[Amended 10-6-1980 by Ord. No. 255; 7-12-1982 by Ord. No. 265; 8-10-1987 by Ord. No. 292]
Except as specifically defined herein, all words used in this chapter shall carry their customary dictionary meanings. For the purpose of this chapter, certain words or terms used herein are defined as follows:
ACCESSORY USE OR BUILDINGA building or use incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, such as a garage.
ADULT BOOKSTOREA commercial establishment having as a substantial or significant portion of its stock-in-trade books, magazines, photographs or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual conduct" (as hereinafter defined).
ADULT MOTION-PICTURE THEATERAn establishment used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual conduct" (as hereinafter defined) for observation by patrons thereon.
ALLEY (AVENUE OR SERVICE STREET)A public vehicular travel way used primarily for service purpose to abutting properties, whose right-of-way is not less than 16 1/2 feet.
ALTERATION OF BUILDING OR STRUCTUREAny change in the supporting part or foundation (such as bearing walls, beams, columns, and girders) except such changes as may be required for its safety.
APARTMENT HOUSEA building or structure containing three or more dwelling units under the same roof.
AUTHORITYThe Zoning and Code Enforcement Officer.
BASEMENTThat portion of a building below the first-floor joists.
BILLBOARD/BUSINESS SIGNAn attached or freestanding structure used to identify the activity being pursued by any individual, business, service, commercial or industrial enterprise for the purpose of apprising the public of the location of such enterprise and/or the type of activity in which it is engaged.
BUFFER STRIPA continuous strip of land planted with trees and/or shrubs at least five feet in height, densely planted so as to restrict a clear view beyond said strip.
BUILDINGAny structure having a roof supported by columns or walls used for shelter or enclosures. Any structure intended for shelter, housing, or enclosure of persons, animals, or chattels, and including carports.
BUILDING HEIGHTThe vertical dimensions measured from the average elevations of the ground at the front of the building to the highest point of the roof or the uppermost full story.
BUILDING LINEThe line established by the setback or yard requirements establishing the minimum distance between the property line and the building.
CABARETA club, bar, tavern, theater, hall or similar place which features topless or bottomless dancers, entertainers or employees, strippers, simulated sex acts, live or actual sex acts, or similar entertainers or entertainment.
CENTER LINE OF STREET OR ROADThe line surveyed and monumented by the governing authority as such or, if a center line has not been surveyed and monumented, that line running midway between the abutting property lines of the street, if such exist. If such abutting property lines are not clearly defined, the center line shall be a line midway between the right-of-way lines of recorded streets or rights-of-way.
DWELLING UNITOne or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other. Includes "apartment development."
DWELLING, ONE-FAMILYA detached building and dwelling unit designed for or occupied exclusively by one family.
DWELLING, SENIOR CITIZENA building or buildings designed for primary occupancy by elderly citizens age 55 and over, and requiring no facilities for school-age children.
DWELLING, TOWNHOUSEA structure housing not more than eight dwelling units with each end unit containing one wall and each interior unit containing two walls in common with walls of adjoining units which are constructed as party or lot line walls.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
ELECTRONIC NOTICE Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ESSENTIAL SERVICEIncludes such services as utility and communication facilities and such services deemed necessary for public safety and welfare.
FAMILY[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that more than five persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the Department of Welfare of the Commonwealth of Pennsylvania or other state department or agency.
B. In determining the functional equivalent of a traditional family, the following criteria shall be present:
(1) The group shares the entire dwelling unit.
(2) The group lives and cooks together as a single housekeeping unit.
(3) The group shares expenses for food, rent, utilities or other household expenses.
(4) The group is permanent and stable, and not transient or temporary in nature.
(5) Any other factor reasonably related to whether the group is the functional equivalent of a family.
FARM BUILDINGAny building located on a farm having a minimum of 15 acres, and used for the housing of agricultural equipment or produce, provided that such a building is used only in conjunction with farming operations.
FENCEAn artificially constructed barrier erected for the enclosure of areas.
FLOOR AREA RATIOThe ratio of the total gross floor (horizontal) area of a building as expressed in square feet and the total lot area as expressed in square feet.
GARAGE, PRIVATEAn enclosed or partly enclosed space used as an accessory to the principal building primarily for the storage of automobiles, provided that no occupation, business or service for profit is carried on. The term shall include the term "carport."
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain, and which is used for the equipping, care, storage, servicing and rental of automobiles or other motor vehicles.
HOME OCCUPATIONThe professional office or business conducted on a residential property owned and used as a home by such member. The conduct of such occupation shall be limited to 1/2 of the total gross habitable floor area of the building.
JUNKYARDAny area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage, discarded vehicles with invalid licenses and/or stickers, and home-wrecking materials.
LOTA parcel or area of land occupied or to be occupied by a building, the dimensions and extent of which are determined by the latest official records. The lot lines are the property lines bounding the lot.
LOT AREAAny area of land which is determined by the limits of the lot lines, and expressed in terms of square feet or acres.
LOT COVERAGEThat percentage of the lot area which may be devoted to building area.
LOT DEPTHThe average dimension of a lot from the front to the rear property line.
LOT LINESA. FRONTA lot line which is coexistent with a street line.
B. REARThe lot line opposite and most distant from the front lot line.
C. SIDEAny lot line other than the front or rear lot line.
LOT WIDTHThe horizontal distance between the side lot lines measured at right angles to its depth, and at a point which constitutes the rear line of the required front yard space.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets, avenues or alleys.
MAILED NOTICE Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NONCONFORMING LOTAny lot lawfully in existence at the date of the passage of a zoning ordinance or amendment heretofore or hereafter enacted which does not have the minimum width or contain the minimum area for the zone in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions of a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
OPEN SPACEAn unoccupied space open to the sky on the same lot with a principal and/or accessory building.
PARKING SPACEAn off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area at least 10 feet wide and 20 feet long, exclusive of access and driveway.
PRINCIPAL PERMITTED USEAny use permitted within a district requiring no special action by the Board or the Commission.
SEMIPUBLIC OR QUASI-PUBLICFacilities operated by religious organizations, veterans organizations, and other institutions or organizations of similar type. In addition, this term includes those facilities with only limited public control or accessibility.
SIGNAny device, structure, or object for visual communication or identification that is used for the purpose of bringing the subject thereof to the attention of others, by not including any flag, or insignia of any public, semipublic, civic, charitable or religious groups.
SIGN AREAThe area defined by the frame or edge of a sign.
SPECIFIED SEXUAL CONDUCTPatently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy and sexual bestiality or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast; and patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibitions of the genitals.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
STORYThat portion of a building included between the surface floor and the surface of the next floor above it. If there be no floor above it, then the space between the floor and the ceiling next above it.
A. STORY, HALFThe portion of a building under a gable, hip or gambrel roof, the wall plates of which on the least two opposite exterior walls are not more than four feet above the floor of such half story.
STREET or AVENUEIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
A. MAJOR STREETSThose streets which serve primarily as major trafficways for travel through and within the Borough.
B. MINOR STREETSThose streets provided for the primary purpose of furnishing access to abutting properties.
STRUCTUREUtilizing a combination of materials to form a construction that is safe and stable and includes, among other things, buildings, platforms, storage bins, fences, and portable carports.
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, transfer of ownership or building or lot development; provided, however, that the division of land for agriculture purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
TRAILER COURT/MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
USEThe specific purpose for which land or a building is designed, arranged, or intended, for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCEThe Board's authorized minor departure from the requirements of this chapter in accordance with the procedures set forth in Article
IX of this chapter, and for which a public hearing is a mandatory requirement.
YARD, FRONTAn open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street right-of-way line and the required setback line of the building projected to the side lines of the lot.
YARD, REARAn open, unoccupied space extending the full width of the lot between a building and the rear lot line, projected to the side lines of the lot.
YARD, SIDEAn open, unoccupied space between the sideline of the lot and the nearest line to the building and extending from the front yard to the rear yard, or in the absence of either side yards, to the street or rear lot lines.
ZONING HEARING BOARDThe official established Zoning Hearing Board of the Borough of Catawissa. As used in this chapter, unless indicated otherwise, the term "Board" shall refer to such Zoning Hearing Board.
ZONING MAPThe Zoning Map of the Borough of Catawissa, Pennsylvania.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone/district in which it is located or is to be located.