[Ord. 561, 6/6/1988]
Certain words and terms are used in this Chapter for the purposes
hereof and are defined as follows:
1.
Where a word used in this Chapter is not defined in § 27-302 but a definition therefore is contained in the Pennsylvania Municipalities Planning Code, then said word shall be deemed to have the meaning and definition as set forth in the Pennsylvania Municipalities Planning Code as though it were fully set forth herein under the definitions in § 27-302.
2.
Where
a word used in this Chapter is neither defined in this Part or in
the definitions contained in the Pennsylvania Municipalities Planning
Code, then said word shall be deemed to have the ordinary and common
meaning of said word considering its context in this Chapter.
3.
Unless
the context clearly indicates the contrary words used in the present
tense include the future, the singular includes the plural, and the
plural the singular.
4.
The word
“person” includes a profit or nonprofit corporation, company,
partnership or individual.
5.
The words
“shall” and “will” are mandatory, and the
words “should” and “may” are permissive.
6.
The word
“lot” includes the word “plot.”
7.
The word
“structure” includes the word “building.”
8.
The word
“use” and the word “used” refer to any purpose
for which a lot or land or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use;
and to any purpose for which a building or structure or part thereof
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use, or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
9.
The word
“Borough” means the “Borough of Nazareth”,
Northampton County, Pennsylvania; the term “Borough Council”
means the Council of said Borough, the term “Zoning Hearing
Board” means the Zoning Hearing Board of Nazareth Borough, the
term “Planning Commission” means the Planning Commission
of Nazareth Borough.
[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991; by Ord. 606, 10/5/1992; by Ord.
628, 10/2/1995; by Ord. 633, 4/1/1996; by Ord. 724, 10/2/2006; by Ord. 724, 10/2/2006; by Ord. 751, 2/2/2009; by Ord. 773, 6/6/2011; by Ord. 788, 6/10/2013; by Ord. 804, 2/2/2015; by Ord. 829, 8/7/2017; and by Ord. 837, 11/5/2018]
Buildings in which the original use has ceased operation
or greater than 50% of the floor area is no longer utilized for it’s
original use and the building or greater than 50% of the building
has been vacant for a period of 12 months or greater.
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth.
A subordinate use or structure customarily incidental to,
and located on the same lot occupied by the main use or building.
The term “accessory structure” includes, but is not limited
to, a private garage, garden shed or barn, a private playhouse, a
private greenhouse, a private swimming pool and private parking area.
An establishment having a substantial or significant portion
of its stock in trade, magazines, and other periodicals which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as defined in this Chapter.
Any premises operated for profit in which adult day care
is provided for adults who require assistance to meet personal needs
because of physical or mental infirmity are maintained for part of
the twenty-four-hour day.
An enclosed building with a capacity for less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
Chapter, for observation by patrons.
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined in this
Chapter, for observation by patrons.
The raising and keeping of field, truck and tree crops. For
purposes of this Chapter, the term “agriculture” does
not include animal husbandry.
The raising and keeping of livestock and poultry for profit.
Any premises in which food, shelter, personal care, assistance
or supervision and supplemental health care services are provided
for a period exceeding 24 hours for four or more adults who are not
relatives of the operator and who require assistance or supervision
in such matters as dressing, bathing, diet, financial management,
evacuation from the residence in the event of an emergency or medication
prescribed for self-administration.
A single-family detached residence, owner-occupied, containing
no more than three guest rooms, which may provide overnight lodging
and serve breakfast to transient guests. A bed and breakfast home
shall be considered a home occupation business.
A single-family detached residence, owner occupied, which
may provide overnight lodging and serve breakfast to transient guests
containing more than three guest rooms with its principal use being
offering guest accommodations to the public, with breakfast as the
only meal served and included in the charge for the room.
A private dwelling in which at least two but not more than
six rooms are offered for rent, payable in money or other consideration,
whether or not table board is furnished to lodgers, and in which no
transients are accommodated and no public restaurant is maintained,
such as school or college dormitory, fraternity or sorority house,
membership club with residents, and other similar uses.
A structure constructed or erected on the ground, with a
roof supported by columns or walls. Structures divided by unpressed
masonry division walls extending from the ground to the roof shall
be deemed to be separate buildings.
The horizontal area measured around the outside of the foundation
walls and of the floors or roofed porches and roofed terraces inclusive,
and including the area of accessory building, if any. In the case
of split-level dwellings, the “first floor area” shall
be deemed to include floor areas on two non-overlapping levels, separated
by a half-story, or less, of height.
The individual designated by a patient to deliver medical
marijuana.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver
for the use as part of the treatment of the patient’s serious
medical condition as authorized by certification by the Commonwealth.
Any premises operated for profit in which child day care
is provided simultaneously for seven or more children who are not
relatives of the operator.
An entity that:
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center, or its affiliate,
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
Any machine or device operated by means of the insertion
of a coin, token or similar object for the purpose of amusement or
skill and for the playing of which a fee is charged. “Coin-operated
amusement device” does not include vending machines in which
gaming or amusement features are not incorporated, nor does the term
include any coin-operated mechanical musical devices.
A residential living facility providing only food and shelter
to adults in a private dwelling in which at least two but not more
than six rooms are offered for rent.
A recreation facility operated on a profit basis, which is
open to the general public.
A building or group of buildings, structures or facilities
designed and intended for cultural, education, or recreational uses
by residents of a community and its surrounding area. The term “community
center” shall not include parks and play areas, art gallery,
museum, commercial recreation area or use, or school.
The Comprehensive Plan for Nazareth Borough.
Any establishment other than a licensed pharmacy involved
in the sale of paraphernalia which may be assembled in order to be
used in any way, with the introduction into the human body of a controlled
substance as that term is defined by the “Controlled Substance,
Drug Device, and Cosmetic Act” of the Pennsylvania Legislature.
A facility, which provides for profit, daytime care of children
who are not related to the resident household.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (“DoH”)
of the Commonwealth to dispense medical marijuana.
A lot, land, building, structure or part thereof, used primarily
for disposal by abandonment, dumping, burial, burning, or any other
means for whatever purpose, of garbage, offal, sewage, trash, refuse,
junk, discarded machinery, vehicles or parts thereof, or waste material
of any kind, excepting duly approved resource recovery plants.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family. In a hospital,
nursing or convalescent home, group care facility, family care facility
of similar resident health care facility, three beds is the equivalent
of one dwelling unit.
A configuration for a dwelling unit within a multiple dwelling
where a separate bedroom is not provided. The sleeping quarters are
located in the same room as living quarters.
A building for the housing of fire, emergency medical or
police personnel, vehicles and equipment and for related activities.
Activities may include, but not limited to, housing, offices, training
facilities, kitchens and support facilities for emergency personnel.
One or more persons occupying a single dwelling unit; provided,
that unless all members are related by blood, marriage, foster parent
relationship or legal adoption, no such family shall contain more
than five persons, but further provided, that domestic servants may
be employed on the premises without being counted as a family or families.
A facility, which provides resident service in a private
residence to six or fewer individuals who are not related to the resident
household. These individuals are handicapped, aged, disabled, or in
need of adult supervision and are provided service and supervision
in accordance with their individual needs. This category includes
foster or boarding homes for children, group homes, and family homes.
Any home in which child day care is provided at any one time
to four through six children who are not relatives of the care giver.
A barrier intended to prevent intrusion or escape, to mark
a boundary or to provide screening. A fence can both involve man-made
structures as well as organized plantings.
The floor area shall be constructed as the sum of areas on
all floors of the building measured from the outside faces of the
exterior walls, including halls, lobbies, stairways, closets, elevator
shafts, enclosed porches and balconies, and below grade floor areas,
but excluding open terraces, patios, atrium and balconies, carports,
garages, breezeways, and tool sheds.
The characteristics of the medical marijuana recommended
or limited for the particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
Any business establishment in which there are more than three
coin-operated amusement devices for use by members of the public.
A game arcade shall not be considered to include those business establishments
where such devices will contribute less than 25 of the total gross
revenue of the business conducted at the location, and where the floor
area devoted to such games is not in excess of 5% of the total floor
area occupied by such business, and where the games are conducted
in the same room or rooms as the principal business and are not operated
in a separated room or partitioned area.
An accessory structure used primarily for vehicle parking
maintained primarily for the convenience of the occupants of the main
building and in which no business or other use is carried on and no
service is rendered to the general public.
A facility occupies by a group of individuals up to seven
under the supervision or care of an institution or individual responsible
for the welfare of the residents for the maintenance and operation
of the facility. This category includes uses, licensed, or supervised
by any federal, state, or county health/welfare agency. The residents
should receive specialized services, including health, social, or
rehabilitative services provided in family environment.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DoH to grow and process medical marijuana.
The vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure excluding a chimney or other similar structure listed in § 27-401, Subsection 3.
A building used for the diagnosis, treatment, or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanitarium, sanatorium, or clinic.
A building or group of such buildings, containing guest rooms
for the temporary lodging of transient guests; provided, that no rooms
shall have cooking facilities. Eating and drinking facilities may
be accessory to the use.
A document issued by the DoH that permits access to medical
marijuana.
A planned, organized industrial district with an overall
development plan, which is designed to insure compatibility between
the industrial operations therein, and the existing character of the
Borough and to promote an open and park-like character.
Any discarded material or article including, but not limited
to scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, glass containers, and structures. It shall not include,
however, refuse or garbage kept in a proper container for the purpose
of prompt disposal.
Any place where any junk, as hereinabove defined, is stored,
disposed of, or accumulated.
A planned residential development that provides continuing
care to individuals, board and lodging, together with nursing services,
medical services, or other health related services, for the life of
the individual, or for a period in excess of one year, including ancillary
health care facilities, common areas for dining, recreation, and open
space. Ancillary facilities are provided for the primary use of residents
of the center.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property lines of a lot (as
shown on the plan), excluding space within all streets and within
all permanent drainage easements, but including the areas of all other
easements.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of the lot area that is occupied by buildings,
including principal buildings and accessory buildings.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
A lot with direct frontage on a public road which does not
meet the required lot width at the minimum required front yard setback
line, which consists of an access lane with a minimum width of 25
feet and a rectangular area, the dimensions of which exceed the minimum
lot width requirements as established in this Chapter.
Any boundary of a lot. Any lot lines, neither a rear lot
line nor a front line, shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line on the plot plan.
The lot line or lines opposite to the front lot line.
A lot extending from one street to another.
The distance between the side lot lines measured across the
rear of the required front yard.
The principal or most important use or building on a lot.
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.
A dispensary or a grower/processor of marijuana for medical
purposes.
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
A building, structure, lot or land area used as a private
club, fraternal or social organization.
A use of land or of a structure, which includes more than
one permitted principal use on a lot, provided such uses are restricted
to those or any combination of those permitted uses in the respective
zoning district.
A transportable, single family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A building or group of buildings, whether detached or in
connected units, used as temporary lodging of transient guests, designed
primarily for automobile travelers, and provided with accessory off-street
parking facilities.
An establishment therein motorized vehicle repair, painting,
and bodywork is conducted.
A single building or group of attached dwelling units intended
and designed to be occupied by three or more families living independently
of each other as separate housekeeping units. The individual dwelling
units share a common access and common yard area.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this Chapter or amendments
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation. Such nonconforming structures include, but are
not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this Chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A premises providing nursing care and related medical or
other health services for a period exceed 24 hours for two or more
individuals because of age, illness, disease, injury, convalescence,
or physical or mental affirmative, who needs such care.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money or other consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
For purposes of this ordinance shall be referred to as “DoH”.
Any premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours, for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision in activities of daily living
or instrumental activities of daily living.
The term includes any premises that has held or presently holds
itself out as a personal care home and provides food and shelter to
four or more adults who need personal care services, but who are not
receiving the services.
An establishment not otherwise specifically listed in this
Chapter primarily involved in providing services (rather than the
sale of products) directly to the consumer, such as tailor shop, barber
shop, travel agency.
The main or most important use or building on a lot.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The reclamation or restoration to a permitted use, as defined
by the zoning district in which the lot is located, of an existing
lot, in which the original use has ceased operation for a period greater
than 12 months and the condition of the property, in general, is in
an abandoned and dilapidated condition; abandoned and dilapidated
lots shall be defined as lots which contain dilapidated structures,
which are so structurally deficient, so as not to be useful for their
original intended purpose; and/or the lot itself has severe environmental
concerns existent on the property, based upon the prior usage of the
property which created the environmental concern; or severe environmental
concerns which have been created by lack of use and maintenance of
the property and need to be addressed prior to any permitted use of
the property; that all of the existing conditions of the abandoned
or dilapidated lot are so severe that the lot’s condition, in
its present state, is not fit for a majority of the permitted uses
allowed in the zoning district in which the property is located, without
substantial financial cost, to clean up the environmental concerns
or to restore or remove the dilapidated structures located on the
lot.
The registry established by the DoH for all medical marijuana
organizations and practitioners.
An establishment involved primarily with fixing or repairing
goods, rather than with the retail sales of goods. Repair services
shall not be construed to include those relating to motorized vehicles
unless explicitly so stated.
An establishment whose principal business is the sale of
food or beverages to the customer in a ready-to-consume state on edible
or disposable containers where no or limited seating is provided within
the premises.
An establishment whose principal business is the sale of
food or beverages to the customer in a ready-to-consume state on edible
or disposable containers either within the restaurant building or
for consumption off the premises.
An establishment whose principal business is the sale of
food or beverages to the customer in a ready-to-consume state and
whose principal method of operation includes one of the following
characteristics. Customers, normally provided with a menu, are served
their foods and beverages by a restaurant employee at the same table
or counter at which the items are consumed; or, a cafeteria-type operation
where foods or beverages are generally consumed within the restaurant
building.
An establishment not otherwise specifically listed in this
Chapter primarily involved in the sale of products directly to the
consumer.
An establishment engaged in the retail sale of gasoline and
similar products to motorists and in the repair of motorized vehicles.
A system for collecting and treating waste water at a community
facility operated by the Nazareth Borough Municipal Authority or its
successor.
A display, structure or device designed to attract attention
and impart a message.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the property and only incidentally upon the property if at all.
A commercial billboard is an advertising sign.
A sign that directs attention to or identifies the business,
profession, products or services conducted or sold upon the property
where the sign is displayed.
A sign that displays electronic, static images, static graphics
or static pictures, with or without text information, defined by a
small number of matrix elements using different combinations of light-emitting
diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area where the message change sequence is accomplished
immediately. Digital/ electronic signs shall include computer programmable,
microprocessor-controlled electronic or billboard digital displays.
A sign which is part of, attached directly to, supported
by, or painted upon a building wall.
A sign supported by, or suspended from, a freestanding column
or other support located in or upon the ground surface.
A sign on a residential building, which directs attention
to a home professional office or home occupation, conducted in such
residential building.
A sign that directs attention to a person, profession, business,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located. This definition
includes commercial advertising signs otherwise known as "billboards."
A sign which directs attention to a person, business, profession,
or home occupation conducted on the same lot.
A sign, constructed of cloth, canvas, fabric, wood, or other
similar material, with or without a structural free, and intended
for a limited period of display. For purposes of this Chapter, real
estate and construction signs are temporary signs.
A dwelling unit on a permanent foundation designed and occupied
as a residence for one family with direct outside access, which is
part of a group of three or more dwellings with one or two vertical
walls in common with adjacent dwelling units. These dwelling units
are commonly referred to as “town-houses” or “row
homes.”
A dwelling unit on a permanent foundation designed and occupied
as a residence for one family, which does not have a vertical wall
in common with another building.
A dwelling unit on a permanent foundation designed and occupied
as a residence for one family, which has one vertical wall in common
with the adjacent dwelling. These dwellings are commonly referred
to as “twins” or “duplexes.”
Radiant energy (direct, diffuse, and reflected) received
from the sun.
An energy conversion system, including appurtenances, which
converts solar energy to usable thermal, mechanical, chemical or electrical
energy to meet all, or a significant part, of the energy requirements
of the on-site residential or non-residential user and that may be
mounted on the existing or proposed structures or on the ground.
Systems which exist solely to generate energy for sale back
into the energy grid system, rather than being consumed on-site.
Certain uses delineated in this Chapter, which are only permitted
after the Zoning Hearing Board has made a determination that the standards
and criteria as set forth in the Chapter, have been met.
Less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately
above the top of the aorta and also human male genitals in a discernibly
rigid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse, or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttock
or female breast.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any constructed body of water or structure to contain water, pursuant to the provisions of § 27-502, Subsection 6, and any accessory equipment pertaining thereto, used or intended to be used for swimming or bathing by a family or persons residing on the premises and their guests. Such noncommercial swimming pool shall not be operated for gain; and shall be located on a lot only as an accessory use to the dwelling or dwellings, hotel, motel or membership club thereon.
A duly licensed establishment primarily involved in serving
alcohol and malt beverages to the public for consumption on the premises.
Occupancy, which occurs for a period of less than three months
in any twelve-month period. Occupancy for periods of three months
or greater in any twelve-month period shall be presumed to be permanent
occupancy.
Two dwelling units in one building and without the dwelling
units being completely separated by a vertical firewall.
Relief granted pursuant to the provisions of this Chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
The system for supplying and distributing water from a common
source to dwellings and other buildings, serving Nazareth, operated
by the Blue Mountain Water Company and its successors.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot Line.
A space on the same lot with a building situate between the
nearest roofed portion of the building and the rear lot line of the
lot, and extending from side lot line to side lot line.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot, and extending
through from the front yard or from front lot line where no front
yard exists, to the rear yard, or to the rear lot line where no rear
yard exists.
The duly constituted municipal official designated to administer
and enforce the zoning ordinances of the Borough.
