For the purpose of this Zoning Ordinance, certain terms used herein
shall be interpreted as follows:
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
The present tense includes the future tense, the singular number
includes the plural and the plural number includes the singular.
The word "shall" is mandatory; the word "may" is permissive.
The words "used" or "occupied" include the words "intended," "designed,"
or "arranged to be used or occupied."
The word "lot" includes plot or parcel.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years.
ACCESSORY BUILDING
A building which is on the same lot with, but detached from,
the principal building and which is customarily incidental and subordinate
to the principal building, including, but not limited to, private
garages, storage sheds and the like.
ACCESSORY USE
A use related to the principal use which is customarily incidental
and subordinate to the principal use or structure and located on the
same lot with such principal use or structure.
ADULT ARCADE
See Article 1336, Adult Entertainment Establishments.
ADULT CABARET
See Article 1336, Adult Entertainment Establishments.
ADULT MOTEL
See Article 1336, Adult Entertainment Establishments.
ALLEY
Any public space or thoroughfare less than 21 feet in width,
which has been dedicated or deeded to the public for public travel
and which affords secondary access to abutting property.
ALTERATION
Any change in the support members of a building such as bearing
walls, columns, beam or girders; changes in the means of ingress and/or
egress; enlargement of floor area or height of a structure; or a relocation
of a structure from one position to another.
ANCILLARY COMMERCIAL
Supporting retail, personal or business services for the
convenience of the employees and visitors to a business park, including,
but not limited to, a newsstand, travel agency, florist shop, card
and gift shop, restaurant or delicatessen, sale of office supplies,
and similar facilities.
ANIMAL SHELTER
A facility used to house or contain stray, homeless, abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, an established humane society, animal welfare society,
society for the prevention of cruelty to animals, or other non-profit
organization devoted to the welfare, protection, and humane treatment
of animals.
APA 87-1
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
APARTMENT HOUSE
A residential building containing five or more independent
dwelling units for occupancy by five or more families.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan, for the approval
of a development plan.
AUTOMOTIVE SALES AND SERVICE AND REPAIR
An establishment engaged in the sales and/or service and
repair of automobiles, motorcycles and trucks under 26,000 GVW, but
not including heavy equipment or any other vehicle not classified
as a motor vehicle under the Pennsylvania Motor Vehicle Code with
all service repair and/or maintenance of said vehicles to be conducted
within a completely enclosed building.
AWNING
See Article 1332, Signs.
BAKERY
A retail store which sells baked goods to businesses and
the general public which may include on-site production of said baked
goods.
BANK
A financial institution including but not limited to a savings-and-loan
association, credit union or a named bank which is duly authorized
to receive and safeguard money and other valuables; and money at interest;
execute bills of exchange such as checks and drafts; purchase and
exchange foreign currency; and issue notes of circulation.
BAR/TAVERN
An establishment that allows the dispensing of malt brewed
beverages or alcoholic beverages on the property or on the premises
and requires a license by the Pennsylvania Liquor Control Board.
BASEMENT
A story of a building having 50% or more of its wall area
below the grade of the surrounding ground.
BED-AND-BREAKFAST
The use of a single-family detached dwelling which includes
the rental of overnight sleeping accommodations and bathroom access.
This shall not include a use that provides any cooking facilities
for use by guests or that provides meals for persons other than the
overnight guests, unless requirements for a restaurant are also met.
BOARD
The Zoning Hearing Board of the City of New Castle.
BOTTLE CLUB
An establishment where no alcoholic beverages are sold, but
where members, guests, or customers provide their own alcoholic beverages,
paying a fee or other consideration for admission or membership.
BUFFER AREA (SCREENING AND LANDSCAPING)
A landscaped area which shall be planted and maintained consisting
of trees, grass, ground cover, shrubs, bushes and the like of mixed
types and sizes of plant material that will provide a year-round visual
screen at least six feet in height, and five feet in depth from the
property line. Along all property lines where development in the C-1
or C-2 District containing any use other than single-family dwellings,
adjoins property in the R-1 or R-2 District, no structures or uses
including, but not limited to, buildings, accessory structures, parking
spaces, access driveways and lighting devices may be located closer
than 20 feet to any side or rear lot line.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof, including, but not limited to, all mobile
homes and trailers.
BUILDING ELEVATION
The entire side of a building from ground level to the roofline
as viewed perpendicular to the walls on that side of the building.
BUILDING HEIGHT
The vertical distance from the average elevation at grade
level to the highest point of the roof.
BUILDING LINE (SET BACK LINE)
The line within the property defining the required minimum
distance between any structure and the adjacent street right-of-way.
BUILDING MAIN
A building in which the principal use of the site is conducted.
BUILDING PERMIT
A permit issued by the Permit Officer upon application that
authorizes the applicant to undertake the proposed alteration, construction,
reconstruction, addition, enlargement, removal, or relocation of any
structure.
BUILDING PRINCIPAL
The structure or structures in which the principal use or
uses are conducted.
BUILDING TEMPORARY
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction utilities or other community facilities or used temporarily
in conjunction with the sale of property or goods.
CAR WASH
Any facility including self service facilities, whether automatic,
semi-automatic or manual, for washing and polishing vehicles.
CARTWAY or ROADWAY
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
CEMETERY
Property used for the interring of deceased persons or domestic
pets, including mausoleums and columbariums but not including crematoriums
or family plots.
CHANGE IN USE OR OCCUPANCY
Any change from one use to another or from one owner to another
of any building, structure or use of land.
CHURCH
A building, other than a dwelling, used primarily as a place
of worship for a recognized religious denomination which may also
include accessory use rooms for religious education, social and recreational
activities and administrative offices.
CITY
The City of New Castle, Pennsylvania.
CLINIC
See "health care clinic."
CLINIC, VETERINARY
An establishment where animals are examined and treated by
veterinarians.
COLLECTOR ROAD
A public street which in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial roads.
COMMERCIAL CENTER, COMMUNITY
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.
COMMERCIAL CENTER, CONVENIENCE
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.
COMMERCIAL CENTER, NEIGHBORHOOD
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.
COMMERCIAL CENTER, REGIONAL
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.
COMMERCIAL, HEAVY
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 lumber yards, construction
specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT
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, offices, catering
services or restaurants.
COMMERCIAL, RETAIL SALES AND SERVICES
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.
COMMUNICATIONS ANTENNA
Any structure designed for transmitting or receiving wireless
communications or video, voice, data or similar transmission and including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas, and satellite or microwave dish antennas which
may be mounted to an existing building, an existing public utility
storage or transmission structure or an existing communications tower,
but not including transmission and receiving devices licensed by the
Federal Communications Commission exclusively for private use by citizens
or any satellite dish antennas for private use by citizens which is
less than 24 inches in diameter.
COMMUNICATIONS EQUIPMENT BUILDING
A manned or unmanned structure which contains the equipment
necessary to maintain and operate communications antennas and which
covers an area on the ground in excess of 200 square feet.
COMMUNICATIONS EQUIPMENT CABINET
An unmanned structure which contains the equipment necessary
to maintain and operate communications antennas and which covers an
area on the ground of no more than 200 square feet.
COMMUNICATIONS TOWER
Any structure whether free standing or attached to a building,
designed to support multiple communications antennas, including monopole,
self supporting and guide towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multi point
or side arm mounts and pipe mounts for microwave dish antennas.
COMMUNITY CENTER
Structure where community activities are conducted for nonprofit
functions.
COMPREHENSIVE PLAN
The declaration of purposes, policies and programs for the
development of the City of New Castle.
CONDITIONAL USE
An authorized use which may be granted only by the City Council
of the City of New Castle pursuant to express standards and criteria
prescribed in this article, after review and recommendation by the
City Planning Commission subsequent to a public hearing.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices and other types of space in commercial
and industrial buildings or on real property.
CONFECTIONERY
A retail store which sells candy, nuts, popcorn and similar
sweets to businesses and the general public which may include on-site
production of said goods.
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible or audible
effects by combustion, is suitable for use by the public, complies
with the construction, performance, composition and labeling requirements
promulgated by the Consumer Products Safety Commission in 16 CFR (relating
to commercial practices) or any successor regulation and complies
with the provisions for "consumer fireworks" as defined in APA 87-1,
or any successor standard. The term does not include devices such
as "ground and handheld sparkling devices," "fireworks novelties"
or "toy caps" as defined in APA 87-1 or any successor standard.
CONTRACTOR'S YARD
An establishment which may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis, but which involves the storage, either indoor or outdoor, of
materials, equipment and vehicles used in said business.
CONVENIENCE FOOD STORE
A retail business selling packaged foods and bottled beverages
and other novelties which may or may not be prepared on the premises
such as sandwiches and other fast foods.
CONVERSION APARTMENT
A single-family dwelling which has been modified internally
without substantial modifications to the exterior of the building
to accommodate two or more families in separate dwelling units, each
of which has independent cooking and sanitary facilities.
COUNCIL
The Council of the City of New Castle, Pennsylvania.
COURTYARD
A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three or more sides by walls
or a barrier of a building.
COVERAGE
The percentage of the lot area covered by the principal and
accessory use structures.
CREMATORY
An establishment engaging in the preparation of dead humans
and/or animals by cremation.
CULTURAL SERVICES
An organization or institution providing instruction or development
of the fine arts.
DAY-CARE CENTER
A facility licensed by the Commonwealth of Pennsylvania located
within a building which is not used as a dwelling unit for the care
and/or instruction, whether or not for compensation, of five or more
persons at any one time, for less than 24 hours or a full day. Child
nurseries, preschools and adult-care facilities are included in this
definition.
DAY-CARE HOME
A facility licensed by the Commonwealth of Pennsylvania,
located within a dwelling, for the care on a regular basis during
part of a twenty-four-hour day of not more than six children under
the age of 16, excluding the care provided to children who are relatives
of the provider. Such use shall be secondary to the use of the dwelling
for living purposes and persons who do not reside in the dwelling
shall not be employed.
DECISION
Final adjudication of any Board or other body granted jurisdiction
under any land use ordinance or the act to do so, either by reason
of the grant or 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 City
lies.
DENSITY
The number of dwelling units on a lot, or group of lots,
divided by the area and acres of the lot, or group of lots, computed
exclusive of any portion of the right-of-way of any public road.
DENTAL LAB
Establishment primarily in making to order of dentures, artificial
teeth and orthodontics appliances for the dental profession.
DEVELOPER
Any landowner, agent of such land owner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DISPLAY FIREWORKS
Large fireworks to by used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to 1) salutes that contain more than two grains or 130 milligrams
of explosive materials; 2) aerial shells containing more than 60 grams
of pyrotechnic explosive materials; and 3) other display pieces that
exceed the limits of explosive materials for the classification as
consumer fireworks and are classified as fireworks UN0333, UN0334
or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous
materials table).
DOMESTIC PETS
See Article 1145, Domestic Animals. See Article 717, Dogs.
DRIVE-THROUGH BUSINESS
A building opening including windows, doors, or mechanical
devices, through which occupants of a motor vehicle receive or obtain
a product or service.
DWELLING
Any building which is designed for human living quarters,
but not including hotels, boarding houses, tourist cabins, motels
and other accommodations used for transient occupancy.
DWELLING, DETACHED
A dwelling which is surrounded on all sides by open space
and which is not attached to any other dwelling by a common vertical
wall or any other means.
DWELLING UNIT
One or more rooms which are used as living quarters for one
family and having permanent facilities for cooking, sleeping, eating
and sanitary facilities.
DWELLING, FOUR-FAMILY
A residential building containing four independent dwelling
units for occupancy by not more than four families only.
DWELLING, SINGLE-FAMILY
A residential building containing one dwelling unit designed
for and occupied by one family only.
DWELLING, THREE-FAMILY
A residential building containing three independent dwelling
units for occupancy by not more than three families only.
DWELLING, TWO-FAMILY
A residential building containing two independent dwelling
units for occupancy by not more than two families only.
EASEMENT
A grant of limited use of private land for a public or quasi-public
purpose.
EMERGENCY SERVICES
Facilities owned and operated by a public or non-profit agency
which provides services related to the protection of public safety
and welfare, including emergency medical services, emergency management
services, fire protection, police protection and similar facilities.
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or
police equipment and departments and for related activities. The same
includes housing for emergency personnel while on call or on duty.
EMPLOYEE/EMPLOYEES
The highest number of workers including both part-time and
full-time, both compensated and volunteer, who are present on a lot
at any one time.
ENGINEER
A registered professional engineer in Pennsylvania designated
by the City of New Castle.
EROSION
The removal of surface materials by the action of natural
elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
FAMILY
One or more persons related by blood, marriage or adoption
or a group of not more than four unrelated persons living together
in a dwelling unit and maintaining a common household.
FINE ARTS
An art form developed primarily for aesthetics and/or concepts
rather than utility, often expressed in the production of art objects
using visual and performing art forms including painting, sculpture,
music, dance, photography.
FIRE DEPARTMENT
An establishment owned and maintained by the public agency
being the City of New Castle for a private or nonprofit organization
which is engaged in firefighting and other related fire protection
services and emergency services.
FLOOR AREA, GROSS
The sum of the gross 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, decks
and porches.
FLOOR AREA, HABITABLE
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom and
family room but not including hallways, stairways, cellars, attics,
service rooms, utility rooms, bathrooms, closets or unheated areas
such as enclosed porches.
FLOOR AREA, NET
The floor area exclusive of vents, shafts, courts, elevators,
stairways, halls, equipment rooms, restrooms, file rooms, and other
areas of similar facilities and areas of the building not accessible
to the general public measured from the center line of joint partitions
and the exterior faces of the wall.
FORESTRY
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 involved any land development.
FRONTAGE
The width of a lot or parcel abutting a public right-of-way
measured at the front property line.
FUNERAL HOME/MORTUARY
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.
GARAGE REPAIR AND SERVICE
A building or a part thereof used for the servicing and repairing
of motor vehicles, including engine overhaul, body work, recapping
and retreading of tires. All storage of parts and dismantled vehicles
and all repair work must be conducted entirely inside the enclosed
building.
GARAGE, PRIVATE
An accessory or part of a principal building used only for
the storage of private motor vehicles and other personal effects of
the occupants of the principal structure.
GARAGE, PUBLIC
Any garage other than a private garage available to the general
public which is used for storage, parking or rental of motor vehicles,
but which is not used for the repair or maintenance of motor vehicles.
GASOLINE SERVICE STATION
A retail place of business, engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of motor vehicles and fulfilling
of motorists needs, including the sale of petroleum products; sale
and service of tires, batteries, automotive accessories and replacement
items; washing and lubrication services; the supplying of other incidental
customer service and products; and performing of automotive maintenance
and repair, excluding such repairs as spray painting, body, fender,
axle, frame, major engine overhaul or recapping/retreading of tires.
A service station may also include the operation of a convenience
food store.
GOLF COURSE
A recreational facility which has a course for playing golf
as its principle use which may have a club house, locker room, restaurant,
swimming pool, pro shop, private facility, facilities for racquet
sports maintenance facilities and similar facilities as accessory
uses.
HABITABLE
A structure used for living purposes which includes sleeping,
eating, cooking.
HALFWAY HOUSE
A licensed home for inmates on release from more restrictive
custodial confinement or initially placed 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.
HEALTH CARE CLINIC (CLINIC)
A building that provides diagnosis, treatment and care of
human illness for outpatient care only, including offices and training
facilities not physically connected to a hospital.
HEAVY MANUFACTURING
Any manufacturing process that is not included in the definition
of light manufacturing.
HOME OCCUPATION
A service character conducted entirely within a dwelling or an accessory building to a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and which does not change the residential character thereof as regulated by §
1329.06(c).
HOMELESS SHELTER
A facility providing temporary housing to indigent, needy,
homeless, or transient persons; may also provide ancillary services
such as counseling, vocational training, etc.
HOSPITAL
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for in-patients and including related facilities such as
laboratories, outpatient departments, training facilities and staff
offices.
HOTEL/MOTEL
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests and
is not a rooming or boardinghouse. Related ancillary uses may include
but not limited to conference and meeting rooms, restaurants, bars,
recreation facilities.
HOUSEHOLD PETS
See Article 1145, Domestic Animals, and Article 717, Dogs,
of the Codified Ordinances of the City of New Castle, PA.
INDOOR AMUSEMENT
An enterprise operated for profit by other than a public
entity which is conducted wholly or partly inside an enclosed structure
for the purpose of sports, recreation and amusement activities, including
but not limited to such establishments as theaters, arenas, indoor
stadiums, indoor race tracks, indoor swimming pools, ballfields of
any type, parks, tennis courts and miniature golf courses and the
like.
INDUSTRIAL OR RESEARCH PARK
Active 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.
JUNK VEHICLE
A vehicle which is inoperative or unable to meet the vehicle
registration and inspection standards under the Pennsylvania Motor
Vehicle Code. The term does not include a vehicle which would qualify
as an antique or classic vehicle.
JUNKYARD
Land or structure located inside or outside used for the
collection, storage, processing and/or sale of scrap metal, scrap,
abandoned or junked motor vehicles, machinery, equipment, waste paper,
glass, containers and other discarded materials. Under this title,
two or more scrap, abandoned or junked motor vehicles shall constitute
a junkyard.
KENNEL
An establishment where more than three small animals who
are more than six months old are bred, trained and/or boarded for
commercial purposes. See also Article 1145, Domestic Animals.
KITCHEN
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
LANDFILL
Any site licensed by the Pennsylvania Department of Environmental
Protection for the disposal of solid waste, other than hazardous waste
as defined and regulated by federal statute.
LANDOWNER
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/she
is authorized under the lease to exercise the rights of the land owner,
or other persons having a proprietary interest in land.
LIBRARY
Public or nonprofit establishments engaged in the provision
and circulation of books and other printed and electronically produced
materials for reading, study research and reference to the general
public.
LOADING SPACE
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicles while loading or unloading merchandise or materials,
and which abuts upon a street, alley or other appropriate means of
access.
LOT
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.
LOT, CORNER
A lot abutting upon two or more streets at their intersection,
the front of which shall be considered to be the frontage of least
dimension on a street, except that where any two frontages shall each
exceed 150 feet in length, either frontage may be designated as the
"front" of the lot.
LOT AREA
That area measured on a horizontal plane bounded by the front,
rear and side lot lines exclusive of any area within a street right-of-way.
LOT DEPTH
The distance between the front and rear lot line.
LOT LINE FRONT
That line which bounds the lot contiguous with the street
right-of-way line.
LOT LINE REAR
That line which is generally opposite to the front lot line,
lot line side or any lot line which is not a front lot line or a rear
lot line.
LOT LINE SIDE
The lot line which is not a front lot line or a rear lot
line.
LOT OF RECORD
A lot described in a deed or shown on a plan of lots which
has been recorded in the Office of the Recorder of Deeds of Lawrence
County, Pennsylvania.
LOT WIDTH
The distance between straight lines connecting the front
and rear lot lines at each side of the lot.
MANUFACTURING, LIGHT
The assembly, fabrication, manufacturing, processing, production,
storage and/or wholesale distribution of goods or products where no
process involved will produce noise, vibration, air pollution, fire
hazard or other emissions noxious or dangerous to neighboring properties
within 400 feet including: advertising signs and displays; artificial
limbs, braces and orthopedic devices; awnings, tents and tarpaulins;
bakery, dairy and food products, but no animal slaughtering, curing
nor rendering of fats; books, magazines, newspapers and printed material;
cabinets, custom millwork and wood workings; ceramics and non-structural
tile and cement products; clothing and wearing apparel; customer sheet
metal work, dies and gauges, draperies, upholstery and slip covers;
electrical instruments and electronic devices; home appliances, radio
and television; jewelry; light weight non-ferrous metal castings;
lithographic plates and photo engravings; machine tools; meters; musical
instruments; nonalcoholic beverages; office machines; optical goods
and instruments; patterns; pharmaceutical products and medicines;
but not the formulation of basic plastic moldings or extrusions; precision
instruments; sporting goods; time pieces, toys; type composition;
Venetian blinds. Also, the cleaning, maintenance, repair and/or service
of all products permitted above, batteries, bicycles, boilers, guns,
locks and rugs. Also, animal care exterminators, freezer lockers and
cold storage, laboratories, laundries, light machine shops, machinery
rental, moving and storage, packing and crating service, research
laboratories with pilot plants, taxidermists and commercial welding
are included in this definition.
MINERAL REMOVAL
Any extraction of any mineral for sale or other commercial
purposes which involves removal of the surface of the earth or exposure
of the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. The term "mineral" includes, but is not limited
to, anthrocyte, bituminous coal, ligmite, limestone and dolomite,
sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and
other mineral resources. Mining activities carried out beneath the
mine openings are not included in this definition.
MIXED USE
Property used for a variety of uses in the permitted district
at any one time, in the Commercial District in order to allow residential
uses in buildings whose main function is commercial including retail
sales and service, offices, processing, residential, and related uses.
MOBILE HOME
See Article 1333, Mobile Home Court and Development Guidelines.
MONUMENT
A concrete, stone or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
MORTUARY, FUNERAL HOME
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.
MUNICIPAL AUTHORITY
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.
MUNICIPALITIES PLANNING CODE
Act of the General Assembly of the Commonwealth of Pennsylvania,
Act of 1968, P.L. 805, No. 247, as reenacted and amended.
MUNICIPALITY
The City of New Castle, Lawrence County, Pennsylvania.
MUSIC AND ART STUDIOS
Establishments engaged in the display and sale of music and
art products and supplies and which may include training of individuals
or groups of students.
NO-IMPACT HOME-BASED BUSINESS
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. The business or commercial activity must satisfy
the following requirements:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
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.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
title or amendment heretofore or hereafter enacted, which such use
was lawfully in existence prior to the enactment of this title or
amendment, or prior to the application of this ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include but are not limited to nonconforming signs. (See Article 1332,
Signs.)
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this title or amendment heretofore
or hereafter enacted, which such use was lawfully in existence prior
to the enactment of this title or amendment, or prior to the application
of this title or amendment to its use by reason of annexation.
NURSING HOME/CONVALESCENT HOME
An institution licensed by the commonwealth for the long-term
care of patients requiring skilled nursing or intermediate nursing
care but not including facilities for major surgery or care and treatment
of narcotics addiction.
OFF-STREET PARKING LOT, PRIVATE
A site or a portion of a site devoted to the off-street parking
of vehicles including parking spaces, aisles, access drives and landscaped
areas and providing vehicular access to a public street.
OFFICES
A room or group of rooms used for conducting the administrative
affairs of a business, profession, service, industry or government
generally furnished with desks, tables, files and communications equipment.
OFFICIAL MAP
The map established by Council showing the streets, highways
and parks heretofore laid out, adopted and established by law and
any amendments thereto adopted by Council or additions thereto resulting
from the approval of subdivision plats by the Planning Commission
and the subsequent filing of such approved plats.
OIL AND GAS DRILLING
The removal of oil and natural gas resources from the ground
by means of drilling.
OUTDOOR AMUSEMENT
An enterprise operated for profit by other than a public
entity which is conducted wholly or partly outside or in an enclosed
structure for the pursuit of sports, recreation and amusement activities,
including but not limited to such establishments as drive-in theaters,
arenas, stadia, race tracks, swimming pools, ballfields, parks, tennis
courts, miniature golf courses and the like.
OWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contracted purchase whether or not such
option or contract is subject to any condition, a lessee if he/she
is authorized under the lease to exercise the rights of the owner,
or other persons having a proprietary interest in the land, shall
be deemed to be an owner for the purposes of this title.
PARKING AREA
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this title.
PARKING LOT
An open lot used for the parking of automobiles.
PARKING SPACE
A portion of a parking area designated for the parking of one motor vehicle in accordance with the requirements of this title. See Article 1331, Supplementary Regulations, §
1331.06, Off-street loading and parking, Subsection
(b), Off-street parking.
PERFORMANCE GUARANTEE
Any security which may be in lieu of a requirement that certain
improvements be made before the City Council approves a final subdivision
or land development plan, including performance bond, escrow agreements,
and other similar collateral or surety agreements.
PERMITTED USE
An authorized use allowed by right which may be granted by
the Zoning Officer upon compliance with the provisions of this title.
PERSON
An individual, partnership, corporation or other legally
recognized entity.
PERSONAL SERVICES
A business for profit providing services pertaining to the
person, their apparel, or personal effects commonly carried on or
about the person, including shoe repair, tailoring, clothes cleaning,
watch repair, jewelry repair, barbershop, beauty parlor, spa, and
tanning salon, and related activities.
PLANNING CODE
The Pennsylvania Municipalities Planning Code Act 247 of
1968, P.L. 805, No. 247 as reenacted and amended.
PLAT
A map or plan of a subdivision or land development, whether
preliminary or final.
PRINCIPAL BUILDING
The building or buildings on a lot in which the principal
use or uses are conducted.
PRINCIPAL STRUCTURE
The structure or structures in which the principal use or
uses are conducted.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRINTING AND ENGRAVING
A commercial printing operation involving a process that
is considered printing, imprinting, reproducing, or duplicating images
and using printing methods including off-set printing, lithography,
and screen printing.
PRIVATE CLUB
Any establishment operated by an organization for social,
recreational and educational purposed, but open only to members and
their guests and not to the general public.
PROCESSING
The set of methods and techniques used to transform raw ingredients
into food for consumption.
PROFESSIONAL OFFICES
The office of a licensed member of a commonly recognized
profession including dentistry, medicine, law, architecture, engineering,
accounting or similar occupations or vocations requiring training
and an advanced degree in a specialized field which is maintained
for the conduct of that profession.
PUBLIC
Owned, operated or controlled by a government agency including,
but not limited to, federal, state, county and/or local.
PUBLIC AND PRIVATE SCHOOLS
(1)
Elementary: Any school having regular sessions with regularly
employed instructors who teach subjects that are fundamental and essential
in general education and provide elementary education under the supervision
of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical
governing body or a corporation meeting the requirements of the commonwealth.
(2)
Secondary: The same as elementary school except secondary education
is provided pursuant to the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body or a corporation meeting
the requirements of the commonwealth.
(3)
School of vocation: Any school having regular sessions with
regularly employed instructors which as a principal activity provides
training in a trade or vocation and teaches those subjects that are
fundamental and essential in elementary or secondary education under
the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body or a corporation meeting
the requirements of the commonwealth.
PUBLIC GROUNDS
Includes:
(1)
Parks, playgrounds, trails, paths, and other recreational areas
and other public areas;
(2)
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
(3)
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the City
Council or City Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this title.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relative to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the City of New Castle. 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.
PUBLIC PARKS AND PLAYGROUNDS
Outdoor recreation facilities available to the general public,
owned by the a government agency, for the pursuit of sports, recreation
and leisure activities.
PUBLIC UTILITY BUILDINGS/ESSENTIAL SERVICES BUILDINGS
Any administrative building, maintenance building, garage
or other structure intended for human occupancy or storage of moveable
equipment operated by a public utility or any structure, housing,
machinery or equipment necessary to the provision of essential services,
included but not limited to, sewerage treatment plants, water plants,
facilities, substations and similar facilities.
PUBLIC UTILITY/ESSENTIAL SERVICES
The erection, construction, alteration and maintenance by
public utilities or municipal or other government agencies of underground
or overhead gas, electrical, steam or water distribution systems,
including poles, wires, mains, drains, sewers, pipes, conduit, fire
alarm boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate services by such public utilities or municipal
governmental agencies or for the public health and safety or general
welfare, but not including buildings.
RADIO, TELEVISION, CELLULAR TELEPHONE AND MICROWAVE TOWERS
See also Communications Antenna. Transmission towers and
antennas which are licensed by the Federal Communications Commission
to radio and television stations and carriers for wireless communications
or video voice communication or similar transmissions for the purpose
of broadcasting, programming and communication.
RECREATION, PRIVATE
Noncommercial leisure time uses that are only open to members
and their occasional invited guests or persons within a specific group
reserved in advance.
REPAIR SERVICE
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
RESEARCH LABORATORY
A privately managed laboratory conducting scientific calculations
for research and development of products to be used or sold by clients
engaging said laboratory.
RESTAURANT, FAST-SERVICE
An establishment where food and beverages are served for
consumption either on or off the premises and where the primary method
of operation involves the serving of food in edible or disposable
containers.
RESTAURANT, FULL-SERVICE
An establishment where food and beverages are served to customers
at a table or counter by a restaurant employee and where customers
are given an individual menu and/or are offered buffet service which
includes a complete meal. Full-service restaurants may also offer
takeout service as a secondary or minor portion of their operations
and the method of operation involves the serving of food in or on
china or nondisposable dinner ware.
RETAIL BUSINESS
A use devoted exclusively to the retail sale of a commodity
or commodities provided that the items are prepared in their finished
form prior to being placed on the premises and are sold for profit.
RETAINING WALL
A wall constructed of permanent materials such as concrete,
concrete block, masonry, stone, heavy wood timbers or similar materials
that have been designed to hold back and stabilize the soil. An engineered
retaining wall may not extend above the grade it is retaining.
RIGHT-OF-WAY
Land legally dedicated for public purposes, including, but
not limited to, a street, alley, or interior walk.
ROOMING/BOARDINGHOUSE
Any dwelling in which one or more persons, either individually
or as families, are housed or lodged for compensation with or without
meals.
SANITARY LANDFILL or SOLID WASTE LANDFILL
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste and covering the waste
with soil and which has a permit to operate as a sanitary landfill
from the state and federal government.
SATELLITE DISH or SATELLITE ANTENNA
A ground based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
SCRAP YARD
A place where damaged, inoperable, or obsolete machinery
such as cars, trucks and trailers, parts are stored, bought, sold,
accumulated, exchanged, disassembled, or handled.
SEXUAL CONDUCT
See Article 714, Public Nudity, and Article 1336, Adult Entertainment
Establishments.
SIGN
See Article 1332, Signs.
SITE PLAN
A plan that outlines the use and development of any tract
of land.
SPECIAL EXCEPTION USE
An authorized use which may be granted only by the Zoning
Hearing Board in accordance with express standards and criteria and
in this title after public hearing.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STREET
A public thoroughfare 21 feet or more in width which has
been dedicated or deeded to the public for public use and which affords
principal means of access to abutting property.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means in 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 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SUPPLY YARD
Land or buildings used for the storage and supply of building
materials such as roofing, siding, lumber.
SWIMMING POOL
A body of water in an artificial or a semiartificial receptacle
or other container, whether located in or out of doors, in-ground
or aboveground, used as a recreational facility for swimming, bathing
or wading, and having a depth at any point of more than 18 inches
or a surface area of 100 square feet or more, including the equipment
necessary to maintain the swimming pool and the health condition of
the water.
TEMPORARY USE
A use that is authorized by this ordinance and being conducted
for a fixed period of time. Temporary uses are characterized by such
activities as the sale of agricultural products as a farmer's market,
contractor's offices and equipment sheds, fireworks, carnivals, flea
markets and garage sales.
THEATER
An open or enclosed building where live dramatic, musical
performances, events and lectures are presented to the public.
TRUCK TERMINAL
A premises for a carrier of goods which is the origin or
destination point of goods being transported for the purpose of storing,
transferring, loading, and unloading goods.
TRUCK/TRAILER RENTAL
The rental of trucks and/or trailers by a contractual agreement
for the right to rent a truck and/or trailer for a specified period
of time for a specified consideration.
USE
Any activity, business or purpose for which any lot or structure
is utilized, the purpose for which land or building is arranged, designed
or intended or for which either land or building is and may be occupied
or maintained.
USE, PRINCIPAL
A use that fulfills a primary function of a household, establishment,
institution or other entity.
VARIANCE
A relief from the strict letter of the Zoning Ordinance,
as it applies to specific property, as granted by the Zoning Hearing
Board in accordance with the terms of this title and the Pennsylvania
Municipalities Planning Code.
WHOLESALE OUTLET
Consists mostly of manufacturers' outlet stores selling their
own brand at a discount.
YARD
An open space, on a lot unoccupied and unobstructed from
the ground upward, except as otherwise provided in the Zoning Ordinance.
YARD, FRONT
An opened, unoccupied space in the same lot with the structure,
extending the full width of the lot and situated between the street
line and the front line of the structure projected to the side lines
of the lot.
YARD, REAR
An opened, unoccupied space in the same lot with the structure
between the rear line of the structure and the rear line of the lot
and extending the full width of the lot.
YARD, SIDE
An opened, unoccupied space in the same lot with the structure
situated between the structure and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed to be a side lot line.
ZONING HEARING BOARD
The duly appointed members of the Zoning Hearing Board for
the City of New Castle, appointed by City Council.
ZONING MAP
The official Zoning Map delineating the zoning districts
of the City of New Castle, Lawrence County, Pennsylvania, together
with all amendments subsequently adopted thereto.
ZONING OFFICER
The designated official appointed by the Council of the City
of New Castle.