[Amended 12-10-1997 by Ord. No. 1997-20; 12-14-2016 by Ord. No. 2016-03; 2-8-2017 by Ord. No. 2017-02; 2-8-2017 by Ord. No. 2017-03; 3-8-2017 by Ord. No. 2017-04; 5-8-2019 by Ord. No. 2019-02; 10-9-2024 by Ord. No. 2024-01A; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
100-YEAR FLOODA flood that, on average is likely to occur once every 100 years and has a 1% chance of occurring each year (although the flood may occur in any year).
ACADEMIC CLINICAL RESEARCH CENTERAn accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to those of the main building, including, but not necessarily limited to, a private noncommercial greenhouse, farm building, covered swimming pool, tool shed, play house, and detached garage.
ACCESSORY STRUCTUREAny structure which is customarily incidental and subordinate to a principal building such as an attic, antenna, porch, fire escape, fence, and garden structure.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of a building. In buildings restricted to residential use, customary home occupations, when approved by the Zoning Hearing Board, and workshops not conducted for compensation shall be deemed accessory uses.
ALLEYA right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties. Regardless of whether or not an alley is given a street name, no principal building shall have its frontage on an alley.
ALLUVIAL SOILSAreas subject to periodic flooding as defined in the NRCS Soil Survey for Bucks and Philadelphia Counties, most recent edition.
ALTERATIONS, MINORA. All incidental changes or replacement in the nonstructural parts of a building or other structure.
Minor changes or replacements in the structural parts of a building or other structure, including, but not limited to, the following examples:
(1) Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created.
Alteration of interior partitions in all other types of buildings or other structures.
Constructing windows or doors in exterior walls.
Strengthening the load bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.
ALTERATIONS, STRUCTURALA major change or rearrangement in the structural parts of a building or structure and/or an enlargement or diminution, by extending on a side, by increasing in height, or by moving from one location to another.
AMENDMENTAny change or revision of the text of this chapter or the Zoning Map.
ANTENNAA. ANTENNAAny system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
ANTENNA HEIGHTThe vertical distance measured from the grade at the base of the antenna support structure to the highest point of the structure. If the support structure is on a sloped grade, the side producing the highest height shall be used to determine the antenna height.
CELL SITEA tract, parcel, or part of a parcel of land that contains a cellular phone antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to cellular phone transmission.
SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod, or any other structure which supports a device or wires used in the transmitting, receiving, or carrying of radio frequency energy, electrical energy, audiovisual signals, multimedia signals, or audio signals.
TOWER SITEA tract, parcel, or part of a parcel of land that contains a transmission or receiving antenna, structure to carry electric, cable, telephone or utility wires, support structure(s), accessory building(s), and parking, and may include other uses associated with and ancillary to utilities or transmissions.
APARTMENTA dwelling unit with its own cooking, sleeping, and toilet facilities, within a principal building having fewer than four such units. See also the definition for "dwelling," "residential conversion" and the requirements for residential conversion.
APARTMENT HOUSEA building, or a portion of a building, used for occupancy by four or more families living independently of one another and containing three or more dwelling units. See also the requirements for performance standard development.
APPEALRequest for review of a decision or action rendered by the Zoning Officer, Zoning Hearing Board or Borough Council.
APPLICANTA landowner or developer, including heirs, successors and assigns, who has filed an application for development.
APPLICATION FOR DEVELOPMENTEvery application, whether sketch, tentative, preliminary, or final, required to be filed and approved prior to start of construction, development, or change in land use, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan, for the approval of a development plan, or for approval of a land use.
AREAA. LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way or any area required as open space under this chapter, and including the area of any easements.
AVERAGE LOT AREA PER DWELLING UNITThe average lot area for all dwelling units of a single type. Individual lots may be smaller or larger that the average, provided that the average size is maintained and that all other standards of this chapter are met.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings.
FLOOR AREAThe sum of the areas of the several floors of building structure, including areas for human occupancy, basements, attics, and penthouses, as measured from the exterior faces of the walls. It shall not include cellars, unenclosed porches, attics, areas not used for human occupancy, motor vehicle parking space in accessory or principal buildings intended and designed to meet parking requirements of this chapter, or floor space intended and designed for accessory heating and ventilating equipment.
AUTHORITYA political and corporate body created pursuant to the Municipalities Authorities Act of 1945.
BAMBOOAny monopodial (running) tropical or semitropical grasses, genus Phyllostachys or Pseudosasa, including, but not limited to, Phyllostachys aureosulcata, Yellow Groove Bamboo. In addition, this definition includes Common Bamboo, Golden Bamboo and Arrow Bamboo.
BASEMENTA story partly below grade level but having at least 1/2 of its height (measured from floor to ceiling) above the average level of adjoining ground. A basement shall be counted as a story for the purpose of height measurement and for determining square footage if the vertical distance between the ceiling and the average level of adjoining ground is more than four feet or if it is used for business or dwelling purposes.
BED-AND-BREAKFAST INNA house, or a portion of a house, where short term lodging rooms and meals are provided. The owner of the inn shall live on the premises.
BOARDThe body granted jurisdiction under Articles
X,
XI or
XII of this chapter to render final adjudications.
See "travel trailer."
BOROUGH ENGINEERA professional engineer, licensed in the Commonwealth of Pennsylvania, and duly appointed as the engineer for the Borough or the Planning Commission.
BOUNDARYA line marking the limit or border of a lot or district.
BUFFER AREAA strip of required yard space adjacent to the boundary of a property, district, road, street, or highway, not less in width as designated by this chapter, and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and to give maximum protection and immediate screening to an abutting property or district.
BUILDINGA. Any structure having a roof supported by columns, piers, or walls, including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels or having other supports and any enclosed platform, terrace or porch. Each portion of a building completely separated from other portions by fire walls or breaks shall be considered a separate building.
BUILDING, ACCESSORYA subordinate building located on the same lot as a principle principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
BUILDING, PRINCIPALA building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located. There shall be only one principal building per lot.
BUILDING COVERAGEThat percentage of the plot or lot area covered by principal and accessory structures.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the proposed finished grade at the street side of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING SERVICE EQUIPMENTThe mechanical, electrical, and elevator equipment, including accessories, which provides lighting, heating, sanitation, ventilation, firefighting, and transportation facilities essential for the habitable occupancy of the building.
BUILDING SETBACK LINEThe line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located. The building setback line on a cul-de-sac is a parallel line of the minimum front yard measured along the curve of the street line.
BULKThe term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines, and therefore includes:
A. The size, including height and floor area, of a building or other structure;
The relation of the number of dwelling units in a residential building to the area of the lot; or
All open areas in yard space relating to buildings and other structures.
CARE FACILITY, DEPENDENTA facility in which room and/or board are provided to any person having limited or diminished ability to care for themselves due to conditions of age or health. A dependent care facility shall include a rest home, nursing home and convalescent home. See also "nursing home."
CARE FACILITY, FAMILYA facility which provides residential service in a private residence to five or fewer individuals not related to the resident household or the property owner. The resident shall be mentally ill, mentally retarded, handicapped, developmentally disabled, or otherwise in need of constant adult supervision and provided service in accordance with their individual needs. Included are foster or boarding houses for children, group homes and half-way houses.
CARE FACILITY, GROUPA rehabilitation home or facility which is licensed and inspected by an agency of the state which provides residential services to no more than six residents who are handicapped, developmentally disabled, mentally ill, or retarded, including residents who are serving the sentence of a court of law, but not requiring or receiving skilled or intermediate nursing care or psychiatric or correctional treatment normally provided in an institutional setting.
CARE FACILITY, RECOVERY HOUSEA facility which provides residential service in a private residence to five or fewer individuals not related to the resident household or the property owner. The resident shall be in early recovery from addiction and in need of supportive services: including, but not limited to, assistance in finding and maintaining employment; assistance in securing and maintaining medical and mental health treatment; assistance in maintaining addiction support services such as attendance at twelve-step meetings, outpatient services at recovery facilities, or other services required under an EAP plan or probation/parole plan; support with living in a recovery community such as house meetings and individual counseling; or otherwise in need of periodic adult supervision and provided service in accordance with their individual needs. Included are recovery houses, sober houses, recovery homes, recovery residences, clean-and-sober housing, Oxford Houses, three-quarter houses or other legally incorporated entities providing transitional living situations between residential treatment (or other institutional settings) and independent living in the community. Roomers, boarders, lodgers or other members of a family (except those protected as suffering from a "handicap" under the provisions of Sections 3602(h) and 3604 of the Fair Housing Act), are defined, described and regulated under other provisions in this chapter.
CAREGIVERThe individual designated by a patient to deliver medical marijuana.
CARTWAYThe hard or paved surface portion of a street or the portion of a street customarily used by vehicles in the regular course of travel. In the Historic District, the provisions of Chapter
230, Historic Districts, Landmarks and Buildings, shall supersede the provisions of this chapter when in conflict. See Chapter
230 and Map 4.
A story partly underground and having more than 1/2 of its clear height below the average level of adjoining ground. It shall not be used for dwelling purposes. It shall not be considered in determining the permissible number of stories or square footage.
CEMETERYA place for the burial or interment of the dead. This term shall not include crematoriums.
CERTIFIED MEDICAL USEThe 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 use as part of the treatment of the patient's serious medical condition, as authorized by certification by the Commonwealth of Pennsylvania.
CHILD-CARE CENTERAny place, home, or institution which cares for less than six children under the age of 16 years apart from their parents, guardians, or custodians for regular periods of time for compensation. It shall not include or apply to bona fide schools, custody fixed by a Court, children related by blood or marriage within three degrees of the custodial person, or religious or public institutions caring for children within an institutional building. For more than six children, see "nursery school."
CLEAR SITE TRIANGLEAn area of unobstructed vision at street intersections defined by the right-of-way lines of the street and by a line of sight between points on the right-of-way lines at a given distance from the intersection of the right-of-way lines.
CLINICAL REGISTRANTAn entity that:
A. 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.
CLUB or CLUBHOUSEAn organization catering exclusively to members and their guests or premises or buildings for recreational or athletic purposes which are not conducted for profit, provided no vending stands, merchandising or commercial activities are present, except as required for the membership of the club only.
COMMON OPEN SPACEA parcel or parcels of land, an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents, not including streets, off-street parking, or areas set aside for public facilities such as detention basins.
COMMUNITY CENTERA public, quasi-public, or privately maintained institution devoted to a variety of group activities such as civic, social, recreational, educational, or cultural activities and the premises and facilities appropriate to such activities; provided, however, that the said premises shall not include living quarters for persons other than those engaged in the conduct and/or maintenance of the institution.
CONDITIONAL USEA use listed in §
450-404 may be permitted as a conditional use in any district noted by the letter "C," provided Borough Council authorizes the issuance of a zoning permit, subject to the requirements of Article VI of the Pennsylvania Municipalities Planning Code and §§
450-405 and
450-1011 of this chapter.
A condominium is an ownership arrangement and not a land use, therefore it is allowed under the same restrictions of the residential land use that compromises it. A condominium is a dwelling unit which has all of the following characteristics:
A. The unit, the interior and associated exterior areas designed for private use in the development plan, is owned by the occupant;
The unit may be any permitted dwelling type; and
All or a portion of the exterior open space and community interior space owned and maintained in accordance with the Uniform Condominium Act, 68 Pa.C.S.A. §
3101 et seq., and in accordance with the provisions for open space, roads, or other development features in this chapter and Chapter
390, Subdivision and Land Development.
CONVERSION, RESIDENTIALThe transformation of a building into apartment(s) without disturbing the external architectural character of the building.
COUNTYBucks County, Pennsylvania.
COURTYARDAn unoccupied open space, other than a yard, on the same lot with a building which is bounded on two or more sides by the walls of such building.
A. COURTYARD, INNERA court enclosed on all sides by the exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURTYARD, OUTERA court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
CURATIVE AMENDMENTA substantive challenge to the validity of certain provisions of this chapter, filed in accordance with the provisions of Section 609.1 of the Pennsylvania Municipalities Planning Code and §
450-1202 of this chapter.
The officially established grade of curb in front of the midpoint of the lot as established by the Borough Engineer.
DAY CARE FACILITYSee "care facility, child," "child-care center" and "nursery school."
DECIBELA unit measuring the volume of a sound, equal to 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
DECISIONFinal adjudication of a board or body granted jurisdiction under this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. Decisions may be appealable to the Bucks County Court of Common Pleas or the local judicial district.
DENSITYA measure of the maximum permitted intensity of use of a piece of land. It shall be expressed in dwelling units per acre. §
450-603, Table of performance standards, sets forth the maximum density for a land use in each zoning district in terms of gross and net density.
A. GROSS DENSITYIt is calculated by dividing the total number of dwelling units existing or planned by the base site area. The gross density stated in §
450-603 is intended to be illustrative and for convenience only.
NET DENSITYIt is the maximum density permitted on the buildable portion of the site as determined in §
450-602, Site capacity calculation. The net density is the controlling criteria for all subdivisions, developments, or construction with density requirements. Net density is calculated by dividing the total number of dwelling units, existing or planned, by the net buildable site area.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, heirs, successors or assigns, who makes or causes to be made a subdivision of land or land development.
DEVELOPMENT PLANThe allocation of land areas to the several varieties of physical development, present and future, of the Borough, the same having been prepared in accordance with the principles of comprehensive planning. The term "development plan" shall always mean the complete plan for the continuing development of the Borough as recommended by the Planning Commission and currently adopted by Borough Council. Wherever the term "development plan" is used, it shall have the same meaning as the term "Comprehensive Plan" as provided in the Pennsylvania Municipalities Planning Code and the Borough of Langhorne Comprehensive Plan, most recent edition.
DISPENSARYA 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 of Pennsylvania to dispense medical marijuana.
DORMITORYA building occupied by and maintained exclusively for faculty, students, or other persons affiliated with a school, church, recreational, or educational facility and regulated by the facility or institution. See §
450-405B(5),
C(1) and
C(2).
A minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
DUMPLand or part of a lot used for the disposal, by abandonment, dumping, burial, burning, or other means, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, parts of machinery, equipment, or vehicles, or waste material of any kind.
DWELLINGA building containing one or more dwelling units and designed or used as living quarters.
A. SINGLE FAMILY DETACHED DWELLINGA dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access and having open space on all sides.
SINGLE-FAMILY DETACHED: LOT LINEA single-family dwelling on one lot with the building set on one side of the side property line. An easement of maintenance with the adjoining lot is required. Windows on the lot line side of a dwelling are not permitted.
SINGLE FAMILY ATTACHED DWELLINGA dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access attached to but separated from adjoining dwellings by not more than two party walls, floors, or ceilings.
DUPLEXA building containing two dwelling units with one dwelling unit located above another dwelling unit, one dwelling unit having a common floor or ceiling with the other unit, and with no party wall in common with another building.
MULTIPLEXAn attached dwelling which may be single-family attached or multifamily. All units may have, but are not required to have, independent outside access. Units may be arranged in a variety of configurations: side by side, back to back. Less than six units shall be attached in any group. Groups shall average four units per structure. Multiplex dwellings shall not exceed one story in height.
TOWNHOUSEA single-family attached dwelling, with one unit from ground to roof, having individual outside access. Rows of attached townhouses shall include a maximum of four dwellings in any one row.
RESIDENTIAL CONVERSION TO APARTMENTSMultifamily dwelling units, where individual units may share a common outside access. They share with other units a common yard area, which is the sum of the required lot areas of all dwellings within the building. Apartments shall have fewer than four units within a single structure.
PATIO HOUSEA single-family detached or semidetached dwelling, with one unit from ground to roof, having individual outside access. The lot shall be fully enclosed by a wall six feet high. All living spaces, i.e., living rooms, den, and bedrooms, shall open onto a major open area or patio.
ATRIUM HOUSEA single-family attached dwelling, one story high, with individual outside access. The lot shall be fully enclosed by a wall at least six feet high. A private yard (an atrium) shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open onto the atrium.
DWELLING IN COMBINATIONAn accessory dwelling unit that is clearly subordinate to a residential, business, commercial, professional service, or institutional use.
DWELLING UNITAny residential building or any room or group of rooms in a residential building, forming a single unit with living, sleeping, cooking, eating, and toilet facilities used or intended to be used by one family.
TWINA building containing two dwelling units which are attached side by side through the use of a common party wall that extends from the ground to or above the roof.
EASEMENTA right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures, disturbing the natural resources, or obstructing access to, but shall have the right to make any other use of the land not inconsistent with the rights of the grantees.
EAVESThe lowest horizontal line of a sloping roof.
ENERGY SOURCE, RENEWABLEAny method, process, or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy, and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
ENGINEERA professional engineer licensed in the Commonwealth of Pennsylvania.
EXPANSIONAn addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use.
FACADEThe exterior wall, face, or plane of a building. The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves or parapet of the facade.
FAMILYOne or more persons related by blood, marriage, foster relationship or adoption, or not more than three unrelated persons occupying one dwelling unit, intending to live together for a significant period (in excess of six months) and maintaining a common household with single cooking facilities, and in addition, domestic servants or gratuitous temporary guests. A roomer, boarder or lodger shall not be considered a member of the family.
FARM BUILDINGAny building used for the storage of agricultural equipment or farm produce or the housing of livestock or poultry. The term "farm building" shall not include dwellings.
FENCEA. Any barrier or wall consisting of wood, metal, wire mesh, chain-link, stone, masonry or other nonplant material and plant materials, including shrubs and trees grown in close proximity and forming a barrier.
Boundary line fence is a fence that follows approximately parallel and within two feet of the boundary line of a lot.
The height of a fence shall be the distance measured from the existing or final grade to the top of the fence.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the floodplain outside the floodway.
FLOODPLAINThat land adjoining any stream, lake or pond which is subject to a 100-year recurrence-interval flood as delineated by the following studies or a study conducted by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines:
A. Department of Housing and Urban Development, Federal Insurance and Mitigation Administration, (FIMA) Flood Hazard Boundary Map of the Borough, Map No. H 42 017 4210 01, shall be used.
In the absence of such delineation of the 100-year floodplain along any drainage way, the provisions of this section shall apply to:
(1) All land containing alluvial soils as identified in and delineated upon the maps of the NRCS Soil Survey for Bucks and Philadelphia Counties, most recent edition.
Corps of Engineers: Floodplain Information Reports.
U.S. Geological Survey: Floodprone Quadrangles.
P.L. 566 Flood Information.
A Department of Environmental Protection Flood Control Investigation.
Known high water marks from past floods.
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. The floodway shall be capable of accommodating a flood of the 100-year magnitude.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. The "floor area" of a building(s) shall include:
B. Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom of more than seven feet six inches.
Attic space (with or without flooring) with structural headroom of more than seven feet six inches.
Interior balconies and mezzanines.
Accessory uses, including space for accessory off-street parking when covered or enclosed.
FLOOR AREA, HABITABLEThe sum of the gross floor area of a building and its accessory buildings on the same lot, but not including elevator shafts, stairwells, floor space for mechanical equipment or uncovered accessory off-street parking.
FORM OF MEDICAL MARIJUANAThe characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
FUNERAL HOME OR PARLORA mortuary, including auditoriums, funeral equipment sales, laboratory and temporary storage facilities, but not including crematoriums, cemeteries, columboriums, mausoleums or other permanent storage facilities.
GARAGE or CARPORTA. A structure or roofed area attached to a residential building and used for the storage of one or more vehicles. It shall be considered an integral part of the main building in interpreting yard requirements and square footage.
GARAGE, PRIVATEAn accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of less than four motor vehicles, and not used for automotive repair.
GARAGE, PUBLICAny other garage used for storage, repair, rental, servicing or supplying of fuel to motor vehicles.
GARAGE SALESale of tangible personal property located on the property of a residential owner. This shall only include personal property which was located on the property prior to the sale.
GOLF COURSEAn area containing either a nine- or eighteen-hole golf course, including grass-covered tees, greens, and fairways.
GRADEThe average elevation of the proposed or finished grade line of the ground at the front or street side of a building or structure.
GREENHOUSEA horticultural use or operation occurring within a partially or totally enclosed structure, including, but limited to, the sale of products produced in such structure.
GROSS LEASABLE AREA (GLA)The total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors, if any; expressed in square feet and measured from the center line of common partitions and from outside wall faces.
GROWER/PROCESSORA 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.
HELISTOPAn area on a roof or the ground used by helicopters or steep gradient aircraft to pick up or discharge passengers or cargo, but not including fuel service, maintenance, repairs, or overhaul.
HOME OCCUPATIONA use conducted entirely within a dwelling or accessory building that is clearly incidental and secondary to the principal use of the dwelling and that is compatible with the character of the neighborhood. The following uses shall not be considered acceptable home occupations: animal hospital, stable, kennel, funeral parlor, retail store, restaurant, or truck terminal. Home occupations shall include, but not be limited to:
A. HOME CRAFTSActivities where the product for sale is completely made, and may be sold, on the site by the resident crafter. Home crafts may include, but are not limited to: artists, sculptors, dressmakers, tailors, seamstresses, and activities such as model-making, rug weaving, lapidary work, and furniture making.
INSTRUCTIONAL SERVICESAn activity where the practitioner provides the client with special instruction in a specific area of study and shall not require a room or series of rooms specifically designed for that purpose.
PERSONAL SERVICESA service oriented business, including but not limited to barbers, beauticians or photographers.
PROFESSIONAL SERVICESA service oriented activity conducted in an enclosed area set aside for the functional needs of the use, wherein the professional services of the practitioner is the salable commodity offered to the client. It is limited to the office facilities of the following: a salesperson, sales or manufacturing agent or representative, architect, engineer, psychiatrist, broker, dentist, doctor, insurance agent, land surveyor, lawyer, musician, real estate agent, accountant, or a religious professional such as a minister, rabbi or priest, providing that the office is open to the public or congregation.
REPAIR SERVICES AND OTHER HOME OCCUPATIONSA repair shop for appliance, lawn mowers, watches, guns, bicycles, locks, small business machines and other goods, as well as other compatible and acceptable home occupations not specified in uses Subsections
A through
D above. It shall not include automobile, truck, or motorcycle repairs.
HOME OFFICEThe accessory and customary use of a portion of a dwelling for administrative or clerical work, sales over the phone, receiving of mail, or taking in hand work such as sewing, that does not involve the sale of retail or wholesale products on the premises.
IMPERVIOUS SURFACEImpervious surfaces are those areas that do not absorb precipitation and surface water. All buildings, parking areas, driveways, roads, sidewalks, whether paved or not, and any areas in concrete and asphalt shall be considered impervious surfaces. In addition, other areas determined by the Borough Engineer to be impervious shall also be classed as impervious surfaces.
IMPERVIOUS SURFACE RATIOThe impervious surface ratio is a measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.
IMPULSIVE SOUNDAny sound that endures for a period of more than five seconds or consists of more than two incidents within a twenty-four-hour period which is above the level of 110 dBA at the lot boundary from which the source of the sound emanates.
INTERPRETATIONA request for detailed explanation of any provision of this chapter from the Zoning Officer or Zoning Hearing Board.
INVASIVE PLANTAn invasive plant is one that grows aggressively, spreads, displaces other plants and has generally been introduced from other continents. Lacking natural predators, disease, or other natural controls, these plants can dominate large areas, diminish and/or limit biodiversity, are expensive to control and are directly responsible for the extinction and loss of natural plants that have evolved in communities with other plants, wildlife, insects and micro-organisms. The Pennsylvania Department of Conservation and Natural Resources maintains a periodically updated list of invasive plants that is available to the general public.
JUNKYARDAn area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to waste, rags, metal, building materials, house furnishings, machinery, vehicles, parts, with or without the salvage, dismantling, sale, processing, or other use or disposition of items; or the presence for a period longer than 30 days of two or more motor vehicles or major parts of motor vehicles, not in running condition nor registered by the Pennsylvania Department of Transportation or similar inspection agency, except farm vehicles, shall be deemed to make the lot a junkyard. See also "dump."
LAKES and PONDSNatural or artificial bodies of water which retain water year-round. Artificial ponds and lakes may be created by dams or may result from excavation. The shoreline of such waterbodies shall be measured from the maximum condition rather than the permanent pool if there is any difference. A lake is a waterbody 2.5 acres or larger; a pond is a waterbody of less than 2.5 acres.
LAND DEVELOPMENTThe improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure;
The division or allocation of land or space, whether proposed initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, building groups, condominiums, or other features;
The conversion of a residence into three or more dwelling units;
The addition of greater than 1,000 square feet of floor area to any building;
A subdivision of land; or
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land shall be deemed to be a landowner for the purpose of this chapter.
LOADING BERTHA space accessible from a street or cartway, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.
LOTA. LOTA designated parcel, tract, or area established by a plat or otherwise permitted by law, to be used, developed, or built upon as a unit. A lot must be in single ownership and not divided by a street nor include any land in a public or private street right-of-way, even if ownership to the right-of-way is in the lot owner.
CORNER LOTA lot which has an interior angle of less that 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
THROUGH LOTA lot other than a corner lot, having frontage on two parallel or approximately parallel streets.
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT, REVERSE FRONTAGEA lot, other than a corner lot, having frontage on two parallel or approximately parallel streets, wherein the house faces and takes access from the lower order street.
LOT WIDTHThe distance measured between the side lot lines, at the required building setback line. On lots where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.
LOT LINESAlso see "street line."
A. LOT LINEAny boundary line of a lot including a public right-of-way line.
LOT LINE, FRONTThe dividing line between the street or legal right-of-way and the lot.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a right-of-way, except for a lot line that is itself a legal right-of-way line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not legal right-of-way lines is to be considered a rear lot line. In the case of a lot having no right-of-way frontage or a lot of an odd shape, only the one lot line furthest from any legal right-of-way shall be considered the rear lot line.
LOT LINE, SIDEAny lot line which is not a legal right-of-way line or the rear lot line.
MAJOR STREET OR ROADA highway, road, or street designed for through vehicular movement and classified as a collector street.
MEASUREMENT OF DISTANCEAny distance specified in this chapter shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
MECHANICAL AND ELECTRICAL EQUIPMENTAny device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers the energy from the solar energy system to the intended on-site structure.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them settling their differences. A process pursuant to the procedures contained in Section 908.1 of the Pennsylvania Municipalities Planning Code.
MEDICAL CENTERA hospital, sanitarium, preventorium, clinic, or place for the diagnosis, treatment or other medical care of ailments.
MEDICAL MARIJUANAMarijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.
MOBILE HOMEA transportable single-family dwelling, manufactured in one or more sections designed for long term occupancy, with sleeping facilities, flush toilets, a tub or shower, kitchen facilities, and plumbing and electric connections to attach to outside systems. It may be designed to be transported after fabrication on its own wheels, on a flatbed, or on a trailer; arriving at its final site as a complete dwelling, ready for occupancy except for minor unpacking and assembly operations. Travel trailers and recreational vehicles shall not be considered mobile homes.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the placement of a single mobile home.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MODULAR DWELLING UNITA generally standard construction dwelling unit in which some or all of the structural skin or service units (kitchens, baths) are manufactured off-site in a factory, transported to the site and tied in and erected on foundation and prepared on-site. The term includes "module," "prefab," "factory-built," "panel-built," etc. The completed unit must meet the standards of the Borough Building Code. The unit shall be treated the same as a conventional stick-built dwelling.
MOTELA building or group of buildings for the accommodation of transient guests, chiefly motorists, containing sleeping rooms for rent without facilities for cooking within individual rooms or suites. A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. The facility may include accommodations for automobile travelers and have parking spaces adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
MOTOR VEHICLE OR GASOLINE SERVICE STATIONAny area of land, any structure, or any building or part of a building or structure, used for the sale of gasoline or any other motor vehicle fuel, oil, or other lubricating substances or motor vehicle accessories at retail only and which may or may not include facilities for lubricating, washing, repairing, or otherwise servicing motor vehicles, but which shall not include painting, body and fender repairs, vehicular sales or rental, or automatic car washes.
MUNICIPALITYThe Borough of Langhorne, Bucks County, Pennsylvania.
NOISE DISTURBANCEAny sound which endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensibilities, or endangers or injures personal or real property.
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of this chapter or amendment hereto.
NONCONFORMING STRUCTUREA structure or part of a structure which is prohibited under the provisions of this chapter or amendment heretofore or hereafter enacted, but was lawful at the time of enactment of this chapter or amendment hereto. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment hereto.
NOXIOUS AND INVASIVE PLANTS LISTA list of plants generally considered to by invasive or noxious, which shall be adopted by resolution of Borough Council and may thereafter be amended.
NOXIOUS PLANTA generally invasive plant that once declared noxious becomes illegal to sell, transport, plant or otherwise propagate within the commonwealth. Lists of noxious weeds are periodically updated and are available from the Pennsylvania Department of Conservation and Natural Resources.
NURSERY SCHOOLAny place, home or institution which cares for six or more children under the age of 16 years apart from their parents, guardians or custodians for regular periods of time for compensation. The term "nursery" shall include and apply to bona fide schools. See also "child-care center."
OBSCENEReference is made to the definitions found in the Borough of Langhorne Obscenity Ordinance adopted May 9, 1984, and included as Chapter
306 of the Code of the Borough of Langhorne.
The legal occupant of a building or premise.
OFFICIAL MAPA map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code.
OPEN PORCHA porch, open on two or more sides, but shall not include a porch enclosed by permanent or detachable glass sashes.
OPEN SPACELand used for recreation, resource protection, buffers, or amenity, or protected by this chapter or Chapter
390, Subdivision and Land Development, to ensure that it remains in such uses. Open space shall not include land occupied by buffers, buildings, roads, road rights-of-way, yards or lots of dwelling units, and parking areas required by this chapter. Open space shall be left in a natural state except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
A measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the base site area.
PARAPETThe top of a building wall or facade which is raised above the roof.
PARKING LOTAny lot, municipally or privately owned, used for off-street parking or for the transient storage of motor vehicles, whether provided as a free service or for a fee.
PARKING SPACEAn off-street space on a lot with an all-weather surface available for the parking of one motor vehicle and having an area as required by this chapter, exclusive of passageways and driveways appurtenant thereto, and having individual direct access to a street without moving another vehicle.
PARTY WALLA wall on an interior lot line used or adapted for joint service between two buildings.
PERFORMANCE SUBDIVISIONA subdivision in which mixed residential types are encouraged in order to promote sound land planning and to provide a variety of housing choices. Selected nonresidential uses or conditional uses may be permitted pursuant to an overall plan. The subdivision shall cluster housing to provide more open space.
PERMITA document issued to an applicant under the authority of this chapter or any other ordinance of the Borough of Langhorne.
B. ZONING PERMITA required permit issued prior to the establishment of a proposed use or the erection, razing, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building.
SIGN PERMITA required permit issued prior to the erection, construction, reconstruction, alteration, restoration, conversion, or installation of a sign.
BUILDING PERMITA required permit allowing construction, alteration, reconstruction, demolition, or removal of a building, a portion of a building, structure, fence, driveway, or other feature.
PERMITTED USEA land use identified in §
450-404 which is permitted by right in any district under which it is noted by the letter "P."
An animal kept for amusement or companionship.
PLANNED RESIDENTIAL DEVELOPMENTThe development of land pursuant to a Planned Residential Ordinance or the Pennsylvania Municipalities Planning Code. It is land to be developed as a single entity for a number of dwelling units or a combination of residential and nonresidential land uses. The development plan does not correspond in lot size, bulk, type of dwelling, land use, density, intensity, lot coverage, and required open space to the regulations established in any one residential district created under this chapter.
PLATThe map or plan of a subdivision or land development, whether sketch, tentative, preliminary, or final.
PORTABLE STORAGE CONTAINERS (PSC UNIT or PSCs)Any container, storage unit, shed-like container or other portable structure used for the storage of personal property of any kind and which is located for such purpose on residential property for the purpose of storing and/or moving household materials.
PRINCIPAL USEA use permitted in a district other than accessory uses. Separate zoning permits are required for each principal use.
PRIVATE ROADAn easement or right-of-way not dedicated for public use which provides access to a lot in private ownership.
PROHIBITED USEA land use identified in §
450-404 which is not permitted in any district under which it is noted by the letter "N."
A. Parks, playgrounds, trails, paths, and recreational areas;
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting, held after public notice, by Borough Council, the Planning Commission, the Zoning Hearing Board, or the Historic Architectural Review Board, intended to inform and obtain public comment, prior to taking action permitted by this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. §
701 et seq.
Notice published once a week for two successive weeks in a newspaper of general circulation in the Borough. It shall state the time and place of the meeting and the nature of the matter to be considered. Publication shall not be more than 30 days nor less than seven days from the date of the public meeting.
QUARRYAn excavation or place, from which stone, slate, limestone, or other minerals are removed by cutting, digging, blasting, or other methods, which includes, but is not limited to, related facilities of settlement basins, equipment maintenance, and parking areas.
RECREATIONActive or passive leisure or pastime activities, related to sports, play and the enjoyment of the natural environment.
REGISTRYThe registry established by the DOH for all medical marijuana organizations and practitioners.
RESTAURANT, QUICK SERVICEA public eating place where the majority of the dollar volume of business is conducted by the customer's order being taken at a place other than where the order is consumed, such as an eating place which provides stand-up counter, vending machine, take-out, window or drive-in service.
RESTAURANT, SIT-DOWNA public eating place:
A. Where the majority of the dollar volume of business is conducted by means of the customer's order being taken, served and consumed at a sit-down counter or sit-down table; and
Where there is no provision for drive-in service.
RETIREMENT COMMUNITYResidential retirement premises consisting of living units, in the form of private units, semiprivate rooms or efficiency apartments, limited in occupancy to persons 62 years of age or older. See also "care facility, dependent."
RIGHT-OF-WAYA. RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by or to provide access to a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, communication line, water line, sanitary sewer line, storm sewer line, utilities, natural resource protection areas or other similar land uses.
EXISTING RIGHT-OF-WAYA legal right-of-way established by property owners, the commonwealth, or other governing authorities and currently in existence.
FUTURE RIGHT-OF-WAYA right-of-way deemed necessary to provide adequate width for future street improvements, protection of resources, or provision of utilities.
ROOF LINEThe highest continuous horizontal line of a roof. On a sloping roof, the roof line is the principal ridge line or the highest line common to one or more principal slopes of roof. On a flat roof, the roof line is the highest continuous line of the roof. On a mansard roof, the roof line is the deck line. On gable, hip and gambrel roofs, the roof line is the highest ridge line.
ROOMER, BOARDER, or LODGERA person, occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, paying compensation for lodging or board, and lodging by prearrangement for a week or more at a time to an owner or operator. A person occupying a room(s) and paying compensation without prearrangement or for less than a week at a time shall not be classified as a roomer, but as a guest of a motel or bed-and-breakfast. See "motel" and "bed-and-breakfast establishments." A single-family detached dwelling shall be permitted to have two roomers. See §
450-405B(5) and
E(10).
A dwelling with fewer than eight sleeping rooms, that provides lodging for a period of 30 days or more, with or without meals, which makes no provision for cooking in any of the rooms occupied by guests, in which no more than three persons per room are housed or lodged, for hire or otherwise.
SCHOOLA private or public educational institution, having regular sessions with employed instructors, providing general, vocational or professional education to persons of elementary school age and above.
SERVICE MACHINEA coin-actuated device for personal pleasure or use, including, but not limited to, devices for washing, drying, cleaning or amusement, but specifically excluding vending machines.
SEWAGE FACILITYAny sanitary sewer, sewage system, sewage treatment works or parts thereof designed, intended or constructed for the collection, treatment, and satisfactory disposal of sanitary waste (including industrial waste).
SEWERA. PUBLIC SEWERAny municipal or privately owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to Borough specifications.
PRIVATE SEWERAn "on-lot" septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot. Private sewers are not permitted in the Borough of Langhorne in accordance with Chapter
345, Sewers and Sewage Disposal.
SIGHT DISTANCEAn unimpeded view a vehicle operator has along the street being traveled or entered; such distance related to driver reaction time and posted speed limits at eye level between two feet six inches and eight feet zero inches above the pavement.
SIGNA. SIGNAny letter, number, symbol, figure, character, mark, plane, design, picture, stroke, stripe, trademark, or combination of these which is constructed, attached, placed, painted, erected, fastened, or manufactured in any manner whatsoever; which is used to convey information or attract the public to any place, subject, person, firm, corporation, public performance, article, or merchandise; which is displayed in any manner whatsoever so that it can be seen from the right-of-way of a public street or highway; and which includes signs installed within a building and permanent window signs placed in or on windows which may attract attention of those outside the building in the public right-of-way, including but not limited to the following:
(2) ARTISANS SIGNA temporary sign erected at a job site, identifying the name of the painter, roofer, builder, etc., performing work on the site, but only for the duration of the work being performed.
BANNERA sign intended to be hung either with or without a frame constructed from paper, plastic or fabric, excluding flags.
BILLBOARDA sign which directs attention elsewhere than on the same lot where such sign is displayed.
BUSINESS SIGNA sign announcing the commercial or office activities conducted on the premises.
HOME OCCUPATION SIGNA sign erected for a permitted business which is conducted from a dwelling in a Residential District.
INSTITUTIONAL SIGNA sign announcing the name and function of an institution such as a school, library or church.
NONCONFORMING SIGNA sign which was lawful when erected and does not comply with one or more of the provisions of this chapter or amendments hereto.
OFFICIAL TRAFFIC SIGNA sign announcing street names, route numbers, official traffic directions, and other traffic signs erected by an official agency of government responsible for traffic control and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.
PRIVATE DIRECTIONAL SIGNA sign which directs vehicles or pedestrians on private property, such as a "One Way" sign in a shopping center parking lot.
PROFESSIONAL SIGNA sign which identifies the place of business of doctors, lawyers, architects, etc.
Sign placement, including the following:
(1) ON-PREMISES SIGNA sign which conveys information related to the property on which the sign is located.
OFF-PREMISES SIGNA sign which conveys information not related to the property on which the sign is located, such as a "billboard-type" sign.
PERMANENT SIGNA sign which is intended to be maintained in-place for a period longer than six months.
TEMPORARY SIGNA sign which is intended to be maintained in-place for a period less than six months, or in the case of artisans signs and real estate signs, the period of time required to complete the defined activity.
Sign construction, including the following:
(1) BUILDING SIGNA sign affixed, attached, installed or painted upon a building, window, or structure.
FREESTANDING SIGNA sign attached to the ground by means of a pole, mast, standard, etc. rather than by attachment to a building.
MOBILE SIGNA sign which is affixed, attached, installed or painted upon a vehicle, trailer or other movable unit.
MOVING SIGNA sign which revolves, rotates, swings, undulates or otherwise attracts attention through the movement of parts or the impression of movement, but not including flags and banners.
PORTABLE SIGNA sign not permanently affixed to the ground, building, structure or vehicle, which may be moved from place to place.
PROJECTING SIGNA sign affixed to a building which extends beyond the line or surface of the buildings by more than 10 inches.
ROOF SIGNA sign affixed entirely or partly to or upon the roof of a building.
WALL SIGNA sign affixed to the wall of a building with the exposed face of the sign parallel to a wall.
WINDOW SIGNA sign affixed to or next to the window or door of a building which may be viewed from the exterior of a building.
Sign lighting, including the following:
(2) FLASHING SIGNAn illuminating sign in which the source of light is not maintained stationary or constant in intensity or color at all times.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, which ownership is separate and distinct from that of any adjoining lot, including separate deeds.
SITEA parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREAAll land area within the site as defined in the deed. Area shall be from an actual site survey rather than from a deed description.
SOLAR ACCESSA property owner's right to have sunlight shine on the owner's land.
SOLAR ENERGY SYSTEMAn energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition shall include the terms passive solar and active solar systems.
SOLAR GLAREThe effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
SOUNDAn oscillation in pressure, particle displacement, particle velocity or other physical parameter. See also "impulsive sound."
SOUND-LEVEL METERA device to measure sound levels of the quality the American National Standards Institute (ANSI) Si.4-1471 Type 2.
SPECIAL EXCEPTIONA use listed in §
450-404 may be permitted as a special exception in any district noted by the letter "S," provided the Zoning Hearing Board authorizes the issuance of a zoning permit, subject to the requirements of §§
450-405 and
450-1103 and such further restrictions that the Board may establish.
Areas where the average slope exceeds 8% and which, because of this slope, are subject to high rates of storm-water run-off and therefore, erosion.
STORYThat part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above such story.
STREETA public street, road, or highway which is legally open or officially platted by the Borough or a private street, road, or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. See also "major street or road" and "private road."
STREET CLASSIFICATIONThe streets of the Borough shall be classified as follows:
Collector Street | — | Pine Street |
Minor Collector | — | Maple Avenue |
Primary Streets | — | Bellevue Avenue (south of Winchester) Maple Avenue Winchester Avenue |
Secondary Streets | — | All others |
The dividing line between the street and the lot. It shall be the same as the legal right-of-way, except where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.
STRUCTUREAny man-made object having a discernible stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building, or lot development. The subdivision by lease of land for agricultural purposes, not involving any new streets, facilities, easement of access, or residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETEDWhere the Borough Engineer has determined that, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code) of those improvements required as a condition for final approval, have been completed in accordance with the approved plan and so that the project is able to be used, occupied or operated.
SWIMMING POOLA. Any pool which is used or intended to be used for swimming or bathing, over 18 inches in depth or with a surface area of 150 square feet or more. For purposes of this chapter, a swimming pool is considered a structure.
PRIVATE SWIMMING POOLA swimming pool on and accessory to a residential lot, which pool is used solely by the owner, occupant, family and friends of the owner or occupant, invited to use the pool without payment of fee. It shall include all structures, appurtenances, equipment and other facilities incidental to the operation of a pool.
TRAVEL TRAILERA vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation, and other short-term uses having a body width not exceeding eight feet and a body length not exceeding 32 feet. Also included within the definition of a travel trailer are boats, truck campers and motor homes.
USEAny activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
UTILITIESThose services customarily regulated, controlled or rendered by public utility corporations, municipalities, or governmental authorities, in the nature of electricity, gas, telephone, water, communications and sewers, including the appurtenances used in connection with the supplying of such services (buildings, pipes, poles and the like).
VARIANCEA deviation from specific provisions of this chapter granted to permit a deviation from the specific provisions of this chapter pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code and §
450-1102 of this chapter.
A coin-actuated device for dispensing merchandise, including, but not limited to, devices dispensing beverages, candy, tobacco products, toiletries, dairy products, ice or food, but specifically excluding service machines.
VETERINARY OFFICE OR HOSPITALA place where animals are given medical or surgical treatment. Use as a kennel shall be prohibited except for animals or pets undergoing medical or surgical treatment.
WATER COURSEA stream of water, river, brook, creek, and channels or ditches for water, whether natural or man-made.
WATER SUPPLY, PUBLICA "public water system" is any municipal water supply system or any private system dedicated to the public. Such systems shall include any existing private franchise area and the entire system; a water supply capable of supporting the entire development; or a standpipe or water storage system meeting Borough specifications.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough.
WETLANDSAreas inundated and saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, U.S. Forest Service Wetlands Inventory of Pennsylvania, Pennsylvania Coastal Zone Management Plan and wetland areas designated by the Delaware River Basin Commission or by the Borough Engineer.
WOODED AREAAreas, groves, or stands or mature or largely mature trees (i.e., greater that eight inches caliper) growing at a density of 10 individual trees or more covering an area of one quarter of an acre of land, or less.
YARDA. YARDAn open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
YARD SPACELandscaped areas immediately surrounding buildings or parking areas created primarily to meet setback and building spacing requirements, to provide landscaping, to control density by preventing crowding of buildings, and for the general use of the occupants of adjacent buildings.
ZONING CHANGEA change in the provisions of this chapter, including, but not limited to, categories of land use, housing types, or district boundaries.
ZONING OFFICERThe duly appointed municipal official designated by the Borough Council as the administering and enforcing officer for this chapter, or any duly designated assistants.
