Certain words used in this chapter are defined below. Words used in
the present tense shall include the future. The singular number shall include
the plural, and the plural the singular. The word "shall" is mandatory and
not permissive. The masculine defines both the male and female genders.
ACCESSORY STRUCTURE
A structure subordinate to the main building on the same lot and
used for purposes customarily incidental to those of the main building.
ACCESSORY USES
A subordinate use which is clearly incidental and related to that
of a main structure or main use of the land.
AMERICANS WITH DISABILITIES ACT (ADA)
A federal law (P.L. 101-336, July 26, 1990) designed to bring disabled
Americans into the economic mainstream by providing them equal access to jobs,
transportation, public facilities, and services as amended hereafter.
APARTMENT, GARDEN
One or more two- or three-story, multifamily structures generally
built at a gross density of 10 to 15 dwelling units per acre with each structure
containing eight to 20 dwelling units and including off-street parking, open
space, and recreation.
APARTMENT, UNIT
One or more dwellings with private bath and kitchen facilities comprising
an independent self-contained dwelling unit in a building that contains over
three dwelling units or a commercial establishment of the first or second
floor.
APPLICANT
A landowner or developer, as herein defined, who has filed an application
for development including his heirs, successors, and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required
to be filed and approved prior to the 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.
APPOINTING AUTHORITY
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.
AREA
Area of a lot or site shall be calculated from dimensions derived
by horizontal projection of the site. This area is exclusive of street rights-of-way
and easements.
AUTHORITY
A body politic and corporate created pursuant to the act of May 2,
1945 (P.L. 382, No. 164), known as the "Pennsylvania Municipality Authorities
Act."
AUTOMOBILE REPAIR
Engine rebuilding or reconditioning work on damaged motor vehicles
or trailers; collision service, including body, frame or fender straightening
or repair; overall painting of vehicles, incidental repairs; replacement of
parts; motor service to automobiles; state inspection.
AUTOMOBILE SALES
The use of any building, land area, or other premises for the display
and sale of new or used automobiles, generally, but may include light trucks
or vans, trailers, or recreational vehicles and including any vehicle preparation
or repair work conducted as an accessory use.
AUTOMOBILE SERVICE STATION
Any building, land area, or other premises, or portion thereof, used
for the retail dispensing or sales of vehicular fuels; servicing and repair
of automobiles; and including as an accessory use the sale and installation
of lubricants, tires, batteries, and similar vehicle accessories.
BANK
A place where general commerce, loans, exchange or issuance of money
is conducted to the public.
BAR
Premises used primarily for the sale or dispensing of alcoholic beverages
by the drink for on-site consumption and where food may be available for consumption
on the premises as accessory to the principal use.
BASEMENT
A story underground. 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 five feet or more or if the
basement is used for business or dwelling purposes.
BED-AND-BREAKFAST
Overnight accommodations and a morning meal in a dwelling unit provided
to transients for compensation. Bed-and-breakfast differs from rooming and
boarding houses in that they are truly transient accommodations, with guest
rarely staying for more than a few days. In addition, the management must
live at the facility. The impact of a bed-and-breakfast shall not be detrimental
to the adjoining properties. The dwelling unit shall remain as a single-family
structure in nature with a few more guests. The number of rooms to be rented
out shall not exceed three per night; meals must be limited to breakfast for
overnight guests.
BOARD
Any body granted jurisdiction under a land use ordinance or under
this chapter to render final adjudications.
BUFFER AREA
A strip of land which is planted and maintained with shrubs, bushes,
trees, grass, or other landscaping material and within which no structure
is permitted, except a wall or fence. This may include open spaces, landscaped
areas, fences, walls, berms, or any combination thereof used to physically
separate or screen one use or property from another to visually shield or
block noise, lights, or other nuisances. Buffers are to be maintained by the
property owner or homeowners' association.
BUILDABLE AREA
The areas of a lot remaining after the minimum yard and open (bulk
and area) space requirements of this chapter have been met.
BUILDING
Any structure having a roof supported by columns or walls, pavilions,
gazebos, housing, or enclosures for any individual, animal, process, equipment,
goods or materials of any kind.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas of all
buildings on a lot above the ground level, measured at the greatest outside
dimensions, excluding cornices, eaves, gutters or chimneys projecting not
more than 18 inches, bay windows not extending through more than one story
and not projecting more than five feet, one-story open porches projecting
not more than 10 feet, steps, and balconies.
BUILDING CODE
The local building code, as adopted by the municipal governing body.
Where a local building code has not been adopted or is silent, the standards
of the Uniform Construction Code (UCC [Act 45] /ICC) shall be applied.
BUILDING HEIGHT
The vertical distance from finished grade to the top of the highest
roof beams on a flat or shed roof, the deck level on a mansard roof, and the
average distance between the eaves and the ridge level for gable, hip, and
gambrel roofs. The building height limit begins at the grade of the building.
BUILDING INSPECTOR
The individual designated by the appointing authority to enforce
the provisions of the building code.
BUILDING LINE
A line parallel to the street line, touching that part of a building
closest to the street.
BUILDING PERMIT
A document issued by the Zoning Officer prior to the completion of
construction of a structure or, with respect to industrial or commercial uses
or structures, a change in use of a structure or parcel of land or change
of occupancy of a structure.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on
which it is located.
BUILDING SCALE
The relationship of a particular building, in terms of building mass,
to other nearby and adjacent buildings. There are specific regulations regarding
Downtown Commercial Districts (DC) and Transitional Zone (TZ) and certain
conditional uses within Brookville Borough.
BUILDING SETBACK LINE
The line within a property defining the required minimum distance
between any building and the adjacent road rights-of-way or property line.
This includes sun parlors, front and covered porches, whether enclosed or
unenclosed (open), but does not include walks, steps, paved areas, open porches,
or terraces.
A.
FRONT SETBACK LINEThe line nearest the front of and across a lot (lot line to lot line) establishing the minimum open space to be provided between the front line of buildings and structures and the nearest rights-of-way line.
B.
SIDE SETBACK LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
C.
REAR SETBACK LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
BULK REGULATIONS
Standards and controls that establish the maximum size of buildings
and structures on a lot and the buildable area within which the building can
be located, including gross lot coverage, setbacks, height, floor area ratio,
and yard requirements.
BUSINESS SERVICES
A commercial establishment principally providing services to individuals
and other businesses.
CEMETERIES
Properties used for interring the dead.
CHURCH
A building or structure, or groups of buildings or structures, that
by design and construction are primarily intended (over 10% of gross floor
area) for conducting organized religious services. This does not include child
or adult day-care or schools.
CLINIC
Any establishment, licensed in the Commonwealth of Pennsylvania,
where human patients are examined and treated by doctors or any other medical
personnel but not hospitalized overnight. (See "licensed care facilities.")
CODE OFFICER
The individual or outside contractor assigned by the Borough to enforce
the provisions of the building code.
COMMERCIAL RECREATION
A privately owned facility operated for use by the general public
and providing recreational facilities for a fee.
COMMERCIAL USE
A privately owned facility operated for use by the general public
for a profit to the owner.
COMMERCIAL VEHICLE
A motor vehicle that has a gross vehicle weight of greater than 6,000
pounds and is primarily used for business purposes, including but not limited
to making service calls, transportation equipment used in a business or in
accomplishing physical work as a part of a business (such as hauling of materials).
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, 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.
COMMUNICATIONS ANTENNA OR ANTENNAS
Any device used for the transmission or reception of radio, television,
cellular telephone, pager, or tower, cellular towers with attachments thereto,
commercial mobile radio service, or any other wireless communications signals
(such as the Internet) owned or operated by any person or entity licensed
by the Federal Communications Commission (FCC) to operate such device, including
but not limited to whip antennas, panel antennas and microwave dishes, but
not including supporting structures. (Not to be visible from street level
in the Historic Overlay District.)
COMMUNICATIONS FACILITIES
Any communications tower and its associated structures operated by
any person, agency or corporation not otherwise a public utility regulated
by the Pennsylvania Public Utility Commission, who or which furnishes mobile
domestic cellular radio telecommunications services, or other communications
services, including commercial radio and television, of any type for public
or private use.
COMPREHENSIVE PLAN
A comprehensive, long-range plan intended to guide the growth and
development of a community or region that typically includes inventory and
analytic sections leading to recommendations for the community's future
development of housing, recreation and open space, transportation, community
facilities, and land use related to the community's goals and objectives
for these elements.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions
of this Zoning Ordinance.
CONFERENCE CENTERS
A facility primarily used for business or professional conferences
and seminars with or without overnight accommodations, dining, and recreational
amenities included.
CONSISTENCY
An agreement or correspondence between matters being compared, which
denotes a reasonable, rational, or similar connection or relationship.
CORNER LOT
A lot or parcel of land abutting upon two or more streets at their
intersection.
COUNTRY CLUB
Land area and buildings containing golf courses, recreational facilities,
a clubhouse, and customary accessory uses open only to members and their guests.
COUNTY
Any county of the second through eighth class.
COUNTY COMPREHENSIVE PLAN
A land use and growth management plan prepared by the Jefferson County
Planning Commission and adopted by the Jefferson County Commissioners, which
establishes broad goals and criteria for municipalities to use in preparation
of their comprehensive plan and land use regulations.
DECISION
Final adjudication of any board or other body having jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning Code
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 the jurisdictional district wherein the
municipality lies.
DENSITY
The number of families, individuals, dwelling units, households,
or housing per unit of land.
DETERMINATION
A.
Final action by an officer, bodies, or agency charged with the administration
of any land use ordinance or applications hereunder, except the following.
(1)
The Planning Commission of Brookville Borough.
(2)
The Zoning Hearing Board of Brookville Borough.
(3)
The Council of the Borough of Brookville.
B.
Determinations shall be appealable only to the board designated as having
jurisdiction for such appeal.
DEVELOPER
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.
DEVELOPMENT PLAN
The provisions for development, including a planned residential development,
a plat of subdivisions, all covenants related 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 for the development plan," when used in this chapter,
shall mean the written and graphic materials referred to in this definition.
DRIVE-IN RESTAURANT
A fast food restaurant characterized by a limited menu, primarily
catering to drive-in traffic.
DWELLING
Any structure designed or used as the living quarters for one or
more families.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary facilities
for one person or one family.
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas no higher than six feet with the finished side facing out. (See Article
V, §
230-56).
FLOODPLAIN
Any land area susceptible to inundation by water from any natural
source or those areas identified as being within a flood hazard area in the
Flood Insurance Study and accompanying maps prepared for the Borough by the
Federal Emergency Management Agency (FEMA), Federal Insurance Administration.
Also included are areas that comprise Group 13 soils, as listed in Appendix
A of the Pennsylvania Department of Environmental Protection Technical Manual
for Sewage Enforcement Officers, as amended.
FLOODWAY
The channel of the watercourse and those portions of the adjoining
floodplains which are reasonable to carry and discharge the one-hundred-year
frequency flood. Unless otherwise specified, the boundary of the floodway
is as indicated on maps or flood insurance studies provided by FEMA. In an
area where no FEMA maps or studies have been defined, the boundary of the
one-hundred-year frequency floodway, it is assumed, absent evidence to the
contrary, that the floodway extends from the stream to 50 feet from the top
of the bank of the stream.
FLOOR AREA
In a dwelling, the sum of the horizontal areas of all rooms used
for habitation, but not including cellars, attics, unheated rooms, or rooms
without either a skylight or window. In a store, shop, restaurant, club, or
funeral home, the sum of the horizontal areas of all space to which the customer
has access and excluding storage, office, other preparation, or administrative
spaces.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and loading,
and all floors below the first or ground floor except when used or intended
to be used for human habitation or service to the public.
FLOOR AREA RATIO
The ratio obtained when the total lot area divides the gross floor
area minus excluded areas. The floor area ratio excludes driveways, yard setbacks,
and rights-of-way.
FLOOR, GROSS
Gross floor area is the sum of the horizontal area of all floors
of a structure and its accessory buildings as measured between the exterior
faces of walls.
FORESTRY
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.
FUNERAL HOME
A building used for the preparation of the deceased for burial and
the display of the deceased and rituals connected therewith before burial
or cremation.
GARDEN APARTMENT
A multiple family residential structure containing three or more
dwelling units having a height no greater than three stories.
GENERAL CONSISTENCY
That which exhibits consistency as well as neighborhood and zoning
district consistency.
GOVERNING BODY
The council in cities, boroughs and incorporated towns; board of
supervisors in townships of the first class; the board of commissioners of
townships of the second class; the board of commissioners in counties of the
second through eighth class or as may be designated in the law providing for
the form of government.
HEARING
An administrative proceeding conducted by a board pursuant to Article
IX, Section 909, § 909.1 Pennsylvania Municipalities Planning Code.
HOTEL
A structure or structures designed for occupancy primarily as the
temporary abiding place of individuals who are lodged with or without meals,
including auto courts, motels, motor hotels, motor lodges, tourist courts
and the like in which structure or group of structures there are more than
six living or sleeping room units; all of the area devoted to residential
use is in living or sleeping units, each with a private bathroom and none
with cooking facilities, except for quarters for the resident manager or proprietor;
the major portion of the floor area is devoted to living quarters, but incidental
business may be conducted; and there may be meeting rooms, common dining facilities,
swimming pools, tennis and similar ancillary recreational uses, as accessory
uses or structures incidental to the hotel operation.
HOUSEHOLD
Either an individual, or two or more persons related by blood or
marriage or adoption, or a group of not more than four persons not so related
occupying a premises and living as a single housekeeping unit as distinguished
from a group occupying a boardinghouse, lodging house, club, or hotel.
KENNEL
A commercial establishment in which dogs or domesticated animals
are housed, groomed, bred, boarded, trained, or sold for a fee or compensation.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one 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.
B.
The division or allocation of land or space, whether proposed 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.
D.
Development in accordance with Article
III of this chapter.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder
of an option or contract to purchase (whether or not such an 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.
LICENSED CARE FACILITY
A facility operated pursuant to a license issued by the Commonwealth
of Pennsylvania for a nursing home, intermediate unit, personal care, assisted
living, or any similar care facility, including a hospital or child-care center.
LIGHT MANUFACTURING
The assembly, processing and fabrication of certain materials and
products where no process involved will produce noise, vibration, air pollution,
fire hazard or noxious emission which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the production
of the following goods: home appliances, electrical instruments, office machines,
precision instruments, electronic devices, timepieces, jewelry, optical goods,
musical instruments, novelties, wood products, printed material, lithographic
plates, type composition, machine tools, dies and gauges, ceramics, apparel,
lightweight nonferrous metal casings, film processing, light sheet metal products,
plastic goods, pharmaceutical and medical goods, computer and similar high
technology operations, and food products, but not animal slaughtering, curing,
or rendering of fats.
LOT
A designated parcel, tract, or area of land established by an officially
recorded plat, subdivision, or as otherwise permitted by law to be separately
owned, used, developed, or built upon as a unit.
LOT COVERAGE
The portion of a lot covered by buildings, accessory structures,
and impervious surfaces.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot lines.
LOT, MINIMUM AREA OF
The horizontally projected area of a lot computed exclusive of any
portion of the rights-of-way of any public thoroughfare.
LOT OF RECORD
Any lot which, individually or as a part of a subdivision, has been
recorded in the Office of the Register and Recorder of Deeds of Jefferson
County.
LOT, WIDTH
The mean width measured at right angles to its depth.
MANUFACTURING
The processing and fabrication of any article, substance, or commodity.
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually
select a neutral mediator to assist them in jointly exploring their differences,
culminating, if possible, in a written agreement, which the parties themselves
create and consider acceptable.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy,
contained in one unit or two or more units designed to be joined into one
integral unit capable of again being separated for repeated towing, which
arrives at the 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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MOTEL
An establishment providing sleeping accommodations with the majority
of the rooms having direct access to the parking areas without direct access
to the main lobby.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the act of May 2,
1945 (P.L. 382, No. 164), known as the "Pennsylvania Municipality Authorities
Act of 1945."
MUNICIPAL ENGINEER
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.
MUNICIPALITY
Any city of the second class A or third class, borough, incorporated
town, township of the first or second class, county of the second through
eighth class, home rule municipality, or any similar general purpose unit
of government which shall hereafter be created by the General Assembly.
NET AREA OF LOT (NET ACREAGE)
The area of the lot excluding those environmental performance standards
of this chapter, as well as those of appropriate outside agencies and historic
features or areas that the development ordinance will allow to be excluded
from the calculations.
NO-IMPACT HOME-BASED BUSINESS
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:
A.
An annual fee and inspection is required. The fee is declared, by resolution,
within the minutes of the Brookville Borough Council;
B.
The business activity shall be compatible with the residential use of
the property and the surrounding residential uses;
C.
The business shall employ no more than one employee other than family
members residing in the dwelling;
D.
There shall be no display and no exterior stockpiling or inventory;
E.
There shall be no outside appearance of a business use, including but
not limited to parking, signs, or lights;
F.
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;
G.
The business activity may not generate any solid waste or sewage discharge
in volume or type that is not normally associated with residential use in
the neighborhood; and
H.
The business activity shall be conducted only within the dwelling and
may not occupy more than 25% of the habitable floor area.
NOISE POLLUTION
Continuous or episodic excessive noise in the human environment. (See Article
VIII.)
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption
or amendment of this chapter, but that fails to conform to the requirements
of the zoning district in which it is located by reasons of such adoption
or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply
with the applicable use or extent of use provisions in this chapter or amendment
heretofore or hereinafter 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 buildings.
NONCONFORMING USE
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. (A use or
activity that was lawful prior to the adoption, revision or amendment of the
Zoning Ordinance but that fails by reason of such adoption, revision, or amendment
to conform to the present requirements of the zoning district.)
OCCUPANCY PERMIT
A document issued by the Zoning Officer upon completion of the construction
of a structure, or with respect to industrial or commercial uses or structures,
a change in use of a structure or parcel of land, or change of occupancy of
a structure and indicating that the use and structure are in compliance with
the ordinances of the Township having jurisdiction over the location of such
use or structure that, where applicable, all conditions attached to the granting
of the building permit have been met, and that the structure and land may
be occupied and used for the purposes set forth in the building permit.
OFFICE
A building used primarily for conducting the affairs of a business,
professional service industry, government or similar activity, and which may
include ancillary services for office workers, such as restaurants, drug stores,
dry cleaners, (licensed) child-care facilities, coffee shops, etc.
OFFICE PARK
A development on a tract of land that contains a number of separate
office buildings, accessory and supporting uses, and open space, designed,
planned, constructed and managed on an integrated and coordinated basis.
OFFICIAL MAP
A map adopted pursuant to Article
IV of the Pennsylvania Municipalities Planning Code.
OPEN SPACE, COMMON
A parcel or parcels of land, an area of water, or a combination of
land and water within a development site, 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.
PARKING AREA, PUBLIC
A parking area available to the public, with or without payment of
a fee. This may include a building or structure consisting of one or more
levels used to store motor vehicles. These structures may be no more than
two stories in the Downtown Commercial and Transitional Zoning Districts.
PERSONAL SERVICES
A commercial establishment providing such personal services as hairdressing
and cutting, clothes cleaning, certified public accountants, lawyers, laundering,
shoe repair, tailor shops, etc.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
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, use, density, intensity, lot coverage, and required open
space to the regulations established in any one district, from time to time,
under the provisions of this chapter.
PLANNING AGENCY
A planning commission, planning department, or a planning committee
of the governing body. The Planning Commission of Brookville Borough is the
recommending body serving as the local planning agency.
PLAT
The map or plan of a subdivision or land development, whether preliminary
or final.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources, shall
include means to conserve and safeguard these resources from wasteful or destructive
use, but shall not be interpreted to authorize the unreasonable restriction
of forestry, mining, or other lawful uses of such resources.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths, pools, and other recreation areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal and other publicly
owned or operated facilities.
C.
Municipal facilities such as buildings, satellite locations, and emergency
service providers.
D.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment, prior
to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7, relating
to open meetings.
PUBLIC NOTICE
A 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 while
the second publication shall not be less than seven days from the date of
the hearing.
PUBLIC SCHOOL
A school established by the Brookville Area School District and open
to the public.
PUBLIC USE
Any use(s) that is a public ground(s) or public utility(ies).
PUBLIC UTILITY
A closely regulated enterprise with a franchise for providing to
the public a utility service deemed necessary for the public health, safety,
and public welfare, including utility substations.
RECREATION CLUB
A noncommercial facility operated by and for its members, providing
recreational facilities for the use of members and their guests.
RECREATION VEHICLE
A vehicle-type portable structure without permanent foundation that
can be towed, hauled, or driven and is primarily designed as a temporary living
accommodation for recreational and camping purposes.
RENEWABLE ENERGY SOURCE
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,
solar and wind energy and hydroelectric energy, excluding those sources of
energy used in the fission and fusion processes.
REPORT
Any letter, review, memorandum, compilation or similar narrative
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 there. 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 production.
RESEARCH LABORATORY
A facility for applied research conducted within an enclosed structure
where no goods are produced in quantity.
RESTAURANT
An establishment where food and drink are prepared, served, and consumed
primarily within the principal building.
RETAIL SALES
Establishments engaged in the selling of goods or merchandise to
the general public for personal, family, or household consumption.
SATELLITE ANTENNA
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit.
SCHOOL
Any building or part thereof which is designed, constructed, or used
for education or instruction in any branch or knowledge.
SCHOOL CONVERSION
The adaptive reuse for housing, offices, research facility, community
center, library, or similar low-intensity use of a school or other public
building or facility, which is no longer suitable or necessary for its originally
intended use.
SCHOOL DISTRICT
A district that serves as a unit for commonwealth financing and administration
of grades kindergarten through 12th (Brookville Area School District).
SCREENING
Screening relative to this chapter shall mean a fence or barrier (living or inanimate), evergreen hedge, or wall at least six feet high provided in such a way that it would block a line of sight. The screening may consist of: one or several rows of bushes or trees, a constructed fence or wall as a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening requirements may be found in Article
V of this chapter.
SEASONAL USE
A use carried on for only a part of the year, such as outdoor golfing,
concession stands, swimming during the summer months or activities during
the winter months.
SEAT
A fixed seat in a theater, auditorium, or meeting room, or 24 lineal
inches of an installed bench or pew, or in the absence of these, six square
feet of floor space in the seating area.
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual, and private storage
spaces of varying sizes, leased or rented on individual leases for varying
periods of time.
SETBACK
An area measured from the boundary lines of a lot in which no structure
may be constructed or erected.
SETBACK
The distance between the building and any lot line.
SETBACK, FRONT
The distance separating a lot from a street rights-of-way.
SETBACK LINE
The line that is the minimum distance required from any lot line
that establishes the area within which the principal structure must be erected
or located.
SETBACK, REAR
The line opposite and most distant from the front lot line or, in
the case of a triangular or otherwise irregularly shaped lots, a line of a
certain amount of feet in length (based on the zoning district), entirely
within the lot, parallel to and at a maximum distance from the front lot line.
SIGN
Sign definitions are in Article
X, §
230-97 of this chapter. (See Article
X of this chapter.)
SINGLE-FAMILY DETACHED DWELLING
A building containing one dwelling unit not attached in any way to
any other dwelling units and surrounded by open space or yards.
SINGLE-FAMILY SEMIDETACHED DWELLING
A building containing one or more single-family dwelling units attached
to any other dwelling units by a common vertical wall located on a separate
lot.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and of this chapter.
SPECIFIC PLAN
A detailed plan for nonresidential development of an area covered
by a municipal or multimunicipal comprehensive plan which, when approved and
adopted by the participating municipalities through ordinances and agreements,
supersedes all other applications.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, and any other ways used or intended to be used for vehicular
traffic or pedestrians, whether public or private.
STRUCTURE
Any manufactured object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
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, easement of access, or any residential dwelling
shall be exempted.
SUPPLY YARD
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed, grain, and similar
goods. Supply yards do not include the wrecking, salvaging, dismantling, or
storage of automobiles and similar vehicles.
SWIMMING POOL, PRIVATE
A water-filled enclosure permanently constructed or portable, having
a depth of more than 18 inches below the level of the surrounding land, or
an above-surface pool having a depth of more than 30 inches, designed, used,
and maintained for swimming.
TANK TERMINAL
Any facility storing for transshipment or distribution any fuel or
other chemicals, whether as a liquid, gas, or solid in tanks or other receptacles,
in quantities greater than 500 gallons, 2,000 cubic feet, or 20 tons.
TOWER SITE
Any lot or parcel on which a communications facility, a water tower,
windmill, or other similar use (used for electric power in green building
design), as defined in this chapter, is located or proposed to be located.
TOWNHOUSE
One of a group of dwelling units attached to each other by "party"
or common walls where each dwelling unit has separate access to front and
rear yards.
TRACTOR OF A TRACTOR-TRAILER
A truck with a minimum of two axles that is used primarily to pull
a trailer, as defined below, and not primarily intended to carry goods itself.
TRAILER OF A TRACTOR-TRAILER
A commercial vehicle with a length of 20 feet or more that is not
self-propelled, that is intended to haul materials, vehicles, goods, gases
or liquids, that is intended to be pulled by a tractor (as defined above),
and that is not a "recreational vehicle."
TWO-FAMILY DWELLING UNIT
A building on a single lot containing two dwelling units, each which
is totally separated from the other unit by an unpaired wall extending from
ground to roof with an unpierced ceiling and floor extending from exterior
wall to exterior wall for a common stairwell exterior to both dwellings.
UPPER STORY USES
Small dwelling units or offices that are generally located above
a principal business in the DC or TZ Districts. Off-street parking and on
street may be subject to regulation of the Brookville Borough. These units
are intended to house small groups of related and unrelated persons. In addition,
they are required to register with the Borough and be inspected on an annual
basis.
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code.
VEHICLE, OFF-ROAD (ORV)
Vehicles, including dune buggies and all-terrain vehicles, snowmobiles,
trail bikes, mopeds, and motorbikes, designed for use on unimproved surfaces.
WAREHOUSE
A building used for the storage of goods and materials.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within a municipality
WATER TOWER
Any tower constructed for storing water for domestic or emergency
use for the public.
YARD
An open space that lies between the principal building or accessory
building(s) and the nearest lot line. Such yard is unoccupied and unobstructed
from the ground upward, except as may be specifically permitted in this Zoning
Ordinance.
ZONING OFFICER
The person appointed by the Brookville Borough Council to enforce
zoning ordinances.