Borough of West Chester, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 112-6 Word usage.

Unless otherwise expressly stated or unless the context clearly indicates another meaning, the following words and phrases shall be construed throughout this chapter to have the meanings indicated below:
A. 
The present tense includes all other tenses; the singular includes the plural, and the plural includes the singular; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed" or "arranged"; the word "occupied" includes the words "designed" or "intended to be occupied"; the word "shall" is always mandatory; and the word "may" is always permissive. The words "as amended from time to time" and the like, as applied to any statute, ordinance, code, regulation, plan or map, include replacements, supplements or restatements thereof; and reference to a particular Article, section or subsection which inherently refers to other Articles, sections or subsections includes all Articles, sections or subsections referred to.
B. 
The word "Borough" means the Borough of West Chester, Chester County, Pennsylvania; the term "Borough Council" means the Borough Council of the Borough of West Chester; the term "Planning Commission" means the Planning Commission of the Borough of West Chester; and the term "Zoning Hearing Board" means the Zoning Hearing Board of the Borough of West Chester.
C. 
The terms "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear.

§ 112-7 Definitions.

For the purpose of this chapter, the following words, terms and phrases have the meanings indicated herein:
ABANDONMENT
The cessation of a use of a property (land and/or structures) by the landowner with the intention of neither resuming the use nor transferring rights of the property to another person who will so use the property.
ABUTTING
Having property or district boundary lines in common.
ABUTTING OWNER
The owner of record of a lot which is contiguous at any point to the lot in question or which is contiguous to a section of street (public or private) on which the subject lot has access, such as a lot across from the subject lot.
ACCESS
A way of approaching or entering a property or lot of record which must have direct access to a public street or highway or private street meeting public street standards. Access includes ingress, right to enter, and egress, right to leave.
ACCESSORY BUILDING
A type of accessory use structure which is subordinate to the principal permitted building on a lot.
ACCESSORY USE
A use conducted on the same lot as a principal permitted use to which it is related; a use which is clearly incidental to and customarily found in connection with a particular principal permitted use of a lot.
ACCESSORY USE STRUCTURE
Any building or other structure that is related to an accessory use and is located on the same lot as a principal permitted use, such as driveways, detached garages, sheds, fencing, walls, tennis courts, basketball courts, swimming pools, pavements and other stationary man-made objects.
[Amended 9-27-1989 by Ord. No. 24-1989]
ACCESSWAY
A strip of land which provides access, such as a street, an easement or a driveway.
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or specific purpose which it no longer serves.
ADDITION
Any construction which increases the size of an existing building.
[1]
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which features:
[Added 3-18-2009 by Ord. No. 2-2009]
A. 
Persons who appear in a state of nudity or semi-nudity; or
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT CENTER
An establishment wherein live displays of the human body without a covering on specified anatomical areas are conducted, or a building used for presenting films, motion pictures, videos, slides or other displays, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
[Amended 3-18-2009 by Ord. No. 2-2009]
[Added 3-18-2009 by Ord. No. 2-2009]
A. 
A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this chapter; or
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities as defined in this chapter.
B. 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult merchandise stores. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult merchandise stores so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this chapter. An establishment which sells or rents textbooks or reference materials which depict or describe specified sexual activities or specified anatomical areas as defined in this chapter shall not be considered an adult merchandise store.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
[Added 3-18-2009 by Ord. No. 2-2009]
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
[Added 3-18-2009 by Ord. No. 2-2009]
ADVERSE IMPACTS
Results contributing to a harmful or degraded condition and/or producing harm or degradation. "Adverse impacts" may include harmful effects on surrounding land uses, such as the diminution of property values or the degradation of historical resources; land use which is contrary to the Comprehensive Plan and the intent of this chapter, effects which may create a threat to the public health, safety and general welfare; and effects on physical and biological resources which will destroy flora and fauna, degrade water and air quality or create excessive soil erosion.
[Amended 3-18-2009 by Ord. No. 2-2009]
ADVERTISING SIGN
See "sign" and "sign, outdoor advertising billboard."
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
[Added 11-28-2001 by Ord. No. 15-2001]
AGRICULTURAL USE OR AGRICULTURE
A principal use involving the cultivating of the soil, the raising and keeping of livestock and poultry and the harvesting of the products of the soil, including horticulture and forestry.
AIR RIGHTS
Rights to develop or use the space above a property.
ALLEY
Land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more lots. Alleys shall be those shown on a list and map of the same maintained by the Borough Manager.
ALTERATION
Any change or rearrangement in the structural parts of a building or structure or in the means of egress; any change to or in a building which would alter its use classification; an enlargement, whether by extending on a side or by increasing in height; or the moving of a structure from one location or position to another. See also "structural alteration."
ALTERNATIVES
Choices between or among two or more plans, layouts, approaches, solutions and/or results.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
[Added 5-5-2016 by Ord. No. 4-2016]
ANTIQUES
Goods and objects, such as furniture, textiles, silverware, glass, jewelry and baskets, made in a former period and considered to be of value due to their quality, style, appearance or age.
APARTMENT
A building on a separate lot containing three or more dwelling units.
APPLICANT
A landowner or developer, including heirs, successors, assigns and grantees, who has filed a complete application for subdivision and/or land development, as hereinafter defined, or complete application for a special exception, variance or conditional use.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, which is required by the Borough to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit, a use and occupancy permit, approval of a subdivision plan or a land development plan, approval of a conditional use or approval for a special exception, variance or other action by the Zoning Hearing Board.
ARCADE
An establishment where more than three mechanical amusement devices are made available for use by patrons therein. See also public place of amusement.
ASSISTED LIVING FACILITY
Any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.
[Added 7-15-2015 by Ord. No. 10-2015]
AUTOMOTIVE REPAIR FACILITIES
Establishments engaged in furnishing automotive repair services to the general public. See also "garage, public."
AUTOMOTIVE SALES AND SERVICE
The use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.
AUTOMOTIVE SERVICE STATION
A building or place of business where gasoline and automobile accessories are dispensed directly to the general public or where automotive repair service may or may not be rendered.
BANK (FINANCIAL INSTITUTION)
An institution for lending, borrowing, exchanging, issuing and safeguarding money: an office or building used for such purposes.[2]
[Added 9-27-1989 by Ord, No. 24-1989]
BASEMENT
An enclosed area of a building partly or completely below grade. A basement shall be considered as a floor for the purpose of gross floor area measurement if the basement ceiling is five feet or more above the average ground level around the building.
BED-AND-BREAKFAST FACILITY
A building or group of buildings containing no more than three guest rooms, converted or designed for the temporary lodging of transient guests, in accordance with Article XVI. Such establishment shall furnish to the occupants lodging services, such as maid service and the furnishing and laundering of linen, and typically does provide accessory eating and drinking facilities for serving morning breakfast and/or afternoon tea.
BENEFICIAL EFFECTS
Results contributing to an improvement in condition and/or producing a favorable result, such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.
BERM
A mound on earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting plant materials and/or fencing to aid in screening.
BILLBOARD SIGN
An off-premises sign constructed and maintained by a professional sign company or by the outdoor advertising industry on which advertisement space is leased for a fixed period of time.
[Amended 9-21-2011 by Ord. No. 16-2011]
BLOCK
A tract of land bounded by streets, public parks, railroad rights-of-way, excluding siding and spurs, and/or corporate boundary lines of the Borough.
BOARD OF HISTORICAL AND ARCHITECTURAL REVIEW
The Board, referred to as the "HARB," which conducts reviews of proposed building construction and/or alteration work within the Historic District and performs other duties as set forth in this chapter.
BUFFER
An earthen mound, berm, fence, wall and/or buffer planting strip which is a barrier to visibility, glare, noise or airborne particles between lots or uses of land.
BUFFER AREA
A strip of required yard space adjacent to and within the boundary of a property or district, not less in width than is designated in this chapter, which is landscaped for the full width and forms a continuous visual buffer to provide maximum protection and immediate visual screening to an abutting property, district or street. The required screen or buffer shall be permanently maintained. Buffer areas shall be in accordance with Article XVI.
BUFFER PLANTING STRIP
A strip of land within the required buffer area which is landscaped with trees and shrubs and maintained as required by this chapter and in a manner as required in Article XVI and the applicable district regulations.
BUILDING
Any structure having a roof supported by enclosing walls or columns, contained within lot lines.
BUILDING AND STRUCTURE HEIGHT
See "height of building."
BUILDING AREA
The aggregate of the ground-level floor areas of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING CODE
The Building Code of the Borough of West Chester.
[3]
BUILDING COVERAGE
The amount of the lot area covered by buildings.
BUILDING, DETACHED
A building which has no wall in common with another building.
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard building setback line.
BUILDING, PRINCIPAL
A structure in which the primary use of a lot is conducted, designed to be conducted or intended to be conducted.
BUILDING, SEMIDETACHED
A building which has only one wall in common with an adjacent building.
BUILDING SETBACK LINE
The line bounding that portion of a lot not contained within the required front, side and rear yards and within which the principal building must be located.
BUILDING SETBACK LINE, FRONT YARD
The line established within a lot, measured from the street right-of-way and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of an interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way, measured from the property interior line nearest the street, defining the minimum distance in which no building may be constructed.
BULK 
The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines and therefore includes:
A. 
The size, including height and floor area of buildings or other structures.
B. 
The relation of the number of dwelling units in a residential building to the area of the lot.
C. 
All open areas in yard space relating to buildings and other structures.
CAFE I DISTRICT
An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in this chapter, which area is defined as the area bounded by Gay Street to the north, Matlack Street to the east, Market Street to the south and Darlington Street to the west, as well as the High Street corridor between Chestnut Street and Miner Street and the Market Street corridor between Darlington Street and New Street.
[Added 1-19-2005 by Ord. No. 1-2005; amended 2-17-2010 by Ord. No. 7-2010; 2-19-2014 by Ord. No. 1-2014]
CAFE II DISTRICT
An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in Chapter 90A of this Code, titled "Restaurant-Cafes," which area is defined as all areas of the Cafe I District and the High Street corridor between Miner Street and Dean Street and Church Street between Chestnut Street and Miner Street.
[Added 1-19-2005 by Ord. No. 1-2005; amended 2-17-2010 by Ord. No. 7-2010]
CALIPER
The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the center of the base of the tree for all existing trees. For all trees to be planted in accordance with the requirements of this chapter, such as street trees or trees in parking areas, the tree trunk shall be measured at a point six inches from the ground surface at the center of the base of the tree.
CARTWAY
The paved surface of a street available for vehicular traffic.
CAR WASH or CAR-WASHING FACILITY
A building or portion thereof where vehicles are cleaned manually or by using a conveyor, blower, steam-cleaning equipment or other devices.
CENTER LINE OF STREET
A line in the center of a street which is equidistant from and parallel to the street lines.
CENTRAL BUSINESS DISTRICT
The portion of West Chester which lies within the Town Center District where retail stores or shops are clustered, along with restaurants and cafes and personal service shops, and which is formed by the areas which comprise the Retail Overlay District.
[Added 11-28-2001 by Ord. No. 15-2001]
CERTIFIED HISTORIC DISTRICT
An historic district which has been delineated by the Borough of West Chester and certified for historical significance by the Pennsylvania Historical and Museum Commission in accordance with Pennsylvania Act No. 167.
[4]
CERTIFIED HISTORIC STRUCTURE
A building or structure identified by the Borough of West Chester and listed in the National Register of Historic Places or located within a registered historic district and certified by the Secretary of the Interior as being of historical significance to the district.
CERTIFIED REHABILITATION
Rehabilitation/construction plans and work which has been approved by the National Park Service in order to qualify for federal historic preservation tax incentives.
CHARITABLE USE
A use conducted by an organization which is classified as a charity by the Internal Revenue Service.
CHURCH
A building utilized for public divine worship. The term "church" shall also include temple, synagogue, mosque and other similar places of worship.
CLINIC
See "hospital."
CLUB or LODGE
A nonprofit social, professional or charitable organization characterized by the payment of dues, regular meetings and a constitution and bylaws. A building is used for club or lodge purposes when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern or other public place, although it may be used for recreational and/or dining facilities for the membership and their guests.
CLUSTER DEVELOPMENT
An arrangement of residential buildings that allows for grouping the buildings by reducing the area and bulk requirements for each lot while creating designated open space.
CO-LOCATION or CO-LOCATED
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
[Added 5-5-2016 by Ord. No. 4-2016]
COMMERCIAL
A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.[5]
COMMERCIAL PARKING LOT
A parking facility, area or lot that is used as a commercial enterprise for the parking of motor vehicles and contains parking spaces leased to the general public or reserved for individuals by the hour, day, week or month. This definition shall not include storage of vehicles awaiting repair, pending insurance or legal action or awaiting demolition, vehicles stored for stripping of parts, or parcels containing an automobile sales and/or service use.
[Added 5-16-2012 by Ord. No. 7-2012]
COMMUNITY FACILITIES
The services which provide for various community, educational, safety, leisure and like needs and the locations at which these services are provided. Typical community facilities include, but are not limited to, parks, recreation centers, libraries, museums, the Y.M.C.A., the Y.W.C.A., the West Chester Senior Center and the Salvation Army.
[Amended 4-22-1996 by Ord. No. 17-1996]
COMPREHENSIVE PLAN
The Borough of West Chester Growth Management Plan, as may be amended from time to time, including maps, tables and text, which constitutes a policy guide for decisions regarding land use, circulation, community facilities and utilities within the Borough.
CONDITIONAL USE
A use which may be suitable in certain locations within the district only when specific standards and criteria are met. Conditional uses are allowed or denied by the Borough Council after a public hearing and review and comments from the Planning Commission.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions and organized in accordance with the Pennsylvania Uniform Condominium Act, 68 P.S. § 3101 et seq.
CONSTRUCTION
All work necessary for the erection, alteration, structural alteration or exterior finishing of any building or structure or portion thereof, including the placement of a mobile home.
CONSTRUCTION OPERATION OR ACTIVITY
The erection, repair, renovation, demolition or removal, rehabilitation or other work performed for, to, on or with regard to any building or structure, including the excavation, filling and grading of lots in connection therewith or in preparation thereof.
CONSTRUCTION SITE
The total necessary land required for all buildings or uses within a unified development before a building permit may be issued.
CONTINUOUS VISUAL BUFFER
A visually impenetrable screen from the ground to a height of at least six feet created through the effective use of plant materials, fencing, walls and/or earthen berms.
CONTRIBUTING RESOURCE(S)
A resource in an historic district or historic complex which, as filed with the National Register or the Bureau for Historic Preservation, supports the district's or complex's historical significance through location, design, setting, materials, workmanship, feeling and association.
CONVERSION
An alteration of a building, structure or land by change of use or by increasing dwelling units.
CORNER LOT
See "lot, corner."
CUL-DE-SAC
A street having vehicular access to and from a street at one end and terminating in a vehicular turnaround at the other end.
CULTURAL ENVIRONMENT
The manifestation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.
CULTURAL USE
A use which includes art, drama, music, single screen film showings, dance, science and/or history in the form of a museum, theater, or like facility. Such use shall not include a dance club or night club or any adult entertainment uses such as adult theaters, adult motion-picture theaters, adult entertainment center or adult cabaret.
[Amended 7–28-2015 by Ord. No. 11-2015]
DAY-CARE CENTER
A facility which exclusively provides supplemental parental care and supervision and/or instruction during the day to seven or more children simultaneously, who are not relatives of the caregiver, where tuition, fees or other forms of compensation are charged and which is licensed or approved to dispense child care by the state. Such facility shall have an outdoor play area which shall be enclosed with fencing.
DECK
An open wooden platform attached to a principal building having no enclosing walls, roof or shelter from the weather.
[Added 9-27-1989 by Ord. No. 24-1989]
DEMOGRAPHIC CHARACTERISTICS
Characteristics related to the distribution, density and vital statistics of populations.
DEMOLITION
The dismantling or tearing down of all or part of the exterior portion of a building or structure.
DENSITY
A measure of the number of dwelling units per acre calculated by dividing the total number of dwelling units on a site by the site area, minus all portions of the site within the rights-of-way or easements of streets.
DESIGNATED OPEN SPACE
Areas allocated to meet the requirements for open space in the NC-1 District through the cluster development option, designed for the use or enjoyment of residents of the subdivision or land development in accordance with Article IV.
DESIGN PROFESSIONAL
An architect, engineer, landscape architect, land planner or surveyor who prepares plans which are described in this chapter according to specific requirements set forth herein and in the Subdivision and Land Development Ordinance.
[6]
DETERMINATION OF ELIGIBILITY (DOE)
The process wherein an historic resource is determined by the Secretary of the Interior as meeting National Register criteria, but not listed in the National Register.
DEVELOPER
Any landowner, equitable owner or authorized agent of such landowner, or tenant with permission of the landowner, who formally proposes or makes or causes to be made a subdivision, land development or any other development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction or alteration of buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, regrading, excavation, mining, dredging or drilling operations and the subdivision of land; provided however, that the following shall not be considered as development: routine maintenance; incidental grading related to gardening, cultivation and the like; and minor structural alterations to a building.
DIRECTOR OF BUILDING AND ZONING
A Borough of West Chester official or designated representative whose duties include, as Zoning Officer, the administration of this chapter.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 5-5-2016 by Ord. No. 4-2016]
DORMITORY
A building that contains dwelling rooms that provide sleeping and living accommodations solely for students enrolled at a college or university, and members of its faculty or staff, provided that the dormitory is owned or managed by the college or university where the students are enrolled, or in the case of a college or university owned or operated by a governmental unit, the dormitory is owned or operated, or both, by an entity that was formed to promote the interests of, and is operated for the benefit of, that college or university.
[Added 4-18-2001 by Ord. No. 5-2001; amended 12-18-2002 by Ord. No. 11-2002]
DRIVE-IN SERVICE PLACE
An establishment or activity where patrons are served food, soft drinks, ice cream and similar confections, normally for consumption outside the confines of the principal building or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided inside for the patrons, or where patrons are provided with professional or personal services such as banking, film processing and the like, where such services are effected principally while patrons remain in their vehicles. Drive-in theaters shall not be included.
DRIVEWAY
A private accessway for vehicles which connects a street to a parking space, garage, dwelling or other structure and is not used for the parking required in Article XIII.
DWELLING
A building designed or modified for and occupied exclusively for residential purposes, excluding a hotel, motel, rooming house, club or lodge, but including a mobile home.
DWELLING UNIT
 One or more rooms in a building, designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities, with no enclosed space (other than vestibules. entrances or other hallways or porches) in common with any other dwelling unit. No dwelling unit shall have more than 50% of its exterior below the level of the exterior grade. A dwelling unit may be contained in any of the following structures:
A. 
A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
B. 
A transportable single-family detached dwelling unit intended for permanent occupancy, contained in one unit or in two 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 is constructed as permitted in Article VI, with the same, or equivalent, electrical, plumbing and sanitary facilities as for a conventional single-family detached dwelling. A mobile home shall include any addition or accessory structure, such as porches, sheds, decks or additional rooms, which is attached to it. A mobile home does not include recreational vehicles or travel trailers.
C. 
A building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent building.
D. 
A building designed for and occupied exclusively as a residence for only one family and having two party walls in common with an adjacent building, except for end units.
E. 
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent building.
F. 
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having one party wall in common with an adjacent building.
G. 
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having two party walls in common with adjacent buildings.
H. 
See "apartment."
EASEMENT
A right, privilege or other interest granted or reserved for the use of land for a particular purpose or to prevent the use of land for a particular purpose.
ECONOMIC AND FISCAL CHARACTERISTICS
Characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association and/or government.
EDUCATIONAL USE
Land or buildings 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, which is certified by the state, excluding spas or similar commercial activities.
[Amended 3-18-2009 by Ord. No. 2-2009]
EFFECTIVE DATE
The effective date of this chapter is August 23, 1966, except that, as to amendments, the effective date shall be the date when the particular amendment became or becomes effective.
EMERGENCY
A condition that:
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
[Amended 5-5-2016 by Ord. No. 4-2016]
EMERGENCY WORK
Any work performed for the purpose of preventing or mitigating the physical or mental trauma or property damage threatened or caused by an emergency.
ENFORCEMENT OFFICER
The Code Enforcement Officer and/or his duly appointed assistants of the Borough who is hereby designated and authorized to enforce the provisions set forth herein.
[Added 8-28-1991 by Ord. No. 17-1991]
ENLARGEMENT
An addition to the floor area or increase in size of an existing structure, an increase in the area of a parcel which is occupied by an existing use or an increase in the intensity of a use as a result of increased parking, traffic generation, sewage disposal system or other impacts on surrounding land uses, existing or zoned.
ENVIRONMENTAL CONTROLS
The performance standards set forth in Article XV pertaining to environmental quality and environmental degradation.
ENVIRONMENTAL IMPACT ASSESSMENT REPORT
An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and the Subdivision and Land Development Ordinance.
[7]
ESCORT
A person who for consideration agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. This definition shall not include individuals who provide care, support or companionship to the elderly, disabled or infirm.
[Added 3-18-2009 by Ord. No. 2-2009]
ESCORT AGENCY
A person or business association that furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
[Added 3-18-2009 by Ord. No. 2-2009]
ESTABLISHMENT
Any place or premises, whether public or private, where any person conducts any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.
[Added 8-28-1991 by Ord. No. 17-1991]
FAMILY
One or more individuals living together in a dwelling unit as a single nonprofit housekeeping unit, and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption; or no more than four unrelated individuals living together as a single nonprofit housekeeping unit in a single-family dwelling and no more than two unrelated individuals living together as a single nonprofit housekeeping unit in a two-family or multifamily dwelling; provided, however, that no more than three unrelated individuals living together may be permitted as a special exception. This definition excludes occupants of a club, dormitory, fraternity, sorority house, lodge or rooming house, group quarters and a student home.
[Amended 4-18-2001 by Ord. No. 5-2001]
FAMILY DAY-CARE HOME
A building used principally as a residence by one adult caregiver, operated for profit or not for profit, in which child day care is provided at one time to four, five or six children who are not relatives of the caregiver. A family day-care home must be registered with the Pennsylvania Department of Public Welfare and must contain a family day-care permit from the Borough Zoning Officer.
[Amended 8-8-1990 by Ord. No. 12-1990]
FCC
Federal Communications Commission.
[Added 5-5-2016 by Ord. No. 4-2016]
FENCE
A freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh, masonry or vegetation, singly or in combination with other materials, 2 1/2 feet high 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 or part of the property. A freestanding masonry wall shall be considered to be a fence.
FILL
Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of any portion of the land.
FLEA MARKET
An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FLEX SPACE
A building designed for one or more of the following uses and no others: office, assembly, warehousing/storage or light manufacturing. Each flex space building shall have no less than 30% of the building area used for office space. Warehousing, assembly or light manufacturing shall be a use which shall occupy no more than 70% of the building area.[8]
[Added 11-28-2001 by Ord. No. 15-2001]
FLOOR AREA 
The sum of the gross livable areas 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:
A. 
Basement space, if it meets the requirements of a building story.
B. 
Elevator shafts, stairwells and attic space, whether or not a floor has been laid, providing structural headroom of eight feet or more.
C. 
Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
D. 
Any other floor space used for dwelling purposes, no matter where located within the building.
E. 
Accessory buildings, excluding space used for accessory off-street parking or used for loading berths.
F. 
Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
FOOD
Every substance intended for human consumption, whether in solid or liquid form, excluding any substance the sale of which is regulated by the Pennsylvania Liquor Control Board.
[Added 8-28-1991 by Ord. No. 17-1991]
FORESTRY
The management of forests and timberlands for the purpose of encouraging maintenance and management of forested or wooded open space, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
[Added 11-28-2001 by Ord. No. 15-2001]
FRONT YARD
See "yard, front."
FUNERAL HOME
A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE
A building accessory to a dwelling, for the storage of motor vehicles owned and used by the owner or tenant of the lot on which it is erected for a use which is necessary to the principal permitted use of the lot. A garage shall not provide for the storage of more than two motor vehicles unless the lot contains more than 1,250 square feet for each motor vehicle which is stored, nor shall it be used for the storage of more than two motor vehicles owned and used by others, regardless of the size of the lot.
GARAGE, PUBLIC
A building, not a private or storage garage, used solely for the storage, sale, service or repair of motor vehicles. See also "automotive sales and service," "automotive service station" and "automotive repair facilities."
GLARE
Distracting, blinding or harsh, uncomfortably bright light originating from or reflecting off of man-made objects such as lighting fixtures, automobiles, signs and structures.
GOVERNMENTAL USE
Nonresidential, county, state and/or federal governmental buildings and/or facilities designed and intended to be used or occupied by the county, state and/or federal government or designed or intended by such governmental entities for public use sponsored by such governmental entities.
[Added 9-18-1996 by Ord. No. 17-1996; amended 10-27-2010 by Ord. No. 19-2010]
GREEN SPACE
That portion of a tract or lot maintained or landscaped with shrubs, trees, ground cover, soil, mulch, grass, vegetable gardens and/or flowerbeds, but not including stone or gravel, and not occupied by any buildings, pavement or other impervious surfaces, except in the Town Center District, as provided for in § 112-99H.
[Amended 11-28-2001 by Ord. No. 15-2001]
GROSS DENSITY
See "density."
GROSS FLOOR AREA
The sum of the horizontal areas of all floors of a building, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the average floor-to-ceiling height is less than six feet. (See also "basement.")
GROSS LEASEABLE AREA
The total floor area of any building or structure in which some or all spaces are leased.
GROUP HOME
A group of unrelated individuals who are handicapped persons, as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and who reside as a family in a dwelling unit. Such group of individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family as defined in this chapter.
[Amended 2-19-2014 by Ord. No. 1-2014[9]]
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.
[Added 5-5-2016 by Ord. No. 4-2016]
HEIGHT OF BUILDING 
The vertical distance measured from the average level of the finished grade along all the exterior walls of a building to:
A. 
The highest point of the roof in case of a flat roof.
B. 
The mean height between eaves and ridge in the case of a pitched roof.
C. 
The highest point of any structure which rises above the roofline and which floor area equals or exceeds 20% of the ground floor area of the building which supports it.
HISTORIC BUILDING, STRUCTURE OR SITE
Any building, structure or site that is officially recognized for its historic and/or architectural significance by the United States Department of the Interior, the Pennsylvania Historical and Museum Commission, the Chester County Historic Preservation Office or the West Chester Historical and Architectural Review Board or is designated as contributing to a National Register or Municipal Historic District.
HISTORIC CARRIAGE HOUSE
An accessory building that is shown on the Historic Carriage House Map adopted by the Borough and contained in the Appendix;[10] or shown on the National Register of Historic Places; or considered to be eligible for the National Register of Historic Places through a determination of eligibility (DOE); or of historic, architectural or cultural significance as determined by Borough Council upon application to and review by HARB.
[Added 11-28-2001 by Ord. No. 15-2001]
HISTORIC DISTRICT
Any area or district within the Borough of West Chester designated by ordinance of the Borough of West Chester pursuant to Act No. 167, adopted by the General Assembly of the Commonwealth of Pennsylvania and approved by the Governor of the Commonwealth of Pennsylvania on the 13th day of June 1961, as amended by Act of the General Assembly No. 24 on the 23rd day of April 1963.
[11]
HISTORIC RESOURCE(S)
All buildings, sites, structures, objects and districts shown on the Borough of West Chester Historic Resources Map[12] and sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past.
HISTORIC RESOURCES INVENTORY
An official list, appropriately documented, of historic resources in the Borough of West Chester and their classifications.
HISTORIC RESOURCES MAP
A map, adopted as part of this chapter, showing historic resources and their respective classifications.[13], [14]
HOME OCCUPATION
An accessory use of a dwelling or a dwelling unit for any lawful activity normally conducted for pecuniary gain by a resident within a residential dwelling unit, located and conducted so as not to interfere with the quiet enjoyment of neighboring residential properties and which complies with the standards for home occupations set forth in § 112-98E. A home occupation use is one in which no persons other than those residing in the dwelling or the dwelling unit are engaged in the occupation. A home occupation shall not include or be interpreted to include a bed-and-breakfast facility, a medical clinic, a funeral home or a kennel. A home occupation shall be synonymous with a "no-impact home-based business" as defined in the Pennsylvania Municipalities Planning Code.
[Added 1-19-2005 by Ord. No. 2-2005[15]]
HOMEOWNERS' ASSOCIATION
A nonprofit organization composed of homeowners or property owners, planned and operated under approved rules and regulations for the purpose of serving the needs of residents through the maintenance of community-owned property. This term is synonymous with "property owners' association."
HOME PROFESSIONAL OFFICE
An office for the personal use of a professional practitioner, provided that such office is located within the residence of such professional, subject to the provisions of Article XVI.
HORTICULTURE
The art and practice of propagating and cultivating plants for their produce or for ornament.
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, some of whom are inpatients, suffering from illness, disease, injury, deformity and other physical or mental problems. When conducted as an integral part of the hospital, related accessory facilities, such as laboratories, outpatient facilities, training facilities or offices for doctors and other medical personnel affiliated with the hospital, may be an accessory use to the hospital.
HOTEL
A building without cooking facilities of any kind in the rooms, especially designed for the temporary lodging of transient persons. Such establishment shall provide customary hotel services such as maid service and the furnishing and laundering of linen. Eating and drinking facilities may be an accessory use to the hotel.
HOUSEHOLD PETS
Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.
HOUSING FOR THE ELDERLY
Those dwelling units designed for and intended for occupancy exclusively by persons over the age of 62 years old who are unable to maintain or afford existing housing units in the general community. Such units shall include those projects developed under applicable federal and state housing assistance programs or private projects which comply with all applicable federal and state requirements.
IMPACT
The power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which effect existing conditions and/or quality are of greatest concern.
IMPACT ASSESSMENT REPORT
An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and the Subdivision and Land Development Ordinance.
[16]
IMPERVIOUS COVERAGE
The amount of the lot area covered by impervious surfaces which have materials that do not normally absorb rainfall, such as buildings, roofs, paved areas such as streets and parking lots, and paved walks and similar surfaces.
IMPROVEMENTS
Physical additions and changes to land, such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, street trees and other plantings and other structures that may be necessary to produce usable and desirable land development.
INDUSTRIAL PARK
A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
INFRASTRUCTURE
The basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities, transportation and communication systems and sewer and water systems.[17]
INSTITUTIONAL USE
A use or activity that is public or quasi-public in nature that includes, but is not limited to, educational uses, hospitals, personal care homes, assisted living facility, skilled nursing facilities, religious uses, and certain nonprofit organizations catering to the public.
[Added 7-15-2015 by Ord. No. 10-2015]
INTERIOR LOT
See "lot, flag or interior."
JUNKYARD
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.
KENNEL
An establishment where six or more dogs, cats or like domesticated animals more than one year old are kept, boarded, groomed, trained, raised or bred for compensation.
LABORATORY
A building or group of buildings which houses the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale, except as an accessory use.
LAND DEVELOPMENT  
Any of the following activities:
[Amended 8-28-1991 by Ord. No. 17-1991]
A. 
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.
B. 
A subdivision of land.
C. 
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, as amended through December 21, 1988.[18]
LAND DEVELOPMENT PLAN
A sketch, preliminary or final plan submitted in compliance with the requirements of the Borough of West Chester Subdivision and Land Development Ordinance,[19] showing the provision for development of a tract of land. See also "subdivision plan."
LANDOWNER
The 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 another person having proprietary interest in the land.
LANDSCAPED AREA
That portion of a tract or lot in which plantings have been installed in accordance with the provisions for landscaping in Article XVI. The landscaped area includes the buffer planting strip and those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like.
LANDSCAPING
The planting of trees, shrubbery, ground cover, turf and the like, including the maintenance and replacement thereof, for the control of erosion, retention of precipitation or surface water runoff, promotion of human comfort and welfare, screening of glare, baffling of noise, creation of shade, articulation of space, screening of parking and loading areas or for other functional or environmental reasons.
LANDSCAPING PLAN
A plan for the installation and maintenance of plantings, prepared according to the provisions of Article XVI.
LAND SITE
A tract or parcel of land that contains a wireless communications facility or other permitted uses associated with and ancillary to wireless communication transmission.
[Added 4-19-2000 by Ord. No. 8-2000]
LAUNDROMAT
An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public for family laundering or dry-cleaning purposes.
LIVESTOCK
Animals of any kind raised for sale, resale or agricultural field production. The keeping of one or more horses or ponies for noncommercial recreational purposes or for pleasure or the keeping of common household pets such as dogs, cats and the like for noncommercial purposes shall not be considered as the keeping of livestock.
LOADING SPACE, OFF-STREET
A space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers.
LONG-TERM EFFECTS
Results which occur or become apparent after short-term effects are experienced.
LOT
A contiguous quantity of land held in single and separate ownership, described by metes and bounds, the description of which is or shall be recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania, by deed description and may also be described on an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania.
[Amended 11-28-2001 by Ord. No. 15-2001]
LOT AREA
The area of land contained within the property lines of a lot, including the area of any easement, but excluding any area within an existing or designated future street or a transportation right-of-way.
LOT, CORNER
A lot abutting upon two or more intersecting streets or upon two parts of the same street at the point of an abrupt change in direction, forming an interior angle at the corner point of less than 135º.
LOT DEPTH
The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, FLAG OR INTERIOR
Any lot which has limited frontage and connection to a street by means of an access strip of the required minimum lot width at the street line.
LOT LINE
A property boundary line shown on a recorded plan or described in a recorded deed. 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 right-of-way.
LOT LINE, FRONT
That boundary line of the lot parallel to the street line, provided that any portion of the lot which crosses the street line will have the street line as its front lot line. In the case of a corner lot, both street lines shall be deemed the front lot line.
LOT LINE, REAR
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, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the rear lot line.
LOT LINE, SIDE
Any lot line which is not a street line or a rear lot line.
LOT, REVERSE-FRONTAGE
A lot extending between and having frontage on two generally parallel streets.
LOT SIZE
The lot area.
LOT WIDTH
The distance measured between the side lot lines at the required building setback line. When there is only one side lot line, as in the case of a corner lot, the lot width shall be measured between such lot line and the opposite lot line.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. See also "mobile home park."
MASSAGE PARLOR
An establishment in which personal massages are offered to customers or clients, but excluding any establishment or use therein which would be prohibited by the Pennsylvania Crimes Code.[20]
[Amended 3-18-2009 by Ord. No. 2-2009]
MASS TRANSPORTATION
A public common carrier transportation system for trains, buses, jitneys and other like transit with established routes and fixed schedules for trains, buses, jitneys and other like transit.
[Added 11-28-2001 by Ord. No. 15-2001]
MECHANICAL AMUSEMENT DEVICE
Any electronic or mechanical device, machine or apparatus which, upon the insertion of a coin, token or slug or other form of payment, operates or may be operated as a game or contest of skill or amusement of any kind or description and which contains no automatic payoff devices for the retum of money or tokens or slugs or which makes no provision whatever for the return of money to the player. A mechanical amusement device is also any electronic or mechanical device, machine, apparatus or contrivance which is used or which may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. The term "mechanical amusement device" is also hereby defined to be and shall include each machine vending (visual) entertainment in return for the insertion or deposit therein of a coin or token or slug; provided, however, that this does not include coin-operated radios or television sets in private quarters.
[Amended 3-18-2009 by Ord. No. 2-2009]
MEDICAL CLINIC
A medical establishment offering outpatient medical or dental services operated by a physician or dentist who is licensed to practice in the Commonwealth of Pennsylvania.
[Added 1-19-2005 by Ord. No. 2-2005]
MICROWAVE ANTENNA
A parabolic reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone, dolomite, sand gravel, rock stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay, anthracite and bituminous coal, coal refuse, peat, crude oil and natural gas.
[Added 11-28-2001 by Ord. No. 15-2001]
MINISTORAGE FACILITY 
An establishment consisting of attached individual units used exclusively for the storage of goods, together with one office area for administrative support, provided that:
A. 
No exterior storage shall be permitted on the premises.
B. 
No storage of petroleum products, explosives, firearms, volatile or flammable chemicals or any other property or material which would materially increase the hazard or likelihood of fire, explosion or other casualty shall be permitted on the premises.
C. 
No storage of foodstuffs, produce or other perishables shall be permitted on the premises.
D. 
No storage of pets or animals shall be permitted on the premises.
E. 
No unit shall be used for any purpose other than the exclusive use for storage as permitted.
MINOR REPAIR
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 repairs include addition to, alteration of, replacement of 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.
MITIGATION
The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.
MOBILE HOME
See "dwelling unit, single-family detached, mobile home."
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home which is leased by the mobile home park owner to the owner or occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use and consists of two or more mobile home lots. See also "manufactured home park or subdivision."
MONOPOLE
A WCF or site that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added 5-5-2016 by Ord. No. 4-2016]
MOTEL
A building or group of buildings containing more than six guest rooms, especially designed for the temporary lodging of transient guests, containing rooms having entrances provided directly or closely in connection with automobile parking. Such establishment shall provide guests with maid service and the furnishing and laundering of linen. Eating and drinking facilities may be an accessory use to a motel.
MUFFLER or SOUND-DISSIPATIVE DEVICE
A device designed or used for decreasing or abating the level of sound escaping from an engine, machinery or like system.
MUNICIPAL USE
Any use conducted by West Chester Borough, an agency of the Borough or any authority created by the Borough for administrative buildings, equipment or material storage, public park or recreational areas, public sewage treatment and/or water supply collection, treatment, storage and/or distribution facilities, stormwater management facilities, public parking garages, public libraries or any similar use owned and operated by the Borough, an agency of the Borough or any authority created by the Borough. The definition of "municipal use" expressly excludes any use by any governmental agency or authority other than those of West Chester Borough.
[Amended 10-27-2010 by Ord. No. 19-2010]
NATIONAL REGISTER
The National Register of Historic Places, a list maintained by the Secretary of the Interior composed of buildings, sites, structures, objects and districts of national, state or local significance in American history, architecture, archaeology, engineering and culture.
NATIONAL REGISTER HISTORIC DISTRICT
Any area or district listed in the National Register of Historic Places as maintained by the National Park Service, United States Department of the Interior, such as the West Chester Downtown Historic District.
NET FLOOR AREA
The total of all floor areas of a building, measured from the interior surface of the walls, excluding any space where the average floor-to-ceiling height is less than six feet, stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
NOISE
Any sound which annoys or disturbs humans or animals or which causes or tends to cause an adverse psychological or physiological effect on humans or animals.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals, endangers or injures personal or real property, disturbs the peace or creates a nuisance, in accordance with § 112-95.
NONCONFORMING
A condition or characteristic of a building, structure, lot, use or other activity or a property which does not conform to or comply with the provisions and requirements of this chapter, where such condition or characteristic legally existed prior to the enactment or amendment of this chapter.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
Wireless communications facilities other than tower-based wireless communications facilities.
[Added 5-5-2016 by Ord. No. 4-2016]
NONTRANSIENT USE
A use which manifests itself for a period of not less than six consecutive months.
NUDE MODEL STUDIO
Any place where a person appears semi-nude or in a state of nudity or displays specified anatomical areas and is observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or an establishment within an educational use as defined in this chapter.
[Added 3-18-2009 by Ord. No. 2-2009]
NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.
[Added 3-18-2009 by Ord. No. 2-2009]
NUISANCE
Anything that interferes with the use or enjoyment of property, endangers personal health or safety or is offensive to the senses.
NURSING HOME
A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation, provided that the facility has obtained proper governmental licensing. The term "convalescent home" is included in this definition.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any 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 water might carry the same downstream to the damage of health, safety and property.
ON-LOT SEWAGE DISPOSAL
A single system of piping, septic tanks or other facilities serving a single lot, collecting and disposing of sewage in whole or in part into the soil on the lot where such system is used through septic tank filter fields and in compliance with the prevailing federal, state, county and municipal regulations.
ON-LOT WATER SUPPLY
An individual well on the lot where the well services one lot and/or a water supply on a lot serving the permitted use or building, in compliance with the prevailing federal, state and county regulations.
OPEN SPACE
Natural or landscaped areas restricted in perpetuity to natural resource protection, conservation or recreation or used for noise and/or visual buffers or for other purposes as described in the open space provisions of Article IV.
PARKING SPACE
A reasonably level space which is at least 9 feet by 18 feet in size, or larger as required in this chapter, available for the parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. A parking space shall include either covered garage space or uncovered parking lot space which is directly accessible from a street or aisle in a parking lot.
[Amended 8-28-1991 by Ord. No. 17-1991]
PARTY WALL
A common shared wall between two separate buildings. For purposes of a single-family attached or single-family semidetached dwelling, the party wall must extend continuously from the foundation of the dwelling through the roof of the dwelling.
[Amended 4-20-2011 by Ord. No. 6-2011]
PAVED SURFACE
An impervious surface which manifests itself with materials such as concrete, asphalt, flagstone, brick, stone or like composition.
PEDESTRIAN-ORIENTED FRONTAGE
A building frontage devoted to uses which are sidewalk-oriented and physically and visually accessible by pedestrians from the sidewalk and which enhances pedestrian activities. Uses which compose pedestrian-oriented frontages include, but are not limited to, retail stores or shops, restaurants, cafes, and other uses with a landscaped plaza, landscaped courtyard, landscaped entrance court, sculpture garden, translucent window display area which showcases art, sculpture or like icons, and other civic-like space accessible to pedestrians. Pedestrian-oriented frontages are required for all buildings with first floor/ground floor frontage for all lots within the Retail Overlay District.
[Added 11-28-2001 by Ord. No. 15-2001]
PERSON
Any individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors, or any of them, of partnerships, associations, corporations or other forms of entity.
PERSONAL CARE HOME
A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.
[Added 5-10-1995 by Ord. No. 5-1995; amended 7-15-2015 by Ord. No. 10-2015]
PERSONAL SERVICE SHOPS
Businesses in the Town Center and Commercial Service Districts which offer personal services such as barber, beautician, shoe repair, dry cleaner, tailor, seamstress, laundromat, dressmaker, photographer, caterer, travel agent and massage therapist licensed by the commonwealth pursuant to the Massage Therapy Law.
[Amended 10-27-2010 by Ord. No. 19-2010][21]
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture, Natural Resource and Conservation Services, and the Soil Survey of Chester and Delaware Counties.
[Added 11-28-2001 by Ord. No. 15-2001]
PRINCIPAL BUILDING
See "building, principal."
PRINCIPAL FACADE
The facade of a building or structure along the street on which the building has frontage, excluding alleys and other rights-of-way. On a corner lot, the property owner shall select and declare which facade is the principal facade.
[Added 12-19-2007 by Ord. No. 18-2007]
PRINCIPALLY ABOVE GROUND
Where at least 51% of the actual cash value of a structure, less land value, is above ground.
PROCESSING
A function involved in the manufacture of materials, goods or products in which they are not physically changed except for packaging or sizing.
PROFESSIONAL OFFICE
The office of a professional practitioner.
PROFESSIONAL PRACTITIONER
A trained and certified or licensed individual, such as a medical practitioner, lawyer, accountant or design professional.
PROJECT
A subdivision, a land development or any development involving the construction or alteration of buildings or other structures or the grading or excavation of land to accommodate a building, structure or use.[22]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
[Amended 3-16-2005 by Ord. No. 5-2005]
PUBLIC PLACE OF AMUSEMENT
Any facility used for the purpose of providing, for a charge, recreation and/or amusement to the public. An arcade and bowling alley are examples of public places of amusement. Health clubs, spas and adult entertainment uses are not included in this definition.
[Amended 3-18-2009 by Ord. No. 2-2009]
PUBLIC RECREATION
Leisure-time activities, including but not limited to sports and entertainment, that are open to anyone without restriction, except for rules and standards of conduct and use.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SERVICE FACILITIES
Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or utility service.
PUBLIC SEWAGE DISPOSAL SYSTEM
A system which is administered and operated by a governmental agency, authority or commission and involves the collection, conveyance, treatment (at a sewage treatment plant) and disposal of wastes from customers in compliance with prevailing federal, state and municipal regulations.
PUBLIC SPACE
A real property or structures thereon which are owned or controlled by a governmental entity.
PUBLIC STREET OR WAY
Any land dedicated to public use or passage, including but not limited to streets, alleys, parks and pedestrian rights-of-way, whether constructed, dedicated or proposed.
PUBLIC WATER SUPPLY SYSTEM
A system for water distribution and water supply which is owned, administered and operated by an organization which is regulated by a governmental agency, authority or commission.
RAIL TRANSPORTATION
A form of mass transportation that involves train routes.
[Added 11-28-2001 by Ord. No. 15-2001]
REAL PROPERTY
All land, whether publicly or privately owned, whether improved or not improved, with or without structures.
RECREATION, ACTIVE
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, tennis courts, basketball courts and swimming pools.
RECREATIONAL FIELD SIGN
A sign affixed to the inside of a fence which is installed around a baseball field owned by the Borough.
[Added 9-19-2012 by Ord. No. 19-2012]
RECREATIONAL VEHICLE
A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure-time or recreational use or for travel. Recreational vehicles or units include travel trailers, truck-mounted campers, motor homes, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers are also deemed "recreational vehicles."
RECREATION, PASSIVE
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.
REGISTERED HISTORIC DISTRICT
An historic district listed in the National Register of Historic Places or a state or local historic district whose statute has been certified by the Secretary of the Interior and which is certified as meeting substantially all the requirements for National Register listing.
REHABILITATION
The process of returning a property to a state of utility through repair or alteration, which provides for a contemporary use while preserving those portions and features of the property which are significant to its historical, architectural and cultural values.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
[Added 5-5-2016 by Ord. No. 4-2016]
RELIGIOUS USE
A nonprofit use of land or a building at which religious worship, ceremonies and related activities are held regularly by a group which practices the religion. Religious use may include a place of worship, convent, rectory, parish house or similar religious institution.
REPAIR
The replacement of existing construction with the same material for the purpose of maintenance only, but not including any addition, removal or modification in construction.
RESEARCH LABORATORY
An establishment for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products.
RESTAURANT
A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed on the premises and within the building.
RESTAURANT - CAFE
A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed on the premises and in an area on the sidewalk directly abutting and adjacent to and upon the same lot as a restaurant or any premises licensed by the Pennsylvania Liquor Control Board pursuant to regulations of the Board to conduct business on the above-mentioned premises.
[Added 8-28-1991 by Ord. No. 17-1991; amended 2-17-2010 by Ord. No. 7-2010]
RESTAURANT, DRIVE-IN
A building and adjoining parking area used for the purpose of furnishing food and beverages to the public for consumption on the premises outside the principal building while patrons remain seated in their parked vehicles.
RESTAURANT, FAST-FOOD
A building or part of a building used for the purpose of furnishing food and beverages to the public where customers place their orders at an inside service counter and where food is served for consumption either at eating areas within the building or is taken out for consumption away from the premises.
RESTAURANT, FAST-FOOD WITH DRIVE-THROUGH SERVICE
A fast-food restaurant or section thereof which is designed to allow for the serving and pickup of food and beverages without leaving the vehicle, for off-premises consumption.
RESTAURANT, TAKE-OUT
A building or part of a building used primarily for the purpose of selling food and beverages to the public for consumption off the premises.
RETAIL OVERLAY DISTRICT
The portion of the Town Center District, as shown on the Retail Overlay District Map,[23] in which pedestrian-oriented frontage shall be created and maintained on the first floor/ground floor of buildings.
[Added 11-28-2001 by Ord. No. 15-2001]
RETAIL STORE OR SHOP
An enterprise engaged in the sale of goods or merchandise to the general public, and the rendering of services incidental to such sale, for items such as antiques, books, beverages, confections, dry goods, flowers and plants, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, paint, periodicals, stationery, tobacco or wearing apparel.
RIGHT-OF-WAY
A strip of land granted or reserved for public or private use or access.
ROAD
See "street."
ROOMING HOUSE
A dwelling providing lodging with or without meals, but including common cooking and sanitary facilities.
SANITARY SEWAGE
Any liquid waste containing animal or vegetable matter in suspension or solution or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers or any other source of water-carried man-made waste.
SANITARY SEWER
A pipe that conveys sanitary sewage.
SCREEN
Plant materials, fencing, walls and/or earthen berms to aid in the concealment of a building, structure, road, quarry or other landscape element.
SCREEN PLANTING
The plantings which are used in a buffer planting strip or other landscaping arrangement to create a continuous visual buffer.
SECONDARY EFFECTS
The results of an indirect or nonimmediate influence of one entity or condition upon another.
SECONDARY STREET
See "street, secondary."
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
Standards used by the Secretary of the Interior, as administered by the National Park Service, when determining if a rehabilitation project qualifies as a certified rehabilitation pursuant to the Tax Reform Act of 1986.
SEMI-NUDE
The state of dress in which specified anatomical areas are not entirely concealed.
[Added 3-18-2009 by Ord. No. 2-2009]
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter and discharge of the liquid portion into a disposal area.
SEPTIC TANK FILTER FIELD
A system of open-jointed pipes intended to distribute septic tank effluent into the ground for absorption and evaporation.
SETBACK
See "building setback line."
SEWAGE
The total of organic waste and wastewater generated by residential, industrial, commercial, institutional or other establishments.
SEWER
Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the source to treatment plants and to a receiving stream or other drainageway.
SEWERAGE
All effluent carried by sewers, whether it is sanitary sewage, residential, commercial or industrial wastes or stormwater runoff, or the entire system of sewage collection, conveyance, treatment and disposal.
SEWER, PUBLIC SEWERAGE DISPOSAL SYSTEM/ PUBLIC SEWER
See public sewage disposal system.
SEXUALLY ORIENTED BUSINESS
Includes adult entertainment center, adult merchandise store, adult cabaret, adult motion-picture theater, adult theater, escort agency, massage parlor and nude model studio.
[Added 3-18-2009 by Ord. No. 2-2009]
SHOPPING CENTER
An integrated group of commercial establishments planned, constructed, operated and managed in a unified manner, where customer and employee parking is provided on site and provision for the delivery of goods is separated from customer access.
SHORT-TERM EFFECTS
Results which occur immediately or within a short period of time, such as a week or month.
SIDEWALK
A concrete or brick walkway required for pedestrian use.
SIDEWALK SALE
A seasonal or occasional sale held on the sidewalk or other structure along the front or side of a particular store or establishment where goods are offered for sale to the public, typically at a discounted price.
SIGHT DISTANCE
The length of street visible without obstruction to a driver of a motor vehicle.
SIGN
Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch or of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones built into or attached to a wall of a building shall not be construed to be signs.
SIGN, ACCESSORY
Any sign which specifically relates to the permitted use of the premises on which said sign is erected and which serves as a further description of products available or services provided.
SIGN AREA
Includes all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the "area" shall be considered to be that of the smallest rectangle or other shape, including the sign background, which encompasses all of the letters and symbols.
SIGN, BANNER
A sign which is permitted to promote special community events for a temporary period of time as provided for herein.
SIGN, BANNER/ADVERTISING
An advertising banner, cloth or sign of similar character, suspended or hung on a property, which is a temporary sign.
[Added 5-20-1992 by Ord. No. 7-1992]
SIGN, CHANGEABLE-COPY
A sign with characters or letters that can be changed or rearranged either manually or through electronic means through the display area of the sign, being comprised of elements such as liquid crystal diodes (LCD), light-emitting diodes (LEDs), fluorescent bulbs or lamps, plasma, or other digital illuminated display.
[Added 6-21-2017 by Ord. No. 7-2017]
SIGN, FLASHING
A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in lighting effects. Illuminated signs which alternately indicate the time, temperature or date information shall not be considered to be "flashing signs."
SIGN, FREESTANDING
See "sign, pole."
SIGN, GROUND
Any sign supported by uprights or braces placed upon the ground and not attached to any building or any sign which emerges directly from the ground surface, such as a masonry or decorative masonry sign.
SIGN, ILLUMINATED
A sign designed to provide artificial light directly, or through transparent or translucent material, from a source of light within such sign, such as backlighting, or a sign with illumination derived from an external artificial source so arranged that no direct light is projected from such artificial source to areas other than the immediate sign being illuminated.
SIGN, MARQUEE
Includes any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a pedestrian walk or other way.
SIGN, OFF-PREMISES
A sign which directs attention to a business, commodity, service, entertainment or other use or activity conducted, sold or offered at a location other than the premises on which the sign is located, but excluding recreational field signs.
[Amended 9-19-2012 by Ord. No. 19-2012]
SIGN, ON-PREMISES
A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises.[24]
SIGN, PARALLEL
See "sign, wall."
SIGN, PERMANENT
A sign permanently affixed or intending to be permanently affixed to the exterior of a building.
[Added 5-20-1992 by Ord. No. 7-1992]
SIGN, POLE
A sign that is mounted on or suspended from a freestanding pole, column or other support located in or upon the ground surface.
SIGN, PROJECTING
A sign which is attached directly to the wall of a building which extends more than 12 inches beyond the edge of any wall or surface to which it is affixed.
[Amended 5-20-1992 by Ord. No. 7-1992]
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises on which the sign is located.
SIGN, ROOF
Any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof.
SIGN, SIDEWALK
An A-frame sign or sign of similar character which is placed upon sidewalks and is not permanently affixed to any structure.
[Added 5-20-1992 by Ord. No. 7-1992]
SIGN, TEMPORARY
Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a period of no more than 60 days in a calendar year; provided, however, that the sign may not be continuously displayed from one calendar year to the next calendar year if such display would result in the sign being continuously displayed for more than 60 consecutive days.
[Amended 5-20-1992 by Ord. No. 7-1992]
SIGN, WALL
A sign which is mounted to a wall or other vertical building surface, not extending more than 12 inches beyond the edge of any wall or other surface to which it is affixed.
[Amended 5-20-1992 by Ord. No. 7-1992]
SIGN, WINDOW
A temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter and have continued since the date to be so separately described in all subsequent recorded deeds of conveyance.
SINGLE-FAMILY ATTACHED, DETACHED OR SEMIDETACHED DWELLING
See "dwelling unit."
SITE
A tract or parcel of land or combination of contiguous lots or parcels of land.
SITE RESTORATION
Measures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.
SKILLED NURSING FACILITY
A long-term facility which provides for personal health care or a distinct part of another facility that is licensed or approved as a nursing home, infirmary, unit of a home for the elderly or a governmental medical institution.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
SPECIAL EXCEPTION
A ruling or formal permission to use a property in a particular way, the granting of which is a function of the Zoning Hearing Board in accordance with the provisions of Article XVIII, whereby the Zoning Hearing Board hears and decides requests for uses, stipulated as uses by special exception in this chapter, in accordance with explicit standards and criteria. The Zoning Hearing Board may grant or deny such requests based on such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.
[Added 3-18-2009 by Ord. No. 2-2009]
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
[Added 3-18-2009 by Ord. No. 2-2009]
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
C. 
Excretory functions as part of or in connection with any of the activities set forth in Subsections A and B above.
SPRING
A place where, without the agency of man, water flows from a rock or soil upon the land or into a body of surface water.
STABLE
Any building, structure or portion thereof which is used, in whole or in part, for the shelter or care of sheep, goats, horses or cattle.
START OF CONSTRUCTION or START OF SUBSTANTIAL IMPROVEMENT
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 on a site, such as the pouring of a 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.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
[Added 5-5-2016 by Ord. No. 4-2016]
STEEP SLOPE
The area of land which is characterized by a change of elevation of 20% or more over a distance or contour specified in the Subdivision and Land Development Ordinance.
[25]
STORAGE
The deposit of goods, materials or products intended for future use or disposition, including a warehouse or distributorship.
STORY
That part of a building located between the upper surface of a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two exterior walls are not much more than two feet above the floor.
STREET
A public or privately owned right-of-way serving as a means of vehicular travel, furnishing access to abutting lots and also used to provide space for installation of improvements such as sewers, other utilities, street trees and sidewalks.
STREET LINE
The right-of-way line of a street where it crosses a lot; the dividing line between a lot and the street.
STREET, PRIMARY
A street which serves as the principal means of vehicular travel to provide access to the front yard of abutting properties.
STREET, SECONDARY
A street which serves as a subordinate means of vehicular travel to provide access to the side yard or rear yard of abutting properties, such as an alley.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, fire separation walls, partitions, columns, beams or girders; or any change which could convert an existing building or other structure into a different structure or adapt the structure to a different use or which, in the case of a nonconforming building or other structure, would prolong the life of such building or owner structure.
STRUCTURE
Any man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land.
STUDENT
An individual who is enrolled or has made application and been accepted at a university, college or trade school and is taking at least six credit hours and whose primary occupation is as a student or who is on a semester or summer break from studies at a college, university or trade school. The term "student" shall apply to both undergraduate and graduate students alike.
[Added 4-18-2001 by Ord. No. 5-2001]
STUDENT HOME
A living arrangement for at least two students to a maximum of four students (as defined in this chapter) unrelated by blood, marriage or legal adoption. Student homes shall not include dormitories.
[Added 4-18-2001 by Ord. No. 5-2001; amended 9-19-2001 by Ord. No. 10-2001]
STUDENT HOUSING
Housing for students in the form of a dormitory, fraternity house, sorority house or rooming house.
SUBDIVISION
The 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, conveyance or other 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 residential dwellings, shall be exempted.
SUBDIVISION PLAN
A sketch, preliminary or final plan submitted in compliance with the Borough of West Chester Subdivision and Land Development Ordinance,[26] showing the provision for the subdivision of a tract of land. See also "land development plan."
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure had been damaged and is being restored, before the damage occurred. A substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or municipal health, sanitary or safety codes which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or the Pennsylvania Inventory of Historic Places.
[Added 5-5-2016 by Ord. No. 4-2016]
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SURFACE RUNOFF
That part of the precipitation that passes over the surface of the land to the nearest stream without first passing beneath the surface.
SWIMMING POOL
Any permanent pool not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1 1/2) feet. "Swimming pool" regulations are set forth in Article XVI.
SWIMMING POOL, PUBLIC OR SEMIPUBLIC
Any swimming pool other than a private swimming pool, including publicly and privately owned pools open to the general public and pools owned and operated in conjunction with membership organizations, motels, hotels and other similar uses.
TAVERN
An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, and may include the sale of food as an accessory use.
TEMPORARY STRUCTURES
Tents, membrane structures and other construction erected for a period of less than 180 days.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Wireless communications facilities that include the installation of a structure that is used for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers, monopoles, utility poles and light poles. DAS hub facilities shall be considered to be tower-based WCFs.
[Added 5-5-2016 by Ord. No. 4-2016]
TRACT
A lot or one or more contiguous lots assembled for the purpose of development.
TRAVEL TRAILER
A portable vehicular structure, built on a chassis and designed as a temporary dwelling for travel, recreation, vacation and other short terms.
UNIFIED INSTITUTIONAL DEVELOPMENT
A unified development which contains multiple institutional uses built or developed on a single block which utilize common architectural and design principles and share common vehicular and pedestrian access and parking.
[Added 7-15-2015 by Ord. No. 10-2015]
USE
An activity or the specific purpose for which land or a building or other structure is designed, arranged, intended or improved or for which it is or may be occupied or used.
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board to modify or deviate from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article XVIII.
WAREHOUSE
A building used primarily for the storage of goods and materials, distinct from ordinary on-site storage connected with retail enterprise and from ministorage.
WATERCOURSE
A permanent or intermittent stream, brook, creek or channel or ditch for water, whether natural or man-made.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added 5-5-2016 by Ord. No. 4-2016]
WEST CHESTER DOWNTOWN HISTORIC DISTRICT
An historic district listed on the National Register of Historic Places.
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to retailers to industrial, commercial, institutional or professional business users or to other wholesalers or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.[27]
WIRELESS
Types of transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 5-5-2016 by Ord. No. 4-2016]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antenna, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing or accommodating wireless telecommunication services.
[Added 4-19-2000 by Ord. No. 8-2000; amended 5-5-2016 by Ord. No. 4-2016]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.
[Added 5-5-2016 by Ord. No. 4-2016]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the Borough.
[Added 5-5-2016 by Ord. No. 4-2016]
WOODLAND
An area of vegetation in which the dominant plants are trees that are indigenous to such area.
YARD
An open area on a lot extending along a lot line and inward from such line. The minimum dimension of a required "yard" shall be as provided for each district and shall measure as the shortest distance between the lot line and a line parallel to such line.
YARD, FRONT
A yard abutting a street line of a primary street extending the full width of the lot along the front lot line of such yard and extending in depth from the front lot line to the building setback line. In the case of a corner lot, the yards extending along all streets are "front yards," and the remaining yards shall include a rear yard, opposite the street on which the principal building is generally faced, and a side yard opposite the other street.
YARD, REAR
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 building setback line.
YARD, SIDE
A yard extending the full depth of the lot along the side lot line and extending in width from such side lot line to the building setback line.
ZERO LOT LINE
The location of a building on a lot in such a manner that one of the sides of the building is located directly on the lot line.
[1]
Editor's Note: The former definition of "adult bookstore," which immediately followed this definition, was repealed 3-18-2009 by Ord. No. 2-2009.
[2]
Editor’s Note: The definitions of “base flood” and “base flood elevation,” which immediately followed this definition, were repealed 6-21-2017 by Ord. No. 8-2017. See now Art. XII.
[3]
Editor's Note: See Ch. 43, Building Construction.
[4]
Editor's Note: See 53 P.S. § 8001 et seq.
[5]
Editor's Note: The former definitions of "commercial communications antenna," "commercial communications antenna support structure," and "commercial communications antenna support structure height," added 4-19-2000 by Ord. No. 8-2000, which immediately followed this definition, were repealed 5-5-2016 by Ord. No. 4-2016.
[6]
Editor's Note: See Ch. 97, Subdivision and Land Development.
[7]
Editor's Note: See Ch. 97, Subdivision and Land Development.
[8]
Editor’s Note: The definitions of “flood,” “flood fringe,” “flood, one-hundred-year,” “floodplain,” “flood-prone area,” “floodproofing” and “floodway and floodway fringe,” which immediately followed this definition, were repealed 6-21-2017 by Ord. No. 8-2017. See now Art. XII.
[9]
Editor's Note: This ordinance also repealed the former definition of "group quarters institution," which immediately followed.
[10]
Editor's Note: The Historic Carriage House Map is on file in the Borough offices.
[11]
Editor's Note: See 53 P.S. § 8001 et seq.
[12]
Editor's Note: The West Chester Historic Resources Map is located at the end of this chapter.
[13]
Editor's Note: The West Chester Historic Resources Map is located at the end of this chapter.
[14]
Editor’s Note: The former definition of "home for handicapped individuals," which immediately followed, was repealed 2-19-2014 by Ord. No. 1-2014.
[15]
Editor’s Note: This ordinance also repealed the former definitions of “home occupation, major” and “home occupation, minor,” both of which were added 11-17-1999 by Ord. No. 12-1999, and both of which immediately followed this definition.
[16]
Editor's Note: See Ch. 97, Subdivision and Land Development.
[17]
Editor’s Note: The former definition of "institution," which immediately followed this definition, was repealed 7-15-2015 by Ord. No. 10-2015.
[18]
Editor's Note: See 53 P.S. § 10503(1.1).
[19]
Editor's Note: See Ch. 97, Subdivision and Land Development.
[20]
Editor's Note: See 18 Pa. C.S.A. § 101 et seq.
[21]
Editor's Note: The definition of "philanthropic use," which immediately followed this definition, was repealed 2-21-1996 by Ord. No. 4-1996.
[22]
Editor's Note: The former definition of "provider," added 4-19-2000 by Ord. No. 8-2000, which immediately followed this definition, was repealed 5-5-2016 by Ord. No. 4-2016.
[23]
Editor's Note: The Retail Overlay District Map is on file in the Borough offices.
[24]
Editor's Note: The former definition of "sign, outdoor advertising billboard," which immediately followed this definition, was repealed 9-21-2011 by Ord. No. 16-2011.
[25]
Editor's Note: See Ch. 97, Subdivision and Land Development.
[26]
Editor's Note: See Ch. 97, Subdivision and Land Development.
[27]
Editor's Note: The former definition of "wireless communications equipment building" added 4-19-2000 by Ord. No. 8-2000, which immediately followed this definition, was repealed 5-5-2016 by Ord. No. 4-2016.