[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
For the purpose of this Ordinance certain terms and words are
hereby defined. Words used in the present tense shall include the
future, the singular number shall include the plural and the plural
number shall include the singular; the word "shall" is mandatory,
the word "may" is permissive; the word "person" includes a firm, association,
organization, partnership, trust, company or corporation as well as
an individual; the words "used or "occupied" include the words intended,
designed, or arranged to be used or occupied.
For the purpose of this Ordinance, this term is being defined
only for the purpose of dealing with the nonconforming use of structures.
To make a determination of abandonment, the Zoning Officer shall assume
that any use which has not been operational for a period of two years
has been voluntarily abandoned by the owner.
To have a common boundary or being along contiguous lot lines
that are not separated by a street or alley.
A subordinate building, the use of which is customarily incidental
to that of the principal building on the same lot.
A use which is subordinate to and customarily associated
with the principal use of a lot or a building and located on the same
lot, provided that it is not noxious or offensive to neighboring permitted
uses by the reason of appearance or emission of odor, dust, smoke,
gas, vibration or noise.
Being along lot lines that are contiguous or that are only
separated by a street or alley.
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq. providing books,
reading material, literature or other objects representing material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" for distribution, purchase, observation or review
by patrons therein.
A facility in which adult daily living services are simultaneously
provided for four or more clients who are not relatives of the operator
for part of a twenty-four-hour day. Client, in this definition, is
a person 16 years of age or older who required assistance to meet
personal needs and perform activities of daily living.
A live performance, display, or dance of any type which has
a significant or substantial part of the performance any actual or
simulated performance of specified activities, as defined in the Zoning
Ordinance, or exhibition or viewing of specified anatomical areas,
as defined in the Zoning Ordinance, removal of articles of clothing
or appearing unclothed, pantomiming, modeling or any other personal
services offered customers. This definition does not included any
establishments not within the scope of the state regulation of adult-oriented
establishments as set forth at 68 Pa.C.S.A. § 5501 et seq.
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq. with a capacity
for less than 50 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 herein for observation by patrons therein).
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq. 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 "specific sexual activities" or "specified anatomical areas" (as
defined herein for observation by patrons therein).
Any premises which is open to public gathering on a regular
or continuing basis or to which the public is admitted upon payment
of an admission fee or charge of any kind, which is open after midnight,
which may or may not serve food and beverages, and which is not licensed
for the sale of alcoholic beverages.
A public way open to public travel which affords generally
a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation.
A change in the appearance of a building, structure, site,
or object which is not otherwise covered by the definition of "demolition,"
or any other change for which a permit is required, or for which a
certificate of appropriateness may be required from the City Council.
Alteration includes, but is not limited to, additions of, or changes
in, the materials, shape, or design of any kind of exterior cladding;
window replacement; reroofing; cleaning by chemical means, sandblasting,
or high-pressure water wash or pointing of a building, structure,
or object; or any change in the supporting members of a building,
structure, or object, such as bearing walls, roof rafters, floor joists,
or stairways, which might impair or ruin the structural integrity.
The boarding, breeding, housing, keeping, or medical treatment
of five or more animals six months old or older.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
See "multiple-family" under "dwellings."
A facility which makes mechanical repairs to motor vehicles.
Included but not limited to engine or transmission repairs, and other
minor maintenance items, but not used for the dismantling or scrapping
of motor vehicles. An auto repair shop may also include auto sales
of not more than four vehicles, conditioned upon the fact that all
off-street parking requirements are met.
A facility involving the sale or rental of operable motor
vehicles, boats, trailers, recreational vehicles, boat trailers, trucks,
construction vehicles or similar equipment. Auto repair may occur
as an accessory use.
See "scrap yards."
An above-grade platform that projects from the wall of a
building and is enclosed by a parapet or railing and is used for more
than ingress/egress which may or may not be covered.
A portion of a building located partly underground, but having
less than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A building involving the rental of overnight sleeping accommodations
for temporary visitors to the area, provides meals for overnight guests
only and which does not routinely involve the rental of accommodations
for periods of more than 14 days.
A use where lawful gambling activities are conducted.
The Zoning Hearing Board of the City of Erie.
An establishment operated for profit or pecuniary gain in
which alcoholic liquors, alcohol or malt or brewed beverages are not
legally sold but where alcoholic liquors, alcohol or malt or brewed
beverages are either provided by the operator or agents or employees
of the operator for consumption on the premises or are brought into
or kept at the establishment by the patrons or persons assembling
there for use and consumption. The term shall not include a licensee
under the Liquor Code.[1] The permissibility of a use of land involving to any extent
a bottle club shall be determined according to the principal intended
use.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals or property.
A building or portion thereof where automobiles are cleaned
mechanically, using a conveyor, sprayer, blower, steam-cleaning equipment
or other device.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
The official decision made by the Historic Review Commission
for proposed alterations or additions to or within historic districts
or resources.
Care given to children under the age of 16 for a given part
of a twenty-four-hour day, on a regular basis. Child care does not
include care furnished in churches during religious services, schools
or care given by relatives. Child care is further defined below:
DAY-CARE CENTERAn establishment licensed by the Commonwealth of Pennsylvania, which provides supervised care for seven or more children, who are not residents of the premises.
FAMILY DAY-CARE HOMEAny premises other than the child's own home, operated for profit, or not for profit, in which child day care is provided at any time to four, five or six children who are not relatives of the caregiver as defined and regulated by the Commonwealth of Pennsylvania.
HOME CHILD CAREWithin a dwelling unit, the conduct of providing supervised care of not more than three children who are not residents of the unit.
A triangular area of unobstructed vision on corner lots formed
by a fifteen-foot distance along either property line which fronts
along a street.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
C-1, C-2, C-3, C-4 zoning districts.
A commercial or institutional facility which offers various
recreational opportunities for its patrons, including but not limited
to such activities as indoor concerts, psychic readings, computer
use, golf course, bowling, ice skating, swimming pools, video and
various games.
Any commercial activity which renders service to other commercial
or manufacturing enterprises.
A wind energy conversion system consisting of one or more
wind turbines, towers, and associated controls and conversion electronics
which has a rated capacity of greater than 100 kilowatts (kW) and
which is designed and used solely to generate power to offset utility
costs.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment including without limitation ham
or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
A group of at least three private garages, detached or under
one roof and contained on a single lot, arranged in a row or around
a common means of access, only for the residents within 500 feet of
the proposed garage. A minimum of one of the three garage areas must
be rented to an individual meeting the qualifications above. The garages
shall be used for the storage of an automobile. Other personal items
may also be stored.
The commercial use of a structure for access to a computer,
the internet or other text messaging systems.
A use which by virtue of its own peculiar characteristics
may be permitted in certain areas only after review and approval by
City Council.
Any building, object, or structure which adds to the historical
integrity or architectural qualities that make the historic district,
listed locally or federally, significant.
A commercial which copies papers and documents for individuals
and commercial using electronic photocopy devices, including ancillary
services such as collation, stapling and binding. However, the term
does not include commercial printing operations, where heavy presses
and similar machines are required.
A publicly or privately operated facility housing persons
awaiting trial or persons serving a sentence after being found guilty
of a criminal offense. A limited correctional facility shall have
less than 50 beds; a general correctional facility shall contain 50
or more beds.
The City Council of the City of Erie, Erie County, Pennsylvania.
A facility providing custodial care and treatment in a protective
living environment for persons residing by court placement, including,
but not limited to: pre/postcorrectional facilities, juvenile detention
facilities, and temporary detention facilities. This includes halfway
houses and similar facilities for people on probation or parole who
have been placed there as a condition of judicial order.
Any premises open to public dancing on a regular or continuing
basis or to which the public is admitted upon payment of an admission
fee or charge of any kind, which may or may not serve food and beverages,
and which is not licensed for the sale of alcoholic beverages. This
includes but is not limited to dance halls.
In the context of this Ordinance, the dismantling or tearing
down of all or part of any identified historic resource, or other
building or structure located in a certified historic overlay district,
and all operations incidental thereto.
A committee established to advise the Planning Commission on
design concerns. This committee shall be comprised of:
Registered architect (two members).
Landscape architect or a landscape contractor with at least
five years' experience (one member).
Representative of the Department of Economic and Community Development
(one member).
Representative of the Erie County Historical Society (one member).
This group is advisory only and shall be appointed by the Planning
Commission. Terms of appointment shall be four years.
A structure which is subordinate to and customarily associated
with the principal use of a lot or a building. Such structure shall
be located on the same lot as and a minimum of six feet from the principal
structure.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A building or portion thereof which contains living quarters
for four or more students, staff or members of a college, university,
primary or secondary boarding school, theological school, or other
comparable organization, provided that such building is either owned
or managed by such organization. This definition excludes single-family
and two-family dwellings.
A place providing service to automobiles or the occupants
thereof directly, usually without requiring the occupants to leave
the automobile. Such service includes minor repairs, replacements
or services to the automobile, serving food or drink to the occupants,
or providing entertainment or facilities for transacting commercial
without leaving the automobile. Some drive-in businesses such as gasoline
service stations are described separately. Further, the provision
of an off-street parking lot for the convenience of customers served
or doing commercial within a building or structure does not constitute
a drive-in commercial.
Any building or portion thereof which is designed for or
used for residential purposes. The word "dwelling" shall include short-term
rentals but shall not include hotels, motels, or other structures
used for transient residence.
A room or group of rooms located within a building and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating, and which is
occupied by a maximum of one "family" living together as a single
common household.
A building or portion thereof designed for or occupied by
three or more families living independently of each other.
A building designed for or occupied by one family only.
A building designed for or occupied by two families living
independently of each other.
An establishment designed and operated for the express purpose
of providing food and beverage service within the confines of a structure,
and/or involves off-site delivery of ready-to-eat food.
The denial of all reasonable beneficial uses or reasonable
return on a property as a result of the City's denial of a certificate
of appropriateness. Economic hardship claims may only be following
the final action of the City Council on a certificate of appropriateness
application.
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
street signs, and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare.
The alteration of exterior features which can be seen from
a public street or way.
The architectural style, design, and general arrangement
of the exterior of a building, structure, or identified historic resource,
including the color, nature, and texture of building materials, and
the type of style of all windows, doors, light fixtures, signs, or
other similar items found on or related to the exterior of a building,
structure, or object; all those exterior elements normally exposed
to the weather.
A family is:
A single person occupying a dwelling unit and maintaining a
household; or
Two or more relatives, occupying a dwelling unit, living together
and maintaining a common household, including not more than two boarders
or roomers.
Not more than three unrelated persons occupying a dwelling unit,
living together and maintaining a common household.
Permanent group homes for the handicapped or family-like living
arrangements for handicapped persons. Groups of more than three unrelated
persons may be treated as a "family" if they are defined as "handicapped"
under the Fair Housing Act Amendments to the Federal Civil Rights
Act, and meet the criteria of a group home special exception. Please
note: Handicapped persons shall be those who are so designated under
the Fair Housing Amendment (1988) to the Federal Civil Rights Act
of 1968.
A temporary structure used for the display or sale of produce. Farm stands may not exceed 2% of the subject property's land areas and in the R-2 District shall not exceed 200 square feet in area on the subject property. Farm stands are required to meet the setbacks of Section 205 of the Zoning Ordinance.
Federal Communications Commission.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or other manufactured material or a combination of materials
erected for the enclosure of areas.
The commercial use of a room or building equipped for exercise.
The sum of the gross horizontal areas of one or more floors
of a building excluding cellar, attic, garage, open breezeway, open
porches and terraces.
Also sorority house. A building designated or arranged for
occupancy by an incorporated nonprofit organization of full-time students
of an accredited college or university.
A constructed passage abutting and parallel to the water's
edge located within a waterfront district designed for use by the
general public for such activities as walking, jogging, fishing, etc.,
and made available for the public's use during daylight hours,
and as mandated by City Council.
A temporary use allowed in R Districts and the RLB-1 District.
Garage sales are for the sale of personal items by householders. They
are limited to no more than three days of duration and no household
may have more than two per year.
An accessory building or part of a principal building used
only for the storage of private motor vehicles and other personal
effects of the occupants of the principal structure. Such a garage
shall not be used for commercial purposes, unless specifically approved
for such purposes, nor shall any repairs be made to motor vehicles
within the garage other than to those vehicles registered to the property
owner or lessee of any dwelling located on the property.
Any building or premises used for retail sale of liquefied
petroleum products or other fuels for the propulsion of motor vehicles,
and including such products as kerosene, fuel oil, packaged naphtha,
lubricants, tires, batteries, antifreeze, motor vehicle accessories,
other items customarily associated with the sale of such products;
for the rendering of services and making adjustments and small parts
replacement to motor vehicles, washing, waxing and polishing of motor
vehicles as part of the services rendered; and for making minor repairs
to motor vehicles. Repairs of a major type not included are defined
to be spray painting, body fender, clutch, transmission, differential,
axles, spring and frame repairs; major overhauling of engines requiring
the removal of engine cylinder head or crankcase pan; repairs to radiators
requiring the removal thereof, or complete recapping or retreading
of tires.
An establishment that provides room and board to persons
who are residents by virtue of receiving supervised specialized services
limited to health, social, rehabilitative or housing services provided
by a governmental agency, their licensed or certified agents or other
responsible nonprofit social service corporation. Supervision shall
be provided by at least two responsible adults on duty on the premises
on a twenty-four-hour-a-day basis. The residents of the facility need
not be related to each other. (Please also see "family.")
An establishment that provides room and board to persons
who are residents by virtue of receiving supervised specialized services
limited to health, social, rehabilitative or housing services provided
by a governmental agency, their licensed/certified agents or other
responsible nonprofit social service corporation. These services shall
be provided in a family environment and only to persons who are dependent
children physically or mentally handicapped, under 18 years of age
or elderly, 62 or more years of age not including facilities for the
care or treatment of persons released from or under the jurisdiction
of a government bureau of corrections or similar institution. The
residents of the facility need not be related to each other. If a
residence facility qualifies as a family, under this Ordinance, it
is not governed by the restrictions in this definition. (Please also
see "family.")
The assembly, fabrication, manufacture, processing, production,
storage, and/or wholesale distribution of goods or products including
but not limited to cement products, customer sheet metal, patterns,
plastic moldings, extrusions and the formulation of basic plastic
material, brick and clay products, animal slaughter, curing and rendering,
foundries, fuel processing.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
The vertical height measured from the elevation of the curb
to the highest point of the coping of a flat roof, or to the deck
line of a mansard roof, or to the average height of a gabled roof.
A defined territorial division of land which shall include more than one contiguous or related parcel of property, specifically identified by separate resolution, which meets one or more of the criteria for designation as listed in Article 7 and whose designation has been approved by the City.
A material thing of historic significance for functional, aesthetic cultural, or scientific reasons that may be, by nature or design, movable yet related to a specific setting of environment and meets one or more of the criteria for designation as listed in Article 7 and whose designation has been approved by the City.
A term used to include historic structures, historic districts, historic sites, or historic objects that have been officially designated as such by the City of Erie through the Historic Review Commission as outlined in Article 7.
An official list, appropriately documented, of identified
historic resources and historic districts in the City, numerically
keyed to the Historic Resources Map.
A map showing some or all of the historic resources of the
City of Erie. Said map to be kept on file by the Zoning Officer.
The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structures and meets one or more of the criteria for designation as listed in Article 7 and whose designation has been approved by the City.
Anything constructed or erected, the use of which requires, directly or indirectly, a permanent location of land, including walks, fences, signs, steps and sidewalks, which meets one or more of the criteria for designation as listed in Article 7 and whose designation has been approved by the City.
A commercial or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The commercial or commercial activity must satisfy
the following requirements:
The commercial activity shall be compatible with the residential
use of the property and surrounding residential uses.
The commercial shall have no employees.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a commercial use, including,
but not limited to, parking, signs or lights.
The commercial activity may not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference.
The commercial 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 building containing sleeping rooms principally for the
use of transients and sometimes containing accessory uses, such as
kitchen and dining facilities, lounge, meeting rooms, and convention
facilities and other commercial uses permitted within the use district.
Any man-made or natural feature identified and documented,
including any resource falling within the definition of the National
Register of Historic Places for site, object, building, structure,
landscape feature, and related groups thereof, and which is delineated
on the City's Historic Resources Map.
Any person providing massage services in compliance with
PA Massage Therapy Law, House Bill 2499,[2] who:
Has earned a degree or certificate with a minimum of 600 hours
completed curriculum from a school licensed to teach therapeutic massage
techniques; or
Existing practitioners prior to October 2010 who are eligible
for licensure under the grandfather provisions of the Massage Therapy
Law; or
Is working under the supervision of a licensed physician, licensed
nurse, licensed chiropractor, licensed physical therapist or licensed
trainer.
The assembly, fabrication, manufacture, processing, production,
storage, and/or wholesale distribution of goods or products where
no process involved will produce noise, vibration, air pollution,
fire hazard, or other emissions noxious or dangerous to neighboring,
including but not limited to freezer lockers and cold storage, laboratories,
commercial laundries, light machine shops, packing and crating service,
research laboratories with pilot plants, taxidermists, and commercial
welding.
A parcel of land abutting on a public street.
The total area within the lot lines of a lot expressed in
either square feet or acres. Any portion of a lot included in a street
right-of-way shall not be included in calculating lot area.
The last recording of a lot in the office of Recorder of
Deeds of Erie County prior to the adoption of this amendment to the
Zoning Ordinance.
A lot abutting two or more streets at their intersections.
That percentage of the lot area which may be covered by all
buildings and other areas which may have a roof, i.e., porches, decks,
pavilions, etc.
The mean horizontal distance between the front and rear lot
lines.
A lot having frontage on two nonintersecting streets, as
distinguished from a corner lot.
A lot other than a corner lot.
The width of a lot measured at the minimum building-line
and parallel to the street.
An establishment where food or ornamental crops are grown
on the ground to be sold or donated.
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq. or enclosed
area within a building in which the one of the services offered or
provided to the patrons, of said enclosed building or enclosed area
within a building, consists of body massages, body rubs or other physical
manipulation of the patron's body. Exemptions: This definition shall
not apply to physicians, surgeons, chiropractors, osteopaths or physical
therapists who are duly licensed to practice their professions in
the State of Pennsylvania or those working under the supervision of
such persons. In addition, those trained for massage or physical therapy
with documentation relative to their training, degree or certification
may also be exempted.
A self-contained living unit delivered to a lot, and the
home is installed upon and securely fastened to a frost-free foundation
and meets all applicable codes and ordinances of the City of Erie
pertaining to structures or buildings.
A WCF or site which consists of a single-pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[3]
An area of any size which has been designated as a National
Register Historic District pursuant to the requirements of the National
Park Service.
A federal list of cultural resources worthy of preservation,
authorized under the National Historic Preservation Act of 1966 as
part of a national program to coordinate and support public and private
efforts to identify, evaluate, and protect the nation's historic
and archaeological resources.
A building used for recreational, social, educational and
cultural activities owned and/or operated by a public or nonprofit
group or agency.
All wireless communications facilities not involving construction
of a new tower-based WCF, including but not limited to antennas and
related equipment. Non-tower WCF shall not include support structures
for antennas or any related equipment that is mounted to the ground
or at ground level. All installations in the City rights-of-way shall
be deferred to the City Engineer for approval of the standards of
this Ordinance and other existing and subsequent legislation.
A lot of record that existed with a lawful lot area or lot
width or depth prior to the adoption date of this Ordinance or amendment,
but which lot area, width or depth fails to conform with the current
required minimum lot area and/or lot width or depth.
A structure, or part of a structure, that does not comply
with the applicable yard or other dimensional or bulk provisions in
this Ordinance as amended, where such a structure lawfully existed
prior to the enactment of this Ordinance or amendment. 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 Ordinance or amendment,
where such use was lawfully in existence prior to the enactment of
this Ordinance or amendment.
A facility licensed by the State of Pennsylvania as a "nursing
home" and which provides residential accommodations and health care
to persons who, by reason of advanced age, chronic illness, accident
or infirmity, are unable to care for themselves. This term does not
include drug and alcohol rehabilitation facilities.
Any area arranged, designed, used or intended for use for
the parking of five or more motor vehicles.
Any commercial establishment providing services pertaining
to the person, his apparel or personal and effects commonly carried
on or about the person and including automatic teller machines (excluding
drive-in facility), shoe repair, tailoring, and clothes cleaning on
the premises brought to the establishment by the customer. Massage
parlors or adult uses shall not be considered personal services.
The Pennsylvania Historical and Museum Commission.
A building or group of buildings including customary accessory
buildings designed or intended for public worship. For the purpose
of this Ordinance, "place of worship" includes churches, chapels,
cathedrals, temples, mosques and similar designations as well as accessory
residential uses.
An enclosed building or enclosed area within a building the
principal use, activity, or recreation conducted and/or provided to
the patrons therein being the use, rental or hire of pool tables and
related equipment.
A permanently covered entrance to a building.
A structure, either roofed or unroofed, open on three sides
and having no enclosed features of glass, wood or other material more
than 42 inches above the floor, except for transparent mesh screening
and necessary roof supports.
That use or purpose for which a building, structure, and/or
land or major portion thereof is designed, arranged, or intended,
or for which it may be occupied or maintained under the Zoning Ordinance.
The use of any minor portion of the building or structure or other
building, structure and/or land on the same lot and incident, subordinate,
or supplementary thereto and permitted under the Zoning Ordinance
shall be considered an accessory use.
A building to house a club or social organization which is
not an adjunct to or operated by or in connection with a public tavern,
cafe, or other public place. Such establishment must provide the following
documentation prior to the issuance of a building permit:
Permanency of membership;
Substantiality of dues;
Numerical limit on membership;
Formality of admission procedure;
Standards for admission;
Membership control over operation of the organization;
Club's purposes;
Use of club facilities by nonmembers; and
History of the organization.
Any office or establishment providing specialized services
to the community in the commonly recognized professions (education,
engineering, law, medicine, philosophy, science, theology), the arts
(architecture, drama, music, painting, photography, writing), and
similar activities (insurance, real estate, etc.).
Schools, parks, playgrounds, administrative, cultural, institutional
and service buildings operated by a government agency but not including
public land or buildings devoted primarily or solely to the storage
or maintenance of equipment or material.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
Any or all work needed to remake or rebuild all or a part
of any identified historic resource to a sound condition, but not
necessarily of original materials.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
A spouse, parent, guardian, child, grandparent, grandchild,
great grandparent, great grandchild, stepparent, stepchild, stepbrother,
stepsister, brother, sister, half brother, half sister, aunt, uncle,
niece, nephew.
Any or all work involving the replacement of existing work
with equivalent material for the purpose of maintenance, but not including
any addition, change, or modification in construction.
The R-1, R-1A, R-2, R-3 and RLB zoning districts.
Any or all work connected with returning or restoring an
identified historic resource or a part of any identified historic
resource to its original (or nearly original) condition through the
use of original or nearly original and compatible materials.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods. A retail store may
include the creation of baked goods, candy, custom crafts, such as
jewelry or leather items as an accessory use.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided, for compensation for more
than three or more persons not transients.
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
lumberyards, and places for 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 pawn shops 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 material as part of manufacturing operations.
"Screening" shall mean a fence, evergreen hedge or wall at
least six feet high, provided in such a way that it will block a line
of sight. If an evergreen hedge is planted, the hedge must reach six
feet in height within one year of planting. Screening shall be maintained
and kept clean of debris, rubbish and weeds.
A federal document stating standards and guidelines for the
appropriate rehabilitation and preservation of historic buildings.
Churches, Sunday schools, parochial schools, colleges, hospitals,
and other institutions of an educational, religious, charitable or
philanthropic nature.
A facility where repairs to the frame or other structural
parts of motor vehicles, spray painting, and repair or replacement
of fenders and similar external portions of motor vehicles are conducted.
An auto body shop may also include auto sales of not more than four
vehicles, conditioned upon the fact that all off-street parking requirements
are met.
The line beyond which structures may not be erected.
Any dwelling unit or room(s) within a dwelling unit owned
or managed by a person, firm or corporation which is rented for a
period of less than 30 consecutive days, during which the owner or
manager may or may not be present on a full-time basis. The unit designated
for STR use must be licensed following the procedures outlined in
the City of Erie Codified Ordinance, Article 330: Landlord and Rental.
Any surface, fabric or device bearing lettered, trademarked,
pictorial, or sculptured matter designed to convey information visually
and expose to public view the identity of a business, organization,
building, or commercial product, service, or activity; or any structure
designed to carry the above visual information. "Sign" is further
defined below:
IDENTIFICATION SIGNSigns advertising the occupant's business, industry, or products made or sold on the premises and located on the same lot as the business or industry.
ILLUMINATED SIGNA sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface. Illuminated signs include all types of electronic display and message center signs.
OUTDOOR ADVERTISINGAny sign that is not an on-premises identification sign, including billboards and other off-premises signs.
PORTABLE SIGNA sign designed to be transported or moved from place to place and which is not permanently located, or anchored in the ground or permanently attached to a building.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control and conversion electronics which has
a rated capacity of not more than 100 kilowatts (kW) and which is
designed and used to generate power solely to serve to offset utility
costs of a principal and/or accessory building located on the lot
on which said device is situated.
A panel or other solar energy device, the primary purpose
of which is to provide for the collection, inversion, storage, and
distribution of solar energy for electricity generation, space heating,
space cooling or water heating.
Land and/or structures where solid waste is received and
temporarily stored at a location other than the site where the waste
was generated, and which facilitates the bulk transfer of accumulated
solid waste to a different site for disposal. A transfer facility
may also include separation and/or processing of recyclables.
A use which by virtue of its own peculiar characteristics
may be permitted in certain areas only after review, hearing and approval
by the Zoning Hearing Board.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
Anything constructed or erected, the use of which requires
a fixed location on the ground or an attachment to something having
a fixed location on the ground, including, in addition to buildings,
billboards, carports, porches, swimming pools, and other building
features but not including sidewalks, drives, fences and porches without
a roof or enclosed sides.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCF. All
installations in the City rights-of-way shall be deferred to the City
Engineer for approval of the standards of this Ordinance and other
existing and subsequent legislation.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from
another unit by a common wall.
A townhouse where side yard setbacks are forgiven for the
individual sale of each. Side yard setbacks will be enforceable on
end units.
Any individual residing or stopping in a city for less than
30 days at any one time.
An area and building where materials are stored and where
trucks load and unload materials on a regular basis, including the
incidental servicing of trucks.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control and conversion electronics which has
a rated capacity of not more than 100 kilowatts (kW) and which is
designed and used to generate power solely to serve to offset utility
costs of a principal and/or accessory building located on the lot
on which said device is situated.
An establishment where food or ornamental crops are grown
on the ground and sold or donated off-site. An urban garden shall
not exceed one acre in size.
Energy generation facility or area of land principally used
to convert solar energy to electricity.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A means of seeking relief from the requirements of this Ordinance.
The Zoning Hearing Board has the exclusive authority to vary the terms
of this Ordinance.
A building designed for the storage of personal or commercial
goods and materials.
Includes the W-R, W-C, W-C2, W-C3, and W-M districts.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
A commercial dealing in the sale of items in large quantities.
Retail sale of items is permitted as an accessory use up to 20% of
the total floor area.
Any device such as a wind charger, wind turbine or windmill
and/or other electric generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat for distribution, consisting of one or more wind turbines
and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities.
A wind energy system that converts wind energy into electricity
through the use of a wind turbine generator, and includes the nacelle,
rotor, tower and pad transformer, if any.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, Wi-Fi,
automatic meter reading (AMR) or radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications service, except as operated by the City of
Erie.
Any person who applies for a wireless communication facility
construction and/or zoning permit or permission to use the public
right-of-way (ROW) or other City-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the City.
An open, unoccupied space across the full width of the lot,
extending from the front line of the building to the front property
line of the lot.
An open, unoccupied space across the full width of the lot
extending from the rear line of the building to the rear property
line of the lot.
An open, unoccupied space extending from the front yard to
the rear yard line between a building and the nearest side of the
lot.
The Zoning Hearing Board of the City of Erie as appointed
by the governing body.
The Zoning Administrator and any assistants authorized to
administer and enforce the Ordinance.
