Words and phrases shall be presumed to be used
in their ordinary context unless such word or phrase is defined or
interpreted differently within this article.
Unless otherwise expressly stated, the succeeding
shall, for the purposes of this chapter, be interpreted in the following
manner:
A.
Words used in the present tense imply the future tense.
B.
Words used in the singular imply the plural.
C.
The word “person” includes a partnership,
corporation or other legal entity as well as an individual.
D.
The words “shall,” “required,”
or “must” are to be interpreted as mandatory; the word
“may” as directory and complied with unless waived.
For the purposes of this chapter, the following
words and phrases have the meanings given herein:
A private minor vehicular right-of-way, other than a street, providing access from a street to a property or parking area within a lot. For the purposes of this chapter, access drives shall be required for all commercial, institutional (including but not limited to schools, hospitals, and religious institutions), industrial, and multifamily uses. (See § 240-25.)
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOKSTOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale.
ADULT CABARETAn establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless of whether or not the same includes sexual conduct.
ADULT THEATERA building, or a room within a building, used for presenting motion-picture film, videotape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
The use of land for farming, dairying, pasturage, silviculture,
horticulture, floriculture, viticulture or livestock husbandry, including
the necessary accessory uses for packing, treating or storing the
produce and equipment or housing and feeding the animals; includes
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to a soil conservation program.
All uses included under the definition of “agriculture,”
except that livestock husbandry and related accessory uses are prohibited.
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, such as extending on a
side or by increasing in height.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
A change which includes revisions to the zoning text and/or
the Official Zoning Map.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals, such as dogs, cats, rabbits, and birds
or fowl. The use may include the boarding of such animals during medical
or surgical treatment.
Any landowner, lessee or his authorized agent who submits
a plan, data and/or application to the Zoning Officer or other designated
Borough official for the purpose of obtaining approval thereof.
A self-propelled motor vehicle, designed for the conveyance
of persons or property, requiring a registration plate by the Commonwealth
of Pennsylvania for operation upon public highways; including trucks,
motor homes, and motorcycles. (See the definition of “recreational
vehicle.”)
A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers, and/or accessories of
automobiles and other vehicles for conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks, and similar motor vehicles.
A building for the display or sale of new or used automobiles,
recreational vehicles or trailers.
An open lot for the outdoor display of new or used automobiles,
recreational vehicles or trailers accessory to an automobile, recreational
vehicle or trailer sales or display building.
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services related to washing and polishing.
The dismantling or wrecking of used automobiles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
That portion of a building partly underground but having
1/2 or more of its height above the average level of the adjoining
ground. A basement shall be considered as a story in determining compliance
with building height restrictions.
A single-family residence or portion thereof containing not
more than three guest rooms which are used by not more than six guests
where rent is paid in money, goods, labor or otherwise.
Any structure on a lot, having a roof supported by columns
or walls and intended for the shelter, housing or enclosure of persons,
animals, or property, and including covered porches and bay windows.
(See the definition of “structure.”)
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the principal building.
ATTACHED BUILDINGA building which has two or more party walls in common, except in the case of end units of single-family attached dwellings which have one party wall in common.
DETACHED BUILDINGA building which has no party wall.
MULTI-USE BUILDINGA single principal building in which two or more independent nonresidential uses are established, subject to the provisions of §§ 240-10I and 240-11I of this chapter.
PRINCIPAL BUILDINGA building in which is conducted the primary use of the lot on which it is located.
SEMIDETACHED BUILDINGA building which has only one party wall in common.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
The total overall height of a building measured from the
average grade level to the highest point of the roof.
A building in which is conducted the primary use of the lot
on which it is located.
An establishment, primarily offering sit-down counter or
table services with entertainment or serving food prepared on the
premises for on-premises consumption, which also allows customers
and patrons to bring beer, wine, or other alcoholic beverages or malts
for on-premises consumption which are purchased or obtained off the
premises.
A parcel of land upon which two or more campsites are located,
intended for occupation by transients in tents or recreational vehicles
with sleeping quarters.
A plot of ground within a campground intended for temporary
occupation by a tent or recreational vehicle with sleeping quarters.
Establishments which provide food, shelter, personal assistance,
supervision and/or medical or other health-related services for individuals
not in need of hospitalization but who, because of age, illness, disease,
injury, convalescence, or physical or mental infirmity, need such
care.
ADULT DAY-CARE CENTERAny premises where care is provided to four or more elderly or disabled adults for part of a twenty-four-hour day, excluding care provided by relatives. Such care includes personal assistance, the development of skills for daily living and the provision of social contact.
CHILD DAY-CARE CENTERA facility licensed by the state that provides a wide range of formal day-care services for remuneration to seven or more children who are supervised by a qualified staff. The child-care areas in a day-care center shall not be used as a family residence.
CONVALESCENT OR NURSING HOMEA licensed establishment which provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.
DOMICILIARY CARE HOMEAn existing building or structure designed as a dwelling unit for one family which provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than 13 unrelated persons 18 years of age and above who are disabled physically, mentally, or emotionally, or who are aged persons.
FAMILY DAY-CARE HOMEA facility, located in a single-family residence, which provides supervised care for remuneration to not more than six children who are not relatives of the caregiver.
GROUP DAY-CARE HOMEA facility, located in a single-family residence, which provides supervised care for remuneration to not more than six but fewer than 12 children who are not relatives of the caregiver.
GROUP HOMEA type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. A group home may be affiliated with a parent institution which provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff and for supervision of residents by full-time resident staff.
PERSONAL-CARE BOARDING HOMEA type of group quarters, specifically a premises in which food, shelter, and personal assistance or supervision are provided, on a state- or federal-licensed basis, for a period exceeding 24 consecutive hours for at least four persons who are over the age of 18, are not relatives of the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.
That portion of a building 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 required
number of stories or building height.
The certificate issued by the Zoning Officer which permits
the use of a building in accordance with the approved plans and specifications
and which certifies compliance with the provisions of law for the
use and occupancy of the land and structure in its several parts,
together with any special stipulations or conditions of the building
permit.
A central sewage disposal system which serves a given area
and is not publicly owned. For the purposes of this chapter, the minimum
lot area and lot width requirements for uses served by a public sewer
system shall also be applicable to uses served by a community sewer
system.
A mixture of decaying organic substances used in fertilizing
soil.
A process which involves the collection of and facilitates and/or accelerates the decay of organic substances, such as leaves, grass clippings, and other vegetative materials. See § 240-36.
A use for which approval must be granted an applicant to use land in a zone for a purpose other than that generally permitted outright in that zone. A conditional use must be approved by the Borough Council in accordance with the terms, procedures and conditions as set forth in Articles VII and VIII.
A type of ownership arrangement, not a land use, wherein
parts of a building typically are owned separately by persons and
other parts, such as halls, stairs and recreation areas, are owned
jointly by such persons. A condominium may be residential, commercial,
or industrial in nature.
Offices and shops for tradesmen, such as building, cement,
electrical, masonry, painting and roofing contractors.
The cultivation of land involving the planting, tending,
and harvesting of plants. Such land uses may involve tilling by hand
or machine, fertilizing, and similar horticultural activities.
Windows and glass doors of commercial buildings which are
used to advertise goods and sales of goods so that advertising signs
and posters are visible from outside the building.
A commercial establishment, including a drive-in eating establishment,
primarily offering stand-up counter, vending-machine, window or in-car
service and/or offering prepared or standardized food for either on-
or off-premises consumption.
An improved surface for vehicular travel which provides access between a street and a lot. For the purposes of this chapter, drives for all residential uses except multifamily and drives for all agricultural uses shall be considered driveways (§ 240-24).
A building or structure designed for living quarters for
one or more families, including mobile homes, but shall not include
hotels, rooming houses, convalescent homes or other accommodations
used for transient occupancy.
MULTIFAMILY DWELLINGA building containing three or more dwelling units (such as apartment houses and garden apartments). All dwelling units are located on a single lot and share with other units a common yard area.
SINGLE-FAMILY ATTACHED DWELLINGA portion of a building containing one dwelling unit and having two party walls in common with other dwelling units (such as row houses or townhouses). Each dwelling unit is located on a single lot. End units which have one party wall in common are included and are subject to the lot area requirements for other single-family attached units but must meet setback requirements on the open side.
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit and having two side yards.
SINGLE-FAMILY SEMIDETACHED DWELLINGA portion of a building containing one dwelling unit, having one side yard, and having one party wall in common with another dwelling unit. Each dwelling unit is located on a single lot.
TWO-FAMILY DWELLINGA building containing two dwelling units, having two side yards, and one partition in common between the two units. Both dwelling units are located on the same lot.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities, arranged for occupancy
by one family.
A limited right of use granted on private land for public
use or private use by another party or parties or a protective condition,
as in the case of drainage easements, for protection and/or preservation
of a specified area.
One or more persons who live in one dwelling unit and maintain
a common household; may consist of a single person or two or more
persons, whether or not related by blood, marriage, or adoption; may
also include domestic servants and gratuitous guests but not occupants
of a club, fraternal lodging, or boardinghouse.
Any parcel of land which is used for agricultural purposes,
including necessary farm structures within the prescribed limits,
which may include a single-family dwelling, and the storage of equipment
customarily incidental to the primary use. For the purpose of this
chapter, a farm shall not include a kennel.
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within. The height
of all fences and walls or portions thereof shall be measured from
grade level.
A commercial savings-and-loan or banking establishment that
provides office space for financial assistance and/or protective savings
and investment services.
The sum of the horizontal areas of all rooms used for habitation,
such as living room, dining room, kitchen, bathroom, or bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, closets, nor unheated areas such as enclosed porches.
Earth-sheltered dwellings, designed as such, shall include the aggregate
of area used for habitation as defined above, whether or not all or
a portion is below ground level.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar, basement and attic floor areas not devoted to the principal
use, but including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
A use primarily involving horticulture, which includes the
sale of plants grown on the premises and related goods and materials,
as well as the storage of equipment customarily incidental and accessory
to the principal use.
Any dwelling or portion thereof which is designed or used
for at least three but not more than eight persons unrelated to each
other or to any family occupying the dwelling unit and having common
eating facilities. Group quarters include but are not limited to lodging
houses or boardinghouses, fraternity and sorority houses and dormitories
and other quarters of an institutional nature. Such quarters must
be associated with a parent religious, educational, charitable or
philanthropic institution.
A room which is intended, arranged or designed to be occupied
or which is occupied by one or more guests but in which no provision
is made for cooking. Residential noncommercial guest rooms shall be
within or attached to the principal residence and shall be a part
of the residential utility (sewer, electric, etc.) service line.
A dwelling for the transitional, institutional supervision
of individuals who have violated the law and who are sent to a halfway
house upon release from or in lieu of being sent to a penal institution.
The storage of goods, material, equipment and/or large vehicles
(including but not limited to trucks and buses). Such storage includes
warehousing and wholesale establishments and the exterior storage
of the types of vehicles noted above.
A special type of accessory use, specifically an occupation
or profession which is clearly incidental and secondary to the principal
use of a property for residential purposes.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care.
A building in which guest rooms are provided for occupancy,
with or without meals, for compensation, by transient or semipermanent
guests, or both, and in which no provision is made for cooking in
any individual room or suite.
A building used primarily as a meeting place for religious
gatherings and services.
Those paved surfaces that do not absorb precipitation. Areas
including but not limited to parking areas, driveways, roads, sidewalks,
patios and any similar areas of concrete, brick or asphalt shall be
considered impervious surface. In addition, all buildings and structures
shall be considered as impervious surfaces for computations of lot
coverage.
A commercial leisure-time activity or amusement contained
within a building, such as a bowling alley, billiard room or video
arcade.
The manufacturing, processing and/or assembly of materials,
including but not limited to such activities as printing and publishing,
electronic components industries, tool and die making, molding plastics,
bottling operations, food processing, furniture making, metal fabrication,
and textiles.
A tract of land:
Organized and laid out in accordance with an
overall plan for a community of industries, including the servicing
of those industries; and
Designed to ensure compatibility between the
industrial operations in the park and the surrounding area through
such devices as landscaping, setbacks, and use requirements.
Any lot, land or structure, or part thereof, used primarily
for the collection, storage and/or sale of scrap metal or discarded
material or for the collecting, dismantling, storage and salvaging
of machinery, equipment, and/or junked or inoperable motor vehicles
and/or for the sale of parts thereof.
Any building or buildings and/or land used for the sheltering,
boarding, breeding or training of six or more dogs, cats, or other
small domestic animals at least six months of age, or a building or
buildings and/or land containing any number of small domestic animals
which are kept or bred for profit. A kennel does not include the incidental
breeding of one household pet or the keeping of livestock for agricultural
purposes. A kennel operation may include accessory uses such as animal
grooming.
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 authorized
under lease to exercise the rights of the landowner, or other person
having a proprietary interest in land.
Any domestic farm animal, such as cattle, donkeys, horses,
mules, burros, sheep, pigs, goats, or poultry, kept for agricultural
use, commercial purposes, or pleasure. Livestock shall also include
small animals, such as but not limited to chinchillas, rabbits, and
ferrets, kept for the aforementioned purposes.
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.
CORNER LOTA lot which has adjoining frontage on two or more streets as shown in the diagram in Attachment 1.[1] However, for purposes of this definition only, a service
street shall not be considered a street in determining if the lot
is a corner lot.
DOUBLE-FRONTAGE LOTA lot extending between and having frontage on two streets. The front setback requirements of the zone in which the lot is located shall apply to both street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if the lot is a double-frontage lot.
DUAL-USE LOTA lot on which two principal uses are located, subject to the provisions of § 240-57 of this chapter.
INTERIOR LOTA lot having frontage on one street, adjoined on the sides and rear by other lots. (See § 240-74 regarding lots located on private residential lanes.)
REVERSE-FRONTAGE LOTA lot extending between and having frontage on a minor street and either an arterial or collector street, with vehicular access solely from the minor street. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if the lot is a reverse-frontage lot.
TRIPLE-FRONTAGE LOTA lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to each street frontage. However, for purposes of this definition only, a service street shall not be considered a street in determining if the lot is a triple-frontage lot.
The area contained within the property lines of an individual
parcel of land, excluding any area within a street right-of-way, but
including the area of any easement. If a lot is traversed by a street
right-of-way, whether existing or proposed, any principal building
on said lot shall be located on a portion of that lot which area in
and of itself contains the minimum lot area required by this chapter.
A percentage which, when multiplied by the lot area, will
determine the permitted area that can be covered with an impervious
surface, e.g., buildings, structures, driveways, parking areas and
sidewalks.
The lines bounding a lot as described in the recorded title;
also referred to as “property lines.”
The required continuous distance between the side property lines (or in the case of corner lots, between a front and side property line), measured along a single street right-of-way line. If a lot is traversed by a street right-of-way, whether existing or proposed, any principal building on said lot shall be located on a portion of that lot which contains the minimum lot width required by this chapter. (See § 240-74 regarding lot width for lots located on private residential lanes.)
A street or highway designated in the Thoroughfare Classification
Plan of the Borough's Comprehensive Plan as an existing or planned
arterial or collector street.
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to persons on an outpatient basis.
A commercial rental facility providing for the enclosed storage
of household items, recreational equipment and/or classic or antique
automobiles, where said items are retained for direct use by their
owner, who shall have direct access thereto without intermediate handling
by the proprietor of the facility. Mini-storage units shall not be
used as offices or shops and shall not house any items or operations
other than dead storage as specified above. No volatile or hazardous
materials shall be stored in such facilities.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit 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 of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
An open lot for the outdoor display of new or used mobile
homes.
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients, including auto courts, motor
lodges and similar establishments.
A multifamily or two-family dwelling constructed by converting
an existing building into dwelling units for more than one family,
without substantially altering the exterior of the building. Such
conversions shall be subject to review and permitting procedure by
the Borough Planning Commission, Borough Council, Sewage Enforcement
Officer, the Pennsylvania Department of Environmental Protection or
other agency, where applicable.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
the residential use.
[Added 12-10-2002 by Ord. No. 1-2002]
A use, structure, lot or dimension in conflict with the regulations
of this chapter, existing on the effective date of this chapter, or
existing at any subsequent amendment of this chapter, or created by
variance. Specifically, the following types of nonconformities are
distinguished:
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or any amendment 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.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence 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.
An educational, religious or charitable use which qualifies
as “nonprofit” under Section 501-c of the Internal Revenue
Service Code.
A percentage which, when multiplied by the lot area, will
determine the area of the lot upon which buildings, structures and
paving are not permitted.
A use of open land for leisure-time activities, such as a
swimming pool, tennis court, golf course or drive-in theater.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land shall be considered contiguous
even though separated by public or private roads.
A building where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An open lot where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or lane.
That portion of a lot's area which is covered by an impervious
surface other than buildings and structures; e.g., driveways, parking
areas and walkways.
Shall include barbershops and beauty shops; pet grooming;
self-service laundry and dry-cleaning establishments; radio and television
repair; repair shops for home appliances, tools, bicycles, guns, locks,
shoes and watches; tailor and dressmaking shops; or any other establishment
of a similar nature providing personalized service to customers.
A map, plan or layout showing the subdivision of land or
land development and indicating the location and boundaries of individual
properties.
Not publicly owned, operated or controlled.
A private access for motor vehicles providing
ingress to and egress from single-family detached dwellings in one
of the two following situations:
A private access proposed or constructed after
the date of enactment of this chapter to serve no more than two single-family
detached dwellings located on separate lots; or
An existing private access which was constructed
prior to enactment of this chapter, which serves at least two but
no more than five single-family detached dwellings located on separate
lots.
Private residential lanes shall not serve as private or public streets, as defined or regulated by this chapter or other Borough ordinances. See § 240-74 of this chapter.
An office which generally operates on an appointment basis.
Business offices shall include advertising agencies, opticians' offices,
personnel agencies, and travel and ticket agencies. Professional offices
shall include offices of accountants, actuaries, architects, attorneys,
clergy, dentists, designers, engineers, insurance and bonding agents,
manufacturing representatives, physicians, real estate agents, teachers,
and miscellaneous consulting services. Also included are offices of
a governmental agency, social service organization, Magisterial District
Judge, notary, public or private utility or political organization;
or an office of a bank, savings-and loan-association, credit or loan
company, collection agency, or stock and bond broker.
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Public
Education).
A sewage disposal system which is owned and operated by a
local government authority or by a local public utility company controlled
by a government authority.
A water supply system which is owned and operated by a local
government authority or by a local public utility company controlled
by a government authority.
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or temporary living purposes. A recreational
vehicle shall include a trailer, house trailer, camper, motor home,
snowmobile, golf cart, three- or four-wheel all-terrain vehicle, trail/dirt
bike, boat, boat trailer, airplane or other similar vehicle.
A public eating place primarily offering sit-down counter
or table service and custom-prepared foods for on-premises consumption.
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio-television and sound equipment,
sporting and camping goods, stationery, tobacco, toys, and wearing
apparel. The wholesale distribution or manufacture of the foregoing
products is not included herein and is permitted only as provided
in other appropriate sections of this chapter. Among the uses not
to be interpreted as retail stores or shops are uses specifically
provided for elsewhere in this chapter, including but not limited
to service stations, vehicular sales and rental, restaurants, taverns,
funeral homes, contractor's offices, and building material sales.
A legal right-of-passage across land, occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
The portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder;
also referred to as “travelway” or “cartway.”
A building or a portion thereof, other than a hotel, containing
not more than one dwelling unit, where lodging is provided with or
without meals for compensation.
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
A school conducted for profit for such special instruction
as business, art, music, trades, handicraft, dancing or the martial
arts.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining zones or on
adjoining lots the structures and uses on the premises on which the
screen planting is located.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sales of motor vehicle
accessories at retail only, but not including major repairing, body
and fender work, painting, vehicular sales or rental or automatic
car washes.
The required horizontal distance between a structure and
a property or street line.
FRONT SETBACKThe required distance between the street right-of-way line (regardless of whether the same is also a front, side or rear lot line) and the front setback line, projected the full width of the lot.
REAR SETBACK— The required distance between
the rear lot line, unless such line is also a street line, and the
rear setback line, projected the full width of the lot.
SIDE SETBACKThe required distance between the side lot line, unless such line is also a street line, and the side setback line, projected from the front setback line to the opposite setback line. However, in the case of corner lots, the second side setback shall be the required distance between the rear lot line and the side setback line, projected from the side lot line to the opposite front setback line.
A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
Ultimate sexual acts, normal or perverted, actual or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
analingus or physical contact with a person's nude or partially denuded
genitals, pubic area, perineum, anal region, or, if such person be
female, breast.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernibly turgid state; the postpubertal,
full or partially developed human female breast with less than opaque
covering of a portion thereof below the top of the areola or nipple.
A group of two or more stores planned and designed to function
as a unit for the site on which it is located, with off-street parking
and landscaping provided as an integral part of the unit.
Any surface, fabric, device or structure (including billboards
or poster panel) bearing lettered, pictorial or sculptured matter
designed for visual communication and used for the purpose of bringing
the subject thereof to the attention of the public, but not including
lettering or symbols that are an integral part of another structure
or any flag, badge, or other insignia of any government, government
agency or of any civic, charitable, religious, fraternal or similar
organization.
ADVERTISING SIGNA sign for which the major purpose is to direct attention to a business commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
ATTACHED SIGNA sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
BUSINESS SIGNA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
DIRECTIONAL SIGNA sign which directs people to a community, an event of public interest, public uses and buildings, uses and buildings of service and charitable organizations, and uses and buildings of a commercial nature, provided that no advertising matter other than an identifying name or symbol shall be contained on signs of this type.
FREESTANDING SIGNA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
PARALLEL SIGNA sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
PERMANENT SIGNA sign permanently attached or applied to a building or structure or permanently anchored into the ground and which cannot easily be moved. Permanent signs may have either permanent or replaceable lettering.
PORTABLE SIGNA temporary sign, of any material, with or without changeable lettering, illuminated or nonilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground; often referred to as a “mobile sign.”
PROJECTING SIGNA sign which is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.
SIDEWALK SIGNAny A-frame, inverted-V-shaped or similar structure resting on the ground with no permanent attachment and used for display as a temporary business sign.
TEMPORARY SIGNA sign which is anchored to the ground or attached to a building or structure with weights, cables, pins, braces, or stakes and which can easily be moved. Temporary signs are displayed for a limited period of time.
Any device, absorbent surface, structure or window (double-glazing
or greater) which is oriented in such a fashion that it can be utilized
for the collection of solar energy and conversion of such energy into
thermal, chemical or electrical energy to supply a significant fraction
of the energy needed for space heating or for domestic hot water.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
Any system, design, assembly, or device which is used to
collect, store and distribute energy derived from the sun for the
purpose of heating or cooling the interior spaces of buildings or
for heating domestic hot water. Solar energy systems may include but
are not limited to solar collectors, solar reflectors, heat-storage
tanks, south-facing double-glazed window walls, attached south-facing
greenhouses utilizing double-glazing, and architectural overhangs
for blocking sunlight on south-facing windows.
Garbage, refuse and other discarded materials, including
but not limited to solid and liquid waste materials, resulting from
municipal, industrial, commercial, agricultural and residential activities.
Such wastes shall not include biological excrements or hazardous waste
materials, as defined in the Municipal Waste Planning, Recycling and
Waste Reduction Act, Act 101 of 1988, and 25 Pa. Code, Chapter 273,
as amended, supplemented or revised.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it
or, if there is no floor above it, then the space between any floor
and the ceiling next above it.
STORY, HALFA 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.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Street includes
avenue, boulevard, road, highway, freeway, parkway, lane, viaduct
and any other ways used or intended to be used by vehicular traffic
or pedestrians, whether public or private. Streets are further classified
as follows:
ARTERIAL STREETA street or road which is used primarily for through traffic, including all roads identified in the Borough Comprehensive Plan as arterial streets.
COLLECTOR STREETA street or road which carries traffic from minor streets to the major system of arterial streets, including but not limited to the principal entrance streets of a residential development and all roadways identified in the Borough Comprehensive Plan as collector streets.
CUL-DE-SAC STREETA street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DEAD-END STREETA road or portion of a street with only one vehicular traffic outlet.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than required for satisfactory improvement and use of the street.
MARGINAL-ACCESS STREETA minor street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
MINOR STREETA street which is used primarily for local access to the abutting properties and which discourages through traffic.
SERVICE STREETA street right-of-way which is used to provide secondary vehicular access to the rear or side of two or more properties; also referred to as “lane” or “alley.”
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 midway 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.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly known as the street
“right-of-way line.”
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
patios, driveways, private residential lanes, access drives, walkways,
parking areas and all other at-grade pavement. For all regulatory
purposes, all buildings are considered structures.
ACCESSORY STRUCTUREA subordinate structure, the use of which is customarily incidental to that of the principal structure.
PRINCIPAL STRUCTUREA structure which is directly involved in the principal use of the lot on which said structure is located.
Any pool or open tank containing, or normally capable of
containing, water to a depth at any point greater than two.[2] Farm ponds, lakes, livestock watering tanks and detention
basins are not included, provided that swimming was not the primary
purpose for their construction.
[Amended 12-10-2002 by Ord. No. 1-2002]
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
An area of land which may comprise the entire area or a subpart
of a parcel. Individual “tracts” within a parcel of land
which are not separately deeded shall not constitute separate lots
for the purpose of construction, permitting, or for the other purposes
of this chapter. Such tracts contained within a parcel shall be considered
descriptive only.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
PRINCIPAL USEThe main or primary use of property, buildings or structures. Except as specifically noted elsewhere, only one use permitted by right, by special exception, or by conditional use shall be permitted as a principal use on an individual lot. For example, one single-family dwelling, one commercial establishment, or one industrial firm shall be permitted on an individual lot. Complexes listed as permitted uses, such as an industrial park or shopping center, shall be limited to one such complex per lot. However, provisions have been made for the location of more than one principal use in a single building in §§ 240-10I, 240-11I and 240-12I and for the placement of two independent principal uses when located in separate structures on one lot in § 240-57 of this chapter.
An accessory building, with dimensions not greater than 168
square feet, designed primarily for storage of yard and garden equipment
and miscellaneous household items incidental to a dwelling and customarily
made of prefabricated materials, purchased, assembled or erected by
the property owner.
[Amended 12-10-2002 by Ord. No. 1-2002]
The permission, granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of this chapter which,
if strictly adhered to, would result in an unnecessary hardship and
where the permission granted would not be contrary to the public interest
and would maintain the spirit and intent of the chapter.
A business devoted to the sale of commodities in quantity
chiefly to retailers, other merchants, or industrial, institutional,
and commercial users mainly for resale or business use.
A prescribed open area on a lot, unobstructed from the ground upward, except as modified in Article IV of this chapter.
FRONT YARDAn area bounded by the street right-of-way line(s), front wall of the principal building and side lot line(s).
REAR YARDAn area bounded by the rear lot line (and street right-of-way line in the case of double-frontage, reverse-frontage or triple-frontage lots) and the rear wall of the principal building and side lot lines.
SIDE YARDAn area bounded by a side lot line and the front, rear, and/or side walls of the principal building.
