[Ord. No. 688, 6/4/2018]
For the purpose of this chapter, the terms and words listed
in the section shall have the meaning herein defined. Words not herein
defined shall have the meanings given in Webster's Unabridged Dictionary.
[Ord. No. 688, 6/4/2018]
For the purpose of this chapter, the following rules of interpretation
shall apply:
1.
Words in the present tense include the future tense.
2.
Words in the singular case include the plural and words in the plural
case include the singular.
3.
The words "used" and "occupied" shall be construed to include the
words "or intended, arranged or designed to be used to be occupied,
or offered for occupancy."
4.
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.
[Ord. No. 688, 6/4/2018]
The relinquishment of property, or a cessation of the use
of the property, by the owner or lessee without any evidence of transferring
the rights to the property to another owner or of resuming the use
of the property for a period of 12 consecutive months.
A lawful use or structure subordinate to the principal use
of a building, or future intended use, on the same lot and serving
a purpose customarily incidental to the use, or future use, of the
principal building or land use.
Any construction which increases the size of a building or
adds to the building.
Adult bookstores, theaters, dance clubs, massage parlors,
and similar establishments providing entertainment and/or the retail
sale of books, magazines, newspapers, movies, slides, films, devices
or other photographic or written reproductions depicting nudity or
sexual conduct.
Any business related to the processing and sale of agricultural
products or supplies or the sale and/or repair of agricultural equipment.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry. For the purpose of this chapter, the word
agriculture shall not include kennels.
A public or private way affording secondary means of access
to abutting property.
Construction which may change the structural parts, mechanical
equipment or location of openings of a building but which does not
increase the size of the building.
A facility operated by a doctor of veterinary medicine for
the treatment, housing or boarding of domestic animals.
A living unit in a multiple-family dwelling.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
An application, required to be filed and approved by the
Borough of Wellsboro prior to start of construction or development.
A form of residence that provides housing and limited care
that is designed for senior citizens and/or persons with physical
and/or mental challenges, who need some assistance with daily activities
but do not require care in a nursing home, excluding a correction
facility.
Any building or land area used for the display and sale of
new or used automobiles or other motor vehicles, including warranty
repair or associated work. For the purpose of this chapter, automobile
sales facilities are classified as retail services.
A building or structure where gasoline or any motor vehicle
fuel or oil or other lubricating substance, batteries, tires, and
other automotive accessories are supplied and dispensed to the motor
vehicle trade, at retail, and where minor repair service may be offered.
For the purpose of this chapter, automobile service stations are classified
as retail services.
A building or structure used primarily for making major repairs
to motor vehicles (automobiles, motorcycles, trucks, farm equipment
or machinery, and/or snowmobiles), including overhauling, body work,
painting, refinishing and upholstering, as well as incidental servicing
and maintenance. For the purpose of this chapter, automobile repair
facilities are classified as retail services.
An unroofed platform, enclosed by a railing or parapet, projecting
from the wall of a building for the private use of tenants or for
exterior access to the above-grade living units. When a balcony is
roofed and enclosed with operating windows, it is considered part
of the room it serves.
Any area of a building having its floor below ground level
on all sides. A basement shall not be considered in determining the
permissible number of stories.
A non-restaurant short-term transient lodging allowed in
a residence that provides pre-arranged meals only to a limited number
of lodgers, as qualified persons. It must be owner-occupied, with
a minimum of signs, no special external appearance, with off-street
parking required on the site screened from neighbors. Lodgers are
limited to a fourteen-day stay to avoid becoming multifamily rental
dwellings.
The Zoning Hearing Board for Wellsboro, Tioga County, Pennsylvania.
A dwelling or part thereof where meals or lodgings are provided
for compensation for at least three but not more than 15 persons not
transients. This use shall not include family based group home and
group care facility.
The piercing of holes in parts of the body other than the
ear in order to insert rings, studs, or other pieces of jewelry.
A commercial establishment offering body piercing services
for patrons either as a principal or ancillary service.
Wellsboro, Tioga County, Commonwealth of Pennsylvania.
Portions of Main Street and Central Avenue where the grassy
median strips and gas lights are located.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
The portion of a lot, expressed as a percentage, which may
be covered by the total ground floor area of all principal and accessory
buildings on a lot including covered porches, carports and breezeways.
The vertical distance from the average finished grade at
the building line to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the mean height level
between eaves and ridge for gable, hip and gambrel roofs.
A line established by law or agreement, usually parallel
to the property line, beyond which a structure may not extend. This
generally does not apply to uncovered entrance platforms, terraces
and steps.
FRONT BUILDING LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
REAR BUILDING LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
SIDE BUILDING LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
A part-time or seasonal dwelling.
A tract or tracts of land, or any portion thereof, used for
the purpose of providing two or more spaces for travel trailers, cabins,
or tents, and excluding mobile homes, with or without a fee charged
for the leasing, renting or occupancy of such space. A campground
may include the single-family detached dwelling of the owner or operator
of the facility. For the purpose of this chapter, a campground is
classified as an outdoor recreation use.
A building/facility on a lot, designed and used primarily
for the washing and polishing of automobiles. (The developer must
show that they have sufficient sewage treatment and/or water to accommodate
the facility.)
[Added by Ord. No. 692, 4/8/2019]
The surface of a street or alley available for vehicular
traffic.
A building used for public worship including separate buildings
used for residential, educational, burial, recreational or other uses.
For the purpose of this chapter, a church is classified as a public
or quasi-public use.
An area of unobstructed vision at street intersections or street and driveway intersections defined by lines of sight between points at a given distance from the intersection of the street and/or driveway center line. See Intersection Visibility in § 27-1406.
A large-scale residential development of five acres or more,
in which individual dwelling units or buildings are grouped together.
Modification or reduction of the minimum yard and lot size requirements
are permitted in exchange for an equivalent amount of land in open
space to be preserved for scenic, recreation, or conservation purposes.
The gross residential density of the underlying district cannot be
exceeded in this type of development.
An establishment housing an occupation, employment or enterprise,
carried on for profit by the owner, lessee, or licensee, involving
a sale of retail goods or the provision of services.
A commercial establishment designed to provide accommodations
or services to motorists, and to provide for non-pedestrian-oriented
retail, wholesale, service and repair activities, typically serving
beyond the needs of the immediate area.
A commercial establishment having a gross floor area devoted
to the sale of retail goods or the provision of services of 2,000
square feet or less that essentially serve the needs of the immediate
area.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use of enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
Any devise used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communication signals, including without limitation
omni-directional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communication Commission (FCC) to operate such device. This definition
shall not include private-residence-mounted satellite dishes or television
antennas or amateur radio equipment including without limitation ham
or citizen band radio antennas.
A structure other than a building such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
A central water or sewerage system, the rates and service
of which are not controlled by a government authority.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A plan, prepared by the Planning Agency, and/or a multi-municipal
planning agency in which the Municipality participates, pursuant to
Article III of the Municipalities Planning Code, Act of the General
Assembly No. 247 approved July 31, 1968, as re-enacted and amended
December 21, 1988, by Act No. 170 (P.L. 1329).
An industrial facility that receives natural gas typically
from natural gas wells via transmission or gathering lines, removes
the water and compresses the gas to the pressures needed in a long-distance
natural gas transmission line. Federal regulations and permits govern
interstate system compressors and state regulations and permits govern
gathering line compressors.
A use which may not be appropriate in a particular zoning
district as a whole but which may be suitable in certain locations
within the district when specific conditions and factors prescribed
within this chapter for such cases are met. Conditional uses are allowed
or denied by the Board Council after recommendation by the Planning
Agency.
A building, a group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar, connection or relationship.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
A commercial establishment offering gasoline, prepared food
primarily for off-premises consumption, packaged food and dairy products,
beverages and related items, typically over extended hours or open
for 24 hours.
An institution for the housing of persons accused of or having
been convicted of committing criminal offenses of a serious nature.
A business where bodies are consumed by incineration and
the ashes of the deceased are collected for burial or storage in urns,
subject to air quality standards and permits under the purview of
the PA Department of Environmental Protection.
The use of land for raising of crops or for timber harvesting
and excluding the keeping of animals.
A center which provides daytime care or instruction for seven
or more persons and operates on a regular basis. Day-care service
may include nursery schools and preschools, but shall not include
services provided by a physician or nurse, or facilities operated
primarily for education, or care classified as a family day-care home.
The unit of measurement for the relative loudness of sounds
to each other, being approximately the smallest degree of difference
detectable by the human ear.
The average number of person, families or dwellings per unit
of area (acre, square mile, etc.).
NET RESIDENTIAL DENSITYDensity of the building site.
GROSS RESIDENTIAL DENSITYDensity of the building site plus traversing streets, alleys and drives, open space and one-half of bounding streets.
A region within a county or counties described in a municipal
or multi-municipal plan that preferably includes and surrounds a city,
borough or village, and within which residential and mixed use development
is permitted or planned for at densities of one unit to the acre or
more, commercial, industrial and institutional uses are permitted
or planned for and public infrastructure services are provided or
planned.
Any landowner, agent of such landowner or lessee with the
permission of such landowner, who makes or causes to be made a subdivision
or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured (mobile) homes; streets, and other paving;
utilities; filling, grading and excavation; drilling operations; storage
of equipment or materials; and the subdivision of land.
Any land development that, because of its character, magnitude,
or location will have substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
The diameter of a tree trunk measured at a point four feet
above ground level.
Any physical activity which results in the modification of
topography by cutting or filling, stripping of topsoil, and/or placing
of physical structures or improvements thereon.
An imaginary circular line on the soil around a tree that
mirrors the circumference of the tree's canopy. The tree's roots usually
extend well beyond this line.
A vehicular way for entrance and exit to a property and circulation
within the property.
See Completely Dry Space and Essentially Dry Space.
Any structure, or portion thereof, which is designed or used
for residential purposes. The term dwelling shall not be deemed to
include motel, boarding or rooming house, bed-and-breakfast inn, hotel,
hospital, or nursing home.
A residential unit providing complete, independent living
facilities for one family including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
A dwelling unit located on a farm which is used as the residence
of the owner of that farm or of persons necessary for the operations
of the farm.
An attached or detached low-rise single-family dwelling unit
with all living space on the ground floor, having direct access to
a yard, sidewalk or garden.
A single-family detached factory manufactured dwelling build
on a chassis, subject to the Manufactured Home Construction and Safety
Standards (HUD) Code, whether or not wheels, axles, hitch, or other
appurtenances of mobility are removed and regardless of the nature
of the foundation provided. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A structure intended for permanent occupancy as a dwelling
consisting of prefabricated sections or components constructed according
to nationally recognized building codes at another location and transported
to the site for assembly, placement upon and attachment to a permanent
foundation.
A building designed for or containing two or more dwelling
units, sharing access from a common hall, stair, or balcony.
A part-time dwelling utilized in conjunction with recreational
pursuits and for the enjoyment of the outdoors.
A single-family attached dwelling of two or more adjoining
dwelling units, each of which is separated from the other by one or
more unpierced firewalls from ground to roof, having individual outside
access.
A dwelling, including a modular home dwelling but excluding
a manufactured home dwelling, designed for and occupied by not more
than one family and having no roof, wall, or floor in common with
any other dwelling unit and having an additional lot with private
yards on all four sides of the house.
A single-family attached dwelling of three or more adjoining
dwelling units, each of which is separated from the other by one or
more unpierced firewalls from ground to roof, having individual outside
access. Rows of attached townhouses shall not exceed eight dwelling
units.
Two dwelling units, each of which is attached side-to-side,
or one above the other, each one sharing only one common wall with
the other. Each unit shall have individual access to the outside.
Authorization by a property owner for use by another of any
designated part of his property for a specified purpose.
Public utility and on-lot facilities that do not require
enclosure in a building, including gas, electrical, steam, telephone,
or water distribution systems; and including related equipment such
as poles, towers, wires, mains, sewers, septic tanks, drain fields,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, and other similar equipment.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
An individual, or two or more persons related by blood or
marriage, or adoption, or including not more than six persons placed
in a foster home by an authorized agency, or a group of not more than
three persons, excluding servants, who are not related by blood or
marriage, living together as a single housekeeping unit in a dwelling.
A public agency licensed, supervised, or operated facility
which provides resident service in a private residence to three or
fewer individuals who are not related to the resident householder.
These individuals are handicapped, aged, disabled, or in need of adult
supervision and are provided twenty-four-hour service and supervision
in accordance with their individual needs. This category includes
group homes for mentally retarded or developmentally disabled persons.
This category does not include day-care centers, foster care homes,
nursing homes, hospitals, halfway houses, prisons, or jails.
A residence offering baby-sitting services and child care
services to a maximum of six children unrelated to the resident household.
A family day-care home is permitted as a home occupation in the residential
district.
A concentrated animal or poultry operation for meat, eggs,
or milk production, or stabling in pens. Also housing where animals
or poultry are fed in confinement.
Any clean soil, rock materials, sand and/or clay used to
raise the ground elevation.
A temporary inundation of normally dry land areas.
A relatively flat or low land area adjoining a stream, river,
or watercourse, which is subject to partial or complete inundation.
The boundary of this area shall coincide with the boundary of the
one-hundred-year flood as defined in this chapter.
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 surface water from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
An area of a municipal or multimunicipal plan outside of
and adjacent to a designated growth area where residential, commercial,
industrial and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provision of public
infrastructure services.
A garage intended for and used for the storage of the private
motor vehicles of the family's resident upon the premises or by individuals
residing in the immediate vicinity of the private garage.
That which exhibits consistency.
The Borough Council of Wellsboro, Tioga County, Pennsylvania.
FINISHThe top surface elevation of lawns, drives, or other improved surfaces after completion of construction or grading operations.
NATURALThe elevation of the original or undisturbed natural surface of the ground.
SUBGRADEThe elevation established to receive top surfacing or finishing materials.
The sum of the total horizontal areas of the building of
all floors of a building sustaining a particular use, measured from
the exterior face of exterior walls, or from the center line of a
common wall separating two buildings or uses, excluding any space
where the floor-to-ceiling height is less than six feet and any interior
parking/garage/loading space.
A public agency licensed, supervised, or operated facility
which provides resident services to four or more individuals of whom
one or more are unrelated. These individuals are handicapped, aged,
or disabled, are undergoing rehabilitation, and are provided twenty-four
hour services to meet their needs. This category includes group homes
(all ages), halfway houses, resident schools, resident facilities,
and boarding homes, personal care homes and assisting living arrangements.
This category does not include day-care centers, family based group
homes, foster homes, nursing homes, hospitals, prisons, or jails.
No group care facility shall be established within 2,500 feet of another
group care facility or family based group home.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, attics, storage or
utility spaces, and similar areas are not considered as a part of
the habitable floor area.
Any structure that is:
Listed in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register; or
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district; or
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs which have been
certified either:
Businesses carried out in residential properties are of two
varieties, separate and distinct from a home occupation:
IMPACT HOME-BASED BUSINESSA business conducted on a lot in conjunction with a residential dwelling unit which may involve additions, renovations and/or new construction that affect the exterior appearance of the property. Such uses include lawn mower or appliance repair shops; carpentry, woodworking, or metalworking shops; antique shops; and other similar uses compatible with the residential character of the lot and district, in terms of goods/services offered, parking requirements (if any), noise, type of shipping/receiving used, utility usage, and appearance of the subject property and structure. The repair of motor vehicles shall be excluded from this use.
NO IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
Any activity conducted entirely within a dwelling, accessory
structure, or on a farm which is clearly consistent and subordinate
to the use of the premises for residential or agricultural purposes
and providing that the exterior appearance of the building is maintained
and there is no exterior evidence of the secondary activity other
than the sign permitted herein.
An incorporated, nonprofit organization operating under recorded
land agreements through which, (a) each lot and/or home owner in a
cluster development or other described land area is automatically
a member; and (b) each lot is automatically subject to a charge for
a proportionate share of the expenses for the organization's activities,
such as maintaining a common property; and (c) the charge if unpaid
becomes a lien against the property.
A building used as the temporary abiding place of 16 or more
individuals who are, for compensation, lodged, with or without meals
and in which no provision is made for cooking in any individual room
or suite. A hotel may include restaurants, newsstands and other accessory
services primarily for serving its occupants and only incidentally
the public.
The floodplain area specifically identified in this chapter
as being inundated by the 100-year flood.
That portion of a lot (expressed as a percentage) that does
not absorb precipitation. All buildings, structures, parking areas,
driveways, roads, sidewalks, and any areas in gravel, concrete, asphalt,
etc. materials shall be considered impervious surfaces.
A tract of land developed for industrial and manufacturing
uses on individual lots usually utilizing a common access road and
utilities.
A public or private facility providing for extended care
of inmates or residents.
Any discarded material, including, but not limited to, scrap
metal, abandoned, inoperable and/or unlicensed motor vehicles, machinery,
equipment, paper, glass, containers and structures. It shall not include
garbage kept in a proper container for the purpose of prompt disposal.
Any place where any junk as hereinafter defined is stored
or disposed of.
A lot or building in which four or more dogs or cats at least
four months of age are kept for the purpose of protecting the animals
from injury, containing the animals, and restraining entrance of other
animals.
A building, part of a building, or other place equipped to
conduct scientific experiments, tests, investigations, studies and
analysis, or to develop or manufacture medicines or chemicals.
Any of the following activities are included as land developments:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503 (1.1), Article V
of the Pennsylvania Municipalities Planning Code.[1]
Any change of the land surface including removing vegetative
cover, excavating, filling, grading, and the construction of any structure.
An agricultural activity such as the planting, growing, cultivating
and harvesting of crops is exempt from this definition.
A piece or parcel of land undivided by any street or right-of-way
and occupied or intended to be occupied by a principal building or
use or a group of buildings conforming with the regulations of this
chapter and its accessory buildings and uses, including all open spaces
required by this chapter, and having frontage on a road.
The computed area contained within the lot lines exclusive
of any street rights-of-way, but including the area of any easement.
The mean horizontal distance between the front and the rear
lot lines.
A legally defined line dividing one parcel of property from
another.
LOT LINE, FRONTThe line separating the lot from the street right-of-way upon which it abuts.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The width of the lot measured at right angles to its center
line, at the front building line.
A lot abutting upon two or more roads at their intersection
or upon two parts of the same road and, in either case, forming an
interior angle of less than 135°.
A lot having frontage on two non-intersecting roads, as distinguished
from a corner lot.
In a mobile/manufactured home park, that portion of land
set aside and/or leased for each respective mobile/manufactured home
placement.
The lower floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area which is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this chapter.
See Dwelling, Manufactured Home.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
non-transient use.
The making, assembly, fabrication and/or processing of goods
or wares by manual labor or by machinery, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales, and distribution
of such products from previously prepared materials, or the making
or refining of finished or semi-finished products from raw materials
or minerals, typically for sale to other industrial users and not
the end consumer.
Under Act 16 of 2016, the Medical Marijuana Act,[2] the term refers to marijuana obtained for a certified
medical use by a Pennsylvania resident with a serious medical condition,
as defined under Act 16 of 2016, and is limited by statute in Pennsylvania
to the following forms: a pill; oil; topical forms, including gel,
creams or ointments; a form medically appropriate for administration
by vaporization or nebulization, excluding dry leaf or plant form;
tincture; and liquid.
A permitted facility providing medical marijuana subject
to the approval and regulation by the Pennsylvania Department of Health
(PADOH) to patients who have been registered and certified as eligible
by PADOH under the regulations of Act 16 of 2016.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the PA Department of Health under Act 16 of 2016
to grow and process medical marijuana.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
The use of a lot for more than one principal use.
See Dwelling, Manufactured Home.
See Manufactured Home Park.
A building or group of buildings located on a lot, arranged
and used for lodging of guests, including convenient parking space
on the premises and facilities for service of food to lodgers and/or
non-lodgers, and may include retail sale of commodities and services,
and facilities for educational activities and recreation for lodgers
and/or non-lodgers.
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal plan as authorized by
this act.
A planning agency comprised of representatives of more than
one municipality and constituted as a joint municipal planning commission
in accordance with Article XI of the Municipalities Planning Code,
or otherwise by resolution of the participating municipalities, to
address, on behalf of the participating municipalities, multimunicipal
issues, including, but not limited to agricultural and open space
preservation, natural and historic resources, transportation, housing
and economic development.
Act of the Pennsylvania General Assembly No. 247 approved
July 31, 1968, as re-enacted and amended December 21, 1988, by Act
No. 170 (P.L. 1329).
The municipal corporation known as Wellsboro, Tioga County,
Pennsylvania.
The following definitions apply to references to natural
gas pipelines in this chapter:
GATHERING LINEA pipeline that transports gas from a current production facility or wellpad to a transmission line.
TRANSMISSION LINEA pipeline, other than a gathering line, that transports gas from a gathering line or storage facility to a distribution or processing facility, or a customer that is not downstream from a distribution center.
DISTRIBUTION LINEA pipeline other than a gathering or transmission line, that transports gas from a common source of supply to one or more individual customers, or to multiple customers served through a meter header or manifold, ending at the outlet of the customer meter or at the connection to the customer's piping, whichever is further downstream.
Structures for which the start of construction commenced
on or after June 20, 1977, and includes any subsequent improvements
thereto.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning 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 sign or structure, the design or size of which does not
conform to the regulations of this chapter for the district in which
it is located.
A building, structure, or premises legally existing and/or
used at the time of adoption of this chapter, or any amendment thereto,
which does not conform with the use regulations of the district in
which located.
An institution for extended care of greater than three aged
or infirm persons, who are residents by virtue of requiring specialized
care and supervision relating to health, social and/or rehabilitative
services, but not for the care and treatment of alcoholism or narcotics
addiction. The facility shall be licensed in accordance with appropriate
state and/or county laws and regulations. A correctional/penal institution
is specifically excluded from this definition.
Act of the Pennsylvania General Assembly No. 6 approved May
20, 1993 (P.L. 12), as amended.
A place where the affairs of a business or a profession are
carried out, not including the manufacture or assembly of products
or merchandise.
A map established by the Borough Council pursuant to Article
IV of the Municipalities Planning Code, Act of the General Assembly
No. 247 approved July 31, 1968, as re-enacted and amended December
21, 1988, by Act No. 170 (P.L. 1329).
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, other hydrocarbons, non-hydrocarbon gas, and any other gas
of any kind, and any constituents thereof, that are produced by drilling
a well of any depth into, through or below the surface of the earth.
Any site preparation, digging or boring of a hole, shaft,
well or other depression in the surface of the earth to explore, develop
or produce oil or gas, or to inject oil or gas, water or any other
fluid or substance into the earth.
Any exploration for oil or gas, whether conducted above or
below the surface of the earth, which may include but is not limited
to exploration wells, gravity surveys, magnetic surveys, seismic surveys
of any kind, and any other geophysical tests or surveys.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has 1% chance of occurring each year, although
the flood may occur in any year).
An area of land or water, or a combination of land and water
on a parcel of land that is free of improvement and impervious surfaces.
Public or private outdoor recreational uses and activities,
including but not limited to: campgrounds; recreational vehicle parks;
marinas; day camps; picnic grounds; golf courses; boat launching and
swimming areas; hiking, bike, and horseback riding trails; wildlife
and nature preserves; game farms; fish hatcheries; trap and skeet
ranges; and hunting and fishing areas.
A permanently surfaced area of one or more parking spaces
designed or used for the parking of self-propelled vehicles and available
to the public, whether for a fee or as an accommodation to clients
or customers.
A permanently surfaced area of not less than 180 square feet,
either within a structure or in the open, exclusive of driveways or
access drives, for the parking of a motor vehicle.
A foundation when constructed using approved methods and/or
standards and materials shall remain intact for an interminable amount
of time, and shall not be moveable or relocateable.
A document issued by the Municipality, authorizing an applicant
to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter and authorizing an applicant to proceed with the construction or development of the use, building or structure.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises complies with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
Any use which does not require special action by the Zoning
Hearing Board or by the Borough Council before a zoning permit is
granted by the Zoning Officer.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A map, plat or layout showing the subdivision of land and
indicating the location and boundaries of individual lots or properties.
The Planning Commission of Wellsboro Borough, Tioga County,
Pennsylvania.
A roofed or unroofed structure projecting from the front,
side, or rear wall of the building which shall have no wall more than
30 inches high and which shall be open on all sides, except the side
adjoining the building.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services county soil
survey.
A building housing the main or principal use of the lot on
which the building is located.
An airport, licensed by the Pennsylvania Department of Transportation,
Bureau of Aviation, which is privately owned and which is not open
or intended to be open to the public.
Professional offices shall include the office of a physician,
dentist, optometrist, minister, architect, landscape architect, city
planner, engineer, insurance agent, realtor, accountant, lawyer, author,
or other similar professional occupations.
See Lot Line.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Municipalities Planning
Code and this chapter.
A designated growth area and all or any portion of a future
growth area described in a county or multimunicipal Comprehensive
Plan where public infrastructure services will be provided and outside
of which such public infrastructure services will not be required
to be publicly financed.
Services that are provided to areas with densities of one
or more units to the acre, which may include sanitary sewers and facilities
for the collection and treatment of sewage, water lines and facilities
for the pumping and treating of water, parks and open space, streets
and sidewalks, public transportation and other services that may be
appropriate within a growth area, but shall exclude fire protection
and emergency medical services and any other service required to protect
the health and safety of residents.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the Sunshine Act.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Uses or structures designed, intended or arranged for the
use or service of the general public, although the fees and conditions
of such use may be determined and regulated by the operator thereof,
e.g. banks, post offices, churches, cemeteries, schools, recreation
areas, community centers, fire halls, and other uses of the same general
character.
The erection, construction, alteration, operation or maintenance
of buildings, power plants or substations, water treatment plants
or pumping stations; sewage disposal or pumping plants and other similar
public service structures by a utility, whether publicly or privately
owned, or by a municipal or other governmental agency, including the
furnishing of electrical, gas, communication, water supply and sewage
disposal services.
A water or sewerage system which is owned and operated by
a local government authority or by a local utility company adequately
controlled by a governmental authority.
Areas for playgrounds, play fields, court games and/or swimming
pools, but excluding social or fraternal clubs or clubhouses. For
the purpose of this chapter, a recreation area is classified as a
public or quasi-public use.
A profit or nonprofit business in which amusement, entertainment,
cultural events, play or other exercise is offered or sold. This use
shall not include the sale of products other than recreation. Such
facilities may include but not be limited to theaters, clubs, lodges,
social halls, indoor skating rinks, gymnasiums, and exercise centers.
A vehicle which is (i) built on a single chassis; (ii) not
more than 400 square feet, measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; (iv) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Any site upon which two or more recreational vehicles are,
or are intended to be located. This use may include the single family
detached dwelling of the owner or operator of the facility. For the
purpose of this chapter, a recreational vehicle park is classified
as an outdoor recreation use.
The 100-year flood elevation.
An establishment offering in-premises dining for patrons
in tables, booths and/or stools, and/or on a take-out basis in-establishment
without drive-through facilities.
An establishment offering in-premises dining for patrons
in tables, booths and/or stools, and/or on a take-out basis either
in-establishment or via drive-through facilities.
A self-propelled vehicle or hauled trailer or cart on wheels
equipped to cook and sell food, primarily for off-premises consumption.
A place of business engaged in the selling of goods and merchandise
to the general public for personal, business or household use and
rendering services incidental to the sale of such goods.
That portion of land dedicated to the public for use as a
street, drain, ditch, stream, utility easement or crosswalk.
See Street.
A structure designed or used for the display or sale of neighborhood
agricultural products or other goods produced on the premises upon
which such a stand is located.
An area described in a municipal or multimunicipal plan within
which rural resource uses including, but not limited to agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism are encouraged and enhanced,
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
A visual obstruction or suitable fence or wall at least six
feet high or attractive, maintained shrubs or hedges a minimum of
four feet high intended as a barrier to visibility, glare and noise
between adjacent properties.
A warehousing facility where separate storage spaces of varying
size are available for lease or rental, usually on a self-service
basis. For the purposes of this chapter, there shall be no residential
occupancy nor commercial sales conducted from such storage areas.
See Building Lines.
A commercial land development involving a group of retail
and/or services establishments planned, constructed, and managed as
a total entity; with customer and employee parking provided on-site,
and provision for goods delivery typically separated from customer
access.
The renting out of a furnished home, apartment or condominium
unit, otherwise used as a principal residential use on the subject
property, by the owner of record, for a short-term business or vacation
stay by the day, week or period up to 30 days, with the owner also
in residence during rental period. Marketing may be via Airbnb, FlipKey,
Vacation Rentals By Owner, or other service providers, or individually
by the owner of record.
Any exterior name, identification, description, display,
or illustration exposed to public view which directs attention to
an object, product, place, activity, person, institution, organization
or business. A projecting or free-standing sign with two faces shall
be considered as a single sign. All sign material and information
contained within a single frame support shall be considered as one
sign. Specific sign definitions are included in Part 14.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered elsewhere than
upon the premises where such sign is located, or to which it is affixed.
The following describes the manner of determining area for
different general types of signage:
For a sign, either free-standing or attached, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed
on which they are displayed, but not including any supporting framework
and bracing which are incidental to the display itself.
For a sign painted upon or applied to a building, the area shall
be considered to include all lettering, wording and accompanying designs
or symbols together with any background or a different color than
the primary color of the building.
For a sign consisting of individual letters or symbols attached
to or painted on a surface, building, wall or window, the area shall
be considered to be that of the smallest rectangle or other geometric
shape which encompasses all the letters and symbols.
A sign which directs attention to a business or profession
conducted, or to a commodity, service, or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
Any sign or structure which is not securely attached to the
ground or other structure.
A use which by its unique characteristics requires individual
consideration by the Zoning Hearing Board before a zoning permit may
be decided upon.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Land or portions of land and/or lots having slopes of 15%
or more vertical per 100 feet horizontal when there are five adjacent
contour intervals of two feet each, such that, in aggregate, they
delineate a slope of at least 15%. This chapter further categorizes
steep slopes as follows:
SLOPES OF 15% BUT LESS THAN 25%Slopes of 15% but less than 25% (e.g., sloping 15 feet or more vertical per 100 feet horizontal) when there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 15% but less than 25%.
SLOPES OF 25% OR MORESlopes of 25% or greater slope (e.g., sloping 25 feet or more vertical per 100 feet horizontal) when there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 25%.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling
next above it.
The lowest story or the ground story of any building, the
floor which is not more than 12 inches below the average contact ground
level at the exterior walls of the building.
A partial story under the gable, hip, or gambrel roof, the
wall plates of which on at least two opposite exterior walls are not
more than four feet above the floor of such story.
A public or private right-of-way of the required width which
affords the principal means of access for vehicles and pedestrians
to abutting property. The term "street" shall include street, avenue,
drive, circle, highway or any similar term except an alley.
A street which, in addition to providing access to abutting
properties, intercepts minor streets to provide a route to arterial
streets. Collector streets are so designated in the Wellsboro Comprehensive
Plan.
An established line marking the extent of the road or street
right-of-way regardless of whether or not such right-of-way is dedicated.
A street serving a large volume of comparatively high speed
and long distance traffic, including all streets classified as arterial
streets in the Wellsboro Comprehensive Plan.
Streets within subdivisions and developments, including marginal
access streets and cul-de-sac streets, which are designed to afford
primary access to abutting property.
All streets and rights-of-way not dedicated, accepted, and
maintained as public streets.
All streets and rights-of-way open to public use and maintained
by, or dedicated to and accepted by the Borough or PennDOT.
Any change in the structural members of a building, such
as walls, columns, beams or girders, or an addition to any structure.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds, fences,
walls, signs, mobile homes, recreational vehicles, and other similar
items. Public utility and on-lot facilities that do not require enclosure
in a building (see Essential Services) shall not be considered structures.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
development; provided, however, that the subdivision by lease of land
for agricultural purposes into parcels of more than 10 acres, not
involving any new streets or easements of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any construction, reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
"substantial damage" regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a "historic
structure".
The extraction of minerals from the earth or from waste or
stock piles or from pits or banks by removing the strata or material
which overlies or is above or between them or otherwise exposing and
retrieving them from the surface, including but not limited to strip,
drift, and auger mining, dredging, quarrying, leaching and activities
related thereto, but not including those mining operations carried
out beneath the surface by means of shafts, tunnels, or other underground
mine openings. "Surface mining" shall not include (i) the extraction
of minerals (other than anthracite and bituminous coal) by a landowner
for his own non-commercial use from land owned or leased by him; nor
(ii) the extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for highway construction purposes, so long as such work
is performed under a bond, contract and specifications which substantially
provide for and require reclamation of the areas affected in accord
with DEP requirements.
A form of body modification or art, where a design is made
by inserting ink, dyes and pigments, either indelible or temporary,
into the dermis layer of the skin to change the pigment.
A commercial establishment offering tattoo services for patrons
either as a principal or ancillary service.
A building or part of a building devoted to the showing of
moving picture or theatrical productions on a commercial basis. See
Recreation or Entertainment Facility.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures or theatrical
productions on a commercial basis to patrons seated in automobiles
or on outdoor seats. See Recreation or Entertainment Facility.
See Bed-and-Breakfast Inn.
The area of the entire development lot including all buildings,
individual unit lots, open space, and required yards.
Any type of enclosed structure, trailer portion of a tractor-trailer
combination, bus, mobile home, vehicle, or portion of a vehicle, whether
with wheels, hitch, or other appurtenances of mobility that is used
for storage of materials on a lot. Any such structure shall be treated
as an accessory structure, subject to all regulations applicable to
accessory structures. A zoning permit shall be required for any such
apparatus that exceeds 100 square feet of storage area.
See Recreational Vehicle.
A building or area in which trucks may be parked, stored
or serviced and where freight may be loaded, unloaded or transferred
to/from truck trailers and/or intermodal trailers and/or containers.
A truck terminal may include facilities for the temporary storage
of goods prior to transshipment or local delivery.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A retail outlet specializing in the selling of electronic
cigarette products, either as a principal or ancillary service/product,
which may include a lounge area for on-site use of products by customers.
The departure to a minor degree from the text of the chapter
in direct regard to a hardship peculiar to an individual lot authorized
by the Zoning Hearing Board in accordance with the procedures set
forth in this chapter.
Terminal facilities and buildings used for the storage of
goods and materials and/or handling of freight with or without maintenance
facilities.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or as otherwise
disposed in accord with PA Department of Environmental Protection
definitions and regulations.
A municipal or municipal authority owned and operated facility
where land, structures and other appurtenances or improvements are
utilized for the processing or disposal of municipal, residual, or
hazardous waste.
The open, unoccupied space on the plot between the property
line and the front, rear and side building lines (See Building Line).
The sale by a resident conducted on the premises of tangible
personal property, such as used clothing and household articles accumulated
over several years as part of everyday living, belonging to the owner
or occupant of such property.
A portion of the municipal area within which certain uniform
regulations and requirements or various combinations thereof apply
under the provisions of this chapter.
The Zoning Hearing Board for Wellsboro, Tioga County, Pennsylvania.
The Official Zoning Map of Wellsboro, Tioga County.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
See Permit.
