Unless otherwise expressly stated, the words
and phrases listed in this article shall be construed throughout this
chapter to have the meanings indicated herein. The present tense includes
the future; the singular number includes the plural, and the plural
the singular; the masculine gender includes the feminine and neuter;
the word "used" includes the words "designed, arranged or intended
to be used"; the word "person" includes any individual, partnership,
firm, association, corporation or organization; the word "occupied"
includes the words "designed or intended to be occupied"; the word
"may" is permissive; and the word "shall" or "must" is always mandatory.
The word "Borough" means Downingtown Borough, Chester County, Pennsylvania;
the term "Borough Council" or "Council" means the Borough Council
of Downingtown Borough; the term "Zoning Hearing Board" means the
Zoning Hearing Board of Downingtown Borough; and the term "Planning
Commission" means the Planning Commission of Downingtown Borough.
When terms, phrases or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
As used in this chapter, the following terms
shall have the meanings indicated:
An intentional and absolute relinquishment and cessation
of a use with no intention to resume such use.
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
Activities which involve the raising of food, plants, poultry
and livestock, including but not limited to crop production and nurserying.
A right-of-way, owned and maintained by the Borough, which
serves as a secondary means of access to two or more lots.
Any exterior apparatus designed for the sending and/or receiving
of electromagnetic waves for telephonic, radio, television or personal
wireless services. For the purposes of this chapter the term "antenna"
does not include any tower and antenna under 50 feet in total height
which is owned and operated by an amateur radio operator licensed
by the Federal Communications Commission, any device designed for
over-the-air reception of radio or television broadcast signals, multichannel
multipoint distribution service or direct broadcast satellite service
or any cable television head end or hub towers and antennas used solely
for cable television services.
[Added 4-21-1999 by Ord. No. 99-5]
A retail establishment where goods of an antiquarian nature
are sold. Such shop offers items for sale that are considered to be
of collectible, heirloom or heritage value due to their age, scarcity,
significance, or artistic quality.
[Added 5-16-2007 by Ord. No. 2007-05]
See "dwelling or dwelling unit."
A landowner or developer, including his heirs, successors
and assigns, who has filed an application for subdivision or land
development.
A colonnade with arched openings.
[Added 7-18-2007 by Ord. No. 2007-06]
A facility used for major repairs to the bodies and frames
of automobiles and other motor vehicles, including spray painting,
but not including the sale of gasoline, oil, diesel or other motor
fuels.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, the one-hundred-year flood.
The one-hundred-year-flood elevation. Within the approximated
floodplain, the base flood elevation shall be established as a point
on the boundary of the approximated floodplain which is nearest to
the site in question.
An enclosed portion of a building located partly underground, but having less than 50% of its clear floor-to-ceiling height below the average grade of the adjoining exterior ground level. It shall be considered a building story if more than 33 1/3% of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area. For purposes of § 287-12 concerning floodplain management, the term means any area of the building having its floor subgrade (below ground level) on all sides.
[Amended 11-6-1996 by Ord. No. 96-16]
A use accessory to an owner-occupied, single-family detached
dwelling, consisting of guest rooms available for short-term, overnight
rental and the provision of breakfast service to overnight guests.
A vehicle having a seat, handlebars for steering, brakes,
and two pedals or two pedals and a small electric assist motor by
which it is propelled. The term "bicycle" includes one-, two- and
three-wheeled vehicles, including handicap vehicles but not tricycles
for children.
[Added 9-6-2017 by Ord.
No. 2017-04]
A street corridor treatment that prioritizes and enhances
bicycle travel via traffic-calming measures, signs, pavement, markings,
and crossing improvements.
[Added 9-6-2017 by Ord.
No. 2017-04]
Designated travel lanes within the cartway or along the road
shoulder for exclusive use by bicyclists. Bike lanes typically involve
a combination of supplemental indicators, including, but not limited
to, "Share the Road" signs, sharrows, and other pavement markings.
[Added 9-6-2017 by Ord.
No. 2017-04]
A fixture to facilitate bicycle parking to which bicycles
can be securely attached (typically using a bicycle lock) to prevent
theft.
[Added 9-6-2017 by Ord.
No. 2017-04]
A vertically oriented sign hung from, and perpendicular to,
a facade so that it may be read by pedestrians on the sidewalk.
[Added 7-18-2007 by Ord. No. 2007-06]
A unit of land in an area bounded by streets on its sides.
[Added 7-18-2007 by Ord. No. 2007-06]
A strip of required yard space adjacent to a use or facility
within a property or to the boundary of a property or district on
which is located a visual barrier of sufficient height and density
to appropriately limit views of the property or use.
A structure or combination of materials to form a permanent
structure having walls and a roof, which is used to shelter human
or animal activity and/or for the enclosure or storage of goods and
materials. Any mobile or manufactured home, trailer or similar structure
constructed off site prior to placement on the ground also is a building.
[Amended 11-15-2006 by Ord. No. 2006-06]
The relation of the total ground floor area of all buildings
on a lot to the area of the lot on which they are located.
The longest horizontal dimension of a building, drawn along
the building center line.
A structure in which is conducted, designed to be conducted
or intended to be conducted the primary use of the lot on which it
is located.
The line which establishes the depth of the front yard sufficient
to provide for the minimum lot width or to provide for the minimum
front yard requirements, whichever is closer, for the particular district
as measured from the street line.
The line to which buildings are required to be built on their
lot; no setback is permitted from it. The build-to line for each lot
is governed by frontage condition and build-to line plan. Existing
structures or structures that do not face a street are exempt from
compliance with the build-to line.
[Added 5-16-2007 by Ord. No. 2007-05; 7-18-2007 by Ord. No. 2007-06]
The height and size of buildings or other structures and
their relationship to each other; to open areas, such as yards and
open spaces; and to lot lines, and the relationship of the number
of dwelling units in a residential building to the area of the lot.
A pedestrian amenity located at a bus stop to provide convenience,
comfort and shelter from the elements in the form of a structure such
as a canopy.
[Added 9-6-2017 by Ord.
No. 2017-04]
A commercial establishment like a coffee shop or tearoom
at which food and beverages are sold. Such facility is typically smaller
than a restaurant.
[Added 5-16-2007 by Ord. No. 2007-05]
A building or portion thereof which contains facilities,
including but not limited to automatic and/or self-service, for washing
and cleaning motor vehicles, using either production-line methods
with a conveyor, blower and other mechanical devices or using limited
mechanized equipment and employing hand labor.
An enclosed portion of a building located partly or wholly
underground and having 50% or more of its clear floor-to-ceiling height
below the average grade of the adjoining exterior ground level.
The vertical infrastructure of a mixed-use development comprised
of features such as pavilions, pergolas, benches, sculpture gardens,
fountains, monuments and the like, are installed and maintained.
[Added 5-16-2007 by Ord. No. 2007-05]
A meeting hall, fire station, mail facility, school, church,
library or other like-type place that is a community facility.
[Added 5-16-2007 by Ord. No. 2007-05]
The felling of all trees on a tract of land or any portion
thereof at one time.
A building used by an organization catering to members and
their guests, having as its primary purpose fraternal, social, educational
or charitable group activities.
A covered passage way supported by columns and lintels open
to the street with rectangular openings.
[Added 7-18-2007 by Ord. No. 2007-06]
Any use of land or buildings that is subject to the regulations
contained in Ch. 109, Building Construction.[1] Such uses are primarily, but not exclusively, commerce,
industry and multifamily residential.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
[Added 11-15-2006 by Ord. No. 2006-06]
Real estate, portions of which are designated for separate
ownership, i.e., a unit, and the remainder of which is designated
for common ownership solely by the owners of those portions designated
for separate ownership. Real estate is not a condominium unless the
undivided interests in the common elements are vested in the unit
owners.
[Added 7-18-2007 by Ord. No. 2007-06]
Provision of stormwater management by enhancement of natural
wetlands and integration of natural wetlands into the overall plan
for stormwater management.
[Added 7-18-2007 by Ord. No. 2007-06]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of a mobile home.
See "nursing home."
The creation of two dwelling units within an existing single-family
detached dwelling, with the resulting units each having independent
kitchen, bath and sleeping facilities.
A small commercial building that is less than 1,500 square
feet in gross floor area which is located on the corner of two intersecting
streets, in which the sale of retail items is offered for the convenience
of the neighborhood within a ten-minute walk of the facility.
[Added 5-16-2007 by Ord. No. 2007-05]
A public right-of-way, identified by signs, lighting and
pavement markings, for pedestrian travel across a roadway or traffic
aisle at an intersection or any portion of a block to provide safe
pedestrian access to adjacent roads, lots, parking areas, sidewalks
or public use areas.
[Added 9-6-2017 by Ord.
No. 2017-04]
A local street intersecting another street at one end and
terminated at the other end by a permanent vehicular turnaround.
Land and buildings where daytime care or instruction is provided
for more than six but fewer than 50 individuals, including staffed
professional supervision necessary to serve such purpose.
The diameter of a tree at breast height, usually measured
3.5 feet from the ground surface.
The area of the lot or tract, as defined by this chapter,
divided by the total number of dwelling units, expressed in units
per acre.
Any landowner, agent of such landowner or tenant with the
permission from a landowner who makes or causes to be made the improvements
associated with any use or activity permitted by this chapter or with
any approved subdivision or land development.
Any 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 manufactured and/or mobile homes; streets and other
paving; utilities; filling; grading and excavation, mining; dredging
or drilling operations; and the subdivision of land and the storage
of materials or equipment.
[Amended 11-6-1996 by Ord. No. 96-16; 11-15-2006 by Ord. No. 2006-06]
The dooryard is the area between the street building line
and the public sidewalk. Plantings, porches, lead walks, and stoops
commonly occur within this area.
[Added 7-18-2007 by Ord. No. 2007-06]
See "dwelling or dwelling unit."
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, for occupancy by only one family,
including any domestic servants living or employed on the premises,
with no enclosed space, other than vestibules, entrance or other hallways
or porches, in common with any other dwelling unit. "Dwellings" may
be classified as follows:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
TWO-FAMILYA building containing two dwelling units limited to twin or duplex:
[Amended 3-5-1997 by Ord. No. 97-2]
MULTIFAMILYA building containing three or more dwelling units, including but not limited to four-family dwellings (fourplex, quadraplex), townhouses (single-family attached) and apartment buildings:
FOUR-FAMILY DWELLING (FOURPLEX, QUADRAPLEX)A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units and open space on two nonparallel sides.
TOWNHOUSE (SINGLE-FAMILY ATTACHED)A building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open space to the front and rear (internal units) or front, rear and one side (end units).
APARTMENTA building containing three or more dwelling units separated by party walls which may have more than one dwelling unit from ground to roof and common outside accesses.
TRADITIONAL NEIGHBORHOOD TOWNHOUSE MULTIPLEX (SINGLE-FAMILY ATTACHED)A building containing dwelling units, separated by parallel party walls at grade level, and nonparallel party walls above grade level, each dwelling unit of which has independent outside access, open space on at least one side, rear-accessed garage parking, extends from ground to roof, and is developed in accordance with traditional neighborhood development patterns as defined in § 256-7 of Chapter 256, Subdivision of Land.
[Added 2-2-2005 by Ord. No. 2005-4]
TRADITIONAL NEIGHBORHOOD MULTIPLEX (SINGLE-FAMILY ATTACHED)A building containing dwelling units separated by parallel party walls at grade level, and parallel or nonparallel party walls above grade level, each dwelling unit of which has independent outside access, open space on at least one side, and rear-accessed garage parking, may contain one, two or three stories per unit, and is developed in accordance with traditional neighborhood development patterns defined in § 256-7 of Chapter 256, Subdivision of Land. For applicable area and bulk regulations, see the Kardon Park Redevelopment District ordinance.[2]
[Added 4-15-2009 by Ord. No. 2009-02]
A permanent right granted for limited use of private land,
normally for a public purpose (e.g., utility, drainage, public access).
The owner of the property shall have the right to make any other use
of the land which is not inconsistent with the rights of the grantee.
A legal agreement between a property owner and an appropriate
conservation organization or governmental entity through which the
property owner establishes certain use restrictions over all or portions
of the property for conservation purposes.
Land or building(s) used for the establishment and maintenance
of a public or private college, secondary or elementary school or
other educational institution for academic, moral or spiritual pursuits
or the development of physical or manipulative skills, excluding spas
or similar commercial activities.
An addition to the floor area of an existing building, an
increase of size of another structure or an increase in that portion
of a lot occupied by an existing use.
Establishments engaged in providing entertainment or recreation
open to all age groups for a fee or admission charge.
[Added 9-3-1997 by Ord. No. 97-8]
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
[Added 11-15-2006 by Ord. No. 2006-06]
A single person occupying a dwelling unit and
maintaining a household;
Two or more individuals living together on a
nontransient basis as a single housekeeping unit and doing their cooking
on the premises, when said individuals are related by blood, marriage
or adoption, including foster children and including not more than
two boarders, roomers or lodgers;
A maximum of three children or adults requiring
special care or supervision who are under the twenty-four-hour or
full-time care of resident parents or persons acting in loco parentis
(i.e., the occupants of a group home as defined in this chapter);
or
No more than three unrelated individuals living
together as a single housekeeping unit and doing their cooking in
one kitchen on the premises.
[Amended 2-23-2000 by Ord. No. 2000-01]
Day-care services provided in a dwelling, other than a multifamily dwelling, for more than three, but not more than six individuals, all of whom need not be related to the caregiver, when in compliance with the terms of § 287-92 of this chapter.
[Amended 10-2-1996 by Ord. No. 96-13]
A retail establishment at which fruits, vegetables, breads,
eggs, milk, cheese, meat, flowers, and the like are sold by persons
who typically grow, harvest, or process such items from their farm
or agricultural operation.
[Added 5-16-2007 by Ord. No. 2007-05]
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh or masonry, singly or
in combination with other materials, three feet in height or higher,
erected to secure or divide one property from another or part of a
property from a remaining part, to assure privacy, to protect the
property so defined or to enclose all of or part of the property;
a freestanding masonry wall is considered a "fence."
[Amended 10-6-2004 by Ord. No. 2004-4]
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
Such material shall be in accordance with the standards in § 287-12I(1)(d)
of this chapter unless otherwise approved by the Borough Engineer.
A multipurpose, nonresidential building under single ownership,
generally containing office, light industrial/assembly and/or shipping
and distribution uses, constructed so that interior space is readily
adaptable to the particular needs of the occupant.
A general and temporary inundation of normally dry land from
the overflow of streams, rivers or other waters of the Commonwealth
of Pennsylvania.
That portion of the floodplain outside the floodway.
The highest level of flooding that, on the average, is likely
to occur every 100 years, i.e., that has a one-percent chance of occurring
each year, as delineated by maps and related materials developed by
the Federal Emergency Management Agency for the National Flood Insurance
Program.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation or runoff of
surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Amended 11-15-2006 by Ord. No. 2006-06]
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of carrying and discharging
the waters of the one-hundred-year flood.
The sum of the area of the several floors of a building or
buildings measured from the face of the exterior walls or from center
lines of walls separating two buildings. In particular, floor area
includes but is not limited to the following:
Basement space, if it meets the requirement
of a building story.
Elevator shafts, stairwells and attic space,
whether or not a floor has been laid, providing structural headroom
of eight feet or more.
Roofed terraces, exterior balconies or breezeways,
where over 50% of the perimeter is enclosed; a closed porch, as defined
herein.
Any other floor space used for dwelling purposes,
no matter where located within the building.
A glazed wall opening that is a focal element of the building
facade and is grouped or designed as a unique feature that differs
from the majority of the other common windows.
[Added 7-18-2007 by Ord. No. 2007-06]
Manufacturing plant designed to process food products for
sale, other than meat from animals, and which processing may include
the cooking, baking and packaging of such products.
The footprint is an outline showing the extent to which a
home, building, or other architectural element covers.
[Added 7-18-2007 by Ord. No. 2007-06]
See "dwelling or dwelling unit."
A use which provides facilities or at which persons assemble
for the purpose of any activity which involves lawful gambling or
wagering, including without limitation those facilities and activities
for pari-mutuel wagering on thoroughbred and/or harness horse races
remote from any race tracks and governed by and licensed pursuant
to the Race Horse Industry Reform Act, the Act of December 17, 1981,
P.L. 435, as it shall be from time to time amended, 4 P.S. § 325.101
et seq. Gambling and wagering shall include any activity, game or
device at which money or other valuable things may be played for or
staked or betted upon and in which, by the rules of the activity,
game or device, a consideration is paid by the players or participant
and a reward is paid to players or participants as a consequence of
some element of chance. A use otherwise permitted shall not constitute
a gambling or wagering facility solely on account of the installation
of facilities and devices pursuant to the State Lottery Law, the Act
of August 26, 1971, P.L. 351, as amended, 72 P.S. § 3761-1
et seq.[3]
[Added 9-3-1997 by Ord. No. 97-8]
An 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 in which no business, service or industry connected
directly or indirectly with motor vehicles is conducted.
An accessory building no greater than 100 square feet nor
exceeding eight feet in height for the storage of lawn, garden and
swimming pool equipment or similar domestic items.
Walled separation between a courtyard, front yard or service
area and the street to screen private activities from the public realm.
Garden walls are independent walls between four feet and eight feet
high above the adjacent grade and/or first floor finish elevations.
[Added 7-18-2007 by Ord. No. 2007-06]
The Borough Council for the Borough of Downingtown.
[Added 4-21-1999 by Ord. No. 99-5]
A plaza, square, courtyard, pocket park, tot lot, playground,
walkway, promenade, lawn area, or other outdoor space in which features
such as pavers, benches, gazebos, pergolas, trellises, planters, plantings,
lighting, sculpture, and the like, are installed and maintained, and
in which public seating, outdoor dining, and the like takes place.
[Added 5-16-2007 by Ord. No. 2007-05]
The total land and water surface area contained within the
boundaries of a tract.
The total floor area of any building or structure in which
some or all spaces are leased.
A residential facility used as living quarters by a maximum
of three unrelated persons, consisting of children or adults requiring
special care, and their attending supervisors. A group home is specifically
designed to create a single-family residential setting. The individuals
requiring special care must be deemed permanent residents, and their
supervisors must provide twenty-four-hour or full-time equivalent
coverage of the facility.
A commercial establishment open to the public for a fee that
provides services and facilities for physical fitness training, which
includes but is not limited to swimming, handball and racket sports.
Spas, clubs and other similar facilities featuring exercise for other
active physical conditioning shall also be considered a "health-care
and fitness club." Such uses may include restaurants as accessory
uses and the sales of necessary equipment used in the activities provided.
[Added 9-3-1997 by Ord. No. 97-8]
A building's vertical measurement from the mean level of
the ground surrounding the building to the highest point of the roof,
provided that chimneys, spires, towers, elevators and other unoccupied
utility penthouses, tanks and similar projections shall not be included
in calculating the height.
An area to accommodate all phases of operation of rotor-wing
aircraft (helicopters) with suitable space to allow development of
service facilities as desired.
An area on a roof or on the ground to accommodate touchdown
and liftoff of rotor-wing aircraft (helicopters) for the purpose of
picking up and discharging passengers or cargo, with no service facilities.
Sites, buildings and/or structures within the East Lancaster
Avenue National Register of Historic Places District, or National
Register of Historic Places Sites, as shown on the Historic Resources
Overlay District Map.
[Added 12-1-1999 by Ord. No. 99-14]
The East Lancaster Avenue Register of Historic Places District,
as shown in the Historic Resources Overlay District Map dated August
16, 1999.
[Added 12-1-1999 by Ord. No. 99-14]
Any structure that is:
[Added 11-6-1996 by Ord. No. 96-16]
Listed individually in the National Register
of Historic Places (a listing maintained by the 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 the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
An accessory use constituting entirely or partly the livelihood of person(s), when in compliance with the terms of § 287-92 of this chapter.
[Amended 10-2-1996 by Ord. No. 96-13]
Any use relating to the raising, propagating and wholesale
and/or retail sale of trees, shrubs, flowers and other vegetative
materials, to include the sale of mulch, fertilizer and related garden
items; and greenhouses.
[Added 9-11-1991 by Ord. No. 91-19]
A facility providing primary health services and medical
or surgical care to persons, primarily inpatient, suffering from illness,
disease, injury, deformity or other abnormal physical or mental conditions,
and including, as an integral part thereof, related facilities, such
as laboratories, outpatient facilities or training facilities.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
[Added 11-15-2006 by Ord. No. 2006-06]
Material which is impenetrable and unable to absorb water,
including but not limited to buildings, structures and paved areas.
A stable all-weather surface constructed of materials, including,
but not limited to, concrete, asphalt, brick, pavers, flag stone,
or other similar consistent material or construction to facilitate
pedestrian movement that provides a safe walking surface and ease
of maintenance for activities such as snow shoveling.
[Added 9-6-2017 by Ord.
No. 2017-04]
A residential property used by four or more unrelated occupants
for a common, lawful purpose (e.g., educational, recreational, religious,
therapeutic, rehabilitative, correctional), including, where necessary
to serve such purpose, continually staffed professional supervision.
A designated single-use facility with an improved surface,
primarily for use by pedestrians, typically located outside of the
road right-of-way and/or not directly adjacent to a street. A walkway
is generally used for pedestrian transportation:
[Added 9-6-2017 by Ord.
No. 2017-04]
An area of land, with or without buildings, used for storage
outside a completely enclosed building of used and discarded materials,
including but not limited to wastepaper, rags, metal, building materials,
house furnishings, machinery or vehicles or parts thereof, with or
without the dismantling, processing, salvage, sale or other use or
disposition of the same. The deposit or storage on a lot of two or
more unlicensed, wrecked or disabled vehicles or the major parts thereof
is a "junkyard."
A place for the keeping, breeding and/or boarding of more
than four dogs for commercial purposes.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing, and experimentation,
but not including the manufacture of products for sale, except as
an accessory use.
A body of water, natural or man-made, containing a permanent
pool of water with side slopes no less steep than 10:1. A lake or
pond may be utilized for stormwater management purposes.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
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; or
The division or allocation of land or space,
whether 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, condominiums, building groups or other features.
A subdivision of land.
Those activities described in Section 503(1.1)
of the Municipalities Planning Code[4] shall not be considered "land developments" for purposes
of this chapter.
The legal or beneficial owner or owners of land, including
for purposes of this chapter 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 the land.
Pavement that is intended for pedestrian travel to and from
a building entryway or courtyard and the sidewalk.
[Added 7-18-2007 by Ord. No. 2007-06]
The horses, cattle, sheep and other similar animals kept
or raised on an agricultural property meeting the provisions of this
chapter.
[Added 4-15-2009 by Ord. No. 2009-02]
A vertical triplex unit consisting of at least three stories
but no more than 12 units side by side, with the following mixed-use
opportunities:
A ground floor commercial use consisting of any uses permitted by right in C-1 General Commercial District § 287-37, except as otherwise provided below, or any use permitted by conditional use under § 287.69.24B:
A second-floor commercial or residential use;
A third-floor residential use;
Residential use may occupy the ground floor of the unit for
a period of up to two years after commencement of development in the
Kardon Park Redevelopment District;
One ground-floor residential unit may be perpetually established
for the purpose of providing universal access for handicapped persons.
A community center or public meeting space, including such amenities
as fitness center, kitchenette and offices, may be considered a commercial
use for the purposes of this definition.
A person or persons other than the owner or tenant of the ground
floor unit may own or rent the second and/or third floor of the live-work
loft, provided that, for separate ownership, the units must be separately
assessed and the building structured as a condominium or legally subdivided.
A building designed for commercial use on the first floor
with two additional stories for residential use.
[Added 7-18-2007 by Ord. No. 2007-06]
A commercial use, such as a shop, studio, office, or other
place of business in combination with a dwelling unit located above
such place of business. A person or persons other than the proprietor
of the business may occupy a live-work unit.
[Added 5-16-2007 by Ord. No. 2007-05]
A designated area for loading and unloading of goods in a
commercial building.
[Added 7-18-2007 by Ord. No. 2007-06]
An area provided to accommodate the off-street loading and
unloading of trucks, tractors and trailers servicing primarily industrial
uses but also other larger-scale uses requiring tractor-trailer delivery.
An area provided to accommodate the off-street loading and
unloading of trucks servicing primarily, but not exclusively, business
uses.
Similar to a porch, a loggia is a covered exterior space
that is set inside a facade.
[Added 7-18-2007 by Ord. No. 2007-06]
A parcel of land, undivided by any street or dedicated future
street right-of-way. Such parcel shall be separately described by
metes and bounds, the description of which is recorded in the office
of the Recorder of Deeds of Chester County by deed description or
is described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Chester County.
The acreage contained within the property lines of a lot
or tract as defined in the deed or as shown on an approved subdivision
plan. For purposes of calculating the minimum lot area necessary to
comply with the area and bulk requirements of this chapter, the following
areas shall be excluded from such calculation:
Any area used for gas, oil, natural gas, electric
or communications transmission facilities, whether below or above
ground, that do not serve the lot or lots traversed.
Any area within a street or other transportation
right-of-way.
Any area comprising a stormwater management
basin, but not including lakes, ponds or on-lot berms.
That portion or those portions of the lot in
which any of the following features, individually or in combination,
represent more than 20% of the gross area of the lot or tract: areas
overlain by the Floodplain District, areas of slope in excess of 20%,
areas of seasonally high water table soil, and areas of designated
wetland, as each is defined herein.
A lot at the junction of and abutting two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. A lot abutting a curved street shall be deemed a "corner
lot" if the tangents to the curve at the points of intersection of
the lot lines with the street intersect at an interior angle of less
than 135°. Except as noted below, each yard abutting a street
shall be considered a front yard; any lot line intersecting a front
lot line shall be considered a side lot line and any remaining lot
line shall be considered a rear lot line. On any lot containing a
principal building at the time of enactment of this chapter, the owner
of a corner lot shall specify one street line to be the front lot
line; any other lot line abutting a street shall be considered a side
lot line.
A lot which is connected to a street by an access strip with
a minimum width of 20 feet. Minimum lot area and other dimensional
requirements shall be those of the applicable zoning district and
shall be measured on that portion of the lot exclusive of the access
strip.
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the "lot line" for such portion of the lot as abuts such street shall
be deemed to be the same as the street line and shall not be the center
line of the street, or any other line within the street line, even
though such may be the property boundary line.
The lot line abutting any street and coinciding with any
street line. In the case of an interior lot, the "front lot line"
shall be the line most parallel and closest to the street line at
the end of the access strip; all other lines shall be side or rear
lot lines.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length or if the lot
forms a point at the rear, the "rear lot line" shall be deemed to
be a line 10 feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
Any lot line not a front or rear lot line; in the case of
a corner lot, any lot line that intersects a front lot line shall
be considered a "side lot line."
A lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the local street.
The distance in feet between the side lot lines, measured
along a line parallel to the street line at the building setback line,
provided that:
The width of the lot as measured at the street
line shall be not less than 80% of the required minimum lot width.
Where a lot fronts on the circular portion of
a cul-de-sac or similarly acute curvature of a street line, the lot
width measured at the street line may be reduced when approved as
a special exception by the Zoning Hearing Board, but in no case shall
such distance be less than 50 feet.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for the parking of vehicles, building access, and incidental
storage, in an area other than a basement is not considered the lowest
floor of a building, provided that such space is not designed and
built so that the structure is in violation of the applicable nonevaluation
design requirements of this chapter.
[Added 11-6-1996 by Ord. No. 96-16; amended 11-15-2006 by Ord. No. 2006-06]
Those which are located on existing buildings, poles or other
existing support structures and which project more than three feet
above the top of the structure but not more than 10 feet above the
roof line, parapet or top of the structure. Macrotelecommunication
facilities may exceed the height limitation specified for the zoning
district.
[Added 4-21-1999 by Ord. No. 99-5]
A document that provides written and graphic design guidelines
for the Mixed-Use Overlay District.
[Added 5-16-2007 by Ord. No. 2007-05]
A document that provides written and graphic design guidelines
for the Traditional Neighborhood Development District.
[Added 7-18-2007 by Ord. No. 2007-06]
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale. For purposes of this
chapter, a "manufactured home park" shall be deemed the equivalent
of a mobile home park.
Those which are located on existing buildings, poles or other
existing support structures where antennas do not project more than
three feet above the top of the structure and there are no more than
six antennas per site.
[Added 4-21-1999 by Ord. No. 99-5]
A structure or group of structures for the dead storage of
customer's goods, where individual stalls or lockers are rented out
to different tenants for storage.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements, nor shall "minor
repair" include addition to, alteration of, replacement or relocation
of any standpipe; water supply; sewer; drainage; drain leader; gas,
soil, waste, vent or similar piping; electric wiring; or mechanical
or other work affecting public health or general safety.
A combination of two or more uses in a building or on a lot.
[Added 5-16-2007 by Ord. No. 2007-05]
Blocks containing both mixed-use buildings and single-use
buildings of different uses.
[Added 7-18-2007 by Ord. No. 2007-06]
A building with two or more uses having a different use on
the ground floor (e.g., retail and housing).
[Added 7-18-2007 by Ord. No. 2007-06]
A transportable, single-family dwelling, intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit, and is designed for use with
or without a permanent foundation when attached to the required utilities,
which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations and constructed
so that it may be used without a permanent foundation, including any
addition or accessory structures, such as porches, sheds, decks or
additional rooms. All mobile homes shall meet construction standards
set by the United States Department of Housing and Urban Development.
For floodplain management purposes, the term "mobile home" includes
"manufactured home" and also includes "park trailer," "travel trailer,"
recreational and other similar vehicles placed on a site for greater
than 180 consecutive days. For flood insurance purposes, the term
"manufactured home" does not include "park trailer," "travel trailer"
and other similar vehicles.
[Amended 11-15-2006 by Ord. No. 2006-06]
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes for nontransient use.
[Amended 11-15-2006 by Ord. No. 2006-06]
A telecommunications tower consisting of a single pole, constructed
without guy wires or ground anchors.
[Added 4-21-1999 by Ord. No. 99-5]
A vehicular, portable structure built on a chassis and designed
to be used for temporary occupancy for travel, recreational or vacation
use. For the purpose of this definition, "travel trailer" shall not
include trailers in excess of 28 feet in length or in excess of 4,500
pounds gross weight.
The Pennsylvania Municipalities Planning Code, Act No. 247
of 1968, reenacted and amended by Act No. 170 of 1988, as it may be
subsequently amended.
[5]
[Amended 1-8-2003 by Ord. No. 2002-9]
Structures for which the start of construction, as herein
defined, commenced on or after November 12, 1973, and includes any
subsequent improvements to such structures.
[Added 11-6-1996 by Ord. No. 96-16]
Structures for which the start of construction, as herein
defined, commenced on or after November 12, 1973, and includes any
subsequent improvements to such structures.
[Added 11-6-1996 by Ord. No. 96-16]
A building or other structure, use or lot which, by reason
of design, size or use, does not conform to the requirements of the
district or districts in which it is located or with other applicable
provisions of this chapter.
Plant material that is undesirable or offensive due to unsightliness,
threats to health or prolific and uncontrollable growth. For purposes
of this chapter, "noxious vegetation" shall include but not be limited
to ragweed, multiflora rose, Canada thistle, Japanese honeysuckle
and oriental bittersweet.
A facility, generally operated for compensation, which provides
lodging, board and nursing care to sick, invalid, infirm, disabled
or convalescent persons.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area which
may impede, retard or change the direction of the flow of water, either
in itself or by catching or collecting debris carried by such water,
or which is placed where the flow of the water might carry the same
downstream to the damage of life and property.
See "flood, one-hundred-year."
Parking that is adjoining the curbline of a street, and that
is either parallel to or at an angle from the curbline.
[Added 5-16-2007 by Ord. No. 2007-05]
That portion of a lot which is entirely free of buildings,
pavement or other impervious surfaces; such area shall contain an
all-weather vegetative ground cover and may be landscaped with shrubs,
trees, etc.
Area or areas of land and/or water, substantially free of
structures and paved areas, permanently restricted for common enjoyment
and recreational use by residents of a development and possibly the
general public, but not including individually owned private yards.
The minimum area of common open space as required by this chapter
shall not include any portion of a stormwater management basin.
Two facades next to each other with the same architectural
design and character that are located in front of an open space.
[Added 7-18-2007 by Ord. No. 2007-06]
A space located off the public right-of-way designed and
designated for parking a motor vehicle.
A person traveling on foot or in a wheelchair.
[Added 9-6-2017 by Ord.
No. 2017-04]
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
[Added 11-15-2006 by Ord. No. 2006-06]
Any material which would allow water to pass through at a
rate at least equal to the pervious ground cover, e.g., porous pavement,
stone parking areas and preformed or prefabricated blocks which would
permit water to penetrate, and as approved by the Borough Engineer.
An indoor facility, which may be operated as a commercial
or membership enterprise, on a nonprofit basis or as an accessory
use and which provides recreational and physical health maintenance
opportunities. Facilities may include, but need not be limited to,
a swimming pool, spa, gymnasium, courts for racquet sports, exercise
and training apparatus and space for dance, aerobics, etc.
A roofed structure projecting from the front, side or rear
walls of a building. "Porches" may be further defined as:
PORCH, OPENA roofed, open structure projecting from the front, side or rear wall of a building, with no enclosed feature more than 30 inches above the floor thereof other than necessary columns or members to support the weight of the roof.
PORCH, CLOSEDA porch structure enclosed by permanent walls, fixed windows or other fixed and enclosing features. The enclosed area of such a porch shall be deemed an integral part of the building and shall be included in the calculation of the building floor area.
The facade of a building where the front entrance door is
located. On a corner lot, there shall be two primary facades.[7]
[Added 5-16-2007 by Ord. No. 2007-05]
Where at least 51% of the actual cash value of a structure,
less land value, is above ground.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of any hearing or meeting and the particular
nature of the matter to be considered at the hearing or meeting. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days prior to the date of the hearing
or meeting.
See "dwelling or dwelling unit."
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts
and swimming pools.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel or seasonal use.
[Added 11-15-2006 by Ord. No. 2006-06]
Recreational pursuits which can be carried out with little
alteration or disruption in the area in which they are performed.
Such uses include but are not limited to hiking, biking and picnicking.
A facility established and/or operated by the Borough of
Downingtown, by Chester County or by a nonprofit or citizens' organization
for the collection and/or processing of recyclable materials, such
as paper, glass, aluminum and/or plastic; such facility may accept
recyclables by donation, redemption or purchase, and may separate
or process such materials for reuse or for sale as raw material for
use in the manufacture of a new product.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
[Added 11-15-2006 by Ord. No. 2006-06]
A nonprofit use of land or a building as a place of worship,
convent, monastery or similar religious institution, including rectory
and parish house.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market.
[Added 11-15-2006 by Ord. No. 2006-06]
An eating establishment which provides for the sale and consumption
of food and beverages and which contains inside seating facilities.
An eating establishment where customers place their orders
at an inside window, or service area, and where food is either served
for consumption at eating areas within the building or is taken out
for consumption away from the premises.
An eating establishment which provides service to customers
who remain seated in automobiles and said service is provided either
through an exterior window, or service area, or directly to parked
automobiles.
Any building used or designed and constructed for the display
and sale of products and merchandise purchased by consumers.
[Added 7-18-2007 by Ord. No. 2007-06]
[Added 9-3-1997 by Ord. No. 97-8]
HOUSING, SENIOR CITIZENIncludes unassisted senior housing, elderly assisted housing that provides support services for the elderly such dining rooms, lounges, laundry facilities, recreational uses and the like and nursing homes for the elderly.
REST HOMEA facility in which persons not related to each other are housed and fed by persons paid for providing such services and where nursing care and medical services are not normally provided within the facility.
CONGREGATE-CARE FACILITYA type of housing for senior citizens that provides communal dining and social facilities and other services for its residents, while at the same time permitting the senior citizen to maintain his or her individual housing unit.
The total width of any land reserved or dedicated as a street,
alley, sidewalk or crosswalk or for any other public or private purpose.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as "satellite earth stations,"
"TVRO's" (television-reception-only satellite dish antennas) and "satellite
microwave antennas."
See "buffer."
A natural or constructed barrier consisting of any landscaping,
fencing, or other device intended to block a view.
[Added 7-18-2007 by Ord. No. 2007-06]
Those soils in which the groundwater surface is within one
foot of the ground surface at certain times of the year. By name,
these soils may include, but are not necessarily limited to: Guthrie
silt loam, Lawrence silt loam and Wehadkee silt loam.
[Amended 11-11-1992 by Ord. No. 92-8]
The felling of certain, but not all, trees in an area for
the purposes of: removing dead, diseased, damaged, mature or marketable
timber; improving the quality of a tree stand or species; or meeting
personal domestic needs.
Multifamily dwellings designed and constructed exclusively
for dwelling purposes by 10 or more elderly families and/or handicapped
individuals, the same being defined as any person 62 years of age
or older and any handicapped persons of any age living independently
of one another and financed or subsidized under federal government
housing programs for elderly families.
Area to be used for trash collection, recycling collection,
or other similar use.
[Added 7-18-2007 by Ord. No. 2007-06]
See "building setback line."
A primary facade in a prominent location that should be designed
as a focal element with a greater amount of detail.
[Added 7-18-2007 by Ord. No. 2007-06]
A public system for the treatment and disposal of sewage,
operated by the Downingtown Area Regional Authority,[8] in which sewage is treated and disposed of through means
approved by the Pennsylvania Department of Environmental Resources.
Supplemental signage added to a shared roadway to warn motorists
of the increased likelihood of bicyclists.
[Added 9-6-2017 by Ord.
No. 2017-04]
A street which accommodates bicyclists and motorists in the
same travel lane. Shared roadways may be a signed bike route or include
other indicators such as "Share the Road" signs, sharrows, other pavement
markings, or signage.
[Added 9-6-2017 by Ord.
No. 2017-04]
A pavement marking that increases driver awareness of shared
roadway arrangements.
[Added 9-6-2017 by Ord.
No. 2017-04]
 |
A group of commercial establishments planned, constructed
and managed as a total entity with a unified plan for the provision
of customer and employee parking, provisions for goods delivery separated
from customer access and aesthetic considerations.
A pedestrian route, typically constructed of concrete and
parallel to a street that provides a means for pedestrians to travel
within the public right-of-way while physically separated from vehicular
traffic. Sidewalks are designed for pedestrian use.
[Added 7-18-2007 by Ord.
No. 2007-06; amended 9-6-2017 by Ord. No. 2017-04]
A sign erected or displayed on or parallel to the surface
of a building.
Any sign erected upon an independent structure (legs, base
or pole) so that such structure is the main support of the sign, and/or
any sign which is not supported by any part of a building.
Any sign mounted upon a building so that its principal face
forms an angle of not more than 135° with the building wall.
A temporary sign entirely contained inside a building which
is visible from the street, providing notification of products for
rental or sale or of special events.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
Measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize exposure to possible
erosion or sedimentation.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
[Added 7-6-2011 by Ord. No. 2011-05]
Any solar collector, other solar energy device, or any structural
design feature or appurtenances, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage,
and distribution of solar energy for space heating or cooling, for
water heating or for electricity connected to the power grid or building
electrical panel.
[Added 7-6-2011 by Ord. No. 2011-05]
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of, a floodplain.
[Added 11-15-2006 by Ord. No. 2006-06]
A unique, rare or otherwise specifically selected plant or
tree which most typically represents a whole class or group, specifically
in shape, form, historical importance or any other characteristic
which may be designated as such by the Borough.
Establishment engaged in providing entertaining and recreation
for sports and sports-related activities. This would include but is
not limited to a commercial sports arena, bowling alley, membership
sports clubs, a roller/ice rink, indoor tennis, racketball, track,
indoor baseball, soccer, basketball and volleyball and archery but
no firearms, open to all age groups.
[Added 9-3-1997 by Ord. No. 97-8]
The date of issuance of a building permit, provided that
the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings;
the installation of piles; the construction of columns or any work
beyond the state of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling, nor does it include
the installation of streets and/or walkways, nor does it include the
installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
[Amended 11-6-1996 by Ord. No. 96-16]
A raised, covered or noncovered projection that extends from
a building entry at the ground floor of such a building.
[Added 7-18-2007 by Ord. No. 2007-06]
A man-made, relatively shallow depression installed for the
purpose of collecting and controlling the flow of stormwater runoff.
Such basins shall be designed for one-hundred-year storm volumes and
rates and shall have side slopes no greater than 3 to 1.
That portion of a building comprised between the surface
of any floor and the surface of any floor or roof next above.
A right-of-way intended for general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "road," "highway," "thoroughfare" and "way." "Streets"
shall be further classified as:
ARTERIALA street serving the heaviest volumes of traffic in the Borough, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation, providing the highest degree of vehicular mobility and/or involving controls on access.
COLLECTORA street designed and located to provide means of access to traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Borough to major streets, and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
LOCALA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
Commonly the building or house facade running parallel to
the public street or other similar open space.
[Added 7-18-2007 by Ord. No. 2007-06]
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally open
or officially platted or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots,
each held in single and separate ownership, have the right-of-way.
The space formed by buildings located close to the street,
which is embellished with sidewalks, street trees, streetlights, curbs,
on-street parking, and cartways. The streetscape is framed by buildings
which create the "outdoor room" character of a mixed-use neighborhood.
[Added 5-16-2007 by Ord. No. 2007-05]
A design standard formulated for the redevelopment of the
Boot Road Corridor as outlined in Appendix A293.
[Added 9-3-1997 by Ord. No. 97-8]
The wall of a building adjoining a sidewalk at the edge of
the street right-of-way; or architectural and landscape architectural
elements such as walls, pillars, colonnades, and street trees in lieu
of a building wall when an existing building is already set back from
the street wall line.
[Added 5-16-2007 by Ord. No. 2007-05]
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders, or any change which could convert
an existing building or other structure into a different structure
or adapt it to a different use or which, in the case of a nonconforming
building or other structure, would prolong the life of such building
or other structure.
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, anchorage or other
protection. Such arrangement shall have a permanently fixed location
in or on the ground. "Structures" include but are not limited to buildings,
open sheds, manufactured homes and similar enclosures with fewer than
four walls and/or roof, signs, fences or walls, detached aerials and
antennas, porches, platforms, tennis and handball courts, swimming
pools, tents, tanks and towers. For floodplain management purposes,
the term also includes any man-made object having an ascertainable
stationary location on or in land or water whether or not affixed
to land.
[Amended 7-14-1993 by Ord. No. 93-3; 11-15-2006 by Ord. No.
2006-06]
The division or redivision of a single lot, tract or parcel
of land into two or more lots, tracts or parcels of land 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 into parcels of more than 10 acres not involving any new
street or easement of access or residential dwellings shall be exempted
from this definition.
[Amended 11-15-2006 by Ord. No. 2006-06]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 11-6-1996 by Ord. No. 96-16]
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, (or repetitive loss when repetitive loss language
is used) as defined herein, regardless of the actual repair work performed.
The term does not, however, include either:
[Amended 11-6-1996 by Ord. No. 96-16; 11-15-2006 by Ord. No. 2006-06]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
Antennas and towers, either individually or together.
[Added 4-21-1999 by Ord. No. 99-5]
A passageway enclosed by buildings on both sides and above
by a building or other architectural element that one moves through
to enter a space or street.
[Added 7-18-2007 by Ord. No. 2007-06]
An area that is intended to provide light, air, view and/or
quality of general appearance of openness, and is designed for scenic,
recreational, privacy, or environmental purposes, including but not
limited to natural areas, parks, and plazas.
[Added 7-18-2007 by Ord. No. 2007-06]
Natural and friable loam containing sufficient humus and
nutrients to support plant growth.
A structure, such as a lattice tower, guy tower or monopole
tower, constructed as a freestanding structure or in association with
a building, other permanent structure or equipment, on which is located
one or more antennas intended for transmitting or receiving analog,
digital, microwave, cellular, telephone, personal wireless service
or similar forms of electronic communication. The term includes microwave
towers, common carrier towers and cellular telephone towers.
[Added 4-21-1999 by Ord. No. 99-5]
See "dwelling or dwelling unit."
One or more lots assembled and presented as a single property
for purposes of subdivision or land development.
See "lot area."
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provide multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
[Added 7-18-2007 by Ord. No. 2007-06]
A facility that is physically separated from the roadway
and typically accommodates bidirectional travel by more than one type
of user, such as cyclists, pedestrians, and inline skaters. The trail
should and have an improved surface (e.g., asphalt, concrete, compacted
gravel, etc.) and can be located within a publicly owned right-of-way,
an exclusive right-of-way, or an easement.
[Added 9-6-2017 by Ord.
No. 2017-04]
A bus depot, limo center, taxi service, heliport, train station
or other similar facility where passengers embark and/or disembark
from any mode of public transportation, which may include commercial
and retail uses as allowed by the applicable zoning district.
[Added 9-3-1997 by Ord. No. 97-8; amended 1-8-2003 by Ord. No. 2002-9]
An analysis of the effect of all modes of transportation,
including bicycles and pedestrians, generated by a development on
the capacity, operations, and safety of the public street and highway
system. The TIS is used to determine the improvements that are necessary
to ensure that the transportation network can accommodate the new
development.
[Added 9-6-2017 by Ord.
No. 2017-04]
See "dwelling or dwelling unit."
A vehicle, powered or unpowered, that is used or intended
to be used for manned operation in the air by a single occupant for
recreation or sport purposes only and that does not have any United
States or foreign airworthiness certificate. Weight, fuel capacity
and maximum speed shall be as regulated by Part 103 of the Federal
Aviation Regulations.
The state-wide Building Code adopted by The Pennsylvania
General Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the Commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 11-15-2006 by Ord. No. 2006-06]
A development of land in accordance with Article XVB of this chapter.
[Added 1-8-2003 by Ord. No. 2002-9]
A plan or plans accompanied by written materials where such are necessary to describe, in graphic form and narrative form, the information required in a UTD plan conditional use application under Article XVB of this chapter. Such plan shall be a conceptual plan which visually and/or verbally defines and describes a comprehensively planned integrated mixed use development which qualifies under the UTDD requirements of Article XVB of this chapter.
[Added 1-8-2003 by Ord. No. 2002-9]
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any 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.
See "open space."
The relative ability to see a given object from a designated
location. "Views" shall be further classified as:
UNOBSTRUCTEDThe ability to see most or all of the object; specifically, where more than 80% of the object is visible.
FILTEREDThe ability to see some of the object; specifically, where 20% to 80% of the object is visible.
HIDDENThe ability to see little or none of the object; specifically, where less than 20% of the object is visible.
The temporary storage of goods and materials within a building,
generally for subsequent distribution to other locations and not involving
retail activities.
The upper surface of a zone of saturation except where that
surface is formed by an impermeable body.
Those areas inundated or saturated by surface 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, or as further defined
and delineated by the United States Army Corps of Engineers, the United
States Environmental Protection Agency or the Pennsylvania Department
of Environmental Resources.
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky.
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any part of a structure on the lot.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of a principal building on the lot.
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any part of a principal building on the lot.
An individual unit or building, which may be conveyed, sold
or transferred absent any required minimum yard, setback, building
separation distance, lot or tract width, lot or tract area, or maximum
building or impervious coverage.
[Added 2-2-2015 by Ord.
No. 2015-04]
A map of Downingtown Borough indicating the location of boundaries
for each zoning district.
The Borough employee charged with enforcing the literal terms
of this chapter; also, the representative of the Zoning Hearing Board
on administrative matters. The Zoning Officer shall be the Borough
Code Enforcement Officer.
[1]
Editor's Note: Per the Borough's request,
the former references to Ch. 119, Commercial and Industrial Facilities,
have been changed to refer to Ch. 109, Building Construction, pursuant
to the repeal of Ch. 119 9-4-1996 by Ord. No. 96-11.
[3]
Editor's Note: 72 P.S. § 3761-1
et seq. was deleted by P.L. 741, No. 134. See now 72 P.S. § 3761-101
et seq.
[4]
Editor's Note: 53 P.S. § 10503(1.1).
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
[6]
Editor's Note: Additional definitions of “porch”
were added 5-16-2007 by Ord. No. 2007-05 and 7-18-2007 by Ord. No.
2007-06 but were not included in the Code at the direction of the
Borough.
[7]
Editor's Note: An additional definition of
"primary facade" was added 7-18-2007 by Ord. No. 2007-06 but was not
included in the Code at the direction of the Borough.
