A.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this article.
1.
The present tense shall include the future.
2.
The singular number includes the plural, and the plural the singular.
3.
The word "person" shall include an individual as well as a corporation,
partnership, association, or other legal entity.
4.
The words "include" or "including" shall not limit the term to the
specified examples, but are intended to extend the meaning to all
other instances of like kind and character.
5.
The word "building" shall be construed as if followed by the words
"or part thereof."
6.
The word "lot" shall be interchangeable with the words "plot," "parcel,"
"premises," "tract," or "site"
7.
The word "occupy" includes the words "designed or intended to be
occupied."
8.
The word "use" includes the words "arranged, designed, intended or
caused to be used." Such other words which denote an action or condition
of use, property or a structure which is regulated under this Chapter
attributable to human action or inaction, including but not limited
to "place," "propose," "install," "affix," or "construct," shall also
include the words "designed, intended or caused to be" that action
or condition.
9.
The word "shall" and "will" are always to be construed as mandatory;
the words "may," "should," and "are encouraged" are always to be construed
as optional.
10.
Any word or term not specifically defined herein shall be construed
with a meaning of standard usage.
B.
If a word or term is not defined in this Chapter, but is defined
in the Subdivision and Land Development Ordinance, Building Code,
or in any other applicable Code adopted by the Borough of Schwenksville,
the definition in that ordinance shall apply.
C.
All uses shall be construed in accordance with the Use Regulations
set forth herein.
See accessway.
A driveway or other accessway that provides access to more
than one property.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
A structure subordinate to the principal building on the
lot and used for purposes customarily incidental to those of the principal
building.
A use subordinate to and on the same lot as the principal
use of land or a building or other structure on a lot and customarily
incidental to the principal use.
A building subordinate to the principal building on the lot
that is nonpermanent and does not have a poured foundation; it may
not be greater than 15 feet in height or exceed one story.
A point of access, such as a driveway, that can be used by
either pedestrians or vehicles.
The cultivating of the soil and the raising and harvesting
of the products of the soil including, but not by way of limitation,
nursery, horticulture and forestry, and animal husbandry.
A public or privately owned right-of-way, on which no new
dwellings, stores, or other principal buildings are intended to front,
serving as the secondary means of access to two or more properties.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
Any area of the building having its floor subgrade (below
ground level) on all sides. A basement shall be counted in the floor
area and living space of a building if it is finished or used for
other than utility and storage purposes.
A room located in a dwelling and usable, on a regular basis,
for sleeping. Dens, family rooms, and other rooms, which are not suitable
for regular use as sleeping rooms, shall not be counted as bedrooms.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Such areas shall be comprised of natural and/or man-made material
arranged in a certain specified depth, height and density to effectively
block the view from one side to another during all seasons of the
year and to reduce the transmittal of noise and odors between the
sides. Unless otherwise specified, buffers may be included as part
of the required setbacks and yard areas. Buffers shall be 25 feet
in width unless other specific dimensions are indicated for the particular
application elsewhere in this Chapter
Any structure having enclosing walls and roof, permanently
located on the land.
The horizontal cross-sectional area of a building on a lot
above the ground level, measured at the greatest outside dimensions.
This definition excludes:
See Building Coverage.
The line which establishes the minimum depth of front yard
for the particular district as measured from the street line.
A building in which is conducted the principal use of the
lot on which it is situated.
A for-profit enterprise engaged in offering goods or services
to the public where one or more people are employed.
The portion of a street, alley, or driveway intended for
vehicular use.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
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. Also referred to as open space, and may be public or private.
Specifically, the Central Perkiomen Valley Regional Comprehensive
Plan as amended and adopted on February 2014, officially adopted by
Schwenksville Borough's Planning Commission or Borough Council.
An ownership arrangement for a housing unit in which the
unit is owned by the occupant but some or all of the exterior open
space and any community interior spaces are owned and maintained in
accordance with the Pennsylvania Unit Property Act, as most recently
amended, and in accordance with the provisions for open space, roads
or other development features.
The community association which administers and maintains
the common property, common elements, and/or common open space of
a condominium development.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
An open space that may or may not have street access, and
around which is arranged a single building or group of related buildings.
See court.
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4 1/2 feet above the ground. The measured section
should be unbranched and representative of the typical age of the
tree species. Dbh measurement is applied to existing trees (compared
to caliper used for nursery stock).
Any of the following:
The absence of routine maintenance and repair which creates,
in the opinion of the Zoning Officer, a reasonable possibility that
the condition will lead to a building, structure, object or site's
inability to be rehabilitated or reused due to structural weakness,
decay, and/or deterioration. Such a condition, whether or not as a
result of negligence or willful neglect, purpose or design, by the
owner or any party in possession thereof, may be evidenced by one
or more of the following conditions:
Facades which may fall and injure members of the public or property;
Deteriorated or inadequate foundation, defective or deteriorated
flooring or floor supports, deteriorated walls or other vertical structural
member supports;
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective materials
or deterioration;
Deteriorated or ineffective waterproofing of exterior walls,
roofs, foundations or floors, including broken windows or doors;
Defective or insufficient water protection for exterior wall
coverings, including lack of paint, or weathering due to lack of paint
or other protective covering;
Any fault or defect in the building, structure, object or site
which renders it not properly watertight or structurally unsafe;
Leaving a building, structure, object or site vulnerable to
decay by the elements or vulnerable to actual or potential vandalism;
Appearance of graffiti or other signs of vandalism; or
Any other condition which the Township Zoning Officer determines
as evidence that there is a reasonably significant possibility that
the condition will lead to a building, structure, object or site's
inability to be rehabilitated or reused.
Remedies under Subsection A1 through 9 above may be enforced
hereunder and/or under all applicable property maintenance ordinances,
including the International Property Maintenance Code, International
Fire Code, and International Building Code.
A measure of the intensity of the use of the land expressed
in terms of the number of dwelling units per developable acre.
All that land within the deeded lot lines of a parcel except
for the following:
Areas set aside as the ultimate right-of-way for a public or
private street, access easements, and access strips.
Areas with right-of-way and easements for aboveground and underground
utilities.
Steep slopes.
Floodplains.
Wetlands.
Watercourses.
Water bodies.
Stormwater management facilities.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavating, or drilling operations, the
storage of equipment or materials, and the subdivision of land.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A building, design, facility, or structure, or portion thereof,
from which a business, product or service is transacted, or is capable
of being transacted, directly with customers located in a motor vehicle
during the transaction.
A means of passage for vehicles upon a lot which must be
of concrete or bituminous material.
SINGLE-FAMILY ATTACHED DWELLINGSA permanent dwelling unit within a building having only one unit from ground to roof and having not more than two more walls in common with another dwelling unit, but sharing no internal facilities, and having an individual yard area as well as separate exterior entrances for each unit; and is not a two-family dwelling. Also known as "townhomes" or "rowhouses."
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a dwelling for one family having no party or common wall and being completely surrounded by its own yard.
SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN)A building having two separate dwelling units, one next to the other, in which one side wall is a party wall in common with a neighboring dwelling unit designed so that the vertical party wall separates two families. Both units that constitute a twin are separately lotted and are treated as two separate parcels.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building having two separate dwelling units, one over the other, and are not individually lotted. One of these two separate units constitutes a "duplex dwelling unit."
MULTIFAMILY DWELLING OR BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses or rowhouses) but can be located both beside and above and below each other. Units may share outside access and/or internal hallways, lobbies and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as a rental or condominium development.
MULTIFAMILY CONVERSIONA multifamily dwelling that results from the conversion of a single-family or two-family dwelling or the adaptive reuse of a nonresidential use building.
MULTIFAMILY UNITA single dwelling unit in a multifamily dwelling or a mixed use building containing nonresidential uses.
One or more rooms designed, occupied, or intended for occupancy
as a separate living quarter with cooking, sleeping, eating, and sanitary
facilities for the exclusive use of a single family maintaining a
household. The term "dwelling" or "dwelling unit" shall not be construed
to include a hotel, motel, rooming house, or short-term rental.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
A side of a building that has the primary customer or visitor
entrance for nonresidential uses and the primary resident entrance
for residential uses.
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than two of such
number are unrelated to all of the others by blood, marriage or legal
adoption. As a special exception, the Zoning Hearing Board may interpret
the term "family" to apply to a group of individuals, not exceeding
four, not related to each other by blood, marriage or legal adoption,
living and cooking together as a single housekeeping unit. As a reasonable
accommodation as set forth in the Federal Fair Housing Amendments
Act, 42 U.S.C.A. § 3601 et seq., and in order to enable
persons with handicaps equal access to housing in residential districts,
the Zoning Hearing Board may interpret the term "family" to apply
to a group of more than two individuals, not related to each other
by blood, marriage or legal adoption, qualified by their handicap
as defined herein. Not included under this definition are those individuals
in facilities that would qualify as "treatment centers" as defined
herein. Domestic servants shall be considered an adjunct to the term
"family."
Federal Communications Commission.
GARAGE, PRIVATEAn accessory building or a part of a principal building used for personal or commercial storage and the storage of motor vehicles owned and used by the owners or tenants of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC PARKINGAlso known as a "parking structure" or "parking deck," a building not a private or minor garage or carport, one or more stories in height used for the storage and/or parking of motor vehicles open to customers, patrons or tenants of a business or residence, and can be publicly or privately owned, and can be an accessory or principal use of the lot. Structured parking either above or below a principal building of a different use shall also be included in this definition.
The sum of all floor area of a building capable of being
used or devoted to a principal or accessory use of an occupant or
tenant, minus floor areas of the building devoted to:
Basement and crawl space utilized strictly as storage use.
Mechanical and building utility spaces such as elevator shafts,
water closets, and building equipment rooms.
Permanent common hallways and stairways.
Permanent, aesthetic lobbies used for architectural enhancement
or the general public utilizing the building.
Mezzanines devoted exclusively for storage use.
Garage area, utilized in the required parking space count for
the principal building use, and not devoted to storage use (in a single-family
dwelling, the garage area shall always be excluded from the GFLA,
no matter its use).
Design elements for handicapped accessibility.
With respect to a person, a physical or mental impairment
which substantially limits one or more major life activities or having
a record of such an impairment or being regarded as having such an
impairment. The Borough Zoning Hearing Board shall interpret this
term consistent with its meaning as provided in the Fair Housing Amendments
Act and the applicable provisions of the Code of Federal Regulations
set forth thereunder.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof. There shall be no structures
or projects above the main roof, excepting chimneys, roof-mounted
solar energy systems, agricultural features, stormwater management
structures, and the height of spires or steeples, which are exempt
from the height calculation, Housing for mechanical equipment may
project beyond the maximum height permitted, but shall not exceed
12 feet in addition to the maximum permitted.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on the Pennsylvania state inventory of historic
places; or
Individually listed as locally significant on the 2011 Historic
Resources Survey commissioned for Schwenksville Borough.
An occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling, providing that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises. This shall be distinguished from a "No-Impact Home Business," as described in Article III of this Chapter.
Surface which is covered by material which is impenetrable
and unable to absorb water, including but not limited to buildings,
structures, and paved areas.
The earth, water and air above, below, or on the surface,
including any improvements or structures customarily regarded as the
land.
Any fixed source of light emanating from a man-made device.
That three dimensional area used within the interior or the
"indoors" of a building by a family, excluding garage(s) and accessory
building(s), but including the basement if that space is finished
or is used for purposes other than utility or storage uses.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
A parcel of land which is occupied, or is to be occupied
by one principal building or other structure or use, together with
any accessory buildings or structures or uses customarily incidental
to such principal building or other structure or use, and any such
open spaces as are arranged or designed to be used in connection with
such principal buildings or other structure or use, such open spaces
and the area and dimensions of such lot being not less than the minimum
required by this chapter.
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street line
shall be deemed a portion of any lot area. The area of any lot abutting
a street shall be measured to the street line only. In calculating
the minimum lot area required in all zoning districts, the area located
within the access strip to a flag (or rear) lot up to the point where
the minimum lot width is achieved, shall be excluded.
In residential districts, the minimum lot width at the right-of-way
line along the turn around radius of a cul-de-sac shall be not less
than 50 feet or the required lot width established at the building
setback line, whichever is less.
A property boundary line of any lot held in single or joint
ownership, except that in the case of any lot abutting a street the
lot line for such portion of the lot as abuts the street shall be
deemed to be the same as the street line, and shall not be the center
line of the street, or any other line within the street line of the
street, or any other line within the street line even though such
may be the property boundary line.
The distance measured between lot lines, other than the front
and rear lot lines, at the minimum front yard setback line.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
A lot that does not provide at least 50% of the required
lot width as frontage along a public street or does not provide the
required lot width at a point equal to the minimum required front
yard established for the district in which located shall be considered
a flag lot or rear lot. Such lots shall be connected to a public street
by an access strip not less than 50 feet in width which shall be held
in fee simple ownership as a part of the flag (or rear) lot. The area
of the access strip (up to a point where the minimum lot width is
achieved) shall not be included in calculating the minimum lot area
required for the zoning district in which located.
A lot extending between and having frontage on two generally
parallel streets, with vehicular access only from one street, generally
those having the least traffic flow.
A transportable, single-family detached dwelling intended
for permanent occupancy, office or place of assembly contained in
one unit, or in two units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy and constructed so that
it may be used with or without a permanent foundation, including any
roofed addition such as covered patios and porches.
The mechanical or chemical transformation of materials or
substances into new products, including assembly of component parts
and the production or refining of goods, materials or substances into
new products.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A single-family or multifamily dwelling intended for permanent
occupancy, made by assembling one or more factory produced three dimensional
sections into an integral living unit, whose construction materials
and specifications conform to those of conventionally built units.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
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, pickup, delivery, or removal functions
to or from the premises, in excess of those normally associated with
residential use.
Wireless communications facilities located on existing structures,
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flagpoles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
The clear space within a parking area or parking garage that
provides ingress and egress to parking spaces.
An area on a tract of land employed for the transient and
open-air parking of automobiles or other motor vehicles.
A reasonably level space of concrete or bituminous material
available for the parking of one motor vehicle, not less than nine
feet wide and 18 feet long and having an area of not less than 171
square feet exclusive of driveways, or other means of circulation
or access.
A wall common to but dividing contiguous buildings; such
a wall contains no openings and extends from its footing below the
finished ground grade to the height of the exterior surface of the
roof.
A right-of-way across a block or within a block to be used
by pedestrians.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that person does not include
or apply to the Borough, or to any department or agency of the Borough.
A building or buildings designed and constructed primarily
for organized religious services and accessory uses associated therewith.
Includes church, chapel, synagogue, temple and other forms of terminology.
[Added 1-6-2022 by Ord.
No. 407]
The main use of land or structures, as distinguished from
a secondary or accessory use.
A modification to the rules and regulations contained in
this Chapter, as amended, that enables persons with handicaps to acquire
equal access to housing in a residential district as provided in the
Fair Housing Amendments Act.
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projection; designed
to be self-propelled or permanently towable by a light duty truck;
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
A building or an area within a building where food and beverages are sold for direct consumption on the premises to persons seated within the building, excluding facilities with prepared food service within a grocery store or delicatessen, the specific regulations of which are located in Article III of this Chapter.
Such use shall include shops dedicated to the retail sale of foods which are assembled or dispensed on the premises, primarily for take-out, and which may customarily also provide a sit-down area, provided the sit-down area is incidental to the take-out function and does not occupy more than 20% of the gross leasable floor area of the use. Such a requirement is necessary to distinguish this use from restaurant service. The specific regulations of such use are located in Article III of this Chapter.
A multifamily dwelling for older retired persons with ancillary
facilities for residents only, which can include meal services, passive
recreation areas, general store, dry-cleaning service, pharmacy, laundromat,
dining areas, craft room, library, music room, medical examination
area, and a barber/beauty salon. The principal occupant of such a
community shall not be less than 62 years of age and shall not be
engaged in full time employment.
The surface of and space above and below any real property
in the Borough in which the Borough or other jurisdiction has regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skywalks, or any other public place, area, or property under the control
of the Borough, and any unrestricted public or utility easements established,
dedicated, platted, improved, or devoted for utility purposes, but
excluding lands other than streets that are owned by the Borough The
phrase "in the right(s)-of-way" means in, on, over, along, above and/or
under the right(s)-of-way.
The juncture of the roof and the perimeter wall of the structure.
Any part of precipitation that flows over the land.
A line designating the distance which buildings or parking
must be set back from an existing property line, within which no building
or other structure shall be placed except as otherwise provided.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
That part of any building comprised between any floor and
the floor or roof next above. The "first story" of a wall is the lowest
story which is 75% or more above the average level of the ground adjacent
to said wall.
A natural watercourse.
A right-of-way municipally owned, serving as a means of vehicular
and pedestrian travel, furnishing access to abutting properties, and
space for sewers and public utilities. Unless otherwise indicated,
usage of the term "street" or "public street" shall refer to streets
in the public right-of-way.
The dividing line between a lot and the outside boundary
or ultimate right-of-way line of a public street, road or highway
legally opened or officially plotted or between a lot and a privately
owned street, road, or way over which the owners or tenants of two
or more lots each held in single and separate ownership have the right-of-way.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines on either side of a street.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams or girders, or any change which would convert an existing building
into a different structure, or adapt it to a different use, or which
in the case of a nonconforming use, would prolong the life of such
use.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any premises wherein alcoholic beverages are served or sold
at retail for consumption on the premises, of which the principal
business is the sale of such beverages, and where the sale of such
beverages comprises at least 75% or more of gross receipts. The facility
must be licensed by the Pennsylvania Liquor Control Board. No such
use shall be within 250 feet of a church, school or child daycare
center.
An improved and equipped play area for small children.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads and overhead utility lines.
Any vehicle designed, intended, arranged or used as a temporary
place for living, eating, sleeping or business, equipped for use as
a conveyance on streets or highways, the dimensions of which are within
the maximum size limitations for use without a special permit by the
Pennsylvania Motor Vehicle Code.[1]
Any trailer designed, intended, arranged or used for hauling
or transporting goods, property or equipment, which is designed to
be towed by a motor vehicle, and is generally so constructed that
some parts of its weight rests upon or is carried by the towing motor
vehicle. This includes trailers designed or intended for ATVs or other
off-road vehicles which are not rated for on-road use.
Any activity, alteration, addition, business, occupation,
or operation carried on, or intended to be carried on in a building,
structure, lot, parcel, or premises.
USE, ACCESSORYA minor use of a building, structure, lot, or premises; located on the same lot or premises with an established principal use; and clearly incidental or subordinate to, and operated in conjunction with, the principal use; and not to occupy more than 10% of the gross leasable floor area of the building, structure, or premises for commercial uses, and not more than 25% of the gross first floor area for residential uses.
USE, PRINCIPALA principal use is the main or primary use of a building, structure, lot or premises, for which a use code classification has been assigned, and which accounts for at least 90% of the gross leasable floor area of the building, structure, lot, or premises.
Pole used to support services such as power, telephone, or
cable television lines; or used to support street or pedestrian lighting,
typically located in public-rights-of-way.
Permission or approval granted by the Zoning Hearing Board in accordance with Article XXII hereof constituting a modification of, a deviation from the exact provisions of this chapter as applied to the use of a specific piece of property or portion of the same, pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1
et seq.).
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
are delineated in accordance to manuals and procedures adopted by
the Department of Environmental Protection and United States Army
Corps of Engineers, among others.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. Woodlands
can be characterized as containing at least 100 trees with at least
50% of those trees having a two-inch dbh or greater.
The required open, unoccupied space of the same lot with
a building or other structure or use, open and unobstructed from the
ground to the sky.
FRONT YARDA yard extending the full width of the lot along the street ultimate right-of-way line and not less in depth, measured from the street ultimate right-of-way line, than the minimum required in each district. In the case of a corner lot, the yards extending along all streets are front yards and the remaining yards shall include a rear yard, opposite the street to which the principal building is generally faced, and a side yard, opposite the other street. In the case of a reverse frontage lot, the yard extending along the street to which access is provided is the front yard.
REAR YARDA yard extending the full width of the lot along the rear lot line and extending from the rear lot line to the nearest point of any structure on the lot. In the case of irregular lots, a lot which has more than four sides, or triangular lots, the rear lot line shall be measured from a line at least 20 feet in length within the lot which shall be parallel to and at the maximum distance from the front yard opposite the street to which the principal building is faced.
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such lot line to the nearest point of any structure on the lot.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq. for
the purposes of this chapter, now a dwelling unit, manufactured home
or modular home.
