[Amended 9-12-1994 by Ord. No. 94-5]
[Amended 9-12-1994 by Ord. No. 94-5]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this article. The present tense includes the future; the singular
number includes the plural, and the plural the singular; the word
"building" includes the word "structure" and shall be construed as
if followed by the words "or part thereof"; the word "occupy" includes
the words "designed or intended to be occupied"; the word "use" includes
the words "arranged," "designed" or "intended to be used" and the
word "shall" is always intended to be mandatory when capable of such
interpretation.
A building subordinate to the principal building on the lot
and used for purposes customarily incidental to those of the principal
building.
A use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto. See § 415-114 for uses included in this definition as accessory to residential use.
Includes the following:
[Added 5-8-2000 by Ord.
No. 00-3]
ADULT BOOK STORESAn establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, files for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATERAn enclosed building used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages, which feature topless dancers, strippers, male or female impersonators, or similar entertainers.
MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, or vibrating, stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such item.
OTHER ADULT USESAny business, activity, or use similar to or of the same general nature as the uses listed above. This section shall include, but shall not be limited to, rap centers, nude wrestling studios, sensitivity centers, and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
SPECIFIED SEXUAL ACTIVITIESIs defined as:
SPECIFIED ANATOMICAL AREASIs defined as:
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.
General repair, rebuilding, or reconditioning of engines,
motor vehicles or trailers, including body work, framework, welding,
and major painting services. Major automotive repair includes all
activities and standards contained within the definition of minor
automotive repair.
[Added 6-29-2009 by Ord.
No. 2009-05]
The replacement of any part or repair of any part including
removal of the engine head or pan, engine, transmission or differential;
incidental body, fender or muffler work, touch-up painting and upholstering
service, oil change and lubrication, tire service and sales, installation
of radios, alarms, stereo equipment or cellular telephones, windshield
repair and tinting.
[Added 6-29-2009 by Ord.
No. 2009-05]
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
Any structure having enclosing walls and roof, permanently
located on the land.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot above the ground level, measured at the
greatest outside dimensions, excluding cornices, eaves, gutters or
chimneys projecting not more than 18 inches, bay windows not extending
through more than one story and not projecting more than five feet,
one story open porches projecting not more than 10 feet, carport open
on three sides, and not more than 14 feet high and 20 feet in length,
steps and balconies.
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.
When authorized by special exception and as regulated in Article XVIII, § 415-137, no more than six unrelated individuals, including temporary or permanent advisory, supervisory or caregiving personnel, living together as a single, nonprofit and nontransient housekeeping unit, where at least three of the individuals require special care or supervision for a mental or physical handicap, and further provided that no treatment is performed on the premises; but not including uses which meet the definition of boardinghouse, dormitory, motel or hotel, or treatment center. This definition shall not include housing persons released from or under the jurisdiction of a government Bureau of Corrections or similar institution.
[Added 3-11-2004 by Ord.
No. 2004-05]
Maps, charts, description matter officially adopted by the
Borough Planning Commission or Borough Council showing among other
things recommendations for the most appropriate use of land; for the
most desirable density of population; for a system of thoroughfares,
parkways and streets; for parks and recreation areas; for the general
location and extent of facilities for water, sewer, light and power;
for the general location, character and extent of community facilities.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter 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 Borough
lies.
The deliberate disregard of routine maintenance causing weakness,
decay, and deterioration of a Protected Historical Resource for purposes
of avoiding the provisions of this ordinance. Also the intentional
act of disregarding security of an historic resource resulting in
degradation by criminal activity for purposes of avoiding the provisions
of this chapter.
[Added 3-11-2004 by Ord.
No. 2004-03]
The complete dismantling, removal or destruction of a Protected
Historic Resource.
[Added 3-11-2004 by Ord.
No. 2004-03]
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the Boards designated as having jurisdiction for such appeal.
A building designed for and occupied exclusively for residential
purposes, excluding hotel, rooming house, tourist home, institutional
home, residential club, motor court and the like.
[Amended 3-11-2004 by Ord. No. 2004-05]
A building or portion thereof providing complete housekeeping
facilities for one family.
[Amended 3-11-2004 by Ord. No. 2004-05]
Any number of persons related by blood, marriage or adoption,
living and cooking together as a single, nonprofit and nontransient
housekeeping unit, including any number of foster children under the
care of the same. A roomer, boarder or lodger shall not be considered
a member of a family; or
When authorized by special exception, a common living arrangement
as defined in this chapter; or
Two unrelated persons and their children when a functional family
equivalent.
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 3-11-2004 by Ord.
No. 2004-04]
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any structure on the lot. In the case of a lot which fronts
on more than one street, the yard extending along each street shall
be a front yard.
[Amended 3-11-2004 by Ord. No. 2004-05]
GARAGE, PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant 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. Not more than two commercial vehicles or trucks may be stored in a private garage.
GARAGE, PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
GARAGE, STORAGEA building not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
A group of buildings not more than 2 1/2 stories in
height, each building to contain not more than 12 dwelling units,
with a minimum distance between buildings of 20 feet and with no building
having a frontage of more than 150 feet between side yards.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicles, fuel or accessories, and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles but
which shall not include painting or body and fender repairs.
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.
An occupation for gain or support conducted only by members
of a family residing on the premises and conducted entirely within
the dwelling and excluding any activity involving the repair, production,
assembly, manufacture, storage or delivery of goods or materials.
Furthermore, no article may be sold or offered for sale on the premises,
nor may any goods be publicly displayed on the premises. The conducting
of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist
home, animal hospital, restaurant or any similar use shall not be
deemed to be a home occupation.
[Amended 3-11-2004 by Ord. No. 2004-05]
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
Storage, repair, manufacture, preparation or treatment of
any article, substance or commodity.
A lot, land or structure, or part thereof, used primarily
for the collection, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
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 designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
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.
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 same as the street line, and shall not be the center
line of the street, or any other line within the street line even
though such may be the property boundary line.
The activity that is involved with the processing of a raw
material to a finished state or any separate and integral stage of
such process.
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 or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building and/or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
and is suitable for occupancy at all seasons of the year.
A building not a single-family dwelling nor a two-family
dwelling designed for and occupied exclusively for dwelling purposes
by three or more families living independently of one another, not
a rowhouse, but customarily called an apartment house.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
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.
[Added 3-11-2004 by Ord.
No. 2004-04]
A building or other structure, use or lot, which by reason
of design, size or use, does not conform with the requirements of
the district or districts in which it is located.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
[Added 3-11-2004 by Ord.
No. 2004-04]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
A reasonable level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passage ways, or other means
of circulation or access.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
Measures and standards by which the suitability of a proposed
use can be measured by the extent of its external effect.
A building or portion thereof providing complete housekeeping
facilities for one family for year-round use.
Includes:
A formal meeting, held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 Pa.C.S.A.
§ 701 et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio telephone, gas, power, sewer and
water facilities; provided, however, that in a residential district
these shall not include public business facilities, storage of materials,
trucks or repair facilities, or housing of repair crews.
A yard extending the full width of the lot along the rear
lot lines and extending in depth from the rear lot line to the nearest
point of any structure on the lot.
A land use and growth management plan prepared by the Regional
Planning Commission and adopted by the Regional Planning Commission
which establishes broad goals and criteria for municipalities to use
in preparation of their Comprehensive Plans and land use regulation.
[Added 3-11-2004 by Ord.
No. 2004-04]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A dwelling, not a single-family or two-family dwelling, apartment
house or hotel, providing lodging, with or without meals, and having
lodging accommodations for less than 10 guests. (See also "tourist
home".)
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any structure on the lot.
Any permanent or temporary structure or part thereof or any
device attached, painted or represented, directly or indirectly, on
a structure or other surface that shall display or include any letter,
word, insignia, flag or representation used as or which is in the
nature of an advertisement, announcement, visual communication or
direction or which is designed to attract the eye or bring the subject
thereof to the attention of the public or to display, identify and
publicize the name and product or service of any person. These do
not include architectural details; provided, that the same do not
include lettering, wording, designs or symbols.
[Amended 6-29-2009 by Ord. No. 2009-03]
A building designed for and occupied exclusively as a dwelling
for one family.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
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.
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 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.
A dwelling in which sleeping accommodations for less than
10 persons are provided for compensation.
A building designed for and occupied exclusively as a dwelling
for two families.
The future or planned width of highway in the public domain
as shown on the official ultimate right-of-way map on file at the
office of the Borough Secretary.
Establishments or places of business engaged in selling merchandise
to retailers; to industrial, commercial, institutional or professional
users; or to other wholesalers; or acting as agents in buying merchandise
for or selling merchandise to such persons or companies.
An open, unoccupied space in the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky, except for public utility lines or facilities.
