDUCT BUSINESS
Any person who does any one or more of the following shall
be deemed to be conducting business:
A.
Operates a cash register, cash drawer or other depository on
the premises where cash funds or records of credit cards or credit
card transactions generated in any manner by the operation of the
establishment or the activities conducted therein are kept.
B.
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services offered on the premises.
C.
Delivers or provides to any customer any merchandise, goods,
entertainment or other services on or from the premises.
D.
Acts as a door attendant to regulate the entry of customers
or other persons into the premises.
E.
Supervises or manages other persons in the performance of any
of the foregoing activities on the premises.
COUNTY
Blair County, Pennsylvania.
COVERAGE
See "building, coverage" and "lot, coverage."
CROSSWALK
A right-of-way, municipally or privately owned, intended
to provide access for pedestrians.
CUL-DE-SAC
A street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations.
DEDICATION
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
DENSITY
The cumulative measure of the average number of items in
a specific space.
DEPARTMENT
Generally, the Altoona Planning and Community Development
Department; however, other City departments may be referred to in
this manner when the context is appropriate.
DESIGN CONTINUITY
A unifying or connecting theme or physical feature for a
particular setting or place.
DESIGN CRITERIA
A.
Engineering guidelines specifying construction details and materials.
B.
Objectives, results, or limits which must be met by a facility,
structure, or process in performance of its intended functions.
DESIGN FIT
Continuity in a scale, quality, or character between new
and existing development so as to avoid abrupt or severe differences.
DETERMINATION
Final action by an officer, body, or agency charged with
the administration of any land use ordinance or applications thereunder,
except City Council, the Zoning Hearing Board, and the Planning Commission.
DEVELOPER
The person, persons, or any corporation, partnership, association,
or other entity or any responsible person therein or agent therefor
that undertakes the activities associated with changes in the built
or human environment. The term "developer" is intended to include
but not necessarily be limited to the terms "subdivider," "owner,"
and "builder" even though the individuals involved in successive stages
of a project may vary.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of streets and other paving; any activity affecting
stormwater runoff characteristics; utilities; filling, grading and
excavation; mining; dredging; drilling operations; storage of equipment
or materials; and the subdivision of land.
DEVELOPMENT PLAN
The provision for development including a plat, 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 this chapter, shall mean the
written and graphic materials referred to in this definition.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development.
DRAINAGE AREA
A.
The area of a drainage basin or watershed, expressed in acres,
square miles, or other unit of area. Also called "catchment area,"
"watershed," "river basin."
B.
The area served by a sewer system receiving stormwater and surface
water or by a watercourse.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of carrying, diverting,
or controlling surface water or groundwater.
DRIVEWAY
A private vehicular passageway providing access between a
street and a private parking area or private garage.
DWELLING or DWELLING UNIT
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A.
ATTACHEDA one-family dwelling physically attached to two or more one-family dwellings by common vertical walls.
B.
DETACHEDA dwelling that is not physically attached to any other dwelling by any means.
D.
DUPLEXA residential structure divided into two dwelling units.
E.
ROW HOUSE or TOWNHOUSEA single-family dwelling unit in a row of at least three such units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire walls.
F.
MULTIFAMILYA building containing three or more dwelling units.
(1)
APARTMENTOne or more rooms with a private bath and kitchen facilities, comprising an independent, self-contained dwelling unit.
(2)
EFFICIENCYA dwelling unit consisting of not more than one habitable room, together with kitchen facilities and sanitary facilities.
(6)
UPPER FLOORDwellings which exist entirely above ground level, with the exception of necessary entrances.
G.
CONVERSION APARTMENTTwo or more dwelling units installed into a structure which was originally built as a single-family detached dwelling.
EARTHMOVING ACTIVITY
A construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision, development, mineral extraction, and
the moving, depositing, or storing of soil, rock or earth.
EASEMENT
The grant of one or more property rights by the property
owner to and/or for use by the public, a corporation, an entity, or
a person or persons.
ELEVATION
An elevation measured from a datum plane. For the purpose
of this chapter, all elevations are referenced to the National Geodetic
Vertical Datum of 1929 (NGVD) based on mean sea level.
ELEVATION PLAN OR VIEW
A plan view of a building drawn as it would appear if the
viewer were looking at the building across a horizontal plane standing
at ground level.
EMINENT DOMAIN
The authority to acquire or take, or to authorize the taking
of, private property for public use or public purpose.
ENCROACHMENT
Any structure or activity which in any manner changes, expands
or diminishes the course, current or cross section of any watercourse,
floodway or body of water, or intrudes within established regulatory
or ownership boundaries.
EROSION
Wearing away of the lands by running water, glaciers, winds
and waves.
EROSION AND SEDIMENTATION CONTROL PLAN
A plan for a project site which identifies best management
practices to minimize accelerated erosion and sedimentation resulting
from the removal of the surface of the land through the combined action
of man's activities and natural processes.
EROSION CONTROL
The application of measures to reduce erosion of land surfaces.
EXCAVATION
Any act by which earth, sand, gravel, rock, or any other
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or bulldozed. It shall include the conditions resulting
therefrom.
FACADE
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
FENCE
An artificially constructed barrier of any material, including
vegetation, or combination of materials erected to enclose, screen,
or separate areas. Screening, vegetative or otherwise, required by
this chapter shall not constitute a fence.
FINANCIAL SECURITY
Any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit and restrictive or escrow account's from federal- or commonwealth-chartered lending institutions, in an amount and form satisfactory to the Planning Administrator and to be used wherever required by these regulations. (See Ch.
535, Part
9.)
FRONTAGE
The linear distance which a property line runs coincident
with a street right-of-way line. Frontage may be measured from any
abutting street, but all required frontage must be measured from the
same street. The street from which frontage is gained need not be
the street to which the structure(s) on the lot are faced. Frontage
cannot be pained from alleys, driveways, or elevated or buried roadways.
FRONTAGE ROAD
Minor collector streets parallel and adjacent to arterial
streets, providing access to abutting properties and control of intersections
with an arterial street.
GENERAL PUBLIC
Any and all individuals, without any prior qualifications.
GRADE
The slope of ground, street, or other public way, specified
in percentage of change in elevation per horizontal distance; the
act of altering the topography of undisturbed land.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
HEARING
An administrative proceeding conducted by a board.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HUMAN SCALE
The proportional relationship of a particular building, structure,
or streetscape element to the human form and function.
IMPACT FEE
A fee imposed on a development to finance the cost of improvements
to services and infrastructure necessary to accommodate the development
and its effects.
IMPERVIOUS
Not allowing or allowing only with great difficulty the movement
of water; impermeable.
IMPROVEMENTS
Any physical addition or installation or construction required
by the City to render land suitable for the use intended and including,
but not limited to, streets, curbs and gutters, sidewalks, street
signs and lights, walkways, sewer and water facilities, monuments
and markers, grading, and stormwater drainage facilities.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving any activity enumerated in §
640-44 or as otherwise defined in the Municipalities Planning Code.
LAND DISTURBANCE
Any activity involving the changing, grading, transportation,
fill and any other activity which causes land to be exposed to the
danger of erosion.
LAND SURVEYING
The location, relocation, establishment, reestablishment
or retracement of any property line or boundary of any parcel of land
or any lot right-of-way, easement, or alignment. This process shall
include the principles of land surveying; determination of the position
of any monument or reference point that marks a property line, boundary,
or corner; setting, resetting, or replacing any such monument or individual
point, including the writing of deed descriptions. This process shall
also include the determination of elevations and topographic surveys.
Land surveying shall be practiced by a surveyor or engineer registered
under the laws of the Commonwealth of Pennsylvania to engage in the
practice of land surveying.
LANDLOCKED
Any lot or parcel without any access to the public roadway
system.
LANDOWNER
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 or
she is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LANDSCAPE
A.
An expanse of natural scenery.
B.
Lawns, trees, plants, rocks, wood chips, and decorative features
such as sculptures, patterned walks, fountains, and pools.
LOADING BERTH(S)
A space utilized for the loading or unloading of cargo, products,
or materials from vehicles.
LOT
A parcel of land occupied by, or which may be occupied by,
a building and/or an accessory building, and including the yards and
other open spaces required by this chapter for the land, shown by
deed as a separate lot or parcel. Land called out as separate parcels
on the same deed shall be considered separate lots.
LOT AREA
The total area within the lot lines.
LOT AVERAGING
A design technique permitting one or more lots in a subdivision
to be undersized, providing the same number of lots in the same subdivision
are oversized by an equal or greater area. The desired effect is to
have the average size of all the lots in the subdivision meet or exceed
the minimum lot dimensions for the zone in which it is located.
LOT COVERAGE
That percentage of the parcel or lot area that is covered
by the buildings, pools, and roofed accessory structures.
LOT LINE
A line of record bounding a lot that divides it from an adjacent
property, street, right-of-way, or public space.
LOT OF RECORD
A lot that exists as shown or described on a plat, subdivision
or deed in the records of the local Recorder of Deeds.
LOT WIDTH
The distance between side lot lines as measured at the setback
line.
LOT, CONFORMING
An occupied or unoccupied lot whose area and dimensions meet
the requirements of the zoning district in which it is located.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets or private roads, or at the point of abrupt change of a single
street or private road, where the interior angle is less than 135°.
LOT, DEPTH
The distance between the front lot line and rear lot lines,
measured perpendicularly to the right-of-way line at the center point
between the two side lot lines.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial
and a minor street, with vehicular access solely from the latter.
LOT, THROUGH
A lot that fronts on two streets that do not intersect at
the boundaries of the lot.
LOWER-FLOOR COMMERCIAL
A facility, usually in a residential zone, where the primary
residential use is located above the ground floor, leaving the lower
floor(s) for commercial use. This commercial use is subordinate to
the residential use of the property, and usually, though not always,
serves the residents above.
MARKER
A concrete, wood or metal stake placed to designate the boundary
and corners of lots in the subdivision of land for the purpose of
reference in land and property survey and to facilitate the sale of
lots.
MIXED-USE DEVELOPMENT
The development of a tract of land, building, or structure
with a variety of complementary and integrated uses in a compact urban
form.
MOBILE HOME
A transportable, residential structure intended for permanent
occupancy, contained in one unit or in two or more 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 without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
MOBILE HOME PARK
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. Also, a site containing
spaces with required improvements and utilities that are leased for
the long-term placement of mobile homes and that might include services
and facilities for the residents.
MONUMENT
Stone or concrete monument of known coordinates, established
by professional land surveyors, and utilized to locate property lines.
NEIGHBORHOOD
An area of a community with characteristics that distinguish
it from other areas of that community, and which may include distinct
ethnic or economic characteristics, housing types, schools, or boundaries
defined by physical barriers (e.g., major highways, railroads, and
natural features such as rivers).
NONCONFORMING BUILDING
A structure or building, the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
of this chapter, but that fails by reason of such adoption, revision,
or amendment to conform to the present requirements.
NONCONFORMING LOT
A lot, the area, dimensions, or location of which was lawful
prior to the adoption, revision, or amendment of this chapter, but
that fails by reason of such adoption, revision, or amendment to conform
to the present requirements.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, but that fails by reason of
such adoption, revision, or amendment to conform to the present requirements.
OFF-SITE PARKING
Parking provided for a specific use but located on a parcel
other than the one on which the specific use is located.
ON-SITE STORMWATER MANAGEMENT
The control of runoff to allow water falling on a given site
to be absorbed or retained on site to the extent that, after development,
the peak rate of discharge leaving the site is not significantly different
than if the site had remained undeveloped.
OPEN SPACE
That space open from the ground to the sky of which 80% must
be vegetative material.
OPEN SPACE RATIO
Total area of open space divided by the total site area in
which the open space is located.
OUTDOOR STORAGE
The keeping of any goods, junk, material, merchandise, or
vehicles in the same area for more than 24 hours.
PARKING AREA
Any public or private area, under or outside of a building
or structure, designed and used for parking motor vehicles. This term
includes parking lots, garages, private driveways, and legally designated
areas of public streets.
PARKING AREA, PRIVATE
A parking area for the exclusive use of the owners, tenants,
lessees, customers, employees, or occupants of either the lot on which
the parking area is located or the business situated on that lot.
PARKING LOT
Any place, lot, parcel, or yard used in whole or in part
for storing or parking six or more motor vehicles, where a storage
or parking fee is charged or where the lot is operated in connection
with or for the use of the customers of a retail store, theater, or
any commercial, industrial, or institutional use.
PARKING SPACE
A space for the parking of one motor vehicle within a public
or private parking area or on a dedicated street.
PERMIT
Written governmental permission issued by an authorized official,
empowering the holder thereof to do some act not forbidden by law
but not allowed without such an authorization.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license has been issued.
This person is also the individual listed as an applicant on the application
for a permit and/or license.
PERSON
An individual, partnership, sole proprietorship, public or
private association or corporation, firm, trust, company, corporation,
estate, municipality, government unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
PLAN, FINAL
A complete and exact development plan prepared for official
recording as required by statute; a final plat.
PLAN, SKETCH
An informal optional submission preparatory to the preliminary
plan, showing the general intent of the applicant.
PLAT
A map, plan, or layout showing the subdivision of land and
indicating the location and boundaries of individual properties.
PLAYGROUND
An active recreational area with a variety of facilities,
including equipment for younger children, court games, and field games.
PLAZA
A new development or existing single structure designed to
be occupied by multiple retail businesses or business offices primarily
through floor space rental or lease agreements. A group of retail
establishments planned, constructed, and managed as a total entity
with customer and employee parking provided on site, provision of
goods' delivery separated from customer access, and protection from
the elements via a canopy or other enclosure.
PRIVATE ROAD
A legally established right-of-way, other than a street,
which provides the primary vehicular access to a lot or lots, and
is privately maintained.
PROPERTY
A lot, parcel, or tract of land, as well as the building
and structures located thereon.
PROPERTY LINE CHANGE
A change in lot lines between two adjacent lots of record
which does not involve the creation of a third new lot nor the elimination
of one of the lots.
PROPERTY MERGER
The elimination of a property line between two lots to create
one lot from the original two. Such action requires approval under
this chapter.
PUBLIC GROUNDS
A.
Parks, playgrounds, trails, paths, and other recreational areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal, and other
publicly owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the appropriate
agency, intended to inform and obtain public comment, prior to taking
action on a matter before the agency.
PUBLIC IMPROVEMENTS
Permanent and temporary access roadways and appurtenances,
rights-of-way, erosion and sedimentation control facilities, storm
water management facilities, public sanitary sewerage system, lighting,
parking, and any other facility intended to be used by and/or for
the benefit of the public.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
QUIT CLAIM
A legal document conveying interest, not property, between
parties.
RESERVE STRIP
A parcel of ground separating a street from other adjacent
properties or from another street, which shall prevent a street from
being connected or extended across property lines.
RETENTION POND
A basin, usually enclosed by artificial dikes, that is used
to retard stormwater runoff by temporarily storing the runoff and
releasing it at a predetermined rate. Retention ponds remain wet once
the runoff has been discharged.
RIGHT-OF-WAY
A.
A strip of land that is acquired by reservation, dedication,
forced dedication, prescription, or condemnation, and is intended
to be occupied by a road, crosswalk, railroad, electric transmission
line, oil pipeline, gas pipeline, waterline, sanitary sewer line,
storm sewer line, and/or other similar use:
B.
Generally, the right of one to pass over the property of another.
SCREENING
A vegetative material, landscaping, or opaque fencing of
sufficient height and density to filter adequately from the adjacent
properties light, noise, odors, and the views of the structures and
uses on the premises upon which the landscaping, vegetative material,
or fence is located.
SEDIMENT
Mineral or organic solid material that is being transported
or has been moved from its site of origin by air, water or ice and
has come to rest.
SEDIMENT BASIN
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
SEPTIC TANK
A watertight receptacle which receives sewage or industrial
wastes and is designed and constructed to provide for sludge storage,
sludge decomposition, separating solids from liquids through a period
of detention before allowing the liquid to be discharged.
SETBACK
The distance that must be maintained between all parts (except
for walks and steps) of all buildings (except permitted accessory
uses as stipulated) and a specified lot line or publicly held right-of-way.
SETBACK LINE
The line within a property defining the required minimum
or maximum distance between any building to be erected and the adjacent
property line.
SHADE TREE
A tree in a public place, street, special easement, or right-of-way
adjoining a street, as provided in these regulations.
SIGHT DISTANCE
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic. Sight distance measurements shall be made
from a point 10 feet from the edge of a cartway, 3 1/2 feet high,
to a point 3 1/2 feet above the road surface.
SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at a distance of 50 feet from the
intersection of the street center lines.
SIGN
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images. Signs are considered accessory
structures or uses on a lot.
STABILIZATION
Natural or mechanical treatment of a mass of soil or ground
area to increase or maintain its stability and ensure its resistance
to erosion, sliding, or other movement.
STREET
A right-of-way, including cartway, sidewalk space, and planting
space, if any, which affords the principal means of access to abutting
property. A street may be designated as a highway, thoroughfare, parkway,
boulevard, road, avenue, lane, drive, place, or other appropriate
name. Types of streets are:
A.
EXPRESSWAYThose highways whose primary function is to move traffic with little or no land service and to accommodate large volumes of relatively high-speed traffic. Usually, a high degree of access control is provided with few, if any, intersections at grade.
B.
ARTERIAL STREETSThose streets whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on a collector and minor street.
C.
COLLECTOR STREETSThose streets which, in addition to providing access to abutting properties, collect traffic from minor streets and provide routes to community facilities and the arterial street system.
D.
FEEDER STREETA class of street which primarily provides access to abutting properties and secondarily collects traffic and directs it into collector and arterial class streets.
E.
LOCAL STREETSThose streets used primarily to provide access to abutting properties, including but not limited to cul-de-sac and marginal access streets.
F.
FRONTAGE ROADMinor streets parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with arterial street.
G.
ALLEYA minor public or private thoroughfare other than a side street, which affords only a secondary means of access to abutting property and not for general traffic circulation.
STREET, IMPROVED
A strip of land in a dedicated right-of-way or formal easement which contains such improvements so as to provide proper access to and from abutting properties as well as any other properties which require its use for access. Generally, a street is considered improved if it is public or if it has been constructed to the standards set forth by the Planning Administrator under the procedure in Article
V, Determination of Adequate Access to Land.
STREET, PRIVATE
Those streets not officially dedicated and/or accepted by
the City.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not directly affixed to the land.
SUBDIVISION
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.
SURVEYOR
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of land surveying.
A surveyor shall not perform engineering as defined by this chapter,
unless the surveyor is also a registered engineer.
TEMPORARY OCCUPANCY
Occupancy of a campground or organized camp for no more than
six months in any consecutive twelve-month period.
TEMPORARY USE
A use of a limited duration that is to be discontinued after
the expiration of a time period.
TENT
A portable lodging unit usually made of skins, canvas, plastic,
or strong cloth stretched and usually sustained by poles, and dependent
upon separate toilet and lavatory facilities.
TOPOGRAPHIC MAP
A map showing the elevations of the ground by contours or
elevations, including all existing topographic features such as streams,
roads, streets, existing facilities, and improvements, as specified
herein.
TOPSOIL
Surface soil and subsurface soil which presumably is fertile
soil and ordinarily rich in organic matter or humus debris.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
A.
The sale, lease or sublease of the property or business:
B.
The transfer of securities which constitute a controlling interest
in the property or business, whether by sale, exchange or similar
means; or
C.
The establishment of a trust, gift or other similar legal device
which transfers ownership or control of the property or business,
except for transfer by bequest or other operation of law upon the
death of the person possessing the ownership or control.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
UTILITY
Any agency that provides the public with electricity, gas,
heat, water, sewer, communications, and transportation. Includes public
utilities, though not all services included within this definition
are public utilities.
WAIVER
When the subdivider or developer can show that a provision
of this chapter would cause unnecessary hardship if strictly adhered
to because of conditions peculiar to the site and where, in the opinion
of the City, a departure from this chapter may be made without destroying
the intent of such provisions, the City may authorize a waiver. A
modification to the minimum standards of this chapter. (See modifications.)
WALL
The vertical exterior surface of a building. Also, the vertical
interior surfaces that divide the space within a building into rooms.
WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITY
A system for supplying and distributing water from a common
source to two or more dwellings and other buildings within a subdivision,
neighborhood, or whole community, the total system being publicly
or privately owned.
WETLAND
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, ferns, and similar areas.
WINDOW
An opening in an exterior wall, other than a door, which
provides all or part of the required natural light, natural ventilation,
or both, to an interior space.
YARD
An open space that lies between the principal building or
buildings and the nearest lot line.
YARD, FRONT
The area between the front lot line and the principal building(s).
YARD, REAR
The area between the rear lot line and the principal building(s).
YARD, SIDE
The area between a lot line which is not coincident with
any right-of-way line and the principal building(s).
ZERO LOT LINE
The location of a building on a lot in such a manner that
one or more of its walls rest directly on a lot line.