For the purpose of this chapter, certain words and terms used
herein shall be defined as follows:
1.
Words used in the present tense shall include the future.
2.
Words used in the singular shall include the plural.
3.
The word "person" includes corporation, partnership, developer, association,
trust, as well as an individual.
4.
The word "lot" includes "plot," "piece," or "parcel."
5.
The word "structure" includes "building."
6.
The words "used" or "occupied" include the words "intended, arranged,
maintained, or designed to be used or occupied."
7.
The word "shall" is mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A use, building or structure which is subordinate and incidental
to the principal use, building or structure on a lot.
Any theater, shop, bookstore, model studio, sexual encounter
center, massage, massage parlor, escort service, adult cabaret, adult
motel or other establishment which at any time displays motion picture
films, videotapes, books, magazines, publications or other forms of
adult entertainment of a sexual nature or content including, but not
limited to, the display of any motion picture, videotape, book, magazine,
dancing or any other form of live theatre production and entertainment
which is X-rated, is pornographic or obscene, depicts any live or
simulated sex act or includes exposed male or female genitalia. Inclusive
in this definition of adult entertainment are the following means
of representing activities herein described:
LIVE THEATRE PRODUCTIONAny dramatic, musical or comedic production performed in the presence of a live audience.
MASSAGEAny method of treating superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand, or any part of the human body, or by the use of any instrument.
MASSAGE PARLORAny building or structure or portion thereof, located within the district, which is opened to members of the general public, with or without the payment of a fee, at which massage services are offered.
Any place where there is conducted the business of furnishing
figure models who pose in the nude for the purpose of being observed
or viewed by any person or of being sketched, painted, drawn, sculptured,
photographed or otherwise similarly depicted for person who pays a
fee, or other consideration or compensation, or a gratuity, for the
right or opportunity so to depict the figure model, or for admission
to, or for permission to remain upon, or as a condition for remaining
upon the place.
Any place where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration or compensation
or gratuity, figure models who pose in the nude to be observed or
viewed by any person or to be sketched, painted, drawn, sculptured,
photographed or otherwise similarly depicted.
Exception. The words "model studio" do not include:
Any studio which is operated by any state college or junior
college, public or private school, or any governmental agency wherein
the person, firm, association, partnership or corporation so operating
has met the requirements established by the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma or honorary diploma; or
Any place where there is conducted the business of furnishing,
providing or procuring figure models solely for any studio described
in Subsection 4.a of this subsection.
MOTION PICTURE FILMIncludes any:
Film or plate negative.
Film or plate positive.
Film designed to be projected on a screen for exhibition.
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen.
Video tape or any other medium used to electronically reproduce
images or a screen.
NUDEIncludes:
Completely without clothing.
With the human male or female genitals, pubic area or buttocks
with less than a full opaque covering or the showing of the breast
with less than a fully opaque covering of any portion thereof below
the top of nipple, or the covered male genital in a discernibly turgid
state.
OBSCENE MATTERAny matter:
Which the average person, applying contemporary standards, would
find, when considered as a whole, appeals to the prurient interest;
Masturbation, excretory functions, or exhibition of the genitals
or genital areas;
Ultimate sexual acts, normal or perverted, actual or simulated;
The matter taken as a whole, lacks serious literary, artistic,
political, educational or scientific value.
PUBLICATIONIncludes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, motion picture film or internet or computer transmissions which is displayed in an area open to the public, offered for sale or exhibited in a coin-operated machine, or for any other type of admission or exhibition fee.
A narrow serviceway which affords a secondary means of access
to abutting property(ies).
An incidental change, rearrangement, or replacement of the
structured parts or in the means of egress, whether by extending on
a side or by increasing in height or the moving from one location
or position to another.
Any addition, deletion or revision of any part of the text
or Zoning Map officially approved by Borough Council after public
hearing.
See "dwelling, multifamily."
A land owner, or holder of an agreement to purchase land,
lessee or other person having a proprietary interest in land or the
heirs, successors, assigns of such person who has filed an application
for the use, improvement of development of any parcel or structure
under this chapter.
The Heidelberg Borough Council.
Any premises in which food, shelter, assisted living services,
assistance or supervision and supplemental health care services are
provided for a period exceeding 24 hours for four or more adults who
are not relatives of the operator, who require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation from the residence in the event of an emergency or medication
prescribed for self-administration.
Any building or portion thereof used for the repair or replacement
of engines, transmissions, differentials, drivetrains, or any parts
thereof, in addition to the replacement of parts, service, and incidental
repairs to motor vehicles.
Any business establishment that sells or leases new or used
automobiles, trucks, vans, trailers, recreational vehicles, boats,
or motorcycles or other similar motorized transportation vehicles.
An institution that is open to the public and engaged in
deposit banking, and that performs closely related functions such
as making loans, investments, and fiduciary activities.
The area enclosed by the foundation and having its ceiling
above the surrounding ground level. The basement shall not count as
a story unless more than 50% of its height is above the average level
of the adjoining ground.
Borough of Heidelberg.
An indoor facility for the sport of bowling or duck-pin bowling,
with customary accessory uses such as snack bars.
A portion of land which may be used for the planting of trees,
shrubs, bushes, grass or other ground cover or the construction of
walls or fences only. No other development is permitted in this area.
A roofed structure enclosed by walls and permanently affixed
to the ground.
An imaginary line which is parallel to, or concentric with,
the nearest street right-of-way line. No building may extend beyond
the building line.
An official document that authorizes the construction, alteration,
enlargement, conversion, reconstruction, rehabilitation, erection,
demolition, moving, or repair of a building or structure.
A type of changeable copy sign constructed to allow letters
or symbols to be changed periodically such as those used by churches
and schools to announce events.
Mechanical facilities for the washing or waxing of private
automobiles, light trucks, and vans, but not commercial fleets.
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, necessary sales, and maintenance facilities.
Mortuaries shall be included when operated within the boundary of
such cemetery.
A public, private, nonprofit or profit facility regulated
and licensed by the Pennsylvania Department of Public Welfare (DPW),
providing care or supervision to children, excluding (a) care provided
by the operator to his or her relatives (child, stepchild, grandchild
or foster child) and (b) care furnished in places of worship during
religious services. The following are the categories of child day
care:
SMALL FAMILY CHILD DAY-CARE HOMEA home other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator.
LARGE FAMILY CHILD DAY-CARE HOMEA home other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to between seven and 12 children unrelated to the operator.
CHILD DAY-CARE CENTERThe premises in which care is provided at any one time for seven or more children unrelated to the operator.
A building or structure or group of buildings or structures
that by design and construction are primarily intended for conducting
organized services or assembly.
Buildings and facilities, owner and operated by a corporation,
association, person or persons, for a social, educational, or recreational
purpose, to which membership is required for participation and not
primarily operated for profit nor to render a service that is customarily
carried on as a business.
A college or university giving general academic instruction
as prescribed by the Commonwealth of Pennsylvania or other proper
authority. Included within this term, as adjuncts, are areas or buildings,
when located on school ground which are not detached from the school
ground proper except by an intervening street, for (1) administration,
(2) social or athletic activities, (3) dining halls, (4) parking lots,
(5) housing of students or faculty in dormitory, fraternity, or sorority
house, or other type of dwelling.
A structure, typically a steel tower, that may include guy
wires, whose principal use is for public or private communication
purposes, including but not limited to mobile domestic cellular telephone
services and personal wireless services, and is owned and/or operated
by an entity not subject to regulation by the Pennsylvania Public
Utility Commission. Not included are antennae and supportive structures
used solely for direct broadcast satellite services or for private,
noncommercial and amateur purposes including but not limited to ham
radios and citizen band radios. The term "communication towers" and
"towers" shall be treated as synonymous.
Any device used for the transmission or reception of radio,
television, wireless telephone, personal communications services (PCS),
pager, commercial mobile radio service or any other wireless communication
signals, including without limitation omnidirectional antennas and
directional or panel antennas, owned or operated by any person or
entity licensed by the Federal Communications Commission (FCC) to
operate such device. This definition shall not include private residence-mounted
satellite dishes or television antennas or amateur radio equipment,
including ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of a communications antenna and
covering an area on the ground not greater than 250 square feet.
A communications tower and all appurtenant communications
antennas, communications equipment buildings, accessory buildings
and all other structures and devices necessary for the operation of
the communications tower and its communications antennas within the
required fenced area.
A public, quasipublic or privately maintained institution
devoted exclusively to a variety of group activities - civic, social,
recreational, educational and/or cultural - and maintaining the premises
and facilities appropriate for such activities; provided, however,
that the said premises shall not include living quarters for persons
other than those engaged in the conduct and/or maintenance of the
institution.
The Comprehensive Plan of the Boroughs of Heidelberg and
Carnegie and Scott Township, which was adopted by Heidelberg on February
21, 2012. This plan is also commonly known as the Heidelberg, Carnegie,
and Scott Multi-Municipal Comprehensive Plan.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods, but not including the wrecking, salvaging, dismantling
or storage of junked automobiles and similar vehicles.
A dwelling unit, created by the subdivision of any structure
or any single dwelling unit into two or more dwelling units whether
or not structural alterations or additions are entailed.
Heidelberg Borough Council.
A recreational facility operated by a public or private entity
which has, as its principal use, facilities for playing golf and which
may include one or more of the following accessory uses: a clubhouse
and/or restaurant, locker rooms, pro shop, swimming pool, facilities
for racquet sports.
A facility providing care, supervision and/or instruction
for pre-school age children and licensed to operate by the Commonwealth
of Pennsylvania, Department of Education.
Any landowner, agent of a landowner, or tenant, with the
landowner's approval, who undertakes development.
Any change to a parcel of land which includes, but is not
limited to, the erection, expansion or alteration of a structure,
utilities, streets, paved areas, and the subdivision of land.
The provisions for development, a plat of subdivision, all
covenants relating to use, location and bulk of buildings and other
structures, intensity of use or density of development, streets, ways
and parking facilities, common open space and public facilities.
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions.
A building, portion of a building, or premises used or intended
to be used for cleaning fabrics, textiles, wearing apparel, or articles
of any sort using volatile solvents and the processes incidental thereto.
Any building designed or used as a permanent or temporary
living quarters for one or more families.
One or more rooms constituting a separate independent housekeeping
establishment for one or more persons, and containing independent
cooking, sanitary and sleeping facilities. It shall not be deemed
to include hotels, boarding or rooming houses, institutional facilities
and residence clubs.
A building containing three or more separate dwelling units,
including townhouses, garden dwellings, multiplexes, and similar multiple-dwelling
structures.
A detached building containing one dwelling unit designed
and intended to be occupied by one family.
A detached building containing two dwelling units, designed
and intended to be occupied by only two families, completely independent
of one another.
One or more persons occupying a dwelling unit and maintaining
a single housekeeping unit.
A residential facility in which the residential household
provides room, board and specialized services to eight or fewer unrelated
persons. These individuals may be children, handicapped, elderly,
or otherwise in need of specialized supervision and care. These facilities
required licensing and certification by the Commonwealth of Pennsylvania,
Department of Public Welfare.
A group of two or more light bulbs of more than 20 watts
each hung or strung overhead, not on a building or structure, which
are exposed to view by persons on a public right-of-way, or which
are not shaded or hooded to prevent the direct rays of light from
being visible from the property line, but not including the temporary
erection of lights as part of a holiday celebration, or small lights
of less than 20 watts each.
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.
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation.
An accessory building for the storage of motor vehicles,
not including buildings in which fuel is sold, or repair or other
service is performed.
A garden apartment is one which is generally located in a
structure containing not less than four dwelling units; not exceeding
three stories in height; sometimes designed around courts or common
green spaces; often having private balconies or patios; and frequently
exhibiting different facades and design features between structures
in a garden apartment complex.
A commercial activity devoted to the raising and sale of
plants and implements for gardening.
Building and premises engaged primarily in the sale of motor
fuels, but also supplying goods and services generally required in
the operation and maintenance of automotive vehicles. These may include
the sale of petroleum products, sale and service of tires, batteries,
automotive accessories and replacement items; washing and lubrication
services; the performing of minor automotive maintenance and repair;
and the supplying of other incidental customer services and products.
No major repair work is permitted on these premises.
A generating facility capable of capturing and converting
hydrothermal energy into hydronic or electrical energy sources.
When prescribed as the basis of measurement for off-street
parking space and loading berths for any use, floor area shall mean
the sum of the gross areas of the floors of buildings, or portions
thereof, devoted to such use, including accessory storage areas located
within selling or working space, such as counters, racks or closets,
and any basement floor area devoted to retailing activities, to the
production or processing of goods or to business or professional offices.
A residential facility which provides room, board, and specialized
services to six or fewer unrelated persons. The individuals must be
living together as a single housekeeping unit with one or more adults
providing qualified twenty-four-hour supervision.
A group residence for those who have completed treatment
at a rehabilitation facility, whether criminal in nature or not, but
are not yet ready to return to independent living in the community
and where residents participate in structured programs designated
to ease successful reintegration into society.
An administrative proceeding conducted by a board pursuant
to § 909.1. of the PA MPC.[1]
The vertical distance measured from the average elevation
of the finished grade to:
A business or commercial activity that does not meet the
definition of a no-impact home-based business conducted as an accessory
use entirely within a dwelling by the residents thereof, which use
is clearly secondary to the use of the dwelling for living purposes
and does not, in any way, change the character of the dwelling.
A building or part thereof used for the medical, psychiatric,
obstetrical, or surgical care on a twenty-four-hour basis. The term
"hospital" shall include facilities used for medical research and
training for health care professions, general hospitals, mental hospitals,
tuberculosis hospitals, children's hospitals, and any such other facilities
which provide in-patient care. A hospital shall be licensed as such
by the Commonwealth of Pennsylvania.
A structure or structures designed for occupancy primarily
as the temporary abiding place of individuals who are lodged with
or without meals, including auto courts, motels, motor hotels, motor
lodges, tourist courts and the like.
A facility for the boarding of animals, the breeding of small
animals such as dogs and/or cats, or the boarding, grooming, sale
or training of small animals such as dogs and/or cats for which a
fee is charged.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
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.
A facility licensed by the Department of Health that provides
skilled or intermediate nursing care or both levels of care to two
or more patients, who are unrelated to the nursing home administrator,
for a period exceeding 24 hours.
For the purposes of this chapter, a lot is a parcel or tract
of land having sufficient size to meet the minimum requirements for
use, coverage, yards/open space, and area, and shall front on a public
right-of-way.
The total area within the boundary of a lot.
The boundary line, or part of such line, describing the perimeter
of a lot.
The street right-of-way line to which the property has access.
The line most distant from the front lot line.
A lot which has been duly recorded in the Allegheny County
Department of Real Estate, either individually or as part of a subdivision.
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials, including
the assembling of component parts, the manufacturing of products and
the blending of materials into finished or semifinished products.
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, air pollution,
fire hazard or noxious emission which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the
production of the following goods: home appliances, electrical instruments,
office machines, precision instruments, electronic devices, timepieces,
jewelry, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, machine tools,
dies and gauges, ceramics, apparel, light-weight nonferrous metal
castings, film processing, light sheet metal products, plastic goods,
pharmaceutical goods and food products; but not animal slaughtering,
curing, nor rendering of fats.
Any establishment where human patients are not hospitalized
overnight but are examined and treated by doctors or others who are
duly licensed by the Commonwealth of Pennsylvania to perform medical
healing arts.
The conduct of two or more uses in one building or lot.
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 constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
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.
A building, or a group of buildings, having units containing
sleeping accommodations which are available for a temporary, rental
occupancy by transients and providing sufficient off-street parking
facilities adjacent or convenient thereto. A tourist home containing
provisions or facilities for accommodation of more than four transient
occupants not normally quartered on the premises shall be considered
as a motel facility under the provisions of this chapter.
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use of a dwelling
for residential purposes and that involves no customer, client or
patient traffic, whether vehicular or pedestrian, and no 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 sound which annoys or disturbs humans or is unwanted
or which causes or tends to cause an adverse psychological effect
on human beings.
Any sound which endangers or injures the health of humans
or disturbs a reasonable person of normal sensitivities.
A lot recorded prior to adoption of this chapter containing
less area and/or less frontage or width than required for the zone
district in which the lot is located.
Any lawful sign which does not conform to the applicable
sign regulations of the district in which it is located, either on
the effective date of this chapter or as a result of subsequent amendments
thereto.
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.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter, where such use
was lawfully in existence prior to the enactment of this chapter.
A permit issued by the Zoning-Officer before the occupancy
of any new or remodeled building, use of land, or change of use, which
certifies that all requirements of this chapter and other applicable
ordinances have been met.
All offices related to financial institutions, insurance,
real estate service, banking, credit services, business services,
advertising, duplicating, medical and health services, legal services,
any professional offices and similar functions requiring the use of
the property for general offices or personal services.
A premises operated for profit or not-for-profit in which
older adult daily living services are simultaneously provided for
four or more clients who are not relatives of the operator for part
of a twenty-four-hour day.
An open space, off street, available for the parking of motor
vehicles, which has a hard, dust-free, all-weather surface.
Any use of land or structure in a district which is in conformity
with the requirements of that district as identified in this chapter.
A premises in which food, shelter and personal assistance or
supervision are provided for a period exceeding 24 hours, for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision in activities of daily living
or instrumental activities of daily living.
The term includes a premises that has held or presently holds
itself out as a personal care home and provides food and shelter to
four or more adults who need personal care services, but who are not
receiving the services.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel including
but not limited to barber and beauty shops, dog grooming, tailor,
dressmaker, shoe repair, photographer, laundry and the like.
A building or group of buildings in a controlled access and
usually fenced compound that contains varying sizes of individual,
compartmentalized and controlled access stalls or lockers for the
storage of customer's goods or wares.
The Pennsylvania Municipalities Planning Code, Act #247 of
1968, as amended.[2]
A construction with permanent roof and/or floor attached
to a building and considered part of the building, for purposes of
setback from lot lines.
A building or buildings which contain the principal use permitted
on the lot.
The single primary use of a lot that is permitted under the
district regulations.
An association organized and operated, not for profit, for
persons who are bona fide members paying annual dues, and which owns,
hires or leases premises, the use of which premises is restricted
to such members and their guests.
The use of offices and relating spaces for such services
as provided by doctors, dentists, lawyers, architects, engineers and
similar occupations.
Land or building or structure and its equipment used for
the purpose of providing a service(s) to the public, by a governmental
agency or publicly franchised or regulated corporation.
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with the PA MPC.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
A 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 be not more than 30 days or less than 14 days from the date
of the hearing.
A structure or portion thereof composed of one or more levels
or floors used exclusively for the parking or storage of motor vehicles.
A parking garage structure may be totally below grade (as in an underground
parking garage) or either partially or totally above grade with those
levels being either open or enclosed.
A trailer designed or adapted and used exclusively for recreational
purposes.
Any establishment which carries on basic, applied, industrial
and/or scientific investigations and/or research, including laboratories
and testing facilities, in the natural, physical or social sciences
or engineering and development and/or testing as an extension of such
research with the objective of creating end products; and which may
include pilot manufacturing, as an accessory use. The term also includes
medical laboratories where prosthetic devices or medical equipment
testing takes place exclusively on written work order of a licensed
member of the dental or medical profession, but excludes other medical
testing; and further specifically excludes the housing of animals
or activities requiring overnight stays by subjects or investigators,
biological engineering, gene enhancement and/or biological reengineering.
A business that makes products available for purchase including
building materials, hardware, general merchandise, food products,
clothing, apparel, and clothing accessories, furniture, home furnishing
and similar equipment, eating and drinking establishments, sporting
goods, drugs, specialty food shops, paint stores, electrical supplies,
variety stores, department stores, bakeries, dairy products, household
appliances, taverns and similar retail or general commercial outlets.
Any public, parochial, or private place of instruction, not
including institutions of higher learning, having regular sessions,
with regularly employed instructors or teachers, who are certified
by the Pennsylvania Department of Education in accordance with such
standards as the State Board of Education may establish, which teach
those academic subjects that are fundamental and essential in general
education, and which provide kindergarten, elementary, or secondary
stages of education, or a vocational school, under the supervision
of the commonwealth or lawfully constituted ecclesiastical governing
body and with standards of instruction meeting the requirements of
the Commonwealth of Pennsylvania, including intermediate units established
by the public school system of the Commonwealth of Pennsylvania, but
excluding any privately operated school of trades, vocations, avocations,
business, and institutional schools, or drug or alcohol addiction
program or foundation.
The use of hedges, fencing and/or natural grade changes for
the purpose of concealing from view the area behind such structures
or vegetation.
A structure that is arranged, intended, designed or used
to advertise, announce or direct; or any device, illustration, description
or identification posted, painted or placed in some fashion, on a
building, structure or any surface for such a purpose as to be viewed
by the public. Any display of any letters, numerals, figures, emblems
or pictures displayed for the purpose of conveying information or
attracting attention, whether attached to or displayed on any structure
or the surface of anything including, but not limited to, the ground
or any rock, tree or other natural object, and which display is visible
beyond the boundaries of the lot on which the sign is located.
The area defined by the frame or edge of a sign. If there
is no frame or edge, the area shall be determined by a four-sided,
straight line, geometric shape which outlines the letters or graphic
display of the said sign.
The entire area upon which graphic or written material or
information is placed for viewing from a single direction.
The vertical distance measured from the lowest adjacent grade
to the highest point of the sign or sign structure.
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ATTENTION-GETTING DEVICE — A pennant, flag (excluding
a national or state flag), valance, banner, propeller, spinner, streamer,
search light, balloon or other inflatable device, or similar object
or representation of a product, vehicle, equipment or other advertising
image or any ornamentation which is designed or used for the purpose
of promoting, advertising or attracting attention. This section also
includes any type of moving, flashing, scrolling sigh which is either
manually controlled or electronically controlled.
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ARCADE SIGN — A sign suspended beneath a ceiling of an
arcade, a roof or marquee containing only the name of a business for
the purpose of assisting pedestrian traffic traveling under the arcade,
roof or marquee to identify the location of establishments within
a shopping center or similar building.
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AWNING SIGN — (See also "canopy sign.") A sign that functions
as a roof-like shelter, either permanent, retractable or removable,
made of canvas or other material that is affixed to a building or
self-supporting and provides protection from sun, rain, snow and other
elements.
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BILLBOARD — Any off-premises sign with a changeable or
permanent advertising face which advertises an establishment, person,
activity, product or service which is unrelated to or not available
on premises on which the sign is located.
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BUSINESS IDENTIFICATION SIGN — A sign which contains the
name, address and goods, services, facilities or events available
on the premises.
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CANOPY SIGN — (See also "awning sign.") A sign that functions
as a roof-like shelter, either permanent, retractable or removable,
made of canvas or other material that is affixed to a building or
self-supporting and provides protection from sun, rain, snow and other
elements.
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CHANGEABLE COPY SIGN — A sign that is designed so that
characters, letter or illustrations can be changed or rearranged without
altering the face or surface of the sign.
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CONSTRUCTION SIGN — A temporary sign announcing the name
of contractors, mechanics or artisans engaged in performing work on
the premises.
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DEVELOPMENT SIGN — A temporary sign erected during the
period of construction and/or development of a property by the contractor
and developer or their agent.
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FREESTANDING SIGN — A sign supported on a foundation or
by one or more uprights, poles or braces permanently affixed to the
ground and not attached to any building or other structure (includes
pole sign and ground sign).
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GROUND SIGN — A freestanding sign which is affixed to
the ground by means of a permanent foundation and which provides a
maximum clearance of 18 inches between the bottom edge of the sign
and the adjacent ground level.
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HOME OCCUPATION SIGN or HOME OFFICE IDENTIFICATION SIGN —
A sign containing only the name and address of the occupant of the
premises and their occupation. No logos or other advertising shall
be permitted.
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INDIRECTLY ILLUMINATED SIGN — A sign which is lighted
by means of lamps or lighting devices external to, and reflected on,
the sign, which lighting is stationary and constant in intensity and
color at all times and which is shielded so that the illumination
is concentrated on the face of the sign and there is no spillover
of illumination or glare beyond the face of the sign.
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INTERNALLY ILLUMINATED SIGN — A sign which is lighted
by means of lamps or lighting devices internal to the sign, which
lighting is either behind the face of the sign or is an integral part
of the sign structure and the advertising effect.
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NOTIFICATION SIGN — Signs bearing legal and/or property
notices such as: no trespassing, private property, no turnaround,
safety zone, no hunting and similar messages and signs posted by a
governmental agency for traffic control or the safety of the general
public.
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ON-PREMISES DIRECTIONAL SIGN — A sign which direct and/or
instructs vehicular or pedestrian traffic relative to parking areas,
proper exits, loading areas, entrance points and similar information
on the premises on which it is located.
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OVERHANGING SIGN — A sign, other than a wall sign or arcade
sign, affixed to a building or wall whose leading edge extends beyond
such building or wall more than 12 inches, including signs perpendicular
to the wall of a building, awnings, marquees, canopies or similar
structures used for business identification.
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POLE SIGN — A freestanding sign which is supported by
one or more poles, uprights, braces or pylons and which has a minimum
clearance between the bottom edge of the sign and the adjacent ground
level, as specified by this chapter.
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PORTABLE SIGN — A sign that is not permanently affixed
to a building, a structure or the ground which is designed to be moved
from place to place, including, but not limited to, signs attached
to wood or metal frames designed to be self-supporting and movable;
paper, cardboard or canvas signs wrapped around supporting poles;
sandwich boards signs; and trailer or boat-mounted signs.
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PUBLIC SIGN — A sign of a noncommercial nature and in
the public interest, erected by, or on the order of, a public officer
in the performance of any public duty, such as official signs and
notices of any public or governmental agency, or erected by or on
the order of a court or public officer, including official traffic
signs, public notices, government flags and other signs warning of
hazardous or dangerous conditions.
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REAL ESTATE SIGN — A temporary sign advertising the sale
or rental of premises. The sign may also bear the words "sold," "sale
pending" or "rented" across their face.
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RESIDENTIAL IDENTIFICATION SIGN — A sign containing only
the name and address of the occupant of the premises.
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RESIDENTIAL PLAN IDENTIFICATION SIGN — A permanent wall
or freestanding ground sign containing only the name and address of
a plan of subdivision or a multifamily building or development.
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ROOF SIGN — A sign erected and maintained upon or above
the roof of any building which projects no more than six feet above
the roof.
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TEMPORARY SPECIAL EVENT DISPLAY — A banner, flag, pennant
or similar display constructed of durable material and affixed to
the wall of a building erected for a period of not exceeding 30 days
whose sole purpose is to advertise a special event.
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WALL SIGN — A sign attached to and erected parallel to
the face of an outside wall of a building, projecting outward no more
than six inches from the wall of the building.
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WINDOW SIGNS — A sign or group of signs affixed to the
inside of a display window in a commercial establishment which advertises
a product or service available on the premises or which announces
or promotes a special sale or special event.
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See "nonconforming sign."
The area enclosed by one continuous line, connecting the
extreme points or edges of an advertising panel containing letters;
or the sum of the areas of each letter, in the case of freestanding
letters which are mounted on a building wall, rather than painted
on or affixed to an advertising panel. In the case of freestanding
pole or ground signs, this area shall not include the main supporting
sign structure, but shall include all other ornamental attachments
and connecting features which are not part of the main supports of
the sign. In the case of letters which are painted on or affixed to
an awning or canopy, rather than mounted on a wall or affixed to an
advertising panel, the area of the sign shall be the area of the geometric
shape formed by outlining the height and width of all of the letters,
including the space between the individual letters. For two-sided
signs, only one face is counted in computing the surface area.
A plan of a proposed development or use on which is shown
topography, location of all buildings, structures, roads, rights-of-way,
boundaries, all essential dimensions and bearings, and any other information
deemed necessary by the Borough or prescribed by this chapter.
An electric generating facility, with the purpose of generating
electricity or providing hot water heat, consisting of one or more
solar panels and other ancillary associated buildings and structures,
including substations, meteorological towers, electrical infrastructure,
transmission lines, and other appurtenant structures and facilities.
Any retail sales establishment conducted wholly within an
enclosed structure which sells goods, services or merchandise to the
general public for personal, household or office consumption and which
shall not include wholesaling, manufacturing or processing of the
goods offered for retail sale.
A story is the vertical distance between a building floor
and the floor/ceiling level above or below, when the distance is at
least seven feet.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, and any other ways, whether public or private,
used or intended to be used by vehicular traffic or pedestrians.
Streets may be classified according to the following:
STREET, ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another, or to link one community with another.
STREET, COLLECTORStreets designed to collect traffic from local streets and then to convey it to the major arterials.
STREET, LOCALStreets designed to serve only the traffic needs of, and provide access to, a limited area or neighborhood.
Any man-made object having a stationary location on or in
land or water, whether or not it is affixed to the land.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
Any lot or building lot, or any structure located on any
lot or building lot, on which communication towers are located or
proposed to be located.
A row of three or more attached, one-family dwellings, separated
by vertical party or lot-line walls, and each having private entrances.
A vehicle designed to be towed by a motor vehicle.
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal. The terminal may also
serve as a passenger station that is central to an area and serves
as a junction at any point with other line. A bus terminal would be
a central point for passengers, and a truck terminal would be a central
point for freight.
A project of the Boroughs of Heidelberg and Carnegie and
Scott Township. A summary of the project is included in Appendix A.
Detailed copies of the project are available in the Borough Office.
A departure from the terms of this chapter, as authorized
by the Zoning Hearing Board; in cases where a literal enforcement
of the Ordinance will result in unnecessary hardships, not created
by the owner, depriving him reasonable use of the lot. Such departure
will not detrimentally affect abutting properties.
A building used primarily for the storage and handling of
freight or merchandise, but not including the maintenance or fueling
of commercial vehicles.
An establishment primarily engaged in selling merchandise
to retailers, institutional, industrial, commercial or professional
business customers or other wholesalers, rather than the general public,
or acting as a broker for such merchandise sales. Wholesale distribution
includes the warehousing of merchandise and distribution of such merchandise
from the site of the principal business to other wholesale or retail
businesses or institutional customers.
An electric generating facility, with the purpose of electricity
supply, consisting of one or more wind turbines and other ancillary
associated buildings and structures, including substations, meteorological
towers, electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as expressly permitted by this chapter.
An open space extending the full width of the lot between
the structure and the road right-of-way.
An open space extending the full width of the lot between
the structure and the rear lot line.
An open space extending from the front yard to the rear yard
between a structure and the nearest side lot line.
The Zoning Hearing Board of Heidelberg Borough.
The map containing the zoning districts of Heidelberg Borough,
showing the boundaries and titles of each zoning district, said map
being an integral part of this chapter.
The Zoning Officer, or his authorized representative, designated
to administer and enforce this chapter.
A certificate, issued by the Zoning Officer, stating that
the purpose for which a building or land is to be used is in conformity
with the requirements of this chapter, and construction is authorized
to proceed.
