For the purposes of this chapter certain terms and words are defined as follows. Words used in the present tense shall include the future tense. Words in the singular shall include the plural, and words in the plural shall include the singular. The word "shall" is mandatory. The word "may" is permissive. Terms not defined in this chapter shall have the meaning customarily assigned to them.
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of the land or of a building on a lot.
Any commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any form of sexually explicit material (i.e., books, magazines, periodicals or other printed matter, or photographs or film, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of sexual activities or display of human genital and/or other anatomical areas and/or instruments, devices, or paraphernalia which are designed for use in connection with sexual activities.) and/or which offers to provide, for entertainment purposes, persons who appear in a state of nudity or seminudity (i.e., go-go dancers, erotic and/or exotic dancers, erotic and/or exotic entertainers, etc). This definition is a broad overall definition, which includes, but is not limited to, the following:
Adult arcade.
Adult bookstore, adult novelty store, or adult video store.
Adult cabaret, adult dance hall, adult theater, adult club, adult bar, adult tavern, adult nightclub, adult restaurant or any other similar type of adult establishment.
Adult drive-in theater.
Adult materials rentals and sales.
Adult mini motion-picture theater.
Adult motel.
Adult motion-picture theater.
Adult peep shows.
Any type of sexual encounter center.
Massage parlor.
Nude model studio.
A housing development consisting of single-family detached dwellings, single-family semidetached dwellings, townhouses and/or apartment buildings, and permitted accessory uses intended and operated for occupancy primarily by persons age 55 years of age or older who desire to and who are able to live independently. See § 196-49.
Any enlargement of a building; the moving of a building from one location to another; any changes in or addition to the supporting members of a building or structure.
A lot of at least 80,000 square feet which will be used exclusively for the building of two or more apartment buildings and accessory uses thereto.
A landowner or developer who has filed an application for development.
All applications, whether sketch, preliminary, tentative and/or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or for the approval of a development plan.
A legally established right-of-way which provides the primary vehicular access to a lot and which has not been dedicated or deeded to the Borough of Sinking Spring.
A building containing residential living facilities licensed as an assisted living facility by the Commonwealth of Pennsylvania for persons age 55 or older and which provides personal and health care services, twenty-four-hour supervision, and various types of assistance in daily living.
[Added 11-27-2019 by Ord. No. 639]
A story partly underground having 1/2 or more of is height below the average level of the adjoining ground.
The Borough of Sinking Spring.
A continuous strip of landscaped land which is clear of all buildings and parking areas.
An enclosed structure.
The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot.
The building area of any single building.
The vertical distance measured from the average elevation finished grade at the two front corners of the building to the highest point of the roof. Chimneys, spires, and other similar projections shall not be included in calculating the height of a building.
A line parallel to and setback from a street line. No building is permitted between the street line and the building setback line.
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
Parcel or parcels of land or an area of water, or a combination of land and water, within the development site, designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and between buildings and street rights-of-way, driveways, parking areas, and property lines of the development. No dwelling unit, residential accessory buildings, or parking areas may be located within common open spaces.
A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling, one single-family attached dwelling, one two-family detached dwelling, or one two-family semidetached dwelling is located.
A use permitted in a particular zoning district pursuant to the provisions in this chapter.
Real estate, portions of which are designated for separate individual ownership and the remainder of which is designated for common ownership solely by the owners of those individuals who won those portions individually, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act.
A building containing residential living facilities intended as housing for person age 55 or older and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service.
[Added 11-27-2019 by Ord. No. 639]
A lot abutting two or more intersecting public or private streets, or at the point of abrupt change of a single street (an interior angle of less that 135° and a radius line of less). The Zoning Officer will designate the front yard based upon the proposed placement of the building on the lot. The yard opposite that yard shall meet the rear yard requirements of the applicable zoning district. The yard adjoining a street which was not designated the front yard must meet the front yard requirements and the side opposite this yard shall meet the side yard requirements of the applicable zoning district.
The County of Berks, Commonwealth of Pennsylvania.
Final adjudication of any board of other body granted jurisdiction under any land use ordinance, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determination. All decisions shall be appealable to the Court of Common Pleas of Berks County.
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
The Borough Council;
The Zoning Hearing Board; or
The Borough Planning Commission, only if and to the extent the Borough Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development ordinance or planned residential development provisions. Determination shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
A sign containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomenon, historical, cultural, scientific, educational, and religious sites and areas of natural scenic beauty or naturally suited for outdoor recreation.
A building or portion thereof used for habitation by one or more families. Types of dwellings are listed below. Uses such as hospitals; boarding, rooming and lodging houses; motels and hotels, and institutional residences are not included in the definition of "dwelling."
APARTMENT BUILDINGA building on a single lot or within an apartment development designed for and occupied as a residence for three or more families and in which the dwelling units are separated horizontally and/or vertically.
APARTMENT UNITA dwelling unit within an apartment building.
MANUFACTURED HOME OR MOBILE HOMEA transportable single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit, capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for one family, having no common or party wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHEDA building designed for and occupied exclusively as a residence for two families, each living on one side of a common party wall.
TOWNHOUSEA dwelling unit designed for and occupied exclusively as a residence for one family and one of a group of three or more single-family attached dwellings, placed side by side and separated by party walls.
TWO-FAMILY DETACHEDA portion of a building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and with no common or party wall with an adjacent building.
TWO-FAMILY SEMIDETACHEDA building designed for and occupied exclusively as a residence for two families living on one side of a common or party wall and one of the families living wholly or partly over the other.
One or more sleeping and/or living rooms arranged for use by one or more individuals living as a single family.
One or more persons, related by blood, marriage or adoption, with not more than two boarders, roomers or lodgers, living together as a single housekeeping unit and using cooking facilities and certain rooms in common.
Not more than three adult unrelated persons, requiring twenty-four-hour resident supervision, living together as a single housekeeping unit and using cooking facilities and certain rooms in common.
"Family" shall not include a group of persons living in an arrangement defined elsewhere in this chapter (i.e., group home).
An unroofed structure of wood, metal, wire, masonry or other similar material with the purpose or effect of making a property boundary or forming constriction to or prohibiting travel or passage.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The sum of the gross horizontal areas of every floor of a building, including basement space, devoted to residential, commercial or industrial use, and roofed porches, breezeways, roofed garages, carports and buildings.
The floor area in square feet of all buildings on a lot divided by the area of the lot in square feet.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An independently supported sign not attached to any building or structure.
The Council of the Borough of Sinking Spring.
A building occupied as a residence by no more than six residents who receive twenty-four-hour resident supervision, licensed under an applicable program by the Commonwealth of Pennsylvania and operated by a responsible individual, family or organization, with a program to provide a supportive living arrangement for individuals in a setting in which the total number of persons in the living arrangement may total more and is in substantive ways different than the definition of "family" found in this chapter. This home, which is required to be licensed by the state, must be staffed by qualified persons who provide training, care, supervision, treatment and/or rehabilitation to the aged, physically challenged/disabled or mentally challenged/retarded who require personal assistance and supervision on a continuing around-the-clock basis; this term does not include child day-care centers, adult day-care facilities, foster homes, schools, hospitals, jails, prisons, treatment centers, detention centers, or methadone treatment centers. Group homes, when operated in a "dwelling," as defined by this chapter, shall be subject to the same limitations and regulations set by this chapter for said dwellings.
A residence designed to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living. Halfway houses aim to assist in community transition and may provide vocational training, counseling and other services. Release to a halfway house is used in situations such as the release of mental patients and prisoners. They are also used for people in addiction recovery as a means to adapt to sober living. They usually require residents to follow certain rules, such as sign-in and sign-out procedures and curfews. A halfway house may allow residents to go out to work or study during daytime and return at night. Residency requirements, purposes and rules vary at each halfway house.
The location or place of egress from or access to a street or highway created by a driveway, minor street, or another highway.
The lot dimension measured along the right-of-way or street line or any street line of any street or highway abutting a lot.
An occupation customarily conducted within a dwelling unit. Both professional and nonprofessional home-based businesses must meet the home-based business regulations of this chapter. Home-based business may include such professions as doctor or lawyer.
A line parallel to and set back from a street line. No improvements are permitted between the street line and the improvement setback line. "Improvement" shall mean any type of structure, excavation or paved section, excluding driveway or curb, planting strip or barrier to unchanneled motor vehicle entrance or exit in commercial and industrial districts.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase; 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 measured parcel of land bearing fixed boundaries described by deed or lease or shown in an approved plan.
The percentage of a lot covered by principal and accessory buildings.
A line forming the front, rear or side boundary of a lot.
FRONT LOT LINEThe line separating a lot from a street.
REAR LOT LINEThe lot line which is opposite from the front lot line. The rear line of any triangularly or irregularly shaped lot shall be a line entirely within the lot and at least 10 feet long.
The area of a lot, excluding land within street rights-of-way.
The continuous straight line distance between the side lot lines, measured at the building setback line.
See definition of "street, major collector" in § 170-8 of this Code.
A parcel of land in a manufactured home or mobile home park or subdivision, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home or mobile home, which is leased by the park owner to the occupants of the manufactured or mobile home erected on the lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A parcel (or contiguous parcels) of land divided into two or more manufactured home or mobile home lots for rent or sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
Any aggregate or mass of mineral matter, whether or not coherent. 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, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
A land use owned and maintained by the Borough or a building(s) not owned by the Borough which houses a fire company or a nonprofit historical/civic use endorsed by Borough resolution.
Structures for which the start of construction commenced on or after the date of this chapter.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
A building, lot, structure, or use of land or of a building which does not conform to the regulations of the district in which it is located, and lawfully existing prior to the enactment of this chapter. Nonconforming structures include nonconforming signs.
The flood having a 1% chance of being equaled or exceeded in any given year.
The flood level that has a 1% or greater chance or occurrence in any given year.
The area of a lot unoccupied by principal or accessory structures and uses, streets, driveways, sidewalks, parking lots, roofs and other impervious surfaces.
A space within a building or on a lot used for the parking of a motor vehicle.
A wall used or adapted for joint service between two buildings.
The percentage of a lot covered by paving.
A residential facility, licensed as a personal care facility by the Commonwealth of Pennsylvania, engaged in the occupation of attending to the physical needs, personal care services, assistance and supervision of four or more persons who are not relatives of the operator and who are disabled or otherwise unable to take care of themselves, including tasks such as bathing, management of bodily functions, and cooking.
[Added 11-27-2019 by Ord. No. 639]
A surface comprised of asphalt, bituminous concrete and/or cementitious concrete or other similar materials that will not render a driveway, parking lot, or loading area unusable because of inclement weather conditions.
A descriptive word to include all improvements, buildings and land on or within a lot.
A building in which is conducted the principal use of a lot on which it is situated.
The main or primary purpose for which any land, structure or building is designed, arranged or intended, for which they may be occupied or maintained under the chapter.
A public thoroughfare, including a street or court, which has been dedicated or deeded to the Borough and which affords the principal means of access to the abutting property.
The channel of a watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation of that flood more than one foot at any point.
The alteration of a single-family dwelling into two or more dwelling units.
The total width of any land reserved or dedicated as a street, road, alley, or crosswalk or for other public or semipublic purposes, including utilities.
Vegetative material, fence, etc., planted or constructed to screen the structures and/or uses on the lot on which the screen is located from the view of people on adjoining properties or streets.
A building containing residential living facilities for persons age 55 or older capable of living independently, which may include some types of assistance in daily living.
[Added 11-27-2019 by Ord. No. 639]
An area within which no vision-obstructing object is permitted above a certain height and below a certain height.
A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms.
A way intended to provide access to properties and including a road or highway.
The lot dimension measured along the street line or right-of-way line of any street or highway abutting a lot.
The dividing line between a lot and the outside boundary of a pubic street, road or highway right-of-way legally open or officially plotted by a municipality or higher governmental authority, or between a lot and a private street, road or way over which two or more lots held in single and separate ownership have the right-of-way. Where a future right-of-way width for a street has been established, the street line shall be in the line of such future right-of-way.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (a) before the improvement or repair is started; or (b) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when first alteration of any structural part of the building commences.
Any constructed pool used for swimming or bathing which has a depth in any part of 24 inches or more.
A lot of at least 80,000 square feet which will be used exclusively for the building of townhouses and uses accessory thereto.
A single activity.
A relaxation of the terms of this chapter approved by the Zoning Hearing Board, where such will not be contrary to the public interest and where, owing to the property and not the result of actions of the applicant and/or property owner, a literal enforcement of the chapter would result in unnecessary and undue hardship.
The required open unoccupied space on the same lot with a building. The space shall be open and unobstructed from the ground upward, except as otherwise provided in this chapter, and not less in depth or width than the minimum required in each zoning district.
An open unoccupied space between an adjacent right-of-way and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any zoning district, and extending for the full width.
An open unoccupied space between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending for the full width of the lot; except that in the case where the rear lot line is included within a service street, the rear yard shall be between the cartway line of the service street nearest the front yard of the lot and a line drawn parallel to such cartway line of the service street.
An open unoccupied space between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending from the front yard to the rear yard.
Sinking Spring Borough Zoning Hearing Board.
Sinking Spring Borough Zoning Officer.
Sinking Spring Borough Zoning Ordinance (this chapter of the Code).