A.
The following words are defined 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.
Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
(1)
Words used in the present tense include the future
tense.
(2)
The singular includes the plural.
(3)
The word "person" includes any individual or group
of individuals, a corporation, partnership or any other similar entity.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "shall" is always mandatory.
(6)
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
this chapter:
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building (structure) subordinate to and detached from the
principal building on the same lot and used for purposes customarily
incidental to the principal building.
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building. "Accessory use" also includes
a portable structure used for storage and shall be subject to this
chapter, including but not limited to the setback requirements set
forth for each zoning district.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended.
Act 13 of 2012 (H.B. 1950), P.L. 87, § 1, approved February 14, 2012, 58 Pa. C.S.A. § 2301 et seq., commonly known as the "Unconventional Gas Well Impact Fee Act," which amended Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes to add Chapters 23, 25, 27, 32, 33 and 35, and any subsequent amendments thereto and regulations promulgated thereunder.
[Added 6-20-2013 by Ord. No. 900]
An establishment having a substantial or significant portion
of its stock-in-trade, books, magazines and other periodicals distinguished
or characterized by their emphasis on matter depicting, describing
or related to specified sexual activities or specified anatomical
areas or an establishment with a segment or section devoted to the
sale or display of such material and/or rental of said material, including
but not limited to video tapes.
A facility providing counseling and rehabilitative services
to functionally impaired adults, licensed by the Pennsylvania Department
of Public Welfare.
An enclosed building with a capacity for less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or related to specified sexual
activities or specified anatomical areas for observation by patrons
therein.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons not transients. Where permitted, or permitted
as a special exception, "adult personal-care facilities" may be established
subject to the following conditions:
Lot area shall be determined on the basis of
building size, yard requirements, parking and access requirements,
water and wastewater requirements and other applicable standards of
this chapter.
A buffer yard and screen planting of no less
than 10 feet in depth shall be established along rear and side lot
lines.
Off-street parking facilities shall provide
a minimum of two handicapped parking spaces or 5% of the required
parking spaces, whichever is greater.
The facility shall be conducted and operated
in compliance with all Pennsylvania Department of Public Welfare licensing/registration
requirements and any other local, state or federal regulations.
The same meaning as such term is used in Act 13. However,
the Borough of Sayre does not have an Agricultural Zoning District.
[Added 6-20-2013 by Ord. No. 900]
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture
and animal and poultry husbandry, and the necessary accessory uses
for farm homes and packing, treating or storing the produce; provided,
however, that the operation of any such accessory use shall be secondary
to that of normal agricultural activities, and provided further that
the above uses shall not include commercial hog farms or fur farms
and shall exclude fertilizer plants or the sale of fertilizer, feed
stores, tanneries and similar objectionable uses.
A public or private way affording secondary means of access
to abutting property.
As applied to a building or structure, any 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; and the authority
for any amendment lies solely with the Board of Supervisors.
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.
Any system of wires, poles, rods, reflecting discs or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any building,
in excess of 35 feet from ground level.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but shall
not be limited to, what are commonly referred to as satellite earth
stations, TVRO's and satellite microwave antennas.
A dwelling unit within a multiple dwelling. This classification
includes apartments in apartment houses, studio apartments and kitchenette
apartments. Accessory apartments and conversion apartments are not
included in the classification.
An independent dwelling unit incorporated within an existing
single-family detached dwelling without any substantial external modification.
A building occupied by three or more dwelling units.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without substantially altering the exterior
of the building.
A two-story multifamily dwelling, containing one-story dwelling
units.
See "dwelling, multifamily."
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit for the approval of a subdivision plat or plan or for the approval
of a development plan.
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.
See "building area."
The gross land area of any development parcel including only
the area contained within the property line and the ultimate right-of-way
line. The area within the right-of-way is computed as part of the
"gross land area."
The area contained within the property lines of a lot or
as shown on a subdivision plan, excluding space within any street,
but including the area of any easement.
The net land area of any development parcel including only
the area contained within the property line and the ultimate right-of-way
line. The area within the right-of-way (public or other thoroughfare)
is not computed as part of the "net land area."
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 premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs, but not including
such major repairs as:
Lubrication of automobiles and replacement or installation
of minor parts and accessories and including major repair work, such
as motor replacement, body and fender repair or spray painting.
The sale or rental of new or used motor vehicles or trailers,
including automotive maintenance and repair.
A freestanding randomly located structure, fence-like in
nature and materials of construction, except that it is not normally
attached to any building, does not particularly follow lot lines nor
enclose a particular area, but rather screens one segment of one property
from another for the primary purpose of assuring privacy; a baffle
or screen of this nature may also be utilized for the support of various
types of living plant materials, such as vines, climbing roses or
espaliered trees and shrubs.
That portion of a building that is partially or wholly below
ground level. This portion is not a completed structure and serves
as a substructure or foundation for a building. 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 is used for business or
dwelling purposes, other than a game or recreation room.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons.
Sleeping accommodations shall be located only
within the dwelling and shall be limited to no more than three rooms
for rent with a total size not to exceed 35% or 750 square feet of
the dwelling, whichever is less.
Not more than six adult guests may be accommodated
at any one time. The length of stay per guest shall be limited to
15 days.
Off-street parking shall be provided in accordance
with the parking provisions.
Meals for compensation shall be provided only
to guests of the bed-and-breakfast establishments.[5]
See "projecting sign."
[Added 6-23-2021 by Ord. No. 967]
An area of land bounded by streets.
Anybody granted jurisdiction under a land use ordinance or
under this Act to render final adjudications.
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation for two or
more unrelated persons.
See "yard, buffer."
A structure for the shelter or enclosure of persons, animals
or chattels.[7]
For the specific purposes of this Chapter 173 of the Zoning Ordinance, consistent with the definition of "building" pursuant to Act 13 (58 Pa. C.S.A. § 3203), an occupied structure with walls and roof within which persons live or customarily work.
[Added 6-20-2013 by Ord. No. 900]
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 building surrounded by open space on the same lot.
The highest point of a main structure from the grade to the
average point of the coping of a flat roof, to the deck line of a
mansard roof or to the mean height level between eaves and ridge for
gable, hip and gambrel roofs.
A line parallel to the front, side or rear lot line so as
to provide the required yard. This face includes sun parlors and covered
porches, decks and patios, whether enclosed or unenclosed, but does
not include steps.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
A building in which is conducted the principal use of the
lot on which it is located.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way.
A conglomeration of mixed use consisting of start-up business
and/or industry that nurtures the development of entrepreneurial companies
helping them survive and grow during the start-up period when they
are most vulnerable. Business incubators create jobs in a community,
enhance a community's entrepreneurial climate retaining business in
the community, build or accelerate growth in local industry and diversify
local economics.
[Added 6-20-2013 by Ord. No. 896]
A parcel of land used by campers for seasonal, recreational
or other similar temporary living purposes, in buildings of a movable,
temporary or seasonal nature, such as cabins, tents or shelters.
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
supported 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.
That portion of a street or alley which is improved, designed
or intended for vehicular use.
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 maximum number of stories.
A building or group of buildings including customary accessory
buildings designed or intended for public worship. For the purposes
of this chapter, the word "church" shall include chapels, cathedrals,
temples and similar designations as well as parish houses, convents
and such accessory uses.
Cities of the Second Class A and Third Class.
An area of unobstructed vision at a street intersection(s)
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
A development technique that concentrates building in specific
areas on the site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive features.
A form of development that permits a reduction in lot area
and bulk requirements, provided that there is no increase in the number
of lots/units permitted under a conventional subdivision/land development
and the resultant land area is devoted to open space.
The Sayre Borough Planning Commission of Bradford County,
Pennsylvania.
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 of a development, not including
streets, off-street parking area and areas set aside for public facilities.
A group of more than five unrelated handicapped persons that
is living together as a single housekeeping unit in a dwelling unit
and sharing common facilities. If required by the service provider,
a staff person may reside on the premises.
[Added 11-17-1997 by Ord. No. 755]
The dwelling unit shall have one primary means
of ingress/egress, a single outside mailbox, single utility connections
(except for telephone service) and common eating/cooking areas.
The use does not require alteration to the exterior
structure except where otherwise permitted for a single-family residential
dwelling or where required under health/safety codes.
On-site parking spaces shall be provided at
the ratio one stall for every three staff persons on duty.
Any office located in the dwelling unit shall
be limited to an on-site program use only.
The facility shall be located not less than
1/4 mile from any other community home. This distance may be reduced
by the Board if it finds that the existence of natural geographic
boundaries lessens the potential impact that may result from the concentration
of such facilities.
The station where, once the natural gas is extracted and
piped to the compressor station located at the CNG fueling gas station,
it will be pressurized and filtered prior to being dispensed as fuel
to the vehicle. The purpose of this station is to pressurize the natural
gas prior to flowing through a gas pipeline.
[Added 7-23-2015 by Ord.
No. 915]
A use permitted in a particular zoning district pursuant
to the provisions of this chapter.
A form of property ownership providing for individual ownership
of a specific apartment or other space not necessarily on ground level,
together with an undivided interest in the land or other parts of
the structure in common with other owners. A "condominium" is considered
permissible under the same standards as a townhouse or garden apartment.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building structure, including
the placement of mobile (manufactured) homes.
A use of property for the storing of unhoused equipment and
piping material for use in the natural gas industry which consists
of loading and unloading pipe and equipment for staging and storage
purposes to be reloaded and transported to a gas well site.
[Added 7-23-2015 by Ord.
No. 915]
A commercial establishment for the sale of commercial energy
sources, food products, videotapes and convenience items, with food
served on the premises on a limited basis. Sale of alcoholic beverages
is prohibited. If located in a residential area, the hours of operation
shall be from 7:00 a.m. to 11:00 p.m. In order to be open for 24 hours
it will require Zoning Board approval.
A dwelling or other building existing at the effective date of this definition which is converted for residential occupancy by more than one family. The conversion must comply with § 173-88A(5).
[Added 7-29-2003 by Ord. No. 820]
Any county of the second class through eighth class. (Definition
amended by Act of December 14, 1992, P.L. 815, No. 131.)
An unoccupied open space, other than a yard, on the same
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, and
that the court does not extend to a street, alley, yard or other outer
court.
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 lot area covered by all
impervious materials.
Care in lieu of parental care given for part of the twenty-four-hour
day to three or more unrelated children under six years of age away
from their own homes, but does not include child day care furnished
in places of worship during religious services. It must be licensed
by the Department of Public Welfare.
A flat-floored roofless area adjoining a dwelling unit.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this Act to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the municipality
lies.
A term used to express the allowable number of dwelling units
per acre of land. "Net density" is the number of dwelling units per
net acre. "Gross density" is the number of dwelling units per gross
acre.
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.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A portion of the territory of Sayre Borough within which
certain regulations and requirements, or various combinations thereof,
apply under the provisions of this chapter.
Any premises, except where accessory to an agricultural use,
where three or more dogs, 10 weeks in age or older, are kept or boarded.
That residents of a dormitory-style housing facility shall
be provided with meals, sleeping accommodations, bathroom facilities,
and recreational opportunities, and may also be provided with housekeeping
services or laundry facilities. (There shall however be no more than
two persons per bedroom).
[Added 7-23-2015 by Ord.
No. 915]
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade, such as drive-in
restaurants, drive-in theaters and similar uses.
A lot or land or part thereof used primarily for disposal,
by abandonment, dumping, burial or other means and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind. This chapter shall
not allow a dump within the Borough limits since there is adequate
space available and the Borough waste is disposed at a licensed landfill
facility operated by Northern Tier Solid Waste Authority in Burlington,
Pennsylvania.
[Amended 11-17-1997 by Ord. No. 755]
Any building or portion thereof which is designed for or
used for residential purposes.
Any completed building or structure that was designed to
be built partially or wholly underground; a completed building or
structure which was not intended to serve as a substructure or foundation
for a building.
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
Any structure designed primarily for residential occupancy,
except a manufactured home, which is wholly or in substantial part
made, fabricated, formed or assembled in manufacturing facilities
for installation or assembly and installation on the building site
in such manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
A transportable, single-family detached 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. For Federal Emergency Management Agency (FEMA)
floodplain management purposes, this definition includes park trailers,
travel trailers and other similar vehicles located on site for greater
than 180 consecutive days.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, flats, row houses, garden apartments,
townhouses and condominiums.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats, townhouses
and group houses.
A detached building arranged or used for occupancy by one
family.
A detached or semidetached building where not more than two
individual family or dwelling units are entirely separated by vertical
walls or horizontal floors, unpierced except for access to the outside
or to a common cellar.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities used or intended to be used by one
or more persons living together and maintaining a common household,
and accessible from the outdoors, either directly or through an entrance
hall shared with other dwelling units.
A single-family detached dwelling with the building positioned
on a lot in such a manner that one or more of the building's sides
rest directly on a lot line.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
Any form of restaurant and/or tavern open to the public,
dispensing food or drink for monetary consideration.
A college or university giving general academic instruction,
as prescribed by the Commonwealth of Pennsylvania. Included within
this term are areas or structures used for administration, housing
of students or faculty, dining hall, social or athletic activities,
when located on the institution's land that is not detached from that
portion of the campus where classroom facilities are maintained, by
more than a street and/or other property owned by the institution.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public.
Electric public utilities transmission and distribution facilities,
including substations.
Any activity conducted for gain which is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller-skating rinks, miniature golf, golf-driving ranges,
commercial swimming pools, carnivals, arcades, billiards and related
uses.
In accordance with Act 13 (58 Pa. C.S.A. § 3301),
all statutes enacted by the Commonwealth relating to the protection
of the environment or the protection of public health, safety and
welfare that are administered and enforced by the department or by
another Commonwealth agency, including an independent agency, and
all federal statutes relating to the protection of the environment,
to the extent those statutes regulate oil and gas operations.
[Added 6-20-2013 by Ord. No. 900]
A single person occupying a dwelling unit and
maintaining a household; or
Two or more persons related by blood or marriage
occupying a dwelling unit, living together and maintaining a common
household, including no more than one boarder, roomer or lodger; or
Not more than five unrelated persons occupying
a dwelling unit, living together and maintaining a common household.
A facility providing shelter, counseling and other rehabilitative
services in a family-like environment for four to eight residents,
plus such minimum supervisory personnel, as may be required to meet
standards of the licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
or physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A "family-care facility" must be licensed and/or approved by the Pennsylvania
Department of Public Welfare and may include uses such as foster homes,
community residential alternative facilities, or home individual programs.
A residence offering baby-sitting services and child-care
services for four to six children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare. A "family day-care
home" is a permitted accessory use in any residential district.
An area of land not less than one acre in size and used for
agricultural purposes, as defined under "agriculture."
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided, or to define and mark the property
line, when such structure is erected on or within two feet of any
front, side or rear lot line; for the purpose of this chapter, a freestanding
masonry wall, when so located is considered to be a "fence;" also,
for the purpose of this chapter, when the term "lot line" is used
in relation to "fences," it shall be synonymous with "rear yard lot
lines," "side yard lot lines" and "front yard lot lines."
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a "fill."
A temporary inundation of normally dry land areas.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
That portion of the floodplain outside the floodway.
Any combination of structural and nonstructural additions,
changes or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the "floodway" shall be capable of accommodating a flood
of the one-hundred-year magnitude without increasing the water surface
elevation more than one foot at any point.
The total enclosed area in the horizontal plan of a structure,
measured from the faces of the exterior walls.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen and bedroom,
but not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathrooms or 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 the 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.
All that space relegated to use by the customer and the retail
employee to consummate retail sales, including display areas used
to indicate the variety of goods available for the customer, but not
to include office space, storage space and other general administrative
areas.
A space or structure on the same lot with or in the building
to which it is accessory, for storage only, having no public shop
or service in connection therewith, and in which no occupation, business
or industry is conducted. Except on farms, only one commercial motor
vehicle not exceeding two tons' capacity or weight may be parked in
a private garage or driveway.
Any structure, other than a private garage, which is used
for storage, repair, rental, servicing or supplying of gasoline or
oil to motor vehicles for compensation.
A garage, other than a private garage, where motor-driven
vehicles are stored, equipped for operation, repaired or kept for
remuneration, hire or sale.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof, and
all other articles and materials ordinarily used for food, for humans
or domestic animals and which have become unfit for such use or which
are discarded for any reason.
Three or more dwelling units accommodating three or more
families which are located one over the other and which, when more
than three units are utilized, are attached side-by-side through the
use of common party walls, and which shall have side yards adjacent
to each first story end unit. Single-family dwelling units are generally
built to a height of three stories but may conceivably be built to
a height of one or two stories. Each dwelling unit is accessible by
a common stairwell.
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes, or which serves as a shelter
primarily for human beings, except a permitted garage, porch or carport,
which is located in any side or rear yard not closer than three feet
to any side or rear lot line. Included, but not limited to, in this
category of structures are arbors, aviaries, gazebos, pergolas, trellises,
barbecue shelters, bathhouses, private greenhouses and freestanding
screens or baffles and similar structures as however called. No such
structure may be located in any required front yard between the building
setback line and the street line. Such structures may be solidly roofed
and walled or open to the sky and on the sides, but if solidly roofed
or solidly walled on more than two sides, they must be located within
the building line of the lot and may not invade any required yard.
Unscreened, unroofed, unwalled or unfenced patios, birdbaths, ornamental
pools and swimming pools are not considered as garden structures.
Permitted structures may be attached to or be detached from a dwelling.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
The Council in cities, Boroughs and incorporated towns; the
Board of Commissioners in townships of the first class; the Board
of Supervisors in townships of the second class; the Board of Commissioners
in counties of the second class through eighth class or as may be
designated in the law providing for the form of government. (Definition
amended by Act of December 14, 1992, P.L. 815, No. 131.)
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
The floor of a building nearest the mean grade of the front
of the building.
A facility providing shelter, counseling and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimal level of
supervision but do not require medical or nursing care or general
supervision. A "group care facility" must be licensed and/or approved
by the Pennsylvania Department of Public Welfare.
A residence offering baby-sitting services and child-care
services for seven to 11 children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare.
A residence for inmates on release from more restrictive
custodial confinement or initially places in lieu of such more restrictive
custodial confinement, wherein supervision, rehabilitation and counseling
are provided to mainstream residents back into society, enabling them
to live independently. Such facility must be leased and operated by
the Pennsylvania Department of Corrections for such services.
Any garbage, refuse, sludge from an industrial
or other wastewater treatment plant, sludge from a water supply treatment
plant or air pollution control facility and other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, which, because of its quantity, concentration or physical,
chemical or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
The term "hazardous waste" shall not include
coal refuse as defined in the Act of September 24, 1968 (P.L. 1040,
No. 318), known as the "Coal Refuse Disposal Control Act." "Hazardous
waste" shall not include treatment sludge from coal mine drainage
treatment plants, disposal of which is being carried on pursuant to
the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean
Streams Law," solid or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. Section
1342), or source, special nuclear or by-product material as defined
by the Atomic Energy Act of 1954 (42 U.S.C.A. Section 2011-2394).
An administrative proceeding conducted by a board pursuant
to Section 909.1.[18]
See "building height."
Where permitted or permitted as a special exception, "home
occupations" may be established subject to the following conditions:
No more than one "home occupation" is permitted
per lot.
The "home occupation" shall be carried on completely
within the dwelling unit or accessory building.
Not more than one person other than the occupants
of the dwelling unit shall be employed.
Not more than 25% of the floor area of the dwelling
unit shall be devoted to a "home occupation."
Articles sold or offered for sale shall be limited
to those produced on the premises or for food served as part of a
bed-and-breakfast establishment.
There shall be no exterior display or sign (except
as permitted in the regulation of signs in this chapter), no exterior
storage of materials and no other exterior indication of the "home
occupation" or variation of the residential character of the main
building.
No offensive noise, vibration, smoke or other
particulate matter, heat, humidity, glare or other objectionable effects
shall be produced.
A "home occupation" may include but is not limited
to an art studio; dressmaking or millinery; barbershop; beauty parlor;
teaching, music or dance instruction; real estate or insurance office;
the professional office of a dentist, physician, lawyer, engineer,
planner, accountant or architect; bed and breakfast establishment;
or any other activities of a similar nature.
A "home occupation" shall, under no circumstances,
be interpreted to include a commercial stable or a kennel.
Off-street parking shall be provided in accordance
with the ordinance.
The owner of the property must be engaged in
the "home occupation."
A building designed or used primarily as a temporary abiding
place in which lodging is provided for compensation, with or without
meals, containing 10 or more guest rooms and having an outside entrance
in common.
See "coverage."
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be "impervious
material": buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
The same meaning as such term is used in Act 13, including
as used in 58 Pa. C.S.A. § 3304.
[Added 6-20-2013 by Ord. No. 900]
An approved device in which combustible material, other than
garbage, is burned to ashes.
Any establishment which provides recreation, amusement or
entertainment for the general public within a completely enclosed
structure for a fee or admission charge, including but not limited
to theaters, dance halls, bowling alleys, billiard and pool halls,
video and other coin-operated game arcades and spas or health clubs
where the principal use includes a gymnasium, exercise room, swimming
pool or other sports facility.
The same meaning in this Chapter 173, Article II, as the term "industrial uses" as used in Act 13, and, without limiting the foregoing, shall include the following specific uses provided for in the Sayre Borough Zoning Ordinance:
[Added 6-20-2013 by Ord. No. 900]
|
§ 173-80. Permitted uses.
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Permitted uses in the Industrial I District are as follows:
| ||
|
A.
|
The manufacture, assembly, parking, storage or treating of merchandise.
| |
|
B.
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Repair and machine shops.
| |
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C.
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Laundries and dry-cleaning work.
| |
|
D.
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Lumber and coal yards.
| |
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E.
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Building material storage yards.
| |
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F.
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Contractors equipment storage yards and storage warehouses.
| |
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G.
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Stone and monument works.
| |
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H.
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Automobile, truck and trailer body repair.
| |
|
§ 173-81. Permitted accessory uses.
| ||
|
Permitted accessory uses in the Industrial I District are as
follows:
| ||
|
A.
|
Accessory storage within a wholly enclosed permanent building
of materials, goods and supplies intended for sale, processing or
consumption upon the premises.
| |
|
B.
|
Customary buildings and uses accessory to main use or building.
| |
|
C.
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Private garage or private parking.
| |
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D.
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Truck loading space subject to recommended standards.
| |
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E.
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Signs; billboards.
| |
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F.
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Storage trailers.
| |
|
§ 173-82. Special exceptions.
| ||
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A.
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Adult book store.
| |
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B.
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Adult mini-motion picture theater.
| |
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C.
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Junkyard.
| |
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D.
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Truck freight terminal.
| |
|
E.
|
Storage of materials, goods and supplies outside of a building
as an accessory to permitted use, provided that no storage space shall
be located within the front yard nor within 25 feet of a side lot
line or rear lot line and further, that no such outside storage shall
be for the primary purpose of displaying for sale or advertising benefit
other than signs.
| |
|
F.
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Recycling center.
| |
|
G.
|
Truck terminal.
| |
The manufacturing, compounding, processing, assembly or treatment
of materials, articles or merchandise. Light and heavy industry shall
be defined as they are used in the industry.
A building or grounds, all or a portion of which is used
by persons who occupy the buildings for a common purpose, including
but not limited to hospitals, convents, school dormitories, college
campuses, nursing homes and the education, administrative and/or recreational
facilities of such organizations as the YMCA, YWCA, Boy Scouts, Girl
Scouts and Boys Clubs, but not to include penal institutions and similar
facilities.
Any discarded materials, machinery, scrap metals, articles
or objects possessing value in part, gross or aggregate, and including
but not limited to inoperable vehicles and parts thereof, including
motors, bodies of motor vehicles and vehicles which are inoperable.
"Junk" includes vehicles, tires, vehicle parts, equipment, paper,
rags, metal, glass, building materials, household appliances, brush,
wood and lumber.
A place where waste and discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, including auto wrecking yards, house wrecking yards, used
lumberyards and places or yards for use of salvaged house wrecking
and structural steel materials and equipment, but excluding such uses
when conducted entirely within a completely enclosed building, and
excluding pawnshops and establishments for the sale, purchase or storage
of used cars in operable condition, salvaged machinery, used furniture
and household equipment and the processing of used, discarded or salvaged
materials as part of manufacturing operations.
A state-licensed facility for the housing of animals of all
species and varieties for nonprofit and profit.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants, by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Provisions for the exclusion of certain land
development only when such land development involves:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium; or
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
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 land.
A completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and high-level
screen.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, including laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
DIFFUSED LIGHTINGThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT LIGHTING or FLOODLIGHTINGThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECT LIGHTINGThat 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.
An off-street area on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on a street or other appropriate means of access.
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 lot abutting on and at the intersection of two or more
streets, or upon two parts of the same street, where, in either case,
the interior angle formed by intersection of the street lines does
not exceed 135°.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
A lot other than a corner lot or through lot.
The lines bounding a lot, as defined herein.
The minimum lot width at the building setback line.
See "nonconforming lot."
Any lot which individually or as part of a subdivision has
been recorded in the office of the Recorder of Deeds of Bradford County,
Pennsylvania.
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
The width of a lot at the front building line, measured at
right angles to its depth.
A self-contained retail commercial area designed as a unit
with adequate off-street parking.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation as defined
in Section 603(6) of the Act, 42 U.S.C. § 5402(6) defines
a "manufactured home."
The processing and/or converting of raw unfinished or finished
materials or products, or of any combination, into an article or substance
of a different character, or for use for a different purpose; industries
furnishing labor in the case of manufacturing or the refinishing of
manufactured articles.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health-care practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
A facility designed for the production of minerals to be
used in the construction industry including but not limited to concrete,
blacktop, asphalt, and amecite.
[Added 7-23-2015 by Ord.
No. 915]
Any aggregate or mass of mineral matter, whether or not coherent,
that is extracted by surface mining. The term includes but is not
limited to limestone and dolomite, sand and gravel, rock and stone,
earth, fill, slag, iron ore, zinc ore, vermiculite and clay; but it
does not include anthracite or bituminous coal or coal refuse, except
as provided in Section 4 of the Noncoal Surface Mining Conservation
and Reclamation Act, No. 1984-219, as amended, or peat.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil or waste vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one use.
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 or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A transportable, single-family dwelling intended for permanent
occupancy, contained in two or more units designed to be joined into
one integral unit 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 with a permanent foundation.
One or more buildings for the accommodation of transient
guests, chiefly motorist, containing guest rooms for rent, each of
which has a separate outside entrance.
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."
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Includes garbage, refuse, industrial lunchroom or office
waste and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
and sludge not meeting the definition of residual or hazardous waste
from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
Any city of the second class A or third class, Borough, incorporated
town, township of the first or second class, county of the second
class through eighth class, home rule municipality, or any similar
general-purpose unit of government which shall hereafter be created
by the General Assembly. (Definition amended by Act of December 14,
1992, P.L. 815, No. 131.)
Any fluid, either combustible or noncombustible which is
produced in a natural state from the earth and which maintains a gaseous
or rarified state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in a derived from
petroleum or natural gas.
[Added 6-20-2013 by Ord. No. 900; amended 7-23-2015 by Ord. No. 915]
The station where once the natural gas is extracted will
be pressurized and filtered prior to being sent to market. The purpose
of this station is to pressurize the natural gas prior to flowing
through a gas pipeline.
[Added 6-20-2013 by Ord. No. 900; amended 7-23-2015 by Ord. No. 915]
A processing plant engaged in the forced extraction of natural
gas liquids from field gas, fractionation of mixed natural gas including
extraction of CO2 and/or acid gas.
[Added 6-20-2013 by Ord. No. 900; amended 7-23-2015 by Ord. No. 915]
A small-scale facility that processes and liquefies natural
gas, cooled to -260° F., and stored on-site within LNG storage
tanks. The facility includes compressors, condensers, cold boxes,
control room and dispensing unit for transfer onto LNG Class 8 trucks
for fuel transport.
[Added 7-23-2015 by Ord.
No. 915]
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
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 1-27-2003 by Ord. No. 818]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference. including interference with
radio or television reception. which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
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 a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
or its location by reason of annexation. Such nonconforming structures
include but are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A proprietary facility, licensed by the state, for the accommodation
of convalescents, or chronically ill persons, in which such nursing
care and medical services are prescribed by or are performed under
the general direction of persons licensed to provide such care or
services in accordance with state laws.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culver, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same down stream to the
damage of life and property.
For the specific purposes of this Chapter 173 of the Zoning Ordinance, consistent with the definition of "building" pursuant to Act 13 (58 Pa. C.S.A. § 3203), an occupied structure with walls and roof within which persons live or customarily work.
[Added 6-20-2013 by Ord. No. 900]
A building designed or used primarily for office purposes,
no part of which is used for manufacturing.
A room or rooms used for the carrying on of a profession,
to include but not be limited to physicians, dentists, architects,
engineers, accountants, attorneys, real estate brokers, insurance
agents entitled to practice under the laws of the Commonwealth of
Pennsylvania or similar type.
Any one of a great variety of unctuous combustible substances,
not miscible with water; as, olive oil, whale oil, rock oil, etc.
They are of animal, vegetable, or mineral origin and of varied composition,
and they are variously used for food, for solvents, for anointing,
lubrication, illumination, etc.; by extension, any substance of an
oily consistency; as, oil of vitriol.
[Added 7-23-2015 by Ord.
No. 915]
The term Includes the following:
[Added 6-20-2013 by Ord.
No. 900; amended 7-23-2015 by Ord. No. 915]
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Water and other fluid storage or mobile only impoundment areas
used exclusively for oil and gas operations;
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsections A, B and C, to the extent that:
The equipment is necessarily located at or immediately adjacent
to a well site or mobile only, impoundment area, oil and gas pipeline,
natural gas compressor station or natural gas processing plant; and
The activities are authorized and permitted under the authority
of a federal or commonwealth agency.
|
(58 Pa.C.S.A. § 3301)
|
A permanent structure that is used as a midstream operation
for the purpose of metering or measuring the flow and/or volume of
oil/gas and includes associated equipment, tanks and site disturbance.
[Added 7-23-2015 by Ord.
No. 915]
A pierced or bored hole drilled or being drilled in the ground
for the purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
[Added 6-20-2013 by Ord.
No. 900; amended 7-23-2015 by Ord. No. 915]
The location where facilities, structure, materials and equipment
whether temporary or permanent, necessary for or incidental to the
preparation, construction, drilling, production or operation of an
oil or gas well. This definition also includes exploratory wells.
[Added 6-20-2013 by Ord.
No. 900; amended 7-23-2015 by Ord. No. 915]
A potable supply of water used for consumption by a single-family
user from a private well.
The unoccupied space open to the sky on the same lot with
the building, not including parking lots.
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 of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
Any owner of the right to develop, operate, and produce oil
and gas from the pool. In the event that there is no oil and gas lease
in existence the owner of the oil and gas rights shall be considered
as "operator" to the extent of seven-eighths of the oil and gas in
that portion of the pool underlying the tract owned by such owner,
and a royalty owner as to a one-eighth interest in such oil and gas.
In the event that the oil is owned separately from the gas, the owner
of the substance being produced or sought to be produced from the
pool shall be considered as "operator" as to such pool. (58 Pa.C.S.A.
§ 402)
[Added 7-23-2015 by Ord.
No. 915]
An advertisement used outdoors, including painted walls or
rock face, of a product or service related or unrelated to the use
of the land or structure on which it is located, but not including
official notices or directional road signs of a government body.
For the purposes of this Chapter 173, the same meaning as such term used in Act 13 [58 Pa. C.S.A. § 3304(b)].
[Added 6-20-2013 by Ord. No. 900]
A parking lot or garage used for parking of motor vehicles,
available to the public and which is not an accessory use, excluding
vehicles used for overnight accommodations.
The space within a building, or on a lot or parking lot,
for the parking or storage of one vehicle.
A common shared wall between two separate structures, buildings
or dwelling units.
A recreational area usually, but not limited to being, roofless,
adjoining a dwelling unit.
When required herein, that amount of land required for the
location of adequate parking spaces, driveways or other access roads.
In the computation of a "paved area," the actual building area shall
be excluded.
As used in this Chapter 173 of the Zoning Ordinance, is intended to have the same meaning as the term "permanent oil and gas operations" as used in 58 Pa. C.S.A. § 3304(b)(3).
[Added 6-20-2013 by Ord. No. 900]
Any individual or group of individuals, corporations, partnership
or any similar entity.
A building in which food, shelter and personal assistance
or supervision are provided for a period exceeding 48 consecutive
hours for more than three adults who are not relatives of the operator
and who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self-administration. Residents
shall consist primarily of elderly persons, 55 years of age or older.
Any enterprise conducted for gain, which primarily offers
services to the general public, such as shoe repair, valet service,
watch repair, barbershops, beauty parlors and related activities.
All parts of those physical facilities running through which
gas, oil, hydrocarbons, hazardous liquids, fresh water, salt water
or chemicals move in transportation, including, but not limited to
pipes, valves, and other appurtenance attached to pipe, whether or
not laid in a public or private easement or public or private right
of way within the Borough, including, but not limited to, gathering
lines, production lines or transmission lines. This definition does
not include pipelines associated with franchise utilities.
[Added 7-23-2015 by Ord.
No. 915]
A use or building owned or maintained by an organization
for the purpose of which persons assemble in sufficient numbers that
require the implementation of Labor & Industry building codes.
[Added 7-29-2003 by Ord. No. 820]
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, type of dwelling or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
A planning commission, planning department or a planning
committee of the governing body.
The Planning Commission of Sayre Borough, Bradford County,
Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
Any lot, parcel or tract of land or any building constructed
thereon.
Not publicly owned, operated or controlled.
A legally established right-of-way, other than a public street,
which provides the primary vehicular and/or pedestrian access to a
lot.
Aboveground structures for gas, electric and water, not including
substations, which shall be allowed in all zoning districts as a special
exception.
[Added 11-17-1997 by Ord. No. 755]
The practice of a profession by any professional, including
but not limited to attorney, physician, surgeon, osteopath, chiropractor,
dentist, optician, optometrist, chiropodist, engineer, surveyor, architect,
landscape architect, planner or similar type, entitled to practice
under the laws of the Commonwealth of Pennsylvania.
The use of offices and related spaces for such professional
services as are provided by doctors, dentists, lawyers, architects,
engineers, realtors and accountants.
A sign which is attached to a building, wall, or structure
and which extends horizontally more than eight inches from the plane
of such wall or structure or a sign which is perpendicular to the
face of such wall or structure.
[Added 6-23-2021 by Ord. No. 967]
Owned, operated or controlled by a government agency (federal,
state or local), including a corporation and/or board created by law
for the performance of certain specialized governmental functions.
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.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
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.
Any sanitary sewer collection and treatment system, whether
publicly or privately owned and approved by the Pennsylvania Department
of Environmental Resources.
Public and semipublic uses of a welfare and educational nature,
including but not limited to hospitals, schools, parks, churches,
cemeteries, day-care centers, historical restorations, fire stations,
municipal buildings, essential public utilities which require enclosure
within a building, airports, fraternal clubs and homes, nonprofit
recreational facilities, easements for alleys, streets and public
utility rights-of-way and radio and television transmission facilities.
Public schools, parks and administrative, cultural and service
buildings, but not including public land or buildings devoted primarily
or solely to the storage and maintenance of equipment and material.
A potable supply of water subject to either the Pennsylvania
Public Utility Commission jurisdiction or other appropriate regulating
agency.
A station or studio engaged in transmitting oral and visual
programs to the public, that may or may not include the transmitter
and/or antennas for such broadcasting.
[Added 4-22-2010 by Ord. No. 876]
Publicly owned and operated and open to the general public.
Group recreation facilities, other than commercial or public
recreation uses, not operated for profit and open only to its members.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which has its own
motor power or is mounted or drawn by another vehicle, having a body
width of no more than eight feet and a body length of no more than
35 feet when factory-equipped for the road, and licensed as such by
the commonwealth, to include but not be limited to travel trailers,
truck campers, camping trailers and self-propelled motorhomes.
Reusable material, including but not limited to clear glass,
colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, plastics and other materials designated
as recyclable under the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. This term does not include
such facilities as transfer stations, municipal waste landfills, composting
facilities, resource recovery facilities or junkyards.
All combustible refuse and incombustible refuse, referred
to collectively.
COMBUSTIBLE REFUSEAll paper, straw, excelsior, packaging materials, rags, rubber, shoes and such other refuse as may result from ordinary housekeeping and commercial pursuits and which may be burned by fire.
INCOMBUSTIBLE REFUSEAll discarded articles or materials other than sewage, liquid waste, garbage and combustible refuse.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including but not limited to biomass
conversion, geothermal energy and wind energy and hydroelectric energy
excluding those sources of energy used in the fission and fusion processes.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such "report" in the rendering of any decision
or determination. All "reports" shall be deemed recommendatory and
advisory only and shall not be binding upon the recipient, board,
officer, body or agency, nor shall any appeal lie therefrom. Any "report"
used, received or considered by the body, board, officer or agency
rendering a determination or decision shall be made available for
inspection to the applicant and all other parties to any proceeding
upon request, and copies thereof shall be provided at cost of reproduction.
The same meaning as the term "residential district" as used in Act 13. The following Borough zoning districts shall, for the purposes of this Chapter 173 of the Zoning Ordinance, be considered "residential zoning districts":
[Added 6-20-2013 by Ord. No. 900]
|
For the purpose of this chapter, the Borough is hereby divided
into districts which shall be designated as follows:
|
|
Single-Family Residential RS District (See Article IX.)
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|
Single/Double-Family Residential RT District (See Article X.)
|
|
Multifamily Residential RM District (See Article XI.)
|
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Rural Residential RR District (See Article XII.)
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A group of more than eight unrelated handicapped or nonhandicapped
persons living together as a single housekeeping unit in a dwelling
unit and sharing common facilities that provides for on-site medical,
psychological and counseling treatment.
[Added 11-17-1997 by Ord. No. 755]
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, play field, park or swimming pool operated solely by the
agency or group operating the recreational facilities, and for the
convenience of patrons of the facility, shall not be deemed to be
a "restaurant."
As used in this Chapter 173 of the Zoning Ordinance, is intended to have the same meaning as such phrase is used in Act 13, including 58 Pa. C.S.A. § 3304(b)(4).
[Added 6-20-2013 by Ord. No. 900]
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses; generally, the right of one to pass over the property
of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley or however designated.
See "boardinghouse" or "lodging house."
See "antenna, satellite dish."
Any place of instruction in any branch of knowledge, approved
and credited by the Pennsylvania Department of Education.
See "day-care center."
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.
Churches, Sunday schools, parochial schools, colleges and
other institutions of an education, charitable, religious or philanthropic
nature.
A retail commercial area designed as a unit, with adequate
off-street free parking area, and usually consisting of several buildings.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
A device for visual communication that is used to bring the
subject to the attention of the public. Signs do include lettering,
logos, trademarks or other symbols which are an integral part of the
architectural design of a building, which are applied to a building
or which are located elsewhere on the premises, including painted
walls or structures (murals); signs affixed to windows or glass doors
or otherwise internally mounted such that they are obviously intended
to be seen and understood by vehicular or pedestrian traffic outside
the building; flags and insignia of civic, charitable, religious,
fraternal, patriotic or similar organizations; insignia of governments
or government agencies; banners, streamers, pennants, spinners, reflectors,
ribbons, tinsel and similar materials; inflatable objects; a structure
intended for, whether or not displaying actual advertisement, i.e.,
temporary signs on wheels. Signs do not include architectural features
which may be identified with a particular business; signs within a
building which are obviously intended to be seen primarily from within
the building; flags of governments or government agencies; and displays
of merchandise either behind store windows and outdoors.
[Amended 12-9-1996 by Ord. No. 738; 3-23-2017 by Ord. No. 940]
A sign employing actual motion or the illusion of movement by
means of electronics, electrical or electro-mechanical input and/or
illumination capable of simulating movement through employment of
the characteristics of one or both of the classifications noted below:
Flashing - Animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle in which the period
of illumination is either the same as or less than the period of nonillumination.
For the purposes of this chapter, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination
exceeds four seconds.
Patterned illusionary movement - Animated signs or animated
portions of signs whose illumination is characterized by simulated
movement through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion. This shall include streaming
signs.
Environmentally activated: Animated signs or devices motivated
by wind, thermal changes or other natural environmental input. Includes
spinners, pinwheels, pennant strings, and/or other devices or displays
that respond to naturally occurring external motivation.
Mechanically activated: Animated signs characterized by repetitive
motion and/or rotation activated by a mechanical system powered by
electric motors or other mechanically induced means.
BANNERA flexible substrate on which copy or graphics may be displayed.
BANNER SIGNA sign utilizing a banner as its display surface.
BILLBOARDA sign displaying changeable advertising copy which pertains to a business, organization, event, person, place, service or product not principally located or sold in the premises upon which said sign is located.
CANOPY SIGNA sign affixed to visible surface(s) of an attached or freestanding canopy.
CHANGEABLE SIGNA sign with the capability of content change by means of manual or remote input, including signs which are:
Electrically activated: changeable sign whose message copy of
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface. Illumination may be integral to the components,
such as characterized by lamps or other light-emitting devices; or
it may be from an external light source designed to reflect off the
changeable component display.
Manually activated: changeable sign whose message copy or content
can be changed manually.
ELECTRIC SIGNAny sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTERAn electronically activated changeable sign whose variable message capability can be electronically programmed.
FREESTANDING SIGNA sign principally supported by a structure affixed to the ground and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and/or color at all times when in use.
ILLUMINATED SIGNA sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
LED (Light Emitting Diode) SIGNA flat panel display, which uses an array of light-emitting diodes as pixels for light, video or other display.
MURALA picture, decoration or graphic design, usually a very large one, applied directly to an exterior wall or exterior surface, including the roof.
PERSONAL EXPRESSION SIGNSNoncommercial signs regardless of whether they contain political, religious or any other noncommercial message.
REVOLVING SIGNA sign that revolves 360° (6.28 rad) about an axis.
TEMORARY SIGNA sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
WINDOW SIGNA sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any adjoining property.
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as accurately depicting the use, location and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-way, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances, as they may apply.
A small-scale, privately owned energy facility, generating
less than 20 megawatts, with equipment consisting of gas-fired generators,
gas service lines, gas mains and overhead electric lines connecting
to the local power grid for the purpose of generating, transmitting,
delivering or furnishing energy for the commercial production of power.
[Added 7-23-2015 by Ord.
No. 915]
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including solar.
A use permitted in a particular zoning district pursuant
to the provisions of subdivision, land development and zoning. The
board may grant a "special exception" pursuant to express standards
and criteria established in this chapter. Requests for such special
exception shall be decided by the Board after a hearing to determine
compliance with said standards and criteria and after review by the
Planning Commission.
Identical to a special exception.
A structure intended for lease for the sole purpose of storing
household goods, motor vehicles or recreational equipment.
A vehicular, portable structure built on a chassis, designed
to be used for storage and transportation of goods. This definition
shall apply to all such trailers with dimensions in excess of six
feet in width and 19 feet in length.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, the space between such floor and the ceiling
above it. A basement shall be counted as a story if its ceiling is
over six feet above the average level of the finished ground surface
adjoining the exterior walls of such story or if it is used for business
or dwelling purposes.
A story under a gabled, hipped or gambreled roof, of which
the wall plates of at least two opposite exterior walls are not over
three feet above the finished 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 traveled cartway.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the street upon which
a lot fronts, or in its absence the established grade of the 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 street line is the right-of-way line of a public street
or the cartway line of a private street.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
A minor street which is parallel and adjacent to a limited-access
highway or arterial street, which provides access to abutting properties
and protection from through traffic; also known as a "service road."
A street used primarily for access to abutting properties.
The shortest distance between street lines measured at right
angles to the center line of the street.
Any change in the structural members of a building, such
as load-bearing walls, columns, beams or girders.
Any man-made object having ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
See "nonconforming structure."
A building or portion of a building used as a place of work
by an artist, photographer or artisan, or used for radio or television
broadcasting.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school" and other similar expressions.
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.
Any repair, alteration, reconstruction or improvement of
a structure and/or use, the cost of which equals or exceeds 50% of
its market value, either before improvement is started, or, if the
structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration to a structure listed on
the National Register of Historic Places or the State Inventory of
Historic Places.
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509[50]) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed or installed or maintained in
or above the ground, outside any building.
A rooming house primarily for transient guests.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as "travel trailer" by the manufacturer of the trailer and, when factory-equipped for the road, having a body width not exceeding eight feet; being of any length, provided that its gross weight does not exceed 4,500 pounds; or being of any weight, provided that its body length does not exceed 29 feet.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
MOTORIZED HOMESA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
SMALL UTILITY TRAILERAny trailer usually drawn by passenger automobile, used for the occasional transport of personal effects.
OFFICE TRAILER/CONSTRUCTION SITE TRAILERAny trailer used for a temporary office for construction workers at the site of construction or an office trailer used in conjunction with a business.
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate. (Definition amended
by Act of December 14, 1992, P.L. 815, No. 131.)
A facility designed for the dispatching of tractor trailers
and the temporary storage of transportable goods.
A facility designed for dispatching of tractor trailers.
[Added 7-29-2003 by Ord. No. 820]
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation. (58 Pa.C.S.A. § 2301)
[Added 7-23-2015 by Ord.
No. 915]
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The specific purpose for which land or a building is designated,
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.
A certificate issued and enforced by the Zoning Officer upon
completion of the construction of a new building or upon a change
or conversion of the structure or use of a building, which certifies
that all requirements and regulations as provided herein, as well
as all other applicable requirements, have been satisfied.
See "nonconforming use."
The primary or predominant use of any lot.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
The Zoning Hearing Board's authorized departure from the
provisions of this chapter, where the Board finds that such provisions
inflict unnecessary hardship upon an applicant in accordance with
the procedure set forth in this chapter.
Consists of trees, shrubs, flowers, grass, ground or bank
cover or suitable pervious decorative substitute.
Every device in or by which any person or property is or
may be transported or drawn upon a highway.
Any structure, or any building or part thereof, that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
The use of any building, land area or the premises for the
display and sale of new or used automobiles, panel trucks or vans,
trailers or recreational vehicles and including any warranty repair
work and other repair service conducted as an accessory use.
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 or similar motor vehicles.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail, directly from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing and minor repairs.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel or accessories for motor vehicles, and which may include
facilities used for polishing, greasing, washing, dry cleaning, or
otherwise cleaning or servicing such motor vehicles.
A building on a lot, designed and used primarily for the
washing and polishing of vehicles and which may provide accessory
services set forth herein for vehicular service stations.
The dismantling or wrecking of used automobiles, trailers,
or similar vehicles, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
Any structure designed to furnish air and/or power, including
transformation and conversion of said power, to underground coal mines.
A facility that stores water which is transferred by pipe,
vehicle or rail to another off-site location.
[Added 7-23-2015 by Ord.
No. 915]
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
A facility used for treating the water solution used in the
process of hydraulic fracturing in order to extract natural gas from
shale. The treatment facility is where the water solution will be
taken once the process of hydraulic fracturing is done in order to
ensure that the water will be treated properly removing any harmful
chemicals prior to being released back into the earth.
[Added 7-23-2015 by Ord.
No. 915]
A facility immediately adjacent to a river, tributary, or
stream that typically contains a submerged suction line, pumps and
water main that is intended to transfer water from a river, tributary,
or stream by railway or pipeline to a water impoundment and distribution
facility.
[Added 7-23-2015 by Ord.
No. 915]
A bore hole drilled or being drilled for the purpose of or
to be used for producing, extracting or injecting gas, petroleum or
another liquid related to oil or gas production or storage, including
brine disposal, but excluding a bore hole drilled to produce potable
water. The term does not include a bore hole drilled or being drilled
for the purpose of or to be used for:
[Added 7-23-2015 by Ord.
No. 915]
Systems of monitoring, producing or extracting gas from solid
waste disposal facilities, if the bore hole is a well subject to the
act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste
Management Act," which does not penetrate a workable coal seam.
Degasifying coal seams, if the bore hole is:
Used to vent methane to the outside atmosphere from an operating
coal mine; regulated as part of the mining permit under the act of
June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law,"
and the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface
Mining Conservation and Reclamation Act"; and drilled by the operator
of the operating coal mine for the purpose of increased safety; or
Used to vent methane to the outside atmosphere under a federally
funded or state-funded abandoned mine reclamation project.
|
(58 Pa.C.S.A. § 3203)
|
The same meaning as such term is used in Act 13, including
in 58 Pa. C.S.A. § 3304.
[Added 6-20-2013 by Ord. No. 900]
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings
or such projections as are expressly permitted in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line and the nearest point of the foundation wall
or the main building.
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter, and on which is placed (planted) year-round shrubbery, hedges,
evergreens or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district and, in addition
to the natural screen, may include a wall or a gaffle, as provided
for in this chapter.
An open, unoccupied space between the buildings of a dwelling
group or its accessory building and the project boundary or street
line.
An open space extending the full width of the lot between
a primary building and the front lot line.
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings, not a front, side or rear yard.
An open space extending the full width of the lot between
the primary building and the rear lot line.
An open space extending from the front yard to the rear yard,
between a primary building and the nearest lot line.
The designation of specified districts within a community
reserving them for certain uses, together with limitations on lot
size, height of structures and other stipulated requirements.
The written authorization issued by the Zoning Officer for
use of land, buildings or other structures.
The Zoning Hearing Board as appointed by the governing body
in connection with this chapter.
The map or maps containing the zoning districts of Sayre
Borough, Bradford County, Pennsylvania, together with all amendments
subsequently adopted.
A permit stating that the purpose for which a building and/or
structure or land is to be used is in conformity with the uses permitted
and all other requirements under this chapter for the district in
which it is or will be located.
The Zoning Officer or his authorized representative appointed
by the governing body of Sayre Borough, Bradford County, Pennsylvania.
[1]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[2]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[3]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[4]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[5]
Editor’s Note: The former definition of “billboard,”
which immediately followed this definition, was repealed 3-23-2017
by Ord. No. 940. See now the definition of “sign.”
[6]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[8]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[9]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[10]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[11]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[12]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[13]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[14]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[15]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[16]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[17]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[18]
Editor's Note: See Section 909.1 of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended.
[19]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[20]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[22]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[23]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[24]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[25]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[26]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[27]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[28]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[29]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[30]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[31]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[32]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[33]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[34]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[35]
Editor's Note: See Article IV of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended.
[36]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[37]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[38]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[39]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[40]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[41]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[42]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[43]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[44]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[45]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[46]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[47]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[48]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[49]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[50]
Editor's Note: See Section 509 of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended.
[51]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[52]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
[53]
Editor's Note: Refers to the Pennsylvania
Municipalities Planning Code and indicates that this definition was
taken from the same.
