As used in this chapter, the following terms shall have the meanings indicated in this section:
ABUTTINGParcels shall be considered to be abutting when they touch or their lot lines are directly across from easements, utilities, parks, watercourses, water bodies, natural features, or private rights-of-way.
ACCELERATED EROSIONThe removal of the surface of the land through the combined action of human activities and natural processes at a rate greater than would occur because of the natural processes alone.
ACCESSORY BUILDINGA building detached from, supportive of, and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY DWELLING UNIT (ADU)An accessory residential dwelling unit physically connected or attached to a principal single-unit or two-unit dwelling or connected or attached to an existing accessory structure such as a garage or carriage house. The ADU must be connected by at least one common wall or be structurally interdependent in some other way with the existing structure.
ACCESSORY STRUCTUREA structure detached from a principal building but located on the same lot. It serves a customarily incidental and subordinate use to the use of the lot as a whole or the principal building on the lot.
ACCESSORY USEA use customarily incidental and subordinate to the principal use and located on the same lot with such principal use or building.
AESTHETICThe perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.
AGRICULTURAL OPERATIONSThe production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man. These activities shall include, but are not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry animals and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, or any mutations or hybrids thereof, including the breeding and grazing of any and all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program; and establishments primarily engaged in supplying soil preparation services, crop services, horticultural services, veterinary and other animal services, and farm labor and management services. It does not include landscaping services.
AIR RIGHTSThe right to use space above ground level. Such rights are in the public domain above 200 feet above ground level.
AISLEThe traveled way by which cars enter and depart parking spaces.
ALLEYA minor public or private thoroughfare other than a side street, which affords only a secondary means of access to abutting property and not for general traffic circulation.
AMENITYA natural or created feature that enhances the aesthetic quality, visual appeal, or makes more attractive or satisfying a particular property, place, or area.
APPEALA means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter.
APPLICANTAn individual, including his or her heirs, successors and assigns, making application according to the regulations contained in this chapter, and whose signature appears on any application. The applicant must be the property owner or authorized agent.
APPLICATIONA. (Verb) The submitting of an application for permit or service in a complete state as determined by the Planning and Zoning Administrator.
(Noun) The document which an applicant completes, along with all supporting documents, exhibits, and plans required for development review purposes.
BERMA mound of earth, or the act of creating such a mound.
BLIGHTED AREAAn area characterized by deteriorating or abandoned buildings and meeting the specific requirements of the Pennsylvania Urban Redevelopment Law.
BLOCKA tract of land, a lot, or a group of lots bounded by streets, public parks, railroad rights-of-way, watercourses, and boundary lines of the City, non-subdivided land, other definite barriers, or by a combination of the above.
BUFFER AREAAn open area made available to physically separate two land uses. A buffer area exists laterally; it does not in and of itself include screening, fences, landscaping, or other treatments which exist on a vertical plane to provide additional separation between uses.
BUILDINGAny structure having a roof supported by columns, walls, arches, or other devices and intended for the shelter, housing, or enclosure of persons, animals, vehicles, or chattels. This definition includes covered porches, carports, and similar features.
BUILDING ENVELOPEThe three-dimensional space within which a structure is permitted to be built on a lot. The extent of a building envelope is defined by height and setback regulations.
BUILDING FOOTPRINTThe area of ground hidden by a building when the building is viewed from directly above.
BUILDING HEIGHTThe vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.
BUILDING LINEA line parallel to the street line touching that part of the building that is closest to the street.
BUILDING SETBACK LINEThe line within a property, parallel to and defining the required minimum distance between the foremost part of any building and the adjacent right-of-way or property boundary line.
BUILDING, COVERAGEThe total square feet of lot area that is covered by the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps taken on a horizontal plane at the mean grade level.
BUILDING, FRONTAGEA side of a building that faces any street to which the lot on which the building is located is adjacent.
BUILDING, PRINCIPALThe building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and buildings housing other clearly accessory uses shall not be considered principal buildings.
BUILT ENVIRONMENTArtificially created fixed elements, such as buildings, structures, devices, and surfaces, that together create the physical character of an area.
BUS SHELTERA small, roofed structure, usually having three walls, located near or on a street and designed primarily for the protection and convenience of bus passengers.
CALIPERThe diameter of a tree trunk measured at 4' 0" above the ground.
CAMPGROUNDAny portion of land used for the purpose of providing a space or spaces for trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting, or occupancy of such space.
CAMPUSThe grounds and buildings of an institution, educational facility, or business park.
CARTWAYThe portion of a street right-of-way, paved or unpaved, intended for vehicular traffic.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
CEMETERYLand used or intended to be used for the burial of the dead and dedicated to cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
CENTER LINEThe projected line running exactly halfway between and parallel to the right-of-way lines of a street.
CESSION DEEDThe conveyance to a local government body of private property street rights.
CITYAltoona, Pennsylvania.
COMMERCE PARKA tract of land that has been planned, developed, and operated as an integrated facility intended for a number of nonretail professional, business, personal, and other service uses, with special measures for traffic circulation, parking, utilities, and compatibility.
COMMERCIAL BUILDINGA building whose principal use is a commercial use. A building with a store on the first floor and apartments on the upper floors is a commercial building.
COMMON OPEN SPACEA parcel or parcels of land, an area 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 of the development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMMON OWNERSHIPOwnership by one or more individuals in any form of ownership of two or more contiguous lots.
COMPREHENSIVE PLANWhen capitalized, the Comprehensive Plan for Altoona, as it may be amended from time to time. Otherwise, a plan plus any amendments or any of its component parts for the development of a county or municipality, providing the continuing orderly development of the municipality. The plan includes such elements as a statement of community development objectives, plans and policies for land use, housing, transportation, community facilities and utilities, and strategies for plan implementation.
CONDOMINIUMOwnership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices, and other types of space in commercial and industrial buildings or on real property.
CONDUCT BUSINESSAny person who does any one or more of the following shall be deemed to be conducting business:
A. Operates a cash register, cash drawer or other depository on the premises where cash funds or records of credit cards or credit card transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept.
Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises.
Delivers or provides to any customer any merchandise, goods, entertainment or other services on or from the premises.
Acts as a door attendant to regulate the entry of customers or other persons into the premises.
Supervises or manages other persons in the performance of any of the foregoing activities on the premises.
COUNTYBlair County, Pennsylvania.
COVERAGESee "building, coverage" and "lot, coverage."
CROSSWALKA right-of-way, municipally or privately owned, intended to provide access for pedestrians.
CUL-DE-SACA street having one end open to traffic and being permanently terminated by a vehicular turnaround.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations.
DEDICATIONThe deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DENSITYThe cumulative measure of the average number of items in a specific space.
DEPARTMENTGenerally, the Altoona Planning and Community Development Department; however, other City departments may be referred to in this manner when the context is appropriate.
DESIGN CONTINUITYA unifying or connecting theme or physical feature for a particular setting or place.
DESIGN CRITERIAA. Engineering guidelines specifying construction details and materials.
Objectives, results, or limits which must be met by a facility, structure, or process in performance of its intended functions.
DESIGN FITContinuity in a scale, quality, or character between new and existing development to avoid abrupt or severe differences.
DETENTION BASINA stormwater management facility designed to temporarily hold runoff and release it at a controlled rate to reduce downstream flooding and erosion. Detention basins do not permanently retain water; they fill during storm events and gradually drain over time through an outlet structure. These basins are commonly used in site development to meet stormwater regulations and protect water quality.
DETERMINATIONFinal action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except City Council, the Zoning Hearing Board, and the Planning Commission.
DEVELOPERThe person, persons, or any corporation, partnership, association, or other entity or any responsible person therein or agent therefor that undertakes the activities associated with changes in the built or human environment. The term "developer" is intended to include but not necessarily be limited to the terms "subdivider," "owner," and "builder" even though the individuals involved in successive stages of a project may vary.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of streets and other paving; any activity affecting stormwater runoff characteristics; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLANThe provision for development including a plat, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development.
DRAINAGE AREAA. The area of a drainage basin or watershed, expressed in acres, square miles, or other unit of area. Also called "catchment area," "watershed," "river basin."
The area served by a sewer system receiving stormwater and surface water or by a watercourse.
DRAINAGE EASEMENTA right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
DRAINAGE FACILITYAny ditch, gutter, culvert, storm sewer or other structure designed, intended, or constructed for the purpose of carrying, diverting, or controlling surface water or groundwater.
DRIVEWAYA private vehicular passageway providing access between a street and a private parking area or private garage.
DWELLING or DWELLING UNITAny structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
A. ATTACHEDA one-family dwelling physically attached to two or more one-family dwellings by common vertical walls.
B. DETACHEDA dwelling that is not physically attached to any other dwelling by any means.
D. DUPLEXA residential structure divided into two dwelling units.
E. ROW HOUSE or TOWNHOUSEA single-family dwelling unit 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 any other unit by one or more vertical common fire walls.
F. MULTIFAMILYA building containing three or more dwelling units.
(1) APARTMENTOne or more rooms with a private bath and kitchen facilities, comprising an independent, self-contained dwelling unit.
(2) EFFICIENCYA dwelling unit consisting of not more than one habitable room, together with kitchen facilities and sanitary facilities.
(6) UPPER FLOORDwellings which exist entirely above ground level, with the exception of necessary entrances.
G. CONVERSION APARTMENTTwo or more dwelling units installed into a structure which was originally built as a single-family detached dwelling.
EARTHMOVING ACTIVITYA construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision, development, mineral extraction, and the moving, depositing, or storing of soil, rock or earth.
EASEMENTThe grant of one or more property rights by the property owner to and/or for use by the public, a corporation, an entity, or a person or persons.
ELEVATIONAn elevation measured from a datum plane. For the purpose of this chapter, all elevations are referenced to the National Geodetic Vertical Datum of 1929 (NGVD) based on mean sea level.
ELEVATION PLAN OR VIEWA plan view of a building drawn as it would appear if the viewer were looking at the building across a horizontal plane standing at ground level.
EMINENT DOMAINThe authority to acquire or take, or to authorize the taking of, private property for public use or public purpose.
ENCROACHMENTAny structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any watercourse, floodway or body of water, or intrudes within established regulatory or ownership boundaries.
EROSIONWearing away of the lands by running water, glaciers, winds and waves.
EROSION AND SEDIMENTATION CONTROL PLANA plan for a project site which identifies best management practices to minimize accelerated erosion and sedimentation resulting from the removal of the surface of the land through the combined action of man's activities and natural processes.
EROSION CONTROLThe application of measures to reduce erosion of land surfaces.
EXCAVATIONAny act by which earth, sand, gravel, rock, or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed. It shall include the conditions resulting therefrom.
EXISTING GRADEThe elevation of the ground surface in its natural or pre-construction state, prior to any grading, excavation, or development activities. Existing grade is typically used as a reference point for measuring changes to a site, calculating allowable building height, and assessing the impact of proposed development on the surrounding terrain.
FACADEThe exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FENCEAn artificially constructed barrier of any material, including vegetation, or combination of materials erected to enclose, screen, or separate areas. Screening, vegetative or otherwise, required by this chapter shall not constitute a fence.
FINANCIAL SECURITYAny form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit and restrictive or escrow account's from federal- or commonwealth-chartered lending institutions, in an amount and form satisfactory to the Planning and Zoning Administrator and to be used wherever required by these regulations. (See Ch.
535, Part
9.)
The linear distance which a property line runs coincident with a street right-of-way line. Frontage may be measured from any abutting street, but all required frontage must be measured from the same street. The street from which frontage is gained need not be the street to which the structure(s) on the lot are faced. Frontage cannot be gained from alleys, driveways, or elevated or buried roadways.
FRONTAGE ROADMinor collector streets parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with an arterial street.
GENERAL PUBLICAny and all individuals, without any prior qualifications.
GRADEThe slope of ground, street, or other public way, specified in percentage of change in elevation per horizontal distance; the act of altering the topography of undisturbed land.
GRADE, FINISHEDThe final elevation and contour of the ground surface after all earthwork, grading, and construction activities have been completed. Finished grade is used to measure building height, determine drainage patterns, and ensure compliance with zoning and site development standards. It represents the surface level of the ground as it will exist once construction is finalized.
HEARINGAn administrative proceeding conducted by a board.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
HUMAN SCALEThe proportional relationship of a particular building, structure, or streetscape element to the human form and function.
IMPACT FEEA fee imposed on a development to finance the cost of improvements to services and infrastructure necessary to accommodate the development and its effects.
IMPERVIOUSNot allowing or allowing only with great difficulty the movement of water; impermeable.
IMPROVEMENTSAny physical addition or installation or construction required by the City to render land suitable for the use intended and including, but not limited to, streets, curbs and gutters, sidewalks, street signs and lights, walkways, sewer and water facilities, monuments and markers, grading, and stormwater drainage facilities.
LAND DEVELOPMENTThe improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving any activity enumerated in Article
V or as otherwise defined in the Municipalities Planning Code.
Any activity involving the changing, grading, transportation, fill and any other activity which causes land to be exposed to the danger of erosion.
LAND SURVEYINGThe location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any lot right-of-way, easement, or alignment. This process shall include the principles of land surveying; determination of the position of any monument or reference point that marks a property line, boundary, or corner; setting, resetting, or replacing any such monument or individual point, including the writing of deed descriptions. This process shall also include the determination of elevations and topographic surveys. Land surveying shall be practiced by a surveyor or engineer registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying.
LANDLOCKEDAny lot or parcel without any access to the public roadway system.
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 or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPEA. An expanse of natural scenery.
Lawns, trees, plants, rocks, wood chips, and decorative features such as sculptures, patterned walks, fountains, and pools.
LANDSCAPE PLANA detailed, scaled drawing submitted as part of a zoning or development application that illustrates the proposed arrangement of plantings, groundcovers, trees, and other landscape features on a site. The landscape plan typically includes the location, type, and size of vegetation; irrigation methods; screening elements; and compliance with applicable landscaping, buffering, and site design standards. Its purpose is to ensure that new development contributes to the visual quality, environmental sustainability, and compatibility of the site with surrounding uses.
LOADING BERTH(S)A space utilized for the loading or unloading of cargo, products, or materials from vehicles.
LOTA parcel of land occupied by, or which may be occupied by, a building and/or an accessory building, and including the yards and other open spaces required by this chapter for the land, shown by deed as a separate lot or parcel. Land called out as separate parcels on the same deed shall be considered separate lots.
LOT AREAThe total area within the lot lines.
LOT AVERAGINGA design technique permitting one or more lots in a subdivision to be undersized, providing the same number of lots in the same subdivision are oversized by an equal or greater area. The desired effect is to have the average size of all the lots in the subdivision meet or exceed the minimum lot dimensions for the zone in which it is located.
LOT COVERAGEThat percentage of the parcel or lot area that is covered by the buildings, pools, and roofed accessory structures.
LOT LINEA line of record bounding a lot that divides it from an adjacent property, street, right-of-way, or public space.
LOT OF RECORDA lot that exists as shown or described on a plat, subdivision or deed in the records of the local Recorder of Deeds.
LOT WIDTHThe distance between side lot lines as measured at the setback line.
LOT, CONFORMINGAn occupied or unoccupied lot whose area and dimensions meet the requirements of the zoning district in which it is located.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads, or at the point of abrupt change of a single street or private road, where the interior angle is less than 135°.
LOT, DEPTHThe distance between the front lot line and rear lot lines, measured perpendicularly to the right-of-way line at the center point between the two side lot lines.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on an arterial and a minor street, with vehicular access solely from the latter.
LOT, THROUGHA lot that fronts on two streets that do not intersect at the boundaries of the lot.
LOWER-FLOOR COMMERCIALA facility, usually in a residential zone, where the primary residential use is located above the ground floor, leaving the lower floor(s) for commercial use. This commercial use is subordinate to the residential use of the property, and usually, though not always, serves the residents above.
MAJOR SITE PLANMajor site plans shall be defined as land developments that include:
A. Residential site plans with 10 or more dwelling units.
Commercial, industrial, mixed-use, institutional and/or all other uses with a proposed structure(s) greater than 5,000 SF (gross) and site improvements (e.g., grubbing/grading, etc.) greater than 15,000 SF.
New or expanded areas of pavement or other impervious surfaces (such as concrete or asphalt) greater than 7,500 square feet.
MAJOR SUBDIVISIONMajor subdivisions shall be defined as "no impact" subdivisions that include:
A. Six or more residential lots; or
One or more nonresidential lots (e.g., commercial, industrial, mixed-use, institutional, etc.); or
Planned residential developments; or
Traditional neighborhood developments.
MARKERA concrete, wood or metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots.
MINOR SITE PLANMinor site plans shall be defined as "low impact" land developments that include:
A. A residential project with between two and nine dwelling units.
Commercial, industrial, mixed-use, institutional and/or all other uses with a proposed structure(s) of 5,000 square feet (gross) or less and site improvements or land disturbance (e.g., grubbing/grading, etc.) up to 15,000 square feet.
New or expanded areas of pavement or other impervious surfaces (such as concrete or asphalt) ranging in size from 3,500 to 7,500 square feet.
The application does not include any requests for waivers or exceptions from the requirements of this chapter.
MINOR SUBDIVISION"Minor subdivisions" shall be defined as subdivisions that include one to five residential lots (including a lot line adjustment creating an additional lot and/or the consolidation of two or more lots into a single lot) if all of the following criteria are met:
A. Every lot to be created or altered has the frontage required by zoning on:
(2) An unbuilt street, for which surety is posted, that is shown on a subdivision plan approved by the City of Altoona within the five-year period immediately preceding the date of application; or
A private street in existence before July 24, 2003, which, in the opinion of the Planning and Zoning Administrator, is of suitable grade and construction to provide adequate access and municipal services to every lot therein.
Every lot to be created or altered has the minimum area required by zoning.
Existing water and sewer utilities are adequate to service all lots to be created or altered.
The proposed subdivision will not require the creation of any new municipal infrastructure or additional services.
All lots proposed or altered by the plan are located in the same zoning district.
The parcel has not been subdivided within the prior five years.
MIXED-USE DEVELOPMENTThe development of a tract of land, building, or structure with a variety of complementary and integrated uses in a compact urban form.
MOBILE HOMEA transportable, residential structure intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Also, a site containing spaces with required improvements and utilities that are leased for the long-term placement of mobile homes and that might include services and facilities for the residents.
MONUMENTStone or concrete monument of known coordinates, established by professional land surveyors, and utilized to locate property lines.
NEIGHBORHOODAn area of a community with characteristics that distinguish it from other areas of that community, and which may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers (e.g., major highways, railroads, and natural features such as rivers).
NONCONFORMING BUILDINGA structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements.
NONCONFORMING LOTA lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements.
OFF-SITE PARKINGParking provided for a specific use but located on a parcel other than the one on which the specific use is located.
ON-SITE STORMWATER MANAGEMENTThe control of runoff to allow water falling on a given site to be absorbed or retained on site to the extent that, after development, the peak rate of discharge leaving the site is not significantly different than if the site had remained undeveloped.
OPEN SPACEThat space open from the ground to the sky of which 80% must be vegetative material.
OPEN SPACE RATIOTotal area of open space divided by the total site area in which the open space is located.
OUTDOOR STORAGEThe keeping of any goods, junk, material, merchandise, or vehicles in the same area for more than 24 hours.
PARKING AREAAny public or private area, under or outside of a building or structure, designed and used for parking motor vehicles. This term includes parking lots, garages, private driveways, and legally designated areas of public streets.
PARKING AREA, PRIVATEA parking area for the exclusive use of the owners, tenants, lessees, customers, employees, or occupants of either the lot on which the parking area is located or the business situated on that lot.
PARKING LOTAny place, lot, parcel, or yard used in whole or in part for storing or parking six or more motor vehicles, where a storage or parking fee is charged or where the lot is operated in connection with or for the use of the customers of a retail store, theater, or any commercial, industrial, or institutional use.
PARKING SPACEA space for the parking of one motor vehicle within a public or private parking area or on a dedicated street.
PERMITWritten governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such an authorization.
PERMITTEE and/or LICENSEEA person in whose name a permit and/or license has been issued. This person is also the individual listed as an applicant on the application for a permit and/or license.
PERSONAn individual, partnership, sole proprietorship, public or private association or corporation, firm, trust, company, corporation, estate, municipality, government unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLAN, FINALA complete and exact development plan prepared for official recording as required by statute; a final plat.
PLAN, SKETCHAn informal optional submission preparatory to the preliminary plan, showing the general intent of the applicant.
PLANNING AND ZONING ADMINISTRATORA professional planner employed by the City as Altoona and designated as the Planning and Zoning Administrator or a qualified person designated by the Director of Planning and Community Development.
PLATA map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
PLAYGROUNDAn active recreational area with a variety of facilities, including equipment for younger children, court games, and field games.
PLAZAA new development or existing single structure designed to be occupied by multiple retail businesses or business offices primarily through floor space rental or lease agreements. A group of retail establishments planned, constructed, and managed as a total entity with customer and employee parking provided on site, provision of goods' delivery separated from customer access, and protection from the elements via a canopy or other enclosure.
PRIVATE ROADA legally established right-of-way, other than a street, which provides the primary vehicular access to a lot or lots, and is privately maintained.
PROPERTYA lot, parcel, or tract of land, as well as the building and structures located thereon.
PROPERTY LINE CHANGEA change in lot lines between two adjacent lots of record which does not involve the creation of a third new lot nor the elimination of one of the lots.
PROPERTY MERGERThe elimination of a property line between two lots to create one lot from the original two. Such action requires approval under this chapter.
PUBLIC GROUNDSA. Parks, playgrounds, trails, paths, and other recreational areas and other public areas.
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the appropriate agency, intended to inform and obtain public comment, prior to taking action on a matter before the agency.
PUBLIC IMPROVEMENTSPermanent and temporary access roadways and appurtenances, rights-of-way, erosion and sedimentation control facilities, stormwater management facilities, public sanitary sewerage system, lighting, parking, and any other facility intended to be used by and/or for the benefit of the public.
PUBLIC MEETINGA forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
QUIT CLAIMA legal document conveying interest, not property, between parties.
RESERVE STRIPA parcel of ground separating a street from other adjacent properties or from another street, which shall prevent a street from being connected or extended across property lines.
RETAINING WALLA structure designed and constructed to resist the lateral pressure of soil or other materials when there is a change in ground elevation. Retaining walls are typically used to stabilize slopes, prevent erosion, and create level areas on sloped sites. They may be constructed of concrete, masonry, stone, timber, or other durable materials and are often subject to height limits and design standards in zoning and building codes.
RETENTION PONDA stormwater management facility designed to collect and permanently retain runoff from rainfall or snowmelt. Unlike a detention basin, a retention basin does not have an outlet for controlled discharge; instead, water infiltrates into the ground or evaporates over time. Retention basins are often used to promote groundwater recharge, reduce downstream flooding, and improve water quality by allowing sediments and pollutants to settle.
RIGHT-OF-WAYA. A strip of land that is acquired by reservation, dedication, forced dedication, prescription, or condemnation, and is intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil pipeline, gas pipeline, waterline, sanitary sewer line, storm sewer line, and/or other similar use:
Generally, the right of one to pass over the property of another.
SCREENINGA vegetative material, landscaping, or opaque fencing of sufficient height and density to filter adequately from the adjacent properties light, noise, odors, and the views of the structures and uses on the premises upon which the landscaping, vegetative material, or fence is located.
SEDIMENTMineral or organic solid material that is being transported or has been moved from its site of origin by air, water or ice and has come to rest.
SEDIMENT BASINA barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water.
SEPTIC TANKA watertight receptacle which receives sewage or industrial wastes and is designed and constructed to provide for sludge storage, sludge decomposition, separating solids from liquids through a period of detention before allowing the liquid to be discharged.
SETBACKThe distance that must be maintained between all parts (except for walks and steps) of all buildings (except permitted accessory uses as stipulated) and a specified lot line or publicly held right-of-way.
SETBACK LINEThe line within a property defining the required minimum or maximum distance between any building to be erected and the adjacent property line.
SHADE TREEA tree in a public place, street, special easement, or right-of-way adjoining a street, as provided in these regulations.
SIGHT DISTANCEThe required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point 10 feet from the edge of a cartway, 3 1/2 feet high, to a point 3 1/2 feet above the road surface.
SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a distance of 50 feet from the intersection of the street center lines.
SIGNAny object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Signs are considered accessory structures or uses on a lot.
STABILIZATIONNatural or mechanical treatment of a mass of soil or ground area to increase or maintain its stability and ensure its resistance to erosion, sliding, or other movement.
STREETA right-of-way, including cartway, sidewalk space, and planting space, if any, which affords the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place, or other appropriate name. Types of streets are:
A. EXPRESSWAYThose highways whose primary function is to move traffic with little or no land service and to accommodate large volumes of relatively high-speed traffic. Usually, a high degree of access control is provided with few, if any, intersections at grade.
B. ARTERIAL STREETSThose streets whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on a collector and minor street.
C. COLLECTOR STREETSThose streets which, in addition to providing access to abutting properties, collect traffic from minor streets and provide routes to community facilities and the arterial street system.
D. FEEDER STREETA class of street which primarily provides access to abutting properties and secondarily collects traffic and directs it into collector and arterial class streets.
E. LOCAL STREETSThose streets used primarily to provide access to abutting properties, including but not limited to cul-de-sac and marginal access streets.
F. FRONTAGE ROADMinor streets parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with arterial street.
G. ALLEYA minor public or private thoroughfare other than a side street, which affords only a secondary means of access to abutting property and not for general traffic circulation.
STREET, IMPROVEDA strip of land in a dedicated right-of-way or formal easement which contains such improvements to provide proper access to and from abutting properties as well as any other properties which require its use for access. Generally, a street is considered improved if it is public or if it has been constructed to the standards set forth by the Planning and Zoning Administrator under the procedure in Article
V, Determination of Adequate Access to Land.
Those streets not officially dedicated and/or accepted by the City.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not directly 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; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SURVEYORAn individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying. A surveyor shall not perform engineering as defined by this chapter, unless the surveyor is also a registered engineer.
TEMPORARY OCCUPANCYOccupancy of a campground or organized camp for no more than six months in any consecutive 12-month period.
TEMPORARY USEA use of a limited duration that is to be discontinued after the expiration of a time period.
TENTA portable lodging unit usually made of skins, canvas, plastic, or strong cloth stretched and usually sustained by poles, and dependent upon separate toilet and lavatory facilities.
TOPOGRAPHIC MAPA map showing the elevations of the ground by contours or elevations, including all existing topographic features such as streams, roads, streets, existing facilities, and improvements, as specified herein.
TOPSOILSurface soil and subsurface soil which presumably is fertile soil and ordinarily rich in organic matter or humus debris.
TRADITIONAL NEIGHBORHOOD DEVELOPMENTDevelopment that emphasizes walkable, mixed-use communities with a design inspired by towns and neighborhoods built before the rise of car-centric suburban sprawl.
TRANSFER OF OWNERSHIP OR CONTROLIncludes any of the following:
A. The sale, lease or sublease of the property or business:
The transfer of securities which constitute a controlling interest in the property or business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device which transfers ownership or control of the property or business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
UTILITYAny agency that provides the public with electricity, gas, heat, water, sewer, communications, and transportation. Includes public utilities, though not all services included within this definition are public utilities.
VARIANCEA discretionary authorization that allows a property owner to deviate from specific requirements of the zoning ordinance due to unique circumstances or conditions affecting the property. A variance may be granted when strict application of the code would create unnecessary hardship or practical difficulties, provided the relief does not adversely affect neighboring properties or the public interest. Variances do not permit a change in land use and are typically limited to dimensional or physical standards (e.g., setbacks, height, or lot coverage).
WALLThe vertical exterior surface of a building. Also, the vertical interior surfaces that divide the space within a building into rooms.
WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITYA system for supplying and distributing water from a common source to two or more dwellings and other buildings within a subdivision, neighborhood, or whole community, the total system being publicly or privately owned.
WETLANDThose areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns, and similar areas.
WINDOWAn opening in an exterior wall, other than a door, which provides all or part of the required natural light, natural ventilation, or both, to an interior space.
YARDAn open space that lies between the principal building or buildings and the nearest lot line.
YARD, FRONTThe area between the front lot line and the principal building(s).
YARD, REARThe area between the rear lot line and the principal building(s).
YARD, SIDEThe area between a lot line which is not coincident with any right-of-way line and the principal building(s).
ZERO LOT LINEThe location of a building on a lot in such a manner that one or more of its walls rest directly on a lot line.