[Ord. 559, 6/20/1959, Section 201; amended by Ord. 599, 9/3/1961,
Section 7; Ord. 559, 9/13/1961, Section 7; Ord. 767, 9/28/1970; Ord.
807, 8/14/1972, Section 2; Ord. 807, 8/30/1972, Section 1; Ord. 822,
4/5/1973, Section 1; Ord. 850, 5/6/1974, Section 1; Ord. 850, 5/7/1974,
Section 1; Ord. 878, 9/9/1975, Section 1; Ord. 940, 8/9/1978, Section
3; Ord. 932, 3/7/1978, Section 1; Ord. 941, 9/11/1978, Section 127;
Ord. 943, 10/4/1978, Section 1, 2; Ord. 952, 1/10/1979, Section 1;
Ord. 961, 9/11/1979, Section 1(A); Ord. 973, 4/21/1980; Ord. 979,
9/21/1980; Ord. 981, 11/3/1980, Section 1, 2, 3.b; Ord. 998, 3/6/1981;
Ord. 1021, 3/2/1982, Section 1; Ord. 1029, 6/14/1982, Section 1; Ord.
1034, 12/10/1982, Section 1; Ord. 1056, 8/3/1983, Section 2; Ord.
1058, 9/14/1983, Section 1; Ord. 1073, 4/11/1984, Section 1; Ord.
1079, 4/11/1984, Section 1; Ord. 1110, 4/16/1985, Section 1; Ord.
1112, 8/15/1985, Section 1; Ord. 1177, 5/27/1987, Section 1; Ord.
1264, 12/8/1989, Section 1; Ord. 1289, 8/14/1990, Section 1; Ord.
1318, 3/14/1991, Section 3; Ord. 1326, 5/8/1991, Section 10; Ord.
1331, 5/8/1991; Ord. 1371, 5/6/1992, Section 7; Ord. 1380, 7/22/1992,
Section 5, 6 and 7; Ord. 1390, 9/14/1992, Section 3; Ord. 1401, 1/11/1993,
Section 1; Ord. 1410, 4/22/1993, Section 2; Ord. 1423, 12/8/1993,
Section 5; Ord. 1423, 12/9/1993, Section 5; Ord. 1448, 7/11/1994,
Section 4; Ord. 1490, 2/5/1996; Ord. 1491, 2/8/1996; Ord. 1526, 3/25/1997,
Section 5; Ord. 1529, 5/5/1997, Section 1; Ord. 1537, 8/27/1997, Section
1; Ord. 1549, 11/19/1997, Section 1; Ord. 1588, 2/18/1999, Section
2; Ord. 1619, 4/3/2000; Ord. 1654, 3/24/2001, Section 1, 2; Ord. 1671,
8/15/2001, Section 3; Ord. 1709, 10/15/2002, Section 12; Ord. 1771,
2/19/2004, Section 1; Ord. 1777, 4/27/2004, Section 1; Ord. 1780,
5/6/2004; Ord. 1788, 7/14/2004, Section 1; Ord. 1821, 11/9/2005, Section
13; Ord. 1822, 11/9/2005, Section 2; Ord. 1854, 10/16/2006, Section
1; Ord. 1872, 6/18/2007, Section 9; Ord. 1944, 12/7/2009; Ord. 1950,
5/3/2010, Section 1, 2; Ord. 1972, 8/15/2011, Section 1; Ord. 2023,
8/19/2013, Section 9; Ord. 2099, 8/21/2017, Section 1]
For the purpose of use in this chapter, the following terms
and words are herein defined. Words used in the present tense include
the future tense; the singular number includes the plural and vice-versa;
the words "used for" or "used by" include the meaning "designed for"
or "redesigned for."
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters,
or similar structures.
[Added by Ord. No. 2167, 11/8/2021]
An establishment, having as a substantial or significant
portion of its stock-in-trade (for sale or rental), books, magazines
and other materials which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined herein.
Any adult bookstore, adult cabaret or adult mini-motion-picture
theater, as defined below, and which, under the State Obscenity Code,
must exclude minors or may not knowingly disseminate to minors.
A cabaret, tavern, theater or club which features strippers,
male or female impersonators or similar entertainers who exhibit,
display or engage in nudity, sexual conduct or sadomasochistic abuse,
as defined by the State Obscenity Code.
An enclosed building offering video presentations distinguished
or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons within private viewing booths and/or
by use of token or coin operated viewing booths and/or by use of token
or coin-operated projectors or other video machines.
Any business, indoor or outdoor, which exhibits a motion
picture show or other presentation which, in whole or in part, depicts
nudity, sexual conduct, or sadomasochistic abuse as defined in the
State Obscenity Code.
Form provided by the Borough Secretary of the Borough of
State College. By signing it, two people swear under penalty of perjury
that they meet the requirements of the definition of domestic partnership
when they sign the statement. The form will require each partner to
provide a mailing address.
The traveled path through an off-street parking area adjacent
to or along rows of parking stalls.
A public way less than 33 feet in width, designated as an
alley on a recorded plot or dedicated as such in a deed.
Any change or rearrangement in the structural parts or in
the exit facilities of a building except such change as may be required
for its safety; or any additional enlargement whether by extending
or by increasing in height; the moving from one location or position
to another; or any change in use from one district classification
to another.
Any change in the supporting members of a building or structure,
such as bearing walls, bearing partitions, columns, beams or girders,
or the enclosure of any previously open space. However, the enclosure
or rehabilitation of a covered porch shall not be deemed to be a structural
alteration provided that no change occurs to the design of supporting
members of the porch roof or the roof itself.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Amended by Ord. No. 2167, 11/8/2021]
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves including, but not limited to,
directional antennas such as panels, microwave dishes and satellite
dishes, and omni-directional antennas, such as whip antennas.
The median income level for the State College Metropolitan
Statistical Area, as established and defined in the annual schedule
published by the Secretary of the U.S. Department of Housing and Urban
Development, adjusted for household size.
Any business establishment engaged in artistic productions,
in creating artistic works and productions, including graphic design,
and cultural works or productions or in providing technical expertise
necessary for these productions.
An unroofed platform that projects from the wall of a building
and is enclosed by a parapet or railing.
A building, or portion thereof, providing, for compensation,
sleeping accommodations and breakfast for transient guests. In residential
districts, bed-and-breakfast establishments are defined as home occupations;
in other zoning districts, where permitted, bed-and-breakfast establishments
may be primary or accessory uses.
Standards adopted by the Institute of Noise Control Engineering
of USA. "Best engineering practice" may also include techniques recommended
by the manufacturer of the equipment causing the noise disturbance.
The length of a street between two street intersections.
A structure having a roof supported by columns or walls for
the housing or enclosure of persons, animals, or chattels. (see also
"Structure")
A detached subordinate building, the use of which is customarily
incidental to that of the main building and which is located on the
same lot occupied by the main building.
The vertical distance from curb level at the center of the
building to the highest part of the roof surface on a flat roof, and
to the mean height between eaves and ridge for gable, hip, or gambrel
roofs. For buildings set back more than 15 feet from the street line,
the height of the building may be measured from the average ground
elevation of existing grade along the front of the building.
A building in which is conducted the principal use of the
lot on which it is located.
See "floor area (gross)."
[Added by Ord. No. 2183, 6/6/2022]
Refers to the building's outline at grade level formed by
the outside edges of all foundation walls or, in the absence of foundation
walls, by the basement or ground-(first) story walls.
The linear length of all ground-floor walls facing or exposed
to any public right-of-way, plaza or arcade.
A line which established the minimum depth of front yard
and for the particular district as measured from the street line.
A cafe at which cats may be adopted by patrons during normal
business hours and boarded during off-business hours. All cats made
available for adoption at the cat cafe shall be obtained from an animal
rescue organization, shall be spayed or neutered, and shall have received
all required vaccinations prior to being permitted at the cat cafe
premises. While at the premises, cats shall be boarded during off-business
hours and shall have their litter boxes and food in physically separate
quarters from the areas in which food and beverages are prepared and/or
served for patrons.
[Added by Ord. No. 2134, 12/2/2019]
An area defined by the north property line on College Avenue,
the south property line on Beaver Avenue, the west property line on
Atherton Street, and the east property line on Sowers Street. The
distance separating these lines is called the central business district.
As defined and updated by the Building Owners and Managers
Association which describes building with Class A space represent
the highest quality buildings and include: Rents above average for
area, compete for premier tenants, high quality finishes, state of
the art systems, exceptional accessibility and market presence.
A combined office for doctors, dentists, and associated technicians,
but not including the care of patients except on an out-patient basis
and not including hospital patient service or nursing home.
The nonprofit use of land and structures for social activities
among group members and their guests.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe, or other public place.
The mounting of one or more WCFs, including antennas, on
a pre-existing structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added by Ord. No. 2167, 11/8/2021]
The nonprofit use of land and structures for social and community
service activities, including recreational programs, professional
counseling services, and/or human service agencies and programs, provided
that the sale of intoxicating beverages on the premises be prohibited.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
A building identified as "contributing" on the map of any
of the Borough's National Historic Registered Districts or a building
listed in the Historic Resources of the Centre Region, 1982, prepared
by the Centre Region Planning Commission.
Small stores which retail food and non-alcoholic beverages
to the immediately surrounding population. These stores are not permitted
to sell gasoline or other motor fuels.
A golf course, excluding a miniature golf course, and associated
buildings and auxiliary uses, whether public or private, for profit
or not-for-profit.
A discontinuity in a street curb's line which has a width
defined by the distance between the points at which the tangent of
the two curb's radii is parallel with the street.
The level of the established curb in front of the building
measured at the center of such front.
A premises in which out-of-home care is provided to four
or more elderly or disabled adults for part of a twenty-four-hour
day, excluding care provided by relatives. Care includes personal
assistance in the activities of daily living, the development of skills
for daily living and providing social contact to reduce isolation
and loneliness.
Any place, including an occupied single-family residence
(but not including an apartment or town-house or similar group dwelling
where residents not associated with the center live) which receives
children for day care where the number of children receiving day care
exceeds the number of children which can be handled by two staff members
in accordance with Pennsylvania regulations governing child day-care
centers.
A premises in which out-of-home care is provided to three
or less elderly or disabled adults for part of a twenty-four-hour
day, excluding care provided by relatives.
An occupied single-family residence in which the occupant(s)
of that dwelling provide(s) child day care service for more than five
children, but not in excess of the number of children which two staff
members can handle in accordance with Pennsylvania regulations.
A flat-floored, roofless area, usually built above grade
and adjoining a building.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of manufactured homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations
and land development.
Domestic Partners are two adults who have chosen to share
one another's lives in an intimate and committed relationship of mutual
caring. The requirements to be domestic partners are:
The two must live together;
The two must agree to be jointly responsible for each other's
basic living expenses during the Domestic Partnership;
Neither person may be married or a member of another domestic
partnership;
The two must not be related in a way which would prevent them
from being married to each other;
Both must be over 18;
Neither person may be claimed as a dependent by any other party
for tax purposes;
The two must sign an Affidavit of Domestic Partnership on a
form provided State College Borough or have submitted a uniform declaration
of domestic partnership form as provided for in the State College
Borough Domestic Partnership Registry.
Any restaurant where food or beverages are served to the
occupants of a motor vehicle while seated therein, either through
a drive-in window or by service from an attendant waiting on occupants
within a motor vehicle.
A corridor which provides motor vehicles access from a street
into a lot.
A building or portion thereof arranged or designed to provide
living facilities for one or more families, but not including hotel,
tourist home, automobile court, or rooming or boarding house.
A group of two or more one-family, two-family, multiple or
multiple-row dwellings occupying a lot in one ownership and having
any yard, court or service in common.
A building or portion thereof containing or designed to contain
three or more separate dwelling units with or without common access
facilities.
A detached building designed for and used exclusively for
occupancy by one family.
A building divided by party walls into three or more distinct
and non-communicating parts, each of which may be a single dwelling
unit or two such units, one above the other.
A building designed for and used exclusively for occupancy
by two families living independently of each other, including a duplex
(1 dwelling unit above the other), or a double house (1 dwelling unit
beside the other).
One or more living or sleeping rooms together with exclusive
cooking and sanitary facilities for one person or one family.
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added by Ord. No. 2167, 11/8/2021]
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added by Ord. No. 2167, 11/8/2021]
An unlimited number of persons related by blood (within and
including the degree of first cousin), marriage or adoption (including
foster children) living together in a dwelling unit, but not including
a living arrangement otherwise defined in this chapter as a Student
Home. Other persons not included in the foregoing definition are called
unrelated persons.
Federal Communications Commission.
[Added by Ord. No. 2167, 11/8/2021]
The roadways, streets, and traffic ways within a given subdivision
or land development that provide fire apparatus access within the
subdivision or land development. Public and private streets, traffic
ways, fire lanes and driveways or other access roads may be so designated.
The Chief of the Alpha Fire Company or a duly authorized
representative.
Any hose connection used to supply water to a built-in fire
protection system.
The flow rate of a water supply, measured at 20 pounds per
square inch (psi) residual pressure that is available for fire fighting.
A relatively flat or low land area 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 service waters from any source.
[Amended by Ord. No. 2183, 6/6/2022]
A pet that is temporarily housed and cared for by a volunteer
for a formal organization for no compensation.
An organized living arrangement within a building having
common dining and kitchen facilities and multiple bedrooms where residents
are students of the Pennsylvania State University (hereinafter called
University) and are members of a University recognized fraternity
or sorority. University recognition shall be determined by the University
through its procedures as may be established from time to time. A
recognized fraternity or sorority shall only be in a single location.
Property owners seeking designation as a fraternity must submit written
confirmation from the University that the sorority or fraternity is
recognized. In addition to University recognition, a fraternity or
sorority is only permitted in buildings where fraternity occupancy
is either currently permitted under the zoning ordinance or is a validly
existing nonconforming use as a fraternity or sorority. Fraternities
shall be subject to other appropriate municipal regulations.
Non-fraternity members may reside in a fraternity or sorority
house provided the number of non-fraternity residents does not exceed
the number of fraternity member residents, with the exception that
during semester breaks and during the months of June, July and August,
nonmember residents may exceed member residents in number.
An accessory building or part of a main building used for
the storage of motor vehicles as an accessory use when the storage
space does not exceed (a) for any one-family dwelling: three vehicles
(not more than one of which may be a non-passenger vehicle); (b) for
any two-family dwelling: two passenger vehicles per dwelling unit;
(c) for any other dwelling: passenger vehicles, not more than one
per dwelling unit in the dwelling. [Note: See § 19-501.l(5)
for an exception to the above referenced capacity applicable to attached
garages at one-family dwellings in the RI Zoning District.]
[Amended by Ord. No. 2141, 6/1/2020]
A geographically-defined area or thematically-defined group
which includes such historic sites, landmarks, buildings, structures
or objects as the Secretary of the Interior or the Pennsylvania Historic
and Museum Commission may determine to be appropriate for historical
preservation.
See "Housing (Inclusionary Unit).
A building or group of two or more detached or semidetached
buildings containing rooms or apartments with automobile parking directly
in conjunction there- with which is designed, intended and/or used
primarily for the providing of sleeping accommodations for automobile
travelers.
A building or portion thereof other than a hotel where meals
and lodging are provided for more than four persons for compensation
for a consecutive period exceeding seven days.
A residential building or complex of buildings with dwelling
units specifically designed for the use of and occupied by any person(s)
55 years of age or older and their spouse and dependent relatives,
or any person(s) less than 55 years of age who has a record of or
is regarded as having a physical or mental impairment that substantially
limits one or more of the major life activities of that person(s)
and their spouse and dependent relatives and live-in caregivers. Impairment
does not include those exemptions listed in the Americans with Disabilities
Act of 1990.
Any building or portion thereof containing 10 or more rooms
providing lodging and usual meals for the public, especially for transients.
Housing with a sales price or rental amount within the means
of a household that may occupy very low-, low-, moderate- and middle-income
housing. In the case of dwelling units for sale, inclusionary housing
in which mortgage, amortization, taxes, insurance, and condominium
or association fees, in any, constitute no more than 30% of such gross
annual household income for a household of the size that may occupy
the unit in question. In the case of dwelling units for rent, inclusionary
means housing for which the rent and utilities constitute no more
than 30% of such gross annual household income for a household of
the size that may occupy the unit in question.
A resident facility for the elderly providing a wide variety
of services depending on the individual's need, including independent
living units in association with the home.
See "Personal Care Boarding Homes for Adults".
Any building or portion thereof in which lodging is provided
for more than four lodgers or guests for seven consecutive days or
more and for compensation. The term "rooming house" shall be deemed
to include: lodging house and boarding house, but not hotel, tourist
home, or automobile court.
A dwelling in which sleeping accommodations in less than
10 rooms are provided or offered for transient guests as a generally
continuous practice for compensation.
See "Trailer (House)".
A written agreement between an applicant for a development
and the Borough of State College containing specific requirements
to ensure the continuing affordability of housing included in a development.
The inclusionary housing agreement shall contain the following
information:
Location, zoning designation and ownership of the residential
project;
The number of inclusionary units that the applicant is responsible
to provide at each income level;
The exact location of the inclusionary units (i.e., identify
specific lots for affordable for-sale units and site or parcel for
multifamily rental projects);
The dwelling unit mix and square footage of the inclusionary
units as compared to dwelling unit mix and square footage of the market-rate
units;
Term of affordability for the inclusionary units;
Scheduling and phasing of construction of inclusionary units;
Identification of applicant-funded subsidy or financial assistance,
if any, for affordable for-sale units;
Affirmative marketing plan, to be approved by the Borough, that
ensures outreach to income-eligible households regarding the availability
of inclusionary units;
Detailed description of inclusionary units, if different than
market-rate units, including floor plan and list of amenities and
features of the unit.
Any applicant that fulfills the inclusionary housing requirements
as set forth in this ordinance through the fee-in-lieu option is exempt
from entering into an Inclusionary Housing Development Agreement with
State College Borough.
In addition, the inclusionary housing development agreement
shall include the following terms:
Assurances, to the extent feasible, that the inclusionary units
will be constructed concurrently with, or prior to, market-rate units
in the residential project. In phased developments, inclusionary units
shall be constructed and occupied in proportion to the number of units
in each phase of the residential project.
|
Exception: If, as approved by the Borough, the
inclusionary housing obligation is proposed to be satisfied in whole
or in part by land and or building and land donation or by a separate
third party development agreement (such as a nonprofit housing developer)
and it is not feasible to develop the inclusionary units prior to
or concurrently with the market-rate units, the agreement must identify
the specific residential lots on which the affordable units will be
developed;
|
Inclusionary units shall be distributed throughout the residential
project and the exterior appearance and interior amenities shall be
indistinguishable from market-rate units within any project, except
as specified Section 4.A(7);
Inclusionary housing agreements may include the requirement
that the inclusionary units will be subject to a periodic inspection
by the Borough to ensure ongoing compliance with the affordable housing
obligations set forth in this chapter and the inclusionary housing
agreement;
Any other information requested by State College Borough to
implement this agreement.
Basic living expenses means basic food and shelter. It also
means the cost of medical care if a partner is receiving health care
benefits because of the domestic partnership. "Joint Responsibility"
means that each partner agrees to provide for the other partner's
basic living expenses if the partner is unable to provide for herself
or himself. Anyone to whom these expenses are owed can enforce this
responsibility.
The use of any area more than 200 square feet of the area
of any lot for the storage, keeping, collecting, abandonment, or baling
or paper, rags, scrap metals, or for abandonment, demolition, dismantling,
storage, or salvaging of automobiles or other vehicles not in running
condition.
A use engaged in the manufacture (predominantly from previously
prepared materials) of finished products or parts including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
Two people share the same place to live. It is not necessary
that the legal right to possess the place be in both of their names.
Two people may live together even if one or both have additional places
to live. Domestic Partners do not cease to live together if one leaves
the shared place but intends to return.
An area located beyond the street right-of-way which is set
aside for the use of motor vehicles for the period of time required
to load and unload material.
A parcel of land, occupied or unoccupied by a main building
and/or accessory building, fronting upon a street or other public
or recorded private way and including the yards and other open spaces
required by this ordinance or the land shown as a separate lot or
parcel on the records of Centre County.
The total horizontal area included within the rear and side
property lines and front street or proposed street lines.
A lot fronting on two or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The width of a lot measured between the two side property
lines at the building line.
The lot line that is generally opposite the front lot line.
If the lot comes to a point or the rear line is less than 10 feet
in depth, the rear line shall be deemed to be a line parallel to the
front line not less than 10 feet long lying within the lot and farthest
from the front lot line.
Housing that is affordable, according to the U.S. Department
of Housing and Urban Development, for either home ownership or rental,
and that is occupied, reserved, or marketed for occupancy by households
with a gross household income that is greater than 50%, but does not
exceed 80% of the area median income for households of the same size
within the State College Metropolitan Statistical Area.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles placed on a site for more than 180 consecutive days.
[This definition applies to floodplain areas only.]
A parcel (or continuous parcels) of land which has been planned
and improved for the placement of two or more manufactured homes.
[This definition applies to floodplain areas only.]
A fully or semi-automated mechanized vehicle storage and
retrieval system that allows for the storage of passenger vehicles
on platforms arranged in vertical and horizontal arrays and for retrieval
and access to individual stacked vehicles.
[Added by Ord. No. 2188, 9/12/2022]
Housing that is affordable, according to the U.S. Department
of Housing and Urban Development, for either home ownership or rental,
and that is occupied, reserved, or marketed for occupancy by households
with a gross household income that is greater than 80%, but does not
exceed 120% of the area median income for households of the same size
within the State College Metropolitan Statistical Area.
Any person under the age of 17 years.
A mixed use is a building that contains non-residential uses
in combination with residential uses where the residential use is
located above the ground floor or that contains two or more non-residential
uses. The mix of uses in the mixed use building must be among those
uses permitted in the zoning district.[1]
[Amended by Ord. No. 2205, 6/5/2023]
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, or expansion does not substantially
change the physical dimensions of the wireless support structure.
[Added by Ord. No. 2167, 11/8/2021]
A motor vehicle whose length from bumper to bumper is 15
feet or less.
A motor vehicle whose length from bumper to bumper exceeds
15 feet.
A lot arranged, designed, or used for storage and display
for sale of any motor vehicle or any type of trailer.
Any commercial business, or any portion thereof which, by
design, type of operation or nature of business, provides service
to motor vehicles in a short period of time (including but not limited
to: an automatic car wash, self-service car wash, self-service gasoline
station, etc.), or provides a service to occupants of the motor vehicle
while they remain in the vehicle (including but not limited to: a
drive-in bank, drive-in restaurant, drive-in beverage sales, pick-up
window service, gasoline service station, etc.).
Exception for Curbside Pick Up. Restaurants with on-site parking
spaces may provide curbside pickup service in designated parking spaces
and shall not be deemed an MVOB, provided that all of the following
are met: No more than five parking spaces are used for such service;
the parking spaces designated for pickup are located within the restaurant's
parking lot; and the restaurant does not provide drive-up or drive-through
window service.
|
For purposes of this section, curbside pickup is defined as
the delivery of food directly to a customer waiting in a vehicle in
response to a customer's pre-order.
|
A national association established for the purpose of proposing
standards that reduce the opportunity for injury or death from fire.
The nonprofit use of land or structures to provide for activity
facilities, meeting rooms, and offices of neighborhood associations,
religious groups, boy scouts, girl scouts, 4-H club, recreational
agencies, or other similar type social organization.
A lot the area or dimension of which was unlawful prior to
the adoption or amendment of this ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in this ordinance or
amendment heretofore or hereafter enacted, where such structure lawfully
existed prior to the enactment of the ordinance or amendment thereto
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this ordinance or amendment thereto, or
prior to the application of such ordinance or amendment to its location
by reason of annexation.
Wireless communications facilities co-located on existing
structures, such as, but not limited to, buildings, water towers,
electrical transmission towers, utility poles, light poles, traffic
signal poles, flag poles and other similar structures that do not
require the installation of a new tower. This term includes the replacement
of an existing structure with a similar structure that is required
to support the weight of the proposed WCF.
[Added by Ord. No. 2167, 11/8/2021]
When used in relation to residence, shall mean the same as
"resident."
A use of a dwelling for gainful employment, which is clearly
incidental and subordinate to its use as a residence.
When used in relation to residence, shall mean the same as
"reside in."
A flood that, on the average, is likely to occur once every
100 years (i.e. that has one-percent chance of occurring each year,
although the flood may occur in any year).
Those areas within the perimeter boundaries of a lot that
are planted and maintained in vegetation or are natural features such
as water bodies, rock outcroppings, or wooded areas. Open space may
include play areas, passive or active recreational areas and structures,
fountains, pools, plazas, and outdoor seating areas provided the cumulative
impervious coverage of these areas does not exceed 25% of the open
space required. Open space shall not include any areas designated
or used for off-street parking including driveways, aisle ways, parking
lots, and loading zones and shall not include any areas designated
or used for trash or recycling storage.[2]
The outer boundary of the hard surface area of an off-street
parking area.
An off-street parking area used exclusively to park employees-personal
vehicles during working hours. For purposes of this ordinance, an
employee is any person who works or provides services for an employer
for salary or wages or who provides services as a volunteer for the
employer provided that such person spends at least four consecutive
hours on any given day at the place of employment.
An area or structure located beyond the street right-of-way,
which is designed to be used for parking motor vehicles.
An off-street parking area containing parking spaces available
to the public for the parking or storage of noncommercial motor vehicles
on a rental or free basis. When permitted, such parking area may be
the principal use of the land.
The portion of an off-street parking area containing an aisle
and one or two rows of parking stalls.
A structure for motor vehicle parking or storage, usually
with partial walls, as opposed to a fully enclosed garage building.
An area located beyond the street right-of-way for parking
one motor vehicle.
A parking space, which does not abut the perimeter of the
off-street parking area.
Any building, either above grade, below grade, or both, or
any deck designed or used for the parking of motor vehicles.
Cement concrete, bituminous concrete, brick, paving block
or other similar material that cannot be deformed or scattered. Such
material shall meet the construction standards of the Municipality.
A one-hour period representing the highest hourly volume
of traffic flow on the adjacent roadway system.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Borough, or to any department or agency of
the Borough.
[Added by Ord. No. 2167, 11/8/2021]
Any premise approved and regulated by the Pennsylvania Department
of Public Welfare, in which food, shelter, and personal assistance
or supervision are provided for a period exceeding 24 hours for more
than eight adults who are not relatives of the operator and who require
assistance or supervision in such matters as dressing, bathing, diet
or medication prescribed for self-administration but do not require
hospitalization or care in a skilled nursing or intermediate care
facility.
Any personal care Home for Adults, as defined above, that
provides residency for eight or fewer adults.
A cement or bituminous concrete paving material manufactured
and installed to allow water to pass through pavement.
The daytime care of domestic dogs or other household pets,
belonging to persons not residing on the premises. No overnight boarding
of pets is permitted.
The care associated with a pet that can include washing and
manicuring of coat and nails. It shall not include the keeping, breeding,
training, boarding, offering for sale, or the provision of medical
treatment of any kind to any pet.
Any sound that can be detected by a person using his or her
unaided hearing faculties.
Any horizontal flooring surface, usually higher than the
adjoining area.
A roofed area, usually open on the sides, providing cover
over the entrance of a building.
A residential dwelling unit occupied by participant(s) in
an affordable housing program. Occupancy does not require participant(s)
to be physically present in the unit at all times or continuously
but it must be the usual place of return. The participant names(s)
must be on the title or the lease. This is validated by documents
that include the property address. The documents that can be provided
to prove occupancy include but are not limited to: drivers license,
government-issued identification card, vehicle registration, voter
registration card, cancelled checks, statements such as medical or
utility services, bank and charge accounts, income tax records, insurance
statement, pay stub, listed in the telephone directory, cell phone
bill, and passport.
A minimum of two documents must be provided for review that
include the property address occupied and one must include a photo
of the applicant. These documents shall be used to establish if the
residential dwelling unit is the primary place of residence of the
applicant.
A facility for the management and distribution of utility
services, including gas, electric, steam, water, sewerage, telephone,
cable television and similar services; for the provision of municipal
services such as road maintenance, refuse collection, public transportation
and public safety and emergency services; for governmental offices.
Any tree located in a public right-of-way, park, easement,
or other area under the control of the Borough.
An area having a perimeter of cement concrete curbing six
inches higher than the surrounding paving, and used primarily for
defining traffic lanes and for the location of living plant material,
light standards, signs, or similar devices.
A structure or impervious area that is designed and use for
recreational purposes. Examples include, but are not limited to: swimming
pools, pavilions, gazebos, swings, sandboxes, play equipment, basketball
courts, and tennis courts.
Garbage, ashes, rubbish, riff-raff, commercial refuse, dead animals and building waste, as defined in Chapter VIII.
An accessory use referring to the teaching of religious information
or topics when offered on the same premises as a church, mosque, synagogue,
or other place of religious worship and conducted by the religious
entity itself.
Any school offering instruction in religious based education
and operated by, or under the authority of, a bona fide nonprofit
religious institution certified by the Department of Education of
the Commonwealth of Pennsylvania.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that docs not substantially
change the physical dimensions of the existing wireless support structure.
[Added by Ord. No. 2167, 11/8/2021]
Any place (including an occupied single-family residence,
but not including an apartment or townhouse or similar group dwelling
building where residents not associated with the school live) where
instruction in dance and/or music is given to two or more students
at a time.
Any nursery, kindergarten, elementary, secondary or post-secondary
school offering instruction in any branch of knowledge licensed by
the Commonwealth of Pennsylvania; excludes schools for dance and/or
music instruction.
Instructional facilities, offices, athletic and recreational
facilities, maintenance and support facilities, and parking facilities
owned and operated by the State College Area School District or its
successor, as provided for under the laws and regulations of the Commonwealth
of Pennsylvania.
Driveways, as permitted in Part H of this chapter; door entryways; access ways to on-site refuse storage and other utility service; loading docks.
An integrated commercial development with at least 40,000
square feet of retail, service and sales space.
Any structure, part thereof, or device attached thereto or
painted or represented thereon, or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, device, trademark, or other representation
used as or in the nature of an announcement, advertisement, direction
or designation of any person, firm, group, organization, place, commodity,
product, service, business, profession, enterprise, or industry, which
is located upon any land, on any building, in or upon a window or
indoors in such manner as to attract attention from outside the building.
The flag, emblem, insignia, poster, or other display of a nation,
political unit, educational, charitable, religious or similar group,
campaign, drive or event shall not be included in this definition.
A sign directing attention to a business, commodity, service,
or other activity conducted on the premises upon which the sign is
located.
A sign designating the location of an institution of public
or quasi-public nature or the location or opening of an event of public
interest, not including signs pertaining to real estate.
A nameplate or sign designating accessory use, such as doctor's
office, or similar use.
A sign, including billboard, which directs attention to a
business, commodity, service, entertainment, or other activity, conducted,
sold, or offered elsewhere than on the premises upon which the sign
is located; also, a sign or billboard advertising the sale, lease,
rental, or designation of real estate located elsewhere than the premises
upon which such sign is located.
A sign advertising exclusively the sale, lease, rental, or
development of the premises upon which it stands or directing attention
to the opening and location of a new subdivision.
One or more buildings on a site with a total building gross
floor area in excess of 150,000 square feet, exclusive of gross floor
area devoted to on-site parking, containing a mix of residential and
commercial uses. The commercial uses must occupy a minimum of 40%
of the gross floor area and be comprised of uses that serve downtown
and the larger State College Community.
A wireless communications facility that meets the following
criteria:
[Added by Ord. No. 2167, 11/8/2021]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Stores with retail food and non-alcoholic beverages and which
specialize in ethnic foods, offer limited lines of food and do not
sell general groceries and other goods. These stores are not permitted
to sell gasoline or other motor fuels.
The depiction of male genitals in a discernibly turgid state,
whether uncovered or completely and opaquely covered.
Acts of masturbation, homosexuality, sexual intercourse or physical
contact with a person's clothed or unclothed genitals, pubic area,
buttocks or, if such person be a female, breast.
The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
The area in which one vehicle is to be parked; a parking
space.
Section 5903, Title 18, PA Consolidated Statutes.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added by Ord. No. 2167, 11/8/2021]
That portion of a building between the surface of any floor
and the ceiling next above. A basement shall be counted as a story
if its ceiling is over five feet above the average level of the finished
ground surface adjacent to the exterior walls of such story.
A public or dedicated right-of-way 33 feet or more in width
or a private right-of-way or easement or a proposed right-of-way widening
or extension of an existing street or public way on any plan approved
by the Planning Commission.
The principal streets in a network which provide vehicle
access between residential, commercial and industrial areas of the
Municipality, as designated on the Comprehensive Plan map.
A line midway between and parallel to the two street or road
property lines, or as otherwise defined by Council.
A street which is part of a vehicle circulation network within
a neighborhood and which intersects with at least one arterial street,
as designated on the Comprehensive Plan map.
All streets, which do not qualify as arterial, or collector
streets, as defined herein, are local streets.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots, or a proposed street line
shown on any plan approved by the Planning Commission.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes and other similar items.
Structures establishing the architectural character of the
area; structures may represent one architectural style or a broad
range of architectural styles. To be considered contributing structures
must be at least 50 years old.
Structures that are neither of an architectural style or
time period representative of the historic district in which they
are located.
Any living arrangement within a one-family dwelling, one-family
dwelling with an apartment, or two-family dwelling by persons who
are unrelated by blood, marriage or legal adoption and are attending
undergraduate or graduate programs offered by colleges or universities
or are on semester break or summer break from studies at colleges
or universities, or any combination of such persons. The residents
of a student home share living expenses and may live and cook as a
single housekeeping unit. Student homes include living arrangements
where the landowner(s) or landowner's family members are residents
of the dwelling unit. Student homes do not include fraternities, sororities,
rooming houses, townhomes, or multiple-family dwellings.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either (a) before the improvement or repair is started or
(b) if the structure has been damaged and is being restored before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structure part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications, which
are solely necessary to assure safe living conditions; or,
Any alteration of a structure listed on the National Register
of Historic Places or a State inventory of historic places.
In the judgment of the Zoning Officer, those improvements
required as a condition for final approval in the course of a building
alteration, construction of a new building, or reconstruction of a
prior building have been completed in accordance with the approved
plan so that the building can be used, occupied, or operated for its
intended use.
A material such as cement, concrete, bituminous concrete,
brick, paving block, or other similar material which cannot be easily
deformed or scattered.
A straight line that intersects a circular segment at a single
point.[3]
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added by Ord. No. 2167, 11/8/2021]
A building or portion thereof, other than an Adult Mini-Motion
Picture Theater or Adult Theater as defined in this chapter, designed
and used for the exhibition of commercial films, theatrical or other
live performances such as concerts or poetry readings and having a
minimum seating capacity of 125 people. The main entrance and marquee
shall be visible from a public street.[4]
A vehicle with or without its own motive power equipped for
or used for living purposes and mounted on wheels or designed to be
mounted and transported.
Land occupied or designed for occupancy by two or more trailers
used for living purposes.
A receptacle for the temporary storage of trash, such as
dumpsters, or other similar containers.
A woody, deciduous plant with a single erect trunk which
can be expected to grow to a height of at least 30 feet.
A line derived by the horizontal line extending along a radius
from the trunk of a tree to the outermost tips of the branches.
 |
The three-dimensional area within the drip line including
from the crown to the root system of each public tree.
Any purpose for which a lot or structure is designed, arranged
or intended and for which it may be used, occupied or maintained by
the District's use regulations.
A secondary use customarily incidental to and clearly subordinate
to the primary use of the lot or its structures and located on the
same lot as the primary use, unless specifically permitted elsewhere
by these regulations.
Any change of use of land or of a building from that of one
district classification to another, as defined by this ordinance.
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain locations within
the district only when specific conditions and factors prescribed
for such cases within the ordinance are present. Conditional uses
are allowed or denied by Council after receipt of a report from the
Borough Planning Commission. Specific conditions and factors shall
include, but are not limited to: traffic patterns and congestion,
control of dirt and refuse emissions, reduction of noise, safety of
the public while on the premises, availability and control of police
and fire apparatus, and control of glare.
See "Nonconforming Use."
The principal use of a lot or structure.
An area of land granted or set apart by the owner thereof
for the purpose of installation of public utilities, including but
not limited to: sanitary sewer, water lines, gas lines, electric lines,
telephone lines, television cables, or storm sewers, whether shown
on a subdivision plan as set forth in the Subdivision Regulations
or otherwise.
An area used solely for the temporary storage of damaged
vehicles awaiting insurance claim inspection and/or impounded vehicles.
Housing that is affordable, according to the U.S. Department
of Housing and Urban Development, for either home ownership or rental,
and that is occupied, reserved, or marketed for occupancy by households
with a gross household income that does not exceed 50% of the area
median income for households of the same size within the State College
Metropolitan Statistical Area.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. No. 2167, 11/8/2021]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. No. 2167, 11/8/2021]
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added by Ord. No. 2167, 11/8/2021]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added by Ord. No. 2167, 11/8/2021]
An open space of uniform width located on the same lot with
a building or group of buildings between the building or outer building
of a group and the nearest lot or street line, unoccupied and unobstructed
from the ground upward, except as provided in these regulations.
An area defined by the front property line and a line parallel
to the front property line which intersects the side property lines.
The distance separating these lines is called the front yard, and
the depth is specified in the regulations for each zoning district.
A side yard on a corner lot which connects with the yard
designated as a "front yard" on a corner lot as set forth in "Lot
(Corner)" and "Yard (Front)" above. (See also Section 502.f(4) of
this chapter.)
An area defined by the rear property line and a line parallel
to the rear property line, which intersects the side property lines.
The distance separating these lines is called the "rear yard" and
the depth is specified in the regulations for each zoning district.
An area defined by the side property line and a line parallel
to the side property line which intersects the front and rear property
lines. The distance separating these lines is called the "side yard"
and the depth is specified in the regulations for each zoning district.
[1]
Editor's Note: The former definition of "monopole," which
immediately followed, was repealed by Ord. No. 2167, 11/8/2021.
[2]
Editor's Note: The former definition of "operation agreement,"
added by Ord. No. 2129, 5/13/2019, which immediately followed this definition,
was repealed byOrd. No. 2184, 7/11/2022.
[3]
Editor's Note: The former definitions of "telecommunication
facility" and "telecommunications facility building," which immediately
followed this definition, were repealed by Ord. No. 2167, 11/8/2021.
[4]
Editor's Note: The former definition of "tower," which immediately
followed this definition, was repealed by Ord. No. 2167, 11/8/2021.
