The following words and phrases shall have the particular meaning specified for the purpose of interpreting this chapter:
ACCESSA means of providing vehicular or pedestrian ingress and egress to and from a property.
ACCESSORY USE OR STRUCTUREA use or structure, located on the same lot with the principal use or structure, that is subordinate and incidental to the principal structure or use of the property and that may occupy a separate structure and/or area on or in the ground, including, but not limited to, storage sheds or other storage structures; off-street parking; signs; off-street loading; gazebos; children's playhouses; greenhouses for personal use; garages; carports; swimming pools; attached and detached decks; fences and similar structures.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of nudity or sexual conduct, as defined herein.
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock and trade in, or an establishment that as one of its principal business purposes offers for sale or rental, any of the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, CD-ROM discs or other computer software, and other visual representations that are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity or sexual conduct, as defined herein, and in conjunction therewith may have viewing booths or other facilities for the presentation of adult entertainment for observation by patrons; or
B. Instruments, devices or paraphernalia that are designed for use in connection with nudity or sexual conduct, as defined herein.
ADULT BUSINESSAny of the following uses, as defined herein: adult arcade, adult bookstore, adult cabaret, adult novelty store, adult video store, adult live theater, adult mini motion-picture theater, adult motel, adult motion-picture theater, adult newsrack, adult nightclub, bath house, body painting studio, drug paraphernalia stores, escort service, massage parlor, nude model studio or sexual encounter or meditation center; and any other use of a premises, not specifically defined herein, that includes or primarily offers to its patrons or members retail goods, commercial services or entertainment that is characterized by an emphasis on matter or activities depicting, describing or relating to nudity or sexual conduct, as defined herein.
ADULT CABARETA club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting nudity or sexual conduct, as defined herein.
ADULT ENTERTAINMENTMovies, videos, still or motion pictures, photographs, slides, films or other visual representation, books, magazines or other printed material or live dramatic, musical or dance performances that are sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATERAny commercial establishment which features live shows for public viewing in which all, or some, of the performers are displaying nudity or engaging in sexual conduct, as defined herein.
ADULT MINI-MOTION-PICTURE THEATERA completely enclosed building, as defined herein, with a capacity for accommodating fewer than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual conduct, as defined herein.
ADULT MOTELA hotel or motel presenting adult motion pictures by means of closed circuit television, the material being presented having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual conduct, as defined herein.
ADULT MOTION-PICTURE THEATERA completely enclosed building, as defined herein, with a capacity for accommodating 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual conduct, as defined herein, for observation by patrons therein.
ADULT NEWSRACKAny coin-operated machine or device that dispenses printed material substantially devoted to the depiction of nudity or sexual conduct, as defined herein.
ADULT NIGHTCLUBAny establishment which serves food and/or beverages, including private clubs, whether or not the consumption of alcoholic beverages is allowed on the premises, which offers entertainment, either live or recorded, which exhibits nudity or sexual conduct, as defined herein, or which provides service by wait persons who exhibit nudity or sexual conduct, as defined herein.
ADULT NOVELTY STOREAny commercial establishment offering one or more of the following items for sale to the general public: apparel, accessories and performance aids used to enhance or participate in sexual conduct, as defined herein.
ADULT VIDEO STOREAny commercial establishment where more than 5% of the inventory offered for sale or rental to the public consists of films, tapes, DVDs or other visual media that depict nudity or sexual conduct, as defined herein.
AGRICULTUREAny principal or accessory use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture, or animal or poultry husbandry. Accessory uses permitted in conjunction with agriculture may include barns, stables, corn cribs, silos and other uses or structures that are clearly related to an agricultural operation.
AISLEA paved area of a minimum width specified by this chapter that provides direct access to one or two rows of parking spaces and connects those parking spaces with the driveways that provide circulation through a parking area.
ALTERATIONA. Any change, rearrangement or addition to or any relocation of a building or structure.
B. Any modification in construction features or equipment utilized.
APARTMENTSee "dwelling types," Subsection C, Multifamily dwelling.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTAny application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
ART STUDIOSee "studio, art, music or photography."
ASSISTED-LIVING FACILITYA residential building or group of buildings designed to provide multifamily dwelling units for elderly or physically or mentally disabled persons who are independently mobile and are not in need of the level of service provided by a personal-care boarding home, but that provides on-site supervision and assistance available to the residents on an occasional, "as-needed" basis, and where at least one meal each day is provided in a common dining area. Because of the common dining facilities, dwelling units may not be designed to include a full kitchen; however, they are designed with certain additional features associated with the needs of the elderly that are not customary in the construction of conventional multifamily dwelling units, such as emergency call systems, common dining facilities, common laundry facilities, minimal housekeeping services, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.
AUTOMOBILE SERVICE STATIONA retail establishment that provides for one or more of the following activities:
A. The servicing of motor vehicles and operations incidental thereto and limited to the retail sale of petroleum products, and that may include one or more of the following activities: retail sales and installation of automotive accessories; automobile washing by hand; undercoating and rustproofing; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, changing and replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; and state inspection; and/or
B. The following operations, if conducted within a completely enclosed building, as defined by this chapter: lubrication of motor vehicles; replacement of exhaust systems; brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the testing, adjustment and replacement or servicing of carburetors, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring; and/or
C. The operation of a convenience food store, provided retail sale of petroleum products is a part of the operation.
BAKERYA retail establishment that sells baked goods, including the baking of goods when prepared for retail sales on the premises only and not for distribution to another retail outlet.
BAKERY, COMMERCIALA retail or wholesale establishment which sells baked goods to businesses and which may sell to the general public and which involves on-site processing of baked goods, either for sale on the premises and/or for delivery to other retail or wholesale outlets.
BATH HOUSEAn establishment that provides baths of all kinds, including methods of hydrotherapy involving nudity or sexual conduct, as defined herein, but not including hydrotherapy treatment practiced by or under the supervision of a medical practitioner, such as a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
BED-AND-BREAKFASTA dwelling that is the principal residence of the operator where no more than four sleeping rooms are offered to transient overnight guests for compensation and where the only meal served and included with the overnight accommodations is breakfast.
BEVERAGE DISTRIBUTORAn establishment, licensed by the commonwealth for retail and wholesale sales by the case to businesses and the general public of beer and other malt beverages, soft drinks and snacks, but not including the sale of wine or liquor.
BIKING/HIKING TRAILA paved or unpaved pathway used for walking or traveling by bicycle for exercise or recreation where motorized vehicles are prohibited except for emergency vehicles or maintenance vehicles.
BILLBOARDAs defined in §
220-117.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BOARDAll references to "the Board" are to the Zoning Hearing Board created by this chapter.
BOAT RENTAL, SALES AND SERVICEA retail business devoted to the selling and servicing of motorized and nonmotorized pleasure craft, including the equipment and accessories necessary to the towing, use and operation of the boat.
BODY PAINTING STUDIOAny establishment that provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body in a state of nudity, as defined herein.
BUFFER AREAA landscaped area of a certain depth specified by this chapter that shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material or an existing natural or constructed natural barrier which may be determined by City Council to duplicate the effect of the required buffer area.
BUILDINGAny permanent structure having a roof supported by columns or by walls erected permanently and intended for the shelter, housing and/or enclosure of persons, animals or other property. (See also "completely enclosed building.")
BUILDING CODE OFFICIALSee "Building Inspector."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING FOOTPRINTThe area of the lot expressed in square feet that is covered by the ground floor of a building, measured between exterior faces of walls. If the floor area of any upper floor exceeds the floor area of the ground floor by more than 10%, the upper floor shall be used to determine the building footprint.
BUILDING INSPECTORThat person appointed by City Council and charged with the responsibility of administering and enforcing the Uniform Construction Code (UCC).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING PERMITA permit issued by the City Building Inspector pursuant to the authority granted by and in conformance with the requirements of the Uniform Construction Code (UCC).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING SETBACK LINEAn established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.
BULK FUELING FACILITYThe storage of large quantities of petroleum products for subsequent transportation and distribution of smaller quantities of petroleum products to wholesale or retail dealers.
BUSINESS OR PROFESSIONAL OFFICESAny office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions. (See also "medical offices" and "medical clinic.")
BUSINESS SERVICESEstablishments engaged in providing services to business offices on a fee or contract basis, including, but not limited to advertising and public relations; management and consulting services; employment services; building security and maintenance services; equipment servicing, rental/leasing and sales; computer and data processing services; mailing, photocopying, quick printing and fax services; sale of office supplies; and similar business services, but not including the rental, sale or repair of vehicles or heavy equipment.
CAR WASHA facility, whether automatic, semiautomatic or manual, for washing and polishing vehicles.
CARPORTAn attached or detached structure to house or protect motor vehicles, that is open to the weather for at least 40% of the total area of its sides.
CARTWAYThat portion of the street right-of-way that is surfaced for vehicular use, excluding curbs and shoulders.
CATERING SERVICEA business that provides the preparation and serving of food for businesses, groups or individuals for special occasions, usually delivered for consumption off the premises, but which may include a rental hall, if specifically authorized by this chapter in the list of authorized uses.
CEMETERYProperty used for interring of dead persons or domestic pets, including mausoleums, columbariums, crematories and funeral homes when operated in conjunction with and within the boundaries of the cemetery.
CERTIFICATE OF OCCUPANCYA document issued by the Code Enforcement Officer indicating that a premises for which a building permit has been issued is ready for occupancy and is in compliance with the provisions of this chapter.
CHANGE IN USE OR OCCUPANCYThe discontinuance of a use of a building or lot followed by the establishment of a different use, whether by the same owner or tenant or by a new owner or tenant.
CHURCHA building or buildings, other than a dwelling, used primarily as a place of worship on a regular basis by a religious denomination that may also include, as accessory uses, rooms for religious education, social and recreational activities and administrative offices, rectories, parsonages, convents, preschool programs and elderly or child day-care centers.
CLEAR SIGHT TRIANGLEA triangular area of unobstructed vision between three feet and seven feet above the adjacent ground level measured from the point of intersection of the edge of a driveway and the street right-of-way line or the point of intersection of two street rights-of-way for the distance required by this chapter. (See illustration in Appendix A.)
CODE ENFORCEMENT OFFICERA person appointed by City Council to enforce the provisions of various chapters of the Code of the City.
COMMERCIALA business, enterprise, activity or other undertaking engaged in for a profit.
COMMERCIAL VEHICLEA motor vehicle licensed by the Department of Transportation, Commonwealth of Pennsylvania, having a gross vehicle weight (GVW) in excess of 10,000 pounds; or any other vehicle either motorized, self-propelled or designed to be towed by another vehicle for use in commercial or industrial enterprises, such as air compressors, welding units and the like; or any and all earthmoving equipment, such as bulldozers, hi-lifts, backhoes, ditching equipment and the like.
COMMUNICATIONS ANTENNAAny structure designed for transmitting or receiving wireless communications of video, voice, data and similar transmissions, including, but not limited to omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas that may be mounted on an existing building, an existing public utility storage or transmission structure or an existing communications tower, excluding transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.
COMMUNICATIONS TOWERAny structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform, multipoint or side-arm mounts and pipe mounts for microwave dish antennas.
COMPARABLE USE NOT SPECIFICALLY LISTEDA use which is not specifically listed in a particular zoning district, but which is determined by the Zoning Hearing Board in accordance with the express standards and criteria set forth in this chapter to be similar in characteristics and impacts to another use which is specifically listed in the same zoning district as a permitted use or use by special exception.
COMPLETELY ENCLOSED BUILDINGA building designed and constructed so that all exterior walls shall be solid from the ground to the roof line, containing no openings except for windows and doors that are designed so that they may be closed and any other small openings required for the ventilation system.
COMPREHENSIVE PLANThe Comprehensive Plan of the City of Bradford which guides the physical development of the City and which consists of maps, charts and textual matter in accordance with the provisions of the Pennsylvania Municipalities Planning Code (MPC).
CONSTRUCTION TRAILER, TEMPORARYA structure designed, used or constructed, to provide temporary offices for construction supervision on the site of an approved subdivision or land development during the time that a valid building permit or grading permit is in effect.
CONTRACTING BUSINESSThe administrative offices of a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis and that may include the storage of materials, equipment and vehicles, provided all materials, equipment and vehicles are stored within a completely enclosed building, as defined herein.
CONTRACTOR'S YARDAn establishment which may or may not include administrative offices for a business that provides landscaping, construction, remodeling, home improvements, land development and related services on a contractual basis, but which involves the storage either indoors or outdoors, of materials, equipment and vehicles used in the business.
CONVERSION APARTMENTA dwelling unit created within an existing single-family dwelling by structurally adapting the structure in accordance with the provisions of this chapter.
COUNCILAll references to the "Council" are to the City Council of the City of Bradford, McKean County, Pennsylvania.
COUNTYMcKean County, Pennsylvania.
CREMATORIUMAn establishment containing a furnace designed to cremate or reduce to ashes human remains of the deceased.
CUSTOM CRAFT SHOPAn establishment where an artisan practices a trade or handicraft that may involve the fabricating of finished products from raw materials on a small scale, not involving any automated production and not employing more than five persons, including the artisan.
CUSTOM PRINT SHOPAn establishment engaged in offset printing, photolithographing or similar techniques used to produce T-shirts, greeting cards, invitations, business cards, calendars, mugs and similar promotional items according to special designs requested by the customer.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. (See Appendix B.)
DAY-CARE CENTERA facility licensed by the commonwealth in which care is provided for seven or more children under the age of 16 or handicapped or elderly persons at any one time, where the day-care areas are not being used as a family residence.
DAY SPAA business establishment which provides one or more of the following services to customers who do not stay overnight on the premises: massage therapy, facials, body wraps, tanning, steam or sauna baths, herbal treatments, hair styling, manicure, pedicure, nutritional counseling, yoga, exercise, aromatherapy, reflexology and relaxation therapy.
DEVELOPERAny landowner, or 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.
DEVELOPMENTAny man-made change to an improved or unimproved land or water area, including, but not limited to construction of buildings or structures or additions thereto, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLANA graphic and written presentation of a proposed development, including a plat of subdivision and all provisions relating to use, location and bulk of buildings and other structures, intensity of use of density of development, streets, parking facilities, common open space and public facilities.
DIRECT VEHICULAR ACCESSA curb cut on or a private driveway leading directly to a public street right-of-way. In the case of the requirement for direct vehicular access to an arterial or collector street, the point of access shall be onto the arterial or collector street without traversing any other public street right-of-way.
DOMESTIC PETSAnimals or birds customarily found in a dwelling and kept for company or pleasure, including no more than four dogs and/or cats that are more than six months of age; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, excluding any exotic animals, including, but not limited to, lions, tigers, bears, ocelots or other feral cats, large or poisonous snakes, alligators, monkeys or other animals normally found in a zoo; and excluding any horses, pigs, chickens or other fowl or livestock customarily found on a farm, except as may be authorized by Chapter
70 of the Code.
DOMICILIARY CARECare provided in the provider's dwelling unit to no more than three persons aged 18 years or older who need assistance with daily activities and are unable to live alone, where the provider and the dwelling unit are certified by the Area Agency on Aging.
DRIVE-THROUGH FACILITYAny principal or accessory use which involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including, but not limited to: drive-in or drive-through windows at fast-food restaurants or other businesses, exterior automated teller machines (ATMs), quick oil-change facilities, car washes and similar automotive services and other such facilities.
DRIVEWAYA private vehicular way providing access between a street and a parking area or garage located on a lot.
DRUG PARAPHERNALIA STOREAny retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of is subject to the provisions of the Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, 51 et seq., 35 P.S. § 780-101 et seq., including, but not limited to, water pipes, pipe screens, hashish pipes, roach clips, coke spoons, bongs and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
DRUG STOREA retail establishment with a gross floor area of 10,000 square feet or more which sells prescription drugs, patent medicines, surgical and sickroom supplies and which also may sell cosmetics, household goods and a limited selection of food products.
DRY-CLEANING OR LAUNDRY PICKUP STOREA retail store where customers drop off and pick up clothing and household items for dry cleaning or laundering that does not involve any dry cleaning on the premises, but that may include tailoring or pressing on the premises.
DWELLINGAny building designed or used as permanent living quarters for one or more families, but not including hotels, motels or boarding houses.
DWELLING TYPESThe following dwelling types are included in this chapter:
A. SINGLE-FAMILY DWELLINGA detached residential building that is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
B. TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other or two one-family dwellings having a party wall in common.
C. MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more separate dwelling units, including townhouses, garden apartments, mid-rise apartments and high-rise apartments.
D. GARDEN APARTMENTA multifamily residential building no more than three stories in height containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
E. MID-RISE APARTMENTA residential building comprised of multifamily dwelling units containing at least four, but no more than six stories.
F. HIGH-RISE APARTMENTA residential building comprised of multifamily dwellings containing at least seven, but no more than nine stories.
G. MODULAR DWELLINGA factory-fabricated single-family dwelling that is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together. Such dwellings shall be certified as meeting the minimum standards for manufactured housing in Pennsylvania. Modular dwellings shall be permitted wherever single-family dwellings are allowed, provided they are installed on a permanent foundation and connected to all available utilities.
H. TOWNHOUSEA multifamily residential building that contains at least three, but no more than eight dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
I. GUEST HOUSEA small, separate house on the grounds of a larger one, used for accommodating guests.
[Added 3-26-2019 by Ord. No. 3231.2]
DWELLING UNITOne or more rooms that are used as living quarters for one family and that have permanent facilities for sleeping, cooking and eating, as well as sanitary facilities.
EASEMENTA grant of the specified use of a parcel of land to the public, a corporation or person in which no permanent structures shall be permitted without the permission of all parties having rights to the easement.
EATING OR DRINKING ESTABLISHMENTRetail businesses selling food and drink for consumption on the premises, including bars or taverns, fast-service restaurants and full-service restaurants.
EDUCATIONAL STUDIOAn establishment that provides training to individuals or groups in specialized recreational activities or avocations, including, but not limited to, dance, gymnastics, martial arts, photography, music, arts and crafts and similar pursuits.
EFFECTIVE DATEThe date on which this chapter is duly adopted by the City or as specified in the ordinance so adopted.
EMPLOYEE CAFETERIA OR DINING ROOMAn eating establishment located within a business establishment which is restricted to employees of the business establishment and their invited guests.
ENGINEERA registered professional engineer licensed as such by the Commonwealth of Pennsylvania.
ENLARGEMENTAn increase in floor area of an existing building or an increase in size of an existing structure or an increase in the area of land used for an existing use that is conducted out of doors.
EQUIPMENT STORAGE YARDAn area of land devoted to the storage, whether temporary or permanent, of construction equipment, farm equipment or other heavy equipment or vehicles in excess of 26,000 pounds GVW.
ERECTEDIncludes built, constructed, reconstructed, moved upon or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the erection.
EROSIONThe removal of surface materials by the action of natural elements.
ESCORT SERVICEA business that provides a service by appointment or upon request where individuals leave one premises and go to another premises for a specified period of time for the purpose of engaging in nudity or sexual conduct as defined herein.
ESSENTIAL SERVICESThe provision by continuous conduit of distribution and collection systems by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of the City of Bradford of underground or overhead gas, electrical, telephone, steam, or water lines, sewers, fire alarm boxes, traffic signals, hydrants, cable TV (not including towers) and accessories in connection therewith, reasonably necessary to furnish adequate services within the City of Bradford to the general public.
FAMILYAn individual or two or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests thereof; or a group of not more than three unrelated persons living together without supervision in a dwelling unit; or a group of not more than eight persons protected by the provisions of the Fair Housing Act (42 U.S.C. § 3601 et seq., as now or hereafter amended) living together and maintaining a common household with supervision, provided those persons do not have a criminal record or do not constitute a direct threat to others or their physical property. "Family" shall not include persons living together in a group-care facility, personal-care boarding home or transitional dwelling, as defined herein, or any other supervised group living arrangement for persons other than those protected by the Fair Housing Act or for any persons who constitute a direct threat to others or their physical property.
FAMILY DAY-CARE HOMEA facility, licensed or approved by the commonwealth, as required by the laws of the commonwealth, located within a dwelling in which the operator resides, for the care on a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes and shall meet all applicable requirements for a home occupation.
FAMILY PLOTAny property used for interring dead persons or domestic pets, the use of which is restricted to the members of a family and which property is owned and operated by the members of that family.
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured or natural material or combination of materials erected for the enclosure of land and/or dividing one area of land from another. This definition shall not include retaining walls that are designed and approved in accordance with the City Grading Ordinance.
FINANCIAL INSTITUTIONA bank, savings and loan association or similar institution that lends money or is engaged in a finance-related business.
FIRE AND EMERGENCY MEDICAL SERVICESFacilities owned and operated by a public agency or nonprofit corporation used for the storage of fire trucks, firefighting equipment, ambulances and other emergency medical equipment and for the training of firefighters, paramedics and other medical rescue personnel and that may or may not include offices, meeting rooms, exercise rooms, sleeping quarters for the employees and volunteers, kitchen facilities and a social hall.
FLOODPLAINAreas adjoining any rivers, streams, ponds or lakes subject to the 100-year-recurrence-interval flood as delineated by the U.S. Army Corps of Engineers or subject to erosion caused by a 100-year-recurrence-interval flood, as well as any areas identified in the future by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines subject to the review and approval of a professional engineer selected by the City.
FLOOR AREA, GROSSThe sum of all the horizontal floor areas of a building, measured between exterior faces of walls.
FLOOR AREA, HABITABLETotal floor area of all rooms in a dwelling used for living, sleeping, cooking or eating purposes, excluding laundry, bathrooms, closets, pantries or other storage areas, foyers, hallways, garages and unfinished basement areas.
FLOOR AREA, NETThe total floor area of a building designed for tenant occupancy, or areas accessible to the customers, clients or general public, but excluding storage areas, equipment rooms, food preparation areas in a restaurant and common areas such as halls, corridors, stairwells, elevator shafts, rest rooms, interior vehicular parking and loading areas and similar common areas, expressed in square feet and measured from the center line of joint partitions and exteriors of outside walls.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes that do not involve any land development.
FUNERAL HOMEA building used for the embalming of deceased human beings for burial and for the display of the deceased and ceremonies connected therewith before burial or cremation and which may include a crematorium as an accessory use.
GARAGE, PRIVATEAn accessory building or a portion of the principal building, not accessible to the general public and designed or used for shelter or storage of private vehicles and personal property of the occupants of the principal building and that may include the shelter or storage of no more than one private vehicle owned and used by others.
GARAGE, PUBLIC PARKINGA building, other than a private garage, containing two or more parking spaces accessible to the general public used for the storage or parking of motor vehicles, or where such vehicles are kept for remuneration, hire or sale, but not including the repair of vehicles or the storage of dismantled or wrecked motor vehicles.
GAS WELLSee "oil, gas or water intake wells."
GRADEThe mean elevation of the ground adjoining the building on all sides as referenced to the center line of abutting streets at the midpoint of the street lot line.
GREENHOUSE, COMMERCIALA retail business that sells flowers, plants, shrubs, trees and other natural flora and products that aid their growth and care and that may include a greenhouse and/or the growing of plant material outside on the lot.
GREENHOUSE, PRIVATEStructures used for the growing of flowers, plants, shrubs, trees and other natural flora for the personal use and enjoyment of the owners not involving the sale of any product.
GROUP-CARE FACILITYAny supervised long-term group living arrangement licensed by the commonwealth that provides room and board and specialized social, health and rehabilitation services, including twenty-four-hour supervision by staff qualified by the sponsoring agency, to any of the following permanent residents:
A. Persons who do not meet the definition of mentally or physically handicapped provided in the Fair Housing Amendments Act or the Americans with Disabilities Act;
B. Persons who do meet the definition of mentally or physically handicapped provided in the Fair Housing Amendments Act or the Americans with Disabilities Act living in an institutional setting and not maintaining a common household;
C. Persons who, whether handicapped or not, are criminal offenders, juvenile offenders or delinquents or who have been found by any governmental tribunal, court or agency to be a danger to society or who under the jurisdiction of the criminal justice system, a governmental bureau of corrections or similar agency or institution.
HALF STORYA story with a cubic content of not more than 50% of the cubic content of the first, or ground, story of the building.
HAZARDOUS MATERIALSAny material designated as a hazardous material under the terms and provisions of the Pennsylvania Solid Waste Management Act of 1980 and/or any regulations promulgated thereunder by the Pennsylvania Department of Environmental Protection (PA DEP) and designated as "hazardous materials."
HEALTH CLUB or FITNESS CENTERA commercial recreational enterprise or private club that has as a principal use a gymnasium, swimming pool or other sports facility and that may offer massages, whirlpool baths, steam rooms, saunas and/or medical facilities as accessory uses to the principal use.
HEIGHT OF BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs (a roof with a double pitch on all sides) and to the mean height between eaves and ridge for gable, hip and gambrel roofs. For the purpose of determining maximum permitted height for principal buildings, such measurement shall be made from the average finished grade at the front setback. For the purpose of side or rear yard determination, such measurement shall be made from the average finished grade of the wall extending along such side yard or rear yard.
HEIGHT OF SIGNThe vertical distance measured from the average elevation of the finished grade around the sign to the highest point on the sign and its supporting structure, including the foundation of the sign, if it is elevated above the ground level.
HEIGHT OF STRUCTUREFor structures other than buildings or signs, the vertical distance measured from the average elevation of the finished grade around the structure to the highest point on the structure.
HIGH TECHNOLOGY INDUSTRIESThe assembly of component parts or the production of finished products, excluding any process that involves toxic or highly volatile substances, including computer components and accessories; electrical parts, accessories and equipment; laboratory apparatus; robotics; optical instruments; precision instruments; surgical, medical and dental instruments and supplies; timers and timepieces; search detection and navigational equipment; musical instruments and photographic equipment and accessories.
HOME-BASED BUSINESS, NO-IMPACTA business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use of a dwelling for residential purposes and that involves no customer, client or patient traffic, whether vehicular or pedestrian, and no pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
HOME GARDENINGThe growing of flowers, plants or vegetables for consumption by the persons residing on the premises, including backyard composting for personal use.
HOME HEALTH CARE AGENCYAn organization or part thereof staffed and equipped to provide skilled nursing and at least one therapeutic service, such as physical therapy, occupational therapy, speech pathology, medical social services or home health aides, to disabled, aged, injured or sick persons on a part-time, intermittent basis in their own homes.
HOME OCCUPATIONAn accessory use of a service character, other than a no-impact home-based business, conducted entirely within a dwelling by the residents thereof, which use is clearly secondary to the use of the dwelling for living purposes and does not, in any way, change the character of the dwelling.
HOSPITALAn institution licensed by the commonwealth for the care of human patients suffering from physical or mental illnesses, and that may or may not include facilities for major surgery and that may be publicly or privately operated.
HOT TUB or JACUZZIAn aboveground receptacle smaller in area or depth than a swimming pool, filled with water and used as a whirlpool bath or for soaking, socializing and recreational bathing.
HOTELSee "motel, hotel or resort."
INDEPENDENT LIVING FACILITYA residential building or group of buildings designed to provide housing for elderly or senior citizens, who are independently mobile and not in need of supervision, comprised of multifamily dwelling units with full kitchens, but that also include certain design features associated with the needs of elderly or senior citizens not customary in the construction of conventional multifamily dwellings, such as emergency call systems, handicapped facilities, minimal housekeeping and laundry services, common leisure and recreational services, personal services (beauty or barber shop or cleaner's valet), transportation services and similar supporting services for the convenience of the residents.
INDOOR ENTERTAINMENTA commercial establishment located within a completely enclosed building, as defined by this chapter, where customers or patrons engage in nonathletic leisure activities as spectators or participants, including, but not limited to, theaters (live and motion-picture), bowling alleys, pool halls, virtual reality and simulation gaming parlors, video arcades, dance halls and similar facilities, but excluding any adult business, as defined herein.
INFILL HOUSINGOne or more newly constructed dwelling units erected on a lot or lots where one or more deteriorated dwelling units previously existed prior to being demolished.
INNA dwelling which is not the principal residence of the operator where sleeping rooms are offered to transient overnight guests for compensation and where breakfast may be included with the overnight accommodations and where other meals may be served or provided to the guests and the general public.
[Added 3-26-2019 by Ord. No. 3231.2]
JUNKAny rubbish or scrap material, including all paper cartons, boxes, barrels, wood, excelsior, bedding, cans, metal, glass, crockery, mineral refuse, ashes and any similar substances, scrapped or used appliances or fixtures, discarded or unusable automobile parts, machinery and machinery parts or other similar material or any other form of discarded, unused or unusable materials, including building materials.
JUNKYARDAny premises devoted wholly or in part to the storage, buying or selling, sorting, exchanging, salvaging, recycling or otherwise handling or dealing in junk, as defined by this chapter.
KENNELAn establishment for the boarding, breeding or training of domestic pets for compensation.
LAND DEVELOPMENTAny of the following activities:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. The improvement of one lot or two or more contiguous lots, tracts or parcels for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively; or
(2) A single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(3) Any change of use or structural alteration that results in an increase in total lot coverage by structures and/or paving; or
(4) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
C. Development in accordance with Section 503(1.1) of the MPC, 53 P.S. § 10503(1.1).
LAND DEVELOPMENT PLANA plan prepared in accordance with the application requirements of Chapter
191, Subdivision and Land Development, for approval of a land development, as defined herein.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE ARCHITECTA registered professional landscape architect licensed as such by the Commonwealth of Pennsylvania.
LANDSCAPING PLANA plan prepared by a registered architect or landscape architect identifying each tree and shrub by size, type and scientific name; the location of each, including a planting diagram; and such other diagrams or reports as are necessary to show the method of planting, staking and mulching, grass seeding specification and mixtures and existing trees to be preserved, if any.
LANDSLIDE SUSCEPTIBILITYAreas of moderate to high susceptibility to landsliding produced by the influence of natural and/or man-made activity.
LAUNDROMATA retail business equipped with a number of individual clothes-washing machines, clothes dryers and that may include individual dry-cleaning machines for use by the general public, excluding laundry facilities provided as an accessory use in a multifamily residential building.
LOADING SPACEAn area within a principal building or on the same lot with the principal building designed in accordance with the requirements of this chapter and used for the standing, loading or unloading of tractor-trailer trucks and other vehicles.
LOTA designated parcel, tract or area of land described in a deed or other instrument recorded pursuant to the laws of the commonwealth intended to be used, developed or built upon as a unit.
LOT AREAThe total area within the lot lines, excluding the area within any street right-of-way.
LOT, CORNERA lot bounded on at least two sides by streets.
LOT, NONCONFORMINGAny lot which does not comply with the applicable area and bulk provisions of this chapter or amendment thereto, where such lot was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
LOT, THROUGHA lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.
LOT COVERAGEThat portion of the lot area covered by all principal and accessory structures expressed as a percentage.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT FRONTAGEThat portion of the lot that adjoins the street right-of-way or through which access is provided to a public street.
LOT LINEA line of record bounding a lot that divides one lot from another lot or from a public or private street or other public space.
LOT LINE, FRONTThat lot line that is contiguous with the street center line or the street right-of-way line. In the case of a lot that has no frontage on a street, the front lot line shall be the lot line through which vehicular access is provided, regardless of which way the dwelling faces. In the case where a lot has frontage on more than one street, the assessment roll of the City of Bradford shall determine the front lot line.
LOT LINE, REARThat lot line that is generally opposite the front lot line.
LOT LINE, SIDEAny lot line that is not a front lot line or rear lot line.
LOT OF RECORDAny lot that, individually, or as part of a subdivision, has been recorded in the office of the Recorder of Deeds of McKean County.
LOT WIDTHThe straight line distance between the point of intersection of the minimum required building setback line with the side lot lines.
MACHINE SHOPA work shop where a machinist fabricates, assembles or repairs parts and/or equipment.
MACHINE OR TOOL SALES OR RENTALA commercial establishment engaged in the sale or rental of tools or machinery used in construction or maintenance to contractors and the general public, but not including any vehicles or heavy equipment.
MANUFACTURED HOMEA factory built single-family dwelling that meets the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., intended for permanent occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MANUFACTURING, HEAVYThe mechanical or chemical transformation of raw materials or substances into new products or other raw materials or any manufacturing process not included in the definition of "light manufacturing" or "high-technology industries."
MANUFACTURING, LIGHTThe processing and fabrication of certain materials and products where no process involved will produce noise, vibration, water pollution, fire hazard or noxious emissions that will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, communications equipment; computer components and accessories; dolls, toys and sporting goods; electrical components and instruments, office machines, laboratory equipment and supplies; medical equipment and supplies; precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.
MASSAGE PARLORAny establishment that provides services of massage or body manipulation, including exercises, heat and light treatments of the body, and all forms of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth, but not including any 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 to the principal service.
MEDIATIONA voluntary negotiating process in which parties to a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement that the parties themselves create and consider acceptable.
MEDICAL CLINICAny establishment, including mobile diagnostic units, where human patients receive medical, dental, chiropractic, psychological and surgical diagnosis, treatment and counseling under the care of a group of licensed medical doctors and dentists and their supporting staff, where said patients are not provided with board or room or kept overnight on the premises.
MEDICAL OFFICEOne or more administrative offices of individual doctors, dentists, chiropractors or other medical practitioners and their supporting staff where human patients receive diagnosis, treatment and counseling.
MEDICAL RESEARCH FACILITYAn establishment for carrying on investigation in the natural, physical and social sciences which are directly related to the provision of health services to the general public, but not including any manufacturing or new product development.
MINI WAREHOUSE or SELF-STORAGE FACILITYA building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property.
MODEL HOMEThe temporary use of a dwelling unit in an approved plan that is under construction for the purpose of marketing dwelling units to be constructed.
MOTEL, HOTEL or RESORTAn establishment that offers transient overnight lodging accommodations, including extended stays, to the general public and that also may provide additional supporting services such as restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor.
[Amended 3-26-2019 by Ord. No. 3231.2]
MUSEUMAn establishment operated by a public agency or a nonprofit organization devoted to the procurement, preservation, study and display of documents, artifacts, memorabilia or other objects of social, historical or cultural significance.
NATURE CENTERAn indoor or outdoor place devoted to the study of the history and sciences related to the physical environment.
NATURE PRESERVEAn area of land protected either by governmental ownership or by conservation easements where human activities are limited and the existing natural habitats and environment are protected from man-made changes.
NEIGHBORHOOD RESIDENT PARKING LOTAn off-street parking area containing two or more parking spaces reserved for use by residents of the immediate residential area in which the parking area is located and their invited guests.
NONPROFIT SERVICE ORGANIZATIONAny agency, association or corporation that has § 501(c)(3) status under the Tax Code that provides services to the general public, including, but not limited to: social, recreational, rehabilitative, educational, emergency and similar services, including their administrative offices, classrooms, gymnasiums, meeting rooms and similar facilities for providing services, but not including group-care facilities, personal-care boarding homes, transitional dwellings or medical clinics as defined herein, or any form of permanent housing.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
B. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
C. Where no more than one nude model is on the premises at any one time.
NUDITYThe showing of the human male or female genitals, pubic areas, or buttocks with less than a fully opaque covering, or the showing of the female breasts with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
NURSING HOMEAn institution licensed by the commonwealth for the care of human patients requiring either skilled nursing or intermediate nursing care or both levels of care for a period exceeding 24 hours.
OFF-STREET PARKINGParking spaces required by this chapter to be located on private property in accordance with the requirements of Article
XV.
OFFICESSee "business or professional offices."
OIL, GAS OR WATER INTAKE WELLSThe drilling site authorized by a permit from the Pennsylvania Department of Environmental Protection (DEP) for the extraction of oil or gas resources or the drilling site for the production of potable water supply.
OPEN SPACEAn area of land or water on a development site in which no structures are permitted and that is set aside for the use and enjoyment of the general public or the owners and tenants of property that adjoins the open space.
OPEN STORAGEThe keeping of materials or equipment on a temporary or permanent basis outside a completely enclosed building.
OUTDOOR CAFEA use that is accessory to an eating or drinking establishment located outside a completely enclosed building where food and beverages are served to customers at tables in an outdoor setting.
OUTDOOR SALESAny display of merchandise outside a completely enclosed building which is offered for sale, regardless of whether the purchase is completed indoors or outdoors.
PA DEPPennsylvania Department of Environmental Protection, or its successor agency.
PARKING AREAA portion of a lot designated for the parking of motor vehicles in accordance with the requirements of this chapter.
PARKING SPACEA portion of a private garage, a public parking garage, a public parking lot, a parking area or, in the case of a single-family dwelling, two-family dwelling or townhouse, a portion of a driveway leading to a private garage designated for the parking of one motor vehicle in accordance with the requirements of this chapter.
PERMITTED USEAn authorized use specifically allowed as a matter of right subject to compliance with all applicable requirements of this chapter and land development plan approval, if applicable, and review and approval by the Zoning Officer.
PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.
PERSONAL-CARE BOARDING HOMEA dwelling or institution licensed by the commonwealth where room and board is provided to more than three permanent residents who are not relatives of the operator, and who are mobile or semi-mobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing or intermediate nursing care.
PERSONAL SERVICESAny enterprise providing services pertaining to the person, their apparel, or personal effects commonly carried on or about the person, including, but not limited to, shoe repair, tailoring, clothes cleaning, watch repairing, barber shops, beauty parlors and related activities, but not including any adult business, as defined herein.
PET GROOMINGAny establishment that offers services for domestic pets, including bathing, trimming, manicuring, massaging or other services to maintain the animals' wellbeing and which may sell pet care products and pet supplies as an accessory use, but not including a veterinary clinic or kennel, as defined herein.
PET SERVICESA business establishment that sells pet food and other pet care products to the general public and that may offer pet grooming and limited veterinary services as accessory uses; or a business establishment that offers care during part of a twenty-four-hour day of domestic pets as a principal use and that may sell food or other pet-care products as an accessory use.
PHARMACYA retail establishment which has a gross floor area of less than 10,000 square feet and which primarily sells prescription drugs, patent medicines, surgical and sickroom supplies.
PLACE OF ASSEMBLYAn indoor or outdoor space with or without fixed seating used for public gatherings for religious, recreational, educational, cultural, political, social or entertainment purposes.
PLANA survey of a lot upon which is shown the location of existing and/or proposed structures, existing contours, proposed grading, location and dimensions of yards, feasibility of proposals for the disposition of stormwater and sanitary waste, indications of zoning compliance, name of the applicant and landowner, area location map, dates of preparation and revisions, and evidence of preparation by an architect, landscape architect or engineer.
PLANNED SHOPPING CENTERA site under single ownership and control that is developed as a unit for two or more retail businesses in one or more buildings and designed with shared parking, loading and access facilities and uniform signage.
PLANNING COMMISSIONThe Planning Commission of the City of Bradford, McKean County, Pennsylvania.
PORCHA roofed or uncovered accessory structure without enclosing walls with an area of more than 24 square feet that is attached to or part of the principal building and which has direct access to and from the principal building.
PRESCHOOL FACILITYAn establishment that offers private educational services to children who are under the minimum age for education in public schools.
PRINTING ESTABLISHMENTAn establishment engaged in commercial or job printing, including offset printing, engraving, photolithographing, and publishing and binding books, newspapers, pamphlets and other printed materials.
PRIVATEOwned, operated or controlled by an individual, group of individuals, association or corporation, not for profit, and restricted to members and their guests.
PRIVATE CLUBAny establishment operated by a private organization for social, recreational, educational, fraternal or sororal purposes, which is open only to members and their guests and not to the general public, excluding any adult business, as defined herein.
PROFESSIONAL ENGINEERA qualified individual who is licensed as a professional engineer in a state or commonwealth in the United States.
PUBLICOwned, operated or controlled by a government agency, federal, state, county or local.
PUBLIC BUILDINGAny building owned or operated by a government agency, federal, state, county or local, used to provide services to the public, including administrative offices, public works buildings and storage yards, libraries, museums, senior centers, recreation buildings, government service centers and similar facilities. (See also "fire and emergency medical services" and "museum.")
PUBLIC HEARINGA formal meeting held pursuant to public notice by City Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of October 15, 1998 (P.L. 729, No. 93), known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the City. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC PARKING LOTA parking area on the surface of the ground that is the principal use on the lot, that may be operated by either a public agency or private entity, whether for profit or not, and that is available for use by the general public, usually for a fee.
PUBLIC UTILITY BUILDING OR STRUCTUREAny administrative building maintenance building, garage or other structure intended for human occupancy or storage of movable equipment or any part of the essential public utility installation, as defined herein, other than the general transmission distribution system provided by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of the City of Bradford that is reasonably necessary to furnish adequate services to the general public both within the City of Bradford and outside the City including, but not limited to, long-distance transmission facilities such as electrical power lines or high-pressure natural gas or petroleum lines, switching facilities, substation, treatment plants, reservoirs, water towers, transmission towers and similar facilities.
RECREATION, COMMERCIAL INDOORAn establishment operated by a profit-making corporation, partnership or other business entity for the pursuit of sports, amusement and recreational activities, available to the general public for a fee, where the principal use is conducted entirely within a completely enclosed building, including, but not limited to such principal uses as health or racquet and/or swim clubs, fitness centers, roller or ice rinks, karate schools, gymnasiums, arenas, sports courts or playing fields, bowling alleys, amusement arcades, virtual reality and simulation gaming parlors, billiard parlors, shooting ranges, dance halls, live or motion-picture theaters, but not including any adult business.
RECREATION, COMMERCIAL OUTDOORAn establishment operated by a profit-making corporation, partnership or other business entity for the pursuit of sports, amusement and recreational activities, available to the general public for a fee, where the principal use is outdoors, but which may include accessory uses that are indoors, including, but not limited to such principal uses as miniature golf courses, golf or batting practice facilities, ice rinks, roller blade parks, swimming pools, sports playing fields, ball parks, stadiums, amphitheaters, drive-in theaters, amusement parks, racetracks and similar facilities.
RECREATION, PRIVATEAn enterprise operated by an individual, group of individuals or nonprofit association or corporation, other than a public entity, for the pursuit of sports and recreational activities, which may be advertised to the general public, but the use of which is limited to members and their guests including, but not limited to, such establishments as country clubs, golf courses, sportsmen's club, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools and similar facilities.
RECREATION, PUBLICAn enterprise owned and operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation or leisure activities, including, but not limited to, parks, playgrounds, playing fields, golf courses, golf or batting practice facilities, ice rinks, tennis courts, swimming pools and similar facilities.
RECREATIONAL VEHICLEA single-axle or multiple-axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle, for the purpose of travel, camping, vacation and recreational use, including but not limited to: travel trailers, mobile homes, motor homes, tent trailers, boats, boat trailers, pickup campers, horse trailers, snow mobiles, jet skis, wave runners, motorcycles and all-terrain vehicles.
REPAIRReplacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
REPAIR SHOPA service establishment providing maintenance and repairs of items that can be carried in by hand, including personal effects (such as jewelry, watches, bicycles), small household appliances, office equipment, small gasoline engines and similar items, but not including repair of large appliances, motorized vehicles or heavy equipment.
RESEARCH AND DEVELOPMENTAny establishment which carries on investigation in the natural, physical or social sciences or engineering and development as an extension of such investigation with the objective of creating end products and which may include pilot manufacturing as an accessory use where concepts are tested prior to full-scale production.
RESORTSee "motel, hotel or resort."
[Added 3-26-2019 by Ord. No. 3231.2]
RIGHT-OF-WAYLand reserved or dedicated for use as a street, crosswalk or other means of travel, or other public or private purposes, including existing and future rights-of-way.
ROOMING HOUSEAny dwelling or that part of any dwelling containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.
[Added 3-26-2019 by Ord. No. 3231.2]
ROOMING UNITAny room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
[Added 3-26-2019 by Ord. No. 3231.2]
SALES OFFICEA temporary use for the purpose of marketing the dwelling units in a residential development or the leasable space or other occupancy in a nonresidential development.
SALVAGE YARDAny premises devoted to the dismantling or wrecking of used motor vehicles, trucks, trailers, farm equipment or mobile homes or the storage, sale, crushing or dumping of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts, but not including the reassembly of any vehicles or equipment for resale.
SCHOOL, COMMERCIALA privately operated, for-profit establishment providing technical or skilled training, vocational or trade educational courses and programs.
SCHOOL, POSTSECONDARYAn educational institution which provides training beyond the secondary school curriculum and which is authorized by the commonwealth to award associate, baccalaureate or higher degrees.
SCHOOL, PUBLIC OR PRIVATEA place of instruction operated by a public or private organization, having regular sessions, with regularly employed instructors and meeting all of the requirements of the Pennsylvania Department of Education for providing primary, secondary, vocational or postsecondary education, but not including commercial schools.
SEATThe area required for one individual to sit on as regulated by the Uniform Construction Code (UCC).
SETBACKSee "building setback line."
SEXUAL CONDUCTPatently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations, descriptions or acts of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast.
SEXUAL ENCOUNTER OR MEDITATION CENTERA business, agency or person which, for consideration, provides for commercial purposes a place where persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sexual conduct or exposing specified anatomical areas, as defined herein.
SIGNAny structure or device used to attract attention by word or graphic display. (See Article
XVI for regulations governing signs.)
SIGN, NONCONFORMINGAny sign that was lawfully erected and maintained prior to the adoption or amendment of this chapter, that fails to conform to all applicable regulations and restrictions of this article.
SIGN, SURFACE AREA OFThe surface area of a sign shall be measured as described below. For two-sided signs, only one sign face shall be counted in computing the surface area.
A. In the case of an advertising panel, the surface area of the sign shall be the total area enclosed by one continuous line connecting the extreme points or edges of the advertising panel containing the writing, representation character, emblem or other communication material;
B. In the case of freestanding letters, figures or characters mounted on a wall or other surface, the surface area of the sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of the writing, representation, character, emblem or other communication material;
C. In the case of freestanding ground or pole signs, the area shall not include the main supporting structure; however, logos, ornamental attachments and frame work around or connections between advertising panels shall be included; and
D. In the case of letters that are painted on or affixed to an awning, canopy of marquee, the surface area of the sign shall be the area of the geometric shape formed by outlining the height and width of all the letters, including the space between the letters.
SIGN FACEThe entire area upon which graphic or written material or information is placed for viewing from a single direction.
SITEA tract of land or one or more contiguous lots proposed for development.
SITE AREAThe total area within the boundary lines of a site proposed for development, expressed in acres or square feet.
SLOPEThe degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.
STOOPA covered or uncovered porch located at a front, side or rear door to a dwelling unit not exceeding 24 square feet in area.
STORAGE BUILDINGAn accessory structure, as defined herein, not intended for human occupancy, used exclusively for storage of personal property owned by the residents of the dwelling to which the structure is accessory.
STORAGE TRAILERAny vehicle or transportable structure which is enclosed and mounted on wheels and is used as a conveyance on streets drawn by its own or other motive power intended to carry materials, equipment or other vehicles, but which is not intended for human occupancy, and which is used without permanent foundation as an accessory structure for the storage of goods and materials directly related to the principal use of the lot.
STORE, CANDY OR ICE CREAMA retail establishment which sells candy and/or ice cream and which may include on-site processing of the products sold on the premises, but which shall not include on-site processing of products for delivery off the premises.
STORE, CONVENIENCEA retail establishment which offers a limited selection of grocery, household and personal items for quick purchase and which may include the dispensing of gasoline.
STORE, FOODA retail establishment that has a gross floor area of no more than 10,000 square feet and that offers for sale specialty or gourmet food items or meats and groceries that are packaged and that may or may not be available for consumption on the premises.
STORE, GENERAL MERCHANDISEA retail business that offers a sampling of a wide variety of merchandise categories, including, but not limited to: automotive, apparel, garden center, cards and gifts, crafts, groceries, drugs and sundries, jewelry, hardware, household home-decorating items, furnishings, pet supplies, small appliances, sporting goods, toys and similar products.
STORE, GROCERYA retail establishment in excess of 10,000 square feet of gross floor area that primarily sells meat, food and household products, but that may also include as accessory uses a pharmacy, a florist, a travel agency, a video rental (excluding an adult video store), a coffee shop, a delicatessen, banking and copy/fax services.
STORE, HARDWAREA retail store that primarily sells tools and supplies for plumbing, carpentry, electrical, heating, ventilating and air conditioning maintenance and repairs and that may also offer the sale of lawn and garden maintenance and other household products.
STORE, HOME IMPROVEMENTSA retail store that maintains a large inventory of supplies and tools for construction, remodeling, decorating and maintenance of residences and small businesses and that sells directly to consumers and contractors.
STORE, RETAILAny establishment not otherwise specifically defined in this article that sells commodities and/or services on the premises directly to consumers, but not including the on-site manufacturing or processing of any product or any wholesale sales.
STORYThat portion of a building between the surface of any finished floor and the surface of the finished floor next above it or, if there shall be no floor above it, then the space between any floor and the ceiling next above it. In determining the number of stories for purposes of height measurement, a basement shall be counted as a story if the ceiling is more than five feet above the average adjoining ground level at the front setback, and a mezzanine shall be counted as a story if it covers 50% or more of the area of the story underneath such mezzanine. An attic or a cellar shall not be counted as a story.
STREETAny public or private recorded right-of-way used or intended to be used by vehicular traffic and pedestrians, including avenue, boulevard, road, highway, freeway, parkway, lane, alley, thoroughfare or viaduct.
STREET, ARTERIALA public street that serves large volumes of high-speed and long-distance traffic. The street classified as arterial in the City of Bradford for the purposes of interpreting this chapter is PA Route 219.
STREET, COLLECTORA public street that, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets. For the purposes of interpreting this chapter, streets classified as collector in the City of Bradford are: Boyleston Street, Campus Drive, Congress Street, Davis Street, East Main Street, East Washington Street, High Street, Interstate Parkway, Jackson Avenue, Main Street, Mechanic Street, North Kendall Avenue, South Avenue, South Kendall Avenue and Washington Street.
STREET, LOCALAny public street not defined herein as an arterial or a collector street.
STREET, PRIVATEA street, including the entire private right-of-way, that is privately owned and maintained and that is intended for private, rather than public, use.
STREET, PUBLICA public right-of-way dedicated and open for public use that has been adopted by the City, county, commonwealth or other governmental body.
STREET CENTER LINEA line that is usually at an equal distance from both street edges of the cartway or established right-of-way lines.
STREET LINEThe legal right-of-way line that forms the dividing line between the street and the lot.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, NONCONFORMINGA structure or part of a structure that does not comply with the applicable area and bulk provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or an amendment thereto, or prior to the application of this chapter or amendment to its location by reason of annexation. Nonconforming signs are included in this definition.
STUDENT HOUSINGA dwelling unit designed for occupancy by more than three unrelated individuals who are enrolled in classes at a postsecondary school, as defined herein, regardless of whether the dwelling unit is privately or publicly owned.
STUDIO; ART, MUSIC OR PHOTOGRAPHYEstablishments engaged in the display and sale of art, music or photography products and supplies and which may include training of individuals or groups of students for a fee.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other division of land including any changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SUPPLY YARDA commercial establishment engaged in storing and selling building supplies, industrial supplies or feed and grain primarily to businesses, rather than the general public.
SURVEYORA professional surveyor registered in the Commonwealth of Pennsylvania.
SWIMMING POOLAny outdoor body of water in an artificial or semi-artificial receptacle or other container, used as a recreational facility for swimming, bathing, soaking or wading and having a depth at any point of more than 24 inches or a surface area of more than 250 square feet, and the equipment necessary to maintain the swimming pool and the healthful condition of the water, including, but not limited to: aboveground and in-ground swimming pools, hot tubs or Jacuzzis, as defined herein, or decorative ponds. This definition shall not include toddler wading pools that are less than 24 inches in depth and that are removed after temporary use.
SWIMMING POOL, PRIVATEA swimming pool which is accessory to a single-family dwelling, the use of which is restricted to the residents of the dwelling and their invited guests.
SWIMMING POOL, PUBLIC OR SEMIPUBLICA swimming pool which is owned and operated by a public agency, a homeowners' association, a community corporation or other community association for the benefit of the residents of a residential subdivision or multifamily development.
TEMPORARY USE OR STRUCTUREAny use or structure that is intended to be used either on a seasonal basis, or during the time of construction and completion of an approved development or for any other period of time that is six months or less.
TRAFFIC IMPACT STUDYAn analysis prepared, signed and sealed by a qualified traffic engineer analyzing the expected trip generation expected to result from a proposed development based on the ratios and methodology contained in the current edition of the manuals of the Institute of Transportation Engineers (ITE), including current and projected capacities and levels of service of all streets and intersections within 1,000 feet of the site proposed for development or the next nearest intersection and recommendations for improvements to streets and/or traffic control devices within the site or immediately adjacent to the boundaries of the site.
TRANSITIONAL DWELLINGA facility occupied on a short-term basis by persons assigned by a court of law, or who are self-referred, or referred by a public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including, but not limited to: alcoholic recovery, shelters for battered persons and their children, maternity homes, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
TRUCK AND HEAVY EQUIPMENT RENTAL, SALES AND SERVICEAn establishment engaged in the rental, sale and/or service of vehicles in excess of 26,000 pounds gross vehicle weight (GVW) and/or any other heavy equipment, including, but not limited to, construction or farm equipment, whether or not the equipment is classified as a motor vehicle.
TRUCK TERMINALA facility where the principal use is servicing, repair and storage of trucks and other motorized equipment and trailers and which may provide warehousing and transfer facilities as an accessory use.
USEAny purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure or on a tract of land.
USE, NONCONFORMINGA use, whether of land or of a structure, that does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or an amendment thereto, or prior to the application of this chapter or amendment to its location by reason of annexation.
USE, PRINCIPALThe primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
USE BY SPECIAL EXCEPTIONA use authorized by this chapter that may be granted only by the Zoning Hearing Board following a public hearing subject to express standards and criteria contained in this chapter.
VARIANCERelief from the literal terms of this chapter granted only by the Zoning Hearing Board in accordance with criteria established by the Pennsylvania Municipalities Planning Code.
VEHICLE ACCESSORIES SALES AND INSTALLATIONAn establishment engaged in the retail sales and installation of accessories for trucks, automobiles and motorcycles, including, but not limited to such items as tires, hubcaps, mirrors, seat covers, floor mats, tonneau covers, truck caps, windshield wipers, trim packages, running boards and the like, but not including any mechanical parts.
VEHICLE RENTAL, SALES AND SERVICEThe rental, sales and service of automobiles, motorcycles and trucks under 26,000 pounds gross vehicle weight (GVW), but not including any heavy equipment or any other vehicle or equipment that is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code.
VEHICLE REPAIR GARAGEA building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recapping/retreading of tires and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building, as defined by this chapter.
VETERINARY CLINICAn establishment where animals are examined and treated by veterinarians and which may include indoor kennels for temporary boarding of animals during treatment.
VIEWING BOOTHSCubicles, stalls, partitioned portions of a room, compartments, rooms or other enclosures of 150 square feet of floor area or less, which are available to members of the public, patrons or members for viewing performances, presentations, films, movies, videos or visual reproduction of any kind depicting or describing nudity or sexual conduct, as defined by this chapter.
WAREHOUSING AND DISTRIBUTIONA building used for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles. Warehousing that is incidental to retail sales and that does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition.
WATCHMAN'S FACILITYAn accessory use located in either a principal structure or an accessory structure on property in an industrial zoning district occupied on a temporary or permanent basis to provide security for the principal use of the property.
WHOLESALE BUSINESSAn establishment engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public, or acting as a broker for such merchandise sales.
WIND ENERGY SYSTEM, HEIGHT OFThe distance measured from the natural grade or finished grade at the base of the tower to the tip of the rotor blade at its highest point.
WIND ENERGY SYSTEM, PERSONALA wind energy conversion system which has a rated capacity of 60 KW, consisting of a wind turbine, a tower base and associated control or conversion electronics including collection, distribution and storage equipment, intended for private use to reduce on-site consumption of utility power, allowing for distribution of excess energy into the public utility's electrical grid for credit.
WIND ENERGY SYSTEM TOWERThe vertical structure that supports the rotor blades, electrical generator or other components of a personal wind energy system.
WIND TURBINEA device consisting of an air foil or a rotor with two or more blades that converts kinetic wind energy into rotational energy that drives an electrical generator.
YARDA required open space located on a lot that is unobstructed by any portion of a principal structure, other than certain projections expressly permitted by this chapter.
YARD, FRONTA yard extending between side lot lines across the full lot width from the front lot line to a line parallel to the front lot line, the minimum horizontal distance required by this chapter.
YARD, REARA yard extending between the required side yard lines along a line parallel to the rear lot line, the minimum horizontal distance required by this chapter.
[Amended 6-13-2023 by Ord. No. 3231.5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
YARD, SIDEA yard extending from the required building setback line to the rear lot line parallel to the side lot line, the minimum horizontal distance required by this chapter.
YARD LINEA line drawn parallel to or concentric with, the corresponding lot lines at a distance specified for the required depth of the respective yard.
YARD LINE, FRONTA front yard line bounds the front yard and is parallel to or concentric with, the front lot line.
YARD LINE, REARA rear yard line bounds the rear yard and is parallel to the rear lot line.
YARD LINE, SIDEA side yard line bounds the side yard and is parallel to the side lot lines.
ZONING AMENDMENTA change to the text of this chapter or to the Zoning District Map proposed for adoption by City Council pursuant to the procedures specified in this chapter.
ZONING CERTIFICATEA document issued by the City Zoning Officer stating that the proposed use of a particular structure, building or lot conforms to the requirements of this chapter.
ZONING DISTRICTAn area accurately defined as to boundaries and location on the Zoning District Map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded, as set forth in this chapter.
ZONING DISTRICT MAPThe official map delineating the zoning districts of the City of Bradford, McKean County, Pennsylvania, together with all amendments subsequently adopted which is incorporated in and made a part of this chapter by reference thereto.
ZONING OFFICERThat person appointed by City Council and charged with the responsibility of administering and enforcing this chapter.