For the purpose of this chapter, certain terms
or words used herein are defined as follows:
A.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
B.
The present tense includes the future tense.
C.
The singular number includes the plural, and the plural
number includes the singular.
D.
The work "shall" is mandatory, the word "may" is permissive.
E.
The words "used" or "occupied" include the words intended,
designed or arranged to be used or occupied.
F.
The word "lot" includes the words plot or parcel.
As used in this chapter, the following terms
shall have the meanings indicated:
A use, a building or structure, part of a building or other
structure, which is subordinate to and the use of which is incidental
to that of the main building, structure or use on the same lot, including
a private garage. If an accessory building is attached to the main
building by a common wall or roof, such accessory building shall be
considered a part of the main building.
A passage or way, open to public travel and dedicated to
public use, affording generally a secondary means of vehicular access
to abutting lots and not intended for general traffic circulation.
A change or rearrangement of the structural parts of existing
facilities or an enlargement by extending the sides or increasing
the height or depth or the moving from one location to another. In
buildings for business, commercial, industrial or similar uses, the
installation or rearrangement or partitions affecting more than 1/3
of a single floor area shall be considered an "alteration."
A room or a suite of two or more rooms in a multiple dwelling
or in any other building not a single-family dwelling or a two-family
dwelling, occupied or suitable for occupancy as a dwelling unit for
one family.
A building or a portion of a building, designed for occupancy
by three or more families living separately from each other and containing
three or more dwelling units.[1]
A landowner or developer who has filed an application for
development, including his heirs, successors or assigns, or who has
filed an appeal or request with the Borough Council or the Zoning
Hearing Board.
[Added 8-1-1994 by Ord. No. 455]
Any sign (see also the definition of "sign" below) for general
advertising purposes, including any display by painting, posting or
affixing on any surface a picture, emblem, words, figures, numbers
or lettering, which is 300 square feet or more in area and which is
either erected on the ground or attached to or supported by a building
or structure.
The Zoning Hearing Board of the Borough.
Any structure having a roof, but excluding all forms of vehicles
even though immobilized. When a use is required to be within a building
or where special authority granted pursuant to this chapter requires
that a use shall be within an entirely enclosed building, then the
term "building" means one so designed and constructed that all exterior
walls of the structure shall be solid from the ground to the roofline
and shall contain no openings except for windows and doors which are
designed so that they may be closed.
The vertical distance measured from the average elevation
of the finished grade around the building to the highest point of
the coping of a flat roof or to the deckline of a mansard roof or
to the average height of the highest gable of a pitch or hip roof.
Chimneys, spires, towers, elevator penthouses, tanks and similar projections,
other than signs, shall not be included in calculating the height.
A structure to house or protect motor vehicles which is open
to the weather for at least 40% of the total area of its sides.
A building designed and used for the medical, dental and
surgical diagnosis and treatment of patients under the care of doctors
and nurses, but patients are not provided with board or room or kept
overnight on the premises.
That percentage of the lot area covered by the building area.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
[Added 8-1-1994 by Ord. No. 455]
An area accurately defined as to boundaries and location
on an official zoning map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
A building designed exclusively for residential purposes,
including one-family, two-family and multiple dwellings, but not including
hotels or motel units.
One or more rooms designed for or occupied by one family
for living or sleeping purposes and containing kitchen facilities
for use solely by one family.
An individual or two or more persons related by blood, marriage
or adoption or a group of not more than five persons who are not related
by blood, marriage or adoption, excluding servants, living together
in a dwelling unit.
An accessory building or an accessory portion of the main
building enclosed on not fewer than three sides and designed or used
only for the shelter or storage of vehicles owned or operated only
by the occupants of the main building or buildings.
A building other than a private garage used for the care,
repair or storage of automobiles or where such vehicles are kept for
remuneration, hire or sale, but a "public garage" shall not be used
for the storage of dismantled or wrecked motor vehicles, parts or
junk.
An accessory use of a service character, customarily conducted
within a dwelling by the residents, which is clearly secondary to
the use of the dwelling for living purposes and does not change the
character thereof or have any exterior evidence of such secondary
use other than a small nameplate, and in connection therewith, there
is not involved the keeping of stock in trade. The office of a professional
person, i.e., physician, dentist, music or dance instructor (limited
to a single student per session) or other persons who offer skilled
services to clients such as barbers, beauticians or real estate brokers,
all of whom have not more than two paid assistants, shall be deemed
to be a "home occupation."
[Amended 5-5-1986 by Ord. No. 391]
A building or premises for the medical or surgical treatment
of animals or pets including dog, cat and veterinary hospitals, including
the boarding of hospitalized animals and the boarding of animals not
subjected to medical or surgical treatment.[2]
Improvement of one or several adjacent lots for any purposes
involving two or more residential buildings or one or more nonresidential
buildings or a subdivision of land.
[Added 8-1-1994 by Ord. No. 455]
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase, a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or others having a proprietary interest in the land.
[Added 8-1-1994 by Ord. No. 455]
A single tract of land, no matter how legally described,
whether by metes and bounds and/or by lot or lots and block designation
as in a recorded plat, which at the time of applying for a building
permit is designated by its owner or developer as the tract to be
used, developed or built upon as a unit of land under single ownership
or control and assigned to the particular use for which the building
permit is being secured and having frontage on or access to a public
street or over an easement approved by the Council.
That portion of the lot nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of the lot adjacent to the street shall be considered "frontage," and yards shall be provided as indicated under § 195-44, Yard requirements.
The following diagram illustrates terminology used in this
chapter with reference to corner lots, interior lots, reversed frontage
lots and through lots:
CORNER LOTA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet an interior angle of less than 135°. See lots marked "A(1)" in the diagram.
INTERIOR LOTA lot other than a corner lot with only one frontage on a street other than an alley.
THROUGH LOTA lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots."
REVERSED FRONTAGE LOTA lot in which the frontage is at right angles or approximately right angles to the general pattern in the area involved. A "reversed frontage lot" may also be a corner lot or an interior lot. (See A-D and B-D in diagram.)
 |
A transportable single-family dwelling on its own chassis
and axle, 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 towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations.
[Added 8-1-1994 by Ord. No. 455]
A leased parcel of land in a mobile home park, improved with
the necessary utility connections and other appurtenances necessary
for the placement thereon of a single mobile home.
[Added 8-1-1994 by Ord. No. 455]
A parcel or several contiguous parcels of land which have
been laid out and improved so that it contains two or more mobile
home lots.
[Added 8-1-1994 by Ord. No. 455]
A group of attached or detached buildings containing individual
sleeping units where a majority of such units open individually and
directly to the outside and where a garage is attached to or a parking
space is conveniently located to each unit, all for the temporary
use by automobile tourists or transients, and "motel" includes tourist
courts, motor courts, automobile courts, automobile camps and motor
lodges.
A building designed exclusively for occupancy by three or
more families living independently of each other and containing three
or more dwelling units.
A professional engineer licensed to practice in the Commonwealth
of Pennsylvania, duly appointed as the Borough Engineer by the Borough
Council.
[Added 8-1-1994 by Ord. No. 455]
A 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
because of such adoption or amendment.
[Added 8-1-1994 by Ord. No. 455]
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this chapter or 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.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or 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.
A detached building designed exclusively for occupancy by
one family and containing one dwelling unit.
Any card, cloth, paper, metal or painted sign, or wooden,
plaster, stone or other sign of any kind or character whatsoever placed
for outdoor advertising purposes on the ground or on any tree, wall,
bush, rock, post, fence, building, structure or thing whatsoever.
The term "placed," as used in the definition of "outdoor advertising
sign" and in "outdoor advertising structure," includes erecting, constructing,
posting, painting, printing, tacking, nailing, gluing, sticking, carving
or otherwise fastening or fixing or making visible in any manner whatsoever.
The Planning Commission of the Borough.
[Amended 8-1-1994 by Ord. No. 455]
The primary or predominant use to which the property is or
may be devoted and to which all other uses on the premises are accessory.
A formal meeting held pursuant to public notice by the Borough
Council, the Planning Commission or the Zoning Hearing Board, which
is intended to inform the public and to obtain public comment prior
to taking action in accordance with this chapter.
[Added 8-1-1994 by Ord. No. 455]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such "notice"
shall state the time, date and place of the hearing, the particular
nature of the matter to be considered at the hearing and reference
to when and where materials relevant to the matter may be examined
by the public prior to the hearing. The first publication shall be
not more than 30 days before the hearing, and the second publication
shall be not less than seven days before the hearing.
[Added 8-1-1994 by Ord. No. 455]
A private business organization performing some public service
and subject to special governmental regulations or a governmental
agency performing similar public services, the services by either
of which are paid for directly by the recipient thereof. Such services
shall include but are not limited to water supply, electric power,
gas and transportation for persons and freight.
A home operated similarly to a boardinghouse, but not restricted
to any number of guests or guest rooms, and the operator of which
is licensed by the state or county to give special care and supervision
to his or her charges and in which nursing, dietary and other personal
services are furnished to convalescents, invalids and aged persons,
but in which homes are kept no persons suffering from a mental sickness,
mental disease, disorder or ailment or from a contagious or communicable
disease and in which homes are performed no surgery, maternity or
other primary treatments such as are customarily provided in sanitariums
or hospitals and in which no persons are kept or served who normally
would be admittable to a mental hospital.
A place of residence for several families or individuals
in apartment-like quarters, rented or condominium, which may feature
services to retired persons such as limited nursing facilities, minimum
maintenance living accommodations and recreation programs and facilities.
A building that has three or more one-family housekeeping
units erected in a row as a single building on adjoining lots, each
being separated from the adjoining unit or units by an approved fire
wall or walls extending from the basement or cellar floor to above
the roof along the dividing lot line, and each such building being
separated from any other building by space on all sides.
An institution of learning which offers instruction in the
several branches of learning required by the Commonwealth of Pennsylvania.
An occupancy which provides for:
The servicing of motor vehicles and operations
incidental thereto limited to the retail sale of petroleum products
and automotive accessories; automobile washing by hand; waxing and
polishing of automobiles; tire changing and repairing (excluding recapping);
battery service, charging and replacement, excluding repair and rebuilding;
radiator cleaning and flushing, excluding steam cleaning and repair;
installation of accessories; and state inspection.
The following operations if conducted within
a building: lubrication of motor vehicles; brake servicing limited
to servicing and replacement of brake cylinders, lines and brake shoes;
wheel balancing; the testing, adjustment and replacement or servicing
of carburetors, coils, condensers, distributor caps, fan belts, filters,
generators, points, rotors, spark plugs, voltage regulators, water
and fuel pumps, water hoses and wiring.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public;
provided, however, that the following shall not be included in the
application of the regulations herein:
Signs not exceeding two square feet in area
and bearing only property numbers, post box numbers, names of occupants
of premises or other identification of premises not having commercial
connotations.
Flags and insignias of any government except
when displayed in connection with commercial promotion.
Legal notices, identification, information or
directional signs erected or required by governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
Banners, streamers or emblems over or across
any street, alley or part thereof.
A use permitted in one or more districts as established by
this chapter but which, because of characteristics peculiar to it
or because of size, technological processes or equipment or because
of the exact location with reference to surroundings, streets and
existing improvements or demands upon public facilities, requires
a special degree of control to make such use consistent with and compatible
to other existing or permissible uses in the same district and to
assure that such use shall not be inimical to the public interest.
A public or recorded private thoroughfare which affords primary
means of access to abutting property, but not including alleys.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not permanently affixed thereto.
[Added 8-1-1994 by Ord. No. 455]
A building so designed, used or constructed as to be used
or utilized for a period of six months or less. Use of a "temporary
structure" shall be authorized by the issuance of a special exception
by the Zoning Hearing Board.
The division or redivision of a lot, tract or parcel of land
into two or more lots, tracts or parcels, 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.[3]
[Added 8-1-1994 by Ord. No. 455]
A building designed exclusively for occupancy by two families
living independently of each other and containing two dwelling units.
An adjustment in the application of the specific regulations
of this chapter to a particular piece of property, which property,
because of special circumstances applicable to it, is deprived of
privileges commonly enjoyed by other properties in the same vicinity
and district and which adjustment remedies disparity in privileges.
An open space other than a court on a lot, unoccupied and
unobstructed from the ground upward unless specifically otherwise
permitted in this chapter.
A yard extending between side lot lines across the front
of a lot and which is unoccupied other than by steps, walks, terraces,
driveways, lampposts and similar structures or improvements.
[Amended 8-1-1994 by Ord. No. 455]
A yard extending across the rear of the lot between inner
side yard lines.
[Amended 8-1-1994 by Ord. No. 455]
A yard extending from the rear line of the required front
yard to the rear lot line.[8]
[Amended 8-1-1994 by Ord. No. 455]
[1]
Editor's Note: The definitions of "automobile
wrecker" and "automobile wrecking," which immediately followed this
definition, were repealed 8-1-1994 by Ord. No. 455.
[2]
Editor's Note: The definitions of "junk dealer"
and "junkyard," which immediately followed this definition, were repealed
8-1-1994 by Ord. No. 455.
[3]
Editor's Note: The definitions of "trailer
or mobile home," "trailer park or mobile home park" and "trailer park
subdivision or mobile home subdivision," which immediately followed
this definition, were repealed 8-1-1994 by Ord. No. 455.
