An establishment having, as a substantial and significant portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such publications.

An adult bookstore, adult mini motion-picture theater, adult motion-picture theater, adult novelty store, adult theater, or a massage establishment.

An enclosed building with a capacity of less than 50 persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specific anatomical areas, for observation by patrons therein.

An enclosed building with a capacity of 50 or more persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

An establishment having, as a substantial and significant portion of its stock-in-trade, sexually oriented devices, or an establishment with a segment or section devoted to the sale or display of such devices.

An establishment featuring live performances on a regular basis which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

A minor right-of-way, privately or publicly owned, primarily for secondary means of access to the rear or sides of properties.

A change or rearrangement in the parts of a building or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another which would change its use classification, other than an addition.

Any revision to a regulation or ordinance that is formally adopted by the governing body charged with the keeping of such regulations, which includes revisions to an ordinance or map. Amendments to this chapter lie solely with the Borough of Akron Council.

Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. These uses include, without limitation, such apparatus for cellular or other wireless telephones, pagers and beepers.

A landowner, as herein defined, or agent of the landowner, who has filed an application for a zoning, building or driveway permit and/or an application for development, including his heirs, successors, and assigns.

Every application, whether preliminary, tentative, or final, required to be filed and approved prior to 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. Every application for development must include the form designated by the Borough and all other plans and information required by this chapter.

The Borough Council.

Approved by the recognized authoritative agency or official as specified in the respective regulations.

The extent of surface contained within the boundaries or extremities of land or a building.

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior-access stairway to a lower building story.

A structure attached to a building, typically consisting of a frame, and covered with fabric or any other material.

That portion of a building that is partly or completely below grade.

An owner-occupied single-family detached dwelling in which bed-and-breakfast units are provided for compensation on a nightly basis. Meals may be offered only to registered overnight guests.

A room within a bed-and-breakfast establishment used as lodging for no more than four persons.

Raising or keeping of bees.

See definition in Part 11.

Any business or portion thereof where tattooing or body piercing is practiced or provided to customers.

Any structure used for a resident, business, industry, or other public or private purpose, or accessory thereto, and including covered porches, greenhouses, stables, garages, roadside stands, mobile homes, and similar structures, whether stationary or movable, but excluding fences and walls which are part of the landscaping, signs, steps, and awnings.

Any exterior structural enlargement to a building or structure.

The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, steps and patios.

The horizontal measurement of any continuous building wall, regardless of offsets.

A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, except overhanging eaves, gutters and cornices, the vertical plane will coincide with the most-projected surface.

A line defining the minimum required distance within a lot from and parallel to a street right-of-way line and side and rear lot lines which designates the minimum location of future buildings and structures.

A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

The vertical distance from grade to the top of the highest roof beams of a flat roof or the top of the eave of a hip or gable roof.

A building with two or more principal uses, where the uses are typically located one over the other, and may include apartments over commercial uses.

A building in which is conducted the principal use of the lot on which the building is located, including any attached structures, such as garages, decks, patios, etc.

A lot in single ownership on which are developed one or more buildings and accessory uses directly related to the purposes of an organization.

An unenclosed structure, which is open on at least two sides, with a permanent floor and roof supported by columns or posts, that is primarily used for the storage of one or more vehicles in the same manner as a private garage. Carports not open on at least two sides shall be considered a garage.

The surface of a street, access drive or alley available for vehicular traffic.

Land used or intended to be used, as an accessory use, for the burial of the deceased, including columbariums, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered to be funeral homes.

A certificate issued by the Borough upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein and within all other applicable requirements have been complied with.

The use of a common telecommunications tower or common site by two or more wireless communications services.

An activity operated as a business, open to the public for the purpose of recreation or entertainment, including but not limited to bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, movie theaters, miniature golf courses, etc. This does not include adult-related uses, as defined herein.

A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

An organization catering exclusively to members and their guests for social, educational, cultural, civic, recreational, and administrative purposes, provided vending stands, merchandising or commercial activities are not conducted except as required for the membership of such club. "Clubs" shall include but not be limited to service and political organizations and labor unions, as well as social clubs. "Community clubs" shall not include adult establishments, as defined herein.

The official Borough of Akron public document consisting of maps, charts and textual material that constitutes a policy guide to decisions about the physical and social development of the Borough of Akron, as amended from time to time.

A set of individual dwelling units or other areas of buildings, each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate, which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980.

A property and/or facility which is utilized to host a variety of business, educational and social events, including but not limited to conferences, exhibitions, meetings, seminars, training, parties, receptions, and galas. Such use may include the provision, sale and/or consumption of food and/or alcoholic beverages incidental to the above-referenced uses but not as a separate principal use. Additionally, a conference/event center may include any one or more of the following as a separate, but secondary, use of the property and/or facility: a public restaurant, a cafe, and/or a commercial recreation facility.

A store or shop, less than 10,000 square feet, that may sell items such as food products, groceries, toiletries, lottery tickets, tobacco products, newspapers and magazines, along with a selection of processed food and groceries. Dining areas may be offered and are included in the total floor area, whether located inside or outside the building. Stores that offer gas may also sell motor oil, windshield washer fluid, radiator fluid, and maps. The outdoor sales or dining area shall be a maximum of 600 square feet.

The Lancaster County Planning Commission.

The offering of care or supervision over minors, or adults who require supervision because of mental or physical condition, in lieu of care or supervision by family members. This term is not synonymous with the terms "recreation area" or "commercial recreation facility."

A building, or space in a building, and grounds in which, on a regular basis, for a fee, care is provided to adults who are in need of supervision because of their mental or physical condition. It does not include any establishment which provides overnight care or stays of any kind. It does not include establishments which provide overnight stays of any kind.

A day-care facility that is a principal use and is licensed by the Commonwealth of Pennsylvania for the care or supervision of minors or adults. It does not include any establishment which provides overnight care or stays of any kind.

A day-care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the Commonwealth of Pennsylvania and offers care and supervision to no more than six children unrelated to the operator during any calendar day.

A day-care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the Commonwealth of Pennsylvania and offers care and supervision to no more than three children unrelated to the operator during any calendar day.

A constructed flat surface capable of supporting weight, similar to a floor but constructed outdoors and usually (though not always) connected to a building. A deck shall not be completely enclosed, except for any side which may adjoin a structure or for any fences, walls, shrubs, or hedges. For the purposes of this chapter, a deck is considered to be an impervious surface and part of the principal building.

The number of dwelling units in relation to the total land area proposed to be used for residential purposes, including but not limited to rights-of-way, interior parking areas, access drives, private streets, sidewalks, common open space, public or semipublic parks and playgrounds and floodplain boundaries.

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 or other activities covered by this chapter.

Any man-made change to improved or unimproved real estate, including but not limited to buildings, or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, and public facilities.

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

Animals that are normally considered to be kept in conjunction with a dwelling for the pleasure of the resident family, rather than for economic reasons. This shall include dogs, cats, small birds, racing pigeons, gerbils, rabbits, lizards and other nonpoisonous animals commonly sold in retail pet shops.

A restaurant, bank, drugstore or other use that provides service to customers who remain seated in automobiles, where customers are served either through an exterior window in the establishment or directly to parked automobiles on the premises.

An improved private cartway designed and constructed to provide vehicular and pedestrian movement between a public road and a tract of land serving one single-family dwelling unit.

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boardinghouses, rooming and lodging houses, institutional houses, tourist courts, and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical and other utility systems.

A single habitable living unit occupied by only one family. See the definition of "family." Each dwelling unit shall have its own toilet, bath or shower, sink, sleeping and cooking facilities and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level.

An independent, self-sufficient dwelling unit, with complete kitchen and bath facilities, which is either entirely contained within a single-family dwelling unit and has direct access to the outdoors or which has a common hall with a single-family detached dwelling for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, or adoption to the occupants of the principal dwelling.

A dwelling containing three or more dwelling units which may be separated horizontally and/or vertically. This may include but is not limited to apartments and quadruplexes. The individual dwelling units may or may not be in separate ownership; however, the land shall be in single ownership or in common ownership.

A building containing a minimum of two and a maximum of five duplex dwellings arranged in a side-by-side configuration with one or more vertical party walls.

A single dwelling located on the second floor above a detached garage and having a maximum of 1,000 square feet.

A dwelling containing two dwelling units, one of which is located above the other.

A dwelling containing three or more dwelling units which may be separated horizontally and/or vertically. This may include but is not limited to apartments and quadruplexes. The individual dwelling units may or may not be in separate ownership; however, the land shall be in single ownership or in common ownership.

A freestanding building containing one dwelling unit for one family and having two side yards, one front yard, and one rear yard; in cases where such dwelling is located on a corner lot, the dwelling shall have two front yards, one side yard, and one rear yard. Mobile homes may be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation and all of the apparatus used to transport the unit is removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes may be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.

A dwelling containing two dwelling units which are attached side by side by the use of a common wall.

A building containing at least three dwelling units but not more than eight dwelling units arranged in a side-by-side configuration with two or more common party walls and arranged on fee-simple lots.

A right-of-way granted for limited use of private land for a public, quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.

Whenever "employees" or the expression "number of employees" is herein referred to, it shall mean the greatest number of persons to be employed in the building in question during any season of the year and at any time of the day or night.

A professional engineer registered in the Commonwealth of Pennsylvania.

A building face or wall.

An individual or individuals related by blood, marriage, or adoption that maintain one common household and live within one dwelling unit.

A man-made barrier placed or arranged as a line of demarcation, an enclosure, or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. This definition does not include man-made barriers or walls constructed principally of masonry, concrete, cinder block or similar materials.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses or other bodies of surface water, or from the unusual and rapid accumulation or runoff of surface waters from any source.

The portion of the floodplain beyond the limits of the floodway.

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source by designation in accordance with the Floodplain Ordinance.[1]

The Official Borough of Akron Floodplain Ordinance.[2]

The channel and adjacent overbank areas through which the primary floodwaters are discharged. This portion of the floodplain is where the highest flood velocities and greatest flood depths usually occur.

The maximum amount of usable space within a building.

The sum of the floor areas of usable space within a building as measured from the interior face of walls and including all areas intended and designed for the conduct of a business or use.

The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, and interior vehicular parking or loading.

A building devoted to the care, embalming, and holding of services for the dead, including the sale of funeral equipment as an incidental part of the business. Funeral homes shall not include cemeteries, columbariums, mausoleums or entombments, but do include mortuaries and crematoriums as accessory uses.

An accessory structure for the storage of one or more vehicles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than 3/4 ton capacity may be stored therein where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein.

A structure or any portion thereof used for the parking and storage of vehicles owned by the general public.

An artificially enclosed body of water or receptacle for water having a depth of less than two feet that may be used or intended to be used as an ornamental feature constructed, installed, or maintained in or above the ground. It may include a fountain display, water plants or fish.

A finished product.

A group of handicapped persons, as defined by the Fair Housing Act and the Fair Housing Amendments Act of 1988, as amended, living and cooking together in a single-family detached dwelling operated by a responsible individual, family, or organization with a program to provide a supportive living arrangement for individuals where special care is needed. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Borough prior to beginning the use. Group homes shall be subject to the same limitations and regulations by the Borough as single-family detached dwellings and in accordance with § 27-1506.

A business, profession, occupation, or trade conducted for financial gain or profit and located entirely within a residential dwelling or within a detached private garage located on a residential lot and in existence on the effective date of this chapter, which use is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the residential character or appearance of the dwelling or detached garage.

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include overnight boarding of animals for medical or surgical treatment.

A building or buildings containing rooms designated to be rented temporarily for sleeping purposes by guests, which such facilities may include a full-service kitchen and restaurant facility and meeting and conference facilities for use by the general public.

A building or buildings containing rooms designated to be rented temporarily for sleeping purposes by guests, which such facilities shall not include a full-service kitchen and restaurant facility or meeting and conference facilities for use by the general public but may include incidental kitchen and dining facilities and meeting facilities for use by hotel guests.

A building, structure or group of buildings or structures, including accessory uses, designed or intended for worship. This definition shall include a church, chapel, cathedral, synagogue, temple, mosque, or other facility that is principally used for prayer by persons of similar beliefs; or a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis and shall include cemeteries as an accessory use.

Any material that covers the land which inhibits the percolation of stormwater directly into the soil, including, but not limited to, buildings, pavement, stone areas and stormwater facilities that discharge stormwater off the site.

Physical changes to the land, including, but not limited to, buildings/structures, grading, paving, curbs, gutters, storm sewers and drains, stormwater management facilities, improvements to existing watercourses, sidewalks, streets, signs, monuments, water supply facilities and sewage disposal facilities.

Any lot on which more than six animals, as specified in § 27-1301, that are older than six months (except related to a farm) are kept, boarded, raised, bred, treated or trained for a fee, including, but not limited to, dog or cat kennels. Operations of kennels shall comply with the Dog Law, Act of December 7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101 et seq., and all applicable regulations of the Department of Agriculture.

The legal, beneficial, or equitable owner or owners of land, including the holder of an option or contact to purchase (whether or not such option or contract is subject to any conditions), a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.

See "building setback line."

The line separating such lot from any street or other public right-of-way.

Any lot line other than one adjoining a street.

A recorded boundary of a lot forming the front, rear and sides of lots. Any property line which abuts a street or other public right-of-way shall be measured from the right-of-way.

That lot line which is opposite and most distant from the front line. But, in the case of corner lots, the owner shall, for the purpose of this chapter, have the privilege of selecting any lot line other than one of the front lot lines to be the rear lot line, provided that such choice, in the opinion of the Zoning Officer, will not be injurious to the existing or to the desirable future development of adjacent property. The rear lot line of any irregular or triangular lot shall, for the purpose of this chapter, be a line entirely within the lot, 10 feet long.

Any lot line not a front lot line or a rear lot line.

A paved, off-street space logically and conveniently located for the temporary loading or unloading of goods and having direct usable access to a street, access drive or alley. Off-street loading spaces do not count towards off-street parking requirements and shall not infringe on any required buffer planting strip.

A parcel of land held in single and separate ownership, occupied or capable of being occupied by buildings, structures, accessory buildings or structures, signs, and uses customarily incidental to it, including such open spaces as required, and which is described by reference on a recorded plat or by metes and bounds.

The area contained within the property lines of the individual parcels of land.

A percentage of the lot area covered by an impervious surface, including buildings, driveways, parking areas, and sidewalks.

The horizontal distance measured between the street right-of-way line and the average rear property line. On reverse-frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the office of the Recorder of Deeds in and for Lancaster County, Pennsylvania.

The required area of a lot.

The horizontal distance measured between side property lines. Unless otherwise noted, lot width shall be measured at the building setback line and the street line.

A parcel of land at the junction of and abutting on two or more intersecting streets. Such lot shall be considered as having as many front yards as there are streets to which it abuts.

A lot with front and rear street frontage with possible vehicular access to both streets. Double-frontage lots shall have two front yards and two side yards.

A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way.

Distance measured along the front lot line. When a lot fronts on a curved street, the frontage shall be determined by utilizing the arc distance.

A lot other than a corner lot, the sides of which do not abut a street.

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

The maximum impervious area of any building, structure or use, expressed as a percentage of a lot area.

A lot that abuts public rights-of-way to the front and rear of the property, where vehicular access is prohibited to and from the higher-classified street. The yard abutting the higher-classified street shall be considered a rear yard.

A fully prefabricated, transportable, single-family detached dwelling unit intended for household occupancy contained in one or more units designed to be joined into one integral unit, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and household furnishings. It is constructed as required by the Borough Building Code and shall be placed on a permanent foundation with the same, or equivalent, electrical, plumbing, and sanitary facilities as for a conventional stick-built single-family detached dwelling. A manufactured home may include any addition or accessory structure, such as porches, sheds, or decks, which is attached to it.

The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping by hand, mechanical device, or other means.

An establishment which provides the services of massage, except where operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth or a qualified massage therapist. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. "Massage establishment" shall not include adult establishments as defined herein.

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage, and no processing, manufacturing, sales, research and development testing, service and repair or other non-storage activities shall be permitted.

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. Mobile homes do not include recreational vehicles.

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, which is sold or leased by the park owner to the occupants of the mobile home erected on the lot.

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

A dwelling unit in a new residential subdivision, typically built first and used as a sales office for the development.

A telecommunication tower consisting of a single pole constructed without guy wires.

See "funeral home."

See "hotel, full-service" or "hotel, limited-service," as applicable.

A self-propelled device, except that which uses human power only, used for the transporting of persons or goods. This would include automobiles, trucks, boats, trailers, farm equipment, all-terrain vehicles, dune buggies, and snowmobiles.

An open area, other than a public or private street, right-of-way or driveway, used for the display or sale or lease of new and used motor vehicles, boats, trucks, trailers, recreational vehicles, farm equipment, construction equipment, and accessories and where no repair work is done.

Any premises or structure used for the sale, lease or renting of motor vehicles, boats, trucks, trailers, recreational vehicles, farm equipment, construction equipment, and accessories.

Any premises used for supplying gasoline, oil, motor vehicle accessories, motor vehicle services or motor vehicle repairs.

Any premises used for the washing and/or cleaning of motor vehicles, boats, trailers, and accessories.

The dismantling or wrecking of used motor vehicles, trucks, trailers, farm equipment, or construction equipment, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles and equipment or their parts.

A licensed, motorized vehicle designed for transportation of commodities, merchandise, produce, freight, animals, or passengers and operated in conjunction with a business, occupation, or home occupation. This term shall include, but is not limited to, automobiles, trucks, tractor-trailers, and vans.

See "Municipalities Planning Code."

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Borough of Akron.

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.

Borough of Akron, Lancaster County, Pennsylvania.

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, or pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

A facility for human ailments operated by a group of state-licensed physicians, dentists, chiropractors, or other licensed practitioners for the treatment and examination of outpatients, provided that no patients shall be kept overnight on the premises. As an accessory use, this use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

A facility where the primary use is conducting the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use. "Professional office use" shall not include medical or dental offices.

The required ground surface which must remain uncovered by building and/or paved surfaces, the extent of which is expressed as a percentage of the lot size.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

The Pennsylvania Department of Conservation and Natural Resources.

The Pennsylvania Department of Environmental Protection.

The Pennsylvania Uniform Construction Code.

A tract of land designated and used for active or passive recreation.

An unroofed area or courtyard which shall not be completely enclosed, except for any side which may adjoin a structure or be lined by fences, walls, shrubs, or hedges. Outdoor areas covered by a roof, trellis, or fixed awning shall be considered to be a structure and not a patio. For the purposes of this chapter, a patio is considered to be an impervious surface and not part of the principal building.

Any impervious paving or other durable surface for, including but not limited to, driveways, sidewalks, and parking facilities, exclusive of the building footprint, the permitted extent of which is expressed as a percentage of the lot size.

Pennsylvania Department of Transportation.

A license issued by the recognized official or authoritative agency, as specified in the respective regulations, which permits the applicant to proceed with the work certified by said official or authoritative agency in the permit application.

Shops, including but not limited to a barber, beauty shop, nail salon, tailor, dressmaking, shoe repair, photographer, travel agency or similar service uses, including a dry-cleaning storefront for pickup and drop-off, but excluding a dry-cleaning establishment. This definition includes incidental uses and additional related cosmetic and/or beauty services such as facials, waxing and the minor retail sale of cosmetic products. Personal service businesses do not include adult establishments as defined herein.

A roofed-over structure projecting from the front, side, or rear wall of a building. For the purpose of this chapter, a porch is considered a part of the principal building and is not permitted to extend into any required yards.

Persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

A formal meeting held pursuant to public notice by the Akron Borough Council, intended to inform and obtain public comment, prior to taking action in accordance with the Borough provisions.

A notice of a public hearing and/or meeting published in accordance with the Pennsylvania Municipalities Planning Code, as amended.

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

A small structure with a roof used by passengers awaiting the arrival of public transportation that provides cover or protection, as from weather. Any associated advertisements shall comply with the appropriate sign regulations for a public use.

Public and nonprofit semipublic use of a welfare and educational nature, such as schools, parks, houses of worship, cemeteries, historical landmarks, and nonprofit recreational facilities. For the purposes of this definition, fire stations and public utilities shall be considered municipal uses.

A use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service or similar services. A public utility shall not include cellular telephone transmission facilities and similar facilities or entities which are not governmentally owned and operated or not regulated by the Public Utility Commission.

Any facility, equipment, or structure necessary to conduct a service by a government or public utility, including telephone, electric, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves, or structures; sewer pipes, valves, or structures; pumping stations; telephone exchanges and repeater stations; and microwave antenna and related structures. This definition does not include line replacement installations.

A municipal water supply system or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

An individual who:

A vehicular-type portable structure without permanent foundation, which can be towed, hauled, or driven and is designed primarily as a temporary living accommodation for recreational, camping, and travel use and includes but is not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

A public eating place primarily offering indoor or outdoor counter or table service seating and custom-prepared foods for on-premises consumption.

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed in automobiles parked on the premises, whether brought to said automobiles by the customers or by the employees of the restaurant, or for consumption at some location other than inside the restaurant building itself.

An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. Such establishments do not provide waiter or waitress service. It is not to include the sale of alcoholic beverages. It often includes drive-through or carry-out facilities.

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult establishments or body art establishments as defined herein.

Business establishments whose principal activities involve the display and sale of goods and products to the general public. This term shall not include adult establishments or body art establishments as defined herein.

Establishments providing services or entertainment, as opposed to goods or merchandise, to the general public. This term shall include personal service businesses, but not include adult establishments or body art establishments as defined herein.

The total width of any land reserved or dedicated as a street, alley, pedestrian way, or for other public or private use.

A parabolic reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite.

A secondary or higher education facility teaching primarily usable skills that prepares students for jobs in business.

Any school licensed by the Pennsylvania Department of Education and which meets the requirements for elementary education for grades K through 6.

Any school licensed by the Pennsylvania Department of Education and which is authorized to award diplomas for secondary education for grades 7 through 12.

Whenever the word "seats" is referred to, it shall mean the seating capacity of a particular building as determined by the plans filed with the Zoning Officer; in the event individual seats are not provided, each 20 inches of benches or similar accommodations shall be considered as one seat for the purpose of this chapter.

The required horizontal distance between a setback line and a property or street right-of-way line.

A line within a property and parallel to a property or street line which delineates the required minimum distance between a structure and that property or street line.

The required minimum yard area contained between the street right-of-way line, private street, or common open space (when such principal structure is oriented towards the common open space) and the principal structure. On corner lots, there shall be two front yards, being the area contained between the street right-of-way lines and the principal structure.

The required minimum yard area contained between the rear property line and the principal structure. On corner and reverse-frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address.

The required minimum yard area between a principal structure and the adjacent side lot line, extending from the front yard to the rear yard.

Without limitation, any artificial or simulated specified anatomical area or other devices or paraphernalia that are designed in whole or part for specified sexual activities.

A fully furnished single-family or portion of a single-family dwelling owned by an Akron Borough resident that is rented on a short-term basis to registered guests for a period less than 30 days.

A paved, surfaced, or leveled area, paralleling and usually separated from the vehicular travelway, that is an integral part of the right-of-way and used as a pedestrian walkway.

The length of road visible to the driver of a passenger vehicle at any given point in the road when viewing is unobstructed.

A triangle-shaped portion of land established at a street intersection on which nothing above 30 inches shall be erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the clear sight distance of motorists entering or leaving the intersection.

A device for visual communication that is used to bring the subject to the attention of the public. Signs include lettering, logos, trademarks, or other symbols which are an integral part of the architectural design of a building, which are applied to a building, or which are located elsewhere on the premises; flags and insignia of civic, charitable, religious, fraternal, patriotic, or similar organizations; insignia or flags of governments or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar materials; and inflatable objects. Signs do not include architectural features which may be identified with a particular business; backlit awnings that include no lettering, logos, or other symbols; signs within a building which are obviously intended to be seen primarily from within the building; outdoor signs intended for use within a property, such as menu signs by fast-food restaurant drive-through lanes; signs with regulations within a park; decorative seasonal and holiday banners on residential properties; and displays of merchandise either behind store windows or outdoors. Refer to Part 11 for individual sign definitions.

A temporary event held indoors or outdoors on private or public property, such as an auction, flea market, festival, carnival, meal, holiday event or fund-raising event, but not including any recurring event, such as sporting or social events.

A use to be permitted or denied by the Akron Borough Zoning Hearing Board in a particular zoning district pursuant to expressed standards and criteria.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areolae, and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

For the purposes of this chapter, this term shall include any of the following:

The Official Borough of Akron Stormwater Management Ordinance.[3]

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it, and including basements used for the principal use.

The vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, when there is not a ceiling, to the top of the roof rafters.

A strip of land, including the entire right-of-way, publicly or privately owned, serving primarily as a means of vehicular and pedestrian travel, and furnishing access to abutting properties, which may also be used to provide space for sewers, public utilities, street trees, and sidewalks.

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the right-of-way line.

A street not offered for dedication or whose dedication was not accepted by the Borough.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, but not limited to, buildings, sheds, cabins, mobile homes, trailers, dams, culverts, roads, railroads, bridges, storage tanks, solar energy systems, wind energy systems, signs and transmission or receiving towers or dishes.

A detached subordinate structure, the use of which is customarily incidental and subordinate to that of the principal structure or building and which is located on the same lot as that occupied by the principal building or structure.

Any structure, building, silo, smokestack, water tower, utility or power pole, church steeple, or a support structure other than an existing antenna tower or telecommunications tower.

The vertical distance from the average grade to the top of the highest point of structures, other than principal or accessory buildings, such as, but not limited to, telecommunications towers, light poles, flagpoles, silos, and water tanks.

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 hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

A structure in which is conducted the principal use of the lot on which the structure is located, including any attached structures, such as garages, decks, patios, etc.

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.

The Official Akron Borough Subdivision and Land Development Ordinance.[4]

A professional land surveyor licensed in the Commonwealth of Pennsylvania.

Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. Farm ponds and/or lakes are not included.

Any open or enclosed place open to the public for swimming or recreational bathing, whether or not a fee is charged for admission or for the use thereof.

A facility containing antennas and towers, either individually or together, including all incidental structures and fenced areas.

A structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, on which is located one or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common-carrier towers, and cellular telephone towers.

The height of a telecommunications tower shall be measured from the average grade at the tower base to the highest point of the tower. The average grade shall be the average grade existing at the time of construction or the average grade existing prior to construction and prior to any earth disturbance at the site. No person(s) shall artificially increase the maximum height of a telecommunications tower by altering the grade at the base of the tower by any means. Overall antenna tower height includes the base pad, mounting structures, whip antennas and panel antennas, but shall exclude lightning rods.

An antenna mounted on an existing structure, building, silo, smokestack, water tower, utility or power pole, or a support structure other than an existing antenna tower or telecommunications tower.

A structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment on which a telecommunications tower or an attached telecommunications tower may be located.

A portable, vehicular structure built on a chassis and designed for travel, recreation, or hauling.

The specific purpose for which land, a structure, a sign or a building is arranged, designed, or intended or for which either land, a structure, a sign or a building is or may be used, occupied, or maintained. The term "permitted use" or "uses by right" or equivalent shall not be deemed to include any nonconforming use.

A use customarily incidental and subordinate to the principal use of the land or principal building and located on the same lot with such principal use or principal building.

A permitted use as distinguished from a use not requiring a special exception or conditional use.

An alteration of a building, structure or tract of land which changes the use heretofore existing to a new use classification.

A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.

A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Borough Council after recommendations by the Planning Commission.

A development which combines residential and nonresidential uses within the same building or on the same lot, planned and designed as a complex of related structures and circulation (vehicular and pedestrian) patterns, and designed, constructed, or managed as a total entity with customer and employee parking provided on site and with provision for delivery of goods separate from customer access.

Those uses and facilities designed to furnish necessary support for the general public health, safety and welfare of a municipality that are typically the responsibility of local governments or local government authorities. Such uses shall include, but shall not be limited to:

A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.

The primary use of a building, structure, or lot.

An existing or proposed dwelling or dwelling unit(s) on a lot, to include a single-family detached dwelling, single-family semidetached dwelling, duplex dwelling, quadruplex dwelling, multiple-family dwelling, townhouse dwelling and apartment dwellings. This definition also includes residential units located on upper floors above commercial uses.

Any use not to exceed 180 consecutive days.

Relief of any provision of this chapter granted by the Zoning Hearing Board.

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. Boarding of such animals shall be for medical or surgical treatment. No outdoor boarding of animals is permitted.

The vertical distance from the foundation wall or other immediate support of such wall to the top of the wall.

A man-made structure erected for purposes of property delineation, decoration, or enclosure, that is not part of a building or other structure and is typically constructed of brick or stone. This definition shall not include retaining walls.

A structure that holds back earth or water from a building or other structure. Retaining walls stabilize soil and/or rock from downslope movement or erosion and provide support for vertical or near-vertical grade changes. Retaining walls are generally made of masonry, stone, brick, concrete, vinyl, steel or timber. Retaining wall designs must be certified by a professional engineer licensed in the Commonwealth of Pennsylvania.

A facility for handling goods, with or without maintenance facilities.

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

Establishments which are engaged in selling merchandise at reduced or wholesale prices to their club members only.

Establishments engaged primarily in selling and/or renting 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 and/or renting merchandise to, such individuals or companies, but not excluding related retail sales and/or rentals which comprise less than half of their business activities.

An energy conversion system which converts wind energy to mechanical or electrical energy, consisting of a wind turbine, a tower, blades and associated controls and appurtenances that convert wind energy to a usable form of energy to meet all or part of the energy requirements of the on-site user and which has a rated capacity that does not exceed the rated capacity appropriate to the on-site user.

The distance measured from the ground surface of the wind energy system tower base to the highest point of the extended blade tip or highest point of the wind energy system.

The parts of a wind energy system, including the blades, generator, and tail.

Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services that currently exist or that may in the future be developed.

An open, unoccupied space, other than a courtyard, that lies between the principal building or buildings and the lot lines.

All garden residues, shrubbery, tree prunings of less than 1/4 inch, sod and similar materials, grass clippings and leaves.

The least distance at any point, measured at grade from and parallel to a lot line, to the building line.

The designation of specified districts within the Borough, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements.

The Official Borough of Akron Zoning Map.[5]

The person appointed by the Akron Borough Council who is charged with the administration and enforcement of this chapter.

The Official Borough of Akron Zoning Ordinance.

A written statement issued by the Zoning Officer authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.