[Ord. No. 11/8/1989, 11/8/1989,
§ 801]
For the purpose of this chapter, certain words used in this
chapter are defined below. Words used in the present tense shall include
the future. The singular number shall include the plural, and the
plural the singular. The word "shall" is mandatory and not permissive.
All other words shall have their normal meaning as defined in the
most recent printing of the Webster's Third New International
Dictionary of the English Language, Unabridged.
[Ord. No. 11/8/1989, 11/8/1989,
§ 802; as amended by Ord. No. 01/13/99, 1/13/1999, §§ 1, 3; and by Ord. No. 9/10/2003B]
As used in this chapter, the following terms shall have the
meanings indicated:
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use, including renewable
energy services, private swimming pools, detached garages, storage
buildings, etc.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns (Planning Code).
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan (Planning Code).
A story having more than 50% of its clear height below finished
grade. A basement is not considered part of interior living area unless
it is fully finished.
The duly appointed (by Borough Council) Zoning Hearing Board
of Wesleyville Borough which is granted jurisdiction under this chapter
to render final adjudications (derived from Planning Code).
The duly elected governing body of Wesleyville Borough.
Anything constructed or erected, the use of which requires
a fixed location on ground or attachment to something having a fixed
location to the ground, including an addition to buildings, signs,
carports, porches and other building features.
An imaginary line fixed by the required yard depth measured
from the property line to the nearest point that a building may be
constructed to the front, side and rear yards.
In the case of an improved road, the portion which is paved
or improved for travel, and in the case of an unimproved road, the
entire grade surface.
Establishment designed and intended for religious instruction
or public worship and designated as "tax-exempt property" by the Erie
County Tax Assessment Office.
An establishment operated for social, recreational, athletic
or educational purposes, but open only to members and not for the
general public.
Encompasses those establishments such as a corner bakery,
doughnut shop, arts and crafts, etc.
A building or designated area of a building used for the
purpose of the sale of goods or services, such as beauty shop, repair
shop, tavern, restaurant, tanning salon, bakery, drugstore, telemarketing,
etc.
A form of group/private ownership of space and use in a multifamily
dwelling.
Encompasses all of the major groups in the Construction Division
(15-171) of the Standard Industrial Classification of the Federal
OMB, and include general building contractors, construction contractors
and special trade contractors.
The total allowable percentage of the lot area covered by
principal and accessory uses.
Final adjudication of the Board or Borough Council to do
so, either by reason of the grant of exclusive jurisdiction or by
reason of appeals from determinations. All decisions shall be appealable
to the Court of Common Pleas in Erie County, Pennsylvania (derived
from Planning Code).
Final action by the Zoning Officer or Planning Commission
charged with the administration of this chapter or applications thereunder.
Determinations shall be appealable only to the Board (derived from
Planning Code).
A business that provides services to the occupant of a vehicle
from a window, booth or other structure designed to provide such services,
while the patrons are waiting in an off-street parking area. This
facility includes such establishments as drive-in banks, drive-in
beverage distributors, restaurants, laundries, service stations, car
washes, etc.
Any building designed or used as resident living quarters
for human habitation.
A building designed for, arranged or used for occupancy by
four or more families living independently of each other with separate
living, kitchen, water closet and entrance facilities for each family.
A building designed for, arranged or used for occupancy by
more than one family living dependently with each other with shared
living, kitchen, water closet and/or entrance facilities. These buildings
include boarding, rooming, tourist or lodging houses, bed-and-breakfast
homes, dormitories, fraternities, sororities, boarding/military schools,
etc.
A building designed for, arranged or used for occupancy by
two or three families living independently of each other with separate
living, kitchen, water closet and entrance facilities for each family.
A permanent building designed for, arranged or used for occupancy
by one family on a separate lot of record.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas; electrical, steam or water transmission or distribution
systems, collection, communication, supply or disposal systems, including
poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm
boxes, police call boxes, traffic signals, hydrants, and other similar
equipment and accessories in connection thereof, reasonably necessary
for the furnishing of adequate services by such public utilities or
municipal or other governmental agencies or for the public health
or safety or general welfare, including structures.
For the purposes of this chapter, a "family" is:
One person maintaining a separate housekeeping unit, plus no
more than a total of three unrelated persons (foster children, domestics,
boarders, acquaintances, etc.);
Two or more persons maintaining a separate housekeeping unit
who are related by blood, legal marriage or adoption, plus no more
than a total of two unrelated persons; or
No more than a total of four persons maintaining a separate
housekeeping unit who are not related.
At its 1999 organizational meeting, Wesleyville Borough Council
shall adopt, by resolution, a comprehensive fee schedule establishing
the amount of each fee for the calendar year of 1999. Thereafter,
Wesleyville Borough Council shall at its regular June meetings adopt,
by resolution, a comprehensive schedule establishing the amount of
each fee to be effective from January 1 through December 31 of the
following calendar year. A written summary of the comprehensive fee
schedule shall be available to the general public at the Borough's
office, located at 3421 Buffalo Road, Wesleyville, Pennsylvania 16510.
Encompasses all of the major groups in the Finance, Insurance
and Real Estate Division (60-67) of the Standard Industrial Classification
of the Federal OMB, and include banking, credit agencies other than
banks, security and commodity brokers and services, insurance carriers,
insurance agents and brokers and service, real estate, combined real
estate and insurance, and holding and other investment offices.
Encompasses all of the major groups in the Public Administration
Division (90-97) of the Standard Industrial Classification of the
Federal OMB, and include executive and legislative in general, justice
and public order and safety, finance and taxation and monetary policy,
administration of human resources, environmental quality and housing,
administration of economic programs, and national security and international
affairs.
The interior portion of a principal building or structure
which will be utilized for living, working or institutional purposes,
that is fully enclosed from the elements and supplied with electric
and heating/cooling utilities, exclusive of attached accessory uses
such as garages, porches, decks, etc., and includes the outer walls.
An administrative proceeding conducted by the Board pursuant
to Section 909.1 of the Planning Code.[1]
Encompasses all of the major groups in the "Mining" Division
(10-14), and the Agriculture, Forestry, and Fishing Division (01-09)
of the Standard Industrial Classification of the Federal OMB, and
include metal mining; anthracite mining; bituminous coal and lignite
mining; oil and gas extraction; nonmetal minerals (except fuels);
agricultural production, crops; agricultural production, livestock;
agricultural services; forestry; fishing and hunting and trapping;,
and any unclassified use.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not each
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land (Planning Code).
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 (Planning Code).
Any lot which, individually or as a part of a subdivision,
has been recorded in the office of the Recorder of Deeds in Erie County.
The distance measured at right angles to its depth at the
front setback line.
A lot at the junction of and fronting on one or more intersecting
street rights-of-way.
The area of a lot computed exclusive of any portion of any
street right-of-way.
Encompasses all of the major groups in the Manufacturing
Division (20-39) of the Standard Industrial Classification of the
Federal OMB, and includes food and kindred products, tobacco manufacturers,
textile mill products, apparel and other textile products, lumber
and wood products, furniture and fixtures, paper and allied products,
printing and publishing, chemicals and allied products, petroleum
and coal products, rubber and miscellaneous plastics products, leather
and leather products, stone and clay and glass products, primary metal
industries, fabricated metal products, machinery (except electrical),
electric and electronic equipment, transportation equipment, instruments
and related products, and miscellaneous manufacturing industries.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation
(Planning Code).
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 (Planning Code).
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 (Planning Code).
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 (Planning Code).
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs (Planning Code).
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation (Planning Code).
The construction that a principal building or structure shall
be placed on, with the exception of a mobile home in a mobile home
park.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and/or re-enacted.[2]
The duly appointed (by Borough Council) local planning agency
of Wesleyville Borough.
The main or primary purpose for which a building, other structure
and/or land may be used, occupied or maintained under the provisions
of this chapter.
Includes parks, playgrounds, trails, paths and other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities or
publicly owned or operated scenic and historic sites (Planning Code).
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 this chapter (Planning Code).
A forum held pursuant to notice under Act No. 84 of 1986,
known as the "Sunshine Act."[3] The Sunshine Act defines "meeting" as any prearranged
gathering of an agency which is attended or participated in by a quorum
of the members of an agency held for the purpose of deliberating agency
business or taking official action (derived from Planning Code).
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 (Planning Code).
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectrical
energy, and excluding those sources of energy used in the fission
and fusion processes (Planning Code).
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction (Planning
Code).
An area(s) consisting of a separate kitchen, water closet,
entrance and living area within a structure for the purpose of occupation
by one family on a lot record. This shall include single-family detached
dwellings and each independent unit of a several-family or multiple-family
dwelling.
Encompasses all of the major groups in the Retail Trade Division
(52-59) of the Standard Industrial Classification of the Federal OMB,
and include building materials and garden supplies, general merchandise
stores, food stores, automotive dealers and service stations, apparel
and accessory stores, furniture and home furnishing stores, eating
and drinking places, and miscellaneous retail.
Encompasses all of the major groups in the Services Division
(70-89) and the Agricultural Services Major Group (07) of the Standard
Industrial Classification of the Federal OMB, and include hotels and
other lodging places, personal services, business services, auto repair
and services and garages, miscellaneous repair services, motion pictures,
amusement and recreation services, health services, legal services,
educational services, social services, museums and botanical and zoological
gardens, membership organizations, private services, and agricultural
services.
Any structure or natural object used to state an announcement,
direction or advertisement designed to attract the attention of the
public. However, the word "sign" shall not include the flag, pennant
or insignia of this nation, state or political unit thereof, nor shall
it include legal notices, addresses or official signs of any government
agency or traffic controls or directions.
Includes street, avenue, boulevard, road, highway, freeway,
alley, viaduct and any other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private. (Planning Code).
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land (Planning
Code).
Encompasses all of the major groups in the Transportation
and Public Utilities Division of the Standard Industrial Classification
of the Federal OMB, and include local and interurban passenger transit,
trucking and warehousing, water transportation, transportation air,
pipelines (except natural gas), transportation services, communication,
and electric and gas and sanitary services.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide services to treat or accommodate, in a group care setting,
two or more persons required to have supervision authorized by a court
of law for protection, detention, confinement or incarceration. This
facility is for reasons such as adult or child abuse care, delinquency,
drug or substance dependency, and civil or criminal violation. These
facilities include orphanages, boarding schools for troubled children,
halfway and probation centers, jails and prisons, etc., where supervision
is court-ordered for attendance, or for overnight, extended stay,
and/or permanent placement.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide health services to treat or accommodate, in a group care setting,
two or more persons in need of assistance for reasons such as age,
mental or physical handicap or disease, emotional or psychological
disturbance, injury or disability. These facilities include hospitals
and clinics, geriatric and rehabilitation centers, nursing and convalescent
homes, group care and personal care homes, etc.; where assistance
is given for outpatient, overnight, extended stay, and/or permanent
residency.
Relief granted by the Board pursuant to Subsection 1B of § 27-602 of this chapter (derived from Planning Code).
Encompasses all of the major groups in the Wholesale Trade
Division (50-51) of the Standard Industrial Classification of the
Federal OMB, and includes wholesale trade, durable, and wholesale
trade, nondurable, goods.
The duly appointed (by Borough Council) land use ordinance
administrator of Wesleyville Borough.
