A.Â
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
B.Â
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meanings herein indicated:
(1)Â
Words used in the present tense include the future tense.
(2)Â
The singular includes the plural.
(3)Â
The word "person" includes any individual or group of individuals,
a corporation, partnership or any other similar entity.
(4)Â
The word "lot" includes the word "plot" or "parcel."
(5)Â
The term "shall" is always mandatory.
(6)Â
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."
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property. For purposes of this chapter, a property and/or use
of property shall be deemed abandoned if the use has not continued
for a period of one year. Said property owner may apply to the Code
Enforcement Officer for an extension of one additional year based
on hardship.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A self-contained apartment within a family home, used as
an in-law suite or for rental.
A building (structure) subordinate to and detached from the
principal building, on the same lot, and used for purposes customarily
incidental to the principal building.
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises, such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
A use conducted on the same lot as the primary use of the
structure to which it is related; a use that is clearly incidental
to, and customarily found in connection with, such primary use.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended.[1]
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines and other periodicals
distinguished or characterized by their emphasis on matter depicting,
describing or related 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 and/or rental of said material,
including but not limited to videotapes.
A facility providing counseling and rehabilitative services
to functionally impaired adults, licensed by the Pennsylvania Department
of Public Welfare.
An enclosed building used for presenting adults dancing or
performing and exposing specified anatomical areas for observation
by patrons therein.
An enclosed building, with a capacity for fewer than 50 persons,
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or related to specified sexual
activities or specified anatomical areas for observation by patrons
therein.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons not transients. Where permitted, or permitted
as a special exception, adult personal care facilities may be established
subject to the following conditions:
Lot area shall be determined on the basis of building size,
yard requirements, parking and access requirements, water and wastewater
requirements and other applicable standards of this chapter.
A buffer yard and screen planting of no less than 10 feet in
depth shall be established along rear and side lot lines.
Off-street parking facilities shall provide a minimum of two
handicapped parking spaces or 5% of the required parking spaces, whichever
is greater.
The facility shall be conducted and operated in compliance with
all Pennsylvania Department of Public Welfare licensing/registration
requirements and any other local, state or federal regulations.
The tilling of the soil, raising of crops, farm animals,
livestock, horticulture, gardening, beekeeping and aquaculture.
Any public way or thoroughfare more than 10 feet (3,048 mm)
but less than 16 feet (4,877 mm) in width, which has been dedicated
to the public for public use.
Any change, addition or modification in construction, occupancy
or use.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
A change in use in any district, which includes revisions
to the zoning text and/or the Official Zoning Map; and the authority
for any amendment lies solely with the Borough Council.
An establishment offering five or more amusement devices,
including, but not limited to, coin-operated electronic games, shooting
galleries, table games, and similar recreational diversions, within
an enclosed building.
A building used for the treatment, housing, or boarding of
small domestic animals, such as dogs, cats, rabbits, and birds or
fowl, by a veterinarian.
See § 500-79.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any building,
in excess of 35 feet from ground level.
A device incorporating a reflective surface that is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as "satellite earth stations,"
"TVROs" and "satellite microwave antennas."
A dwelling unit within a multiple dwelling. This classification
includes apartments in apartment houses, studio apartments and kitchenette
apartments. Accessory apartments and conversion apartments are not
included in the classification.
A building occupied by three or more dwelling units.
A residential building designed or used for three or more
dwelling units.
An independent dwelling unit incorporated within an existing
single-family detached dwelling without any substantial external modification.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without substantially altering the exterior
of the building.
A two-story multifamily dwelling containing one-story dwelling
units.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the 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.
The Mayor in cities; the Board of Commissioners in counties;
the Council in incorporated towns and boroughs; the Borough Council
if of the first class; and the Borough Council in Boroughs of the
second class; or as may be designated in the law providing for the
form of government.
See "building area."
The gross land area of any development parcel, including
only the area contained within the property line and the ultimate
right-of-way line. The area within the right-of-way is computed as
part of the "gross land area."
The area contained within the property lines of a lot or
as shown on a subdivision plan, excluding space within any street,
but including the area of any easement.
The net land area of any development parcel includes only
the area contained within the property line and the ultimate right-of-way
line. The area within the right-of-way (public or other thoroughfare)
is not computed as part of the "net land area".
A body politic and corporate created pursuant to the "Municipality
Authorities Act," 53 Pa.C.S.A. § 5601 et seq.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
Any premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs, but not including
such major repairs as:
Spray painting.
Body, fender, clutch, transmission, differential, axle, spring
and frame repairs.
Major overhauling of engines requiring removal therefrom of
the cylinder head or crankcase pan.
Repairs of a radiator requiring removal thereof.
Complete recapping or retreading of tires.
Lubrication of automobiles and replacement or installation
of minor parts and accessories, including major repair work, such
as motor replacement, body and fender repair or spray painting.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender, and major engine and engine part
overhaul, which is conducted within a completely enclosed building.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune-ups, and transmission work, which is conducted within a completely
enclosed building.
The sale or rental of new or used motor vehicles or trailers,
including automotive maintenance and repair.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles by persons other than a service
station attendant. Such an establishment shall be permitted to offer
for sale at retail other convenience items as a clearly secondary
activity and shall be permitted also to include a freestanding automatic
car wash.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities shall
be permitted to include automotive repair and maintenance, car wash
service, and food sales.
A freestanding, randomly located structure, fence-like in
nature and materials of construction, except that it is not normally
attached to any building, does not particularly follow lot lines nor
enclose a particular area, but rather screens one segment of one property
from another for the primary purpose of assuring privacy; a baffle
or screen of this nature may also be utilized for the support of various
types of living plant materials, such as vines, climbing roses or
espaliered trees and shrubs.
Any floor level below the first story in a building, except
that a floor level in a building having only one floor level shall
be classified as a basement unless such floor level qualifies as a
first story as defined herein.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons.
Sleeping accommodations shall be located only within the dwelling
and shall be limited to no more than three rooms for rent with a total
size not to exceed 35%, or 750 square feet, of the dwelling, whichever
is less.
Not more than six adult guests may be accommodated at any one
time. The length of stay per guest shall be limited to 15 days.
Off-street parking shall be provided in accordance with the
parking provisions.
Meals for compensation shall be provided only to guests of the
bed-and-breakfast establishment.
See definition of "off-premises sign" in § 500-79.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
An area of land bounded by streets.[2]
The Zoning Hearing Board as appointed by the governing body
in connection with the South Waverly Borough Zoning Ordinance.
A dwelling containing a single dwelling unit and not more
than 10 guest rooms or suites of rooms, where lodging is provided
with or without meals, for compensation for more than one week.
See "yard, buffer."
Any structure used or intended for supporting or sheltering
any use or occupancy.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
The International Building Code promulgated by the International
Code Council, as adopted by the jurisdiction.
The vertical distance above the average existing grade measured
to the highest point of the building. The height of a stepped or terraced
building shall be the maximum height of any segment of the building.
The perimeter of that portion of the building or structure
nearest a property line, but excluding open steps, terraces, cornices
and other ornamental features projecting from the walls of the building
or structure.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way.
A building surrounded by open space on the same lot.
A building in which the principal use of the site is conducted.
A building in which is conducted the principal use of the
lot on which it is located.
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction of utilities, or other community facilities, or used
temporarily in conjunction with the sale of property within a subdivision
under construction.
An establishment intended for the conduct of service or administration
by a commercial enterprise, or offices for the conduct of professional
or business service.
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, such as cabins, tents, or shelters.
A roofed structure constructed of fabric or other material
supported by the building or by supports extending to the ground directly
under the canopy, placed so as to extend outward from the building,
providing a protective shield for doors, windows and other openings.
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts, except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the maximum number of stories.[3]
The premises in which care is provided at any one time for
seven or more children unrelated to the operator.
[Added 10-3-2016 by Ord.
No. 10-3-16-03]
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include: chapels, cathedrals,
temples and similar designations as well as parish houses, convents
and such accessory uses.
Cities of the second class A and third class.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
A development technique that concentrates building in specific
areas on the site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive features.
A form of development that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots/units permitted under a conventional subdivision/land development
and the resultant land area is devoted to open space.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A community commercial center shall provide for the
sale of general merchandise and may include a variety store, discount
store or supermarket.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A convenience commercial center shall provide a small
cluster of convenience shops or services.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A neighborhood commercial center shall provide for the
sale of convenience goods and services, with a supermarket as the
principal tenant.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings, and other retail
sales and services, in full depth and variety.
Establishments that engage in the sale of general retail
goods and accessory services. Businesses within this definition include
those that conduct sales and storage entirely within an enclosed structure
(with the exception of occasional outdoor "sidewalk" promotions);
businesses specializing in the sale of either general merchandise
or convenience goods.
An establishment or business that generally uses open sales
yards, outside equipment storage or outside activities that generate
noise or other impacts considered incompatible with less-intense uses.
Typical businesses in this definition are lumberyards, construction
specially services, heavy equipment suppliers or building contractors.
An establishment or business that generally has retail or
wholesale sales, office uses, or services, which do not generate noise
or other impacts considered incompatible with less-intense uses. Typical
businesses in this definition are retail stores, catering services
or restaurants.
The South Waverly Borough Planning Commission of Bradford
County, Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking area, and areas set aside for public facilities.
The declaration of purposes, policies and programs for the
development of the jurisdiction.
The station where, once the natural gas is extracted, it
will be pressurized and filtered prior to being sent to market. The
purpose of this station is to pressurize the natural gas prior to
flowing through a gas pipeline; this process is repeated occasionally
along the pipeline as the natural gas travels through it at intervals
typically ranging between 40 and 100 miles. As the natural gas must
be pressurized before traveling through the pipelines, the compressor
station typically removes any other liquid or particles in the natural
gas in order to filter the gas, making it as pure as possible.
A use permitted in a particular zoning district pursuant
to the provisions of this chapter.[4]
A single dwelling unit in a multiunit dwelling or structure,
that is separately owned and may be combined with an undivided interest
in the common areas and facilities of the property.
Any building or portion thereof that contains facilities
for living, sleeping and sanitation as required by this code, and
may include facilities for eating and cooking, for occupancy by other
than a family. A congregate residence shall be permitted to be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does
not include jails, hospitals, nursing homes, hotels or boardinghouses.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building structure, including
the placement of mobile (manufactured) homes.
A commercial establishment for the sale of commercial energy
sources, food products, videotapes, and convenience items, with food
served on the premises on a limited basis. Sale of alcoholic beverages
is prohibited. The hours of operation shall be from 7:00 a.m. to 11:00
p.m. In order to be open for 24 hours, it will require Zoning Board
approval.
Any county of the second class through eighth class. (Definition
amended December 14, 1992, P.L. 815, No. 131).[5]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable, and
the court does not extend to a street, alley, yard or other outer
court.[6]
That portion or percentage of the lot area covered by all
impervious materials.[7]
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this act 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 of the county and judicial district wherein the municipality
lies.
A flat-floored, roofless area adjoining a dwelling unit.
The number of dwelling units that are allowed on an area
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, filing,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of a 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. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A portion of the territory of South Waverly Borough within
which certain regulations and requirements, or various combinations
thereof, apply under the provisions of this chapter.
Any premises, except where accessory to an agricultural use,
where three or more dogs, 10 weeks in age or older, are kept or boarded.
The digging or boring of a well for the purpose of exploring
or producing oil and/or gas or other hydrocarbons.
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade, such as drive-in
restaurants, drive-in theaters and similar uses.
A private access road, the use of which is limited to persons
residing in, employed in, or otherwise using or visiting the parcel
on which it is located.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, or other means, and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof, or waste material of any kind. The Borough
is affiliated with the county landfill operated by the Northern Tier
Solid Waste Authority; the garbage from the Borough is transported
by licensed solid waste haulers to that facility or to the Chemung
County solid waste facility located in an adjoining county in New
York State.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, used or intended to be used by one
or more persons living together and maintaining a common household,
and accessible from the outdoors, either directly or through an entrance
hall shared with other dwelling units.
A transportable, single-family detached dwelling intended
for permanent occupancy, constructed as two units designed to be joined
into one integral unit capable of again being separated for repeated
towing and relocation, which arrives at the 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. For Federal Emergency Management Agency (FEMA) floodplain
management purposes, this definition includes park trailers, travel
trailers and other similar vehicles located on site for greater than
180 consecutive days. This definition excludes modular homes and single-wide
trailers but includes units that may have titles.
A transportable, single-family detached dwelling intended
for permanent occupancy, constructed as two units designed to be joined
into one integral unit. After installation at the site, the unit will
no longer be capable of again being separated for repeated towing
and relocation. After this double-wide trailer is located on a permanent
foundation and is not capable of repeated towing and relocation, it
shall be considered a permanent structure for purposes of this chapter.
The double-wide will be taken off the frame and the wheels removed
so that it is no longer transportable. "Permanent foundation" shall
be defined as a basement or a crawl space constructed of cinder blocks
or pillars covered with permanent siding and/or a concrete pad or
a concrete foundation.
[Amended 4-2-2012 by Ord.
No. 4-2-12]
A group of two or more single-family, two-family, or multifamily
dwellings occupying a lot in one ownership.
Any structure designed primarily for residential occupancy,
which is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities, for installation or assembly
and installation on the building site in such manner that all concealed
parts or processes of manufacture cannot be inspected at the site
without disassembly, damage or destruction. This definition includes
dwelling units of single- and double-wide trailers, any housing unit
or mobile unit with a title, any unit that contains a chassis with
or without wheels, and modular homes.
A transportable, single-family detached dwelling intended
for permanent occupancy, constructed in a minimum of two pieces combined
to be assembled on a permanent foundation as one unit; it is not capable
of being disassembled for relocation. This definition expressly excludes
dwelling units of single- and double-wide trailers, excludes any housing
or mobile unit with a title, and also excludes any unit that contains
a chassis with or without wheels.
[Amended 4-2-2012 by Ord.
No. 4-2-12]
A rental unit contained in an upscale designed residential
unit that is no larger than two stories in height consisting of one
to three bedrooms, a one-car garage and a driveway that will accommodate
a minimum of one parking space.
[Added 11-2-2020 by Ord. No. 11-2-2020-02]
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, flats, row houses, garden apartments,
townhouses and condominiums.
A building or portion thereof designed for occupancy by three
or more families living independently, in which they may or may not
share common entrances and/or other spaces. Individual dwelling units
may be owned as condominiums or offered for rent.
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
A transportable, single-family detached dwelling intended
for permanent occupancy, contained in one unit, 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. The unit is capable of being
removed for repeated towing and relocation. For Federal Emergency
Management Agency (FEMA) floodplain management purposes, this definition
includes park trailers, travel trailers and other similar vehicles
located on site for greater than 180 consecutive days. This definition
includes any unit with a title. This definition excludes double-wide
trailers and modular homes.
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
A single-family detached dwelling with the building positioned
on a lot in such a manner that one or more of the building's sides
rest directly on a lot line.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
Any form of restaurant and/or tavern open to the public,
dispensing food or drink for monetary consideration.
A college or university giving general academic instruction,
as prescribed by the Commonwealth of Pennsylvania. Included within
this term are areas or structures used for administration, housing
of students or faculty, dining hall, and social or athletic activities,
when located on the institution's land that is not detached from that
portion of the campus where classroom facilities are maintained by
more than a street and/or other property owned by the institution.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public.
Electric public utilities transmission and distribution facilities,
including substations.
See § 500-79.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added 1-6-2020 by Ord. No. 1-6-2020]
Any activity conducted for gain which is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller skating rinks, miniature golf, golf-driving ranges,
commercial swimming pools, carnivals, arcades, billiards, and related
uses.
See § 500-79.
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that six or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by the Federal Fair Housing law, provided such facilities
are licensed and permitted under the authority of the Department of
Welfare of the Commonwealth of Pennsylvania or other state department
or agency. In determining the functional equivalent of a traditional
family, the following criteria shall be present:
[Amended 1-6-2020 by Ord. No. 1-6-2020]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for four to eight residents,
plus such minimum supervisory personnel as may be required to meet
standards of the licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
or physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A family care facility must be licensed and/or approved by the Pennsylvania
Department of Public Welfare and may include uses such as foster homes,
community residential alternative facilities, or home individual programs.
A 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.[8]
[Added 10-3-2016 by Ord.
No. 10-3-16-01]
The private home of an individual where residential care
is provided for individuals who are mentally retarded and who are
not related to the homeowner, and it's licensed by the Pennsylvania
Department of Public Welfare.
An area of land not less than one acre in size and used for
agricultural purposes, as defined in "agriculture."
Animals other than household pets that shall be permitted
to, where permitted, be kept and maintained for commercial production
and sale and/or family food production, education or recreation. Farm
animals are identified by these categories: large animals, e.g., horses
and cattle; medium animals, e.g., sheep and goats; or small animals
e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks
and pigeons.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided, or to define and mark the property
line, when such structure is erected on or within two feet of any
front, side or rear lot line; for the purpose of this chapter, a freestanding
masonry wall when so located is considered to be a fence; also for
the purpose of this chapter, when the term "lot line" is used in relation
to fences, it shall be synonymous with "rear yard lot lines," "side
yard lot lines" and "front yard lot lines."
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface, and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a fill.
An apartment on one floor of a building.
A temporary inundation of normally dry land areas.
That portion of the 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).
Any combination of structural and nonstructural additions,
changes, or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude without increasing the water surface
elevation more than one foot at any point.
The sum of the horizontal areas of floors of a building,
measured from the exterior face of exterior walls or, if appropriate,
from the center line of dividing walls; this includes courts and decks
or porches when covered by a roof.
The gross floor area, exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
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.
[Added 1-6-2020 by Ord. No. 1-6-2020]
The width of a lot or parcel abutting a public right-of-way,
measured at the front property line.
A building or a portion of a building not more than 1,000
square feet (92.9 m2) in area, in which
only private or pleasure-type motor vehicles used by the tenants of
the building or buildings on the premises are stored or kept.
Any structure, other than a private garage, which is used
for storage, repair, rental, servicing or supplying of gasoline or
oil to motor vehicles for compensation.
A garage, other than a private garage, where motor-driven
vehicles are stored, equipped for operation, repaired or kept for
remuneration, hire or sale.
A temporary accessory use on a residential lot that includes the display of personal possessions within a garage, porch or front yard, and those of friends, relatives and neighbors, for sale to the general public upon the property of one's residence subject to the conditions in § 500-77, Garage/yard sales:
[Added 7-6-2015 by Ord.
No. 07-06-15; amended 1-6-2020 by Ord. No. 1-6-2020]
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof, and
all other articles and materials ordinarily used for food, for humans
or domestic animals, and which have become unfit for such use or which
are discarded for any reason.
Three or more dwelling units accommodating three or more
families which are located one over the other and which, when more
than three units are utilized, are attached side-by-side through the
use of common party walls, and which shall have side yards adjacent
to each first story end unit. Single-family dwelling units are generally
built to a height of three stories but may conceivably be built to
a height of one to two stories. Each dwelling unit is accessible by
a common stairwell.
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes, or which serves as a shelter
primarily for human beings, except a permitted garage, porch or carport,
which is located in any side or rear yard not closer than three feet
to any side or rear lot line; included, but not limited to, in this
category of structures are arbors, aviaries, gazebos, pergolas, trellises,
barbecue shelters, bath houses, private greenhouses and freestanding
screens or baffles and similar structures, however called. No such
structure may be located in any required front yard between the building
setback line and the street line. Such structures may be solidly roofed
and walled or open to the sky and on the sides; but if solidly roofed
or solidly walled on more than two sides, they must be located within
the building line of the lot and may not invade any required yard.
Unscreened, unroofed, unwalled or unfenced patios, birdbaths, ornamental
pools and swimming pools are not considered as garden structures.
Permitted structures may be attached to or be detached from a dwelling.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions,
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
Any well drilled, to be drilled or used for the intended
or actual production of gas.
The Borough Council of the Borough of South Waverly, Bradford
County, Pennsylvania.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five feet
(1,524 mm) from the building.
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for personal enjoyment.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale.
The floor of a building nearest the mean grade of the front
of the building.
The premises in which care is provided at one time for more
than six but fewer than 16 older school-age level children or more
than six but fewer than 13 children of another age level who are unrelated
to the operator. The term includes a facility located in a residence
or another premises.[9]
[Added 10-3-2016 by Ord.
No. 10-3-16-03]
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimal level of
supervision but do not require medical or nursing care or general
supervision. A group care facility must be licensed and/or approved
by the Pennsylvania Department of Public Welfare.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space.
A residence for inmates on release from more-restrictive
custodial confinement or initial places in lieu of such more-restrictive
custodial confinement, wherein supervision, rehabilitation, and counseling
are provided to mainstream residents back into society, enabling them
to live independently. Such facility must be leased and operated by
the Pennsylvania Department of Corrections for such services.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air-pollution
control facility, and other discarded material, including solid, liquid,
semisolid or contained gaseous material, resulting from municipal,
commercial, industrial, institutional, mining, or agricultural operations,
and from community activities, or any combination of the above, which,
because of its quantity, concentration, or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known
as the "Coal Refuse Disposal Control Act."[10] "Hazardous waste" shall not include treatment sludge from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Streams Law,"[11] solid or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342),
or source, special nuclear, or by-product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
An administrative proceeding conducted by a board pursuant
to Section 909.1.[12]
See definition of "building height."
The partial use of a dwelling unit for commercial or nonresidential
uses by a resident thereof, which is subordinate and incidental to
the use of the dwelling for residential purposes.
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for inpatients, and including as related facilities, laboratories,
outpatient departments, training facilities and staff offices.
A building designed or used primarily as a temporary abiding
place in which lodging is provided for compensation, with or without
meals, containing 10 or more guest rooms and having an outside entrance
in common.
Dogs, cats, rabbits, birds, etc., for family use only (noncommercial),
with cages, pens, etc.
See "coverage."
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved divide in which combustible material, other than
garbage, is burned to ashes.
Any establishment which provides recreation, amusement or
entertainment for the general public within a completely enclosed
structure for a fee or admission charge, including but not limited
to: theaters, dance halls, bowling alleys, billiard and pool halls,
video and other coin-operated game arcades and spas or health clubs
where the principal use includes a gymnasium, exercise room, swimming
pool or other sports facility.
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to ensure a harmonious
integration into the neighborhood.
The manufacturing, compounding, processing, assembly or treatment
of materials, articles, or merchandise. Light and heavy industry shall
be defined as they are used in the industry.
A building or grounds, all or a portion of which is used
by persons who occupy the buildings for a common purpose, including,
but not limited to, hospitals, convents, school dormitories, college
campuses, and nursing homes; the education, administrative and/or
recreational facilities of such organizations as the YMCA, YWCA, Boy
Scouts, Girl Scouts, and Boys Clubs; not to include penal institutions
and similar facilities.
Any discarded materials, machinery, scrap metals, articles
or objects possessing value in part, gross, or aggregate, and including,
but not limited to, inoperable vehicles and parts thereof, including
motors, bodies of motor vehicles and vehicles which are inoperable.
Junk includes vehicles, tires, vehicle parts, equipment, paper, rags,
metal, glass, building materials, household appliances, brush, wood
and lumber.
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, including auto wrecking yards, house wrecking yards, used
lumberyards and places or yards for use of salvaged house wrecking
and structural steel materials and equipment, but excluding such uses
when conducted entirely within a completely enclosed building, and
excluding pawnshops and establishments for the sale, purchase or storage
of used cars in operable condition, salvaged machinery, used furniture
and household equipment and the processing of used, discarded or salved
materials as part of manufacturing operations.
Any political subdivision that adopts this code for administrative
regulations within its sphere of authority.[13]
A state-licensed facility for the housing of animals of all
species and varieties for nonprofit and profit.
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
A furnished apartment with a kitchenette and bathroom.
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; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Provisions for the exclusion of certain land development only
when such land development involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium; or
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
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 completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and high-level
screen.
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as
grass, trees, shrubs and flowers. This treatment shall be permitted
also to include the use of logs, rocks, fountains, water features
and contouring of the earth.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, including laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
The political entity of the adopting jurisdiction.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
Includes, but is not limited to, horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules and any other hoofed
animals.
An off-street area on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on a street or other appropriate means of access.
A single parcel of land.
The lines bounding a lot as defined herein.
Any lot which, individually or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Bradford
County, Pennsylvania.
The width of a lot at the front building line, measured at
right angles to its depth.
A lot abutting on and at the intersection of two or more
streets, or upon two parts of the same street, where, in either case,
the interior angle formed by intersection of the street lines does
not exceed 135°.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
A lot other than a corner lot or through lot.
The minimum lot width at the building setback line.
See "nonconforming lot."
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added 1-6-2020 by Ord. No. 1-6-2020]
A retail commercial area designed as a unit with adequate
off-street area, in single ownership, that covers the entire B-1 District.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
The processing and/or converting of raw unfinished or finished
materials or products, or of any combination, into an article or substance
of a different character, or for use for a different purpose; industries
furnishing labor in the case of manufacturing or the refinishing of
manufactured articles.
All other types of manufacturing not included in the definitions
of "light manufacturing" and "medium manufacturing."
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted
entirely within an enclosed structure, with no outside storage, serviced
by a modest volume of trucks or vans and imposing a negligible impact
on the surrounding environment by noise, vibration, smoke, dust or
pollutants.
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment within an enclosed structure or an
open yard that is capable of being screened from neighboring properties,
serviced by a modest volume of trucks or other vehicles.
See § 500-79.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health care practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
Any aggregate or mass of mineral matter, whether or not coherent,
that is extracted by surface mining. The term includes, but is not
limited to, limestone and dolomite, sand and gravel, rock and stone,
earth, fill, slag, iron ore, zinc ore, vermiculite and clay; but it
does not include anthracite or bituminous coal or coal refuse, except
as provided in Section 4 of the Noncoal Surface Mining Conservation
and Reclamation Act, No. 1984-219, as amended,[15] or peat.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one use.
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.
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.
A parcel of 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.
An establishment in which the dead are prepared for burial
or cremation. The facility shall be permitted to include a chapel
for the conduct of funeral services and spaces for funeral services
and informal gatherings, and/or display of funeral equipment.[16]
One or more buildings for the accommodation of transient
guests, chiefly motorist, containing guest rooms for rent, each of
which has a separate outside entrance.
A body politic and corporate created pursuant to the "Municipality
Authorities Act," 53 Pa.C.S.A. § 5601 et seq.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Includes garbage, refuse, industrial lunchroom or office
waste and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities,
and sludge not meeting the definition of residual or hazardous waste
from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air-pollution control facility.
Any city of the second class A or third class, Borough, incorporated
town, Borough of the first or second class, county of the second class
through eighth class, home rule municipality, or any similar general
purpose unit of government which shall hereafter be created by the
General Assembly. (Definition amended December 14, 1992, P.L. 815,
No. 131.)
Any activity pertaining to the drilling of natural gas, including:
injection, withdrawal, extraction, production, observations, or monitoring
of natural gas stored in underground formations.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, or 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.
A lot, the width, area or other dimension of which did not
conform to the regulations when this chapter became effective.
A sign or sign structure or portion thereof, lawfully existing
at the time this chapter became effective, which does not now conform.
A building or structure or portion thereof, lawfully existing
at the time this chapter became effective, which was designed, erected
or structurally altered for a use that does not conform to the zoning
regulations of the zone in which it is located.
See "use, nonconforming."
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A proprietary facility, licensed by the state, for the accommodation
of convalescents, or chronically ill persons, in which such nursing
care and medical services are prescribed by or are performed under
the general direction of persons licensed to provide such care or
services in accordance with state laws.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water, or which
is placed where the flow of the water might carry the same downstream
to the damage of life and property.
A building designed or used primarily for office purposes,
no part of which is used for manufacturing.
A room or rooms used for the carrying on of a profession,
including, but not limited to, physicians, dentists, architects, engineers,
accountants, attorneys, real estate brokers, insurance agents entitled
to practice under the laws of the Commonwealth of Pennsylvania or
similar types.
A potable supply of water used for consumption by a single-family
user from a private well.
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios, and recreational areas and facilities.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
An advertisement used outdoors, including painted walls or
rock face, of a product or service related or unrelated to the use
of the land or structure on which it is located, but not including
official notices or directional road signs of a government body.
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational uses.
A lot where cars are parked: a parking lot or car park.
An open area, other than a street, used for the parking of
automobiles.
A space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for
the parking of an automobile.
A common shared wall between two separate structures, buildings,
or dwelling units.
A recreational area, usually, but not limited to, being roofless,
adjoining a dwelling unit.
When required herein, that amount of land required for the
location of adequate parking spaces, driveways, or other access roads.
In the computation of a paved area, the actual building area shall
be excluded.
A natural person, heirs, executors, administrators or assigns,
and includes a firm, partnership or corporation, or their successors
or assigns, or the agent of any of the aforesaid.
A building in which food, shelter and personal assistance
or supervision are provided for a period exceeding 48 consecutive
hours for more than three adults who are not relatives of the operator
and who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self-administration. Residents
shall consist primarily of elderly persons, 55 years of age or older.
Any enterprise conducted for gain which primarily offers
services to the general public, such as shoe repair, valet service,
watch repair, barbershops, beauty parlors and related activities.
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
A residential or commercial development guided by a total
design plan in which one or more of the zoning or subdivision regulations,
other than use regulations, shall be permitted to be waived or varied
to allow flexibility and creativity in site and building design and
location, in accordance with general guidelines.
A planning commission, planning department, or a planning
committee of the governing body.
The Planning Commission of South Waverly Borough, Bradford
County, Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
A plot of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be
erected, the location of the lot in relation to abutting streets,
and other such information.
ABOVE-GROUND/ON-GROUND POOLSee "private swimming pool."
BARRIERA fence, a wall, a building wall, the wall of an above-ground swimming pool, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
HOT TUBSee "private swimming pool."
IN-GROUND POOLSee "private swimming pool."
SPASee "private swimming pool."
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
A pool cover that is placed over the water area and is opened
and closed with a motorized mechanism activated by a control switch.
Any lot, parcel, or tract of land or any building constructed
thereon.
Not publicly owned, operated, or controlled.
A legally established right-of-way, other than a public street,
which provides the primary vehicular and/or pedestrian access to a
lot.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing in connection with an occupancy in Use Group
R-3 and which is available only to the family and guests of the householder.
This includes in-ground, above-ground, and on-ground swimming pools,
hot tubs and spas.
Any private swimming pool that is totally contained within
a private structure and surrounded on all four sides by walls of said
structure.
Any private swimming pool that is not an indoor pool.
The practice of a profession by any professional, including,
but not limited to, attorney, physician, surgeon, osteopath, chiropractor,
dentist, optician, optometrist, chiropodist, engineer, surveyor, architect,
landscape architect, planner or similar type, entitled to practice
under the laws of the Commonwealth of Pennsylvania.[18]
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation and/or board created by law
for the performance of certain specialized governmental functions).
Includes:
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.
Any drainage ditch, storm sewer or drainage facility, sanitary
sewer, water main, roadway, parkway, sidewalk, pedestrianway, tree,
lawn, off-street parking area, lot improvement, or other facility
for which the local government may ultimately assume the responsibility
for maintenance and operation or for which local government responsibility
is established.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq., known as the "Sunshine Act."
[Amended 1-6-2020 by Ord. No. 1-6-2020]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Uses operated by a unit of government to serve public needs,
such as police (with or without jail), fire service, ambulance, judicial
court or government offices, but not including public utility stations
or maintenance facilities.
Any sanitary sewer collection and treatment system, whether
publicly or privately owned, and approved by the Pennsylvania Department
of Environmental Resources.
Any swimming pool other than a private swimming pool.
Public and semipublic uses of a welfare and educational nature,
including, but not limited to, hospitals, schools, parks, churches,
cemeteries, day-care centers, historical restorations, fire stations,
municipal buildings, essential public utilities which require enclosure
within a building, airports, fraternal clubs and homes, nonprofit
recreational facilities, easements for alleys, streets, and public
utility rights-of-way, and radio and television transmission facilities.
Public schools, parks and administrative, cultural and service
buildings, but not including public land or buildings devoted primarily
or solely to the storage and maintenance of equipment and material.
A structure or facility used by a public or quasi-public
utility agency to store, distribute, or generate electricity, gas,
or telecommunications, and related equipment, or to pump or chemically
treat water. This does not include storage or treatment of sewage,
solid waste or hazardous waste.
A potable supply of water subject to either the Pennsylvania
Public Utility Commission jurisdiction or other appropriate regulating
agency.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
Essentially a public use, although under private ownership
or control.
A majority of the authorized members of a board or commission.[19]
Group recreation facilities other than commercial, or public
recreation uses, not operated for profit and open only to its members.
Publicly owned and operated and open to the general public.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which has its own
motor power or is mounted or drawn by another vehicle, having a body
width of no more than eight feet and a body length of no more than
35 feet when factory-equipped for the road, and licensed as such by
the commonwealth, to include, but not be limited to, travel trailers,
truck campers, camping trailers, and self-propelled motor homes.
Reusable material, including, but not limited to, clear glass,
colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, plastics and other materials designated
as recyclable under the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act.[20]
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. This term does not include
such facilities as transfer stations, municipal waste landfills composting
facilities, resource recovery facilities, or junkyards.
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, scrap metals, paper, rags,
tires and bottles, and other such materials.
All combustible refuse and incombustible refuse, referred
to collectively.
COMBUSTIBLE REFUSEAll paper, straw, excelsior, packaging materials, rags, rubber, shoes and such other refuse as may result from ordinary housekeeping and commercial pursuits and which may be burned by fire.
INCOMBUSTIBLE REFUSEAll discarded articles or materials other than sewage, liquid waste, garbage and combustible refuse.
An architect or engineer registered or licensed to practice
professional architecture or engineering, as defined by statutory
requirements of the professional registration laws of the state in
which the project is to be constructed.
An establishment whose primary purpose is the rehabilitation
of persons. Such services include drug and alcohol rehabilitation,
assistance to emotionally and mentally disturbed persons, and halfway
houses for and juveniles.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
A use or building owned or maintained by organized religious
organizations or nonprofit associations for social, civic or philanthropic
purposes, or the purpose for which persons regularly assemble for
worship.
Any method, process or substance, the supply of which is
rejuvenated through natural processes and, subject to those natural
processes, remains relatively constant, including, but not limited
to, biomass conversion, geothermal energy, and wind energy and hydroelectric
energy, excluding those sources of energy used in the fission and
fusion processes.
Interior or exterior remodeling of a structure, other than
ordinary repair.
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 the cost of reproduction.
An establishment that sells prepared food for consumption.
Restaurants shall be classified as follows:
RESTAURANT, FAST-FOODAn establishment that sells food already prepared for consumption, packaged in paper, styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.
RESTAURANT, GENERALAn establishment that sells food for consumption on or off the premises.
RESTAURANT, TAKE-OUTAn establishment that sells food only for consumption off the premises.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses; generally, the right of one to pass over the property
of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.[21]
The row house is a "group house" now, limited to as few as
four to as many as nine units maximum.
See definition of "antenna, satellite dish."
Any place of instruction in any branch of knowledge, approved
and credited by the Pennsylvania Department of Education.
A school establishment to provide for the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to
schools that are owned and operated privately for profit and that
do not offer complete educational curriculum (e.g., beauty school
or modeling school).
See definition of "child day-care center."
[Amended 1-6-2020 by Ord. No. 1-6-2020]
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
Churches, Sunday schools, parochial schools, colleges, and
other institutions of an educational, charitable, religious or philanthropic
nature.
The minimum required distance between the property line and
the building line.
A retail commercial area designed as a unit, with adequate
off-street free parking area, and usually consisting of several buildings.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
An advertising message, announcement, declaration, demonstration,
display, illustration, insignia, surface or space erected or maintained
in view of the observer thereof for identification, advertisement
or promotion of the interests of any person, entity, product or service,
including the sign structure, supports, lighting system and any attachments,
ornaments or other features used to draw the attention of observers.[22]
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any adjoining property.
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned
as well as accurately depicting the use, location, and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-way, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances, as they may apply.
A plan that outlines the use and development of any tract
of land.
Any method, process or substance, the supply of which is
rejuvenated through natural processes and, subject to those natural
processes, remains relatively constant, including solar.
A use permitted in a particular zoning district pursuant
to the provisions of subdivision, land development and zoning. The
Board may grant a special exception pursuant to express standards
and criteria established in this chapter. Requests for such special
exception shall be decided by the Board after a hearing to determine
compliance with said standards and criteria and after review by the
Planning Commission.
Identical to a special exception.
A structure intended for lease for the sole purpose of storing
household goods, motor vehicles, or recreational equipment.
A structure not intended for residential occupancy which
is accessory to the principal use of the property as a place to store
personal property and is under 1,000 square feet. No Truck Boxes,
trailers or similar type containers are allowed except for in the
Industrial, Commercial and Agricultural Districts.
[Added 12-9-2019 by Ord.
No. 12-9-19-01]
A vehicular, portable structure built on a chassis, designed
to be used for storage and transportation of goods. This definition
shall apply to all such trailers with dimensions in excess of six
feet in width and 19 feet in length.
That portion of building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused under-floor space is more than six feet (1,829 mm) above grade,
as defined herein, for more than 50% of the total perimeter or is
more than 12 feet (3,658 mm) above grade, as defined herein, at any
point, such usable or unused under-floor space shall be considered
as a story.
A story under a gabled, hipped, or gambrel roof, the wall
plates of which, on at least two opposite exterior walls, are not
over three feet above the finished floor of such story.
Any thoroughfare or public way not less than 16 feet (4,877
mm) in width which has been dedicated.
The center of the surveyed street right-of-way, or where
not surveyed, the center of the traveled cartway.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The right-of-way line of a public street or the cartway line
of a private street.
The shortest distance between street lines measured at right
angles to the center line of the street.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
A minor street which is parallel and adjacent to a limited
access highway or arterial street, which provides access to abutting
properties and protection from through traffic; also known as a "service
road."
A street used primarily for access to abutting properties.
A right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means
of access to two or more sites.
Any change in the structural members of a building, such
as load-bearing walls, columns, beams or girders.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
See the definition of "nonconforming structure."
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
A building or portion of a building used as a place of work
by an artist, photographer, or artisan, or used for radio or television
broadcasting.
An apartment with a living space and a bathroom and a small
kitchen; studio.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school" and other similar expressions.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than ten acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration to a structure listed on
the National Register of Historic Places or the State Inventory of
Historic Places.
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509[23]) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
Any body of water or receptacle for water, having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed or installed or maintained in
or above the ground, outside any building.
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
A boardinghouse primarily for transient guests.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A traditional term for an upper-class house in London (in
contrast with a country house), and is now coming into use as a term
for new terraced houses, which are often three stories tall with a
garage on the ground floor.
TRAVEL TRAILERA vehicular, portable structure, built on a chassis, designed to be used for temporary dwelling, travel, recreational and vacation uses, permanently identified as a "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, having a body width not exceeding eight feet, being of any length, provided that its gross weight does not exceed 4,500 pounds, or being of any weight, provided that its body length does not exceed 29 feet.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
SMALL UTILITY TRAILERAny trailer, usually drawn by a passenger automobile, used for the occasional transport of personal effects.
OFFICE TRAILER/CONSTRUCTION SITE TRAILERAny trailer used for a temporary office for construction workers at the site of construction or an office trailer used in conjunction with a business.
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more-intensive
development is deemed to be appropriate. (Definition amended December
14, 1992, P.L. 815, No. 131.)
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The activity occurring on a lot or parcel for which land
or a building is arranged, designed or intended, or for which land
or a building is or may be occupied, including all accessory uses.
A certificate, issued and enforced by the Zoning Officer
upon completion of the construction of a new building or upon a change
or conversion of the structure or use of a building, which certifies
that all requirements and regulations as provided herein, as well
as all other applicable requirements, have been satisfied.
The change within the classified use of a structure or premises.
A use that lawfully occupied a building or land at the time
this chapter became effective, which has been lawfully continued and
which does not now conform with the use regulations.
A use that fulfills a primary function of a household, establishment,
institution or other entity.
A use that is authorized by this chapter to be conducted
for a fixed period of time. Temporary uses are characterized by such
activities as the sale of agricultural products, contractors' offices
and equipment sheds, fireworks, carnivals, flea markets, and garage
sales.
A deviation from the height, bulk, setback, parking or other
dimensional requirements established by this chapter.
Shall consist of trees, shrubs, flowers, grass, ground or
bank cover or a suitable pervious decorative substitute.
Every device in or by which any person or property is or
may be transported or drawn upon a highway.
A building on a lot, designed and used primarily for the
washing and polishing of vehicles and which may provide accessory
services set forth herein for vehicular service stations.
The dismantling or wrecking of used automobiles, trailers,
or similar vehicles, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
Any structure or any building or part thereof that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks, or similar motor vehicles.
The use of any building, land area or the premises for the
display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreational vehicles, and including any warranty repair
work and other repair service conducted as an accessory use.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail, directly from
pumps and storage tanks, and which may include accessory facilities
for rendering services, such as lubrication, washing, and minor repairs.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include facilities used for polishing, greasing, washing, dry cleaning,
or otherwise cleaning or servicing such motor vehicles.
Any structure designed to furnish air and/or power, including
transformation and conversion of said power, to underground coal mines.
A building or premises in which goods, merchandise or equipment
are stored for eventual distribution.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
A wastewater treatment plant, also called "wastewater treatment
works," can mean one of the following:
SEWAGE TREATMENTTreatment and disposal of human waste. Sewage treatment, or domestic wastewater treatment, is the process of removing contaminants from wastewater and household sewage, both runoff (effluents) and domestic. It includes physical, chemical, and biological processes to remove physical, chemical, and biological contaminants. Its objective is to produce a waste stream (or treated effluent) and a solid waste or sludge suitable for discharge or reuse back into the environment. This material is often inadvertently contaminated with many toxic organic and inorganic compounds.
INDUSTRIAL WASTEWATER TREATMENTThe treatment of wet wastes from manufacturing, industry and commerce, including mining, quarrying and heavy industries.
Industrial wastewater treatment covers the mechanisms and processes
used to treat waters that have been contaminated in some way by anthropogenic
industrial or commercial activities prior to its release into the
environment or its reuse.
Most industries produce some wet waste, although recent trends
in the developed world have been to minimize such production or recycle
such waste within the production process. However, many industries
remain dependent on processes that produce wastewaters.
AGRICULTURAL WASTEWATER TREATMENTTreatment and disposal of liquid animal waste, pesticide residues, etc., from agriculture. Agricultural wastewater treatment relates to the treatment of wastewaters produced in the course of agricultural activities. Agriculture is a highly intensified industry in many parts of the world, producing a range of wastewaters requiring a variety treatment technologies and management practices.
RADIOACTIVE WASTE TREATMENTThe treatment and containment of radioactive waste.
Radioactive wastes are waste products containing radioactive
materials. They are usually the products of nuclear processes, such
as nuclear fission. However, industries not directly connected to
the nuclear industry may produce large quantities of radioactive waste.
The majority of radioactive waste is "low-level waste," meaning it
contains low levels of radioactivity per mass or volume. This type
of waste often consists of used protective clothing, which is only
slightly contaminated but still dangerous in case of radioactive contamination
of a human body through ingestion, inhalation, absorption, or injection.
The issue of disposal methods for nuclear waste was one of the
most pressing current problems the international nuclear industry
faced when trying to establish a long-term energy production plan,
yet there was hope it could be safely solved. A report giving the
nuclear industry's perspective on this problem is presented in a document
from the IAEA (the International Atomic Energy Agency) published in
October 2007. It summarizes the current state of scientific knowledge
on whether waste could find its way from a deep burial facility back
to soil and drinking water and threaten the health of human beings
and other forms of life. In the United States, the DOE acknowledges
progress in addressing the waste problems of the industry, and successful
remediation of some contaminated sites, yet also major uncertainties
and sometimes complications and setbacks in handling the issue properly,
cost effectively, and in the projected time frame. In other countries
with lower ability or will to maintain environmental integrity, the
issue would be even more problematic.
In the United States alone, the Department of Energy states
there are "millions of gallons of radioactive waste" as well as "thousands
of tons of spent nuclear fuel and material" and also "huge quantities
of contaminated soil and water." Despite copious quantities of waste,
the DOE has stated a goal of cleaning all presently contaminated sites
successfully by 2025. The Fernald, Ohio, site, for example, had "31
million pounds of uranium product," "2.5 billion pounds of waste,"
"2.75 million cubic yards of contaminated soil and debris," and a
"223-acre portion of the underlying Great Miami Aquifer had uranium
levels above drinking standards." The United States has at least 108
sites designated as areas that are contaminated and unusable, sometimes
many thousands of acres. The DOE wishes to clean or mitigate many
or all by 2025; however the task can be difficult, and it acknowledges
that some will never be completely remediated. In just one of these
108 larger designations, Oak Ridge National Laboratory, there were,
for example, at least "167 known contaminant release sites" in one
of the three subdivisions of the 37,000-acre (150 km2) site. Some of the U.S. sites were smaller in nature; however, cleanup
issues were simpler to address, and the DOE has successfully completed
cleanup, or at least closure, of several sites.
FRACK WASTE FACILITYA facility used for treating the water solution used in the process of hydraulic fracturing in order to extract natural gas from the Marcellus shale. The treatment facility is where the water solution will be taken once the process of hydraulic fracturing is done in order to ensure that the water will be treated properly, removing any harmful chemicals prior to being released back into the earth.
A facility immediately adjacent to a river, tributary, or
stream that typically contains a submerged suction line, pumps, water
main, multiple hydrants, truck loading area, and water storage tanks,
storing water on a temporary basis that is intended to be transferred
by vehicle to a natural gas well pad for the purpose of hydraulic
fracturing.
An open, unoccupied space on a lot, other than a court, which
is unobstructed from the ground upward by buildings or structures,
except as otherwise provided in this chapter.
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter, and on which is placed (planted) year-round shrubbery, hedges,
evergreens, or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district and, in addition
to the natural screen, may include a wall or a baffle, as provided
for in this chapter.
An open, unoccupied space between the buildings of a dwelling
group or its accessory building and the project boundary or street
line.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto.
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings, not a front, side, or rear yard.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high-water line and a line parallel thereto.
An open, unoccupied space on the same lot with the building
and between the building line and the side lot line, or to the ordinary
high-water line.
The designation of specified districts within a community
reserving them for certain uses, together with limitations on lot
size, heights of structures and other stipulated requirements.
The written authorization issued by the Zoning Officer for
use of land, buildings or other structures.
The map or maps containing the zoning districts of South
Waverly Borough, Bradford County, Pennsylvania, together with all
amendments subsequently adopted.
The Zoning Officer, or his authorized representative, appointed
by the governing body of South Waverly Borough, Bradford County, Pennsylvania.
A permit stating that the purpose for which a building and/or
structure or land is to be used is in conformity with the uses permitted
and all other requirements under this chapter for the district in
which it is or will be located.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: The former definition of "board," which immediately
followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[3]
Editor's Note: Former definition of "center-based day-care
facility," amended 7-2-2012 by Ord. No. 6-2-12, which immediately
followed this definition, was repealed 10-3-2016 by Ord. No. 10-3-16-03.
[4]
Editor's Note: The former definitions of "conditional use"
and "condominium," which immediately followed this definition, were
repealed 1-6-2020 by Ord. No. 1-6-2020.
[5]
Editor's Note: The former definition of "court," which immediately
followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[6]
Editor's Note: The former definition of "court, outer," which
immediately followed this definition, was repealed 1-6-2020 by Ord.
No. 1-6-2020.
[7]
Editor's Note: Former definitions of "day-care, family" and
"day-care, group," which immediately followed this definition, were
repealed 10-3-2016 by Ord. No. 10-3-16-03.
[8]
Editor's Note: The former definition of "family day-care home,"
which immediately followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[9]
Editor's Note: The former definition of " group day-care home"
which immediately followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[10]
Editor's Note: See 52 P.S. § 30.51 et seq.
[11]
Editor's Note: See 35 P.S. § 691.1 et seq.
[12]
Editor's Note: Section 909.1 refers to the Municipalities Planning Code, 53 P.S. § 10909.1. See also § 500-105A of this chapter.
[13]
Editor's Note: "This code" refers to the Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[15]
Editor's Note: See 52 P.S. § 3304.
[16]
Editor's Note: The former definition of "motel or hotel,"
which immediately followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[18]
Editor's Note: The former definition of "professional offices,"
which immediately followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[19]
Editor's Note: The former definitions of "recreation, indoor"
and "recreation, outdoor," which immediately followed this definition,
were repealed 1-6-2020 by Ord. No. 1-6-2020.
[20]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[21]
Editor's Note: The former definition of "rooming house," which
immediately followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[22]
Editor's Note: The former definition of "signs, community,"
which immediately followed this definition, was repealed 1-6-2020 by Ord. No. 1-6-2020.
[23]
Editor's Note: "Section 509" refers to Section 509 of the
Municipalities Planning Code, 53 P.S. § 10509.
