A.
Words used in the present tense include the future; the singular
numbers include the plural and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation, company,
partnership, association, organization, trust or individual.
C.
The words "shall" and "will" are mandatory and the words "may" and
"should" are permissive.
D.
The word "lot" includes the word "plot," "parcel" or "tract."
E.
The word "structure" includes the word "building" and the word "building"
includes "structure" and shall be construed as if followed by the
phrase "or part thereof."
F.
The word "use" and the word "used" refer to any purpose for which
a lot or land or part thereof is arranged, intended or designed to
be used, occupied, maintained, made available or offered for use;
and to any purpose for which a building or structure or part thereof
is arranged, intended, or designed to be used, occupied, maintained,
made available or offered for use, or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
G.
The word "Borough" means Milford Borough, Pike County, Pennsylvania;
the term "Borough Council" means the Borough Council of the Borough
of Milford.
When terms, phrases, or words are not defined, they shall have
the meaning as defined in The Latest Illustrated Book of Development
Definitions (H.S. Moskowitz and C.G. Lindbloom, Rutgers, The State
University of New Jersey, 2004), or, if not defined therein, they
shall have their ordinarily accepted meanings or such as the context
may imply.
For the purpose of this chapter, the following terms, words
and phrases have the meaning herein indicated:
A nonprofit residential use in which rooms are provided to
serve as a temporary safe and supportive environment for persons who,
because of actual or threatened physical or mental abuse, are forced
to leave their previous living arrangement. Such facilities shall
be designed to provide in-house living for persons only until a safe,
permanent living arrangement can be obtained.
A subordinate use or structure customarily incidental to and located on the same lot occupied by the main use or building. [See § 312-22A(3) for same lot exemption for fences.] The term "accessory structure" may include a private garage, garden shed, a private playhouse, a private greenhouse and a private swimming pool as hereinafter provided.
[Amended 11-3-2008 by Ord. No. 395]
An establishment having a substantial or significant portion
of its stock-in-trade, books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or related to "specific sexual activities," or "specific
anatomical areas," or an establishment with a segment or section devoted
to the sale or display of such material.
Any of the following:
A use of a building or land for a business which has obscene
materials as a substantial or significant portion of its stock-in-trade.
A use of a building or land for a business which involves the
sale, lease, trade, gift or display of drug paraphernalia as a substantial
or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater, or any other
establishment that conducts live performances as a principal part
of its business that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion
pictures, video cassettes, slides, or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
A club, restaurant, theater, hall or similar place which
features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers exhibiting specified
anatomical areas or performing specified sexual activities.
An enclosed building with a capacity for fewer than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter related to "specified sexual activities," or "specified
anatomical areas," for observation by patrons therein.
An enclosed building with a capacity for more than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter related to "specified sexual activities," or "specified
anatomical areas," for observation by patrons therein.
A public thoroughfare which usually affords a secondary means
of access to abutting property.
Any disturbance of the natural features of the environment
through human activities. This includes physical disturbances of physical,
biological and functional characteristics. Alteration shall also include
any changes to the exterior of a building or changes in the structural
members of a building, such as supporting walls, columns, beams or
girders, an addition to any structure, or the moving of a structure
from one location to another.
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
Any fully enclosed building used for shooting of arrows for
recreational or training purposes. Any such commercial operation,
any such area operated by any private, nonprofit entity, any community
association, any such area operated by any sportsman's, recreation
or fraternal club or association with 25 or more members, and any
such area which is used or is intended to be used for more than five
hours in any one week shall be considered an indoor archery range
for the purposes of this chapter. See "recreation facility, commercial."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any area not within a fully enclosed building used for the
shooting of arrows for recreational or training purposes, including,
but not limited to, target shooting ranges and target shooting courses.
Any such commercial operation, any such area operated by any private
nonprofit entity, any community association, any such area operated
by any sportsman's, recreation or fraternal club or association with
25 or more members, and any such area which is used or is intended
to be used for more than five hours in any one week shall be considered
an outdoor archery range for the purposes of this chapter. See "recreation
facility, commercial."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A story partly underground, but having at least 1/2 of its
height above the average level of the street abutting the front of
the lot, or above the average finished grade level of the ground immediately
adjacent to the building or any area of the building having its floor
below ground level on all sides.
A single-family dwelling in which persons are housed or lodged
for compensation where meals may or may not be included; but no cooking
facilities are provided in any rental room. All guests shall be housed
in the principal dwelling and shall be restricted to transient visitors
to the area; and the dwelling shall not be used for long-term residency
of guests.
A tract of land or a lot or group of lots, bounded by streets,
public parks or parkways, railroad rights-of-way, watercourse or body
of water, unsubdivided land, or a boundary line or lines of the Borough.
That portion of a block which abuts a single street.
The Zoning Hearing Board of the Borough unless otherwise
specified or indicated by reference.
A principal dwelling in which at least two but not more than
six rooms are offered for rent, payable in money or other consideration,
whether or not table board is furnished to lodgers, and in which no
transients are accommodated and no public restaurant is maintained.
All lodgers must be housed in the principal dwelling.
The Borough of Milford, Pike County, Pennsylvania.
The Borough Council of the Borough of Milford, Pike County,
Pennsylvania.
Any building, structure, service or use under the jurisdiction
of the Borough of Milford, Pike County, Pennsylvania.
A facility for the production and packaging of malt beverages
of alcoholic and/or nonalcoholic content for retail or wholesale distribution,
on or off the premises, and which produces 15,000 gallons or more
of malt beverages per year.
[Added 11-3-2008 by Ord.
No. 395]
A restaurant or tavern, as defined herein, that includes
as an accessory use the brewing of malt beverages of alcoholic and/or
nonalcoholic content for consumption on premises and which produces
less than 15,000 gallons of malt beverages per year.
[Added 11-3-2008 by Ord.
No. 395]
A strip of land that separates one use from another use or
feature and is not occupied by any building, parking, outdoor storage
or any use other than open space or approved pedestrian pathways.
It is used to provide separation between incompatible uses to effect
a visual barrier, block physical passage between uses, and reduce
noise, dust and litter. The separation may be effected by fencing,
dense vegetative planting, the provision of additional setback distances,
berms or a combination thereof, and, in general, widths of buffers
are increased as the density or opaqueness of the barrier decreases.
A buffer yard may be a part of the minimum setback distance, but land
within an existing street right-of-way shall not be used to meet a
buffer yard requirement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A structure or combination of materials constructed or erected
on the ground with a roof supported by columns or walls. Included
shall be all manufactured homes and trailers to be used for human
habitation.
The proportion of the lot area, expressed as a percentage
that is covered by the maximum horizontal cross section of a building
or buildings, including main and accessory buildings.
See "height of structure."
A building in which is conducted the main or principal use
of the lot on which said building is situated. Any building that is
physically attached to a principal building shall be considered part
of that principal building.
Any facility where:
Gasoline is stored in bulk for distribution by delivery truck;
Fuel, including, but not limited, to kerosene, home heating
oil, diesel fuel, gasoline, or propane, is stored in large-volume
tanks for distribution to retail or wholesale establishments; or
The total combined on-site storage of fuel exceeds 20,000 gallons.
See "sign, bulletin board."
An area and/or building where passengers load on and unload
from buses, and where parking for passenger vehicles and ticket sales
are normally part of the operation, but without bus maintenance and
repair facilities.
An area and/or building where buses are stored or parked
on a regular basis with or without bus maintenance and repair facilities.
An adult club, restaurant, theatre, hall or similar place
which features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers exhibiting specified
anatomical areas or performing specified sexual activities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A plot of ground upon which two or more campsites are located,
established or maintained for temporary occupancy by persons using
tents or recreational vehicles and which shall not be used for long-term
residency of occupants.
Any building or premises or portions thereof used for washing
automobiles or trucks for commercial purposes.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
That portion of a building, other than a basement, that is
located below ground level.
Land or buildings used for the burial of deceased humans,
but not animals. The interment or scattering of remains of properly
cremated humans is not regulated by this chapter.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to bona fide members and their occasional guests, and
persons specifically invited to special celebrations, but which is
not routinely open to members of the general public and which is not
primarily operated as a for-profit business. The club shall involve
a meaningful and substantial membership system, as opposed to a token
system. This use shall not include a target range for outdoor shooting,
a boarding house, a tavern, a restaurant or an auditorium unless that
particular use is permitted in that district and the requirements
of that use are met.
The Planning Commission of the Borough of Milford, Pike County,
Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communication 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 communication antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The Comprehensive Development Plan of the Borough of Milford,
including all maps, charts and textual matter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Uses, which require individual consideration in each case
because of their unique character relative to the zoning district.
Borough Council has approval power over these uses and Council may
attach conditions to the approval.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
Any premises used as the base of operation by any tradesman
or contractor for the storage of equipment, vehicles and supplies.
A cabinet-type facility that can be attached to an existing
or proposed utility pole or a similar pole.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A use providing supervised care and assistance primarily
to persons who are over age 60 and not in good physical health, or
who are suffering from Alzheimer's disease or are developmentally
handicapped and/or are physically handicapped and who need such daily
assistance because of such condition. This use shall not include persons
who need oversight because of behavior that is criminal or violent.
This use may involve occasional overnight stays, but shall not primarily
be a residential use. The use shall involve typical stays of less
than a total of 60 hours per week per person.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school. The following two types of day care are permitted
without regulation by this chapter: care of children by their own
relatives, and care of children within a place of worship during regularly
scheduled weekly religious services. (See also "day care, adult.")
CHILD) DAY CARE, AS AN ACCESSORY USE A type of day care use that provides care for six or fewer children at one time who are not relatives of the care giver.
CHILD) DAY-CARE CENTER, AS A PRINCIPAL USE A type of day care use that provides care for seven or more children at any one time who are not relatives of the primary operator.
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
A facility used to house and/or rehabilitate adults or juveniles
detained, sentenced or adjudicated delinquent by the criminal justice
system, including, but not limited to, jails, prisons, penitentiaries,
reformatories, half-way houses, transitional living facilities, juvenile
detention facilities, and similar facilities.
Also referred to as "micro cell"; a set of antenna nodes
networked with each other and connected to a wireless service source
composed of one or more high-power antennas that serve a given area
and are replaced by a group of low-power antennas to serve the same
geographic area.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A land area in the Borough within which certain uniform regulations
and requirements apply under the provisions of this chapter.
Any action which results in the cutting or removal of vegetation
on any land, and/or which results in the turning, displacement, grading
or removal of any soil.
An area of land which may include accessory uses such as
the sale of snacks and which is devoted to the showing of motion pictures
which are viewed by persons in vehicles.
An establishment that by design, physical facilities, service,
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the said road.
Any retail store selling paraphernalia commonly related to
the use of any drug or narcotic of which the sale, use or possession
of its subject to the provisions of "The Controlled Substance, Drug,
Device and Cosmetic Act," 1972, April 12, P.L. 233. No. 64, § 780-101
et seq., "roach" clips, "coke" spoons, "bongs," and cigarette rolling
paper, except that this shall not be deemed to include the sale of
cigarette rolling paper by a store that also sells loose tobacco or
the sale by prescription of implements needed for the use of prescribed
drugs or narcotics.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, sanitary land fill, burial, burning, incineration
or any other means for whatever purpose, of garbage, offal, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof,
or waste material of any kind.
A building, vehicle or a portion thereof, designed for and
used exclusively for residential occupancy in accordance with this
chapter, including one-family, two-family and multiple-family dwellings,
but not including hotels, hospitals, boardinghouses, institutional
homes, residential clubs, rooming houses, tourist houses, trailer
courts, short term rentals and the like.
[Amended 9-15-2020 by Ord. No. 467]
One or more rooms with provision for cooking and/or food
preparation or storage, living, sanitary and sleeping facilities arranged
for the use of one family. (See also “multiple dwelling,”
“two-family dwelling,” and “single-family attached
dwelling.”)
[Amended 3-4-2019 by Ord.
No. 459]
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added 3-4-2019 by Ord.
No. 459]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer of the Borough.
Municipal or utility facilities that do not require enclosure
in a building which are necessary for the public health and safety
and which are routine, customary and appropriate to the character
of the area in which proposed, including such facilities as poles,
towers, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment. Buildings, sewage treatment plants, solid waste
disposal facilities, commercial communication towers, utility company
offices, storage of trucks or equipment and bulk storage, and any
commercial communications devices and/or facilities not specifically
regulated by the Pennsylvania Public Utility Commission shall not
be considered essential services. (For essential services requiring
enclosure in a building, see "semipublic building or use.")
A space that will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A type of service establishment that offers indoor or outdoor
recreational facilities, such as the following: weight rooms, exercise
equipment, nonhousehold pool and racquetball courts.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that more than five persons
living together in a single dwelling unit who are not related by blood,
adoption, or marriage do not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by the Federal Fair Housing Law, provided such facilities
are licensed and permitted under the authority of the Department of
Human Services of the Commonwealth of Pennsylvania or other state
department or agency. In determining the functional equivalent of
a traditional family, the following criteria shall be present:
[Amended 3-4-2019 by Ord.
No. 459]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The term shall not include any tenant or persons paying any
rent, fee or rate for use of a dwelling or portion thereof as a short-term
rental for a period of less than 30 consecutive days.
[Added 9-15-2020 by Ord. No. 467]
A seasonal, outdoor market for the retail sale of local farm
products and prepared foods, as well as handcrafted arts, crafts and
unique local goods. The primary focus of the sales shall be on food,
particularly fresh grown local foods, but may include nonlocal foods
and beverages, as well as farm-produced arts, crafts and similar goods.
The term "farmers' market" does not include the sale or demonstration
of mass-produced items, used clothing, appliances, and other similar
products. Flea markets are not permitted at, or in conjunction with,
a farmers' market.
[Added 4-4-2016 by Ord.
No. 443]
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier and which is constructed of wood,
chain-link, metal, fiberglass, vinyl or aluminum and/or plastic inserts.
Considered an accessory structure. Man-made barriers constructed principally
of masonry, concrete, cinder block or similar mostly solid materials
shall be considered a wall. The term "wall" does not include engineering
retaining walls, which are permitted uses as needed in all districts.
The terms "fence" and "wall" do not include hedges, trees or shrubs.
A sale of items of tangible personal property wherein, on one location, there are multiple vendors who have paid a fee or a portion of their proceeds of sales for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property. (See also Chapter 158, Flea Markets and Garage Sales, of the Milford Borough Code.)
The flood hazard area is that land adjoining any stream,
which is designated as having special flood hazards on the Flood Hazard
Boundary Map prepared by the Federal Insurance Administration.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
from an adjoining or nearby stream, river or watercourse; and/or any
area subject to the unusual and rapid accumulation of surface waters
from any source. Floodplain boundaries are frequently shown for the
floods having average recurrence intervals of 10, 50, 100 and 500
years.
The designated area of a floodplain required to carry the
discharge waters of a given magnitude. For purposes of this chapter,
the floodway shall be capable of a flood of the one-hundred-year magnitude.
The floodway must be kept free of encroachment in order that the one-hundred-year
flood is carried without substantial increases in flood heights. Criteria
adopted by the Federal Insurance Administration limit such increases
in flood heights to 1.0 foot, provided that hazardous velocities are
not produced.
That portion of the floodplain outside the floodway.
The total area of all floors measured to the outside surfaces
of exterior walls, or from the center lines of party walls separating
two buildings, but excluding crawl spaces, garages, carports, attics
without floors, open porches, balconies, and terraces.
A restaurant or a food store properly permitted for preparation
and sale of food items (including liquid items).
[Added 10-19-2021 by Ord.
No. 479]
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption. "Food" includes ice, water or any other
beverage, food ingredients and chewing gum.
[Added 10-19-2021 by Ord.
No. 479]
The management of forests and timberlands when practiced
in accord with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any of the following: a land development,
the operation of a sawmill or the operation of any other wood manufacturing
business.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for:
Embalming and the performance of other services used in preparation
of the dead for burial;
The performance of autopsies and other surgical procedures;
The storage of caskets, funeral urns, and other related funeral
supplies; and
The storage of funeral vehicles, but shall not include facilities
for cremation. Where a funeral parlor is permitted, a funeral chapel
shall also be permitted.
A use where lawful gambling activities are conducted, including,
but not limited to, off-track pari-mutuel betting. This term shall
not include betting under the state lottery programs or betting under
the small games of chance provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property.
A building or part thereof used for the storage or parking
of one or more vehicles.
A dwelling unit built within the walls of, or on top of,
the garage of a house. The garage may be attached or a separate building
from the main house, but will have a separate entrance and may or
may not have a communicating door to the main house.
[Added 6-3-2019 by Ord.
No. 462]
Includes, but shall not be limited, to lawn sales, attic sales, rummage sales and similar casual sale of tangible personal property which takes place on lands owned by the person holding the sale and which is advertised by any means whereby the public at large is or can be made aware said sale. This shall not include the sale of all or substantially all of the contents of a home through an estate sale or similar sale or to the close-out sale of a business (See also Chapter 158, Flea Markets and Garage Sales, of the Milford Borough Code.)
A garage for the convenience of the general public in which
no servicing, repairs, washing or reconditioning of motor vehicles
is carried on.
An enclosed or covered space for the storage of one or more
motor vehicles. A garage is an accessory building maintained primarily
for the convenience of the occupant or occupants of the main building.
No business or other use is carried on and no service is rendered
to the general public other than activity permitted as a home occupation
as defined in this chapter.
Any garage other than a private garage or parking garage.
A public garage may include servicing, repairs, washing or reconditioning
of motor vehicles and filling station facilities.
A retail establishment engaged in the sale of ornamental
trees, shrubs and plants and supplies for gardening and landscaping.
See "retail business."
A tract of land for playing golf, improved with trees, greens,
fairways, hazards, and which may include clubhouses and shag ranges,
but does not include miniature golf courses or golf driving ranges.
See "recreation facility, commercial."
A novelty version of golf played with a putter and golf ball
on a miniature course, typically with artificial playing surfaces,
and including obstacles such as bridges and tunnels. See "recreation
facility, commercial."
A facility arranged with golf tees and used for longer range
play of golf balls where balls are supplied for a fee. It may also
include a putting green. See "recreation facility, commercial."
A structure, typically constructed of metal or wood framework
and covered with glass or plastic, used for the propagation of plants
for wholesale distribution; and including associated structures for
office space and storage; but not including retail sales of any products
or services.
A detached accessory structure, typically constructed of
metal or wood framework and covered with glass or plastic, used for
private use.
The sum of the total horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, any space where
the floor-to-ceiling height is less than six feet, elevator shafts,
common stairwells in an apartment building, and unenclosed porches,
decks and breezeways.
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 312-29, and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental retardation
or other handicap[1] as defined by applicable federal law.
Does not meet the definition of a "treatment center/clinic."
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
All buildings used primarily for the housing of persons nonrelated by blood or marriage, including, but not limited to, dormitories, fraternities, sororities, and all other structures occupied by groups of persons sharing a dwelling. Rooming houses, boarding houses, hotels, motels, and resorts, group homes, jails, prisons and detention facilities, treatment center/clinics, health facilities and any use specifically listed in a zoning district in Article IV shall not be considered group quarters.
An establishment primarily engaged in providing services
for human health maintenance, including abused person shelters, hospital
facilities, physical or occupational therapy, nursing homes and adult
care facilities, and personal care homes or centers, whether publicly
or privately operated, but excluding treatment centers/clinics.
The vertical distance derived from the average finished grade
at the foundation corners of the building or structure, to the highest
point of the building or structure excluding a chimney flue, church
spire, cupola, dome, mast, belfry, clock tower, radio or transmission
line, flagpole, water tower, elevator or stair bulkhead.
An area used for the takeoff and landing of helicopters,
together with any related support facilities such as for maintenance,
refueling and storage, including any such area accessory to a principal
use. This chapter is not intended to regulate the nonroutine emergency
landing and takeoff of aircraft to pick up seriously injured or ill
persons.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport." Public heliports shall be considered airports for regulation by this chapter.
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period (in addition to flights necessary for emergency medical purposes) and that is not available for use by the general public. This is also known as a "helistop."
An accessory use of a dwelling unit for gains or profit or
other purposes normally associated with a business.
A health facility used for the diagnosis, treatment or other
care of human ailments. Unless otherwise specified, a hospital shall
be deemed to include a sanitarium, sanatorium, clinic, convalescent
home, medical center, nursing home, rest home, or other building with
an equivalent appellation. A hospital shall not include care and treatment
of mental patients, alcohol or drug abusers, except incidentally.
A building or part thereof which has a common entrance, common
heating system, and general dining room, and which contains six or
more living and sleeping rooms designed to be occupied by individuals
or groups of individuals for compensation.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any surface that limits the percolation of water into the
ground such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
[Amended 5-5-2008 by Ord.
No. 389]
Any discarded material or article, including, but not limited
to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, glass, containers and structures. It shall not include,
however, refuse or garbage kept in a proper container for the purpose
of prompt disposal. Licensed antique cars and operable used cars are
not considered junk for the purposes of this chapter.
A place where junk as defined above is stored, disposed of
or accumulated in an open yard.
An establishment equipped with pens, yards, runways or other
appurtenances specifically designed or intended for the breeding or
boarding of dogs or similar commonly domesticated animals on a property
harboring six or more adult dogs (over six months of age) or similar
animals.
A subdivision of land;
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
The definition of "land development" shall not include the following:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this definition, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
A building where a collection of books, recordings, and other
items are housed and made available for public review, reading or
reference.
The process of making wares, products or materials by hand
or machinery in which the premises upon which the process takes place
has a total floor area of 2,500 square feet or less and specifically
excluding the following:
The manufacture of:
Acetylene gas.
Acid.
Ammonia.
Bleaching powder.
Chlorine.
Superphosphate and other phosphate.
Nitrogenous tankage, fish meal, or any fertilizer materials
carrying an objectionable odor.
Fertilizer or any other product involving the use of dusty or
granular ingredients, unless the manufacturing process and the transfer
of the ingredients is carried on under cover or is so screened that
the emanation of dust beyond the industrial district is prohibited.
Fireworks or explosives.
Turpentine.
Oil refining, petroleum distillation (excluding oil recycling
facilities), hot asphalt plants (excluding bituminous concrete facilities),
paints, varnish, or shellac, which requires distillation or heating
of ingredients.
Soap manufactured from animal fats but not from vegetable or
mineral oils.
Vinegar.
Storage yard for wrecked, dismantled automotive vehicles.
Junkyard or shop for purchase, sale, handling, baling or storage
of scrap metals, scrap rubber, broken bottles, or rags, where in the
conduct of such establishment these materials are on the premises.
Any use or trade which, though properly and safely operated
with ordinary care, according to good and reasonable practices, causes
noxious or offensive odors, gas, fumes, smoke, dust, vibration or
noise which substantially interferes with other uses of property permitted
in the district.
That form of lighting wherein the light passes from the source
through a translucent cover or shade.
That form of lighting wherein the source is visible and the
light is distributed directly from it to the illuminated object.
That form of lighting wherein the light source is entirely
hidden, the light being projected to a suitable reflector from which
it is reflected to the illuminated object.
Any animals raised or kept for home consumptive use or profit,
including, but not limited to, cattle, bison, sheep, goats, horses,
llamas, swine, fowl, rabbits, insects, and fur-bearing animals.
The raising or keeping of livestock for home use or any commercial
purpose.
See "boarding or lodging house."
Any parcel of land intended as a unit of ownership, transfer
of ownership, use, rent, improvement or development.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets. A lot abutting a curved road shall be deemed a corner lot
if the tangents to the curve, extended, at intersect at an interior
angle of less than 120°.
That portion or percentage of the lot area which is covered
by buildings; paved and unpaved walkways, roads, driveways and parking
areas; pavement; or other impervious surfaces as defined by this chapter.
[Amended 5-5-2008 by Ord.
No. 389]
The distance measured along a straight line connecting the
midpoint of the front lot line with the midpoint of the rear lot line.
Any lot or parcel of property which was legally in existence
and properly on file with the Pike County Recorder of Deeds prior
to the effective date of the original Borough Zoning Ordinance.
Any lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
Any boundary of a lot which is along an existing street,
road or proposed road right-of-way or street or road right-of-way
line when same is within the lot. On a corner lot, the owner may specify
the front lot lines. On a through lot, there shall be two front lot
lines.
The lot line opposite to the front lot line.
A lot extending from one street to another other than a corner
lot.
The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured across the rear of
the required front yard.
A facility with a central pole up to 50 feet in height that
has a service radius of approximately 2.5 miles.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The principal or most important use or building on a lot.
A health facility used exclusively by physicians, dentists,
or physical or occupational therapists for treatment and examination
of patients, provided that no overnight patients shall be kept on
the premises.
A building, structure, lot or land area used as a private
club, fraternal or social organization.
A collection of animals which are kept in cages or enclosures,
inside a building or outdoors, for exhibition or educational purposes.
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or nonalcoholic content for retail
or wholesale distribution, on or off the premises, and which produces
less than 15,000 gallons of malt beverages per year.
[Added 11-3-2008 by Ord.
No. 395]
A facility with a central pole less than 50 feet in height
with a service radius of 1/2 mile or less.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A transportable, single-family dwelling structure intended
for permanent occupancy, office or place of assembly structure contained
in one unit, or in two units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and constructed so that it may
be used without a permanent foundation. For purposes of this chapter,
travel trailers and recreational vehicles are not considered as mobile
homes. Mobile homes are not considered a land use type as defined
herein but are considered a structural type with certain vehicular
characteristics.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home as defined by this chapter.
A parcel of land under single ownership, which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home, lots.
A building, or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access, designed primarily for transient automobile
travelers, and provided with accessory off-street parking facilities.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts, and other similar appellations, but shall not
be construed to include mobile homes, travel trailers or recreation
vehicles.
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property shall also be
considered a multifamily project. Two-family dwellings in a multifamily
project shall be considered townhouses.
A building or buildings used for office purposes by more
than one business or business entity. Separate, but related, businesses
owned and operated by exactly the same persons shall not be considered
a multi-unit.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other as separate
housekeeping units.
A building or series of buildings arranged, intended, designed
or used for a combination of residential, certain commercial uses
and office uses which are independent and distinct.
Structures for which the start of construction commenced
on or after February 2, 1981, and including any subsequent improvements
thereto.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
A lot lawfully existing at the effective date of this chapter
or any amendment thereto affecting such lot, which does not conform
to the regulations of this chapter for the district in which it is
situated.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of such chapter or amendment or prior to the
application of such chapter or amendment to its location by reason
of annexation. Such nonconforming structures include, but are not
limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such chapter or amendment, or prior to the
application of such chapter or amendment to its location by reason
of annexation.
A commercial operation where trees and shrubs are grown for
transplanting, for use as stocks for budding and grafting, or for
sale.
A facility licensed by the Commonwealth of Pennsylvania for
the housing and intermediate or fully skilled nursing care of three
or more persons needing such care because of old age or a physical
illness or disability or a developmental disability, but not including
a treatment center/clinic. (See "health facility.")
A building or part of a building used primarily for conducting
the affairs of a business, profession, service, industry or government,
or like activity.
See "Zoning Map, Official."
An area for the dispensing, serving and consumption, but
not the preparation, of food and beverages, provided such use is attached
to a principal use of a restaurant or other food establishment.
[Added 10-19-2021 by Ord.
No. 479]
Any commercial activity or activity associated with a commercial
use where concerts, theater arts, movies or any other type of entertainment
is provided outside a fully enclosed building.
A lot or part thereof used for the storage or parking of
motor vehicles.
An area of a lot that is used for the parking of vehicles
incidental to the principal use of that lot and is categorized as
an accessory use.
A lot or portion thereof that is used for the business of
providing parking to the public for a fee on an hourly, daily, monthly
or other rental basis.
A lot or portion thereof that is used for the parking of
vehicles, with or without fee, and is owned and operated by the municipality,
the county or a municipal authority.
A stall or berth which is arranged and intended for parking
of one motor vehicle.
A courtyard or terrace constructed of masonry, stone, concrete
or similar material and placed in the rear or side yard of the principal
structure.
An individual, partnership, public association or corporation,
firm, trust, estate, municipality, governmental unit, public utility
or any other legal entity whatsoever, which is recognized by law as
the subject of rights and duties.
A residential use providing residential and support services
primarily to persons who are over age 60, and/or physically handicapped
and/or the developmentally disabled and that is licensed as a personal
care center by the Commonwealth of Pennsylvania and that does not
meet the definition of a "treatment center/clinic." (See "health facility.")
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated by a tax-exempt organization qualifying
under § 501(c)(3) of the Internal Revenue Code for nonprofit
and noncommercial purposes which people regularly attend to participate
in or hold religious services, meetings or functions, or religious
instruction.[2]
An outdoor structure that is attached to or projects from
the main building with a roof that is usually open at the sides.
[Added 10-19-2021 by Ord.
No. 479]
An establishment conducting the process or business of producing
printed material such as forms, newspapers, books and similar material
by means of ink and a printing press, photo copy machine, or similar
technology.
[Added 10-6-2008 by Ord.
No. 394]
An office used by a professional licensed by the commonwealth
such as doctors, dentists, lawyers, architects or engineers.
Any structure, building or use owned and operated by a government
body or agency, including such things as public schools, parks, civic
centers, municipal buildings; but excluding solid waste disposal facilities,
institutional uses, nursing homes, hospitals, and other uses specifically
defined by this chapter.
A formal meeting held pursuant to public notice by the Planning
Commission or the Borough Council, intended to inform and obtain public
comment, prior to taking action in accord with the Pennsylvania Municipalities
Planning Code.[3]
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7,
pertaining to open meetings and known as the "Sunshine Act."
Notice published once each week for two consecutive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A road course, either oval, circuitous or straight, where
motor vehicles, including, but not limited to, automobiles, trucks,
go-carts, motorcycles, motor scooters, dune buggies and the like are
driven for recreation, testing or competition; or, any course where
animals are raced for competition.
Outdoor or indoor areas or structures, operated by private
nonprofit or private commercial entities, open to the public, which
may contain entertainment and amusement devices or attractions, including,
but not limited to, picnic groves, animal farms, shooting ranges,
zoological parks, tennis and racquetball courts, ski areas, miniature
golf courses, golf driving ranges, and the like, but excluding golf
courses, theaters, public parks and playgrounds.
Parks, swimming pools, playgrounds, tennis courts, and other
recreational facilities owned and operated by the Borough, County,
school district, state, or federal government. See "public buildings
and uses."
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
not designed for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
A center for the collection and/or processing of recyclable
materials. Considered manufacturing for regulation by this chapter.
A recycling facility does not include storage containers or processing
activity located on the premises of a residential, commercial, or
manufacturing use and used solely for the recycling of material generated
by that residential property, business or manufacturer. Any facility
accepting or processing waste or other discarded materials which are
not recyclable as defined or authorized under this chapter shall be
considered a junkyard or solid waste facility as regulated by this
chapter.
A dwelling unit associated with a place of worship in which
reside individuals directly involved with the administration or function
of a place of worship, including clergy and staff and immediate family
members. Any religious quarters which house more than six persons
shall be considered a "group quarters."
Occupancy of a dwelling, generally for periods of more than
180 days, as opposed to temporary visits to bed-and-breakfast establishments,
motels, hotels, campgrounds and recreational vehicles, and which serves
as the legal address for the occupant. It also includes any dwelling
or structure where children who attend school reside.
An establishment that sells ready-to-consume food or drink
where at least a portion of patrons are served while the patrons remain
in their motor vehicles.
An establishment that sells ready-to-consume food or drink
and that routinely involves the consumption of at least a portion
of such food on the premises. A standard restaurant may include the
accessory sale of alcoholic beverages. However, if such sale is a
primary or substantial portion of the total trade, the requirements
of a tavern must be met.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods, and which is not otherwise
listed as a use in the Schedule of Uses.[4]
Land reserved for use as a street, drainage facility or other
public or community use. A right-of-way shall not be considered as
land area when computing lot size.
Not visible from any adjoining or neighboring property, any
public or private road right-of-way, or any other premises which is
accomplished by fencing, topography, berms, natural and planted vegetation
or other means approved by the Borough.
A dwelling unit manufactured in two or more sections designed
for permanent occupancy, and transported to a building site in sections
which are fastened together and mounted on a permanent foundation
ready for occupancy except for minor and incidental unpacking and
assembly operations. For purposes of this chapter, a sectional house
could be single-family detached, single-family attached or multiple-family
dwelling if said unit also meets the appropriate definition.
A building or use operated by nonprofit, community-based
organizations for the general use of Borough residents, including
churches, firehouses, ambulance buildings, private schools, libraries
and the like, but excluding institutional uses such as nursing homes,
hospitals, sanitariums and clinics. It shall also include essential
services and public utilities that require enclosure within any structure
or building.
An establishment engaged in providing services involving
the care or needs of a person or his or her apparel such as cleaning
and garment services, beauty and barber shops, shoe repair, dry cleaning
and laundries, photographic studios, photo finishing, etc., and which
is not otherwise listed as a use in the Schedule of Uses.
[Amended 10-6-2008 by Ord. No. 394]
The line which creates an area between said line and the
front, rear or side yard line within which no building, extension
or protrusion thereof may be erected.
A public utility system designed to collect and dispose of
sewage from customers in compliance with Pennsylvania Department of
Environmental Resources regulations or regulations of the Borough,
whichever may be more stringent.
A building or buildings designed to function as a unit and
used for a combination of office and retail purposes, or a combination
of purely retail uses, by more than one business or business entity.
Separate, but related, businesses owned and operated by exactly the
same persons shall not be considered multiple uses.
The use of a dwelling in which the owner rents any area of
the dwelling to one or more individuals for compensation or a fee,
including offer of exchange in kind, of any type (whether or not involving
overnight accommodations or separate sleeping quarters) for less than
30 consecutive days. This definition applies to all types of residential
dwellings and their accessory structures, including, but not limited
to, single-family detached residential, two-family residential, multifamily
residential, and residential properties commonly considered as seasonal
homes, vacation homes or tourist homes.
[Added 9-15-2020 by Ord.
No. 467]
A structure, device or display containing letters, words
and/or pictures which is designed to inform or attract attention and
impart a message to someone who sees the sign from outside the structure
where the sign is located.
A self-supporting, movable sign consisting of two faces connected
at the top.
[Amended 12-7-2009 by Ord. No. 404]
A sign on a building, in a Residential District, which directs
attention to a home professional office, home occupation or professional
office in such residential building.
A sign painted on or attached to the cover of a permanent
or moveable frame, of the hinged roll, or folding type of awning.
A sign made of cloth, plastic or similar material that is
hung over a public street of the Borough to advertise a special event
of public importance pursuant to the specific written approval of
the Borough Council.
A sign for a public, semipublic, charitable or religious
institution, bearing no advertising matter.
A sign which directs attention to a business or profession,
product or service conducted or sold upon the property where the sign
is displayed in the Commercial District.
A self-supporting, movable sign consisting of one face with
supporting legs or a supporting frame, or a sign displayed on an easel.
[Added 12-7-2009 by Ord.
No. 404]
A sign which is a part of, attached directly to, supported
by or painted upon a building wall or window.
A sign supported by, or suspended from, a freestanding column
or other support located in or upon the ground surface.
For the purpose of determining number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without an organized relationship
of elements, or where there is reasonable doubt about the relationship
of elements, each element shall be considered to be a single sign.
A sign which directs attention to a business, profession,
commodity, service or entertainment conducted, sold, or offered elsewhere
than upon the property and only incidentally upon the property if
at all. For the purposes of this chapter, a commercial billboard is
an advertising sign.
A sign projecting from the wall of a building, perpendicular
to the building upon which it is attached and the street upon which
the building fronts.
A sign, constructed of cloth, canvas, fabric, wood or other
similar material, with or without a structural frame, and intended
for a limited period of display.
A sign which is erected for a period not to exceed 90 days
prior to the issuance of a permit for a sign which complies with all
HARB requirements.
Temporary campaign signs shall be defined as signs appertaining
to campaigns, drives or events of political, civic, philanthropic,
educational or religious organizations.
Any sign visible through a window into the business establishment which are not exceptions under § 312-24C(9) or § 312-24S. In order to determine the number and size of permanent window signs, reference is made to the Schedule of Sign Regulations under business identification signs.
Any sign constructed of ink on paper, vinyl, removable window
paint, or similar temporary material which is placed in a business
establishment window for a limited period of time as defined herein
for the purpose of advertising a special event or promotion taking
place or to take place on the premises. In order to determine the
number and size of temporary window signs, reference is made to the
Schedule of Sign Regulations under temporary signs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A dwelling unit on a permanent foundation designed and occupied
as a residence for one family.
Any premises having more than 250 square feet dedicated to
marketing of tobacco, tobacco products, or tobacco paraphernalia.
[Added 8-6-2018 by Ord.
No. 456]
Any facility or operation of a private individual or firm
pursuant to the laws of the Commonwealth of Pennsylvania governing
the management and disposal of solid waste, including, but not limited
to, liquid, solid, toxic, hazardous and medical waste; and, including
but not limited to, transfer stations, solid waste landfills, incinerators,
medical waste disposal facilities, hazardous waste disposal facilities
and radioactive waste disposal facilities.
Any facility or operation of a public entity pursuant to
the laws of the Commonwealth of Pennsylvania governing the management
and disposal of solid waste, including, but not limited to, liquid,
solid, toxic, hazardous and medical waste; and including, but not
limited to, transfer stations, solid waste landfills, incinerators,
medical waste disposal facilities, hazardous waste disposal facilities
and radioactive waste disposal facilities.
Any garbage, refuse, industrial, lunchroom or office waste
or other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term shall also include any garbage, refuse, other discarded material
or other waste, including solid, liquid, semisolid or containing gaseous
materials resulting from industrial, mining, agricultural operations,
local facilities or any other byproduct or effluent from an industrial,
mining or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility or any other
material defined by the PA DEP as solid, liquid, municipal, medical,
industrial, toxic or hazardous waste.
Any parcel of property used for the transfer of solid waste
from one vehicle to another vehicle, at a location other than the
generation site, for transport to a solid waste facility; or which
is used for the parking or storage of vehicles and/or containers used
to transport solid waste; and which is not regulated by the PA DEP
as a solid waste transfer facility.
A use which, because of its unique characteristics, requires
individual consideration in each case by the Board and the Commission
before a Zoning Officer may issue a permit. The term "special exception"
shall include the term "special use."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Human genitals, pubic region, buttocks; and female breasts
below a point immediately above the top of the areola; and human male
genitals in a discernibly turgid state even if completely and opaquely
covered.
Any of the following:
A structure or land where horses are kept for remuneration,
hire, sale, boarding, riding or show, and which includes the commercial
hire of horses to the general public for riding or other purposes.
An accessory structure or use of land where horses are kept
for the sole use of the residents of the principal structure, and
which includes no remuneration, hire, boarding or other commercial
use.
That portion of a building included between the upper surface
of any floor other than a cellar floor and the upper surface of the
floor next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost floor
and the roof above. Any such portion of a building having a distance
of less than seven feet shall be considered to be a half-story.
The word "street" includes all lands established by dedication,
ordinance of Council or laid out upon the Borough plan as highway
and shall be synonymous with "roads," "avenues," "highways," and other
terms commonly applied to public highways.
The side-line (not the curbline) of a public or plotted street,
highway, lane or alley (including the sidewalk strip), as it abuts
on the private lot.
The wall of a building or part of the wall of an enclosed
structure nearest the street line.
Anything constructed or erected on or under the ground or
attached to the ground, including, but not limited to, buildings,
sheds, manufactured homes, and other similar items. This term includes
any man-made object having an ascertainable stationary location on
or in land or water whether or not affixed to land.
Any structure, the use of which requires permanent location
on the ground, or attachment to something having a permanent location
on the ground.
Any structure that is not permanently affixed to the ground
but is designed to be moved from place to place, including, but not
limited to, accessory structures constructed of metal frameworks with
plastic or cloth covering and containers used for as an accessory
structure.
An establishment or work space for the creation, manufacture,
and/or preparation of individually crafted art work, jewelry, furniture,
sculpture, pottery, art photography, leather craft, hand-woven articles,
and related items; it may also include the sale, loan, or display
of such items; or for the instruction of dance, art, music or similar
cultural pursuits.
Any reconstruction, rehabilitation, addition, or other improvement
of a 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 ensure safe living conditions;
or
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
Any body of water or receptacle for water having a depth
at any point greater than two feet, used, or intended to be used,
for swimming or bathing and constructed, installed or maintained in
or above the ground. A noncommercial swimming pool is one used or
intended to be used for swimming or bathing by any family or persons
residing on the premises and their guests. Such noncommercial swimming
pool shall be located on a lot only as an accessory use to the dwelling
or dwellings, hotel, motel, or membership club thereon.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and where the sale of food
may also occur.
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
A use (other than a detention facility or a permitted accessory
use in a hospital) providing housing facilities for persons who need
specialized housing, treatment and/or counseling for stays in most
cases of less than one year and who need such facilities because of:
A terminating point where goods are transferred from a truck
to a storage area or to other trucks, or picked up by other forms
of transportation.
A building containing not more than two individual family
or dwelling units.
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.[5]
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
The Board's authorized departure to a minor degree from the
text of this chapter in direct regard to a hardship peculiar to an
individual lot in accordance with the Pennsylvania Municipalities
Planning Code[6] and procedures set forth in this chapter.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, snowmobiles, machinery, trailers, farm
machinery and implements, and other wheeled equipment; boats; and
aircraft.
An establishment which rents vehicles and/or equipment to
the general public, and which may or may not include the repair of
the vehicles and equipment which is for rent. Equipment rental operations
conducted entirely within an enclosed building shall be considered
a retail business for the purposes of this chapter.
An establishment engaged in the service and/or repair of
any motor vehicle as its principal use, including, but not limited
to, auto body shops, repair garages, truck repair garages and agriculture
equipment repair.
The use of any building, land area or other premises for
the display and sale of new and used automobiles of operable condition;
panel trucks or vans; mobile homes or trailers; recreation vehicles;
or farm or construction equipment, including any warranty repair work
and other repair service as an accessory use. No business or facility
which generates less than 50% of its gross sales from the actual sale
of new or used vehicles or equipment of the type herein described
(excluding parts and repairs) shall be considered a vehicle and equipment
sales operation.
Any vehicle which is found unattended without the current
year's registration plates or inspection sticker as required by law
and/or any vehicle as to which any of the following conditions exist:
It has been so damaged by collision, accident or any other means
that it is inoperable for the purpose for which it was intended.
It does not have all of its material parts, including, but not
limited to, four tires and wheels, required headlights and tail lamps,
windshield, radiator, transmission, engine, windows and doors.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use and no outdoor kennels or pens are on
the premises.
Terminal facilities operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field and used for the storage of goods and materials.
A public utility system designed to transmit water from a
common source to customers, in compliance with Pennsylvania Department
of Environmental Resources and the Public Utility Commission regulations
or regulations of the Borough, whichever may be more stringent.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
Those areas that are inundated or saturated by surface 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, fens, and similar areas.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users, or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
Any species of animal whose natural or usual habitat within
Pennsylvania is either in the wild or in a zoo, as opposed to a domesticated
environment, regardless of whether such animal poses an actual or
apparent threat to persons, other animals or property.
An open space, as may be required by this chapter, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line and is unoccupied and unobstructed from the ground
upward except as herein permitted. As a minimum, where a new building
or structure is proposed, the yard will be determined by applying
the required setback lines for the appropriate zoning district.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building situated between
the nearest roofed portion of the building and the rear lot line of
the lot, and extending from side lot line to side lot line.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot, and extending
through from the front yard or from the front lot line where no front
yard exists, to the rear yard, or to the rear lot line where no rear
yard exists.
The Official Zoning Map shall be located in the Milford Borough
Municipal Building and shall be identified by the signature of the
President of the Borough Council of the Borough of Milford and shall
bear a seal and date of signature; the signature, date and seal shall
be affixed to each amendment to said Official Zoning Map.
The duly constituted municipal official designated to administer
and enforce the Zoning Ordinance of the Borough.
A collection of animals which are maintained in a park by
an educational, nonprofit or governmental entity.
[1]
Editor's Note: As of 1992, the Federal Fair Housing Act defined
"handicap" as follows: 1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2) a record
of having such an impairment, or 3) being regarded as having such
an impairment, but such term does not include current, illegal use
of or addiction to a controlled substance as defined in § 802
of Title 21. A use that would otherwise meet the definition of "group
home" but which includes more than the permitted number of residents
shall be considered a "group quarters," which is a distinct use.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
