Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
herein. Words used in the present tense include the future. The singular
shall include the plural, and the plural shall include the singular.
The word "building" includes the word "structure." The phrase "used
for" includes "arranged for," "designed for," "intended for," "maintained
for," or "occupied for." The word "person" includes an individual,
corporation, partnership, incorporated association, or any other similar
entity. The words "includes" or "including" shall not limit the term
to the specified examples but are intended to extend their meaning
to all other instances of like kind and character. The words "shall"
and "will" are mandatory and not discretionary, and the word "may"
is permissive. Terms not defined herein shall have the meanings customarily
assigned to them.
In this chapter, words, terms, and phrases shall have the following
meanings:
Where a building or land is abandoned for 12 consecutive
months or more, whereby the owner discontinues the maintenance, use,
or any activity, the building or structure shall be declared abandoned
and may be required to be removed. In the case of abandonment of a
nonconforming use, Part 10 applies.
A structure detached from a principal building on the same
lot and incidental and subordinate to the principal building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
Any establishment that permits patrons to hear, view, read,
lease, purchase, trade, or exchange and/or participate in activities,
publications, movies, videotapes, and/or live or televised performances
which have as their dominant theme or themes explicit sexual activities
and/or the exhibition of human anatomy which is not normally seen
in public or in other commercial or club-type operations which shall
exclude minors by virtue of age. Implicit in this definition are the
following: bookstores, movie theaters, restaurants, bars, and any
other operation which qualifies for inclusion by virtue of the above
wording, regardless of the type of other uses or operations which
may also be conducted on or in the property or properties involved.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress and egress, or any enlargement to or diminution of a building
or structure, or the moving of a building from one location to another.
Modifications to an existing structure that are of a cosmetic
nature, replacement of utilities, or rearrangement of non-load-bearing
partitions.
Amusement and recreational services that are wholly enclosed
in a building.
Any device or mechanism used in the collection, transmission,
routing, or receiving of telecommunications transmissions, radio signals,
or radio frequency energy, including, but not limited to, use by or
provisions of wireless communications, cellular communications, and
personal communications services.
The characteristic form, design, construction method, and
architectural features associated with a broad cultural pattern and
span of years when those building characteristics first appeared and
were prevalent.
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a period of time.
General repair, rebuilding, or reconditioning of engines,
motor vehicles, or trailers, including bodywork, welding, and major
painting service.
The replacement or repair of any automobile part that does
not require removal of the engine head or pan, engine transmission,
or differential but may include incidental body and fender work, minor
painting, and upholstery service.
An enclosed area located partly or completely below grade.
A basement shall be considered a story for the purpose of height measurement
if the basement ceiling is five feet or more above the average grade
level around the building.
A strip of land on which no parking areas, driveways, or
structures are permitted adjacent to the existing lot line to establish
a separation between uses.
Any structure, either temporary or permanent, having a roof
or other covering and designed or used for shelter or enclosure of
any person, animal, property, or equipment of any kind.
The ratio obtained by dividing the ground floor area of all
principal and accessory buildings on a lot by the total area of the
lot upon which the buildings are located.
The vertical distance measured from the average level of
the ground surrounding the structure to the top of the highest point
of the roof for flat roofs and to the ridge for gable, hip, and gambrel
roofs. Chimneys, spires, towers, steeples, mechanical equipment, tanks,
vessels, antennas, and similar projections of the buildings not intended
for human occupancy shall not be included in calculating the height,
unless specifically stated otherwise in this chapter.
A line parallel to the street right-of-way line touching
that part of a building closest to the street.
Written permission issued by the proper municipal authority
for the construction, repair, or alteration of or addition to a structure.
A line parallel to the street right-of-way line at a distance
that is equal to the depth of the front yard required for the district
in which the lot is located.
A document issued by a duly authorized local authority allowing
the occupancy of a building and certifying that the structure or use
has been constructed or will be used in compliance with all applicable
local codes and ordinances.
A group organized for lawful purposes other than generating
a profit, such as charitable, educational, political, social, trade,
cultural, scientific, professional, or any similar organization.
An establishment providing for the care, supervision, and
protection of children.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
A facility used for recreational, social, educational, and
cultural activities.
A dwelling, licensed by the appropriate state agency, shared
by persons requiring special care and their supervisors, who live
together as a single housekeeping unit in a family-like environment.
The facility is designed to create a residential environment for the
developmentally disabled, handicapped, or similar groups unable to
live without supervision. The maximum number of residents in a facility
shall not exceed three, which is the maximum number of unrelated persons
permitted in a "family." See definition of "family."
A comprehensive long-range plan intended to guide the growth
and development of a community or region and one that includes analysis,
recommendations, and proposals for the community's population,
economy, housing, transportation, community facilities, land use,
and related areas.
A use which, because of its potential for impact on the community at large, is permitted by the Borough Council following a recommendation by the Borough Planning Commission and a Council-hosted public hearing, if it is found that the applicable standards and criteria stated in §§ 27-707, 27-1002 and 27-1006 have been met.
A building or group of buildings in which dwelling units,
offices, or floor area are owned individually and the structure, common
areas, and facilities are owned by all of the owners on a proportional,
undivided basis.
A change in the use of a building, such as the change of
a single-family dwelling into a two-family dwelling or the change
of a residential or retail use to offices. Such change may be accomplished
without subdivision or the introduction of a new owner. Where the
use and dimensional regulations of this chapter permit, such conversion
may be accomplished by appropriate alteration upon the issuance of
the necessary permits.
The maximum number of dwelling units per gross acre permitted
by this chapter. This term refers to all of the land within the boundaries
of a particular area, including streets, rights-of-way, easements,
etc.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision,
land development, or any other development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, streets
and other paving, utilities, dredging, filling, grading, excavation,
or drilling operations and the subdivision of land.
A private roadway providing access to a street or highway.
Driveways may be paved or unpaved and are not considered streets,
roads, or highways.
One or more living or sleeping rooms, together with separate
cooking and sanitary facilities, which are accessible from the outdoors,
either directly or through an entrance hall shared with other dwelling
units.
A building designed and used exclusively as a residence for
three or more families living independently of one another. As defined,
this dwelling type will include quadplexes and apartments.
A building designed and occupied exclusively as a residence
for one family, but not including mobile homes.
A building designed for and occupied exclusively as a residence
for only one family, with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which
are attached side by side by means of a party wall, with each dwelling
unit having only one side yard.
A building designed and occupied exclusively as a residence
for two families living independently of one another, such as duplex
dwellings.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within a building.
Exterior walls of a building or structure that are adjacent
to or front on a public street, park, or plaza.
Any number of individuals living together as a single housekeeping
unit when said individuals are related by blood, marriage, or adoption,
including foster children; or not more than three unrelated individuals
living together as a single housekeeping unit with single kitchen
facilities.
A home, other than the child's own home, operated for
profit or not-for-profit, in which child care is provided at any one
time to four, five, or six children unrelated to the operator.
The gross floor area of all buildings or structures on a
lot divided by the total lot area.
The preparation, packaging, separation, shrink-wrapping,
and vacuum-sealing of food items for the purpose of later consumption;
or the preparation, cooking, and baking of raw food items, generally
in large quantities, for transport to off-site locations for consumption.
A group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings,
rituals, and formal written membership requirements.
Any building located within a development site which is separate
from any group or cluster development on such site and which shall
comply with the regulations of the district in which it is located.
A structure that is accessory to a single- or two-family
dwelling, is used for the parking and storage of vehicles owned and
operated by the residents thereof, and is not a separate commercial
enterprise available to the general public.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may include facilities for lubricating,
washing, or otherwise servicing motor vehicles, but which shall not
include painting or body and fender repairs.
The effect produced by light from a luminaire with an intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
The premises in which care is provided at one time for more
than six but fewer than 16 older school-age-level children or more
than six but fewer than 13 children of another age level who are unrelated
to the operator. The term includes a facility located in a residence
or another premises.
Those chemicals or substances which are defined as "physical
hazards" or "health hazards" in the most recently adopted version
of the Uniform Construction Code.
A classification of a chemical for which there is statistically
significant evidence that acute or chronic health effects are capable
of occurring in exposed persons. The term "health hazard" includes
chemicals that are carcinogens, toxic or highly toxic agents, reproductive
toxins, neurotoxins, agents which are capable of acting on the hematopoietic
system, and agents which damage the lungs, skin, eyes, or mucous membranes.
Any activity carried out for gain by a resident and conducted
in the resident's dwelling unit.
Any use that poses a health hazard, a significant threat
from fire, or involves the use of hazardous materials in any way that
could endanger persons or property in the event of accidental discharge
or combustion.
Any use whose impact is not heavy, as herein defined.
The coverage of the lot or tract area by materials that prevent
the percolation of water into the soil and generate stormwater runoff,
such as buildings, streets, parking areas, driveways, and any other
similar surfaces.
Industrial processes where the finished item, material, or
product does not exceed 15 cubic feet, which are conducted in an enclosed
building and comply with all performance standards listed in Part
11. No deliveries shall be made in trucks having more than one rear
axle.
An area landscaped with grass, ground cover, shrubs, or similar
plantings placed where required by this chapter and permanently maintained.
An establishment providing washing, drying, or dry-cleaning
machines on the premises for rental use to the general public.
A place containing books for reading, study, and research.
An off-street space or berth for the loading or unloading
of commercial vehicles. Such spaces shall comply with Part 8, Parking.
A parcel of land on which a main building and any accessory
building are or may be placed, together with the required open space
and setbacks.
The total horizontal area within the lot lines of a parcel.
That percentage of a lot that is covered by all combined
structures, paving, or any impervious surfaces. Also see definition
of "impervious surface."
The distance along a straight line measured from the midpoint
of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot that divides one lot
from another lot or from a public or private street or any other public
space.
The line separating the lot from the street right-of-way.
Any lot line except the front lot line which is parallel
to, or within 45° of being parallel to, the front lot line and
does not intersect any street line, except in the case of corner lots.
Any lot line that is not a front or rear lot line.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building setback line.
A lot bounded by intersecting streets on at least two sides.
Both yards adjacent to streets shall be considered front yards.
The smallest allowable lot area as established by this chapter
on which a use or structure may be located in a particular district.
A group of commercial, retail, or personal-service uses arranged
in a strip-like fashion with individual frontages and entrances, or
enclosed in one building with internal frontages and shared entrances
on the exterior of the building.
A building designed or converted to accommodate three or
more commercial tenants. Each tenant shall operate a use that is permitted
in the district where the building is located.
Structures for which construction was started after the effective
date of this chapter and includes any subsequent improvements to such
structures.
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 building or structure that does not comply with the provisions
of this chapter, as amended, where such building or structure lawfully
existed prior to the effective date of this chapter or of amendments
thereafter.
Any lawful lot that does not conform to one or more of the
applicable provisions of the district in which it is located either
on the effective date of this chapter or of amendments thereafter.
A use, whether of land or a structure, which does not comply
with the applicable provisions of this chapter, where such use was
lawfully in existence prior to the effective date of this chapter
or amendments thereafter.
A required permit allowing the use of a building or structure
after it has been determined that all of the requirements of applicable
ordinances have been met.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants,
and their guests.
Land within or related to a development, not individually
owned or dedicated for public use, that is designed and intended for
the common use or enjoyment of the residents of the development and
their guests and that may include such complementary structures and
improvements as are necessary and appropriate.
A tract of land owned or controlled and used by specific
and designated entities or persons for active and/or passive recreational
purposes.
A tract of land owned by a branch of government and available
to the general public for recreational purposes.
An off-street, ground-level, open area that provides temporary
storage for motor vehicles.
A reasonably level space, having a surface slope not exceeding
6%, used for parking a motor vehicle. Such space shall have an area
as listed in Part 8, which shall be exclusive of passageways, driveways,
or other means of circulation or access.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also
cited as 53 P.S. § 10101 et seq., or any subsequent Act
of the Commonwealth of Pennsylvania that replaces, supplements, or
repeals any or all of the provisions of Act 247.
Written municipal permission, issued by the appropriate local
official, empowering the holder thereof to do some act not forbidden
by law but not permitted without such authorization.
A business engaged in providing services involving the care
or appearance of a person, his or her clothing, or similar personal
needs. Included in this definition are beauty salon, shoe repair,
fitness club, laundry or cleaner, or similar establishment, but not
including tattoo parlor, massage parlor, or body-piercing establishment.
A chemical that is a combustible liquid, compressed gas,
cryogenic, explosive, flammable gas, flammable liquid, flammable solid,
organic peroxide, oxidizer, or unstable or water-reactive material.
A strip of required yard space adjacent to the boundary of
a property or district which shall be landscaped for the full width
(or as otherwise specified) and on which is located a screen of sufficient
density and height to constitute an effective screen and to give immediate
visual screening to an abutting property or district. The required
screen shall constitute a planting of dense evergreens or a compact
evergreen hedge or, where otherwise specifically designated, an appropriately
scaled and designed wall, fence, or natural landscaping, or combination
thereof.
A strip of trees, hedges, or other plantings adjacent to
the boundary of a property which, at the time of planting, shall be
not less than six feet high and of sufficient density to constitute
an effective visual screen and thereby give visual protection to abutting
properties. Such screen shall consist primarily of dense evergreens
that shall be planted not farther than seven feet from one another
and shall be permanently maintained. Deciduous trees may be added
to create interest and variety.
An active recreational area with a variety of facilities,
including equipment for younger children as well as court and field
games.
A building or use which is the primary building or use on
a lot as distinguished from a building or buildings relating to an
accessory, incidental, or subordinate use. The primary purpose for
which land, a building, or a subordinate structure or the use thereof
is designed, arranged, or intended.
The office of a member of a recognized profession maintained
for the conduct of that profession.
Buildings, structures, and facilities including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all buildings and
structures relating to the furnishing of utility services such as
electric, gas, telephone, water, sewer, and public transit to the
public.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, or fields.
Activities that involve relatively inactive or less-energetic
activities, such as walking, sitting, picnicking, or board and table
games.
A place designed and equipped for the conduct of sports,
leisure-time activities, and other customary and usual recreational
activities.
A structure or place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held.
Any restaurant where the customer is normally served the
food or beverage by a restaurant employee at the table or counter
at which said items are consumed or a cafeteria-style operation where
food or beverages are consumed on the premises.
General merchandise and other stores selling consumer-oriented
goods at retail, including department stores, five-and-ten variety
stores, drugstores, sporting goods shops, shops offering wearing apparel
and accessories, gift shops, camera stores, antique shops, music stores,
newsstands, tobacco stores, flower shops, jewelry stores, luggage
and other leather goods stores, hobby shops, and other stores of the
same general character.
A one-story retail store containing less than 3,500 square
feet of gross floor area and being open 15 to 24 hours per day. It
is designed to attract and depends on a large volume of stop-and-go
traffic. Examples of retail convenience stores are the "Wawa" and
"7-11" chains.
Land acquired by reservation, dedication, prescription, condemnation,
or other legal manner and occupied or intended to be occupied by a
street, crosswalk, electric transmission line, oil or gas pipeline,
water line, watercourse, or similar uses.
The line that forms the boundary of a right-of-way.
The line that marks the highest point of the roof. This term
is applicable to roofs other than flat roofs.
The line the marks the lowest point of the roof.
An antenna, together with all attachments and parts, the
purpose of which is to receive communication from orbiting satellites.
Any building or part thereof that is designed, constructed,
or used for education or instruction in any branch of knowledge.
The specific jurisdiction administered by the elected or
appointed body of a state, county, or other local governmental unit
to provide educational services to its resident population.
Any school that is licensed by the state and meets the state
requirements for elementary education.
A school supported, controlled, and operated by a religious
organization.
Any building or group of buildings, the use of which meets
state requirements for elementary, secondary, or higher education
and which does not secure the major part of its funding from any governmental
agency.
Any school that is licensed by the state and authorized to
award diplomas for secondary education.
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
Any barrier intended and designed to shield properties and
uses from other uses or activities having a different sound and other
impacts (e.g., screening of industrial uses or activities from nearby
residential structures).
The distance between the street right-of-way line or a lot
line and any building on a lot or tract.
The minimum distance from the street right-of-way line or
any other lot line that establishes the area, commonly known as the
"building envelope," within which the principal structure must be
erected or placed.
An accessory structure or building used primarily for storage
purposes.
A group of commercial establishments planned, constructed,
and managed as a total entity, including both attached buildings and
freestanding buildings, with customer and employee parking provided
on site.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, or planted that
exceeds a height of three feet so as not to limit or obstruct the
sight of motorists entering or leaving the intersection.
Any object, device, display, or structure or part thereof
situated outdoors or indoors that 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. See additional definitions
in Part 7.
A use permitted in a particular district(s) pursuant to review
by the Zoning Hearing Board, in accordance with Articles VI and IX
of the MPC and Parts 5 and 13 of this chapter.
A public or private way used or intended to be used as a
means of vehicular and pedestrian travel and access to abutting properties
and space for public utilities that is improved in compliance with
all Borough requirements for public or private streets.
The length of a property line bordering a public right-of-way.
The line dividing the street and the abutting property. The
street line shall be the same as the street right-of-way line.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
The workshop of an artist, sculptor, photographer, or craftsperson.
Any body of water, tank, or receptacle of water having a
depth at any point of greater than two feet, used or intended to be
used for swimming or bathing solely by the owner, his family, and
guests of the household, and constructed, installed, established,
or maintained outside any building in or above the ground upon any
premises as an accessory use to the residence.
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board and may include the sale of food as an accessory use.
A building or part of a building used to show motion pictures
or for drama, dance, or other live performances.
An area, lot, parcel, site, or property which is the subject
of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract
area shall be measured to the ultimate right-of-way line of public
streets.
A movable structure located at or near a work or construction
site for storage or other purpose related to or supporting construction
or office activity. Such trailers shall not be used for storage, office
purposes, or similar uses unless they are located on or within 100
feet of a construction site. Such trailers shall be temporary uses
that require a permit from the Borough.
Relief granted by the Zoning Hearing Board pursuant to Articles VI and IX of the MPC and Part 13 of this chapter.
A parcel of land containing a tower, sending and receiving antennas
attached to the tower, and a prefabricated or modular structure or
cabinets containing electronic equipment;
A Federal Communications Commission (FCC)-licensed facility
designed and used for the purpose of transmitting, receiving, and
relaying voice and data signals from various wireless communication
devices and equipment.
For purposes of this chapter, amateur radio transmission facilities
and facilities used exclusively for receive-only antennas are not
classified as wireless telecommunications towers and facilities.
See additional definitions in Part 9.
An unobstructed open space on the same lot with a principal
building that extends from a street line or lot line inward to the
principal building.
A yard extending the full width of the lot, the depth of
which extends from the front lot line to the nearest point of the
principal building.
The area between the parking lot or an interior driveway
in a development and a principal building(s).
The area between the public street abutting a development
and a principal building(s).
A yard extending the full width of the lot, the depth of
which extends from the rear lot line to the nearest point of the principal
building.
The open space between a lot line and the buildable area
or "building envelope" within which the principal structure must be
erected or placed.
A yard extending between the inside lines of the front and
rear yards and extending in width from the side lot line to the nearest
point of the principal building.
An ordinance that divides the Borough into areas or zones
that specify allowable uses for real property and size and locational
restrictions for buildings within these areas.
Written permission issued by the Zoning Officer or other
appropriate municipal official empowering the holder thereof to erect
or alter a building or structure, including signs and fences, to change
the use of a building or land, or to change or extend a nonconforming
use.
