Borough of Matamoras, PA Article II Terminology

§ 124-6 Rules of construction; word usage.

The following rules of construction shall apply to this chapter:

A. For the purpose of this chapter, certain terms and words are herein defined. Whenever used in this chapter, they shall have the meanings indicated in this Article, except where there is indicated, in context, a different meaning.

B. The particular shall control the general.

C. The words "shall" and "must" are mandatory and not discretionary. The word "may" is permissive.

D. Words used in the present sense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

E. The phrase "used for" includes "arranged for," "designed for," "intended for" and/or "occupied for."

F. The word "person" includes "individual," "profit or nonprofit organization," "partnership," "company," "unincorporated association," "corporation" or other similar entities.

§ 124-7 Terms, phrases and words not defined.

When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.

§ 124-8 Definitions.

A. For the purposes of this chapter, the following words, terms and phrases shall have the meanings indicated herein:

ACCESSORY BUILDING, STRUCTURE OR USE

A use of land or of a building or portion thereof or a building or structure customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. Playhouses, doghouses and animal pens shall be considered "accessory structures" for the purposes of this chapter.

ADULT BUSINESS

Use of a building or land for a business which has obscene materials as a significant portion of its stock-in-trade or involves the sale, lease, trade, gift or display of drug paraphernalia. Obscene materials include any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes any specified anatomical areas and/or specified sexual activities. Drug paraphernalia includes any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under Pennsylvania law. For the purposes of this chapter, "adult businesses" shall also include any nightclub, bar, restaurant, arcade, theater or any other establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, videocassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or where any specified sexual activities are conducted for economic gain or any other form of consideration.

(1) SPECIFIED ANATOMICAL AREAS As used herein, "specified anatomical areas" means and includes any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(2) SPECIFIED SEXUAL ACTIVITIES Includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(c) Masturbation, actual or simulated; or

(d) Excretory functions as part of or in connection with any of the activities set forth in Subsections A(2)(a) through (c) of this definition.

ADULT DAY CARE

Care given for part of the twenty-four-hour day to adults requiring assistance to meet personal needs and who, because of physical or mental infirmity, cannot themselves meet these needs, but who do not require nursing care.

ADULT DAY-CARE CENTER

Any premises or portion thereof operated for profit, in which adult day care is simultaneously provided for four (4) or more adults who are not relatives of the operator.

ALTERATION

Any change or rearrangement in the structural parts or in the existing facilities of a building or structure which increases or decreases the area of the building or structure whether by extension on any side or by an increase in height; or the moving of such building from one (1) location to another.

AMUSEMENT ARCADE

A building or part of a building in which five (5) or more pinball machines, video games or other similar player-operated amusement devices are maintained.

AMUSEMENT PARK

A commercially operated park or facility with various devices for entertainment, including but not limited to rides, games, electronic games and similar devices, food stands and other associated facilities.

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

APPLICANT

See "person."

AUCTION HOUSE

A building where goods, chattel and other property are offered to the public for sale and which are sold to the highest bidder.

BASEMENT

A story partly below the finished grade but having at least one-half (1/2) of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A "basement" shall be considered as one (1) story in determining the permissible number of stories.

BED-AND-BREAKFAST

Any dwelling in which more than three (3) persons, either individually or as families, are housed or lodged for hire, usually for short tourist-related stays, with meals normally included as a part of the services rendered.

BLOCK OR LOT FRONTAGE

That portion of a block or lot which fronts on a single street.

BOARDING HOME

Any dwelling in which four (4) or more persons, either individually or as families, are housed or lodged for hire for extended periods with meals normally but not necessarily included as a part of the services rendered. and rental rooms contain no cooking facilities and bathrooms are normally shared with other boarders.

BODY PIERCING

The performance of physically perforating (for purposes of insertion of decorative jewelry) the skin of a person(s) by another person for a certain monetary compensation.

[Added 10-8-2002 by Ord. No. 267]

BOROUGH

The Borough of Matamoras, Pike County.

BOROUGH COUNCIL

The Borough Council of the Borough of Matamoras, Pike County, Pennsylvania.

BUFFER

A part of a required setback area (yard) which is used to provide separation between incompatible uses to effect a visual barrier, reduce noise, block physical passage between uses and reduce noise, dust and litter. The separation may be effected by fencing, dense vegetative planting, the provision of additional setback distances, berms or a combination thereof; and, in general, widths of buffers are increased as the density or opaqueness of the barrier decreases.

BUILDING

A structure formed of any combination of materials which is erected on the ground and permanently affixed thereto and designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind. A multifamily building divided by unpierced masonry walls extending from the ground to the underside of the roof shall not be deemed to be more than one (1) "building" for the purpose of this chapter.

BUILDING, ATTACHED

A building which has two (2) or more walls or portions thereof in common with an adjacent building.

BUILDING COVERAGE

The percentage of lot area which shall be allowed to be covered with roofed structures.

BUILDING, DETACHED

A building surrounded by open space on all four (4) sides within the same lot.

BUILDING HEIGHT

The vertical distance from the grade at the front of the building, or the average of the grades of the street fronts if the building faces more than one (1) street, to the highest point of the roof beams of a flat roof and to the mean height between eaves and ridge for gabled, hipped and pitched roofs.

BUILDING LINE OR BUILDING SETBACK LINE

A fixed line within property, defining the minimum distance between any building or structure or portion thereof to be erected or altered and an adjacent right-of-way or street line.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING, SEMIDETACHED

A building which has one (1) wall or portion thereof in common with an adjacent building.

BUS TERMINAL

An area and/or building where buses are stored or parked on a regular basis with or without bus maintenance and repair facilities.

CARPORT

A roofed-over structure open on two (2) or more sides and used in conjunction with a dwelling, for the storage of private motor vehicles.

CAR WASH

Any building or premises or portions thereof used for washing automobiles, trucks, buses or other vehicles for commercial purposes.

CELLAR

A story partly below the finished grade, having one-half (1/2) or more of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A "cellar" shall not be considered a story in determining the permissible number of stories.

CERTIFICATE OF USE AND OCCUPANCY

A statement, based on an inspection, signed by the Zoning Administrative Officer, setting forth that a building, structure, sign and/or land complies with this chapter and/or that a building, structure, sign and/or land may be lawfully employed for specific uses as set forth therein.

CHILD-CARE CENTER

Any establishment enrolling four (4) or more children and where tuition, fees or other forms of compensation for the care of the children are charged.

CHILD DAY CARE

Care in lieu of parental care given for part of the twenty-four-hour day to children under sixteen (16) years of age, away from their own homes, but does not include child day care furnished in places of worship during religious services nor child day care provided by an employer to its employees so long as such a center is housed within the employer's facility.

CHILD DAY-CARE CENTER

Any premises or portion thereof operated for profit in which child day care is provided simultaneously for seven (7) or more children who are not relatives of the operator.

CHURCH

A building used for public worship, and including associated facilities but not including other uses specifically listed on the Schedule of Uses,[1] unless said use is permitted in the district.

CLEAR SIGHT TRIANGLE

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.

CLUB/LODGE, PRIVATE

An establishment operated for social, athletic, recreational or educational purposes but open only to members and not generally open to the general public.

COMMERCIAL COMMUNICATIONS DEVICE

Any device with is intended for transmitting or receiving commercial television, radio or telephone communications, excluding the following:

[Added 5-5-2002 by Ord. No. 264]

(1) Industrial, scientific and medical equipment as regulated by the Federal Communications Commission in 47 CFR 18.

(2) Military and government radar antennas and associated communications towers used for navigational purposes as regulated by 47 CFR 87.

(3) Amateur (ham) and citizen band transmitting and receiving antennas and associated communications towers as regulated by 47 CFR 97 and 47 CFR 95, respectively, and which are less than 45 feet in height.

(4) Radio transceivers normally hand-held or installed in a vehicle, such as an automobile, truck, trailer, or watercraft.

(5) A radio frequency machine which is designated and marketed as a consumer product, such as microwave ovens, radio control toys, and television satellite dishes.

COMMERCIAL COMMUNICATIONS DEVICE SUPPORT STRUCTURE

Any pole, telescoping mast, tower, tripod, or any other structure which supports a commercial communications device.

[Added 5-5-2002 by Ord. No. 264]

COMMERCIAL COMMUNICATIONS DEVICE SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of the support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height.

[Added 5-5-2002 by Ord. No. 264]

COMMERCIAL VEHICLE

Any motor vehicle which is required by law to bear any license plate other than that issued for private passenger car use; and any motor vehicle, including passenger cars identified or commonly associated with any business, industry or public agency, shall be considered a "commercial vehicle" under the terms of this chapter.

COMMISSION

The Planning Commission of Matamoras Borough.

COMPREHENSIVE PLAN

The Matamoras Borough Comprehensive Plan, including all maps, charts and textual matter.

CONDITIONAL USE

A use which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this chapter are satisfied. "Conditional uses" are allowed or denied by the Borough Council after recommendations by the Planning Commission, and the Council may establish such conditions deemed reasonable to protect adjoining uses and the general public health, safety and welfare.

CONTRACTOR'S YARD

Any premises used as the base of operation by any tradesman, contractor or subcontractor for the storage of equipment and supplies, fabrication of subassemblies and parking of vehicles and equipment used in any contracting business or trade.

CONVENIENCE STORE

A one-story, retail store containing less than two thousand (2,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). It may also include the sale of gasoline but shall not include the repair or service of vehicles.

COUNCIL

The Borough Council of the Borough of Matamoras, Pike County.

DATA COLLECTION UNIT (DCU)

A cabinet-type facility that can be attached to an existing or proposed utility pole or a similar pole.

[Added 5-9-2017 by Ord. No. 331]

DECK

An elevated [more than six (6) inches] attached or unattached accessory structure constructed of wood with no walls or roof. As an accessory structure, it must meet the required setbacks.

DETENTION FACILITY

A publicly operated or regulated facility used to house and/or rehabilitate individuals detained or sentenced by the criminal justice system, including but not limited to jails, prisons, penitentiaries, reformatories and similar facilities.

DEVELOPER

Any landowner, agent of such owner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.

DISTRIBUTED ANTENNA SYSTEM (DAS)

Also referred to as "microcell." A set of antenna nodes networked with each other and connected to a wireless service source comprised of one or more high-power antennas that serve a given area and are replaced by a group of low-power antennas to serve the same geographic area.

[Added 5-9-2017 by Ord. No. 331]

DWELLING

A structure or portion thereof which is used exclusively for human habitation.

DWELLING, SINGLE-FAMILY

A dwelling unit detached from any other dwelling unit accommodating a single family and having two (2) side yards.

DWELLING STRUCTURE, MULTIFAMILY

A building or buildings, not exceeding the height requirements of this chapter, designed for occupancy by three (3) or more families living independently of each other in separate dwelling units. The term "multifamily dwelling" shall include condominium as well as noncondominium housing units, including the following construction types:

(1) RESIDENTIAL CONVERSION TO APARTMENTS Conversion of an existing single-family detached dwelling into three (3) to five (5) dwelling units.

(2) APARTMENT BUILDING Multifamily dwellings originally designed as such, containing three (3) or more dwelling units.

(3) TOWNHOUSE Multifamily dwelling of three (3) or more dwelling units in which each unit has its own front and rear accesses to the outside, no unit is located over another unit and each unit is separated from any other unit by one (1) or more common fire-resistant walls.

DWELLING, TWO-FAMILY

A dwelling accommodating two (2) families living independently with no common cooking or sanitary facilities, the units attached either side by side through the use of a party wall, and having one (1) side yard adjacent to each dwelling unit, or upstairs/downstairs units.

DWELLING UNIT

One (1) or more rooms in a dwelling structure, including a kitchen, sleeping facilities, bath and toilet, designed as a household unit for extended periods of occupancy for living and sleeping purposes by not more than one (1) family at a time.

ESSENTIAL SERVICES

Municipal or public utility facilities which do not require enclosure in a building, which are necessary for the public health and safety and which are routine, customary and appropriate to the character of the area in which proposed, including the construction or maintenance of gas, electrical, steam, telephone, sewage treatment plants and collection systems or water distribution systems, including equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment. Buildings, solid waste disposal facilities, commercial communications towers, utility company offices, storage of trucks or equipment and bulk storage, and any commercial communications devices and/or facilities not specifically regulated by the PA Public Utility Commission shall not be considered essential services. (For essential services requiring enclosure in a building, see "public or semipublic use.")

[Amended 5-5-2002 by Ord. No. 264]

FACADE

The exterior wall of a building exposed to public view or that wall viewed by persons not inside the building.

FAST-FOOD RESTAURANT

An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises, and which may include facilities that enable customers to obtain food while remaining in their vehicles.

FENCE

A structure erected as a barrier to prevent entry or escape, to mark a boundary or for ornamental or landscaping purposes, and typically constructed of posts and/or other supports in combination with wire, boards or other materials.

GARAGE, PRIVATE

An enclosed space for the storage of one (1) or more private motor vehicles, provided that no business, occupation or service is conducted therein.

GARDEN CENTER, RETAIL

A retail establishment engaged in the sale of ornamental trees, shrubs and plants and supplies for gardening and landscaping.

GASOLINE SERVICE STATION

A structure, building or area of land or any portion thereof that is used for the sale of gasoline and oil or any other motor vehicle fuel and/or other lubricating substance, which may or may not include facilities for lubricating, washing, sale of accessories and otherwise servicing motor vehicles, but not including the painting and/or body work thereof. Any business or industry dispensing gasoline and servicing vehicles only for its own use will not be deemed to be a "gasoline service station."

GREENHOUSE, COMMERCIAL

A structure, typically constructed of metal or wood framework and covered with glass or plastic, used for the propagation of plants for wholesale distribution and including associated structures for office space and storage, but not including retail sales of any products or services.

GREENHOUSE, PRIVATE

An accessory structure, typically constructed of metal or wood framework and covered with glass or plastic, used for growing of plants for private use by the inhabitants of the principal structure.

GROSS FLOOR AREA

The sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two (2) buildings, but not including interior parking spaces, loading space for vehicles or any space where the floor-to-ceiling height is less than six (6) feet.

GROUP HOME

A facility or dwelling unit where a group of not more than seven (7) individuals, including staff, not related by blood, marriage, adoption or guardianship are living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability and which is typically administered by a public or nonprofit agency. Any facility housing more than seven (7) individuals, including staff, shall be considered a health facility.

HEALTH FACILITIES

Establishments primarily engaged in providing services for human health maintenance, including hospital facilities, nursing facilities and medical and dental clinics and offices, whether publicly or privately operated, but not including rehabilitation centers.

HEIGHT OF SIGN OR OTHER STRUCTURE (WHICH IS NOT A BUILDING)

The vertical distance measured from the grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.

HOME OCCUPATION

Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling and no goods are publicly displayed on the premises other than an approved sign; professional practice by a single practitioner of medicine, dentistry, architecture, law and engineering, artists, beauticians, barbers and veterinarians and similar types of professional practice uses; but excluding stables, kennels, animal breeding and similar uses; excluding motor vehicle, small engine repair shops and similar uses; and excluding other uses not meeting the standards in § 124-14 of this chapter.

HOTEL

A facility offering temporary [generally for periods of two (2) weeks or less] lodging accommodations to the general public, typically on the basis of daily or weekly rentals, and providing additional services such as restaurants, meeting rooms and limited recreational facilities.

IMMEDIATE SURROUNDING AREA

Any area of the borough which can be described as a distinct neighborhood and which is limited geographically to a size less than one-half (1/2) of the borough land area. Neighborhood commercial uses designed to service such an area shall be limited to those which can be construed as having such a neighborhood as their primary marketing area.

INDUSTRY, HEAVY

A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

INTERMEDIATE CARE FACILITY

An institution or portion thereof which provides on a regular basis health-related care and services to resident individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health-related care and services above the level of room and board.

JUNK

Any scrap, waste, reclaimable material or debris, vehicles or parts thereof, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machines, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The outside storage or deposit on a lot of two (2) or more inoperable vehicles which do not have current licenses shall be considered a "junkyard." Agricultural vehicles such as tractors, mowers, etc., which are utilized as part of an active on-going farming operation and contractors' construction equipment shall be exempt from this provision. Automobile sales lots managed by licensed automobile dealers and storage areas for antique autos shall be also exempt from this provision.

KENNEL

The keeping of four (4) or more dogs that are more than six (6) months of age.

LAND DEVELOPMENT

Any of the following activities:

(1) The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:

(a) A group of two (2) 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

(b) The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(2) A subdivision of land.

(3) Development in accord with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[2]

LOT

Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land. The term "lot" shall also mean "parcel," "plot," "site" or any similar term.

LOT AREA

The total number of square feet in the lot less any area included in any rights-of-way affecting the lot.

LOT, CORNER

A lot situated at and abutting the intersection of two (2) streets having an interior angle of intersection not greater than one hundred thirty-five degrees (135°).

LOT DEPTH

The average horizontal distance between the front lot line and the rear lot line.

LOT, INTERIOR

A lot other than a corner lot, on which the front lot line abuts a street but the side lot lines of which do not abut a street.

LOT LINE, FRONT

The line separating the lot from a street.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."

LOT WIDTH

The average of the width of a lot at the building setback line and the rear lot line.

MACRO CELL TOWER

A facility with a central pole up to 50 feet in height that has a service radius of approximately 2.5 miles.

[Added 5-9-2017 by Ord. No. 331]

MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one (1) or more sections, which arrives at a site complete and ready for installation except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation, including but not limited to mobile homes and modular homes.

MANUFACTURING

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including but not limited to the assembling of component parts, fabrication of products, textile and clothing manufacturing, warehousing, distribution centers, agricultural products processing, wood products industries and the like; and research, engineering or testing laboratories.

MASSAGE

The performance of manipulative exercises using the hands and/or a mechanical device on a person(s)'s skin other than the face or neck by another person(s) for a certain monetary compensation, and which does not involve persons who are related to each other by blood, adoption, marriage or official guardianship.

[Added 8-6-2002 by Ord. No. 266]

MASSAGE PARLOR

[Added 8-6-2002 by Ord. No. 266]

(1) An establishment that meets all of the following criteria:

(a) Massages are conducted (see definition);

(b) The person conducting the massage is not licensed by the state as a health-care professional or a therapeutic massage therapist, or is not certified by a recognized therapeutic massage organization that requires substantial professional training;

(c) The massages are not conducted within a licensed hospital, nursing home, personal-care center or office of a medical doctor, physical therapist, chiropractor, or other licensed practitioner;

(d) The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program.

(2) A massage parlor shall be considered an "adult business" for the purposes of this Zoning Ordinance.

MICRO CELL TOWER

A facility with a central pole less than 30 feet in height with a service radius of 0.5 mile or less.

[Added 5-9-2017 by Ord. No. 331]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one (1) unit, or in two (2) units designed to be joined into one (1) 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. This shall include double-wide trailers but exclude homes of modular construction not designed to be moved after erection.

MOBILE HOME LOT

Land occupied or to be occupied by a mobile home in a mobile home park, improved with the necessary utility connections and other appurtenances, and said lot being specifically designated by diversion from other lots in the mobile home park.

MOBILE HOME PARK

A parcel or contiguous parcels of land under single ownership which have been planned and improved for the placement of two (2) or more mobile homes.

MODEL HOME

A residential structure associated with a principal permitted commercial use and not intended for permanent occupancy and used solely for demonstration purposes to inform potential purchasers of the types of homes available from the seller.

MOTEL

A facility offering temporary [generally for periods of two (2) weeks or less] lodging accommodations to the general public, typically on the basis of daily or weekly rentals, with at least twenty-five percent (25%) of the rooms having direct access to the outside.

MULTIFAMILY PROJECT

Any development of single parcel of property that includes one (1) or more buildings containing two (2) or more dwelling units and that includes common open space and facilities.

MULTIPLE OCCUPANT COMMERCIAL BUILDING

A building containing two (2) or more independent, nonresidential uses, such uses also being permitted in the district where the multiple occupant building is proposed.

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 neither 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 11-1-2005 by Ord. No. 282]

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio or television reception, which is detectable in the neighborhood.

(6) 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.

(7) The business activity shall be conducted only within the swelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activity.

NONCONFORMING LOT OF RECORD

Any lot in any district which fronts upon a street and is insufficient in size to meet the minimum width, depth and area requirements specified for the district where such a lot is situated, such lot having been created prior to the enactment of this chapter or any amendments hereto and which by documentary evidence is shown to be, prior to and continuously since the effective date of this chapter and amendments hereto, in separate and distinct ownership from all abutting land.

NONCONFORMING SIGN

Any sign legally existing prior to the effective date of this chapter, as amended (December 12, 1982).

NONCONFORMING STRUCTURE

A structure or part of a structure which does not comply with the applicable use or extent of the use provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of this chapter or amendments hereto, and including but not limited to nonconforming signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments hereto, where such use was lawfully in existence prior to the enactment of this chapter. Such nonconforming uses include but are not limited to nonconforming signs and other structures.

NURSERY, COMMERCIAL

A parcel of property including buildings on which trees, shrubs and other plants are raised for wholesale to retail distributors; but not including a garden center.

NURSING FACILITY

Includes nursing home/skilled nursing facility, intermediate care facility, personal care home and adult day-care center.

NURSING HOME/SKILLED NURSING FACILITY

Any facility or part of a facility in which professionally supervised nursing care and related medical and other health services are provided for a period exceeding twenty-four (24) hours for two (2) or more individuals who are not in need of hospitalization and are not relatives of the nursing home administrator, but who because of age, illness, disease, injury convalescence or physical or mental infirmity need such care.

OFFICE BUILDING

A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity.

OPEN SPACE

All areas of a multifamily development or cluster development not conveyed to individual owners and not occupied by buildings and required or proposed improvements shall be dedicated as permanent "open space" for the benefit and enjoyment of the residents of the particular units being proposed. Such open space shall be part of the project parcel and contiguous.

PARKING LOT, PRIVATE

An open area for the same uses as a private garage.

PARKING LOT, PUBLIC

An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

PARKING SPACE

An off-street space available for the parking of one (1) motor vehicle and measuring a minimum of ten (10) feet by twenty (20) feet, exclusive of driveways, passageways and maneuvering space appurtenant thereto.

PARTY WALL

A wall or an interior lot line used or adopted for joint services between two (2) buildings.

PATIO

An open recreational area or structure, constructed no higher than six (6) inches from the ground level and resting directly on the ground. It may be attached to or detached from the principal building and may be constructed using wood, masonry, pavement, stone or other material suitable for that purpose.

PERSONAL CARE HOME

Any premises or portion thereof in which food, shelter and personal assistance or supervision are provided for a period exceeding twenty-four (24) hours for four (4) or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self administration.

[Amended 11-1-2005 by Ord. No. 282]

PLANNING COMMISSION

The Planning Commission of the Borough of Matamoras, Pike County, Pennsylvania.

PORCH

An attached roofed patio or deck. With the exception of any wall adjoining the principal structure, all walls must be open or screened with a wall no higher than four (4) feet above the floor level. A "porch" is considered an attached accessory structure and must meet those setback requirements for principal structures.

PRIVATE RECREATIONAL FACILITIES

Outdoor or indoor areas or structures, operated by private nonprofit or private commercial entities, open to the public, which contain entertainment and amusement devices or attractions including animal farms, zoological parks, tennis and racquetball courts, bowling alleys, ski areas, golf courses and the like, but excluding theaters, public parks and playgrounds.

PROFESSIONAL OFFICE

The office of a member of a recognized profession who is licensed by the commonwealth for the practice of such profession, maintained for the conduct of that profession, including but not limited to doctors, dentists, lawyers, real estate sales, insurance sales and similar uses approved by the borough; and which does not include the retail sale of any goods or merchandise.

PUBLIC NOTICE

Notice published once each week for two (2) consecutive weeks in a newspaper of general circulation in the borough. 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 thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

PUBLIC OR SEMIPUBLIC USE

Any structure or use which is owned and operated by a municipality or body/group appointed by a municipal body; or which is owned and operated by a nonprofit organization; or any public utility facility requiring enclosure in a structure; and such structure or use fulfills a community need or provides a public service, including but not limited to municipal buildings and facilities, public schools, public libraries, churches, synagogues and volunteer fire and ambulance facilities, but not including any detention, prison or other correctional institutions. If such a use is specifically listed in the Schedule of Uses,[3] said use shall be permitted only in the district as listed and shall be further subject to any supplementary regulations contained in Article IV of this chapter.

REHABILITATION CENTER

Any facility or part of a facility in which professionally supervised counseling, medical and other health services are provided to individuals for the treatment of alcohol, drug or other substance abuse.

RESEARCH AND DEVELOPMENT

An establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.

RESTAURANT

An establishment where food and drink is prepared, served and consumed primarily within the principal building.

RETAIL BUSINESS

An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RIGHT-OF-WAY

Land reserved for use as a street, drainage facility or other public or community use.

SCHOOL, PRIVATE

A privately operated facility that provides a curriculum of elementary and/or secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.

SCHOOL, PUBLIC

A publicly operated facility that provides a curriculum of elementary and/or secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.

SELF-STORAGE FACILITY

A building or buildings containing separated spaces to be leased or rented to individuals and/or business for the storage of personal belongings, commercial goods or supplies.

SEMIPUBLIC BUILDING OR USE

See "public or semipublic use."

SERVICE ESTABLISHMENT

Establishments engaged in providing services involving the care or needs of a person or his or her apparel such as cleaning and garment services, beauty and barber shops, shoe repair, dry cleaning and laundries, photographic studios, etc. If such a use is specifically listed in the Schedule of Uses,[4] said use shall be permitted only in the district as listed and shall be further subject to any supplementary regulations contained in Article IV of this chapter.

SETBACK

An open unoccupied space which shall extend the full depth or width of a lot and which shall not be occupied by any portion of any building. Front setbacks shall be measured from the edge of the highway right-of-way and other setbacks from property lines.

SEWAGE DISPOSAL, CENTRAL

A sanitary sewage collection system in which sewage is carried from individual lots or dwelling or commercial units by a system of pipes to a central treatment and disposal facility.

SEWAGE DISPOSAL, ON-SITE

A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.

SIGN

Any object, device, display, structure or part thereof, situated outdoors or indoors and intended for viewing from the building exterior, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

SIGN, BILLBOARD

A sign advertising a business, product, service, commodity, activity or other concern which is located, produced or offered at a location other than the premises on which the billboard is located.

SIGN, FACADE

Any sign attached parallel to but within six (6) inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one (1) sign face.

SIGN, FREESTANDING

A sign supported by one (1) or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.

SIGN, OVERHANGING

Any sign affixed to a building or wall in such manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.

SIGN, PORTABLE

Any sign not permanently affixed to the ground or to a building, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and any sign attached to, painted on or displayed on a vehicle which is used for the expressed purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic, unless said vehicle is used in the day-to-day operations of the business.

SIGN, SANDWICH BOARD

A portable sign which is used for the expressed purpose of advertising a business establishment, product, service or entertainment on the premises upon which the sign is erected; such sign comprised of no other framework or support than the wood or other material on which the advertising material is displayed.

SIGN, SURFACE AREA

The area of any sign computed by multiplying its greatest length by its greatest height. Structural members not bearing advertising material or not in the form of a symbol, character, logo or design shall not be included in the computation of surface area. In the case of signs with no definable edges (e.g., raised letters attached to a facade or painted windows), "surface area" shall be that area within the perimeter of a rectangle enclosing the extreme limits of the advertising material. Sign surface area shall apply to each side of a sign which contains advertising material.

SIGN, TEMPORARY

A display, informational sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations.

SOLID WASTE OR WASTE

Any garbage, refuse, industrial, lunchroom or office waste or other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term shall also include any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial, mining or agricultural operations or local facilities or any other by-product or effluent from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility.

SOLID WASTE FACILITY, COMMERCIAL

Any facility operated by a private individual or firm pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste, including but not limited to liquid, solid, toxic, hazardous and medical waste.

SOLID WASTE FACILITY, PUBLIC

Any facility operated by a public entity pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste, including but not limited to liquid, solid, toxic, hazardous and medical waste.

SOLID WASTE STAGING AREA

Any parcel of property used for the transfer of solid waste from one vehicle to another vehicle for transport to a solid waste facility or which is used for the parking or storage of vehicles and/or containers used to transport solid waste.

SPECIAL EXCEPTION

A use allowed, with permission granted by the Zoning Hearing Board, to occupy and use land and/or a building for specific purposes in accord with this chapter.

SPECIALTY SHOPS

Establishments primarily engaged in providing services involving the care of a person or his or her apparel or specializing in a specific type or class of foods such as a bakery, butcher shop, fish store or similar shops.

STORY

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, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a "story." Each level of a split-level building, excluding cellars, shall be considered a half story.

STORY, HALF

Any space immediately below and wholly or partly within the roof framing, with or without a finished floor, where not more than seventy-five percent (75%) of such space has structural headroom of seven (7) feet and six (6) inches or more. Any space which has more than seventy-five percent (75%) of its area with such headroom shall be deemed to be a full story.

STREET

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway," "lane," "alley," "road" and similar terms.

STRUCTURAL ALTERATION

Any change in the structural members of a building, such as walls, columns, beams or girders, or any addition to any structure.

STRUCTURE

A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.

STRUCTURE, PERMANENT

Anything constructed and the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

STRUCTURE, PORTABLE

Anything constructed that is not permanently affixed to the ground but is designed to be moved from place to place.

STUDIO

Any building or structure used for the study or teaching of an art form or discipline such as painting, ceramics, sculpture, photography, dance, music and martial arts, but not including private schools.

TATTOO

The performance of applying color by a mechanical means utilizing ink and needle to the skin of person(s) for a certain monetary compensation.

[Added 10-8-2002 by Ord. No. 267]

TATTOO AND/OR BODY-PIERCING STUDIO

An establishment that meets the following criteria:

[Added 10-8-2002 by Ord. No. 267]

(1) Tattoo work and/or body piercing is performed.

THERAPEUTIC MASSSAGE FACILITY

An establishment that meets all of the following criteria:

[Added 8-6-2002 by Ord. No. 266]

(1) Massages are conducted (see definition); and

(2) The person conducting the massage is licensed by the State of Pennsylvania as a health-care professional or a therapeutic massage therapist, or is certified by a recognized therapeutic massage organization that requires substantial professional training.

TRUCK TERMINAL

A terminating point where goods are transferred from a truck to a storage area or to other trucks or picked up by other forms of transportation.

USABLE OPEN SPACE

An unenclosed portion of the area of a lot which is not devoted to driveways, parking spaces or principal structures, but which may include common buildings such as shelters, pavilions or recreational structures centrally located, accessible to occupants of the building or buildings.

USE

The specific purpose for which land, a sign, structure or building is designed, arranged or intended or for which it may be occupied or maintained; or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE

Relief granted pursuant to the provisions of § 124-45C of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code.[5]

VEHICLE AND EQUIPMENT REPAIR OPERATION

An establishment engaged in the service and/or repair of any motor vehicle as its principal use, including but not limited to auto body shops, repair garages, truck repair garages and agriculture equipment repair.

VEHICLE AND EQUIPMENT SALES OPERATION

The use of any building, land area or other premises for the display and sale of new and used automobiles of operable condition; panel trucks or vans; mobile homes or trailers; recreation vehicles; or farm or construction equipment, including any warranty repair work and other repair service as an accessory use. No business or facility which generates less than fifty percent (50%) of its gross sales from the actual sale of new or used vehicles or equipment of the type herein described (excluding parts and repairs) shall be considered a "vehicle and equipment sales operation."

VEHICLE RENTAL OPERATION

The use of any building, land area, or other premises for the display and rental of new and used automobiles of operable condition; pickup trucks; or panel trucks or vans.

[Added 10-3-2000 by Ord. No. 259]

WALKWAY

A narrow passageway, no wider than four (4) feet, extending from the entrance or patio of the principal building at or no more than six (6) inches above ground level, out to and including encroachment of the front yard but not encroaching on any road right-of-way. Construction material may consist of wood, stone, masonry, pavement or other similar material suitable for that purpose. (Note: If constructed above six (6) inches from the ground, see "deck.")

WAREHOUSE

Terminal facilities operated for a specific commercial establishment or group of establishments in a particular industrial or economic field and used for the storage of goods and materials.

WATER SUPPLY, BOROUGH

The water supply and distribution system owned and operated by the Matamoras Borough Water Authority.

WHOLESALE BUSINESS

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

YARD, FRONT

An open, unoccupied space between an adjacent right-of-way and front lot line and the building setback line, and extending the full width of the lot.

YARD/GARAGE SALE

Any offering for sale to the public of used household items conducted on a temporary, intermittent basis.

YARD, REAR

An open, unoccupied space between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending for the full width of the lot.

YARD, SIDE

An open, unoccupied space between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending from front yard to rear yard.

ZONING HEARING BOARD

The Zoning Hearing Board of the Borough of Matamoras, Pike County, Pennsylvania.

ZONING OFFICER

The administrative officer charged with the duty of enforcing the provisions of this chapter.

[1] Editor's Note: The Schedule of Uses, is included at the end of this chapter.

[2] Editor's Note: See 53 P.S. § 10503(1.1).

[3] Editor's Note: The Schedule of Uses is included at the end of this chapter.

[4] Editor's Note: The Schedule of Uses is included at the end of this chapter.

[5] Editor's Note: See 53 P.S. § 10101 et seq.

B. The above definitions are also supplemented by those contained in other borough ordinances. Where there is any conflict between definitions or provisions contained in this chapter and other ordinances, the definitions or provisions contained herein shall apply insofar as they affect this chapter.