A.Â
It is not intended that this glossary include only
words used or referred to in this chapter. The words are included
in order to facilitate the interpretation of this chapter for administrative
purposes and in the carrying out of duties by appropriate officers
and by the Zoning Hearing Board.
B.Â
Unless otherwise expressly stated, the following shall,
for the purpose of this chapter, have the meaning herein indicated:
(1)Â
Words used in the present tense include the future
tense.
(2)Â
The word "person" includes one or more individuals,
a profit or nonprofit corporation, company, partnership, individual,
association, society, or organization.
(3)Â
The words "used" or "occupied" as applied to any land
or building include the words "intended", "arranged", or "designed"
to be used or occupied.
(4)Â
The word "building" includes a structure.
(5)Â
The word "lot" includes a plot or parcel.
(6)Â
The word "shall" is always mandatory.
For the purposes of this chapter, the following
words, terms, and phrases have the meaning herein indicated:
The nonuse of a nonconforming use or building for a period
of one year.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
An accessory building which is unattached to a foundation
and is of the type which can be readily moved to another location.
These include, but are not limited to, prefabricated metal tool sheds
and children's playhouses.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
An adult store, adult entertainment cabaret, adult theater,
and other adult uses as defined below:
ADULT BOOKSTOREAny establishment or place:
Which has its principal stock-in-trade consisting
of the following items:
Books, magazines or other periodicals, films
or other forms of audio or visual representation which are distinguished
or characterized by an emphasis on depiction, description or display
of sexual activities or conduct or nudity;
Instruments, devices or paraphernalia which
are designed primarily for use in connection with specified sexual
activities or conduct.
To which the public is permitted or invited
wherein coin or slug-operated or electronically or mechanically controlled
still or motion picture machines, projectors or other image-producing
devices are maintained to show images, with or without sound, where
the images so displayed are distinguished or characterized by an emphasis
on depiction, description or display of specified sexual activities
or conduct or nudity.
ADULT ENTERTAINMENT CABARETA public or private establishment or place which features live sex, topless dancers, strippers, male or female impersonators, or similar entertainers, or any similar establishment to which access is limited to persons 18 years of age or older. However, nonprofit entities which infrequently feature such entertainers in programs for charitable fund-raising purposes only, and which are not providing such entertainment as a main function or purpose of their existence, are exempted from the requirements of this chapter.
ADULT THEATERAn enclosed building used regularly and routinely for presenting any form of audio and/or visual material, and in which a significant portion of the total presentation time measured over any consecutive twelve-month period is or will be devoted to the showing of material which is distinguished or characterized by emphasis on depiction, description or display of specified sexual activities or nudity.
OTHER ADULT USESAny business, activity or use, similar to or of the same general nature as the uses listed above.
Definitions for describing adult commercial
uses:
The raising and keeping of field, truck, and tree crops and
all structures and activities customarily associated therewith.
Activities conducted on a farm and offered to the public or invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be directly related to agriculture or natural resources and incidental to the primary operation of the farm/site. Permitted activities are those as set forth in Article VII, § 500-50.1.
[Added 12-14-2017 by Ord.
No. 2017-13]
See "short-term rental."
[Added 3-11-2021 by Ord.
No. 2021-01]
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams, or girders.
A change in use in any district which includes revisions
to the zoning text and/or the Official Zoning Map. The authority for
any amendment lies solely with the municipal governing body.
A building used for the treatment, housing, or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
The feeding, breeding, management and sale of or the products
of livestock, poultry, fur-bearing animals, honey bees, etc., not
including household and farm pets, and all structures and activities,
including the raising of livestock feed or pasturing customarily associated
with the activity.
The mayor in cities; the board of commissioners in counties;
the Council in incorporated towns and boroughs; the board of commissioners
in townships of the first class; and the board of supervisors in townships
of the second class; or as may be designated in the law providing
for the form of government.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
Any place not enclosed within four walls and a roof where
more than one automobile, which does not bear a current Pennsylvania
State Inspection sticker and/or is not fit for immediate highway use,
is stored or disassembled.
The total area within the lot lines.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes, other than a game or recreation room.
The use of a structure which includes the rental of overnight
sleeping accommodations and bathroom access for a maximum of 10 guest
rooms at any one time, and which does not provide any cooking facilities
and may or may not provide meals to guests. This use shall only include
a use renting facilities on a temporary basis and not as a residential
establishment. The use is distinct from a hotel, motel, boarding house
or group care facility.
A panel-type sign upon which advertising matter of any character
is printed, posted, or lettered; it may be either freestanding or
attached to a surface of a building or other structure, and generally
advertising products and services available on premises other than
the premises on which the billboard is situated.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished room within a house shall be deemed
a boarding house.
Any structure having a roof supported by walls, and intended
for shelter, housing or enclosure of persons, animals or chattel.
Any building which has one or more side walls in common with
any adjacent building.
A building surrounded on all sides by open spaces on the
same lot.
The line of the face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and the mean height between eaves and ridge for gable, hip,
and gambrel roofs.
The line of a structure or building existing at the effective
date of this chapter or the legally established line which determines
the location of a future building or structure or portion thereof
with respect to any lot line or street right-of-way line.
A building in which is conducted the principal use of the
lot on which it is located.
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
support by columns or posts, except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
A farm that grows various types of trees used in celebrating
Christmas where sales are made directly to the public and where the
customers cut their own trees or select trees for cutting by the owner.
[Added 12-14-2017 by Ord.
No. 2017-13]
Retail, office, banking and service establishments utilized
for commerce and trade.
Retail, office, banking and service establishments utilized
for commerce and trade of sufficient scale to serve the entire community.
Small-scale retail and personal service establishments intended
to serve the immediate neighborhood. Such uses include, but are not
limited to, grocery stores, drugstores, soda fountains, shoemakers,
tailors and dressmakers, dry-cleaning establishments, coin and service
laundries, etc.
Are of sufficient scale to serve and attract a regional clientele.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents or the planned residential development,
not including streets, off-street parking areas, and areas set aside
for public facilities.
A comprehensive plan (overall program) consists of maps,
charts, and textual matter, and indicates the recommendations of the
planning commission for the continuing development of the municipality.
The comprehensive plan includes, but is not limited to, the following
related basic elements: a statement of objectives; a plan for land
use; a plan to meet the housing needs of present residents and of
those individuals and families anticipated to reside in the municipality;
a plan for the movement of people and goods; a plan for community
facilities and utilities; a statement of the interrelationships among
the various plan components; a discussion of short- and long-range
plan implementation strategies; and a statement indicating the relationship
of the existing and proposed development of the municipality to the
existing and proposed development and plans in contiguous municipalities.
A facility which confines animals for more than 45 days during
a growing season in an area that does not produce vegetation and meets
specific size thresholds. CAFO is not an activity permitted as an
agritourism.
[Added 12-14-2017 by Ord.
No. 2017-13]
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Municipalities Planning Code and this chapter.
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. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A change of any structure from the use or design for which
it was erected or has been customarily used. Such conversions shall
be subject to the use requirements of the zone in which they are located.
Includes the redesign and conversion of existing residential
structures into two-family and multifamily dwellings or the redesign
of existing nonresidential structures which are to be converted into
residential use in their entirety or above the first floor.
An unoccupied open space, other than a yard, on the lot with
a building, which is bounded on two or more sides by the walls of
such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the plot or lot area covered
by buildings or other permanent structures.
The officially established grade of the curb in front of
the midpoint of the lot.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
Numerical values applied to residential dwelling unit types
for the purpose of computing permitted densities.
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, streets, sidewalks, parks, playgrounds, common
open spaces, etc.
The number of dwelling units in relation to an area of land
actually in use or proposed to be used for residential purposes, excluding
public right-of-way.
A building designed or used as the living quarters for one
or more families. The terms "dwelling", "one-family dwelling", "multiple
dwelling", two-family dwelling", or "dwelling group" shall not be
deemed to include automobile court, bed-and-breakfast, rooming house,
tourist home or hotel.
MULTIFAMILYA building designed and intended for occupancy by three or more families living independently of each other; each having their own cooking and sanitary facilities.
RESIDENTIAL CONVERSION UNITTo be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.
SINGLE-FAMILYA building arranged, designed and intended for occupancy by a single-family, containing separate utilities and capable of being recorded on a separate deed from adjoining structures or properties, whether detached or semidetached.
SINGLE-FAMILY, DETACHEDA dwelling unit accommodating a single-family and having two side yards.
SINGLE-FAMILY, SEMIDETACHEDTwo dwelling units accommodating two families which are attached side by side through the use of a party wall, and have one side yard adjacent to each dwelling unit.
TWO-FAMILYA building arranged, designed, intended for and occupied by two families living independently of each other; each having their own cooking and sanitary facilities.
TWO-FAMILY, DETACHEDTwo dwelling units accommodating two families which are located one over the other, and having two side yards.
TWO-FAMILY, SEMIDETACHEDFour dwelling units accommodating four families, two units of which are located directly over the other two units, separated by a fire wall.
TOWNHOUSE (ROW DWELLING)Three or more dwelling units accommodating three or more facilities, which are attached side by side through the use of common party walls, and which have side yards adjacent to each end unit. Individual dwelling units may range in height from one to three stories.
GARDEN APARTMENTSA complex of dwelling units located in a structure or structures two or three stories in height. Garden apartments are characterized by moderate density and location on a tract or parcel providing a generous amount of open space, landscaped areas and recreational facilities for the use of the tenants. All of the rooms in a given dwelling unit are usually located on the same floor.
APARTMENT HOUSEA complex of dwelling units located in a single structure. Apartment houses are characterized by moderate to high density, and generally provide less open space per dwelling unit than garden apartments. All of the rooms in a given dwelling unit are usually located on the same floor. Low-rise apartment homes are structures one to three stories high. Mid-rise apartment homes are structures six or more stories high.
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family.
[Amended 3-11-2021 by Ord. No. 2021-01]
The minimum or average square footage necessary to constitute
a dwelling unit.
[Amended 3-11-2021 by Ord. No. 2021-01]
A person living alone or any of the following groups living
together as a single, stable, nontransient housekeeping unit and sharing
common living, sleeping, cooking, and eating facilities.
Any number of people related by blood, marriage, adoption, guardianship
or other duly authorized custodial relationship resulting in one of
the following relationships: husband, wife, brother, sister, parent,
child, grandparent, great-grandparent, grandchild, great-grandchild,
uncle, aunt, nephew, niece, sister-in-law, father-in-law, mother-in-law
or first cousin;
Three unrelated people;
Two unrelated people and any children related to either of them;
Not more than the number of residents of a group home meeting
the requirements in the definition of "group home."
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a "functional family") pursuant to the definition of "functional families" in this § 500-7.
The definition of a "family" does not include:
Any society, club, fraternity, sorority, association, lodge,
combine, federation, coterie, or like organization;
Any group of individuals whose association is temporary or seasonal
in nature;
Any group of individuals who are in a group living arrangement
as a result of criminal offenses; and
Any person or group of individuals occupying, in whole or in
part, a building or portion thereof as a short-term rental.
Any parcel of land containing 10 or more acres which is operated
for gain in the raising of agricultural products, livestock, poultry,
and dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used.
A floodplain is the low area adjoining and including any
water or drainage course or body of water subject to periodic flooding
or overflow, and which is usually delineated by the official Floodplain
Map issued by the United States Department of Housing and Urban Development
supplemented by any floodplain mapping done by the United States Department
of Agricultural Natural Resources Conservation Service.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchens and bedroom,
but not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathrooms, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and floor area of that part of any room where the ceiling height
is less than five feet shall not be considered as part of the habitable
floor area. The minimum total window area, measured between stops,
shall be 10% of the habitable floor area of such room.
The sum of the gross horizontal ares of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to the principal use.
For residential buildings it shall include the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
The maximum allowable square footage of total floor area
permitted for each square foot of land area, which is expressed as
a ratio between said building floor space and the area of the lot
it occupies.
All that space relegated to use by the customer and the retail
employee to consummate retail sales; and to include display area used
to indicate the variety of goods available for the customer, but not
to include office space, storage space, and other general administrative
areas.
[Added 3-11-2021 by Ord. No. 2021-01]
Purpose. This definition is to provide for the regulation of
functional families that may request to reside in a dwelling unit
and to prohibit larger groups of unrelated persons from residing in
dwelling units. Larger groups of unrelated persons have been frequently
shown to have a detrimental effect on residential neighborhoods since
larger groups of unrelated persons do not live as a family unit and
do not have significant economic or emotional ties to the neighborhood.
Special exception; standards. The Zoning Hearing Board shall
consider each application for a functional family as a special exception
in accordance with the applicable standards of this chapter and, among
others, the following considerations:
The proposed occupants:
Share a strong bond or commitment to a single purpose (e.g.,
religious orders);
Are not legally dependent on others not part of the functional
family;
Can establish legal domicile as defined by Pennsylvania law;
Prepare food and eat together regularly;
Share in the work to maintain the premises;
Legally share in the ownership or possession of the premises;
and
Share the entire dwelling unit or act as separate roomers.
Whether the household has stability akin to a permanent family.
The criteria used to make this determination shall include, among
others, the following:
The length of stay together among the occupants in the current
dwelling unit or other dwelling units;
The presence of minor, dependent children regularly residing
in the household;
Whether the household is a temporary living arrangement or a
framework for transient living; and
Whether the composition of the household changes from year to
year or within the year.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
Conditions. The Zoning Hearing Board may impose such additional
conditions as it deems necessary for the general welfare, for the
protection of individual property rights, and for ensuring that the
intent and objectives of this chapter will be observed.
An enclosed or covered space for the storage of one or more
self-propelled vehicles, provided that no business, occupation or
service is conducted for profit therein nor space therein for more
than one vehicle is leased to a nonresident of the premises.
Any garage not a private garage and which is used for the
storage, repair, rental, or servicing of vehicles or for the supplying
of gasoline or oil to vehicles.
See "home gardening."
The Council of the Borough of Jim Thorpe.
The elevation of the center line of the public streets as
officially established by appropriate public bodies or agencies.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
The maximum ratio is obtained by dividing the sum of all
impervious surface areas (ground floor area of all principal and accessory
buildings, sidewalks, parking areas, pools, driveways and all other
impervious surface areas) by the total area of that lot.
[Added 12-14-2017 by Ord.
No. 2017-13]
|
Total impervious coverage ÷ lot area = ground coverage
ratio
|
A facility which provides resident services to seven or more
individuals who are being cared for by a residential supervisory staff.
These individuals are handicapped, aged or disabled, and are undergoing
rehabilitation, and are provided services to meet their needs. Large
group care facilities are licensed, supervised or funded by any federal,
state or county agency. Facilities for individuals suffering from
alcohol or drug addiction who have not completed detoxification and
medical rehabilitation or who currently use alcohol or illegal drugs
shall not be considered group care facilities.
A facility which provides resident service in one dwelling
unit to six or fewer individuals who are being cared for by a family
or residential supervisory staff under license, supervision or funding
by any federal, state or county agency. These individuals are handicapped,
aged, disabled or in need of adult supervision and are provided service
and supervision in accordance with their individual needs. Foster
homes shall not be considered as small group care facilities. Facilities
for individuals suffering from alcohol or drug addiction who have
not completed detoxification and medical rehabilitation or who currently
use alcohol or illegal drugs shall not be considered group care facilities.
Group homes are permitted within a lawful dwelling unit,
provided the following additional requirements are met:
[Added 3-11-2021 by Ord.
No. 2021-01]
A group home shall not include any use meeting the definition
of a treatment center.
A group home shall include the housing of a maximum of six unrelated
persons, except:
The facility shall have adequate trained staff supervision for
the number and type of residents. If the facility involves five or
more residents, then twenty-four-hour on-site staffing shall be provided.
The applicant shall provide evidence of any applicable federal,
state or county licensing or certification to the Zoning Officer.
The group home shall register in writing its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer.
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day. Any staff meetings shall be limited
to a maximum of five persons at one time.
Parking: see § 500-31.
If a group home is in a residential district, an appearance
shall be maintained that is closely similar to nearby dwellings, and
no sign shall identify the use.
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock, and permitting the sale of produce raised thereon.
The use of a dwelling or accessory building in the pursuit of an occupation by members of the family residing on the premises pursuant to the regulations outlined in § 500-40.
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, sanatorium, preventorium, clinic, rest
home, nursing home, convalescent home, and any other place for the
diagnosis, treatment or other care of ailments, and shall be deemed
to be limited to places used primarily for the diagnosis, treatment
or other care of human ailments.
A building containing rooms intended or designed to be used
or which are used, rented, or hired out to be occupied or which are
occupied for sleeping purposes by guests and where a general kitchen
and dining room are usually provided within the building or in any
accessory building.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub to which the blade is attached.
[Added 9-11-2008 by Ord. No. 2008-4]
A surface that prevents the percolation of water into the
ground such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, swimming pools and compacted fill, earth or turf
to be used as such.
[Added 12-14-2017 by Ord.
No. 2017-13]
Agriculturally related educational and learning experiences,
such as informal learning-based presentation and tours, for the purpose
of educating the public of typical farming operations through a variety
of media, such as video displays and exhibitions of material.
[Added 12-14-2017 by Ord.
No. 2017-13]
Discarded materials, articles or things and including but
not limited to scrap metal; paper; rags; glass; containers; scrap
wood or lumber; trailers; broken or discarded furniture or household
equipment; broken, neglected, abandoned, or junked machinery and equipment;
scrapped motor vehicles and parts thereof, including motors; bodies
of motor vehicles and vehicles which are inoperable, unlicensed, and
do not have a current and valid inspection sticker, etc.
Any person engaged in the business of collecting, accumulating,
buying, selling, storing, disassembling, treating or processing of
scrap metal automobiles not fit for highway use, second hand building
materials, rags, bottles, scrap paper or any "junk" as previously
defined.
An "automobile junk or graveyard" as previously defined,
and any place where scrap metal, secondhand building materials, rags,
bottles, scrap paper or any "junk" as previously defined, is collected,
accumulated, stored, disassembled, treated or processed.
An establishment equipped with pens, yards, runways or other
appurtenances specifically designed or intended for the breeding or
boarding of dogs or other animals with the intent of producing capital
gain or profit.
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 is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
The minimum square footage of lot area that is available
for the use of the residents of a dwelling unit complex in which it
is located, or a part of the required area of a commercial or industrial
development. This area must be both unsurfaced and water absorbent,
and no more than 1/3 of this total space footage requirement may be
made up of the area located within the minimum setback requirements
for the front, side, or rear yards of the complex.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT OR FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
A Pennsylvania licensed winery that produces less than 200,000
gallons per year of alcoholic ciders, wine or wine coolers, in accordance
with Pennsylvania Statutes Title 47 P.S. Liquor § 5-505.2.
[Added 12-14-2017 by Ord.
No. 2017-13]
The dividing line between the street and the lot.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A parcel of land whose boundaries are established by an approved
subdivision plat, or other lawful instruments whose area, width and
other dimensions are not less than those required by this chapter
for the zoning district in which the said parcel is situated, and
which has its principal frontage on a street or other means of access
determined, in accordance with the provisions of law, to be adequate
for the issuance of a zoning permit for the development of a proposed
use on such land.
A parcel of land at the junction of and abutting on two or
more intersecting streets.
A lot other than a corner lot.
The lines bounding a lot as defined herein. It includes the
front lot line which is the line abutting the street, also known as
the "street line."
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16, as amended.[1]
[Added 2-10-2022 by Ord. No. 2022-03]
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth.
[Added 2-10-2022 by Ord. No. 2022-03]
Pennsylvania "Medical Marijuana Act" Act of Apr. 17, 2016,
P.L. 84, No. 16, a/k/a Act 2016-16, 35 P.S. § 10231.101 et seq.,
as amended. The related Pennsylvania Department of Health regulations
can be found at 28 Pa. Code, Part IX, Chapters 1131 et seq.[2]
[Added 2-10-2022 by Ord. No. 2022-03]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health (DOH)
to dispense medical marijuana.
[Added 2-10-2022 by Ord. No. 2022-03]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health (DOH) to
grow and process medical marijuana.
[Added 2-10-2022 by Ord. No. 2022-03]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added 2-10-2022 by Ord. No. 2022-03]
A transportable, single-family dwelling 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 constructed
so that it may be used without a permanent foundation.
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.
A parcel or contiguous parcels of land under single ownership
which has been so designated, planned, and improved that it contains
two or more mobile home lots for the placement of mobile homes occupied
for dwelling or sleeping purposes and for nontransient use.
A roadside hotel. (See "hotel.")
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendments heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of this chapter
or amendment, or prior to the application of this chapter or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter
Any dwelling where persons are housed or lodged and furnished
with meals and nursing care for hire.
A sanitary sewage collection system in which sewage is carried
from individual lots or dwelling units by a system of pipes to a central
treatment and disposal plant which may be publicly or privately owned
and operated.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage in whole or in part into
the soil.
An unoccupied and/or unpaved ground surface required to remain
open to the sky on the same lot with the building.
Open pit mining shall include all activity which removes
from the surface or beneath the surface of the land some material
mineral resource, natural resource, or other element of economic value,
by means of mechanical excavation necessary to separate the desired
material from an undesirable one; or to remove the strata or material
which overlies or is above the desired material in its natural condition
and position. Open pit mining includes, but is not limited to, the
excavation necessary to the extraction of: sand, gravel, topsoil,
limestone, sandstone, coal, clay, shale, and iron ore.
Predominantly undeveloped land designated to remain permanently
open in order to serve public purposes.
A porous surface, consisting of a permeable surface course
underlain by a uniformly graded stone bed on uncompacted soils which
allows the percolation of water into the ground. The surface course
typically consists of, but is not limited to, grass or dirt areas,
porous asphalt, porous concrete, various porous pavers and artificial
turf.
[Added 12-14-2017 by Ord.
No. 2017-13]
An area of land, controlled by a landowner,
to be developed as a single entity for a number of dwelling units,
or combination of residential and nonresidential uses, the development
plan for which does not correspond in lot size, bulk, or type of dwelling,
or use, density, or intensity, lot coverage, and required open space
to the regulations established in any one residential district.
The map or plan of a subdivision or land development, indicating
the location and boundaries of individual properties, and whether
preliminary or final.
An extension of a building, consisting of an area in excess
of four feet by five feet, or 20 square feet, attached at any front,
side or rear door, at any level or story of the building. Porches
may be covered or uncovered, but they must be unenclosed except for
screens to prevent the intrusion of insects.
Any lot, parcel or tract of land, and any building constructed
thereon.
An occupation in which the advanced knowledge of some department
of science, art or other learning is applied to the benefit of others.
The application may be in teaching, advising or guiding one's clientele,
or in serving their interests. Professions include, but are not limited
to, medicine, law, teaching, pharmacy, and the like.
A recorded boundary of a lot. However, any property line
which abuts a street or other public or quasi-public way shall be
measured from the right-of-way of such street, or public or quasi-public
way.
A municipality, school board, authority, or other officially
constituted body qualified to hold and administer publicly owned properties.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this act.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," and any amendments
thereto.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
Includes municipal uses such as schools, public parks, fire
stations, municipal buildings, essential public utilities, public
recreational facilities, and easements for public streets, utilities
and rights-of-way.
Includes hospitals, nursing homes, churches, cemeteries,
civic centers, and nonprofit recreational facilities.
Occupancy of a dwelling, generally for periods of 30 days
or more, as opposed to temporary visits to bed-and-breakfast establishments,
short-term rentals, motels, hotels, campgrounds and recreational vehicles,
and which serves as the legal address for the occupant. It also includes
any dwelling or structure where children who attend school reside.
[Added 3-11-2021 by Ord.
No. 2021-01]
See "dwelling types."
A place generally equipped with lodging accommodations and
facilities for active and passive recreation, to which people go for
rest and relaxation, as on a vacation.
Any establishment where horses are kept for riding, driving,
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
See "street right-of-way line."
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
A dwelling, cabin, lodge or summer house including mobile
homes, which is intended for occupancy less than 182 days of the year.
Uses, not enclosed within a building, necessary for the preservation
of the public health and safety including, but not limited to, the
erection, construction, alteration or maintenance of, by public utilities
or governmental agencies, underground or overhead transmission systems,
poles, wires, pipes, cables, fire alarm boxes, hydrants, or other
similar equipment.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of self-propelled vehicles and which may include
facilities used or designated to be used for polishing, greasing,
washing, spraying, dry cleaning or otherwise cleaning or servicing
such vehicles.
The line within a property defining the required minimum
distance between any building to be erected and the adjacent right-of-way.
Such line shall be measured at right angles from the front street
right-of-way line which abuts the property upon which said building
is located and shall be parallel to said right-of-way line.
A group of commercial establishments planned, developed,
owned and managed as a unit which is related in location, size, and
type of shops to the trade area that the unit serves. It provides
on-site parking in definite relationship to the types and sizes of
stores.
Any dwelling unit within a residential dwelling or mixed
use structure rented for overnight lodging for a period of not less
than one day and not more than 30 days. A short-term rental shall
include a tourist home, vacation rental by owner and other definitions
set forth as a short-term rental unit under the Zoning Ordinance of
the Borough. A short-term rental shall not include a bed-and-breakfast
and/or a hotel as defined by the Borough Zoning Ordinance.
[Added 3-11-2021 by Ord.
No. 2021-01]
Any device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public, but not including any flag, badge, or insignia of any
government or government agency, or of any civic, charitable, religious,
patriotic, or similar organization.
The major classifications of signs are: on-premises
vs. off-premises, and attached vs. freestanding signs.
Are those attached to a building, wall, fence, telephone
pole or other structure whose primary purpose is not to display the
sign.
Are those attached to a pole, stanchion or other independent
structure whose only purpose is to display the sign.
Are signs displayed on the premises to which their message
is pertinent.
Are signs displayed on premises other than those to which
their message is pertinent. Off-premises signs may be advertising
signs, directional signs or announcements.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
A covered or uncovered extension of a building, located at
any front, side or rear door providing access to the first floor of
said building. A stoop does not exceed four feet by five feet, or
20 square feet in area, and is unenclosed.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
The center of the surveyed street right-of-way, or, where
not surveyed, the center of the travelled cartway.
For the purpose of this chapter, streets shall be classified
as:
STREET, MAJOROne of two streets on which the majority of existing buildings or existing dwellings front and which is designed to carry a greater amount of vehicular traffic than the other street.
STREET, MINOROne of two streets on which the minority of existing buildings or existing dwellings front, designed to carry the lesser amount of vehicular traffic than the other street.
STREET, MAJOR ARTERIALA street or road specifically designed to accommodate high traffic flow and generally carrying a high percentage of through traffic.
STREET, MAJOR COLLECTORA street or road which serves as a connecting facility usually between two major arterial routes and having two or more moving lanes.
STREET, LOCAL MINOR COLLECTORA street which serves the function of moving locally generated traffic from the interiors of neighborhood areas to the major collector streets and arterial streets.
STREET, RESIDENTIALA street designed to serve individual residential parcels and not generally carrying through traffic.
The officially established grade of the street upon which
a lot fronts, or, in its absence, the established grade of other streets
upon which the lot abuts, at the midpoint of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
The line dividing a lot from the full street right-of-way,
not just the cartway. The word "street" shall include, but not be
limited to, the words "road", "highway", "alley", and "thoroughfare".
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
PRIVATEAny reasonably permanent pool or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
PUBLICA public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions, whether or not a fee is
charged for admission thereto.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in self-propelled
vehicles, or on outdoor seats.
A group of buildings, including either separate cabins or
a row of cabins, which:
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
See "travel trailer."
A tract of land:
Occupancy, use or possession of a dwelling unit by persons
other than the owner(s) or tenant(s) with a lease for 30 consecutive
days or more of that dwelling unit, and/or the family of such owner(s)
or tenants for a period of less than 30 consecutive days; but excluding
temporary stays by unrelated individuals who are guests of such owners/tenants
or the family of such owners/tenants, without the payment of any type
of compensation or other remuneration.
[Added 3-11-2021 by Ord.
No. 2021-01]
A vehicular, portable structure built on a chassis, designed
to be used as temporary dwelling for travel, recreational, and vacation
uses, and permanently identified as a "travel trailer" or similarly
by the manufacturer on the trailer. Unoccupied travel trailers do
not constitute mobile homes, as defined by this chapter.
The distance measure from the surface of the tower foundation
to the highest point of the turbine rotor plane.
[Added 9-11-2008 by Ord. No. 2008-4]
A farm that provides opportunity for customers to pick their
own fruits or vegetables directly from the plant.
[Added 12-14-2017 by Ord.
No. 2017-13]
The specific purpose for which land or a building is designed,
arranged, or intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use, special exception or conditional use.
See "short-term rental."
[Added 3-11-2021 by Ord.
No. 2021-01]
The enhancement or improvement of the overall value of an
agricultural commodity or of an animal or plant product to a higher
value. The enhancement or improvement includes, but is not limited
to, marketing, agricultural processing, transforming and packaging
that relate to agriculture or agricultural products.
[Added 12-14-2017 by Ord.
No. 2017-13]
Relief from specified Zoning Ordinance provisions which allows
the appellant to build on a lot which does not meet minimum area,
width or other dimensions required for the district in which it is
situated.
Relief from specified Zoning Ordinance provisions which allows
the appellant to build or develop a use not provided as a permitted,
special exception or conditional use for the district in which the
proposed development site is situated.
By-products, expended material, and material that is abandoned
or disposed or is otherwise discarded and all of which may include
solid, liquid, semisolid or contained gaseous material generated by
or otherwise resulting from municipal, residential, commercial, industrial,
institutional, mining or agricultural operations or establishments
and from community activities. Specific types of waste are those as
defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq. The term "waste" does not include materials that are directly
recycled or reused on-site in an ongoing manufacturing or generating
process without treatment, processing or release into the environment;
nor does it include materials from the slaughter and preparation of
animals which are used as raw materials in the production or manufacture
of products.
Any land, structures and other appurtenances or improvements
where waste disposal or processing is permitted or takes place or
where waste is treated, stored or disposed.
An opening to the outside other than a door which provides
all or part of the required natural light, natural ventilation or
both to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a window for the purpose of providing
natural light.
The blades, plus the hub to which the blades are attached,
that are used to capture wind for the purpose of energy conversion.
The wind rotor is mounted on a pole or tower or other suitable structure
along with other generating and electrical equipment to form a wind
turbine.
[Added 9-11-2008 by Ord. No. 2008-4]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, wind rotor, tower, and pad transformer, if any.
[Added 9-11-2008 by Ord. No. 2008-4]
An unoccupied space open to the sky, on the same lot with
a building or structure.
An open, unoccupied area between the street and the principal
use building, and extending the full width of the lot, from one side
lot line to the other. The depth of the front yard measured from the
front line of the building to the street right-of-way line. For purposes
of measuring front yard depth, any covered porch, whether enclosed
or unenclosed by screens, shall be considered as part of the main
building, and not as a projection into the front yard.
An open, unoccupied area between the principal use building
and the rear lot line, and extending the full width of the lot, from
one side lot line to the other. The depth of the rear yard is measured
between the rear line of the building and the rear building line.
An open, unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
The designation of specified districts within a community
or township, reserving them for certain uses together with limitations
on lot size, heights of structures and other stipulated requirements.
