[Ord. 8-1994, 12/12/1994, § 1300]
Unless the context otherwise requires, the following definitions
shall be used in the interpretation of this chapter. Words used in
the present tense shall include the future; the singular shall include
the plural, and the plural the singular; the word "person" shall include
a corporation, partnership, trust, company, organization, firm and
association as well as an individual; the word "lot" shall include
the words "plot" and "parcel"; the term "shall" is mandatory, the
word "may" permissive; and the word "used" or "occupied" as applied
to any land or building shall be construed to include the words "intended,
arranged or designed to be used or occupied."
[Ord. 8-1994, 12/12/1994, § 1301; as amended by
Ord. 6-2007, 10/8/2007]
As used in this chapter, the following terms shall have the
meanings indicated:
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings or
the replacement of the nonconforming use or structure.
A means, other than a street, which provides vehicular access
from a street or public road to a lot; e.g., a driveway or private
right-of-way.
A residential dwelling unit which is accessory to the principal commercial use of a lot, i.e., an apartment located above or adjoining a retail establishment. (See also § 425.)
The sharing of all or part of a common lot with another lot
or parcel of land.
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas," or an establishment with a segment or section devoted
to the sale or display of such material.
A club, restaurant, bar, tavern, theater, hall or similar
establishment which features male and/or female entertainers whose
performance includes "specified sexual activities" and/or reveals
or displays "specified anatomical areas."
Adult book stores, adult cabarets, adult mini-motion picture
theaters, adult motion picture theaters, adult walk-in picture theaters,
amusement arcades, massage parlors and similar establishments providing
entertainment of a sexual nature.
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
by patrons therein.
An enclosed building with a capacity of 50 or more persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or specified anatomical areas" for observation
by patrons therein.
An area neither enclosed nor open to the sky (e.g. a pavilion,
tent, etc.) where material presented is distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
of patrons therein.
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Borough
official for the purpose of obtaining approval thereof.
The sale of agricultural products or commodities, including,
but not limited to, farm produce, seed, fertilizers and farm machinery.
Any farm building or structure used for storing agricultural
equipment or farm produce, housing livestock or poultry or processing
dairy products. Such buildings shall not be used for residential purposes.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
aquaculture, forestry, animal and poultry husbandry and the accessory
uses for packing, treating or storing the produce; provided, however,
that the operation of any such accessory use shall be secondary to
that of the normal agricultural activities.
A permanent, public serviceway providing a secondary means
of access to lots, not intended for general traffic circulation.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or increasing in height, or the moving
from one location or position to another. An alteration does not include
maintenance and repair.
An establishment which has as its principal business offering
to patrons mechanical, electrical or video amusement devices or games
such as pinball machines, ping pong, darts, rides, shooting galleries
or similar devices and games.
An establishment where animals are given medical or surgical
treatment and may be boarded for short-term care incidental to their
treatment.
Any lessee or his authorized agent who submits plans, data
and/or applications to the Zoning Officer or other designated Borough
official for the purpose of obtaining approval thereof.
The surface included within a set of lines.
AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
AREA, BUILDINGThe total area of a lot covered by buildings, excluding uncovered porches, terraces and steps.
AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
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.
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.
A building or place of business 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.
The complete set of municipal policy goals and community
development objectives addressing the future growth and development
of Hughesville Borough, Lycoming County, Pennsylvania, adopted by
resolution of the Borough Council.
That portion of a building partly underground but having less
than 1/2 of its clear height below the average lot grade. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if it is used for
business or dwelling purposes.
For floodplain management purposes, a basement shall be that
area of a building or structure having its floor subgrade (below ground
level) on all sides.
An establishment, dwelling or part thereof, in which individual
rooms are offered for transient or temporary lodging purposes by the
owner or operator for limited periods of time. Meals may also be provided
for overnight guests as a part of the lodging fee. (See also § 414.)
The Zoning Hearing Board of Hughesville Borough.
See "rooming or boarding home."
The governing body of Hughesville Borough.
Yard space, either landscaped or planted, provided between
high intensity activities and residential uses which serves as a barrier
to noise and/or visibility. (See § 506.)
A structure having walls and a roof which is used for the
shelter, housing or enclosure of persons, animals or property. The
word "building" shall include any part thereof. Included shall be
all mobile or manufactured homes and trailers to be used for human
habitation.
BUILDING, ACCESSORYA detached, subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
BUILDING, PRINCIPALA building in which the principal use of the site is conducted.
BUILDING, ATTACHEDA building which has one or more walls in common with adjacent buildings.
BUILDING, DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
That percentage of the plot or lot area covered by the principal
and accessory buildings, including covered porches, carports, and
breezeways, but excluding open patios, parking or loading areas.
A vertical distance measured from the average elevation of
the ground surrounding the building to the highest point of the roof
for flat or mansard roofs, and to a point midway between the highest
and lowest point of the roof for gable, hip or gambrel roofs, excluding
chimneys, spires, towers, tanks and similar projections which are
attached to the building.
The line established by the required minimum front yard setback
from the street center line or right-of-way for buildings and/or structures.
The building line shall be the point at which the lot width shall
be measured.
A group of rooms occupied by three or more members of a recognized
profession(s) used for conducting the affairs of such profession.
Such facilities may be created by the conversion of an existing structure,
or they may be located in an office building or office complex. (See
also "home occupation" and "professional office.")
A tract or tracts of ground, or portion thereof, used for
the purpose of providing spaces for recreational vehicles or tents
for camping purposes, with or without a fee charged for the leasing,
renting, or occupancy of such space. Such facility may also include
a recreational vehicle park.
Any building or premises used for washing automobiles or
other motor vehicles.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
The area of a street or alley within which vehicles are permitted,
including travelled lanes and on-street parking spaces, but excluding
shoulders, curbs, sidewalks or drainage swales.
A portion of a building partly underground, having 1/2 or
more than 1/2 of its clear height below grade. A cellar shall not
be considered in determining the permissible number of stories.
The certificate required by this chapter which indicates
that all work authorized by the project's zoning permit has been satisfactorily
completed or, in a case involving no construction, a proposed new
use is in compliance with the terms of this chapter.
A certificate issued by the Zoning Officer which acknowledges
the existence of a nonconforming use, structure or lot as of the effective
date of this chapter, thereby authorizing its right to continue until
it is eliminated or abandoned.
An alteration of a building or a change of the use existing
within a building or on a lot to a new use which imposes other provisions
of this chapter.
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points which are a specified distance
from the intersection of the street center lines.
An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists, psychologists or
social workers, and where patients are not lodged overnight.
An establishment where animals are examined and treated but
where no boarding related to such treatment is provided. (See also
"animal hospital.")
A building or premises catering exclusively to the members
of a nonprofit organization and their guests for social, recreational
or administrative purposes. Clubs shall include, but need not be limited
to, service or fraternal organizations, as well as other social, athletic
or similar groups.
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 use permitted in certain districts, as provided for in Part 3, which may only be authorized by the Borough Council as set forth in § 1102.
A building or 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.
See "new construction."
A building or buildings and space used for the storage of
construction equipment and/or building materials. Such uses may also
include equipment repair facilities and office space.
A retail establishment selling a limited range of food products
as well as some household or other consumer goods. Such facilities
generally offer fewer items and maintain a smaller inventory of merchandise
than a supermarket. In some cases, gasoline and related automotive
supplies are also offered on a self-service basis.
A single family detached dwelling which is converted for residential occupancy by not more than two families, except as may be provided in § 405.
Lycoming County, Pennsylvania.
Art galleries, auditoriums, libraries, museums, community
centers, botanical gardens, adult education centers or other similar
facilities, open to the public or connected with a permitted educational,
philanthropic, service or religious use.
A private facility enrolling more than 12 young children
where tuition, fees or other forms of compensation for the care of
the children is charged, and which is licensed, inspected and approved
to operate as a child day care center by the Pennsylvania Department
of Public Welfare.
The number of families, individuals, dwelling units or housing
structures permitted to be constructed or situated on a specific unit
of land.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes or manufactured housing, streets and other
paving, utilities, filling, grading, excavation, mining, dredging,
or drilling operations, the storage of equipment and materials and
the subdivision of land.
An industrial building or group of buildings containing more
than 10,000 square feet of gross floor area and/or more than four
loading berths or docks where merchandise is stored for ultimate distribution
to specific wholesale operators. (See also "warehousing facility"
and "wholesale uses.")
A zoning district as identified on the official Borough Zoning
Map, along with the regulations pertaining thereto.
A temporary structure extending into a stream or other body
of water for the purpose of securing a boat(s).
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A building, structure or shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
DWELLING, SINGLE FAMILY DETACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below. (See "mobile home.")
DWELLING, SINGLE FAMILY ATTACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and a portion of one or two walls in common with an adjoining dwelling(s); i.e., a townhouse or garden apartment. For purposes of this chapter, single family attached dwelling structures shall contain a minimum of three dwelling units.
DWELLING, TWO FAMILY ATTACHEDAn attached or semiattached building containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar; i.e., a duplex.
DWELLING, MULTIFAMILYA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures, as defined herein; an apartment building.
One or more rooms in a dwelling structure designed for the
use of one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles and facilities for transient lodging shall not be considered
as dwelling units for the purposes of this chapter.
A use which is located entirely within a building or structure.
An indoor facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, amusement arcades, motion picture theaters, health clubs and similar types of establishments, but excluding adult entertainment facilities. (See also § 416.)
Utility services provided by public utility companies, governmental
agencies or public service corporations which are necessary for the
preservation of the public health and safety. Such services shall
include, but need not be limited to, the placement, construction,
alteration, use or maintenance of underground or overhead electrical,
telephone, television, natural gas, water or sewage disposal systems,
and may include the use of poles, wires, lines, mains, drains, sewers,
pipes, conduits, cables, hydrants, traffic signals or other similar
equipment. (See also § 422.)
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.
All forms of antennas utilized within the Borough for telephone, telecommunication, radio, television or other forms of communication (including microwave and satellite earth stations or dishes), except antennas utilized by government agencies or antennas regulated by applicable laws relating to public utilities. Exterior antennas shall include the towers, receiving dishes or receiving fixtures, bases, supports, guidewires, transmission wires and all attachments. (See also § 429.)
One or more persons occupying a single dwelling unit and
living as a single household unit, whether or not related by blood,
marriage or adoption. (See also "group family household.")
A family residence where care is provided for no more than
six children by an occupant of the home and which is registered by
the Pennsylvania Department of Public Welfare to provide such care.
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within. For the
purposes of this chapter, a fence shall be considered to be a structure.
For the purposes of this chapter, fine arts shall be defined
as the art of drawing, painting, sculpting, jewelry-making or other
similar types of creative activities usually requiring specialized
skills.
A temporary inundation of normally dry land areas.
That portion of the 100-year floodplain outside the floodway.
A flood that on the average is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year.)
A flood that on the average is likely to occur once every
500 years (i.e. that has less than a one-percent chance of occurring
each year, although the flood may occur in any year).
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 or their contents. (See Part 6 for flood damage
control provisions.)
The designated area of a floodplain required to carry and
discharge the flood waters of a 100-year flood.
The area of a structure covered by floors.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces for motor vehicles or basement or cellar floor areas where this area is not used for business or dwelling purposes, but including the area of roofed porches and terraces.
FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings and
the hydrological effect of urbanization of the watershed.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
A building or structure used for the parking and storage
of vehicles.
GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public; provided, however, that no more than two spaces therein may be leased to nonresidents of the premises.
GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation.
GARAGE, REPAIRSee "automotive repair shop."
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated 100-year
floodplain area on the Borough's Flood Boundary and Floodway Maps.
The degree of rise or descent of a sloping surface.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GRADE, FINISHEDThe final elevation of the ground surface after development.
A residence where day care is provided for between seven
and 12 children by an occupant of the home and which is licensed and
inspected by the Pennsylvania Department of Welfare to provide such
care.
A group of individuals not related by blood, marriage, adoption
or guardianship living together in one dwelling unit as a single housekeeping
unit under a common housekeeping plan based on an intentionally structured
relationship providing organization and stability.
A facility or dwelling unit housing persons unrelated by blood or marriage which operates as a group family household, including, but not limited to, homes for orphans, foster children, the elderly, battered children and women, mentally or physically handicapped individuals and specialized treatment facilities providing less than primary health care. For the purposes of this chapter, such facilities shall not include sobriety houses or facilities for drug or alcohol rehabilitation. (See also § 410.)
Any structure that is:
Listed individually 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.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
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.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An accessory use or occupation providing or offering a service which is conducted entirely within the operator's dwelling or in a building accessory thereto, which use is clearly secondary to the use of the dwelling for residential purposes and does not change the character thereof. (See § 424.)
A building or structure containing rooms intended or designed
to be used, rented or occupied for sleeping purposes by transient
guests, where such rooms have no independent outside access and where
provision may be made for general dining room or restaurant facilities
within the building.
Those floodplain areas specifically identified in this chapter
as being inundated by the 100-year flood, including areas identified
as Floodway (FW), Flood Fringe (FF) and General Floodplain (FP).
A tract of land which has been planned, developed and is
operated as an integrated facility for a number of individual industrial
uses, with special attention to circulation, parking, utility needs,
aesthetics and compatibility.
That portion of the national system of interstate highways
located within the Commonwealth as officially designated or as may
be hereafter so designated by the state and/or United States Departments
of Transportation.
Any discarded article or material not ordinarily disposed
of as rubbish, garbage or refuse and including, but not limited to,
scrap metal, scrapped, abandoned or junked automobiles, machinery,
equipment, paper, rags, glass containers and other salvageable materials.
For purposes of this chapter, the term "junk" shall not include hazardous
wastes or materials, residual wastes or municipal wastes as defined
in the Pennsylvania Solid Waste Management Act.
Any motor vehicle which does not bear a current license,
registration and inspection or which is in inoperable condition and
is stored outside of an enclosed building or is not covered by an
opaque tarp.
Any outdoor establishment, place of business or use of land
which is maintained, used or operated for storing, keeping, buying
or selling junk or junked or abandoned motor vehicles. For the purposes
of this chapter, such facility may also be referred to as an auto
salvage operation or scrap processing facility.
For the purposes of this chapter, a kennel shall be defined
as an establishment where five or more dogs or domesticated animals
more than six months old are housed, groomed, bred, boarded, trained
or sold. House pets in a private home are excluded. In addition, all
requirements of the Pennsylvania Dog Law, administered by the Pennsylvania
Department of Agriculture, shall be met before establishing a kennel.
Any of the following activities:
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.
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.
The legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase (whether or not such option is
subject to any condition), a lessee, if he is authorized under the
lease to exercise the right of the land owner or other person having
a proprietary interest in the land.
Grass and other plantings such as trees, shrubs and/or bushes.
A business premises equipped with individual clothes washing
and drying machines for the use of retail customers. For the purposes
of this chapter such facilities shall not include laundry facilities
provided as an accessory use, such as those provided for an apartment
building.
A manufacturing, assembly or processing activity which meets the performance standards, bulk controls and other requirements of this chapter. (See also § 418.)
A space accessible from a street or alley in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREASee "area."
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line (i.e. a corner lot), between such lot line and the opposite lot line.
LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another along its rear lot line, with frontage on both streets.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on both an arterial or collector street and a local street, with vehicular access solely from the latter.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street or street right-of-way; or the lot line at the front of the parcel.
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.
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Lycoming County,
Pennsylvania.
The lowest floor of the lowest fully enclosed area of a building
or structure (including basement or cellar). An unfinished, flood
resistant partially enclosed area, used solely for parking of vehicles,
building access or incidental storage, in an area other than a basement
or cellar area is not considered a building's lowest floor; provided,
that such space is not designed and built so that the structure is
in violation of the applicable nonelevation design requirements of
this chapter.
A workshop, manufacturing facility or other industrial operation
where machines are built, repaired or rebuilt. For the purposes of
this chapter, such facilities shall include tool and die making, engine
rebuilding, and similar types of activities.
The act of producing, preparing or assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
The fair market price of a structure or property as determined
by an appraiser or insurance adjuster; the price at which both buyer
and seller are willing to do business.
An establishment in which there exists the offering or furnishing
of services in which "specified sexual activities" occur.
The replacement of existing work with equivalent materials
for the purpose of 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 any minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and is constructed so that it may be used without a permanent foundation. For floodplain management purposes, the term shall also include park trailers, travel trailers, recreational vehicles and other similar types of manufactured homes which are placed on a site for a period of time exceeding 180 consecutive days. (See also § 404.)
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
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 mobile homes. For floodplain management purposes, the term shall also include facilities for the placement of two or more park trailers, travel trailers, recreational vehicles and other similar types of manufactured housing for a period of time exceeding 180 consecutive days. (See also § 409.)
Waste material originating from residential, municipal, commercial
or institutional establishments, including sludges from water supply
treatment plants, waste water treatment plants and air pollution control
facilities not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act. The term does not include source-separated
recyclable materials.
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and postclosure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition landfill
or a facility for the land application of sewage sludge.
Hughesville Borough, Lycoming County, Pennsylvania.
An individual skilled in music or proficient in the use of
a musical instrument including, but not limited to, a professional
performer or a composer.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, location or relocation of a building (including
mobile and manufactured homes), structure and/or improvements (such
as streets, utilities, etc.). For floodplain management purposes,
the term shall mean all structures for which construction commenced
on or after September 15, 1981, and includes any subsequent improvements
thereon.
A business or commercial activity administered or conducted as an accessory use in a residential dwelling located in a residential district which is clearly secondary to the use of the residence as a dwelling and which meets the no-impact criteria set forth in § 424 of this chapter.
A lot which does not conform to the minimum width, depth or other dimensional requirements specified for the district in which it is located (Part 3), including those lots which existed prior to the enactment of this chapter. (See § 902 for applicable provisions.)
A structure or part of a structure not designed or built
to comply with the use or extent of use provisions of this chapter,
including those structures which lawfully existed prior to the enactment
of this chapter or amendment. Such nonconforming structures include,
but shall not be limited to, nonconforming signs. (See § 901
for applicable provisions.)
A use of a building or land which does not comply with the applicable use regulations (Part 3) of this chapter or amendment, including those uses which lawfully existed prior to the enactment of this chapter or amendment. (See § 901 for applicable provisions.)
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
A state-licensed institutional establishment which provides
full time convalescent or chronic nursing and/or medical care. Such
facilities shall not provide surgical, obstetrical or other services
generally provided by a hospital.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
downstream to the damage of life or property.
Space not occupied by a structure, open to the sky, and on
the same lot with the building or structure.
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities.
A temporary use, activity or event of short-term duration, such as a carnival, circus, fair, festival or other similar occurrence. (See also § 426, Subsection 1.)
A public, semipublic or private park or park-type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues or other groups or may be strictly independent. (See § 419.) See also "recreation facility."
An off-street area on a lot available for the parking of
one motor vehicle and having direct, usable access to a street or
road. A parking space may include covered garage space or uncovered
lot space located off of the public right-of-way. (See also Part 8.)
A wall on an interior lot line or a wall adapted for joint
service between two buildings.
A use allowed in a zoning district, subject to the applicable
district regulations, and approved 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 state-licensed institutional facility providing supervised
care services, including meals and less than full-time skilled or
intermediate nursing care, for individuals, usually the elderly.
For the purposes of this chapter, a personal service business
shall include, but need not be limited to, a barber shop, beauty parlor,
self-service laundry and dry cleaning establishment, a tailor or dress-making
shop, small appliance or equipment repair facility or other establishment
of a related nature.
The Planning Commission of Hughesville Borough, Lycoming
County, Pennsylvania.
That portion of connected main highways located within the
Commonwealth as officially designated or as may be hereafter so designated
by the state and/or United States Department of Transportation.
An office occupied by up to two members of a recognized profession
used for conducting the affairs of said profession. A professional
office may be considered a home occupation when conducted from a residence
by a member of the resident family and when the office is clearly
secondary to the residential use of the dwelling. Professional offices
may be created by the conversion of an existing structure, or they
may be situated in an office building or office complex. (See also
"home occupation" and "business office.")
A formal meeting held pursuant to public notice by the Borough
Council, Borough Planning Commission or Borough Zoning Hearing Board,
intended to inform and obtain public comment, prior to taking action
in accordance with this chapter.
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 Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
An outdoor public, semipublic or private facility intended to provide recreational enjoyment to or for its users, i.e. a playground or tot lot, tennis courts, football, soccer or other athletic fields, picnic areas, driving range, miniature golf course or similar facility. (See § 419.) See also "park or playground."
Public, semipublic or private outdoor recreational facilities,
including fair grounds, golf courses, golf driving ranges, miniature
golf courses, church or service club-affiliated camps or similar facilities.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Such vehicles are permitted to be used only in campground areas or
recreational vehicle parks in the Borough or on private independent
parcels.
Any site upon which two or more recreational vehicles are,
or intended to be, located. (See also "campground.")
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
based; the 100-year flood.
The 100-year flood elevation.
A retail establishment where food and drink is prepared,
served and consumed primarily within the principal building.
A place of business engaged in selling goods and merchandise
to the general public for personal or household use and rendering
services incidental to the sale of such goods. (See also "wholesale
use".)
A temporary booth, stand or shelter located along a roadway
(but off of the road right-of-way) from which farm, nursery or greenhouse
products, fireworks or crafts are offered for sale to the general
public. For the purposes of this chapter, such stands may be located
in a C-1 or C-2 Zoning District.
A single family dwelling or part thereof, where lodging is
provided for a fee by the owner or operator for no more than three
additional nonfamily or unrelated individuals for periods of time
exceeding one week, whether or not provision has been made for meals.
For the purposes of this chapter, a satellite dish antenna
shall be defined as an accessory structure capable of receiving radio
or television signals from a transmitter or transmitter relay located
in planetary orbit. See also "exterior antennas."
An establishment or facility or part thereof which is designed,
constructed or used for public or private education or instruction
in any branch of knowledge.
See "junkyard."
The provision of a barrier to visibility, glare and noise
between adjacent properties made of plant materials, such as trees
or shrubs which will be of such species that will produce the desired
visual screen. Such plantings shall, however, adhere to the requirements
of § 507 and shall be broken at points of vehicular or pedestrian
access or utility easements.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of the Commonwealth or otherwise
provide for the safe and sanitary treatment and disposal of sewage
or other wastes.
SEWAGE SYSTEM, COMMUNITYA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
SEWAGE SYSTEM, INDIVIDUALA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
A group of commercial establishments, planned, developed,
owned and managed as a unit and related in location, size and type
of shops to the trade area that the unit serves; it provides on-site
parking in definite relationship to the types and sizes of stores.
For the purposes of this chapter, such facilities shall also include
the "shopping malls."
Any device, structure or object of visual communication which is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any government. (See § 701 for definitions of various types of signs.)
The entire face of a single side of a sign, including all
advertising surface and any framing, trim or border area, but excluding
any supporting framework or bracing.
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less.
For the purposes of this chapter, a sobriety house shall be defined as a residence where two or more unrelated persons recovering from alcohol or chemical dependency are residing. (See also § 430.)
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. (See also "municipal waste.")
For the purposes of this chapter, such areas shall include
less than completely and opaquely covered: human genitals; pubic region;
buttock; female breast below a point immediately above the top of
the areola; and human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
For the purposes of this chapter, such activities shall include
sexual stimulation or arousal of human genitals; acts of human masturbation,
oral sex, sexual intercourse or sodomy; and/or fondling or other erotic
touching of human genitals, pubic region, buttock or female breast.
A building in which one or more horses are boarded, whether
or not for compensation, hire or sale.
A place or space for storing goods, articles of personal
property, materials, etc.; or the maintenance of goods, articles of
personal property, materials, etc., on a site or at a location for
a period of time.
The container portion of a tractor-trailer truck which has been detached from the tractor, placed on a lot with a principal use in the Central Business or Industrial District, and is being used or is intended to be used for storage purposes. (See also § 431.)
Storage of goods, materials or merchandise outside of a fully
enclosed building or structure as accessory or incidental to an approved,
principal use in a Central Business or Industrial District. Perpetual
outside commercial or industrial storage shall meet the requirements
of § 508.
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling next above it.
A space under a sloping roof where the line of intersection
of the roof and wall plate is not more than three feet above the floor
level and in which space the possible floor area with head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
Any thoroughfare, whether public or private, located in whole
or in part within Hughesville Borough, excluding alleys. The word
"road" may be used interchangeably with the word "street."
The dividing line between the street right-of-way and the
lot.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
buildings, sheds, fences and signs, but excluding poles, playground
equipment, mailboxes, lawn ornaments and other similar objects. For
floodplain management purposes, the term shall also include a gas
or liquid storage tank that is principally above ground, as well as
a mobile or manufactured home.
STRUCTURE, ACCESSORYA structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
A place where an artist or musician does his work.
The division or redivision of a lot, tract or parcel of land
by any means, into two or more lots, tracts or 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 or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction or 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 enforcement official and which
are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A retail establishment primarily selling food or groceries
as well as other household goods, products or merchandise.
A body of water in an artificial container, whether located
in or above ground, having a depth at any point of more than two feet
or a surface area of more than 250 square feet, used or intended to
be used for swimming by children and/or adults.
A permit authorized by the Zoning Officer for a nonpermanent
building, structure or use which is deemed to be beneficial to the
public health or general welfare or necessary to promote the proper
development of the Borough. (See also § 1203, Subsection
10.)
A building or structure arranged or used for sheltering,
sleeping and/or feeding of transient or overnight guests for limited
periods of time, including inns and other similar types of residential
lodging establishments. Dining facilities associated with such uses
may also be open or available for use by the public if authorized
by the proper Borough officials. See also "bed-and-breakfast establishments."
(See also § 414.)
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORYA use subordinate to the principal use of a building or structure located on the same lot and serving a purpose customarily incidental to the use of the principal building or structure. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized.
A modification of the provisions of this chapter which the
Zoning Hearing Board is permitted to grant when strict enforcement
would cause undue hardship owing to circumstances unique to the individual
property on which the variance is sought. (See § 1002(C)
for additional details and criteria to be utilized when a variance
is requested.)
See "automotive sales facility."
An establishment where animals are given medical or surgical
treatment and their boarding is limited to short term care incidental
to the treatment.
A building used primarily for the storage of goods and materials,
including facilities handling freight for a specific commercial or
industrial operation and those facilities available to the general
public containing separate storage spaces of varying sizes leased
or rented on an individual, self-service basis.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
A water facility providing potable water to individual lots
or the public for human consumption.
WATER SYSTEM, NONPUBLICAll water systems which are not public water systems.
WATER FACILITY, OFF-LOTAny approved system in which potable water is supplied to a dwelling or other building from a central source which is not located on the lot with the dwelling or building.
WATER FACILITY, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
WATER SYSTEM, PUBLICA water system as defined by the Pennsylvania Department of Environmental Resources which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at lease 60 days out of the year.
An industrial facility or establishment primarily engaged
in selling merchandise to retailers or to industrial, commercial,
institutional or other wholesalers. (See also "retail business.")
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed from the ground upward.
YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.
The Zoning Hearing Board of Hughesville Borough, Lycoming
County, Pennsylvania.
The official Zoning Map of Hughesville Borough, Lycoming
County, Pennsylvania, together with all notations, references and
amendments which may subsequently be adopted. Said map is made a part
of this chapter as established in § 203.
The administrative officer duly appointed by the Borough
Council and charged with the duty of enforcing the provisions of this
chapter.
The permit required by this chapter which states that the
purpose for which a building, structure, or land is proposed to be
used is in conformity with the use regulations, the dimensional requirements,
and all other applicable provisions of this chapter.
