A.
The following
words are defined in order to facilitate the interpretation of this
chapter for administrative purposes and in the carrying out of duties
by appropriate officers and by the Zoning Hearing Board.
B.
Unless otherwise
expressly stated, the following words shall, for the purpose of this
chapter, have the meanings herein indicated:
(1)
Words used
in the present tense include the future tense.
(2)
The singular
includes the plural.
(3)
The word "person"
includes any individual or group of individuals, a corporation, partnership
or any other similar entity.
(4)
The word "lot"
includes the word "plot" or "parcel."
(5)
The term "shall"
is always mandatory.
(6)
The word "used"
or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A sign structure that has ceased to be used, and the owner
intends no longer to have used, for the display of sign copy, or as
otherwise defined by state law.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building (structure) subordinate to and detached from the
principal building on the same lot and used for purposes customarily
incidental to the principal building.
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
A use conducted on the same lot as the primary use of the
structure to which it is related; a use that is clearly incidental
to, and customarily found in connection with, such primary use.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended.[2]
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals distinguished
or characterized by their emphasis on matter depicting, describing
or related to specified sexual activities or specified anatomical
areas or an establishment with a segment or section devoted to the
sale or display of such material and/or rental of said material, including
but not limited to videotapes.
A facility providing counseling and rehabilitative services
to functionally impaired adults, licensed by the Pennsylvania Department
of Human Services.
An enclosed building with a capacity for fewer than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or related to specified sexual
activities or specified anatomical areas for observation by patrons
therein.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons not transients. Where permitted, or permitted
as a special exception, adult personal care facilities may be established
subject to the following conditions:
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards of
this chapter.
A buffer yard and screen planting of no less
than 10 feet in depth shall be established along rear and side lot
lines.
Off-street parking facilities shall provide
a minimum of two handicapped parking spaces or 5% of the required
parking spaces, whichever is greater.
The facility shall be conducted and operated
in compliance with all Pennsylvania Department of Human Services licensing/registration
requirements and any other local, state or federal regulations.
The tilling of the soil, raising of crops, farm animals,
livestock, horticulture, gardening, beekeeping and aquaculture.
Any public way or thoroughfare more than 10 feet (3,048 mm),
but less than 16 feet (4,877 mm), in width, which has been dedicated
to the public for public use.
Any change, addition or modification in construction, occupancy
or use.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
A change in use in any district, which includes revisions
to the zoning text and/or the official Zoning Map; and the authority
for any amendment lies solely with the Borough Council.
An establishment offering five or more amusement devices,
including, but not limited to, coin-operated electronic games, shooting
galleries, table games, and similar recreational diversions within
an enclosed building.
A building used for the treatment, housing, or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this code, include the following types:
Electrically activated: animated signs producing
the illusion of movement by means of electronic, electrical or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
Flashing: animated signs or animated portions
of signs whose illumination is characterized by a repetitive cycle
in which the period of illumination is either the same as or less
than the period of nonillumination. For the purposes of this chapter,
flashing will not be defined as occurring if the cyclical period between
on-off phases of illumination exceeds four seconds.
Patterned illusionary movement: animated signs
or animated portions of signs whose illumination is characterized
by simulated movement through alternate or sequential activation of
various illuminated elements for the purpose of producing repetitive
light patterns designed to appear in some form of constant motion.
Environmentally activated: animated signs or
devices motivated by wind, thermal changes or other natural environmental
input; includes spinners, pinwheels, pennant strings, and/or other
devices or displays that respond to naturally external motivation.
Mechanically activated: animated signs characterized
by repetitive motion and/or rotation activated by a mechanical system
powered by electric motors or other mechanically induced means.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any building,
in excess of 35 feet from ground level.
A device incorporating a reflective surface that is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as "satellite earth stations,"
"TVROs" and "satellite microwave antennas."
A dwelling unit within a multiple dwelling. This classification
includes apartments in apartment houses, studio apartments and kitchenette
apartments. Accessory apartments and conversion apartments are not
included in the classification.
An independent dwelling unit incorporated within an existing
single-family detached dwelling without any substantial external modification.
A building occupied by three or more dwelling units.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without substantially altering the exterior
of the building.
A dwelling unit within a multiple-use building. This classification
includes studio apartments and kitchenette apartments. The downstairs
space is utilized for commercial, retail, or professional business
and the second floor and/or third floor is utilized as dwelling space.
A two-story multifamily dwelling containing one-story dwelling
units.
A residential building designed or used for three or more
dwelling units.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development, including, but not limited to, an application for
a building permit for the approval of a subdivision plat or plan or
for the approval of a development plan.
The Mayor in cities; the Board of Commissioners in counties;
the Council in incorporated towns and Boroughs; the Borough Council
if of the first class; and the Borough Council in Boroughs of the
second class; or as may be designated in the law providing for the
form of government.
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not included signs as defined herein. See also "awning"; backlit
awning"; and "canopy, attached and freestanding."
See "building area."
The gross land area of any development parcel, including
only the area contained within the property line and the ultimate
right-of-way line. The area within the right-of-way is computed as
part of the gross land area.
The area contained within the property lines of a lot or
as shown on a subdivision plan, excluding space within any street,
but including the area of any easement.
The net land area of any development parcel includes only
the area contained within the property line and the ultimate right-of-way
line. The area within the right-of-way (public or other thoroughfare)
is not computed as part of the net land area.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[3]
Any premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs, but not including
such major repairs as:
Lubrication of automobiles and replacement or installation
of minor parts and accessories and including major repair work, such
as motor replacement, body and fender repair or spray painting.
The sale or rental of new or used motor vehicles or trailers,
including automotive maintenance and repair.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender, and major engine and engine part
overhaul, which is conducted within a completely enclosed building.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune-ups, and transmission work, which is conducted within a completely
enclosed building.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles by persons other than a service
station attendant. Such an establishment shall be permitted to offer
for sale at retail other convenience items as a clearly secondary
activity and shall be permitted also to include a freestanding automatic
car wash.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities shall
be permitted to include automotive repair and maintenance, car-wash
service, and food sales.
An architectural projection or shelter projecting from and
supported by the exterior wall for a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall or fascia sign."
An awning with a translucent covering material and a source
of illumination contained within its framework.
A freestanding randomly located structure, fence-like in
nature and materials of construction, except that it is not normally
attached to any building, does not particularly follow lot lines,
nor enclose a particular area, but rather screens one segment of one
property from another for the primary purpose of assuring privacy;
a baffle or screen of this nature may also be utilized for the support
of various types of living plant materials such as vines, climbing
roses or espaliered trees and shrubs.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
Commercial establishments for the purpose of loaning and
depositing money. The bank may also engage in other personal and commercial
financial services as allowed by law. The facility may also include
a drive-up window for handling transactions during business hours
and an ATM drive-up or walk-up facility for twenty-four-hour automatic
transactions.
A fence, a wall, a building wall, the wall of an aboveground
swimming pool or a combination thereof, which completely surrounds
the swimming pool and obstructs access to the swimming pool.
Any floor level below the first story in a building, except
that a floor level in a building having only one floor level shall
be classified as a basement unless such floor level qualifies as a
first story as defined herein.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons.
Sleeping accommodations shall be located only
within the dwelling and shall be limited to no more than three rooms
for rent with a total size not to exceed 35%, or 750 square feet,
of the dwelling, whichever is less.
Not more than six adult guests may be accommodated
at any one time. The length of stay per guest shall be limited to
15 days.
Off-street parking shall be provided in accordance
with the parking provisions.
Meals for compensation shall be provided only
to guests of the bed-and-breakfast establishment.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed. (See "off-premises
sign" and "outdoor advertising sign.")
An area of land bounded by streets.
The Zoning Hearing Board of the adopting jurisdiction.
The Zoning Hearing Board as appointed by the governing body
in connection with the Athens Borough Zoning Ordinance.
A dwelling containing a single dwelling unit and not more
than 10 guest rooms or suites of rooms, where lodging is provided
with or without meals, for compensation for more than one week.
See "yard, buffer."
Any structure used or intended for supporting or sheltering
any use or occupancy.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
The International Building Code promulgated by the International
Code Council, as adopted by the jurisdiction.
A building surrounded by open space on the same lot.
The entire side of a building from ground level to the roofline,
as viewed perpendicular to the walls on the side of the building.
The vertical distance above the average existing grade measured
to the highest point of the building. The height of a stepped or terraced
building shall be the maximum height of any segment of the building.
The perimeter of that portion of the building or structure
nearest a property line.
[Amended 3-12-2012 by Ord. No. 647, approved 3-12-2012]
A building in which the principal use of the site is conducted.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
A building in which is conducted the principal use of the
lot on which it is located.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way.
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction of utilities, or other community facilities, or used
temporarily in conjunction with the sale of property within a subdivision
under construction.
An establishment intended for the conduct of service or administration
by a commercial enterprise, or offices for the conduct of professional
or business service.
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, such as cabins, tents, or shelters.
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See
also "marquee."
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a free-standing
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or
freestanding canopy.
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
A story partly underground and having more than one-half
of its clear height below the average level of the adjoining ground.
A cellar shall not be considered in determining the maximum number
of stories.
A radiotelephone system where a transmitter of limited range
is mounted on a tower.
A burial ground. For purposes of the Athens Borough ordinance,
burial of human remains within the limits of the Borough of Athens
is prohibited except for the Tioga Point Cemetery or in a cemetery
in a conservation district subject to the approval of the Zoning Hearing
Board. The Riverside Cemetery is prohibited from accepting any new
burials by prior Borough ordinance.
[Amended 9-28-2009 by Ord. No. 621, approved 9-28-2009]
A facility that is licensed annually by the Pennsylvania
Department of Human Services that has more than 12 children, and the
number of children is based on the square footage of the facility.
A sign with the capability of content change by means of
manual or remote input, including signs which are:
Electrically activated: A changeable sign whose
message copy or content can be changed by means of remote electrically
energized on-off switching combinations of alphabetic or pictographic
components arranged on a display surface. Illumination may be integral
to the components, such as characterized by lamps or other light-emitting
devices; or it may be from an external light source designed to reflect
off the changeable component display. See also "electronic message
sign or center."
Manually activated: A changeable sign whose
message copy or content can be changed manually.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, cathedrals,
temples and similar designations as well as parish houses, convents
and such accessory uses.
Cities of the Second Class A and Third Class.
An area of unobstructed vision at a street intersection(s)
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
A development technique that concentrates building in specific
areas on the site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive features.
A form of development that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots/units permitted under a conventional subdivision/land development
and the resultant land area is devoted to open space.
A sign that is supported partly by a pole and partly by a
building structure.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A community commercial center shall provide for the
sale of general merchandise, and may include a variety store, discount
store or supermarket.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A convenience commercial center shall provide a small
cluster of convenience shops or services.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A neighborhood commercial center shall provide for the
sale of convenience goods and services, with a supermarket as the
principal tenant.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings, and other retail
sales and services, in full depth and variety.
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.
An establishment or business that generally has retail or
wholesale sales, office uses, or services which do not generate noise
or other impacts considered incompatible with less-intense uses. Typical
businesses in this definition are retail stores, catering services
or restaurants.
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 enclosed structure
(with the exception of occasional outdoor "sidewalk" promotions);
and businesses specializing in the sale of either general merchandise
or convenience goods.
The Athens Borough Planning Commission of Bradford County,
Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The declaration of purposes, policies and programs for the
development of the jurisdiction.
The station where once the natural gas is extracted will
be pressurized and filtered prior to being sent to market. The purpose
of this station is to pressurize the natural gas prior to flowing
through a gas pipeline; this process is repeated occasionally along
the pipeline as the natural gas travels through it at intervals typically
ranging between 40 and 100 miles. As the natural gas must be pressurized
before traveling through the pipelines, the compressor station typically
removes any other liquid or particles in the natural gas in order
to filter the gas making it as pure as possible.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
The station where, once the natural gas is extracted and
piped to the compressor station located at the CNG Fueling Gas Station,
it will be pressurized and filtered prior to being dispensed as fuel
to the vehicle. The purpose of this station is to pressurize the natural
gas prior to flowing through a gas pipeline.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A use permitted in a particular zoning district pursuant
to the provisions of this chapter.
A form of property ownership providing for individual ownership
of a specific apartment or other space not necessarily on ground level
together with an undivided interest in the land or other parts of
the structure in common with other owners. A condominium is considered
permissible under the same standards as a townhouse or garden apartment.
Any building or portion thereof that contains facilities
for living, sleeping and sanitation as required by this code, and
may include facilities for eating and cooking for occupancy by other
than a family. A congregate residence shall be permitted to be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does
not include jails, hospitals, nursing homes, hotels or lodging houses.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building structure; includes
the placement of mobile (manufactured) homes.
A use of property for the storing of unhoused equipment and
piping material for use in the natural gas industry which consists
of loading and unloading pipe and equipment for staging and storage
purposes to be reloaded and transported to a gas well site.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A commercial establishment for the sale of commercial energy
sources, food products, videotapes, and convenience items, with food
served on the premises on a limited basis. Sale of alcoholic beverages
is prohibited. The hours of operation shall be from 7:00 a.m. to 11:00
p.m. In order to be opened for 24 hours, it will require Zoning Board
approval.
The change of a single-family residential dwelling into a
two-family or three-family residential dwelling.
When an owner or occupant of real property, residential or
commercial, reduces or expands the number of units in the structure.
APARTMENT CONVERSIONAn existing
dwelling unit that is or was converted to add or reduce an additional
residential unit dwelling for more than one family, without substantially
altering the exterior of the building.
COMMERCIAL CONVERSIONAn existing
commercial business that is converted to add or reduce an additional
dwelling or to add or reduce an additional commercial use, without
substantially altering the exterior of the building.
REDUCTION CONVERSIONWhen the owner
or occupant of real property, residential or commercial, reduces the
number of units in the structure.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
Any county of the Second Class through Eighth Class (definition
amended December 14, 1992, P.L. 815, No. 131).
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
of a building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable, and
which court does not extend to a street, alley, yard or other outer
court.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the lot area covered by all
buildings.
A furnace for cremating; also, an establishment containing
such a furnace.
A residence offering baby-sitting services and child-care
services that has six children or less and is registered biannually
by the Pennsylvania Department of Human Services.
A residence offering baby-sitting services and child-care
services for seven to 11 children unrelated to the resident household
and meeting all applicable licensing and registration requirements
of the Pennsylvania Department of Welfare.
A residence offering baby-sitting services and child-care
services for a relative or neighbor that does not require registration
with the Pennsylvania Department of Human Services.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this Act[4] to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of the county and judicial
district wherein the municipality lies.
A flat-floored roofless area adjoining a dwelling unit.
The number of dwelling units that are allowed on an area
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land.
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center or planned industrial park, which is controlled
by a single owner or landlord.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A portion of the territory of Athens Borough within which
certain regulations and requirements, or various combinations thereof,
apply under the provisions of this chapter.
Any premises, except where accessory to an agricultural use,
where three or more dogs, 10 weeks in age or older, are kept or boarded.
A sign with two faces, back to back.
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade, such as drive-in
restaurants, drive-in theaters and similar uses.
A private access road, the use of which is limited to persons
residing, employed, or otherwise using or visiting the parcel in which
it is located.
A commercial establishment for the professional cleaning
of clothes, including laundromats.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, or other means, and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof, or waste material of any kind. The Borough
is affiliated with the county landfill operated by the Northern Tier
Solid Waste Authority; licensed solid waste haulers transport the
garbage from the Borough to that facility or to the Chemung County
Solid Waste Facility located in an adjoining county in New York State.
Any building, or portion thereof, which is designed for or
used for residential purposes.
Any completed building or structure that was designed to
be built partially or wholly underground; a completed building or
structure which was not intended to serve as a substructure or foundation
for a building.
A group of two or more single-family, two-family, or multifamily
dwellings occupying a lot in one ownership.
Any structure designed primarily for residential occupancy,
which is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities for installation or assembly
and installation on the building site in such manner that all concealed
parts or processes of manufacture cannot be inspected at the site
without disassembly, damage or destruction. This definition includes
dwelling units of single- and double-wide trailers, any housing unit
or mobile unit with a title, any unit that contains a chassis with
or without wheels and modular homes.
A transportable, single-family detached dwelling intended
for permanent occupancy, constructed in a minimum of two pieces combined
to be assembled on a permanent foundation as one unit; this definition
expressly excludes dwelling units of single- and double-wide trailers,
excludes any housing or mobile unit with a title. The units must meet
or exceed the standards in the International Residential Code and
the Pennsylvania Uniform Construction Code in effect at the time of
installation.
[Added 3-12-2012 by Ord. No. 647, approved 3-12-2012]
A transportable, single-family detached dwelling intended
for permanent occupancy, contained in one unit, which arrives at site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations and constructed so that it may be used without
a permanent foundation. The unit is capable of being removed for repeated
towing and relocation. For Federal Emergency Management Agency (FEMA)
floodplain management purposes, this definition includes park trailers,
travel trailers and other similar vehicles located on site for greater
than 180 consecutive days. This definition includes any unit with
a title. This definition excludes double-wide trailers and modular
homes.
A transportable, single-family detached dwelling intended
for permanent occupancy, constructed as two units designed to be joined
into one integral unit capable of again being separated for repeated
towing and relocation, which arrives at the site complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations and constructed so that it may be used without a permanent
foundation. For Federal Emergency Management Agency (FEMA) floodplain
management purposes, this definition includes park trailers, travel
trailers and other similar vehicles located on site for greater than
180 consecutive days. This definition excludes modular homes, single-wide
trailers, and includes units that may have titles.
A transportable, single-family detached dwelling intended
for permanent occupancy, constructed as two units designed to be joined
into one integral unit capable of again being separated for repeated
towing and relocation, which arrives at the site complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations and constructed so that it may be used without a permanent
foundation. For Federal Emergency Management Agency (FEMA) floodplain
management purposes, this definition includes park trailers, travel
trailers and other similar vehicles located on site for greater than
180 consecutive days. This definition excludes modular homes, single-wide
trailers, and includes units that may have titles. After this double-wide
trailer is located on a permanent foundation and is not capable of
repeated towing and relocation, it shall be considered a permanent
structure for purposes of this Zoning Ordinance. This definition shall
also apply to any double-wide trailer installed in the Business District
on a permanent foundation and utilized for business or residential
purposes.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, flats, row houses, garden apartments,
townhouses and condominiums.
A building or portion thereof designed for occupancy by three
or more families living independently, in which they may or may not
share common entrances and/or other spaces. Individual dwelling units
may be owned as condominiums, or offered for rent.
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities used or intended to be used by one
or more persons living together and maintaining a common household,
and accessible from the outdoors, either directly or through an entrance
hall shared with other dwelling units.
A single-family detached dwelling with the building positioned
on a lot in such a manner that one or more of the building's sides
rest directly on a lot line.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
Any form or restaurant and/or tavern open to the public,
dispensing food or drink for monetary consideration.
A college or university giving general academic instruction,
as prescribed by the Commonwealth of Pennsylvania; included within
this term are areas or structures used for administration, housing
of students or faculty, a dining hall, and social or athletic activities,
when located on the institution's land that is not detached from that
portion of the campus where classroom facilities are maintained by
more than street and/or other property owned by the institution.
Any sign activated or illuminated by means of electrical
energy.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public.
Electric public utilities transmission and distribution facilities,
including substations.
An electrically activated changeable sign whose variable
message capability can be electronically programmed.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any activity conducted for gain, which is generally related
to the entertainment field, such as miniature golf, arcades, billiards,
and related uses.
Any activity conducted for gain, which is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller skating rinks, golf driving ranges, commercial swimming
pools, carnivals, and related uses.
Any sign placed outside a building.
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
See "wall or fascia sign."
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that five or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, does not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by the Federal Fair Housing law, provided such facilities
are licensed and permitted under the authority of the Department of
Welfare of the Commonwealth of Pennsylvania or other state department
or agency. In determining the functional equivalent of a traditional
family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single
housekeeping unit.
The group shares expenses for food, rent, utilities
or other household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for four to eight residents,
plus such minimum supervisory personnel as may be required to meet
standards of the licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
or physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A family care facility must be licensed and/or approved by the Pennsylvania
Department of Human Services and may include uses such as foster homes,
community residential alternative facilities, or home individual programs.
A residence offering baby-sitting services and child-care
services that have six children or less and are registered biannually
by the Pennsylvania Department of Human Services.
The private home of an individual where residential care
is provided for individuals who are mentally retarded and who are
not related to the homeowner and which is licensed by the Pennsylvania
Department of Human Services.
An area of land not less than one acre in size and used for
agricultural purposes, as defined in "agriculture."
Animals other than household pets that shall be permitted
to, where permitted, be kept and maintained for commercial production
and sale and/or family food production, education or recreation. Farm
animals are identified by these categories: large animals, e.g., horses
and cattle; medium animals, e.g., sheep and goats; or small animals,
e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks
and pigeons.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided, or to define and mark the property
line, when such structure is erected on or within two feet of any
front, side or rear lot line; for the purpose of this chapter, a freestanding
masonry wall, when so located, is considered to be a fence; also for
the purpose of this chapter, when the term "lot line" is used in relation
to fences, it shall be synonymous with "rear yard lot lines," "side
yard lot lines" and "front yard lot lines."
The distance measured from the existing grade to the top
of the fence.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a fill.
See "animated sign, electrically activated."
A temporary inundation of normally dry land areas.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
That portion of the floodplain outside the floodway.
Any combination of structural and nonstructural additions,
changes, or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the 100-year magnitude without increasing the water surface elevation
more than one foot at any point.
The sum of the horizontal areas of floors of a building measured
from the exterior face of exterior walls or, if appropriate, from
the center line of dividing walls; this includes courts and decks
or porches when covered by a roof.
The gross floor area, exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
Support for building; a part of a building usually below
ground that transfers and distributes the weight of the building onto
the ground which may consist of pillars, concrete slab, concrete basement,
concrete block, foam blocks or another material that complies with
and is installed according to the Building Code (to the frost line).
A sign principally supported by a structure affixed to the
ground, and not supported by a building, including signs supported
by one or more columns, poles or braces placed in or upon the ground.
For visual reference, see Section 1003.[5]
The width of a lot or parcel abutting a public right-of-way
measured at the front property line.
The length of an exterior building wall or structure of a
single premises orientated to the public way or other properties that
it faces.
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
A building or a portion of a building not more than 1,000
square feet (92.9 m2) in area, in which
only private or pleasure-type motor vehicles used by the tenants of
the building or buildings on the premises are stored or kept.
Any structure, other than a private garage, which is used
for storage, repair, rental, servicing or supplying of gasoline or
oil to motor vehicles for compensation.
A garage, other than a private garage, where motor-driven
vehicles are stored, equipped for operation, repaired or kept for
remuneration, hire or sale.
A temporary accessory use on a residential lot that includes
the display of personal possessions within a garage, porch or front
yard, and those of friends, relatives and neighbors, for sale to the
general public upon the property of one’s residence.
[Added 11-12-2013 by Ord. No. 662, approved 11-12-2013]
One four-foot-square (four feet by four feet) sign or smaller
in size shall be allowed on the property, no sooner than seven days
prior to the sale, and removed promptly upon the completion of the
sale.
The conduct of garage or yard sales beyond the extent described
herein represents a commercial or retail business and requires appropriate
compliance with those specific standards found within the current
Zoning Ordinance.
In no case shall any aspect of the garage or yard sale be conducted
in the street right-of-way.
Garage and yard sales shall operate between the hours of 8:00
a.m. and 6:00 p.m.
The property owner shall obtain a temporary use permit from
the Borough for garage and yard sales in order that the temporary
use does not exceed the three-day limit and twice per year. The cost
of the permit will be established by resolution of the Borough Council.
There shall be no sale of retail property purchased solely for
resale by the property owners/tenants and not for the property owners'/tenants'
personal use.
After the sale period has expired, the personal property in
the sale must be removed from the outside of the premises, including
the yard, driveway, and open porches, and stored inside an enclosed
porch, the dwelling, inside the garage, and/or inside sheds unless
the personal property is utilized for a specific purpose on the outside
of the premises.
Plastic tarps and open-walled structures are not considered
sheds and will not be allowed for the storage of the personal property
after the three-day sale period has expired.
The property owner shall only be allowed a total of two sales
per year, whether they are advertised as a garage sale, a yard sale,
or a combination garage and yard sale.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof, and
all other articles and materials ordinarily used for food, for humans
or domestic animals, and which have become unfit for such use or which
are discarded for any reason.
Three or more dwelling units accommodating three or more
families which are located one over the other and which, when more
than three units are utilized, are attached side-by-side through the
use of common party walls, and which shall have side yards adjacent
to each first story end unit. Single-family dwelling units are generally
built to a height of three stories, but may conceivably be built to
a height of two stories. Each dwelling unit is accessible by a common
stairwell.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes, or which serves as a shelter
primarily for human beings, except a permitted garage, porch or carport,
which is located in any side or rear yard not closer than four feet
to any side or rear lot line; included in this category of structures,
but not limited to, are arbors, aviaries, gazebos, pergolas, trellises,
barbecue shelters, bath houses, private greenhouses and freestanding
screens or baffles and similar structures however called. No such
structure may be located in any required front yard between the building
setback line and the street line. Such structures may be solidly roofed
and walled or open to the sky and on the sides, but if solidly roofed
or solidly walled on more than two sides, they must be located within
the building line of the lot and may not invade any required yard.
Unscreened, unroofed, unwalled or unfenced patios, birdbaths, ornamental
pools and swimming pools are not considered as garden structures.
Permitted structures may be attached to or be detached from a dwelling.
All natural gas and all other volatile hydrocarbons not herein
defined as oil, including condensate because it originally was in
a gaseous phase in the reservoir.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
The council in cities, Boroughs and incorporated towns; the
Board of Commissioners in Boroughs of the First Class; the Borough
Council in Boroughs of the Second Class; the Board of Commissioners
in counties of the Second Class through Eighth Class or as may be
designated in the law providing for the form of government (definition
amended December 14, 1992, P.L. 815, No. 131).
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five feet
(1,524 mm) from the building.
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for personal enjoyment.
The floor of a building nearest the mean grade of the front
of the building.
See "freestanding sign."
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimal level of
supervision but do not require medical or nursing care or general
supervision. A group care facility must be licensed and/or approved
by the Pennsylvania Department of Human Services.
A residence offering baby-sitting services and child-care
services for seven to 11 children unrelated to the resident household
and meeting all applicable licensing and registration requirements
of the Pennsylvania Department of Welfare.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space.
A residence for inmates on release from more restrictive
custodial confinement or 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. Such facility must be leased and operated by
the Pennsylvania Department of Corrections for such services.
Any garbage, refuse, sludge from an industrial
or other wastewater treatment plant, sludge from a water supply treatment
plant, or air pollution control facility and other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations, and from community activities, or any combination
of the above, which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
The term "hazardous waste" shall not include
coal refuse as defined in the act of September 24, 1968 (P.L. 1040,
No. 318), known as the "Coal Refuse Disposal Control Act."[6] "Hazardous waste" shall not include treatment sludge from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known
as "The Clean Streams Law,"[7] solid or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under § 402 of
the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342),
or source, special nuclear, or by-product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through
2394).
An administrative proceeding conducted by a board pursuant
to 53 P.S. § 10909.1.
See "building height."
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, or pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling of inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
The partial use of a dwelling unit for commercial or nonresidential
uses by a resident thereof, which is subordinate and incidental to
the use of the dwelling for residential purposes.
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for inpatients, and including, as related facilities, laboratories,
outpatient departments, training facilities and staff offices.
A building designed or used primarily as a temporary abiding
place in which lodging is provided for compensation, with or without
meals, containing 10 or more guest rooms and having an outside entrance
in common.
Dogs, cats, rabbits, birds, etc., for family use only (noncommercial)
with cages, pens, etc.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
See "coverage."
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved device in which combustible material, other than
garbage, is burned to ashes.
Any establishment which provides recreation, amusement or
entertainment for the general public within a completely enclosed
structure for a fee or admission charge, including, but not limited
to, billiard and pool halls, video and other coin-operated game arcades.
Any establishment which provides recreation, amusement or
entertainment for the general public within a completely enclosed
structure for a fee or admission charge, including, but not limited
to, theaters, dance halls, bowling alleys, and spas or health clubs
where the principal use includes a gymnasium, exercise room, swimming
pool or other sports facility.
Modular homes permanently installed on real property, built
in accordance with Pennsylvania established building codes and not
designed to be transported after installation. This definition expressly
excludes dwelling units of single- and double-wide trailers, excludes
any housing or mobile unit with a title and also excludes any unit
that contains a chassis with or without wheels. This definition shall
also apply to any modular home installed in the Business District
and utilized for business or residential purposes.
[Amended 9-28-2009 by Ord. No. 621, approved 9-28-2009]
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses, and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to ensure a harmonious
integration into the neighborhood.
The manufacturing, compounding, processing, assembly or treatment
of materials, articles, or merchandise. Light and heavy industry shall
be defined as they are used in the industry.
A building or grounds, all or a portion of which is used
by persons who occupy the buildings for a common purpose, including,
but not limited to, hospitals, convents, school dormitories, college
campuses, nursing homes; the education, administrative and/or recreational
facilities of such organizations as the YMCA, YWCA, Boy Scouts, Girl
Scouts, and Boys Clubs; not to include penal institutions and similar
facilities.
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
Any discarded materials, machinery, scrap metals, articles
or objects possessing value in part, gross, or aggregate, and including,
but not limited to, inoperable vehicles and parts thereof, including
motors, bodies of motor vehicles and vehicles which are inoperable.
Junk includes vehicles, tires, vehicle parts, equipment, paper, rags,
metal, glass, building materials, household appliances, brush, wood
and lumber.
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, including auto wrecking yards, house wrecking yards, used
lumber yards and places or yards for use of salvaged house wrecking
and structural steel materials and equipment, but excluding such uses
when conducted entirely within a completely enclosed building, and
excluding pawnshops and establishments for the sale, purchase or storage
of used cars in operable condition, salvaged machinery, used furniture
and household equipment and the processing of used, discarded or salvaged
materials as part of manufacturing operations.
As used in this code, "jurisdiction" is any political subdivision
that adopts this code for administrative regulations within its sphere
of authority.
A state-licensed facility for the housing of animals of all
species and varieties for nonprofit and profit.
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Provisions for the exclusion of certain land
development only when such land development involves:
The conversion of an existing single-family
detached dwelling or single-family semi-detached dwelling into not
more than three residential units, unless such units are intended
to be a condominium; or
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and high-level
screen.
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as
grass, trees, shrubs and flowers. This treatment shall be permitted
also to include the use of logs, rocks, fountains, water features
and contouring of the earth.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, including laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
The political entity of the adopting jurisdiction.
A place in which literary, musical, artistic, or reference
materials (such as books, manuscripts, recordings, or films) are kept
for use but not for sale.
Diffused: that form of lighting wherein the
light passes from the source through a translucent cover or shade.
Direct or flood: that form of lighting wherein
the source is visible and the light is distributed directly from it
to the object to be illuminated.
Indirect: that form of lighting wherein the
light source is entirely hidden, the light being projected to a suitable
reflector from which it is reflected to the object to be illuminated.
A workshop where machines and/or electrical motors and appliances
are built, repaired, or assembled.
Includes, but is not limited to, horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules and any other hoofed
animals.
An off-street area on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on a street or other appropriate means of access.
A single parcel of land.
A lot abutting on and at the intersection of two or more
streets, or upon two parts of the same street, where, in either case,
the interior angle formed by intersection of the street lines does
not exceed 135°.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
A lot other than a corner lot or through lot.
The lines bounding a lot as defined herein.
The minimum lot width at the building setback line.
See "nonconforming lot."
Any lot which individually or as part of a subdivision has
been recorded in the office of the Recorder of Deeds of Bradford County,
Pennsylvania.
A lot extending between, and having frontage on, an arterial
street and a minor street, and with vehicular access solely from the
latter.
The width of a lot at the front building line, measured at
right angles to its depth.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An inclined decorative roof-like projection that is attached
to an exterior building facade.
See "dwelling, manufactured housing."
The processing and/or converting of raw unfinished or finished
materials or products, or of any combination, into an article or substance
of a different character, or for use for a different purpose; industries
furnishing labor in the case of manufacturing or the refinishing of
manufactured articles.
All other types of manufacturing not included in the definitions
of "light manufacturing" and "medium manufacturing."
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted
entirely within an enclosed structure, with no outside storage, serviced
by a modest volume of trucks or vans and imposing a negligible impact
on the surrounding environment by noise, vibration, smoke, dust or
pollutants.
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment within an enclosed structure or an
open yard that is capable of being screened from neighboring properties,
serviced by a modest volume of trucks or other vehicles.
See "canopy (attached)."
See "canopy sign."
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health care practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
A freestanding sign orientated to the drive-through lane
for a restaurant that advertises the menu items available from the
drive-through window, and which has no more than 20% of the total
area for such a sign utilized for business identification.
A facility designed for the production of minerals to be
used in the construction industry, including but not limited to concrete,
blacktop, asphalt, and amecite. (Said mineral and batching plant shall
not be constructed within 1,000 feet of a residential structure).
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
The definitions provided for "minerals" and "mineral batching
and mixing plant" are consistent with the intended addition of uses
related to asphalt plants. However, the proposed amendment does not
outline any general provisions for this use:
Minimum lot size shall be five acres.
If materials are to be stored they shall be screened sufficiently
from adjacent properties and the public right-of-way. Such screening
shall be comprised of an earthen berm at least 10 feet in height.
Such berm shall be located on the subject property and placed so as
to maximize the berm's ability to absorb and/or block views of, and
the noise, dust, smoke, etc., generated by, the proposed use. The
berm shall be completely covered and maintained in an approved vegetative
ground cover. Along any adjoining property line and road shall be
located a ten-foot-wide landscape screen.
No such facility shall be closer than 1,000 feet from any residential
dwelling or water well not on the plant property.
All mineral batching and mixing plants shall have an effective
dust collection system approved by the Borough.
The Borough may require the use of wheel washers or other means
of cleaning trucks/vehicles before entering public streets.
The Borough may require a bond to be posted of sufficient amount
to cover the cost of maintenance, repair, and reconstruction of any
Borough streets over which vehicles may travel to and from the approved
site. The bond may be reviewed periodically to determine whether the
amount is sufficient to cover any maintenance or repair cost.
The Borough may impose restrictions on access to the facility,
storage of vehicles or materials on the premises, hours of operation
and other such matters as they deem necessary to insure that there
is no adverse impact upon the function of the district or adjacent
parcels.
Any aggregate or mass of mineral matter, whether or not coherent,
that is extracted by surface mining. The term includes, but is not
limited to, limestone and dolomite, sand and gravel, rock and stone,
earth, fill, slag, iron ore, zinc ore, vermiculite and clay; but it
does not include anthracite or bituminous coal or coal refuse, except
as provided in § 4 of the Noncoal Surface Mining Conservation
and Reclamation Act, 1984, P.L. 1093, No. 219, as amended,[9] or peat.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one use.
See "dwelling, single-wide trailer."
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 have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
Homes installed under this definition that are not on a permanent
foundation or a slab that utilize pillars must install skirting that
is solid, durable, and all-encasing and shall be done in conformance
with the recommended skirting standards in the IRC (International
Residential Code) Section AE503.1, which requires skirting and permanent
enclosures shall be installed in open spaces surrounding the base
of a modular home. Skirting, when installed, shall be of material
suitable for exterior exposure and contact with the ground. Permanent
perimeter enclosures shall be constructed of materials as required
by this code for regular foundation construction. Skirting shall be
installed in accordance with the skirting manufacturer’s installation
instructions. Skirting shall be adequately secured to assure stability,
to minimize vibration and susceptibility to wind damage, and to compensate
for frost heave and shall be installed prior to the issuance of an
occupancy permit.
[Added 3-12-2012 by Ord. No. 647, approved 3-12-2012]
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.
Any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
One or more buildings for the accommodation of transient
guests, chiefly motorists, containing guest rooms for rent, each of
which has a separate outside entrance.
A sign containing three or more faces.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[10]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Any city of the Second Class A or Third Class, Borough, incorporated
town, Borough of the First or Second Class, county of the Second Class
through Eighth Class, home rule municipality, or any similar general
purpose unit of government which shall hereafter be created by the
General Assembly (definition amended December 14, 1992, P.L. 815,
No. 131).
This term includes garbage, refuse, industrial lunchroom
or office waste and other material, including solid, liquid, semisolid
or contained gaseous material resulting from operation of residential,
municipal, commercial or institutional establishments and from community
activities, and sludge not meeting the definition of residual or hazardous
waste from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
An institution devoted to the procurement, care, study, and
display of objects of lasting interest or value; also, a place where
objects are exhibited.
A processing plant engaged in the forced extraction of natural
gas liquids from field gas, fractionation of mixed natural gas including
extraction of CO2 and/or acid gas.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A small scale facility that processes and liquefies natural
gas, cooled to -260° F., and stored on-site within LNG storage
tanks. The facility includes compressors, condensers, cold boxes,
control room and dispensing unit for transfer onto LNG Class 8 trucks
for fuel transport. The minimum size for this facility should be two
to five acres, to provide for a disturbed area that includes access
road, pad, equipment, and truck circulation area.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, or pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling of inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
A lot whose width, area or other dimension did not conform
to the regulations when this code became effective.
A sign or sign structure or portion thereof lawfully existing
at the time this code became effective, which does not now conform.
A building or structure or portion thereof lawfully existing
at the time this code became effective, which was designed, erected
or structurally altered for a use that does not conform to the zoning
regulations of the zone in which it is located.
See "use, nonconforming."
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A proprietary facility, licensed by the state, for the accommodation
of convalescents, or chronically ill persons, in which such nursing
care and medical services are prescribed by or are performed under
the general direction of persons licensed to provide such care or
services in accordance with state laws.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or which
is placed where the flow of the water might carry the same downstream
to the damage of life and property.
A building designed or used primarily for office purposes,
no part of which is used for manufacturing.
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of the property on which
it is displayed.
See "professional offices."
Crude petroleum oil and all other hydrocarbons, regardless
of gravity, produced at a will in liquid form by ordinary production
methods, but does not include liquid hydrocarbons that were originally
in a gaseous phase in the reservoir. (58 P.S. § 402)
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
Includes the following:
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Water and other fluid storage or mobile only impoundment areas
used exclusively for oil and gas operations;
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsection A, B and C to the extent that:
The equipment is necessarily located at or immediately adjacent
to a well site or mobile only, impoundment area, oil and gas pipeline,
natural gas compressor station or natural gas processing plant; and
The activities are authorized and permitted under the authority
of a Federal or Commonwealth agency.
|
(58 Pa.C.S.A. § 3301)
|
A potable supply of water used for the consumption by a single-family
user from a private well.
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios, and recreational areas and facilities.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any owner of the right to develop, operate, and produce oil
and gas from the pool. In the event that there is no oil and gas lease
in existence, the owner of the oil and gas rights shall be considered
as "operator" to the extent of 7/8 of the oil and gas in that portion
of the pool underlying the tract owned by such owner, and a royalty
owner as to a 1/8 interest in such oil and gas. In the event that
the oil is owned separately from the gas, the owner of the substance
being produced or sought to be produced from the pool shall be considered
as "operator" as to such pool. (58 P.S. § 402)
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
The extension of a building facade above the line of the
structural roof.
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational uses.
A parking lot or garage used for parking of automobiles,
available to the public and which is not an accessory use.
An open area, other than a street, used for the parking of
automobiles.
A space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for
the parking of an automobile.
A common shared wall between two separate structures, buildings,
or dwelling units.
A recreational area usually, but not limited to, being roofless,
adjoining a dwelling unit.
When required herein, that amount of land required for the
location of adequate parking spaces, driveways, or other access roads.
In the computation of a paved area, the actual building area shall
be excluded.
A natural person, heirs, executors, administrators or assigns,
and includes a firm, partnership or corporation, its or their successors
or assigns, or the agent of any of the aforesaid.
A building in which food, shelter and personal assistance
or supervision are provided for a period exceeding 48 consecutive
hours for more than three adults who are not relatives of the operator
and who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self-administration. Residents
shall consist primarily of elderly persons, 55 years of age or older.
Any enterprise conducted for gain, which primarily offers
services to the general public, such as shoe repair, valet service,
watch repair, barbershops, beauty parlors and related activities.
All parts of those physical facilities running through which
gas, oil, hydrocarbons, hazardous liquids, fresh water, salt water
or chemicals move in transportation, including, but not limited to,
pipes, valves, and other appurtenance attached to pipe, whether or
not laid in a public or private easement or public or private right-of-way
within the Borough, including, but not limited to, gathering lines,
production lines or transmission lines. This definition does not include
pipelines associated with franchise utilities.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
A residential or commercial development guided by a total
design plan in which one or more of the zoning or subdivision regulations,
other than use regulations, shall be permitted to be waived or varied
to allow flexibility and creativity in site and building design and
location, in accordance with general guidelines.
A planning commission, planning department, or a planning
committee of the governing body.
The Planning Commission of Athens Borough, Bradford County,
Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
A plot of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be
erected, the location of the lot in relation to abutting streets,
and other such information.
See "freestanding sign."
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
Any sign not permanently attached to the ground or to a building
or building surface.
ABOVEGROUND/ON-GROUND POOLSee "swimming
pool (private)."
HOT TUBSee "swimming pool (private)."
IN-GROUND POOLSee "swimming pools
(private)."
A pool cover that is placed over the water area, and is opened
and closed with a motorized mechanism activated by a control switch.
Any lot, parcel, or tract of land and any building constructed
thereon.
Not publicly owned, operated, or controlled.
A legally established right-of-way, other than a public street,
which provides the primary vehicular and/or pedestrian access to a
lot.
The practice of a profession by any professional, including,
but not limited to, attorney, physician, surgeon, osteopath, chiropractor,
dentist, optician, optometrist, chiropodist, engineer, surveyor, architect,
landscape architect, planner or similar type, entitled to practice
under the laws of the Commonwealth of Pennsylvania.
The use of offices and related spaces for such professional
services including, but not limited to, attorney, physician, surgeon,
osteopath, chiropractor, dentist, optician, optometrist, chiropodist,
engineer, surveyor, architect, landscape architect, planner or similar
type, entitled to practice under the laws of the Commonwealth of Pennsylvania.
A sign, other than a wall sign, that is attached to or projects
more than 18 inches (457 mm) from a building face or wall or from
a structure whose primary purpose is other than the support of a sign.
For visual reference, see Section 1003.
[12]Owned, operated or controlled by a government agency (federal,
state or local, including a corporation and/or board created by law
for the performance of certain specialized governmental functions).
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment
prior to taking action.
Any drainage ditch, storm sewer or drainage facility, sanitary
sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, lot improvement, or other facility
for which the local government may ultimately assume the responsibility
for maintenance and operation, or for which the local government responsibility
is established.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[13]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Uses operated by a unit of government to serve public needs,
such as police (with or without jail), fire service, ambulance, judicial
court or government offices, but not including public utility stations
or maintenance facilities.
Any sanitary sewer collection and treatment system, whether
publicly or privately owned, approved by the Pennsylvania Department
of Environmental Resources.
Public and semi-public uses of a welfare and educational
nature, including, but not limited to, hospitals, schools, parks,
churches, cemeteries, day-care centers, historical restorations, fire
stations, municipal buildings, essential public utilities which require
enclosure within a building, airports, fraternal clubs and homes,
nonprofit recreational facilities, easements for alleys, streets,
and public utility rights-of-way, and radio and television transmission
facilities.
Public schools, parks and administrative, cultural and service
buildings, but not including public land or buildings devoted primarily
or solely to the storage and maintenance of equipment and material.
A structure or facility used by a public or quasi-public
utility agency to store, distribute, and generate electricity, gas,
telecommunications, and related equipment, or to pump or chemically
treat water. This does not include storage or treatment of sewage,
solid waste or hazardous waste.
A potable supply of water subject to the jurisdiction of
either the Pennsylvania Public Utility Commission or other appropriate
regulating agency.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
Essentially a public use, although under private ownership
or control.
A majority of the authorized members of a board or commission.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
Group recreation facilities other than commercial, or public
recreation uses, not operated for profit and open only to its members.
Recreational facilities publicly owned and operated and open
to the general public.
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which has its own
motor power or is mounted or drawn by another vehicle; having a body
width of no more than eight feet and a body length of no more than
40 feet when factory-equipped for the road, and licensed as such by
the Commonwealth to include, but not limited to, truck campers and
self-propelled motor homes.
An establishment providing completely enclosed recreation
activities. Accessory uses shall be permitted to include the preparation
and serving of food and/or the sale of equipment related to the enclosed
uses. Included in this definition shall be bowling, roller skating
or ice skating, billiards, pool, motion-picture theaters, and related
amusements.
An area free of buildings except for rest rooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions
and similar structures used primarily for recreational activities.
Reusable material including, but not limited to, clear glass,
colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, plastics and other materials designated
as recyclable under the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act.[14]
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or as a supplement to virgin raw materials. This term does not
include such facilities as transfer stations, municipal waste landfills,
composting facilities, resource recovery facilities, or junkyards.
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, scrap metals, paper, rags,
tires and bottles, and other such materials.
All combustible refuse and incombustible refuse, referred
to collectively.
COMBUSTIBLE REFUSEAll paper, straw,
excelsior, packaging materials, rags, rubber, shoes and such other
refuse as may result from ordinary housekeeping and commercial pursuits
and which may be burned by fire.
INCOMBUSTIBLE REFUSEAll discarded
articles or materials other than sewage, liquid waste, garbage and
combustible refuse.
An architect or engineer registered or licensed to practice
professional architecture or engineering as defined by statutory requirements
of the professional registration laws of the state in which the project
is to be constructed.
An establishment whose primary purpose is the rehabilitation
of persons. Such services include drug and alcohol rehabilitation,
assistance to emotionally and mentally disturbed persons, and halfway
houses for prison parolees and juveniles.
A use or building owned or maintained by organized religious
organizations or nonprofit associations for social, civic or philanthropic
purposes, or the purpose for which persons regularly assemble for
worship.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, and wind energy and hydroelectric energy,
excluding those sources of energy used in the fission and fusion processes.
Interior or exterior remodeling of a structure, other than
ordinary repair.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
by the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at the cost of reproduction.
An establishment that sells prepared food for consumption.
Restaurants shall be classified as follows:
RESTAURANT, FAST FOODAn establishment
that sells food already prepared for consumption, packaged in paper,
Styrofoam or similar materials, and may include drive-in or drive-up
facilities for ordering.
RESTAURANT, GENERALAn establishment
that sells food for consumption on or off the premises.
RESTAURANT, TAKE-OUTAn establishment
that sells food only for consumption off the premises.
A place of business engaged in selling goods and merchandise
to the general public for personal or household use and rendering
services incidental to the sale of such goods.
A sign that revolves 360° (6.28 rad) about an axis. See
also "animated sign, mechanically activated."
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses; generally, the right of one to pass over the property
of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered roof signs. For
a visual reference, and a comparison of differences between roof and
fascia signs, see Section 1003.
[15]See "boardinghouse."
A residential dwelling utilized as a temporary protective
shelter by battered and abused persons.
See "antenna, satellite dish."
Any place of instruction in any branch of knowledge, approved
and credited by the Pennsylvania Department of Education.
A school establishment to provide for the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to
schools that are owned and operated privately for profit and that
do not offer complete educational curriculum (e.g., a beauty school
or modeling school).
See "center-based day-care facility."
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
Churches, Sunday schools, parochial schools, colleges, and
other institutions of an educational, charitable, religious or philanthropic
nature.
The minimum required distance between the property line and
the building line.
A retail commercial area designed as a unit, with adequate
off-street free parking area, and usually consisting of several buildings.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic presentation
of alphabetical or pictorial symbols or representations. Noncommercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprises the
sign face. The area of any double-sided or "V" shaped sign shall be
the area of the largest single face only. The area of a sphere shall
be computed as the area of a circle. The area of all other multiple-sided
signs shall be computed as 50% of the sum of the area of all faces
of the sign.
Temporary, on- or off-premises signs, generally made of a
woven material or durable synthetic materials primarily attached to
or hung from light poles or on buildings. These signs are solely of
a decorative, festive and/or informative nature announcing activities,
promotions or events with seasonal or traditional themes having broad
community interest, and which are sponsored or supported by a jurisdiction-based
nonprofit organization.
Those letters, numerals, figures, symbols, logos and graphic
elements compromising the content or message of a sign, exclusive
of numerals identifying a street address only.
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
In the case of panel- or cabinet-type signs,
the sign face shall include the entire area of the sign panel, cabinet
or face substrate upon which the sign copy is displayed or illustrated,
but not open space between separate panels or cabinets.
In the case of sign structures with routed areas
of sign copy, the sign face shall include the entire area of the surface
that is routed, except where interrupted by a reveal, border, or a
contrasting surface or color.
In the case of signs painted on a building,
or individual letters or graphic elements affixed to a building or
structure, the sign face shall comprise the sum of the geometric figures
or combination of regular geometric figures drawn closest to the edge
of the letters or separate graphic elements compromising the sign
copy, but not the open space between separate groupings of sign copy
on the same building or structure.
In the case of sign copy enclosed within a painted
or illuminated border, or displayed on a background contrasting in
color with the color of the building or structure, the sign face shall
comprise the area within the contrasting background, or within the
painted or illuminated border.
Any structure supporting a sign.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any adjoining property.
The area between the ground level and the structure's siding.
For purposes of the Zoning Ordinance, the skirting shall be concrete,
concrete block, masonry, log facade, masonry facade, horizontal siding,
or vertical siding if consistent with the majority of the structure's
siding; temporary trailer skirting shall be prohibited.
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as accurately depicting the use, location, and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-way, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances, as they may apply.
A plan that outlines the use and development of any tract
of land.
A small scale, privately owned energy facility, generating
less than 20 megawatts, with equipment consisting of gas-fired generators,
gas service lines, gas mains and overhead electric lines connecting
to the local power grid for the purpose of generating, transmitting,
delivering or furnishing energy for the commercial production of power.
The minimum size for this facility should be five to 10 acres, to
provide for a disturbed area that includes access road, pad, equipment,
and truck circulation area.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including solar.
A use permitted in a particular zoning district pursuant
to the provisions of subdivision, land development and zoning. The
board may grant a special exception pursuant to express standards
and criteria established in this chapter. Requests for such special
exception shall be decided by the Board after a hearing to determine
compliance with said standards and criteria and after review by the
Planning Commission.
Identical to a special exception.
A structure intended for lease for the sole purpose of storing
household goods, motor vehicles, or recreational equipment.
A vehicular, portable structure built on a chassis, designed
to be used for storage and transportation of goods. This definition
shall apply to all such trailers with dimensions in excess of six
feet in width and 19 feet in length.
That portion of building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused underfloor space is more than six feet (1,829 mm) above grade
as defined herein for more than 50% of the total perimeter or is more
than 12 feet (3,658 mm) above grade as defined herein at any point,
such usable or unused underfloor space shall be considered as a story.
A story under a gabled, hipped, or gambreled roof, the wall
plates of which at least two opposite exterior walls are not over
three feet above the finished floor of such story.
Any thoroughfare or public way not less than 16 feet (4,877
mm) in width, which has been dedicated.
The center of the surveyed street right-of-way; or where
not surveyed, the center of the traveled cartway.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The right-of-way line of a public street or the cartway line
of a private street.
ARTERIAL STREETA major street or
highway with fast or heavy traffic of considerable continuity and
used primarily as a traffic artery for intercommunications among large
areas.
COLLECTOR STREETA major street
or highway which carries traffic from minor streets to arterial streets,
including the principal entrance streets of a residential development
and streets for circulation within such a development.
A minor street which is parallel and adjacent to a limited-access
highway or arterial street, which provides access to abutting properties
and protection from through traffic; also known as a "service road."
A street used primarily for access to abutting properties.
A right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means
of access to two or more sites.
The shortest distance between street lines measured at right
angles to the center line of the street.
Any change in the structural members of a building, such
as load-bearing walls, columns, beams or girders.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner.
See "nonconforming structure."
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
A building or portion of a building used as a place of work
by an artist, photographer, or artisan, or used for radio or television
broadcasting.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school," and other similar expressions.
The division of a tract, lot or parcel of land into two or
more lots, plats, sites or other divisions of land.
For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration to a structure
listed on the National Register of Historic Places or the State Inventory
of Historic Places.
Where, in the judgment of the municipal engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to 53 P.S. § 10509) of those
improvements required as a condition for final approval have been
completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing and which is available only to the family and
guests of the householder. This includes in-ground, aboveground, and
on-ground swimming pools, hot tubs and spas.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing and which is available in a public facility and/or
open to the general public. This includes in-ground, aboveground,
and on-ground swimming pools, hot tubs and spas.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone and radio messages
between subscribers, provided that in a residential district, such
building shall conform to the architectural design of the neighborhood
and shall not include public access or business facilities, storage
of materials, trucks or repair facilities or the housing of repair
crews.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, is considered a temporary sign.
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
A rooming house primarily for transient guests.
A residential building consisting of two to eight dwelling
units, which are attached side by side through use of common party
walls and which have side yards adjacent to each first story end unit
not to exceed three stories.
TRAVEL TRAILERA vehicular, portable
structure built on a chassis, designed to be used as a temporary dwelling
for travel, recreational and vacation uses, permanently identified
as travel trailer by the manufacturer of the trailer and, when factory-equipped
for the road, having a body width not exceeding eight feet; being
of any length. Said vehicle must be towed and is not self-propelled.
PICKUP COACHA structure designed
primarily to be mounted on a pickup or truck chassis and with sufficient
equipment to render it suitable for use as a temporary dwelling for
travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling
designed and constructed as an integral part of a self-propelled vehicle.
SMALL UTILITY TRAILERAny trailer
usually drawn by passenger automobile, used for the occasional transport
of personal effects.
OFFICE TRAILER/CONSTRUCTION SITE TRAILERAny trailer used for a temporary office for construction workers
at the site of construction or an office trailer used in conjunction
with a business.
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate (definition amended
December 14, 1992, P.L. 815, No. 131).
Area where the railroad right-of-way is located and also
the area which Route 220 interchanges. The corridor on the Zoning
Map that includes the major public transportation rights-of-way, including
the railroad and Route 220.
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation. (58 Pa.C.S.A. § 2301)
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation. (58 Pa.C.S.A. § 3203)
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A sign attached to the underside of a canopy or marquee.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The activity occurring on a lot or parcel for which land
or a building is arranged, designed or intended, or for which land
or a building is or may be occupied, including all accessory uses.
The change within the classified use of a structure or premises.
A use that lawfully occupied a building or land at the time
this code became effective, which has been lawfully continued and
which does not now conform with the use regulations.
A certificate issued and enforced by the Zoning Officer upon
completion of the construction of a new building or upon a change
or conversion of the structure or use of a building, which certifies
that all requirements and regulations as provided herein, as well
as all other applicable requirements, have been satisfied.
A use that fulfills a primary function of a household, establishment,
institution or other entity.
A use that is authorized by this code to be conducted for
a fixed period of time. Temporary uses are characterized by such activities
as the sale of agricultural products, contractors' offices and equipment
sheds, fireworks, carnivals, flea markets, and garage sales.
A deviation from the height, bulk, setback, parking or other
dimensional requirements established by this code.
Shall consist of trees, shrubs, flowers, grass, ground or
bank cover or suitable pervious decorative substitute.
Every device in or by which any person or property is or
may be transported or drawn upon a highway.
A building on a lot, designed and used primarily for the
washing and polishing of vehicles and which may provide accessory
services set forth herein for vehicular service stations.
The dismantling or wrecking of used automobiles, trailers,
or similar vehicles, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
Any structure or any building or part thereof that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks, or similar motor vehicles.
The use of any building, land area or the premises for the
display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreational vehicles and including any warranty repair
work and other repair service conducted as an accessory use.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail, directly from
pumps and storage tanks, and which may include accessory facilities
for rendering services, such as lubrication, washing, and minor repairs.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include facilities used for polishing, greasing, washing, dry cleaning,
or otherwise cleaning or servicing such motor vehicles.
Any structure designed to furnish air and/or power, including
transformation and conversion of said power, to underground coal mines.
Signs containing two faces of approximately equal size, erected
upon common or separate structures, positioned in a "V" shape with
an interior angle between faces of not more than 90° (1.57 rad)
with the distance between the sign faces not exceeding five feet (1,524
mm) at their closest point.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than 18 inches
(457 mm) from the building or structure wall, including signs affixed
to architectural projections from a building, provided the copy area
of such signs remains on a parallel plane to the face of the building
facade or to the face or faces of the architectural projection to
which it is affixed. For a visual reference and a comparison of differences
between wall or fascia signs and roof signs, see Section 1003.
[16]A building or premises in which goods, merchandise or equipment
are stored for eventual distribution.
Includes detention and retention ponds, artificial lakes
and ponds, and similar water features.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A facility that pumps water from a body of water or a hydrant
to be stored on a temporary basis and transferred by vehicle to another
off-site location.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
A facility used for treating the water solution used in the
process of hydraulic fracturing in order to extract natural gas from
shale. The treatment facility is where the water solution will be
taken once the process of hydraulic fracturing is done in order to
ensure that the water will be treated properly removing any harmful
chemicals prior to being released back into the earth.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
The withdrawal of water from the Susquehanna River or a stream
for purposes of gas extraction and approved by the Susquehanna River
Basin Commission.
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A bore hole or excavation for the purpose of producing oil
or gas, or both. (58 P.S. § 402)
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
A bore hole drilled or being drilled for the purpose of or
to be used for producing, extracting or injecting gas, petroleum or
another liquid related to oil or gas production or storage, including
brine disposal, but excluding a bore hole drilled to produce potable
water. The term does not include a bore hole drilled or being drilled
for the purpose of or to be used for:
[Added 5-11-2015 by Ord.
No. 672, approved 5-11-2015]
Systems of monitoring, producing or extracting gas from solid
waste disposal facilities, if the bore hole is a well subject to the
act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste
Management Act," which does not penetrate a workable coal seam.
Degasifying coal seams, if the bore hole is:
Used to vent methane to the outside atmosphere from an operating
coal mine; regulated as part of the mining permit under the act of
June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law,"
and the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface
Mining Conservation and Reclamation Act"; and drilled by the operator
of the operating coal mine for the purpose of increased safety; or
Used to vent methane to the outside atmosphere under a federally
funded or state-funded abandoned mine reclamation project.
|
(58 Pa.C.S.A. § 3203)
|
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property.
An open, unoccupied space on a lot, other than a court, which
is unobstructed from the ground upward by buildings or structures,
except as otherwise provided in this code.
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter, and on which is planted year-round shrubbery, hedges, evergreens,
or other suitable plantings of sufficient height and density to constitute
an effective screen and give maximum protection and immediate screening
to an abutting property or district and, in addition to the natural
screen, may include a wall or a baffle, as provided for in this chapter.
An open, unoccupied space between the buildings of a dwelling
group or its accessory building and the project boundary or street
line.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto.
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings, not a front, side, or rear yard.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high water line and a line parallel thereto.
An open, unoccupied space on the same lot with the building
and between the building line and the side lot line, or to the ordinary
high water line.
The designation of specified districts within a community,
reserving them for certain uses together with limitations on lot size,
heights of structures and other stipulated requirements.
The written authorization issued by the Zoning Officer for
use of land, buildings or other structures.
The map or maps containing the zoning districts of Athens
Borough, Bradford County, Pennsylvania, together with all amendments
subsequently adopted.
The Zoning Officer or his authorized representative appointed
by the governing body of Athens Borough, Bradford County, Pennsylvania.
A permit stating that the purpose for which a building and/or
structure or land is to be used is in conformity with the uses permitted
and all other requirements under this chapter for the district in
which it is or will be located.
[1]
Editor's Note: Definitions marked with an
"(*MPC)" notation are derived from the Pennsylvania Municipalities
Planning Code; see 53 P.S. § 10101 et seq., particularly
53 P.S. § 10107, Definitions.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
[3]
Editor's Note: See 53 P.S. § 301
et seq.
[4]
Editor's Note: See the Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[5]
Editor's Note: "Section 1003" refers to Chapter
10, Sign Regulations, Section 1003, of the International Zoning Code,
2006.
[6]
Editor's Note: See 52 P.S. § 30.51
et seq.
[7]
Editor's Note: See 35 P.S. § 691.1
et seq.
[8]
Editor's Note: See 53 P.S. §§ 10401
et seq., 10501 et seq., 10601 et seq., and 10701 et seq., respectively.
[9]
Editor's Note: See 52 P.S. § 3301
et seq.
[10]
Editor's Note: See 53 P.S. § 301
et seq.
[11]
Editor's Note: See 53 P.S. § 10101
et seq.
[12]
Editor's Note: "Section 1003" refers to Chapter
10, Sign Regulations, Section 1003, of the International Zoning Code
2006.
[13]
Editor's Note: See now 65 Pa.C.S.A. § 701
et seq.
[14]
Editor's Note: 53 P.S. § 4000.101
et seq.
[15]
Editor's Note: "Section 1003" refers to Chapter
10, Sign Regulations, Section 1003, of the International Zoning Code
2006.
[16]
Editor's Note: "Section 1003" refers to Chapter
10, Sign Regulations, Section 1003, of the International Zoning Code
2006.
