[Ord. 1263, 8/10/2009; as amended by Ord. 1294, 5/13/2013]
When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUTNext to or adjacent to, and includes the words "directly across from streets, natural features, and rights-of-way."
ACCESS DRIVEA privately owned, constructed, and maintained vehicular access from a public or private street to four or more off-street parking spaces or to at least one loading space.
ACCESSORY BUILDING/ACCESSORY STRUCTUREA building or structure which is subordinate and accessory to a principal building or use on the same lot and which is used for purposes clearly incidental to those of the principal building or use. Any portion of a principal building or structure devoted or intended to be devoted to an accessory use is not an accessory building.
ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
[Added by Ord. No. 1324, 3/12/2018]
ADJACENTA state of being side by side, next to, adjoining or abutting one to another.
ADULT BUSINESSSee Part
3, "Zoning Districts and Use Regulations," for description of "adult business."
ALLEYA public or private way permanently reserved as a secondary means of access for vehicles to the side or rear of abutting properties.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another; or, any change in use from one use to another.
ANIMAL HOSPITALSee Part
3, "Zoning Districts and Use Regulations," for description of "animal hospital."
ANTENNAAn apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
[Added by Ord. No. 1324, 3/12/2018; as amended by Ord. No. 1331, 9/9/2019]
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative 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.
ARCADE, ACCESSORYSee Part
3, "Zoning Districts and Use Regulations," for description of "arcade, accessory."
ARCADE, PRINCIPALSee Part
3, "Zoning Districts and Use Regulations," for description of "amusement halls and arcade."
AUTO GAS STATIONSee Part
3, "Zoning Districts and Use Regulations," for description of "auto service station."
AUTO REPAIR GARAGESee Part
3, "Zoning Districts and Use Regulations," for description of "auto repair garage-major repairs," "auto repair garage-minor repairs" and "auto service station."
AUTO SERVICE STATIONSee Part
3, "Zoning Districts and Use Regulations," for description of "auto service station."
AUTO WRECKINGSee Part
3, "Zoning Districts and Use Regulations," for description of "junkyard (salvage yard)."
AUTO/BOAT/RV SALESSee Part
3, "Zoning Districts and Use Regulations," for description of "auto/boat/RV sales."
BANKSee Part
3, "Zoning Districts and Use Regulations," for description of "bank."
BED AND BREAKFASTSee Part
3, "Zoning Districts and Use Regulations," for description of "bed and breakfast."
BLOCKProperty bounded on one side by a street and on the other three sides by a street, railroad right-of-way, public park, waterway, Borough line or any combination thereof.
BUFFER YARDA strip of required yard space adjacent to the boundary of a property or district of a width not less than that designated by this chapter, and on which is placed shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to meet the requirements of Borough ordinances and to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district.
BUILD-TO LINEA line parallel to the street right-of-way that establishes the maximum distance that a building or principal structure may be set back from the street right-of-way.
BUILDINGA structure having a roof supported by columns or walls, used for the shelter, housing, or enclosure of persons, animals, or property. "Building" is interpreted as including "or part thereof."
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot, taken at their greatest outside dimensions on the ground floor, including all attached and detached structures, except steps, terraces, patios, cornices, eaves and gutters, but including roofed porches, roofed breezeways and roofed carports.
BUILDING COVERAGEThe ratio obtained by dividing the maximum horizontal cross-section of all principal and accessory buildings on a lot (including balconies and decks, roofed porches, roofed carports and roofed breeze-ways, but excluding patios) by the total area of the lot upon which the buildings are located.
BUILDING ENVELOPEThe portion of a lot on which the principal building or structure can be placed and which excludes all front, side, and rear yard areas as well as all rights-of-way, easements, areas with environmental protection restrictions, and any other areas protected by the terms of this chapter.
BUILDING HEIGHTThe vertical distance of a building measured from the point which is the mean level of the highest and lowest portion of the site covered by the building to the highest portion of the roof.
BUILDING SCALEThe relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width and depth.
BUILDING SETBACK LINE(1) FRONTA line parallel to a street line at a distance therefrom equal to the depth of the minimum front yard requirement.
(2) SIDEA line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard requirement.
(3) REARA line parallel to the rear lot line at a distance therefrom equal to the minimum rear yard requirement.
BUILDING SPACINGThe minimum distance between buildings measured from the outermost wall or projection to the nearest point on another building.
BUS SHELTERSee Part
3, "Zoning Districts and Use Regulations," for description of "bus shelter."
CAR WASHSee Part
3, "Zoning Districts and Use Regulations," for description of "car wash."
CARPORTA building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.
CARTWAYThe paved portion of a street or highway designed for vehicular traffic.
CEMETERYSee Part
3, "Zoning Districts and Use Regulations," for description of "cemetery."
CO-LOCATIONThe mounting of one or more WCFs, including antennas, on a preexisting structure. or modifying a structure for the purpose of mounting or installing a WCF on that structure.
[Added by Ord. No. 1324, 3/12/2018; as amended by Ord. No. 1331, 9/9/2019]
COMMERCIAL MOTOR VEHICLEA motor vehicle licensed by the Commonwealth of Pennsylvania in a class other than Class 1 or Class 2. For purposes of this chapter a recreational vehicle shall not be considered a commercial motor vehicle.
COMPREHENSIVE PLANThe document entitled "Comprehensive Plan for the Borough of Bristol," or any part thereof, adopted by Borough Council.
CONDITIONAL USEA use permitted by the Borough Council pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10601 et seq., as amended.
CONDOMINIUMA building or group of buildings, in which units are owned individually, and the lot, common areas, and facilities are owned by all the owners in a proportional, undivided basis.
CONFERENCE CENTERSee Part
3, "Zoning Districts and Use Regulations," for description of "conference center."
CONSTRUCTIONIncludes the placing of construction materials in permanent position and fastening in a temporary or permanent position; includes the demolition of a preexisting building, provided that further construction be diligently carried on.
CONVERSIONTo change or adapt land, structures or buildings to a different use, occupancy or purpose.
COUNTYThe County of Bucks, Commonwealth of Pennsylvania.
CURATIVE AMENDMENTA proposed zoning amendment made to Borough Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.
DAY CARE CENTERSee Part
3, "Zoning Districts and Use Regulations," for description of "day care center."
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Borough lies.
DELAWARE CANALThe towpath berm and intended waterway of the Delaware Division of the Pennsylvania Canal, and including all adjacent lands, aqueducts, and drainage channels owned by the commonwealth of Pennsylvania as part of the Delaware Canal State Park.
DENSITYThe number of dwelling units per acre calculated by dividing the number of dwelling units by the base site area.
DETACHEDA state of being surrounded on all sides by yards.
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(2) The Zoning Hearing Board.
(3) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLANThe 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. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DISTRIBUTED ANTENNA SYSTEMS (DAS)A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added by Ord. No. 1324, 3/12/2018]
DISTRICT (OR ZONING DISTRICT)A portion of the territory of the Borough within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVEWAYA private strip of land intended as a means of vehicular access to a lot.
DUMPSee Part
3, "Zoning Districts and Use Regulations," for description of "junkyard (salvage yard)."
DWELLING (RESIDENCE, RESIDENTIAL STRUCTURE)A building designed and occupied for residential purposes containing one or more dwelling units. The term "dwelling" shall not be deemed to include automobile court, boarding house, rooming house, tourist home, hotel, motel, inn, hospital, nursing home, personal care facility, life care facility, dormitory, fraternity, sorority house or other group residence. See §
27-320, "Use Regulations," in Part
3 of this chapter for definitions of specific dwelling types.
DWELLING UNIT (HOUSING UNIT)One or more rooms intended to be occupied by one family as separate living quarters, containing sanitary facilities, kitchen facilities and having outside access directly from the dwelling unit or through a common hall.
EASEMENTA right-of-way granted for limited use of land or a restriction placed on land for specific purposes.
EAVESThe lowest horizontal line of a sloping (i.e., gable, hip, gambrel) roof.
EMERGENCYA condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public or has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
[Added by Ord. No. 1324, 3/12/2018]
EMPLOYEEAn employee, assistant or associate, agent, contractor, or representative who acts in interest or profits from a business, industry, home office or occupation, or other enterprise.
EQUIPMENT COMPOUNDAn area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment is located.
[Added by Ord. No. 1324, 3/12/2018]
EXPANSIONAn addition to the floor area of an existing building, an increase in size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.
FACADEThe exterior wall, face or plane of a building.
FAMILYA group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. These uses shall be distinguished from a group occupying a boarding house, club, fraternity or hotel.
FAMILY DAY CARE HOMESee Part
3, "Zoning Districts and Use Regulations," for description of "family day care center."
FARMERS MARKETSee Part
3, "Zoning Districts and Use Regulations," for description of "farmers market."
FCCFederal Communications Commission.
[Added by Ord. No. 1324, 3/12/2018]
FENCEA man-made barrier placed or arranged to enclose or screen areas of land. The term "fence" shall be deemed to include a wall if the wall is used as a fence.
FIREWORKSAny combustible or explosive composition or any substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, aerial fireworks, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any other device containing an explosive substance.
FLEA MARKETSee Part
3, "Zoning Districts and Use Regulations," for description of "flea market."
FLOOR AREA (GROSS FLOOR AREA)The total area of all floors of the building or structure used for human occupancy or required for the conduct of the business or use, but excluding cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies, and terraces. Such area shall be measured from the outside face of the walls or from the center lines of party walls separating two buildings.
FLOOR AREA RATIOThe ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.
GARAGEA building or part thereof used for the storage or parking of one or more vehicles.
GRADEThe elevation of finished ground or paving.
GROUP HOMESee Part
3, "Zoning Districts and Use Regulations," for descriptions of "group home for handicapped individuals" and "group home for non-handicapped individuals."
HAZARDOUS WASTESThose wastes where a significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated, or disposed of in a manner customarily accepted for ordinary solid wastes and subject to special state or federal licensing.
HEALTH CLUBSee Part
3, "Zoning Districts and Use Regulations," for description of "health club."
HEIGHT OF A TOWER-BASED WCFThe vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 1324, 3/12/2018]
HISTORIC DISTRICTThe official Historic District established by the Borough under the authority of Act 167, 53 P.S. § 8001 et seq.
HISTORIC RESOURCE, SITE OR STRUCTUREAny structure or site listed on, or eligible to be listed on, the National Register of Historic Places or the Commonwealth Inventory of Historic Places, or which has been designated to be of historic or architectural significance by the Borough Council as part of an officially adopted list.
HOME OCCUPATIONSee Part
3, "Zoning Districts and Use Regulations," for description of "home occupation."
HOSPITALSee Part
3, "Zoning Districts and Use Regulations," for description of "hospital."
HOTEL, MOTEL AND INNSee Part
3, "Zoning Districts and Use Regulations," for description of "hotel, motel and inn."
IMPERVIOUS SURFACESurface that does not absorb water, including all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete, asphalt, and packed stone, and any other areas determined to be impervious by the Borough Engineer. Uncovered plank decks and pervious paver systems (designed to allow infiltration of stormwater consistent with stormwater best management practices) shall be calculated as one-half of the actual area when calculating the impervious surface ratio for the lot. The total area of uncovered plank decks and pervious paver systems shall not exceed more than 10% of the maximum allowable impervious surface coverage within the zoning district.
IMPROVEMENTSThose physical additions, installations and changes required by ordinance or the Borough Council, or proposed by an applicant or property owner, such as streets, driveways, parking areas, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities, and any other appropriate items required to render land suitable for the use proposed.
JUNK OR SALVAGEAny discarded material or articles (including scrap metallic or nonmetallic items, abandoned vehicles and equipment, paper, glass, containers and structures.) It shall not include refuse or garbage kept in a proper container for the purpose of disposal within 72 hours.
KENNELSee Part
3, "Zoning Districts and Use Regulations," for description of "kennel."
KITCHEN FACILITIESShall consist of all the following: sink with piped water, a cooking range with oven and a refrigerator.
LAND DEVELOPMENTAny of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(b) The division or allocation of land or space, whether 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.
(3) "Land development" does not include development which involves:
(a) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(b) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if he is authorized under the lease to exercise the right of the landowner, or other person having a proprietary interest in land.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot shall not be divided by a street and shall not include any land within the right-of-way of a public or private street upon which said lot abuts, even if the title to such right-of-way is in the owner of the lot. A lot, for the purposes of this chapter, must coincide with a lot of record or must satisfy criteria within this chapter to meet minimum area and dimensional standards.
(1) CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve, at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines, intersect at an angle of less than 135°.
(2) INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
(3) REVERSE FRONTAGE LOTSLots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
LOT AREAThe area contained within the lot lines, excluding space within all existing and future road rights-of-way and any easement which would interfere with the proposed use.
LOT DEPTHThe mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT LINESAny boundary line of a lot.
(1) FRONT LOT LINEOrdinarily the street line except in the circumstance where a lot is bounded by streets on more than one side, in which case all street lines would be regarded as the front lot lines.
(2) REAR LOT LINEA lot line opposite and most distant from the front lot line. A three-sided lot has no rear lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the rear lot line.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line or build-to line where a build-to line is required, and the street line; or, where there is only one side lot line, the distance between the side lot line and the opposite rear lot line or street line.
MARINASee Part
3, "Zoning Districts and Use Regulations," for description of "marina."
MASSAGE THERAPYSee Part
3, "Zoning Districts and Use Regulations," for description of "massage therapy."
MEDICAL LABORATORIESSee Part
3, "Zoning Districts and Use Regulations," for description of "light manufacturing" which includes "medical laboratories."
MEDICAL OFFICESee Part
3, "Zoning Districts and Use Regulations," for description of "medical office."
MEMBERSHIP CLUBSee Part
3, "Zoning Districts and Use Regulations," for description of "membership club."
MOBILE HOMESee Part
3, "Zoning Districts and Use Regulations," for description of "mobile home."
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKSee Part
3, "Zoning Districts and Use Regulations," for description of "mobile home park."
MODIFICATION or MODIFYThe improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
[Added by Ord. No. 1324, 3/12/2018]
MONOPOLEA WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added by Ord. No. 1324, 3/12/2018]
MOTELSee Part
3, "Zoning Districts and Use Regulations," for description of "hotel, motel or inn."
MOTOR FREIGHT TERMINALSee Part
3, "Zoning Districts and Use Regulations," for description of "motor freight terminal."
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the "Municipalities Authority Act of 1945," 53 P.S. § 301 et seq.
MUSEUMSee Part
3, "Zoning Districts and Use Regulations," for description of "museum."
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)Wireless communications facilities located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
[Added by Ord. No. 1324, 3/12/2018]
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure that does not comply with the applicable area, setback, yard, building height, location, size, or impervious surface provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which 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 amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
NURSERY SCHOOLSee Part
3, "Zoning Districts and Use Regulations," for description of "day care center."
NURSERY/GREENHOUSESee Part
3, "Zoning Districts and Use Regulations," for description of "nursery/greenhouse."
NURSING HOMESee Part
3, "Zoning Districts and Use Regulations," for description of "nursing home."
OFFICESee Part
3, "Zoning Districts and Use Regulations," for description of "office."
OFFICIAL ZONING MAPThe map as adopted or amended by Borough Council which designates the location and boundaries of zoning districts.
OPEN SPACEThat area of land and/or water to be restricted from future development for the purpose of protecting natural features, providing buffers, or for recreational purposes. Open space does not include land occupied by streets, street rights-of-way, off-street parking areas, driveways, land reserved for future parking areas, stormwater management facilities and easements or areas used to handle stormwater runoff, minimum separation distances between buildings, areas set aside for public facilities, and, any portion of the minimum lot area as required by this chapter.
OPEN SPACE RATIOThe total amount of open space within the site divided by the base site area.
ORDINANCEThe Zoning Ordinance for the Borough of Bristol (this chapter), including the Official Zoning Map, Official Street Classification Map, and any amendments enacted by Borough Council.
OUTDOOR STORAGESee Part
3, "Zoning Districts and Use Regulations," for description of "outdoor storage" and "outdoor storage or display."
PARKAny area which is predominantly open space and is used principally for active or passive recreation.
PARKING FACILITIESOutdoor areas or specially designed buildings or garages used for the storage of vehicles.
PARKING SPACEA space available for the parking of one motor vehicle. A parking space may include either covered garage space or uncovered parking lot space located off the street right-of-way.
PATIOAn area or courtyard which is not covered by a roof or permanent awning, and is designed for outdoor living purposes as an accessory use to a structure. A patio with footers, for purposes of this chapter, shall be considered a structure which complies with all applicable yard requirements in this chapter.
PERMITA document issued by the proper Borough authority authorizing the applicant to undertake certain activities.
(1) ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this chapter which authorizes an applicant to proceed with said use, building, or structure.
(2) BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration, or reconstruction.
(3) OCCUPANCY PERMITA permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. For purposes of this chapter, an occupancy permit is also issued for all commercial and industrial uses and for multiple family dwellings where there is change in the use of a structure or parcel of land or the reoccupancy of a structure or land.
PERSONIndividuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough or to any department or agency of the Borough.
[Added by Ord. No. 1324, 3/12/2018]
PERSONAL SERVICESSee Part
3, "Zoning Districts and Use Regulations," for description of "personal services."
PHARMACYSee Part
3, "Zoning Districts and Use Regulations," for description of "retail establishments."
PORCHA roofed or unroofed structure projecting from the front, side or rear wall of a building.
PUBLIC GROUNDSIncludes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(3) Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Borough 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 65 Pa.C.S.A. Ch.
7 (relating to open meetings).
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RADIO/TV TRANSMITTERAny structure used for the transmission or retransmission of a commercial radio or TV broadcasting signal.
RECREATION CENTERSee Part
3, "Zoning Districts and Use Regulations," for description of "public park/recreation facility" and "private recreation facility."
RECREATIONAL VEHICLEA vehicle (regardless of size) which is designed as a temporary dwelling for travel, recreational and vacation uses (regardless of whether it is self-propelled or is designed to be towed or carried by another vehicle). "Recreation vehicle" includes campers, pickup coaches, travel trailers or motor homes.
RENTAL UNITOne or more rooms intended to be occupied by one family as separate living quarters, but does not contain one or more of the following: sanitary facilities and kitchen facilities.
REPLACEMENTThe replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
[Added by Ord. No. 1324, 3/12/2018]
REPORTLetter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESOURCE PROTECTION LANDProperty with environmental resources including floodplain, floodplain soils, wetlands, streams, waters of the Commonwealth, waters of the U.S., watercourses, steep slopes, woodlands and trees, and riparian buffers, to the extent protected by this chapter.
RESTAURANTSee Part
3, "Zoning Districts and Use Regulations," for descriptions of "fast food restaurant," "food take-out restaurant," and "standard restaurant."
RETAIL CENTERSee Part
3, "Zoning Districts and Use Regulations," for description of "retail center."
RETAIL STORESee Part
3, "Zoning Districts and Use Regulations," for description of "retail store."
SANITARY FACILITIESAll of the following: sink with piped water, a toilet, and a bathtub or shower with piped water which is connected to a sewage disposal system.
SEWAGE DISPOSAL SYSTEMA system designed to collect, treat, and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Borough.
(1) PUBLIC SEWERAny municipal, authority, or privately owned wastewater system in which wastewater is collected from buildings and piped to an approved wastewater disposal system. It may also be referred to as an "off-lot" or "off-site" sewer.
(2) PRIVATE SEWERAn on-lot waste disposal system providing for disposal of effluent for only one building or a group of buildings on a single lot.
SIGNA visual display or image which is affixed to, painted, or represented directly or indirectly upon a building, structure, land, or any surface and which directs attention to an object, product, service, place, activity, person, institution, organization, or business, regardless of whether such display or image is permanent or temporary, but excluding displays or images which are decorative only. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs or parts of signs. See Part
6, "Signs," for definitions of specific sign types.
SITE ALTERATIONIncludes regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses.
SITE AREAAll area within a site or tract as determined by a site survey.
(1) BASE SITE AREAThe site area minus existing roads and their ultimate rights-of-way, utilities rights-of-way, other public easements, land which is restricted due to easements or covenants, and land shown on previous subdivision or land development plans as reserved from development for natural resource reasons, recreation and/or open space restrictions.
SMALL WIRELESS COMMUNICATIONS FACILITYA wireless communications facility that meets the following criteria:
[Added by Ord. No. 1331, 9/9/2019]
(1) The structure on which antenna facilities are mounted:
(a) Is 50 feet or less in height; or
(b) Is no more than 10% taller than other adjacent structures; or
(c) Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and
(2) Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
(3) All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.
(4) The facilities do not require antenna structure registration under 47 CFR Part 17;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
SOLAR ACCESSThe capability of receiving direct sunlight between 9:00 a.m. and 3:00 p.m. (solar time) on areas of a lot within required yard areas.
SOLAR ENERGY SYSTEMSee Part
3, "Zoning Districts and Use Regulations," for description of "solar energy system."
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.
[Added by Ord. No. 1324, 3/12/2018]
STORY (AND HALF-STORY)That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven feet shall be considered a full story. Any such portion of a building having a vertical distance of less than seven feet shall be considered a half-story.
STORY ABOVE-GRADEAny story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
(1) More than six feet above the finished ground level for more than 50% of the total building perimeter.
(2) More than 12 feet above the finished ground level at any point.
STREETA public or private way used or intended to be used for passage or travel by vehicles and pedestrians and which furnishes access to abutting properties. The term street includes avenue, boulevard, road, highway, freeway, parkway, lane, alley, and viaduct.
(1) ARTERIALStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial streets are those streets which are so determined by Council with advice from the Borough Engineer.
(2) COLLECTORStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so determined by Council with advice from the Borough Engineer.
(3) LOCALStreets designed to provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets. Local streets are those streets which are so determined by Council with advice from the Borough Engineer.
STREET LINEThe dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line or, where established by ordinance or other means, the future right-of-way line. See definition of "front lot line."
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, but not including poles with basketball backboards and hoops, children's play equipment such as swings, slides and so forth, poles with clotheslines (including umbrella types), poles with bird feeders, flagpoles, awnings with pole supports, mail box posts, and public art sponsored by the Borough or nonprofits recognized by the Borough.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either of the following:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officials and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of a "historic structure" (as that phrase is defined in the Bristol Borough Historic District Ordinance) provided that the alteration will not preclude the structure's continued designation as a "historic structure."
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE[Added by Ord. No. 1324, 3/12/2018](1) Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
(2) Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SUBTERRANEAN BUILDINGA building covered by land on at least 50% of the total surface of its walls and roof.
SWIMMING CLUBSee Part
3, "Zoning Districts and Use Regulations," for description of "commercial swimming pool."
SWIMMING POOLSee Part
3, "Zoning Districts and Use Regulations," for description of "commercial swimming pool," "noncommercial swimming pool," and "non-household swimming pool."
TAVERNSee Part
3, "Zoning Districts and Use Regulations," for description of "tavern."
TEMPORARY STRUCTURESee Part
3, "Zoning Districts and Use Regulations," for description of "temporary structure."
TRANSIT STATIONSee Part
3, "Zoning Districts and Use Regulations," for description of "transit station."
USEAny activity, occupation, business or operation carried on or intended to be carried on in a structure or on a lot.
USE, ACCESSORYA use located on the same lot with a principal use, and clearly incidental or subordinate to, and customarily in connection with the principal use.
USE, PERMITTEDA use allowed subject to the provisions of this chapter, exclusive of any nonconforming or illegal use.
USE, PRINCIPALThe main use on a lot, which represents the primary activity, occupation or business operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
VARIANCERelief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
VETERINARIAN OFFICESee Part
3, "Zoning Districts and Use Regulations," for description of "animal hospital".
VISITORS' CENTERSee Part
3, "Zoning Districts and Use Regulations," for description of "visitors' center."
WAREHOUSESee Part
3, "Zoning Districts and Use Regulations," for description of "warehouse."
WAREHOUSE, MINISee Part
3, "Zoning Districts and Use Regulations," for description of "mini-warehouse."
WASTEWATER FACILITYAny sanitary sewer, sewage system, sewage treatment or parts thereof designed, intended, or constructed for the collection, treatment, and satisfactory disposal of wastewater.
WATER SUPPLY SYSTEMA system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Borough.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough.
WATERCOURSEAny intermittent or perennial, natural or man-made channel, canal, millrace, creek, stream, ditch, dry run, spring, river, swale, or any other natural or man-made feature conveying water.
WATERS OF THE COMMONWEALTHAny and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added by Ord. No. 1324, 3/12/2018]
WETLANDSThose areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those areas of lands defined as wetlands in either: (1) the United States Army Corps of Engineers Wetlands Delineation Manual; or (2) the Pennsylvania Department of Environmental Protection, "Wetlands Identification and Delineation," 25 Pa. Code, Chapter 105, "Dam Safety and Waterways Management," rules and regulations.
WINDMILLSee Part
3, "Zoning Districts and Use Regulations," for description of "windmill."
WIRELESSTransmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
[Added by Ord. No. 1324, 3/12/2018]
WIRELESS COMMUNICATIONS FACILITY (WCF)The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added by Ord. No. 1324, 3/12/2018]
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
[Added by Ord. No. 1324, 3/12/2018]
WOODLANDSAreas, groves or stands of trees covering an area of 1/4 acre or greater.
YARDAn open space on the same lot with a structure (or a group of structures) which lies between the structure (or group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line. No portion of a structure, building or use may obstruct a yard area, unless otherwise specifically permitted by this chapter.
(1) FRONT YARDA yard extending the full width of the lot between a structure and the front lot line or street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
(2) REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
(3) SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
ZONING OFFICERThe administrative officer charged with the duty of enforcing the provisions of this chapter.