Words and phrases shall be presumed to be used
in their ordinary context unless such word or phrase is defined or
interpreted differently within this chapter.
Unless otherwise expressly stated the following
shall, for the purposes of this chapter, be interpreted in the following
manner:
For the purposes of this chapter, the following
words and phrases shall have the meaning given herein:
Any vehicle that:
A private drive, other than a driveway, which provides for
vehicular access between a street and a parking area, loading area,
drive-in service window or other facility within a land development.
(See "driveway.")
A secondary dwelling unit located on the same lot as the
primary dwelling and designed to house no more than two persons, who
are immediate family members of the owner of the primary dwelling.
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOK STOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale. An establishment in which less than 5% of the occupied sales area offers for sale, for rent or lease, for loan or for view upon the premises such items, as described above, shall not be regulated as an adult regulated facility, provided that the items are kept out of public view and not sold to persons under 18 years of age.
ADULT CABARETAn establishment, club, tavern, restaurant, theatre or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless whether or not the same includes sexual conduct, but shall exclude licensed hospitals, licensed nursing homes, medical offices, clinical offices or other offices and quarters of licensed professional health practitioners.
ADULT THEATREA building, a room within a building or a portion of a building used for presenting motion picture film, video tape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
A change which includes revisions to the zoning text and/or
the Official Zoning Map. The authority for any amendment lies solely
with the Borough Council.
Any establishment or premises maintained for the purpose
of offering animal cosmetological services for profit.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals, such as dogs, cats, rabbits, and birds
or fowl. Boarding of such animals shall be for medical or surgical
treatment only.
The raising and keeping of livestock and poultry with the
intent of producing capital gain or profit or the intent of selling
any livestock or poultry products, excluding "kennels" or "farmettes."
Any landowner, lessee or his authorized agent who submits
plans, data and/or application to the Zoning Officer or other designated
Borough official for the purpose of obtaining approval thereof.
A self-propelled motor vehicle designed for the conveyance
of persons or property requiring a registration plate by the Commonwealth
of Pennsylvania for operation upon public highways; including trucks,
motor homes and motorcycles.
A story having part, but not more than 1/2, of its height
below the average level of the adjoining ground. A basement shall
be considered as a story in determining compliance with building height
restrictions.
A single-family residence or portion thereof containing not
more than four guest rooms, which are used by not more than eight
guests, where rent is paid in money, goods, labor or otherwise.
A building where, for compensation, provisions are made for
lodging and meals for at least three but not more than 15 persons.
(See "rooming house.")
Any structure on a lot having a roof supported by columns
or walls and intended for the shelter, housing or enclosure of persons,
animals or property. (See "structure.")
ACCESSORY BUILDINGA building subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental to the principal building.
ATTACHED BUILDINGA building which has two or more party walls in common.
DETACHED BUILDINGA building which has no party wall.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located.
SEMIDETACHED BUILDINGA building which has only one party wall in common.
The total area taken on a horizontal plane at the mean level
of the ground surrounding the principal building and all accessory
buildings.
The total overall height in feet of a building measured from
the grade level to the highest point of the roof.
A line parallel to the front, side or rear lot line set so
as to provide the required yard.
Establishments which provide food, shelter, personal assistance,
supervision and/or medical or other health-related services for individuals
not in need of hospitalization, but who, because of age, illness,
disease, injury, convalescence or physical or mental infirmity, need
such care.
ADULT DAY-CARE CENTERAny premise in which care is provided to four or more elderly or disabled adults for part of a twenty-four-hour day, excluding care provided by relatives. Care includes personal assistance, the development of skills for daily living and the provision of social contact.
CHILD DAY-CARE CENTER or NURSERY SCHOOLA facility licensed by the State of Pennsylvania that provides a wide range of formal day-care services for remuneration to seven or more children who are supervised by a qualified staff. The child-care areas in a day-care center shall not be used as a family residence.
CONVALESCENT or NURSING HOMEA licensed establishment which provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.
DOMICILIARY CARE HOMEAn existing building or structure designed as a dwelling unit for one family which provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally, emotionally or who are aged persons.
FAMILY DAY-CARE HOMEA facility located in a single-family residence which provides supervised care for remuneration to not more than six children who are not relatives of the caregiver.
GROUP HOMEA type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. A group home shall be directly affiliated with a parent institution which provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff and for supervision of residents by full-time resident staff.
PERSONAL CARE BOARDING HOMEA type of group quarters, specifically a premises in which food, shelter, and personal assistance or supervision are provided, on a state or federal licensed basis, for a period exceeding 24 consecutive hours, for at least four but not more than 16 persons who are over the age of 18, are not relatives of the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.
An accessory structure not totally enclosed which is primarily
designed or used for parking automobiles.
A story 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 number of stories or building height.
Land used or intended to be used for the burial of the deceased,
including columbariums and mausoleums.
A certificate, issued by the Zoning Officer, which permits
the use of a building in accordance with the approved plans and specifications
and certifies compliance with the provisions of law for the use and
occupancy of the land and structure in its several parts, together
with any special stipulations or conditions of the building permit.
Premises or buildings for social, recreational, or administrative
purposes for organizations catering exclusively to members and their
guests which are not conducted for profit, provided there are not
conducted any vending stands, merchandising, or commercial activities
except as required for the membership of such club. Clubs shall include
but not be limited to service and political organizations, labor unions,
as well as social and athletic clubs. Club rooms, grounds, and meeting
halls shall not include those of clubs that are adult-related facilities,
off-track betting parlors, golf courses, shooting ranges, nightclubs,
campgrounds or airports, unless the respective requirements of this
chapter are satisfied.
An area of land in single ownership, to be developed as a
residential community, in which the dimensions of individual lots
may be reduced, but in which common areas are provided so that the
overall density required in the respective zoning district is maintained.
A type of planned residential development (PRD).
An educational facility operated as a gainful business whereby
some form of instruction or training is offered to those enrolled.
The range of curriculums can include all levels of academic instruction,
business and technical programs and artistic, dance, baton-twirling,
and musical training. Commercial schools are principal uses that are
neither home occupations nor day-care operations.
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 the development, not including
streets, off-street parking areas, and areas set aside for public
facilities. Common open space shall be substantially free of structures
but may contain such improvements as are in the development plan as
finally approved and as appropriate for the recreation of residents.
A use which may be appropriate to a particular zoning district, only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Jefferson Borough Planning Commission, in accordance with Article VII of this chapter.
A type of ownership arrangement, not a land use, wherein
parts of a building typically are owned separately by persons and
other parts such as halls, stairs and recreation areas are owned jointly
by such persons. A condominium may be residential, commercial or industrial
in nature.
An establishment of 5,000 square feet or less of gross floor
area, selling a variety of goods, comprised primarily of food and
beverages, generally purchased in small quantities. It is the intention
of this definition not to include small grocery, specialty or gourmet
stores and to include quick service retail establishments which are
characterized by high traffic generation and rapid turnover of customers.
The cultivation of herbs, fruits, flowers and/or vegetables,
excluding the keeping of livestock, as an accessory use to a dwelling.
Crops, gardening is permitted by right in all zones.
The number of dwelling units per acre.
A commercial establishment, including a drive-in eating establishment,
primarily offering stand-up counter, vending machine, window or in-car
service, and/or offering prepared or standardized food for either
on- or off-premises consumption.
A private minor vehicular right-of-way providing access between
a street and a garage, carport or other parking space for a single-family
or two-family dwelling. (See "access drive.")
A building or structure designed for living quarters for
one or more families, including mobile homes; but not including hotels,
rooming houses, convalescent homes or other accommodations used for
transient occupancy.
MULTIFAMILY DWELLINGA building containing three or more dwelling units. All dwelling units are located on the same lot and share with other units a common yard area. (See diagram at the end of this chapter).
SINGLE-FAMILY ATTACHED DWELLINGA portion of a building containing one dwelling unit, and having two party walls in common with other dwelling units. Each dwelling unit is located on a separate lot. (See diagram at the end of this chapter.)
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit and having two side yards. (See diagram at the end of this chapter.)
SINGLE-FAMILY SEMIDETACHED DWELLINGA portion of a building containing one dwelling unit, having one side yard and having one party wall in common with another dwelling unit. Each dwelling unit is located on a separate lot. (See diagram at the end of this chapter.)
TWO-FAMILY DWELLINGA building containing two dwelling units, having two side yards and having one partition in common between the two dwelling units. Both dwelling units are located on the same lot. (See diagram at the end of this chapter.)
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
A public eating place where food is prepared and sold for
either on-premises or off-premises consumption, with no drive-in service.
One or more persons who live in a dwelling unit and maintain
a common household. May consist of a single person or two or more
persons, whether or not related by blood, marriage or adoption. May
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodging or boardinghouse.
Any lot containing a principal building and associated accessory building(s) in which the owners may engage in the keeping of livestock in accordance with § 198-55 as an accessory use to the primary structure.
The sum of the gross horizontal areas of the floors of a
building, excluding cellar, basement and attic floor areas if not
devoted to the principal use. All dimensions shall be measured between
exterior faces of walls.
The sum of the floor areas designed for the tenants' occupancy
and use. It is all that area on which tenants pay rent, including
sales area and integral stock areas.
The sum of the horizontal areas of all rooms used for habitation
such as living room, dining room, kitchen, bathroom or bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, closets, nor unheated areas such as enclosed porches.
Earth-sheltered dwellings, designed as such, shall include the aggregate
or area used for habitation as defined above, whether or not all or
a portion is below ground level.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
A building devoted to the care, embalming, and holding of
services for the deceased, including crematoriums and the sale of
funeral equipment as an accessory activity.
An accessory building for the storage only of one or more
automobiles and/or vehicles accessory and incidental to the primary
use of the premises, provided that no business, occupation or service
is conducted for profit therein.
A use primarily involved in horticulture which includes the
sale of plants grown on the premises and related goods and materials,
as well as the storage of equipment customarily incidental and accessory
to the primary use.
Any dwelling, or portion thereof, which is designed or used
for at least three but not more than eight persons unrelated to each
other or to any family occupying the dwelling unit and having common
eating facilities. Group quarters include, but are not limited to,
fraternity and sorority houses, dormitories and other quarters of
an institutional nature. Such quarters must be associated with a parent
religious, educational, charitable or philanthropic institution.
A room which is intended, arranged or designed to be occupied,
or which is occupied, by one or more guests, but in which no provision
is made for cooking. Residential noncommercial guest rooms shall be
within, or attached to, the principal residence and shall be a part
of the residential utility (sewer, electric, etc.) service line.
A dwelling for the supervision of transitionally institutionalized
individuals who are involved in drug or alcohol rehabilitation and/or
individuals who have violated the law and who are sent to a halfway
house upon release from, or in lieu of being sent to, a penal institution
or juvenile detention center.
The storage, sales, and or service of a movable or transportable
vehicle or other apparatus commonly used in commercial, industrial,
or construction enterprises, including, but not limited to, trucks,
trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts, etc.,
having a gross weight of 2.5 tons or more.
A business or commercial activity other than a no-impact home-based business that is conducted as an accessory use to a principal single-family detached dwelling, as specified in § 198-61.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care, including such establishments
as a sanitarium, sanatorium or preventorium.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, and church-related
schools and day-care facilities.
A brother, sister, son, daughter, stepson, stepdaughter,
grandson, granddaughter, father, mother, grandfather or grandmother
of the landowner.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Areas including, but not limited to, parking areas, driveways, roads,
sidewalks, patios and any similar areas of concrete, brick, bituminous
products, crushed stone or gravel, shall be considered impervious
surfaces for computation of lot coverage.
An activity operated as a gainful business, open to the public,
for the purpose of public recreation or entertainment, including but
not limited to billiard rooms, bowling alleys, motion-picture theaters,
health and fitness clubs, miniature golf courses, etc., when operated
within a completely enclosed building.
Any activity involving manufacturing; processing; packaging;
printing, publishing and binding; production; testing of materials,
goods and products; conversion and assembly; industrial laundries;
repair of large appliances and equipment; including machine shops
and welding shops.
A tract of land:
Organized and laid out in accordance with an
overall plan for a community of industries, including the servicing
of these industries; and
Designed to insure compatibility between the
industrial operations in the park and the surrounding area through
such devices as landscaping, architectural control, setbacks and use
requirements.
Any lot, land or structure, or part thereof, used primarily
for the collection, storage and/or sale of wastepaper, rags, scrap
metal or discarded material, or for the collecting, dismantling, storage
and salvaging of machinery, equipment, junked or inoperable motor
vehicles, and/or for the sale of parts thereof.
Any building or buildings and/or land used for the sheltering,
boarding, breeding or training of four or more dogs, cats, or other
small domestic animals at least four months of age and kept for purposes
of profit, show, hunting or as pets but not to include animals and
fowl raised for agricultural purposes. A kennel operation may include
accessory uses such as animal grooming.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under lease to exercise the rights of the landowner, or
other person having a proprietary interest in land.
Domesticated animals of types that have been traditionally
associated with agriculture or farming, including but not necessarily
limited to the following: horses, donkeys, mules, cattle, sheep, goats,
swine or poultry. Livestock shall not be considered "small domestic
animals" as defined in this chapter.
A livestock equivalent unit is approximately 1,000 pounds
live weight of livestock or equal to the following:
|
Number
|
Livestock Type
|
|---|---|
|
1
|
Horse, steer or heifer
|
|
2
|
Pony or donkey
|
|
4
|
Llama or alpaca
|
|
8
|
Sheep or goat
|
The raising and keeping of livestock, as defined in this
chapter, for any reason beyond what is allowed under the "pet, keeping
of" or "kennel" definitions and beyond what is allowed under the definition
of "crops, gardening."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
CORNER LOTA lot at the junction of, and fronting on, two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. (See diagram at the end of this chapter.)
DOUBLE FRONTAGE LOTA lot extending between and having frontage on two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. (See diagram at the end of this chapter.)
INTERIOR LOTA lot having frontage on one street and adjoined on the sides and rear by other lots. (See diagram at the end of this chapter.)
REVERSE FRONTAGE LOTA lot extending between and having frontage on a minor street and either an arterial or collector street with vehicular access solely from the minor street. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. (See diagram at the end of this chapter.)
TRIPLE FRONTAGE LOTA lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to each street frontage. (See diagram at the end of this chapter.)
The area contained within the property lines of an individual
parcel of land as shown on a land development plan, excluding any
area within a street right-of-way, but including the area of any easement.
A percentage which when multiplied by the lot area will determine
the permitted area that can be covered with an impervious surface
(ex.: buildings, driveways, parking areas and sidewalks).
The lines bounding a lot as described in the recorded title.
Also referred to as "property lines."
The required continuous distance between side lot lines (or
in the case of corner lots, between a front and side lot line) measured
along a single street right-of-way line.
A street or highway designated in the Jefferson Borough Thoroughfare
Plan as an existing or planned arterial or collector street. (See
"Comprehensive Plan.")
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors.
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to persons on an outpatient basis.
A facility providing for the enclosed storage of commercial
business stock or equipment, household items, seasonal equipment and/or
classic or antique automobiles where said items are retained for direct
use by their owner who shall have direct access thereto without intermediate
handling by the proprietor of the facility.
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 group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients, including auto courts, motor
lodges and similar establishments.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
the residential use. The business or commercial activity must satisfy
all of the following requirements:
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 may not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electrical
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 activities.
A use, structure, lot or dimension in conflict with the regulations
of this chapter, (1) existing on the effective date of this chapter,
or (2) existing at any subsequent amendment of this chapter, or (3)
created by variance. Specifically, the following types of nonconformities
are distinguished:
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use or extent of use provisions in this chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
An educational, religious or charitable use which qualifies
as "nonprofit" under section 501-C of the Internal Revenue Service
Code.
A use of open land for leisure time activities, such as a
swimming pool, tennis court, golf driving range, miniature golf, golf
course or drive-in theater.
The owner of record of a parcel of land.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land separated by an existing state
or Borough road shall be considered contiguous.
A public area reserved for natural or artificial landscaping,
which may include recreational facilities and structures.
Any predominately open space area, owned or operated by a
governmental unit, public utility or entity, nonprofit entity and
maintained principally for active or passive outdoor recreation which
is open to the public. A park may include amenities such as ball fields,
tennis courts, trails, rest rooms, picnic tables, cooking grills and
similar facilities. A park shall not include improvements for or permit
motorized recreation, such as go-carts or arcade games, carnival rides
or similar activities.
A building where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An open lot where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or lane.
Personal service businesses shall include barber and beauty
shops; self-service laundry and dry-cleaning establishments; laundromats;
radio and television repair; repair shops for home appliances, tools,
bicycles, guns, locks, shoes and watches; tailor and dressmaking shops
or any other establishment of similar nature providing personalized
service to customers.
The keeping of animals, including but not limited to those
as defined in this chapter under the definition of small domestic
animals, and kept in conjunction as an accessory use to a dwelling
for the pleasure of the resident family. The keeping of pets is permitted
by right in all zones.
A building in which is conducted the principal use of the
lot on which it is located.
Not publicly owned, operated or controlled.
An office which generally operates on an appointment basis.
Business offices shall include advertising agencies, opticians' offices,
personnel agencies, and travel and ticket agencies. Professional offices
shall include offices of accountants, actuaries, architects, attorneys,
clergy, dentists, designers, engineers, insurance and bonding agents,
manufacturing representatives, photographers, physicians, real estate
agents, teachers, and miscellaneous consulting services. Also included
are offices of a governmental agency, social service organization,
Magisterial District Judge, notary, public or private utility or political
organization; or an office of a bank, savings and loan association,
credit or loan company, collection agency, or stock and bond broker.
Owned, operated or controlled by a government agency (federal,
state, county, or municipal — including a corporation created
by law for the performance of certain specialized governmental functions
and the Board of Public Education).
Any building held, used or controlled exclusively for public
purposes by any government agency (federal, state, county, or municipal)
without reference to the ownership of the building or of the realty
upon which it is situated.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as reenacted and amended.[1]
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq., 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.
A municipal sanitary sewer system, or a comparable common
or package sanitary facility, approved and permitted by the Pennsylvania
Department of Environmental Protection.
A municipal water supply system, or a comparable common water
facility, approved and permitted by the Pennsylvania Department of
Environmental Protection.
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or temporary living purposes. A recreational
vehicle shall include trailer, travel trailer, camper, snowmobile,
golf cart, three- or four-wheel all-terrain vehicle, trail/dirt bike,
boat, airplane or other similar vehicle.
An administrative, engineering, scientific research,
design, or experimentation facility;
Includes research on such things as electronic
components, optical equipment, etc., but not research requiring the
use of animal husbandry (including dogs, poultry, or monkeys), or
heavy equipment (such as construction equipment); and
Shall be free of dust, smoke, fumes, odors,
or unusual vibrations or noise.
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio, television and sound equipment,
sporting and camping goods, stationery, tobacco, toys and wearing
apparel. The wholesale distribution or manufacture of the foregoing
products are not included herein and are permitted only as provided
in other appropriate sections of this chapter. Among the uses not
to be interpreted as a retail store or business are uses specifically
provided for elsewhere in this chapter, including, but not limited
to, a service station, vehicular sales and/or rental facility, eating
establishment, tavern, adult regulated facility, hotel or motel, business
service and heavy storage sales facility.
A right of passage across land occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, shade
trees, or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
A residential building, other than a hotel, containing not
more than one dwelling unit where lodging is provided with or without
meals for compensation, for at least three, but not more than 15,
persons in addition to the family unit. No medical or personal care
is provided to roomers by the operators of the facility. (See "boardinghouse.")
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
Evergreen and/or deciduous trees and bushes of sufficient
height and density to conceal from the view of property owners in
adjoining zones, or on adjoining lots, the structures and uses on
the premises on which the screen planting is located.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sales of motor vehicle
accessories at retail only, but not including major repairing, body
and fender work, painting, vehicular sales or rental or automatic
car washes.
The horizontal distance between a structure and a property
or street line.
FRONT SETBACKThe required distance between a street right-of-way line (regardless whether the same is also a front, side or rear lot line) and the front setback line projected the full width of the lot. (See diagrams at the end of the chapter.)
REAR SETBACKThe required distance between the rear lot line, unless such line is also a street line, and the rear setback line projected the full width of the lot. (See diagrams at the end of the chapter.)
SIDE SETBACKThe required distance between the side lot line, unless such line is also a street line, and the side setback line projected from the front setback line to the opposite setback line. However, in the case of corner lots, the second side setback shall be the required distance between the rear lot line and the side setback line projected from the side lot line to the opposite front setback line. (See diagrams at the end of the chapter.)
A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
Ultimate sexual acts, normal or perverted, actual or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
analingus or physical contact, including fondling or other erotic
touching, with a person's nude or partially denuded genitals, pubic
area, perineum, anal region, or, if such person be female, a breast.
An artificial human penis, vagina or anus, or other device
primarily designed to stimulate or manipulate the human genitals,
pubic area, perineum or anal area, including dildos, penisators, vibrators,
vibrillators, penis rings and erection enlargement or prolonging creams,
jellies or other such chemicals or preparations.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernible turgid state; the postpubertal,
full or partially developed human female breast with less than opaque
covering of a portion thereof below the top of the areola or nipple.
A group of stores planned and designed to function as a unit
for the site on which it is located with off-street parking and landscaping
provided as an integral part of the unit.
Any surface, fabric, device or structure (including billboards
or poster panel) bearing lettered, pictorial or sculptured matter
designed for visual communication and used for the purpose of bringing
the subject thereof to the attention of the public, but not including
lettering or symbols that are an integral part of another structure;
or any flag, badge, or other insignia of any government, government
agency or of any civic, charitable, religious, fraternal or similar
organization.
ADVERTISING SIGNA sign whose major purpose is for directing attention to a business commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
ATTACHED SIGNA sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
BUSINESS SIGNA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
DIRECTIONAL SIGNA sign which directs people to: a community; an event of public interest; public uses and buildings; uses and buildings of service and charitable organizations; and uses and buildings of commercial nature, provided that no advertising matter other than identifying name or symbol shall be contained on signs of this type.
FREESTANDING SIGNA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
MONUMENT SIGNAn outside sign identifying a development, businesses, services, or homes (such as a shopping area or housing development) made of brick, masonry or stone, the bottom of which is attached directly and permanently to the ground and physically separated from any other structure.
PERMANENT SIGNA sign permanently attached or applied to a building or structure or permanently anchored into the ground and which cannot easily be moved. Permanent signs may have either permanent or replaceable lettering.
PORTABLE SIGNA temporary sign, of any materials, with or without changeable type lettering, illuminated or nonilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground, often referred to as a "mobile sign."
PROJECTING SIGNA sign which is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.
SIDEWALK SIGNAny "A" frame, inverted "V" shaped or similar structure resting on the ground with no permanent attachment and used for display as a temporary commercial business sign.
TEMPORARY SIGNA sign which is anchored to the ground or attached to a building or structure with weights, cables, pins, braces or stakes and which can easily be moved. Temporary signs are displayed for a limited period of time.
Domesticated animals of types that are normally considered
to be kept in conjunction with a dwelling for the pleasure of the
resident family. This shall include dogs, cats, rabbits, small birds,
gerbils and other animals commonly available in local retail pet stores.
Small domestic pets shall not include farm animals, horses, or any
animal or bird for which a permit is required under the Pennsylvania
Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the
regulations of the Pennsylvania Game Commission.
Any establishment for the disposal or storage of solid waste
material, including garbage, refuse and other discarded materials,
including, but not limited to, solid and liquid waste materials, resulting
from municipal, industrial, commercial, agricultural and residential
activities. Such wastes shall not include biological excrements or
hazardous waste materials as defined in the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act 101 of 1988,[2] and 25 PA Code Chapter 273, as amended, supplemented or
revised.
The granting of the right to use land as authorized by the
Zoning Hearing Board under the terms, procedures and conditions prescribed
herein.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between any floor
and the ceiling next above it.
HALF STORYA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.
A public or private way, excluding driveways and access drives,
which affords the principal means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other dedicated and accepted public right-of-way
or private right-of-way.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Commonly known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
driveways, walkways, parking areas, and stormwater management facilities,
including but not limited to detention basins, drainage structures,
spillways, and seepage beds. All structures must meet setback requirements.
(See "building.")
ACCESSORY STRUCTUREA subordinate structure or a portion of the principal building or structure on a lot, the use of which is customarily incidental to that of the principal building or structure.
Any pool or open tank containing, or normally capable of
containing, water to a depth at any point greater than 1 1/2 feet.
Farm ponds and/or lakes are not included, provided that swimming was
not the primary purpose for their construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
An area of land which may comprise the entire area or subpart
of a parcel. Individual tracts within a parcel of land shall not constitute
separate lots for the purpose of construction, permitting, or for
the purposes of this chapter. Such tracts contained within parcels
shall be considered descriptive only.
Any property that is the origin and/or destination point
of short- and long-distance hauling and/or is used for the purpose
of storing, transferring, loading, and unloading in addition to truck
parking.
A two-family dwelling constructed by converting an existing
building into two dwelling units, without substantially altering the
exterior of the building.
The specific purpose for which land, a building or a structure
is designed, arranged, intended, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
PRINCIPAL USEThe main or primary use of property, buildings or structures. Only one use permitted by right or by special exception shall be permitted as a principal use on an individual lot except as provided in §§ 198-15E and 198-16F of this chapter. For example, only one single-family dwelling, one commercial establishment or one industrial establishment shall be permitted on an individual lot.
Any closely regulated agency which, under public franchise
or ownership, or under certificate of convenience and necessity, provides
the public with electricity, gas, heat, steam, communication, rail
transportation, water, sewage collection, or other similar service.
A small building having a floor area not exceeding 120 square
feet, and a height of not more than 10 feet, intended primarily for
the storage of yard and garden equipment, bicycles and miscellaneous
household items incidental to a residence. Such buildings shall not
be used to house an automobile, and no access to such buildings shall
face a street right-of-way.
The permission, granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of the zoning regulations
of this chapter which, if strictly adhered to, would result in an
unnecessary hardship, and where the permission granted would not be
contrary to the public interest and would maintain the spirit and
intent of this chapter.
An open lot for the outdoor display of new or used automobiles,
recreational vehicles and similar vehicles when accessory to a vehicle
sales, rental or display building.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, servicing, or supplying of gasoline
or oil to automobiles, recreational vehicles and similar vehicles.
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services related to washing and polishing.
A structure to be used for storage only of equipment and
merchandise.
A business devoted to the sale of commodities in quantity
chiefly to retailers, other merchants, or industrial, institutional
and commercial users mainly for resale or business use. Such commodities
shall be limited to durable goods, sundries, dry goods and nonperishable
items.
A device which converts wind energy to mechanical or electrical
energy.
The prescribed open area on a lot, unobstructed from the ground upward, except as modified in § 198-18 of this chapter.
FRONT YARDAn area bounded by the street right-of-way line(s), front wall of the principal building and side lot line(s). (See diagrams at the end of the chapter.)
REAR YARDAn area bounded by the rear lot line (and street right-of-way line in the case of double frontage, reverse frontage or triple frontage lots), rear wall of the principal building and side lot lines. (See diagrams at the end of the chapter.)
SIDE YARDAn area bounded by a side lot line and the front, rear and/or side walls of the principal building. (See diagrams at the end of the chapter.)
