A.
This chapter is adopted by the virtue of the authority contained
in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L.
805, No. 247 (53 P.S. § 10101 et seq.). The zoning regulations
and zones set forth in this chapter are made in accordance with the
Comprehensive Plan for the City of Altoona for the general welfare
of the municipality and are intended to achieve, among others, the
following purpose.
B.
Regulating both existing and proposed land uses, thereby:
(1)
Encouraging the most appropriate use of land;
(2)
Preventing the overcrowding of land;
(3)
Stabilizing and conserving the value of land and buildings;
(4)
Facilitating development of good quality;
(5)
Spurring reinvestment in the existing building stock;
(6)
Lessening the congestion of traffic on the roads;
(7)
Avoiding undue congestion of population;
(8)
Providing for adequate light and air;
(9)
Securing safety from fire, flood, and other dangers;
(10)
Facilitating the adequate provision for transportation, water
supply, sewage disposal, drainage, schools, parks, and other public
facilities;
(11)
Giving reasonable consideration, among other things, to the
character of zones and their peculiar suitability for particular uses;
(12)
Maintain and strengthen the City's neighborhoods;
(13)
Ensure predictability and consistency in the land development
process for neighborhood, business and development interests;
(14)
Giving effect to the policies and proposals of the Comprehensive
Plan, as amended and as approved by the Altoona City Planning Commission
and adopted by the Council of the City of Altoona; and
(15)
Fostering housing choice and affirmatively furthering fair housing.
This will be done by abiding by the provisions of the Fair Housing
Act of 1968 (as amended), promoting fair housing choice for all residents
in the City of Altoona, assuring the rights of all individuals that
are identified as members of a protected class by the Federal Government,
and prevention of discrimination in housing based on a person's race,
color, national origin, religion, sex, familial status or handicap.
[Added 7-12-2017 by Ord.
No. 5706]
C.
In interpreting and applying the provisions of this chapter, they
shall be held to be the minimum requirements for the promotion of
the health, safety, morals, and general welfare.
This chapter implements, with general consistency, the community
goals and objectives as described in the City Comprehensive Plan,
as amended.
All definitions used in this chapter shall be interpreted using
the hierarchy of definitions and general rules as hereinafter set
forth.
In determining the meaning of a word in this chapter, the hierarchy
below shall apply. The reader should use the definition appearing
in the highest priority document, unless the context of the language
clearly indicates otherwise.
A.
The definitions shown for a specific article shall have first priority.
B.
The definitions shown for a specific part shall have second priority.
C.
The definitions listed below shall have third priority.
D.
The definitions listed in the Municipalities Planning Code shall
have fourth priority.
E.
The definitions listed in the particular code being referenced shall
have fifth priority.
F.
Definitions not listed in any document above shall be based on common
American English vernacular and have last priority.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated.
A.
Words used in the present tense include words in the future tense.
B.
The singular number includes the plural.
C.
Masculine gender includes the feminine gender, and vice versa.
D.
The word "include" and its various grammatical forms shall not limit
the term to the specific listing or example given but is intended
to extend its meaning to all other instances of like kind and character.
E.
The words "shall," "will" and "must" are mandatory.
F.
The words "may," "could" and "should" are permissive.
G.
The words "used" and "occupied" include the concepts of "intended,"
"designed," "maintained" or "arranged" to be used or occupied.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
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.
The ease of access into and around the interior of a building
or facility without obstruction to a person who may be physically
disabled.
[Added 7-12-2017 by Ord.
No. 5706]
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.
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.
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use or building.
See "abutting."
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically operated, electrically
or mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas. (See also "adult motion-picture theater.")
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
which features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas. (See
also "adult theater.")
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and has a sign visible
from a public right-of-way which advertises the availability of this
adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are shown which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas. (See also "adult arcade.")
A theater, concert hall, auditorium, or similar commercial
establishment which features persons who appear in a state of nudity
or live performances which are characterized by the exposure of specified
anatomical areas or specified sexual activities. (See also "adult
cabaret.")
The perception of artistic elements or elements in the natural
or created environment that are pleasing to the eye.
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.
The right to use space above ground level. Such rights are
in the public domain above 200 feet above ground level.
The traveled way by which cars enter and depart parking spaces.
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.[1]
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
A natural or created feature that enhances the aesthetic
quality, visual appeal, or makes more attractive or satisfying a particular
property, place, or area.
A method of eliminating nonconforming uses by requiring the
termination of the nonconforming use after a specified period of time.
A building used for the treatment of small domestic animals
such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter.
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.
Altoona City Council or its designee.
The agency, board, group, or other legally designated individual
or agency that has been charged with the review and approval of applications.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of architecture.
A political or corporate body created pursuant to the former
act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality
Authorities Act of 1945."[2]
Staff member assigned to represent the City of Altoona.
The use of any building, land area, or other premises for
the construction, reconstruction, refurbishing, rehabilitating, or
dismantling of automobiles.
An establishment for the custody, loan, exchange, or issue
of money, for the extension of credit, and for facilitating the transmission
of funds.
A cellar which had been improved for dwelling space above
and beyond the customary storage, laundry, heating, and utility functions
of a basic cellar.
An establishment providing overnight lodging and morning
meals for paying guests. The service is offered in a residential setting
containing the standard rooms of a single-family dwelling.
A private room planned and intended for sleeping, separated
from other rooms by a door, and accessible to a bathroom without crossing
another bedroom.
A mound of earth, or the act of creating such a mound.
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.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications. In this chapter,
this term usually, but not always, refers to the Zoning Hearing Board.
A building where, for compensation, lodging on a temporary
basis and meals are provided for at least four but not more than 16
independent individuals. The primary function of the boardinghouse
is to provide room and board. Residents are not involved in the day-to-day
maintenance or operation of the boardinghouse and are not under the
supervision or care of staff. Residents do not receive habilitative
or rehabilitative services at a boardinghouse. Relationships between
residents are incidental as opposed to an essential part of living
together in a group home or halfway house. Residents do not constitute
an interdependent group that emulates a family. Tenancy is on a weekly
or longer basis as distinguished from transient housing such as a
hotel or motel.
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.
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.
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.
The area of ground hidden by a building when the building
is viewed from directly above.
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.
A line parallel to the street line touching that part of
the building that is closest to the street.
The height, width and depth of a structure.
The relationship of a particular building, in terms of building
mass, to other nearby and adjacent buildings.
The visual impact of a building and the relationship of the
building to its surroundings as seen from any given point. Perceived
building scale is usually considered from the street perspective but
can be taken from any point.
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.
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.
A building surrounded by open space on the same lot.
A side of a building that faces any street to which the lot
on which the building is located is adjacent.
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.
Artificially created fixed elements, such as buildings, structures,
devices, and surfaces, that together create the physical character
of an area.
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.
The diameter of a tree trunk.
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.
Any site intended to be used for temporary and/or seasonal
use for camping, inclusive of the area required to sustain a tent,
camper, motor home, or other temporary camping facility.
The grounds and buildings of an institution, educational
facility, or business park.
A structure with at least three sides open used for storage
of one or more vehicles.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular traffic.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground.
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.
The projected line running exactly halfway between and parallel
to the right-of-way lines of a street.
Any business or activity modification that involves changing
the classification of a land use under the Standard Industrial Classification
Manual from one three-digit group to another three-digit group. Changes
of occupancy or changes of ownership shall not be construed as change
of use.
A perceptible natural or artificial waterway which periodically
or continuously contains moving water or which forms a connecting
link between two bodies of water. It has a definite bed and banks
which confine the water.
Any premises other than the child's own home operated for
profit or not for profit, in which child day care is provided at any
one time to six or more children who are not relatives of the caregiver.
These uses are considered retail services but also qualify as major-impact
home-based businesses.
A commercial establishment which, as one of its principal
business purposes, serves and/or sells to children and their families
food, apparels, goods, services, play and/or entertainment.
A structure containing one or more flues for drawing off
emissions from stationary sources of combustion.
An underground reservoir or tank for storing rainwater.
Altoona, Pennsylvania.
The governing body of the City of Altoona.
An establishment providing therapeutic, preventative, corrective,
healing and health-building treatment services on an outpatient basis
by physicians, dentists and other practitioners. Typical uses include
medical and dental offices and hospitals and outpatient medical laboratories.
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.
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.
Any sign, wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
The Altoona City Planning Commission.
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.
Ownership by one or more individuals in any form of ownership
of two or more contiguous lots.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and direction or panel antennas owned
or operated by any person or entity licensed by the Federal Communications
Commission (FCC) to operate such device. This definition shall not
include private residence mounted satellite dishes or television antennas
or amateur radio equipment, including without limitation ham or citizen
band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
An application submitted with all required, relevant and
pertinent information necessary for the approving body to render an
informed decision.
A process of manufacturing involving forming a complete product
through parts assembly.
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.
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.
Any person who does any one or more of the following shall
be deemed to be conducting business:
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.
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services offered on the premises.
Delivers or provides to any customer any merchandise, goods,
entertainment or other services on or from the premises.
Acts as a door attendant to regulate the entry of customers
or other persons into the premises.
Supervises or manages other persons in the performance of any
of the foregoing activities on the premises.
Any enclosed device used for the transportation or storage
of materials, whether on a temporary or permanent basis, or used for
temporary human habitation.
A health services establishment whose purpose is to assist
patients to recover health and strength gradually after sickness or
weakness.
A multifamily dwelling constructed by converting an existing
structure into apartments for more than one family.
A structure with individual dwelling units which are only
available for rent or for hire for temporary occupancy by a verified
business entity's officers, employees, consultants, vendors, or contractors.
Each corporate housing dwelling unit lease shall require and include
written, verified acknowledgment of employment/contract and tenancy
from the business entity by whom the tenant is employed or contracted.
[Added 8-8-2022 by Ord. No. 5790]
Blair County, Pennsylvania.
The Blair County Planning Commission.
See "building, coverage" and "lot, coverage."
A right-of way, municipally or privately owned, intended
to provide access for pedestrians.
The use of land or buildings for activities related to religion,
arts, government, public assembly, nonformal education, and similar
activity. Includes facilities that document the social and religious
structures and intellectual and artistic manifestations that characterize
society, such as museums, zoos, and gardens.
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.
The cumulative measure of the average number of items in
a specific space.
A unifying or connecting theme or physical feature for a
particular setting or place.
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.
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.
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.
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.
A physical or mental impairment which substantially limits
one or more of a person's major life activities, impairs his or her
ability to live independently, or a record of having such an impairment
or being regarded as having such an impairment.
A building where, for compensation, rooms are provided for
four or more individuals, and in which no meals are furnished.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit containing cooking and sanitary facilities and a bathroom (as defined in Chapter 550 of the Code).
[Amended 2-13-2019 by Ord. No. 5741]
ATTACHEDA one-family dwelling physically attached to two or more one-family dwellings by common vertical walls.
DETACHEDA dwelling that is not physically attached to any other dwelling by any means.
TWIN OR SEMIDETACHED HOUSEA residential structure occupied by two dwelling units with a common wall, with each unit on a separate lot.
DUPLEXA residential structure divided into two dwelling units.
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.
MULTIFAMILYA building containing three or more dwelling units.
APARTMENTOne or more rooms with a private bath and kitchen facilities, comprising an independent, self-contained dwelling unit.
EFFICIENCYA dwelling unit consisting of not more than one habitable room, together with kitchen facilities and sanitary facilities.
GARDEN APARTMENTOne or more multifamily structures not exceeding three stories.
HIGH-RISE APARTMENTAn apartment house exceeding eight stories in height.
LOW-RISE APARTMENTAn apartment house up to eight stories in height.
UPPER FLOORDwellings which exist entirely above ground level, with the exception of necessary entrances.
CONVERSION APARTMENTTwo or more dwelling units installed into a structure which was originally built as a single-family detached dwelling.
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.
Retail establishments selling food or drink for consumption
on the premises, including lunch counters and refreshment stands selling
prepared foods and drinks for on-site consumption by patrons.
Electric public utilities transmission and/or distribution
facilities including substations.
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.
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.
The authority to acquire or take, or to authorize the taking
of, private property for public use or public purpose.
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.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of engineering.
An engineer shall not practice land surveying as defined and set forth
in this chapter, unless the engineer is also a registered surveyor.
An increase of the size of an existing structure or use,
including physical size of the property, building, parking, and other
improvements.
Any act or performance, such as a play, skit, reading, revue,
pantomime, scene, song, dance, musical rendition or striptease, whether
performed by employees, agents, contractors or customers. The term
"entertainment" shall also mean bartenders, waiters, waitresses or
other employees exposing specified anatomical areas or engaging in
specified sexual activities in the presence of customers.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
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.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
An individual or two or more persons related by blood, marriage
or adoption living together in a dwelling unit; or a group of not
more than three individuals not necessarily related by blood, marriage,
adoption, or guardianship living together in a dwelling unit as a
single housekeeping unit under a common housekeeping management plan
based on an intentionally structured relationship, but not including
a living arrangement otherwise defined in this chapter as a "student
home." A group of not more than four unrelated disabled people living
together as a single housekeeping unit in a dwelling unit and sharing
common facilities as considered reasonably appropriate for a family
related by blood, marriage, adoption or guardianship. If appropriate,
one staff person may reside on the premises and will not be included
in the total number of occupants. Any additional staff shall be included
in the total number of occupants.
[Amended 8-14-2019 by Ord. No. 5748]
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.
Any fence, as defined above, which, when viewed at an angle
perpendicular to the face of the fence, contains equal areas of opacity
and transparency. Greater than 50% open would mean more transparency
than opacity; less than 50% open would mean more opacity than transparency.
Sand, gravel, earth or other material placed or deposited
so as to form an embankment or raise the elevation of the land surface.
The term includes material used to replace an area with aquatic life
with dry land or to change the bottom elevation of a surface water
area.[3]
Any land susceptible to being inundated by water from any
source during the base flood, as shown on the most current floodplain
maps prepared by the Federal Insurance Administration and approved
by the Federal Emergency Management Agency (FEMA) for the purpose
of determining the official federal designated floodplain, floodway
and floodway fringe. These maps are based on the most current Flood
Insurance Study prepared by the Federal Emergency Management Agency;
the study being the definitive source of floodplain information, particularly
in regards to base flood elevations and floodway widths as reflected
in the Floodplain Regulations of the City of Altoona and indicated
on the Flood Boundary and Floodway Maps.
The gross floor area of all buildings on a lot divided by
the total lot area. For example, when a floor area ratio of 0.4 is
specified, the floor area of a building constructed on a lot of 10,000
square feet is limited to a maximum of 4,000 square feet. The number
of stories being optional, the building area may be 4,000 square feet
for one story, 2,000 square feet for two stories, and so forth.
The sum of the gross horizontal areas of the several floors
of a building and any accessory buildings on the same lot, excluding
cellar and basement floor area not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between interior faces of exterior walls.
All activities connected with growing and harvesting of forest
products, including the site preparation, cultivation and logging
of trees, and the construction and maintenance of roads.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land developments.
A building containing sleeping rooms, bathrooms, common rooms,
and a central kitchen and dining room maintained exclusively for fraternity
members and their guests or visitors and affiliated with an institution
of higher learning.
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 gained from alleys, driveways, or elevated or buried roadways.
Minor collector streets parallel and adjacent to arterial
streets, providing access to abutting properties and control of intersections
with an arterial street.
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.
A deck, building, parking structure, or part thereof used
or intended to be used for the parking and storage of vehicles.
A garage used exclusively for parking and storage of vehicles
that are owned or operated by residents of nearby dwelling units and
their guests. Such a garage is neither operated as a commercial enterprise
nor available to the general public. The residents themselves operate
it.
A structure that is accessory to a retail commercial or manufacturing
establishment and is used primarily for the parking and storage of
vehicles operated by the establishment's customers, visitors, and
employees.
A structure that is accessory to a residential building and
that is used for the parking and storage of vehicles owned and operated
by the residents thereof. A private residential garage is not a separate
commercial enterprise available to the general public.
A structure or portion thereof that is used primarily for
the parking and storage of vehicles and that is available to the general
public but is not a private residential garage, private customer and
employee garage, community garage, or municipal garage.
Any and all individuals, without any prior qualifications.
The Altoona City Council.
A building or lot owned or occupied by a governmental agency
for any purpose.
Any department, commission, independent agency, or instrumentality
of the United States, the Commonwealth of Pennsylvania, a Pennsylvania
county, the City of Altoona, a Pennsylvania municipality or authority.
The administrative offices of a public school district are included,
but no other school district use or building qualifies.
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.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
A residence occupied by unrelated persons who either by choice,
referral, and/or governmental policy cannot live independently by
themselves, but instead require a level of assistance, monitoring,
or supervision related to individual situations. A group home may
be distinguished from large-scale twenty-four-hour-care facilities
that serve the same purpose by the family-like setting in which its
residents live.
A temporary residential living arrangement for more than
four persons not related by blood or marriage, living in an institutional
setting and in need of supportive living arrangements in order to
readjust to noninstitutionalized living. Persons living in halfway
houses must be actively receiving therapy and counseling from support
staff which is present when the residents are present. Residency at
a halfway house is generally limited to a specified number of weeks
or months.
An administrative proceeding conducted by a board.
With the exception of buildings and signs, the vertical distance
from the finished grade to the highest point of the structure.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
Any structure that is:
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;
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:
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A temporary living arrangement for more than four persons,
not related by blood or marriage, with a terminal disease, that requires
full-time support, therapy, and treatment. A hospice offers terminal
care emphasizing quality of life, palliative measures, and limiting
invasive procedures. It focuses on alleviating physical pain and symptoms
while providing psychosocial, practical, spiritual, and bereavement
support. A hospice is an alternative to a hospital or nursing home.
Residency is measured in weeks, months, or no more than one or two
years.
See "overnight lodging".
A church, synagogue, temple, mosque, or other facility that
is used for prayer or worship by persons of similar beliefs.
A special purpose building that is architecturally designed
and particularly adapted for the primary use of conducting, on a regular
basis, formal religious services by a religious congregation.
Either a family living together or a single person living
alone in a single dwelling unit with common access to and common use
of all areas within the dwelling (see "family").
See "street, improved."
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.
Those fields of economic activity including construction
contractors, mining, manufacturing, transportation, communication,
electric, gas, sanitary services, and wholesale trade.
A tract of land that has been planned, developed, and operated
as an integrated facility intended for a number of individual industrial
uses, with special measures for traffic circulation, parking, utilities,
and compatibility.
Residences for people that provide rooms, meals, personal
care, and/or supervision of self-administered medication. They may
also provide other services such as transportation, recreation and
activities, financial services, and housekeeping.
Any modification, alteration, renovation, reconstruction,
or improvement of any kind to an existing structure to an extent or
amount less than 50% of its market value, other than minor repairs,
including the removal or cutting of any structural beam or bearing
support or the removal or change of any required means of egress or
rearrangement of parts of a structure affecting the exitway requirements.
Any area of a yard, structure, vehicle, or trailer, or any
part thereof, used primarily for the collecting and storage of excess,
abandoned, or transitional materials.
As used in this chapter, means having knowledge of, or reason
to know, or a belief or ground for belief which warrants further inspection
or inquiry of: the character and content of any material or performance
described herein which is reasonably susceptible of examination by
a licensee or person the age of the minor; provided; however, that
an honest mistake shall constitute an excuse from liability hereunder
if the licensee or person made a reasonable bona fide attempt to ascertain
the true age of such minor, "Knowingly" also means that a reasonable
person using reasonable skills and faculties would have known or been
aware.
Ground, soil, or earth, including structures on, above, or
below the surface.
Government-purchased land held for future use.
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.
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.
A facility housing a collection of books, magazines or other
material which is loaned to the general public without charge, excluding
adult content.
A space utilized for the loading or unloading of cargo, products,
or materials from vehicles.
See "boardinghouse."
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.
The total area within the lot lines.
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.
That percentage of the parcel or lot area that is covered
by the buildings, pools, and roofed accessory structures.
A line of record bounding a lot that divides it from an adjacent
property, street, right-of-way, or public space.
A lot that exists as shown or described on a plat, subdivision
or deed in the records of the local Recorder of Deeds.
The distance between side lot lines as measured at the setback
line.
An occupied or unoccupied lot whose area and dimensions meet
the requirements of the zoning district in which it is located.
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°.
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.
A lot on which a building or structure exists.
A lot other than a corner lot.
A lot extending between and having frontage on an arterial
and a minor street, with vehicular access solely from the latter.
A lot that fronts on two streets that do not intersect at
the boundaries of the lot.
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.
The lowest floor of the lowest fully enclosed area (including
basement),. An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
The upkeep necessary for efficient operation of physical
properties.
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site completed
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials such as lubricating oils, resins, plastics, or liquors.
For the purposes of the substantial improvement definition (below),
"market value" means the most probable price for which the appraised
building will sell in a competitive market under all conditions requisite
to a fair sale, with the buyer and seller each acting prudently, knowledgeably,
and for self-interest and assuming that neither is under duress. For
the purposes of determining substantial improvement, only the market
value of the structure can be used. If the market value estimate is
for an entire property, the value of the land, landscaping, and detached
accessory structures must be deducted to find the value of the structure
in question.
There are a variety of methods which can be used to estimate
market value. No one particular method is necessarily preferred over
another. The most common sources for obtaining estimates of market
value include:
Independent appraisals conducted by professional appraisers:
Market value estimates adjusted from assessed values calculated
by county tax assessment offices:
The most recent sale price of a building adjusted by the general
increase or decrease in property values since the sale; and
The replacement cost of the building at current prices.
The applicant is responsible for providing market value information
as part of the permit application submission. If the market value
estimates appear questionable, the municipality may require the applicant
to provide a professionally performed appraisal when other less reliable
methods are inadequate.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A facility where testing and analysis is done to assist in
patient health care, diagnosis, and research and development of new
medical products and techniques. Patients generally are not physically
present in such facilities. Includes diagnostic facilities.
Any establishment that extracts solids, minerals, coal, ores,
liquids, petroleum, natural gas, and gases from the earth.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall "minor
repairs" include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent, or similar piping, electric wiring, or mechanical
or other work affecting public health or general safety, or to any
sign.
Methods used to alleviate or lessen the impact of development.
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.
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.
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.
[5]See "funeral home."
A body politic and corporate created pursuant to the Act
of May 2. 1945 (P.L. 382, No. 164), formerly known as the Municipality
Authorities Act of 1945.[6]
A professional engineer licensed in the Commonwealth of Pennsylvania,
duly appointed by the City of Altoona.
An institution devoted to the procurement, care, study, and
display of objects of lasting interest or value; a place where objects
are exhibited.
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).
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.
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.
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.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast, or showing the female breast with
less than a fully opaque covering of any portion thereof below the
top of the nipple.
Any interference with the lawful enjoyment and use of property.
Any environmental pollutant, such as smoke, odors, liquid
wastes, litter, solid wastes, radiation, noise, vibration, glare,
or heat.
A tract of land on which trees and plants are raised or stored
for transplanting and sale.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.
Either the residing of an individual or individuals overnight
in a dwelling unit, or the storage or use of equipment, merchandise,
or machinery in any public, commercial or industrial building.
Parking provided for a specific use but located on a parcel
other than the one on which the specific use is located.
An establishment engaged in overall management and general
supervisory functions, executive activities, personnel, financial,
legal, and sales activities, as well as certain services such as advertising,
mailing, employment, consulting, security, development and testing,
commercial research, and like activities. Generally, customers are
not present on the premises. See the various types of "services."
The office of a member of a recognized not necessarily licensed
profession maintained for the conduct of that profession. Generally,
customers are not present on the premises. See "services, professional."
A combination of program and facilities established for the
primary purpose of providing an outdoor group living experience for
children, youth, and adults, with social, recreational, and educational
objectives, and operated and used for five or more consecutive days
during one or more seasons of the year.
The keeping of any goods, junk, material, merchandise, or
vehicles in the same area for more than 24 hours.
A zoning district that encompasses one or more underlying
zones and that imposes additional requirements above those required
by the underlying zones.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping units, possessing no
facilities for individual cooking, designed with individual entrances
and for year-round occupancy, and providing for accessory off-street
parking facilities that does not provide any of the services included
in the definition for "adult motel." Overnight lodging facilities
may include restaurants and newsstands.
A tract of land designated and used by the public for active
and passive recreation.
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.
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.
A parking area open to the public with or without payment
of a fee.
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.
A space for the parking of one motor vehicle within a public
or private parking area or on a dedicated street.
A ground-level structure with at least three sides open and
used primarily for residential purposes.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string — usually in series — and designed to move in
the wind.
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.
A land use or structure that:
A land use or structure that:
A land use that is allowed by right in a zoning district
and is subject to the restrictions applicable to the zoning district
in which it is located.
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.
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.
An active recreational area with a variety of facilities,
including equipment for younger children, court games, and field games.
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.
Any lot, parcel or tract of land and any building constructed
thereon.
See "building, principal."
The primary or predominant uses of any lot or parcel.
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.
A lot, parcel, or tract of land, as well as the building
and structures located thereon.
See "lot line."
A building or structure for a closely regulated enterprise
with a franchise for providing to the public a utility service deemed
necessary for the public health, safety, and welfare. Telephone, electric,
natural gas, water, and sewer companies are public utilities; however,
commercial wireless communications companies are not.
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
An industrial area dedicated to the repairing and maintenance
of railroad equipment or the crossroads of rail lines where the switching
of railcars takes place.
Includes activities that involve relatively inactive or less
energetic activities as well as activities of a more active or formal
nature. Activities may be performed alone or with others and may involve
the use of equipment or personal property.
A lot of land upon which two or more recreational vehicle
sites are located, established, or maintained for occupancy by recreational
vehicles of the general public as temporary living quarters for vacation
or recreation purposes.
A plot of ground within a recreation vehicle park intended
for the accommodation of either a recreation vehicle or other similar
individual camping unit on a temporary basis.
Any letter, review, memorandum, compilation, or similar writing
made by any body, board, officer, or consultant other than a solicitor
to any other body, board, officer, or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body, or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer, or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A facility engaged in scientific analysis, testing of hypotheses,
product testing, consumer preference testing, pharmaceuticals, development
of methodologies, and similar activities. Also, an establishment which
carries on investigations in the natural, physical, or social sciences,
which may include engineering and product development.
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;
Generally, the right of one to pass over the property of another.
A single-room occupancy (SRO) residential structure in which no less than four residents each rent a single room, as opposed to an entire apartment. Residents may share cooking facilities, sanitary facilities, and/or a bathroom (as defined in Chapter 550 of the Code[7]). Board is not provided at a rooming house, as opposed
to a boardinghouse. Residents do not receive habilitative or rehabilitative
services at a rooming house. Relationships between residents are incidental
as opposed to an essential part of living together in a group home
or halfway house. Residents do not constitute an interdependent group
that emulates a family. Tenancy is on a weekly or longer basis as
distinguished from transient housing such as a hotel or motel. The
total number of residents in a rooming house may not exceed the number
of bedrooms with closets in the involved structure.
[Added 8-14-2019 by Ord.
No. 5748]
The use of any building, land area, or other premises for
the display and sale of new or used automobiles, trucks, vans, trailers,
or recreational vehicles, including any vehicle preparation or repair
work conducted as an accessory use.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption. Retail sales
establishments may also render services incidental to the sale of
such goods. Includes "warehouse" and "outlet" style stores. Does not
include automotive sales, nor any services, although such may be combined
with retail sales if permitted by this chapter.
Facilities primarily engaged in selling merchandise to retailers;
to industrial, commercial, institutional, or professional business
users; or to other wholesalers. Wholesale sales are not made to the
general public.
A lot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, or burning or any other means and
for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
A sanitary sewage collection system, either publicly or privately
owned, in which sewage is carried from individual lots by a system
of pipes to a temporary central treatment and disposal plant, generally
serving a neighborhood area.
A device that is composed of a reflective surface that is
solid, open mesh, or bar-configured, and is in the shape of a shallow
dish, cone, or horn. Satellite dish antennas are used to transmit
or receive radio or similar type signals to or from terrestrially
based towers and/or earth orbiting satellites. This definition is
meant to include, but is not limited to, what are commonly referred
to as satellite earth stations, TVROs (television reception only),
and microwave antennas.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge, including
colleges or universities supported wholly or in part by public funds
and other colleges or universities giving general academic instruction,
as prescribed by the State Board of Education.
A school that meets state requirements for elementary or
secondary education and that does not secure the major part of its
funding from any governmental agency.
Any building, structure, facility, or complex used by the
general public for education that is licensed by the state and that
meets the state requirements for education, whether constructed by
the Commonwealth of Pennsylvania, Blair County, the City of Altoona,
a local government, a governmental instrumentality, a private individual,
a corporation, a partnership, or an association.
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.
A state of dress in which the clothing covers no more than
the genitals, pubic region, and areola of the female breast as well
as portions of the body covered by supporting straps or devices.
A surface such as stone, rock, concrete or other materials
which permits some vertical transmission of water.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include public rest rooms and facilities used for polishing, greasing,
washing, dry cleaning, or otherwise cleaning or servicing such motor
vehicles. A business that engages in engine rebuilding, major reconditioning
of broken or damaged motor vehicles or trailers, collision repair
service (including body, frame, or fender straightening or repair),
vehicle painting, replacement of parts, motor service to automobiles,
and/or state inspections.
The creation and distribution of literature in the form of
leaflets, pamphlets, booklets, newspapers, magazines, books, video,
film, electronics, or any other form of media whereby information,
fictional or nonfictional, is gathered, organized, and prepared for
presentation to an audience. Also, the furnishing of point-to-point
communications services, whether by radio, television. Internet, satellite,
or any other means of broadcasting. This definition does not include
performances or theatrics in a setting where an audience is present
on the premises.
Any building or part thereof, which is designed, constructed,
or used for education or instruction in any branch of knowledge and
to any age level. This definition does not include child day-care
centers (see above).
An institution providing primary health care services and
medical or surgical care to persons that are suffering from illness,
disease, injury, deformity, or other abnormal physical or mental conditions.
Facilities may contain, as an integral part of the institution, related
facilities such as laboratories, outpatient facilities, training facilities,
medical offices, and staff residences.
Establishments primarily engaged in providing services involving
the care of a person, his or her appearance, goods, or apparel. Sales
of merchandise may also take place incidental to the primary function
of providing the service.
Services rendered by a member of a recognized — not
necessarily licensed — profession, including meeting and providing
such services to customers and clients on the premises.
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use.
Retail service establishments may provide services such as eating
and drinking, lodging, finance, insurance, real estate, personal services,
motion pictures, amusement and recreational services, health care,
or educational/social services. This definition does not include automotive
services, except for gasoline dispensing,
An establishment engaging in any of the following:
The act of transferring freight or passengers between two modes
of transport.
The act of transferring freight or passengers from long-haul
vehicles to local-range vehicles, including breaking down such transfers
into smaller parts.
The act of transshipment of goods from shippers to receivers
for a charge, covering the entire transportation route and, in turn,
making use of the services of other transportation establishments
as instrumentalities in effecting delivery.
Terminals with the capability of handling a large variety of
goods involving various forms of transportation or providing multimodal
shipping capabilities.
The receipt, storage, and distribution of goods, products, cargo,
and materials.
Train, bus, and air terminals for freight or passengers.
An establishment that engages in acting as a broker or agent
to retailers; to industrial, commercial, institutional, or professional
business users; or to other wholesalers to buy merchandise for or
sell merchandise to such individuals. Wholesale services do not deal
with the general public.
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.
The line within a property defining the required minimum
or maximum distance between any building to be erected and the adjacent
property line.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
This term does not include the following types of commercial
enterprises:
An enterprise in which massage therapy that does not involve
specified sexual activities is provided by a physician, chiropractor,
registered nurse, or other medical practitioner licensed or certified
by the Commonwealth of Pennsylvania;
An enterprise in which massage therapy that does not involve
specified sexual activities is provided by a professional massage
therapist who is licensed by a national massage therapist professional
organization that has an explicit and enforced policy statement which
fully deals with the concerns raised by this chapter and furthers
the purposes of this chapter.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, adult theater, escort agency,
nude model studio, or sexual encounter center.
A tree in a public place, street, special easement, or right-of-way
adjoining a street, as provided in these regulations.
A temporary living arrangement that provides overnight and
short-term housing for people unable to live at home due to abusive
practices of another resident or other emergency situation, including
loss of residence. While the primary function of an emergency shelter
is to provide housing, additional social services are often part of
the shelter's program. The length of residency is limited to days
or weeks.
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 canopy or other enclosure.
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.
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.
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.
A sign, either conforming or nonconforming, on property leased or owned by the party responsible for the sign that has been discontinued for a total of 12 months as described in Chapter 800, § 800-68, Abandoned signs. A nonconforming use that has been abandoned as described in Chapter 800, § 800-22, Nonconforming use of land, and all signs that are related to that use, as well as any structures that support these signs, shall be considered abandoned.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or building by a permanent frame at
one or more edges. National flags, state or municipal flags, or the
official flag of any institution or business shall not be considered
banners. (See also "sign, building - banner.")
Any sign of lightweight fabric or similar material that is
permanently mounted to a building by a permanent frame at one or more
edges. National flags, state or municipal flags, or the official flag
of any institution or business shall not be considered banners. (See
also "sign, banner - miscellaneous.")
A building sign, generally informational, that has a purpose
secondary to the use of the lot on which it is located, such as "no
parking," "entrance," "loading only," "telephone," and other similar
directives. No commercial messages of any kind are allowed on these
signs unless the involved message is not legible from any location
off the involved lot.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
Any sign indicating the name and date of a building, as well
as incidental information about its construction or historical data
on a historic site, which is cut into a masonry surface or made of
bronze or other permanent material.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall. A projecting sign incorporates a heavy, integral
steel frame and mounting bolts or steel supports that completely penetrate
the building wall.
Any sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign that is permanently etched or painted or directly
attached to a wall with a projection of less than six inches.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Signs placed for advertising purposes in bus shelters by
an off-premises sign or advertising company.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not considered
a canopy.
This category includes the flags of the United States, the
states themselves, local governments, and foreign nations having diplomatic
relations with the United States. Any flag that does not meet these
requirements shall be considered a banner sign by this chapter.
A sign that directs attention to a business or profession
conducted, or to a commodity or service sold, offered, or manufactured,
or to an entertainment offered, or to any other commercial activity
conducted on the premises where the sign is located.
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives.
No commercial messages of any kind are allowed on these signs unless
the involved message is not legible from any location off the involved
lot.
Any sign supported by structures or supports that are placed
on, or anchored in the ground, and that are independent from any building
or other structure. These signs are for self-expression by the occupants
of the premises and may take the form of political, religious, nameplates,
or other form of self-expression.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
Identifies only the address and name of the occupant.
Any sign attached to or made a part of a marquee. A permanent
roof-like structure or canopy of rigid materials supported by and
extending from the facade of a building.
A nonconforming sign is defined as a sign that:
Any sign that directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located.
Any sign located on a lot designated as a plaza and whose
purpose is to identify the plaza name and the names of the individual
occupants of the plaza.
Any sign not permanently attached to the ground or another
permanent structure or a sign designed to be transported. This includes,
but is not limited to, signs designed to be transported by means of
wheels; signs converted to A- or T-frames; menu and sandwich board
signs; balloons used as signs; umbrellas used for advertising; and
signs attached to or painted on vehicles parked and visible from the
public right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign that is used only temporarily and is not permanently
mounted. Regardless of any temporary characteristics they may have,
residential signs shall not be classified as temporary signs for the
purposes of this chapter.
A use that has the same characteristics as the specifically
cited uses in terms of trip generation, parking, circulation, type
of traffic, utility demands, environmental impacts, physical space
needs, and clientele.
A building containing sleeping rooms, bathrooms, common rooms,
and a central kitchen and dining room maintained exclusively for sorority
members and their guests or visitors and affiliated with an institution
of higher learning.
A use that is allowed in a particular zoning district subject
to the approval of the Zoning Hearing Board.
Includes any of the following:
A permanent structure designed to provide space for the storage
of materials. Such storage space is usually provided on a rental basis
by the owner to the general public. This definition does not include
storage incidental to other uses on a property.
The lowermost story entirely above the finished grade.
That portion of a building included above foundation wall
and the surface of the floor next above it, or if there be no floor
above it, then the space between any floor and the next ceiling above
it.
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:
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.
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.
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.
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.
LOCAL STREETSThose streets used primarily to provide access to abutting properties, including but not limited to cul-de-sac and marginal access streets.
FRONTAGE ROADMinor streets parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with arterial street.
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.
The limit of a right-of-way.
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 Ch. 640, Subdivision of Land and Land Developments.
Those streets not officially dedicated and/or accepted by
the City.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not directly affixed to the land.
A living arrangement within a one (single) family or twin,
semidetached, duplex and/or row house dwelling by persons unrelated
by blood, marriage or legal adoption, who are attending undergraduate
or graduate programs offered by colleges or universities or are on
semester break or summer break from studies at colleges or universities,
or any combination of such persons. The residents of a student home
may share living expenses and may live and cook as a single housekeeping
unit. Exception: Student homes shall not include fraternity house,
sorority house, boardinghouse, multifamily dwellings and/or rooms
offered for let in one (single) family dwelling when the dwelling
is occupied by a family that is the recorded owner of record by title
and all renters are related to or members of this family by blood,
marriage or legal adoption.
[Amended 10-9-2019 by Ord. No. 5752]
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.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure immediately
before the damage occurred.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas existed on August 27, 1997.
Any reconstruction, rehabilitation, addition, or other improvement
of an existing structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions:
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
Where sexually oriented businesses are concerned, the term "substantial
improvement" shall hold the same meaning as the term "substantial
enlargement" above.
The condition where a project has been constructed to the
point where:
All basic features have been completed.
All features necessary for public health, safety and welfare
have been installed and are functioning properly.
No more than 10% of the project cost remains outstanding.
There is sufficient reason to believe the developer will complete
the remaining portions of the project in a timely manner.
A plan showing all present and proposed grades and facilities
for stormwater drainage.
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.
A low-lying stretch of land which gathers or carries surface
water runoff.
Any structure, basin, chamber, or tank containing an artificial
body of water for swimming, diving, or recreational bathing and having
a depth of two feet or more at any point, either above or in the ground.
Occupancy of a campground or organized camp for no more than
six months in any consecutive twelve-month period.
A use of a limited duration that is to be discontinued after
the expiration of a time period.
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.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
Surface soil and subsurface soil which presumably is fertile
soil and ordinarily rich in organic matter or humus debris.
A vehicular portable structure built on, or designed to be
mounted on, a chassis or wheels, or constructed as an integral part
of a self-propelled vehicle for use as a temporary dwelling, recreation,
or storage of items.
Includes any of the following:
The sale, lease or sublease of the property or business;
The transfer of securities which constitute a controlling interest
in the property or business, whether by sale, exchange or similar
means; or
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.
A zoning district that permits uses compatible with uses
permitted in two adjacent zones that, without the transition zone,
could be considered incompatible to each other.
An area in the process of changing from one use to another
or changing from one racial or ethnic occupancy to another; an area
that acts as a buffer between two land uses of different intensity
and compatibility.
Either end of a carrier line having facilities for the handling
of freight and passengers for an automotive vehicle with a short chassis
equipped with a swivel for attaching a trailer and used especially
for the highway hauling of freight; a freight or passenger station
that is central to a considerable area or serves as a junction at
any point with other lines; a town or city at the end of a carrier
line.
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.
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.
A variance is a modification of the strict terms of zoning
regulations where such modification will not be contrary to the public
interest and where, owing to physical conditions peculiar to the property
and not the result of the action of the applicant, a literal enforcement
of the regulations would result in unnecessary and undue hardship.
[Amended 8-14-2019 by Ord. No. 5748[8]]
The Board shall hear requests for variances where it is alleged
that the provisions of the Zoning Ordinance inflict unnecessary hardship
upon the applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that all of the following findings
are made where relevant in a given case:
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the Zoning Ordinance in the neighborhood
or district in which the property is located.
That, because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of the Zoning Ordinance and that the
authorization of a variance is therefore necessary to enable the reasonable
use of the property.
That such unnecessary hardship has not been created by the appellant.
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this act and the Zoning Ordinance.
A device from which products or services are traded or sold
without a salesperson or any employee present. Vending machines are
considered commercial accessory uses and structures for the purposes
of this chapter.
When the subdivider 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.")
The vertical exterior surface of a building. Also, the vertical
interior surfaces that divide the space within a building into rooms.
Any establishment engaged in the collection, storage, or
distribution of waste. Included are transfer stations, landfills,
trash-to-steam generators, refuse collection companies, auto wrecking
yards, salvage yards, sewage plants, and similar uses.
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.
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.
The trade of manipulating, shaping, carving, assembling,
and ornamenting wood products. Basic industries include furniture
assembly, moldings, kitchen cabinetry, and carving. This definition
does not include general carpentry, sawmills, lumbering, wood processing,
or manufacture of landscaping items.
The art of intricate wood carving and decorating.
An open space that lies between the principal building or
buildings and the nearest lot line.
The sale of surplus or unwanted personal property normally
associated with daily living or collecting from residential property
for a period of no more than three consecutive days in any six-month
period. Yard sales are also known as garage sales, porch sales, tag
sales, and similar names. Yard sales are considered accessory residential
uses when held as defined above. Above and beyond this definition,
such sales are considered home-based businesses.
The area between the front lot line and the principal building(s).
The area between the rear lot line and the principal building(s).
The area between a lot line which is not coincident with
any right-of-way line and the principal building(s).
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.
A specifically delineated area or district within the City
within which uniform regulations and requirements govern the use,
placement, spacing, and size of land and buildings.
The delineation of districts within a municipality or county
and the establishment of regulations for each of these districts.
These regulations may govern the use of land; lot sizes; the placement,
spacing, size, and character of buildings; and more.
A specifically designated area or district in a municipality
within which uniform regulations and requirements govern the use,
placement, spacing, and size of land and buildings.
A multiple-member board, appointed by the Altoona City Council,
that hears appeals and challenges under Section 909.1(a) of the Pennsylvania
Municipalities Planning Code.[9]
The map (or maps) that are a part of the zoning ordinance
and delineate the boundaries of the zone districts.
The administrative officer designated to administer zoning
and issue zoning permits.
The permit issued by the Zoning Officer, upon determination
by the Zoning Officer that all information contained in the zoning
permit application is in compliance with the regulations contained
within zoning.
The application that must be completed by the applicant and
the Zoning Officer to apply for a zoning permit, as required in this
chapter.
[1]
The former definition of “alterations, structural,”
which immediately followed this definition, was repealed 8-14-2019
by Ord. No. 5748.
[2]
Editor’s Note: The Municipality Authorities Act of 1945
(53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
[3]
The former definition of “financial security,”
which immediately followed this definition, was repealed 8-14-2019
by Ord. No. 5748.
[4]
The former definition of “home-based business,”
which immediately followed this definition, was repealed 8-14-2019
by Ord. No. 5748.
[5]
The former definition of “modifications,” which
immediately followed this definition, was repealed 8-14-2019 by Ord.
No. 5748.
[6]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
[8]
Editor's Note: This ordinance also repealed the former definitions
of "variance, dimensional," "variance, hardship," "variance, planning,"
"variance, use" and "variation," which immediately followed the definition
of "variance."
[9]
Editor's Note: See 53 P.S. § 109091(a).
A.
Urban redevelopment plans and proposals, as enabled by the Urban
Redevelopment Law Act of 1945, always supersede the provisions and
regulations of this chapter.
B.
This chapter is not intended to interfere with, abrogate or annul
applicable state or federal laws or other rules, regulations or ordinances,
provided that, where a provision of this chapter conflicts with a
provision of another, the stricter of the two shall apply.
All structures and plans for structures within the City's floodplain, or any subsequent revisions thereof, are subject to the floodplain regulations contained in Chapter 362. Furthermore, all structures and plans for structures within the City's floodplain, as defined by any relevant federal and state legislation, shall be subject to the floodplain regulations imposed by that legislation. Where any such ordinance or law imposes stricter regulations than the relevant parts of this chapter do, those parts of this chapter shall be null and void. Furthermore, where the provisions of any such ordinance or law contradict the provisions of this chapter, the stricter of the two shall apply. In both instances, the parts of this chapter that are not relevant to the provisions of the other law or ordinance shall remain in effect.
A.
The Altoona City Manager may temporarily waive some of the regulations
of this chapter during a declared local emergency. Any structure suitable
for a housing facility in the case of emergency, necessity or disaster
may be used for temporary housing or shelter in order to alleviate
undue hardship that may be incurred by the above conditions, and such
use of temporary housing shall not exceed a period of more than 90
days from the date of same. If for any of the above reasons the City
Manager finds that the ninety-day period is not sufficient, then the
emergency regulations may be extended for an additional ninety-day
period.
B.
During the period of enforcement of this regulation, all other regulations
regarding limitations to the use of premises for residential reuse
are suspended until the termination of the emergency provided for
herein.
For the purposes of this chapter, parcels that consist of several
land uses shall be classified by the land use that this chapter regulates
the most strictly.
