[Ord. 12-8-97A, 12/8/1997, § 501; as amended by
Ord. 00076, 4/14/2014, § 9]
1. For the purpose of this chapter, the terms and words used in this section shall have the meanings herein defined. Words not defined herein shall be construed according to any definitions contained in the SALDO [Chapter
22] or the SWMO [Chapter
17]. Words that are inconsistently defined or used in the SWMO [Chapter
17] or the SALDO [Chapter
22] shall be interpreted to give logical meaning. Words not herein defined nor defined in the SALDO [Chapter
22] or in the SWMO [Chapter
17] shall have the meanings given in the Merriam-Webster Dictionary, most recent edition in print, and shall be interpreted so as to give this chapter its most reasonable application. For purposes of this chapter, the following rules of definition interpretation shall apply:
[Amended by Ord. No. 00093, 5/14/2018]
A. Words in the present tense include the future tense.
B. Words in the singular include the plural and words in the plural
include the singular.
C. The words "used" and "occupied" shall be construed to include the
words "or intended, arranged or designed to be used or to be occupied,
or offered for occupancy."
D. The term "such as" shall be considered as introducing a typical or
illustrative designation of items, and shall not be interpreted as
constituting a complete list.
E. The words "person" and "owner" shall be deemed to include a corporation,
unincorporated association, limited liability company, limited partnership
and a partnership, or other legal entity, as well as one or more individuals.
F. The words "building" and "structure" shall be construed as if followed
by the phrase "or part thereof."
G. The word "lot includes the words "plot" and "parcel."
H. The word "watercourse" includes channel, creek, ditch, dry.
I. The word "erect" shall mean to build, construct, alter, repair, display,
relocate, attach, hang, place, suspend, affix or maintain any structure
or building and shall also include the painting of exterior wall signs
and grading of land. This shall only apply when there is or is going
to be new construction to a structure.
[Ord. 12-8-97A, 12/8/1997, § 502; as amended by
Ord. 99005, 7/12/1999, § 1.A, .B; by Ord. 00057, 4/11/2011,
§ I; and by Ord. 00076, 4/14/2014, §§ 10,
11]
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of a building, or to the principal use of the land and located
on the same lot with such principal use or principal building.
ALLEY
A minor right-of-way, private or publicly owned, used primarily
for vehicular service access to the back or side of properties otherwise
abutting on a street.
ANIMAL
Any domestic animal or fowl, any wild animal or any household
pet, including birds, fish, reptiles, and insects.
[Added by Ord. No. 00093, 5/14/2018]
ANIMAL, DOMESTIC PET
Any dog, cat, hamster, guinea pig, hedgehog, rabbit, rat,
mouse, chinchilla, ferret or other domesticated nonfarm animals which
are locally available to purchase as pets; also includes amphibians
and reptiles such as turtles, frogs, salamanders, lizards and snakes,
provided that these are normally kept in or permitted to be at large
in the dwelling of their owner, as an accessory use to a primary residential
use on a noncommercial basis.
[Added by Ord. No. 00093, 5/14/2018]
ANIMAL, NONDOMESTICATED
Any animal, including bird, fowl, reptile or insect, not
normally or ordinarily domesticated nor normally or ordinarily raised
in this area or climate as livestock or for work or breeding purposes,
nor able to be locally purchased as a pet.
[Added by Ord. No. 00093, 5/14/2018]
APPLICANT
A landowner or developer who has filed, with the consent
of the landowner, an application for development, including their
heirs, successors and assigns.
AREA
The extent of surface contained within the boundaries or
extremities of any object.
BED-AND-BREAKFAST INNS
An owner occupied dwelling in which a room or rooms are rented
on a nightly basis for periods of not more than seven days. Meals
may or may not be provided.
BED-AND-BREAKFAST UNIT
A room or group of rooms in a bed-and-breakfast inn forming
a single habitable unit used or intended to be used for living and
sleeping, but not cooking or eating purposes.
BOARDING HOUSE (LODGING HOUSE, ROOMING HOUSE)
A building or portion thereof arranged or used for longer
term (more than one night) sheltering or feeding, or both, for compensation
more than five and not more than 10 individuals.
BODY ART ESTABLISHMENT
A use that involves permanent marking with words or designs
or piercing of human skin.
[Added by Ord. No. 00093, 5/14/2018]
BOROUGH
The Borough of Akron, Lancaster County, Pennsylvania, and
the Borough Council and its designated representative.
BUILDING AREA
A computation using the linear measurements of the exterior
surface boundary lines taken at the building's largest horizontal
cross-section.
BUILDING, ATTACHED
A building constructed so that one or more walls attach to
another building. A building shall not be considered attached merely
because a railing, spouting, unenclosed causeway, unenclosed breezeway
or similar structure may incidentally attach two buildings together.
BUILDING HEIGHT
A vertical distance from mean grade to the highest roof beam
of a flat roof, or the mean level of the highest grade or slope of
a hip roof.
BUILDING LENGTH
The length of the facade of a building measured from its
two longest points (whether the facade is continuous or irregular
in setback) of any side of a building.
BUILDING LINE
The line of a structure or building existing at the effective
date of this chapter or the legally established line which determines
the location of a future building or structure or portion thereof
with respect to any lot line.
BUILDING SETBACK (YARDS)
The building setback shall be measured from the greater of
the ultimate right-of-way of any public street or from a property
line (if not adjacent to a street). All portions of the building,
including porches, and eaves, shall be setback behind the building
setback. Gutters and/or cornices shall not be considered an infringement
of the requirement.
BUILDING, DETACHED
A building that does not share a wall with another building.
A building shall still be considered a detached building if it is
connected with a railing, spouting, unenclosed causeway, unenclosed
breezeway, or similar structure that may incidentally attach two buildings
together.
BUILDINGS
Any structure constructed or used for a residence, business,
industry, or other public or private purposes, or accessory thereto,
and including porches, swimming pools, tents, lunch wagons, dining
cars, trailers, and similar structures, whether stationary or movable,
but excluding authorized fences and walls which are part of the landscaping,
signs and awnings.
CAMPUS
A lot in single ownership on which are developed one or more
buildings and accessory uses directly related to the purposes of an
organization.
CARTWAY
The surface of a street, access drive or alley available
for vehicular traffic.
CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the Borough upon completion of the
construction of new buildings or upon change or conversion of the
structure or use of a building, which certifies that all requirements
and regulations as provided herein, and within all other applicable
requirements, have been met.
[Amended by Ord. No. 00093, 5/14/2018]
CHURCH/PLACE OF WORSHIP AND RELATED USES
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, mosques, synagogues
and church-related educational and/or day-care facilities.
[Added by Ord. No. 00093, 5/14/2018]
CONVENIENCE STORE (MINI MARKET)
A building, structure or part thereof containing 12,500 square
feet or less floor area, which stores and sells, primarily, prepackaged
food, grocery and beverage items, including such stores with gasoline
pumps.
[Added by Ord. No. 00093, 5/14/2018]
CONVERSION
A residential conversion is the transformation of a dwelling
where permitted.
[Added by Ord. No. 00093, 5/14/2018]
COUNTY
The County of Lancaster, Pennsylvania.
DENSITY
The number of dwelling units in relation to the total land
area proposed to be used for residential purposes, including rights-of-way,
interior parking areas, access drives, private streets, sidewalks,
common open space, and public or semi-public parks and playgrounds.
[Amended by Ord. No. 00093, 5/14/2018]
DOUBLE FRONTAGE LOT
A lot with front and rear (or side) street frontage.
[Amended by Ord. No. 00093, 5/14/2018]
DRIVEWAY
A private access way, providing pedestrian and vehicular
access between a public or private street and a parking area for a
single residential unit of occupancy.
DWELLING
Any building or portion thereof designed and used primarily
for residential occupancy. The word "dwelling" shall not include lodging
houses, boarding or rooming houses, bed-and-breakfast units, hotels,
motels, tents, trailers or any structure designed or used for transient
residence. All dwellings must be permanently affixed to a completely
enclosed foundation constructed of currently accepted materials that
shall be an entire perimeter wall and extend from below the frost
line to the first floor of the building. Such foundation shall be
constructed to provide sufficient structural integrity to prevent
the building from heaving, shifting, or settling unevenly due to frost
action. In addition, all dwellings shall be properly connected to
approved and permanently designed sewer, water, electrical and other
utility systems.
[Amended by Ord. No. 00093, 5/14/2018]
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DWELLING, ATTACHED (TOWNHOUSE or ROW HOUSE) — A dwelling
containing at least three dwelling units but not more than eight dwelling
units which are attached side by side or are above the other, by the
use of a common wall.
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DWELLING, CONGREGATE (DORMITORY STYLE) — A building having
up to 12 sleeping rooms without individual cooking facilities to house
individuals whose activities are directly related to an organizational
headquarters campus.
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DWELLING, MULTIPLE FAMILY — A dwelling containing three
or more dwelling units which may be separated horizontally and/or
vertically. The individual dwelling units may or may not be in separate
ownership, however, the land shall be in single ownership or in common
ownership.
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DWELLING, SINGLE-FAMILY, DETACHED — A freestanding building
containing one dwelling unit for one family, and having two side yards,
one front yard, and one rear yard; in cases where such dwelling is
located on a corner lot, the dwelling shall have two front yards,
one side yard, and one rear yard. Mobile homes may be considered single-family
detached dwellings if in addition to the requirements listed for all
dwellings, the mobile home is securely anchored to the permanent foundation,
and all of the apparatuses used to transport the unit are removed,
including the towing hitch. Recreational vehicles shall not be used
as dwellings. Modular homes may be considered single-family detached
dwellings so long as they comply with the general requirements of
a dwelling. [Amended by Ord. No. 00093, 5/14/2018]
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DWELLING SINGLE FAMILY SEMIDETACHED — A dwelling containing
two dwelling units which are attached side by side by the use of a
common wall.
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DWELLING, TWO FAMILY, DETACHED (DUPLEX) — A dwelling containing
two dwelling units, one of which is located above the other.
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DWELLING, TWO FAMILY, SEMIDETACHED — A building used by
two families, with one dwelling unit arranged over the other, having
one side yard, and one party wall in common with another building.
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DWELLING, MULTIFAMILY — A dwelling containing three or
more dwelling units which may be separated horizontally and/or vertically.
This may include but is not limited to apartments and quadruplexes.
The individual dwelling units may or may not be in separate ownership;
however, the land shall be in single ownership or in common ownership. [Amended by Ord. No. 00093, 5/14/2018]
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DWELLING UNIT
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have: a) its
own toilet, bath or shower, sink, sleeping and cooking facilities;
and b) separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level.
[Amended by Ord. No. 00093, 5/14/2018]
ELECTRONIC VARIABLE MESSAGING SIGN (EVMS)
A sign, or a portion thereof, where the message copy includes
characters, letters or illustrations that can be changed or rearranged
electronically from a remote location without touching or physically
altering the primary surface of the sign.
[Added by Ord. No. 00093, 5/14/2018]
ESSENTIAL SERVICES
The erection, construction, alternation, or maintenance,
by public utilities or municipal or other governmental agencies or
private corporations under contract to a municipality, of gas, electrical,
telephone, steam or water transmission or distribution systems, sewage
disposal systems, and mail delivery facilities, including buildings,
enclosures, wells, pumping stations, storage facilities, poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic light signals, mail boxes, hydrants, and
other similar equipment and accessories and services in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal government or other governmental
agencies or private corporations under contract to a municipality
including firehouses or fire companies and emergency services under
agreement with the municipality or for the public health or safety
or general welfare. Essential services does not include schools. Municipal
stormwater facilities, whether on-premises or off-premises, shall
be considered essential services.
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ESSENTIAL SERVICES BUILDING — A predominantly essential
services facility intended for human habitation.
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ESSENTIAL SERVICES STRUCTURE — An exclusively essential
services facility not intended for human habitation.
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FAMILY
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
FLOODPLAIN
All definitions relating to the Floodplain zoning district
are contained in Part 14 hereof and are incorporated herein by reference.
FLOOR AREA
The total floor area of the dwelling unit actually used for
habitation. It shall not include unfinished cellars, storage attics,
porches, garages and the like.
FUNERAL HOME
A building devoted to the care, embalming, and holding of
services for the dead, including the sale of funeral equipment as
an incidental part of the business. Funeral homes shall not include
cemeteries, columbariums, mausoleums, entombments, or crematoriums
as a principal or accessory use.
[Added by Ord. No. 00093, 5/14/2018]
GAME ROOM
An establishment with two or more mechanical or electronic
amusement devices. Mechanical or electronic amusement devices shall
be defined as machines designed for recreation and entertainment and
shall include, but not be limited to, pinball machines, electronic
video games, pool tables and other amusement machines. Any other use
that includes a game room shall, in addition to all other provisions
of this chapter, comply with all zoning provisions relating to a game
room.
GARAGE
A building, structure, or any part thereof in which one or
more motor vehicles are customarily housed, kept, or repaired. Garages
are classed as "private garages" or "public garages."
A.
PRIVATE GARAGEA garage used only as an accessory to a dwelling by the owners or occupiers of the dwelling and located on the same lot as the dwelling. No more than one commercial vehicle may be stored therein, and such vehicle shall be of a size equal to or less than one ton and owned or operated by a person residing on the premises.
B.
PUBLIC GARAGEAny garage not included within the definition of a "private garage."
GROUP HOME
A dwelling unit operated and supervised by a responsible
credentialed individual, family or organization with a program to
provide a supportive living arrangement for handicapped individuals
("handicapped individual" as defined by the Fair Housing Act and the
Fair Housing Amendments Act of 1988, as amended). A group home shall
not include transitional housing. Group homes must be licensed where
required by any appropriate government agencies, and a copy of any
such licenses must be delivered to the Borough prior to beginning
the use. Group homes shall be permitted and regulated in the same
manner as any other dwelling unit within each respective zone where
special care is needed by the individual served.
[Added by Ord. No. 00093, 5/14/2018]
HEADQUARTERS
Location of centralized administration and related activities
of an organization.
HEALTH SERVICES/MEDICAL/DENTAL CLINIC
A building, or part thereof, containing the offices of licensed
physicians, chiropractors, dentists, or similar licensed professionals
and limited to outpatient treatment.
[Added by Ord. No. 00093, 5/14/2018]
HIGHWAY ACCESS POINTS
The measurement shall be extended from the termination of
one curb cut to the establishment of an adjacent curb cut.
HOTEL AND MOTEL
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or are occupied
for sleeping purposes by guests and where only a general kitchen and
dining room are provided within the building as an accessory use.
Hotels and motels are used more in a transient nature and shall exclude
those uses defined as bed-and-breakfast inns and boarding houses elsewhere
herein.
KENNEL, COMMERCIAL
Any lot on which more than six animals that are older than
six months are kept, boarded, raised, bred, treated or trained for
a fee, including, but not limited to, dog or cat kennels. Operations
of kennels shall also comply with the Dog Law, Act of December 7,
1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101 et
seq., and all applicable regulations of the Department of Agriculture.
[Amended by Ord. No. 00093, 5/14/2018]
LAND AREAS
The extent of surface contained within the boundaries or
extremities of land.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of a contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if authorized under
the lease agreement to exercise the rights of landowner, and any other
person having a proprietary interest in land.
LANDSCAPE BUFFER STRIP
A.
Strip of land 20 feet wide including a combination of the following
elements: deciduous trees, ground cover, evergreen trees, evergreen
shrubs, vines, mulched areas or other approved materials. For every
100 lineal feet of the landscape buffer strip the following minimum
planting materials shall be provided as shown on the sketch appended
to this page:
B.
At a minimum:
(1)
Deciduous trees shall be two-inch caliper measured four feet
above the finished grade.
(2)
Evergreen trees shall be six feet in height above the finished
grade.
(3)
Evergreen shrubs shall be three feet in height above the finished
grade Plant material shall be typical of their species and variety,
have normal growth habits, well developed branches, dense foliation,
and vigorous, fibrous root systems. They shall have been grown under
climatic conditions similar to those in the locality of their installation
as a landscape buffer strip. Any plant material which dies shall be
replaced.
C.
A landscape buffer strip shall also include and be maintained with such other planting materials and in such form to be consistent with the SWMO [Chapter
17].
LOT
A parcel of land held with frontage on a dedicated street
in single and separate ownership, occupied or capable of being occupied
by buildings, structures, accessory buildings or structures, signs,
and uses customarily incidental to it, including such open spaces
as are required, and which is described by reference on a recorded
plat or by metes and bounds.
[Amended by Ord. No. 00093, 5/14/2018]
LOT AREA
The area of a horizontal plane bounded by the vertical planes
within the front, side and rear lot lines. For the purposes of calculating
the minimum lot area necessary to comply with the requirements of
this chapter, any area within a street or other transportation right-of-way
shall be excluded from such calculation.
LOT COVERAGE
The percentage of lot covered or occupied
by man-made structures or surfaces (whether impervious, semi-impervious,
or pervious). All structures (such as buildings, parking areas, driveways,
roads, streets, sidewalks, decks, pools, areas of concrete or asphalt,
stone, or other compacted soil) shall be considered for the purpose
of this calculation, whether they are termed "pervious" or not. This
is calculated by dividing the maximum horizontal cross section of
all man-made structures and surfaces on a lot by the total area of
the lot upon which the buildings are located.
[Amended by Ord. No. 00093, 5/14/2018; and by Ord. No. 00096, 4/8/2019]
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the average rear property line. On reverse frontage lots,
the depth shall be measured from the street right-of-way line of the
street of address to the directly opposite property line.
[Amended by Ord. No. 00093, 5/14/2018]
LOT WIDTH
The horizontal distance measured between side property lines.
Unless otherwise noted, lot width shall be measured at the building
setback line and the street.
[Amended by Ord. No. 00093, 5/14/2018]
MASTER DEVELOPMENT PLAN
A conceptual plan for the potential development of a lot
including the following specifications:
A.
Lot boundaries, any proposed lot boundaries, existing uses of
the lot and of adjacent lots, and identification of adjacent landowners.
B.
Location of development within the Borough and adjacent municipalities.
C.
North point, scale and date.
D.
Streets on and adjacent to the lot.
E.
Significant existing and proposed topographical and physical
features.
F.
Potential size and location of proposed structures.
G.
Identification of generalized land uses.
H.
Potential lot configuration.
I.
Proposed landscaping and buffering plan.
J.
Proposed interior vehicular layout and parking lot configurations.
K.
Proposed interior circulation plan for vehicular and pedestrian
traffic.
L.
Proposed SWMO [Chapter
17] facilities.
M.
Statement that the proposed use will not have a substantial
adverse effect upon congestion of streets and highways or upon traffic
levels of service or any hazards arising therefrom. The Borough may
require the applicant to submit a traffic study prepared by a qualified
traffic engineer to satisfy this requirement.
N.
The master development plan shall be submitted and reviewed in the same manner as a sketch plan under the Borough Subdivision and Land Development Ordinance. [Chapter
22] The applicant shall submit an update of the master development plan every five years, at a minimum, unless the applicant indicates that there are no changes from the most recent previously submitted master development plan.
MINIMUM LOT AREA
The minimum allowable area computed by the area of a horizontal
plane bounded by the vertical planes within the front, side and rear
lot lines. For the purposes of calculating the minimum lot area necessary
to comply with the requirements of this chapter, any area within a
street or other transportation right-of-way shall be excluded from
such calculation.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of a single mobile home.
MOTOR VEHICLE
A self-propelled device, except that which uses human power
only, used for the transporting of persons or goods. This would include
automobiles, trucks, boats, trailers, farm equipment, all-terrain
vehicles, dune buggies, snowmobiles and similar devices.
[Added by Ord. No. 00093, 5/14/2018]
MOTOR VEHICLE BODY SHOP
A place where repairs are made to the body and/or structure
of motor vehicles, including, but not limited to, painting.
[Added by Ord. No. 00093, 5/14/2018]
MOTOR VEHICLE SERVICE STATION OR GARAGE
Any premises used for supplying gasoline, oil, motor vehicle
accessories, motor vehicles services or motor vehicle repairs. Motor
vehicle service stations shall not be used for painting or repair
of vehicle body parts unless the requirements for motor vehicle repair
are also met.
[Added by Ord. No. 00093, 5/14/2018]
NONDOMESTICATED ANIMALS
Any ape, including chimpanzee, gibbon, gorilla, orangutan,
or siamang; baboon, bear, bison, bobcat, cheetah, crocodile, alligator,
coyote, deer, including all members of the deer family such as elk,
antelope and moose, elephant, ferret, fox, hippopotamus, hyena, jaguar,
leopard, lion, lynx, monkey, ostrich, puma, also known as cougar,
mountain lion or panther, rhinoceros, a snake which is poisonous or
nonindigenous, or any constrictor snake, snow leopard, tiger, wolf,
or other animal that is wild, ferocious, or vicious by nature, habit,
disposition or character.
OFFICE
A facility where the primary use is conducting the affairs
of a business, profession, service, or government, including administration,
recordkeeping, clerical work, and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products; or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use. Office use shall
not include medical or dental offices.
[Added by Ord. No. 00093, 5/14/2018]
OFF-STREET PARKING AREA, PRIVATE
An area on private property designed and used for the parking
or storage of one or more passenger vehicles as an accessory use.
Private off-street parking areas shall include private garages, carports
and improved accessory parking spaces.
[Added by Ord. No. 00093, 5/14/2018]
OFF-STREET PARKING AREA, PUBLIC
A space, other than a street or other public right-of-way,
designed and used by the general public for the parking of vehicles.
[Added by Ord. No. 00093, 5/14/2018]
OPEN SPACE
An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel or parking. Open space may include SWMO [Chapter
17] facilities.
ORGANIZATION
A for-profit or not-for-profit corporation, partnership,
or other entity established for and holding itself out to the public
as accomplishing a specific charitable purpose.
ORGANIZATIONAL HEADQUARTERS
One or more buildings that have facilities related to the
centralized administration and activities of an organization that
may include:
A.
All types of dwellings, provided that any such dwelling shall
not be occupied by the same person or persons or family for more than
six consecutive months. This durational limit shall not be applied
to any dwelling unit at the organizational headquarters campus, if
such unit is occupied by a full-time staff person (and, only if applicable,
occupied by his or her family) employed by the organization; provided,
however, that such dwelling units occupied by full-time staff persons
and their families shall not exceed three such units.
[Amended by Ord. 00088, 2/13/2017]
C.
Educational, training, and group retreat facilities for use
by the organization or by an entity having a charitable mission or
purpose.
D.
Public and private park and recreation areas.
PARKS AND PLAYGROUNDS
A tract of land designated and used for active or passive
recreation.
[Added by Ord. No. 00093, 5/14/2018]
PERSONAL SERVICE BUSINESS
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, travel agencies, shoe
repair shops, household appliance repair shops, massage therapists,
and other similar establishments, but shall not include any adult
uses, as herein defined.
[Added by Ord. No. 00093, 5/14/2018]
PRINCIPAL BUILDING
A building in or on which is conducted the principal use
of the lot on which such building is located. All other buildings
on the same lot (incidental or supplemental thereto) and permitted
under this chapter shall be considered accessory buildings.
PROFESSIONAL CONSULTANT
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
[Added by Ord. No. 00093, 5/14/2018]
PROPERTY LINE
A recorded boundary of a lot. However, any property line
which abuts a "street" or other public or quasi-public way shall be
measured from the ultimate right-of-way.
PUBLIC PARKING GARAGE
A structure or any portion thereof used for the parking and
storage of vehicles owned by the general public.
[Added by Ord. No. 00093, 5/14/2018]
RESEARCH AND DEVELOPMENT FACILITY
A use involving design conception and prototype construction
of items directly related to an organization's stated mission or purpose.
RESTAURANT
A public eating place primarily offering indoor or outdoor
counter or table service, seating and custom-prepared foods; also
includes drive-in, drive-through, fast-food or carry-out.
[Added by Ord. No. 00093, 5/14/2018]
RETAIL OR WHOLESALE SALES OR RENTAL OF GOODS AND SERVICES
Includes such uses as variety stores, apparel stores, drugstores,
grocery stores, eating establishments, antique shops, music shops,
sporting good stores, and book, stationery, magazine, candy and tobacco
shops; and, personal service shop or agency such as tailor, dry cleaning
outlet only, jewelry, laundry, etc.
RETREAT FACILITY
A combination of rooms in which a group of persons not larger
than 24 may be accommodated from one to three days in a self-sufficient
setting that provides kitchen, bathroom, meeting and sleeping facilities.
RIGHT-OF-WAY
The total width of any land reserved or dedicated or offered
for dedication as a street, road or other public or semi-public purposes.
SALDO
Chapter
22 of the Borough of Akron Code of Ordinances as it currently exists and as it may be hereinafter amended.
SATELLITE ANTENNAS
An exterior dish or disk constituting a device for converting
electrical currents into electromagnetic waves or vice versa.
SCHOOL, ELEMENTARY
Any school licensed by the Pennsylvania Department of Education
and which meets the requirements for elementary education for grades
K through 6.
[Added by Ord. No. 00093, 5/14/2018]
SCHOOL, SECONDARY
Any school licensed by the Pennsylvania Department of Education
and which is authorized to award diplomas for secondary education
for grades 7 through 12.
[Added by Ord. No. 00093, 5/14/2018]
SELF-SERVICE STORAGE FACILITY
A building or group of buildings that contains individual,
compartmentalized, and controlled access stalls or lockers for the
storage of customer's goods or wares.
SETBACK LINE
A line defining the minimum required distance within a lot
line and parallel to the street ultimate right-of-way line and side
and rear lot lines, which is designated the minimum location of buildings
for structures.
SHORT-TERM RENTALS
Shall be defined as a fully furnished single-family or portion of a single-family dwelling owned by an Akron Borough resident that is rented on a short-term basis to registered guests for a period less than 30 continuous days. Guests have use of the facilities as provided for in any contract of agreement with the owner or management company, and no services, such as meals or daily house cleaning, are provided to the guests, and as are licensed under Chapter
13, Part
4, of the Code of Ordinances.
[Added by Ord. No. 00096, 4/8/2019]
SIGHT DISTANCE ("CLEAR-SIGHT TRIANGLE")
The unimpeded view which a vehicle operator has along the street he is traveling or the street he is entering or crossing, such distance related to driver reaction time and posted speed limits, and assuming the operator's eye level is between three feet, six inches and 10 feet above the pavement (see also §
27-1234).
SIGN
A device for visual communication that is used to bring the subject to the attention of the public. Signs include lettering, logos, trademarks or other symbols which are an integral part of the architectural design of a building, which are applied to a building, or which are located elsewhere on the premises; flags and insignia of civic, charitable, religious, fraternal, patriotic, or similar organizations; insignia or flags of governments or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar materials; and inflatable objects. Signs do not include architectural features which may be identified with a particular business; backlit awnings that include no lettering, logos, or other symbols; signs within a building which are obviously intended to be seen primarily from within the building; outdoor signs intended for use within a property, such as menu signs by fast-food restaurant drive-through lanes or signs with regulations within a park; decorative seasonal and holiday banners on residential properties; and displays of merchandise either behind store windows or outdoors. All permanent signs, regardless of their nature or message, shall be governed by this Chapter
27. For purposes of this Chapter
27, signs regulated by Chapter
19, Part
1, of the Borough of Akron Code of Ordinances (related to temporary signs) shall not be considered signs regulated by these provisions, except to the extent that these two chapters may specifically refer to these provisions. For the foregoing purposes, the word "permanent" shall be defined to include a sign that is intended to be erected for more than 180 consecutive days. All permanent signs shall also comply with the applicable construction codes.
[Amended by Ord. No. 00093, 5/14/2018]
STORMWATER FACILITIES
Facilities that need to be constructed in order for the use or structure to meet the requirements of the SWMO [Chapter
17].
STREET
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular and
pedestrian travel, and furnishing access to abutting properties, which
may also be used to provide space for sewer, public utilities, street,
trees, and sidewalks.
[Amended by Ord. No. 00093, 5/14/2018]
STREET LINE
The measurement shall extend perpendicular to and equidistant
from the ultimate right-of-way line, unless otherwise dedicated.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not such object is affixed to the
land. Such term shall not include fountains, birdboxes, mailboxes
and other similar objects.
STRUCTURE, ACCESSORY
A subordinate structure detached but located on the same
lot as the principal structure, the use of which is incidental and
accessory to that of the principal structure.
STRUCTURE, PRINCIPAL
A structure or where the context so indicates a group of
structures in or on which is conducted the principal use of the lot
on which such structure is located.
SWMO
Chapter
17 of the Borough of Akron Code of Ordinances as it currently exists and as it may be hereinafter amended.
SWMO FACILITIES
Facilities erected and maintained pursuant to the provisions of the SWMO [Chapter
17].
TEMPORARY QUARTERS
A temporary single-family dwelling unit located within a
previously larger single-family dwelling unit and being an integral
part of said other single-family dwelling unit wherein are located
facilities for the temporary dwelling, on a nonprofit basis, for the
elderly, infirm or others with limitations on their physical or mental
abilities. Those dwellings and the temporary unit dwell autonomous
to the dwelling in the primary unit, but are cared for and looked
after by the persons dwelling in the primary unit.
[Amended by Ord. No. 00093, 5/14/2018]
TRANSITIONAL HOUSING
Group living quarters for persons who needs specialized housing,
treatment, or counseling that provide supervised housing as an alternative
to imprisonment, including, but not limited to, community confinement
centers, pre-release, work release, probationary programs, halfway
houses, and active criminal rehabilitation facilities.
[Added by Ord. No. 00093, 5/14/2018]
USE
The purpose or activity for which a building, structure,
or land is occupied or maintained.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use of a building, or to the principal use of the land and located
on the same lot with such principal use or, principal building.
USE, PRINCIPAL
The main or primary purpose for which any land, structure,
building or use thereof is designated, arranged or intended or for
which they may be occupied or maintained under this chapter. All other
uses on the same lot (incidental or supplementary thereto) and permitted
under this chapter shall be accessory uses.
YARD
The unobstructed open space around a building. Porches shall
be considered a part of the building. Gutters and/or cornices shall
not be considered an infringement of the yard requirements. Overhanging
eaves shall be considered an infringement of the yard requirements.
A.
FRONT YARDThe required open space between a building and the front street line and extending the full width of the lot.
B.
REAR YARDThe required open space between a building and the rear property or street line, whichever is the closer to the building, and extending the full width of the lot.
C.
SIDE YARDThe required open space between a building and the side property line and extending the full depth of the lot.