Clarion City Zoning Code
ARTICLE I
Background Provisions
§ 210-1 Title.
This chapter shall be known as the "Clarion Borough Zoning Ordinance of 2013" and may be cited as "the Clarion Borough Zoning Ordinance." This chapter shall be codified in the Code of the Borough of Clarion as Chapter 210, Zoning.
§ 210-2 Purpose.
A.
This chapter is enacted for the following purposes:
(1)
To promote, protect, and facilitate any or all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; the provision of adequate light and air; access to incident utility services, emergency services, police protection, transportation, vehicle parking and loading, schools, recreational facilities, and public grounds; and the preservation of the natural, scenic, and historic values in the environment.
(2)
To prevent any or all of the following: overcrowding of land; blight; congestion in travel and transportation; and loss of health, life, and property from fire or other dangers.
(3)
To provide for the use of land within the Borough for residential housing of various dwelling types encompassing all basic forms of housing.
(4)
To accommodate reasonable overall community growth, including population and employment growth and opportunities for development of a variety of uses.
B.
This chapter was prepared with careful consideration being given to, among other things, the character of various areas within the Borough, their suitability for particular uses, conservation of the value of property and encouragement of the most appropriate use of land throughout the Borough.
C.
This chapter is generally consistent with the Clarion Borough Comprehensive Plan, adopted by Clarion Borough Council in 1981, as amended in 1987. The Comprehensive Plan establishes detailed community development goals and objectives, which this chapter seeks to promote and to establish. It is recognized that circumstances may necessitate the adoption and timely pursuit of new goals and the enactment of a new ordinance or amendment to this chapter that may neither require nor allow for the adoption of a new Comprehensive Plan. The chapter also is generally consistent with the Clarion County Comprehensive Plan adopted in 2004.
§ 210-3 Community development objectives.
The districts and regulations herein are made in accordance with the Comprehensive Plan for the general welfare of the Borough and are intended to achieve, among others, the following objectives:
A.
To provide for a balance of and diversity in land uses that characterize viable and successful small urban areas;
B.
To accommodate new development while preserving essential and desirable community features, including but not limited to pedestrian access, retention of natural features, historic preservation, sufficient services and infrastructure, and human scale;
C.
To promote the viability of the Borough's central business district, while allowing for limited nonresidential use throughout the Borough;
D.
To maintain the integrity of existing residential structures and their continued occupation and repair and to provide the stability of owner-occupied residential neighborhoods;
E.
To provide affordable and appropriately maintained rental housing for full-time residents and students and across economic and age classes;
F.
To establish a community partnership with large-scale educational uses that accommodates their future needs while preserving adjacent intact neighborhoods and promoting the continued viability of the central business district; and
G.
To establish appropriate buffers and other design features that minimize adverse impacts at the interface between residential and nonresidential areas and between low-density and higher density residential areas.
§ 210-4 Scope.
A.
Except as otherwise provided herein, from and after the effective date of this chapter the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, added to, or relocated in Clarion Borough shall be in conformity with the provisions of this chapter. A zoning/building permit or combined building/zoning permit, as circumstance dictates, is required prior to the start of construction, development or occupancy.
B.
Any legally existing building or structure or use of land, building or structure not in conformity with the regulations herein shall be regarded as nonconforming, but may be continued, extended, or changed subject to the special regulations provided herein with respect to nonconforming buildings, structures, or uses.
C.
This chapter shall not apply to any existing or proposed buildings or structures used or to be used by a public utility corporation if, upon petition of the utility, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed building or structure, or extension thereof, is reasonably necessary for the convenience or welfare of the public. This exemption shall not apply to wireless telecommunications antennas, communications equipment buildings, and towers regulated under the 1996 Telecommunications Act, to electric distribution facilities or to any utility use that has been deregulated by the appropriate state and/or federal agencies.
D.
This chapter shall not apply to any existing or proposed uses, buildings, structures, signs, or extension thereof, occupied, owned and/or operated by the Borough.
§ 210-5 Interpretation.
A.
In interpreting and applying the provisions of this chapter, due consideration shall be given to the promotion of the health, safety, and general welfare of the residents of the Borough.
B.
In interpreting and applying the provisions of this chapter to determine the extent of the restriction upon the use of a property, where doubt exists as to the intended meaning of the language written and adopted by the Borough Council, the provisions shall be interpreted in favor of the property owner and against any implied extension of the restriction.
C.
In this chapter, when not inconsistent with the context:
(1)
Words in the present tense imply also the future tense;
(2)
The singular includes the plural;
(3)
The male gender includes the female gender;
(4)
The word "person" includes an individual, partnership, corporation, association, governmental entity, trustee, receiver, successor, assignee, agent or similar representative; and
(5)
The term "shall" or "must" is always mandatory.
D.
References to laws, codes, ordinances, guidelines, resolutions, plans, maps, governmental bodies, commissions or agencies, or officials are to those in effect or office from time to time, including amendments or revisions thereto or successors thereof, unless this chapter indicates another reference is intended.
§ 210-6 Conflict.
A.
This chapter does not repeal, annul or interfere with any prior existing ordinances or with any approval or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter.
B.
Where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or the size of open spaces than are required by the provisions of any other ordinance, then the provisions of this chapter shall control.
C.
If a discrepancy exists between any provisions contained within this chapter and any other ordinance, the provision which imposes the greater restriction shall apply.
§ 210-7 Uses not provided for.
A.
Whenever a use is neither specifically permitted nor denied by this chapter and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception.
B.
The applicant for such use must satisfy all of the informational requirements and standards governing special exception application as set forth in § 210-67B(1). In addition, the applicant for such use also must submit with the application a written analysis that with particularity addresses the following:
(1)
That the proposed use is not permitted in any other district under the terms of this chapter;
(2)
That the proposed use is similar to and compatible with permitted use(s) in the district in which the subject property is located;
(3)
That the proposed use is proposed in a manner that complies with all applicable requirements imposed upon the other use(s) identified by the applicant in Subsection B(2); and
(4)
That the use is proposed in a manner that minimizes any likely impacts that would be generated uniquely by the proposed use.
C.
To approve the use the Board must find that the proposed use satisfies the informational and objective standards applicable to special exceptions set forth in § 210-67B and further find that the use:
(1)
Is not permitted in any other district under the terms of this chapter;
(2)
Is similar to and compatible with one or more permitted uses in the district in which the subject property is located;
(3)
Is proposed in a manner that complies with all applicable requirements imposed upon other use(s) that, in the opinion of the Zoning Hearing Board, are most closely similar to the proposed use and which requirements, in the opinion of the Zoning Hearing Board, address the likely impacts that will be generated by the proposed use;
(4)
Complies with all other applicable sections of this chapter and other ordinances of the Borough;
(5)
Does not conflict with the general purposes and intent of this chapter; and
(6)
Would not be detrimental to the public health, safety and welfare of the neighborhood or Borough.
D.
The burden of proof shall be upon the applicant to demonstrate that the proposed use meets all applicable regulations contained within this chapter.
§ 210-8 Limitation on principal uses and buildings.
A.
Except where otherwise provided herein, only one principal use shall be permitted on a single lot.
B.
In any nonresidential building, any number of uses allowed in the district(s) where the building is located is permitted, provided that the applicable general requirements are satisfied for each use.
C.
To meet the particular needs of the Borough, only one principal building per lot is permitted in the R-1 Single-Family Residential District. In all other districts more than one principal building per lot is permitted, provided that a minimum distance of 20 feet exists between all buildings on the lot and all area, yard and height requirements for the district are satisfied for each building.
§ 210-9 Establishment of districts.
A.
For the purpose of this chapter, Clarion Borough is hereby divided into districts, which are described in Article II and which shall be shown on the Zoning Map and designated as follows:
R-1 | Single-Family Residential | |
R-2 | Medium-Density Residential | |
R-3 | High-Density Residential | |
MU | Mixed Use District | |
C-1 | Commercial | |
C-2 | Commercial | |
CI | Commercial and Industrial | |
E | Educational |
B.
For purposes of this chapter, the R-1, R-2, R-3 and MU Districts are residential districts.
§ 210-10 District boundary lines.
A.
The district boundary lines shall be as shown on the Zoning Map. District boundary lines are intended to coincide with the corporate boundary of the Borough; to coincide with lot lines, center lines of streets and alleys, railroad rights-of-way, and streams as may exist at the time of passage of this chapter or, where such features are not proximate to the district boundary lines, to exist as dimensioned on the Zoning Map. Where uncertainty exists as to the boundaries of the districts as indicated on the Zoning Map, the following rules and guidelines shall be applicable.
(1)
Where district boundaries are indicated as approximately coinciding with the center lines of streets, highways, lanes, alleys, railroad tracks, rivers or creeks, such center line shall be construed to be such boundaries.
(2)
Where district boundaries are indicated as approximately coinciding with lot lines or deed lines, such lines shall be construed to be such boundaries.
(3)
Where district boundaries are indicated as approximately coinciding with municipal boundary lines, such lines shall be construed to be such boundaries.
(4)
Where district boundaries are indicated as being approximately perpendicular to the right-of-way lines of streets or highways, such district boundaries shall be construed as being perpendicular to the right-of-way lines.
B.
In the event of dispute about the location of the boundary of any district, the Zoning Officer shall investigate the legislative records of the Borough as may exist that are relevant to the drafting, consideration and adoption of the Zoning Map and render a determination on the location of the line from such records. Appeals from this determination shall be made to the Zoning Hearing Board.
§ 210-11 Definitions of specific words and phrases.
The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.
A driveway having a minimum width of 10 feet and a maximum width of 12 feet intended to provide ingress and egress to an improved parking area.
A detached, subordinate building, the use of which is customarily incidental to that of the principal use and which is located on the same lot as the principal use.
A use customarily incidental and subordinate to the principal use or building and which is located on the same lot as the principal use or building.
The state of sharing a common property line, district line or right-of-way line and, in the case of lots and uses, being separated by a street or alley.
Any establishment which has as a substantial or significant portion of its stock-in-trade:
Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and/or
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or massage therapist who is both nationally certified in the therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork and who is a professional member with active status in good standing of the American Massage Therapy Association.
Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
Any place to which the public is permitted or invited for presenting any form of audio or visual material, including coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
A nightclub, theater, bar, concert hall, auditorium or other establishment, either indoor or outdoor, which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
Any of the following, either alone or in combination with any other use, and any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
An establishment having as a substantial or significant portion of its stock-in-trade, or in which are displayed or viewed, magazines, periodicals, books, drawings, photographs, videos, paraphernalia or other materials that are distinguished or characterized by their emphasis on depicting, describing or displaying sexual activities or conduct or exposed male or female genital areas.
An establishment or place of assembly to which the public is permitted or invited:
Which has all or a substantial or significant portion of its stock-in-trade consisting of any the following items, whether alone or in combination:
Books, magazines or other periodicals as well as films or other forms of audio or visual representation that are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or exposed male or female genital areas; and/or
Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct.
Wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or exposed male or female genital areas;
Which features male and/or female entertainers who engage in activities such as topless or bottomless dancing or stripping, or persons whose performance or activities include simulated or actual sex acts; and/or
Which offers its patrons any other retail goods, services or entertainment which is characterized by an emphasis on matter or activities relating to, depicting, describing or displaying sexual activity or conduct or exposed male or female genital areas.
A landowner or developer, as hereinafter defined, who has filed an application for development or permit, including his heirs, successors, assigns and agents.
The two-dimensional measurement of space between known lines or boundaries.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of awnings, terraces and steps (e.g., top view).
FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room closets, hallways, stairways and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches. For purposes of this definition, "floor area" does not include unfinished cellars and attics.
LOT AREAThe total surface area contained within the property lines of a lot, exclusive of public and private street rights-of-way.
A residential structure providing lodging, managed by a resident manager, for transient overnight guests. Such lodging may include common eating facilities for the provision of meals to the guests. Neither a rooming house use nor a student dwelling use are a bed-and-breakfast use.
Any structure with a roof, whether open or enclosed, intended for shelter or enclosure of persons, animals or property.
See "area."
A building's vertical measurement from the mean level of the ground at the corners of the building to the highest point of the building, excluding any antennas or other appurtenances.
See "setback."
Real estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980,[1] are designated for separate ownership, and the remainder of which is designed for common ownership solely by the owners of those portions.
A business which involves the retail sales and/or rental of household products and foods and one or more of the following activities:
Retail sales or rental of books, magazines, videos, software and video games, provided that adult uses are expressly prohibited;
Restaurants, including drive-through or fast-food operations;
Amusement arcades;
Photomats and film development dropoff sites;
Laundry, dry cleaning and tailoring dropoff sites;
Propane fuel sales;
Dispensing of automobile fuels and compressed air, and retail sale of oil, washer fluid, and other auto-related items;
Car washes; and/or
Post offices and other parcel delivery dropoff sites.
Provision of out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives, day care furnished in places of worship during religious services and day care for three or fewer children provided at an established residence and conducted in a manner that meets the requirements for a home occupation.
FAMILY DAY-CARE HOMEEstablished residence in which day care is provided at any one time to four to six children who are unrelated to the caregiver.
GROUP DAY-CARE HOMEEstablished residence in which day care is provided at any one time to seven to 12 children.
DAY-CARE CENTERFacility, other than an established residence, where day care is provided.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land, a land development or a use requiring zoning approval.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
A land area with designated boundaries as indicated on the Zoning Map and within which certain uniform requirements apply under the provisions of this chapter.
Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals and nursing homes; hotels and motels; boardinghouses, rooming and lodging houses; institutional houses; and tourist courts and the like, offering overnight accommodations for guests or patients.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile and modular homes designed and constructed in accordance with the Uniform Construction Code can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile and/or modular home is securely anchored to the permanent foundation, and all of the apparatus used to transport the unit are removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings.
MOBILE HOMEA transportable, single-family dwelling contained in one or more units designed to be joined into one integral unit, capable of being separated for repeated towing and which arrives on a site on its own chassis, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation, subject to the Pennsylvania Industrialized Housing Act and the Federal Mobile Home Construction and Safety Standards Act.
MULTIPLE FAMILYA building containing three or more dwelling units.
TOWNHOUSEA building containing between three and six dwelling units, each under single ownership, arranged in a side-by-side configuration with two or more common walls.
TWO-FAMILYA freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration.
A dwelling occupied exclusively or primarily by three or more persons, unrelated by blood, who are attending undergraduate or graduate programs or who are on semester or summer break from such studies. Student dwelling units shall be considered as single-family, two-family or multiple-family dwelling units, as appropriate, unless otherwise specified by this chapter.
An interest in land owned by another person, consisting in the right to use or to control use of land, or areas above or below it, for a specific limited purpose. The grant of an easement reserves to the owner of the land all other incidents of ownership.
Any one of the following:
A single individual occupying a dwelling unit and maintaining a household.
Two or more persons related by blood, marriage, adoption or other decree of legal union or custody occupying a dwelling unit and maintaining a common household.
Not more than two unrelated persons occupying a dwelling unit and maintaining a common household, provided that:
In any district, "family" also means minor dependent children of one or both of the unrelated persons;
In the R-2 District, "family" also means not more than three unrelated persons occupying a dwelling unit and maintaining a common household; and
In the R-3 District, "family" also means not more than four unrelated persons occupying a dwelling unit and maintaining a common household.
Not more than five unrelated persons who are the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping, meal preparation, and the cleaning of their dwelling unit together, and who are part of a community-based residential home that qualifies as a community living arrangement licensed by the Pennsylvania Department of Public Welfare or other appropriate federal or state agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms of the Fair Housing Amendments Act of 1988, and where the operator of the home provides room and board, personal care, rehabilitative services, and supervision in a family environment. The presence of staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit as a "family."
For purposes of this definition, "common household" means living, dining, cooking and bathroom spaces are shared or intended to be shared by the occupants occupying a single dwelling unit.
For purposes of this definition, "full bathroom" means a plumbed room equipped with a commode, wash basin and tub or shower.
An area of land, together with any structures thereon, used for the retail sale of motor fuel and lubricants and incidental services such as lubrication and hand washing of motor vehicles and sale, installation or minor repairs of tires, batteries and similar vehicle accessories, but not including sale, installation, repair or service of engines, transmission, radiators and similar vehicle components, collision repair, vehicle storage (whether operable or inoperable), towing or inspection.
An occupation customarily conducted within a dwelling unit that is clearly incidental and secondary to the residential use of the dwelling. The following uses are expressly prohibited as home occupations: day-care facilities; tourist homes; wholesale sales; storage or mail order activities in which goods are distributed from the dwelling or property; the repair, servicing, storage or rental of motor vehicles; offices of medical practitioners; and machine and welding shops.
Any structure or paving placed upon land, including the provision of underground or aboveground utilities, as well as any physical change to the surface of the land, including but not necessarily limited to grading, paving, the placement of stormwater management facilities, sidewalks, street signs, traffic control devices, and monuments. This definition expressly excludes the tilling of soil for planting.
Used materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings and appliances, machinery, disabled vehicles or parts thereof, all of which are being stored awaiting potential reuse or ultimate disposal. For the purposes of this definition, a disabled vehicle is a vehicle intended to be self-propelled that does not have a valid current registration plate or certificate of inspection or is not operable under its own power for any reason or is without intact and operable tires, doors, windows and noise management components.
An area of land, with or without buildings, used for the storage outside a completely enclosed building of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, appliances, machinery, disabled vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of same.
A structure or part thereof used for the purpose, for compensation, of raising, breeding, training or boarding of dogs, cats and other domesticated animals permitted to be kept in the Borough.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
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 the occupants or tenure; or
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.
A subdivision of land.
In accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code,[2] the following activities are excluded from the definition of land development:
The conversion of an existing single-family detached dwelling, two-family dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
The addition of an accessory building on a lot or lots subordinate to an existing principal building; provided, however, that the addition of a nonresidential building does not:
Exceed a total square footage of 1,000 square feet or 10% of the principal nonresidential building's square footage, whichever is less, as existed as of any addition of an accessory building or buildings made following the effective date of this chapter;
Create negative stormwater impacts on existing stormwater facilities or on neighboring properties;
Require the construction of additional access drive(s); and
Relieve the need for DEP sewer planning module or exemption.
The addition or conversion of buildings, structures or rides within an amusement, theme and/or zoo park.
The 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 or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
A 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.
LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.
LOT, INTERIORA lot with only one street frontage.
LOT, THROUGH/REVERSE FRONTAGEA lot, other than a corner lot, having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
For purposes of regulation under this chapter, a percentage of the lot area which may be covered with buildings, decks, porches, swimming pools, sheds, garages and gazebos, including any portion thereof elevated above grade.
A recorded boundary line of a lot; however, any edge of an adjoining street or other public or quasi-public right-of-way shall be interpreted as the lot line for the purposes of determining the location of the setbacks required by this chapter.
LOT LINE, FRONTThe lot line coincident with the right-of-way line of a street.
LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.
LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.
The horizontal distance measured between side property lines along the minimum front yard setback line and at the street right-of-way line. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line along the minimum front yard setback line and at the street right-of-way line along the street of address.
HEAVYAny manufacturing use not encompassed by the definition of light manufacturing.
LIGHTThe assembly, fabrication, manufacture, production or processing of goods or products where no process involved produces noise, vibration, air pollution, fire hazard or emissions measurable at the property line.
An enclosed building or enclosed area within a building in which the only service offered or provided to patrons consists of body massages, body rubs or other physical manipulation of the patron's body, but shall not be construed to include chiropractic or osteopathic professional practices.
A person, other than those licensed by the Commonwealth of Pennsylvania as medical physicians, osteopaths or chiropractors, trained in the use of massage to relieve bodily tension or muscular discomfort, provided such person provides the Borough with documentation of his or her training degree or certification.
A professional office use that provides outpatient health services, including dental, orthopedic, chiropractic, psychological and psychiatric services, but excluding retail pharmacies, retail medical suppliers, insane asylums and similar institutions, and penal or correctional institutions.
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient residential use.
A use providing any or all of the following services:
Collision service, including body, fender and frame repair; painting and refinishing; and window glass replacement.
Repair and overhaul of engines, transmissions, differentials, axles, clutches, radiators and related items.
Incidental storage of motor vehicles (whether operable or inoperable) or motor vehicle parts intended for providing replacement parts, provided that such vehicles and parts are screened from the public view.
See § 210-52.
A building or structure or part thereof which lawfully existed prior to the adoption or amendment of this chapter or its predecessors, but which fails to comply with applicable requirements of the district in which it is located by reasons of such adoption or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter or its predecessors, but which fails to conform to the requirements of the district in which it is located by reasons of such adoption or amendment.
A use, whether of land, building or structure, which was lawful prior to the adoption or amendment of this chapter or its predecessors, but which fails to conform to the requirements of the district in which it is located by reasons of such adoption or amendment.
Any aspect of a land use, building or structure which was lawful prior to the adoption or amendment of this chapter or its predecessors, but which fails to comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, parking or any other design or performance standard specified by this chapter, excepting when such nonconformity is the result of the acquisition of land and/or rights-of-way by a governmental agency.
A building or a space in a building, the primary use of which is the conduct of the affairs of a business, profession, service or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products, except that office supplies necessary for the operation may be stored as an incidental use. An office shall only involve the incidental sales or delivery of any materials, goods or products physically located on the premises.
An accessory use in which required and potentially additional parking spaces are provided subject to the requirements listed in § 210-27 of this chapter.
A lot or structure whose principal use is the parking or storage of motor vehicles, other than commercial and public utility vehicles, for specified time periods or on a rental basis, but not including the storage of towed, inoperable or impounded motor vehicles, recreational vehicles or marine vehicles.
Frequent or recurrent needed services of a personal nature which do not involve primarily retail sales of goods or professional services, including, as example, a hairdresser, barber, tailor, shoe repair or masseuse, but not including tattoo artists.
The primary or predominant use to which property is devoted.
Services recognized by the general public as the practice of a profession for gain and livelihood in a field subject to license or registration through and regulation by the laws of the commonwealth and requiring special knowledge, skill, education, training and expertise, including, as example, an accountant, architect, attorney, dentist, engineer, insurance agent, medical or osteopathic doctor, and surveyor, but not an artist or musician.
A structure containing separate, individual and private spaces of varying sizes that are leased or rented on an individual basis for various periods of time.
An area that may or may not be secured for public use and which may, but need not be, improved with streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights and similar improvements for public benefit or enjoyment.
A dwelling that has more than four sleeping rooms for rent to persons not related to its other occupants. The term "rooming house" includes the term "boardinghouse." A rooming house is not a bed-and-breakfast or student housing.
Except as otherwise provided in this chapter, a fence, wall or landscaping at least six feet in height and placed on the property in such manner as to effectively block a line of sight.
A structure and/or facility with dwelling units that are specifically designed for and occupied by elderly persons 55 and over which provides supportive residential services which may include housekeeping, twenty-four-hour emergency call system, exercise programs, beauty salon, local transportation, laundry facilities, multipurpose and community rooms, and recreational programs, together with accessory uses customarily incidental to senior living.
[Added 11-3-2015 by Ord. No. 2015-810]
The required horizontal distance between the closest part of a building, excluding roof overhangs, structure or use and, in the case of a front yard, all adjoining right-of-way lines; in the case of a side yard, all side lot lines; and in the case of a rear yard, all rear lot lines.
SETBACK, FRONTThe distance between the street line and the front building setback line projected the full width of the lot. Commonly called "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
A device used for visual communication that is used to bring the subject to the attention of the public from an adjoining road or adjoining property standing at grade.
Sign types:
BILLBOARDAn off-premises sign which directs attention to a product, service, business or cause.
CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.
FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.
PORTABLE SIGNA moveable sign constructed with an integral support structure and not permanently attached to a building or support structure. The definition of portable sign does not include a sandwich board sign.
PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall or extends beyond the outside edges of the wall to which it is attached.
SANDWICH BOARD SIGNA moveable sign constructed with an integral support structure and which is not physically attached to a building, is of a size that can be easily moved by a single person, and is erected only during those times the business or activity to which it relates is open or in operation.
WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.
The term "sign" includes, but is not limited to:
Lettering, logos, trademarks and other symbols that are an integral part of the architectural design of a building, which are applied to a building or which are located elsewhere on the premises;
Signs that are affixed to windows or glass doors or are otherwise internally mounted such that they are legible from an adjoining road or adjoining property;
Insignia of civic, charitable, religious, fraternal, patriotic and similar organizations;
Insignia of governments and government agencies;
Banners, pennants and similar objects, but not including tinsel or similar reflective material;
Inflatable objects as a temporary and special promotional device;
Paintings applied to exterior building walls; and
Other objects or their use specifically associated with the subject of the sign.
The term "sign" shall not include the following:
Architectural features that may be identified with a particular business;
Paintings affixed to windows;
Backlit awnings that include no lettering, logos or other symbols;
Signs within a building that are obviously intended to be seen primarily from within the building;
Outdoor signs intended to be seen only within a property, such as menu signs for fast-food restaurant drive-through lanes, provided such signs are not legible from an adjoining road or adjoining property;
Signs with regulations within a park, provided such signs are not legible from an adjoining road or adjoining property;
Identification of a building's name, owner, architect, use or date of construction that has been permanently inscribed or inserted on a building's front facade prior to adoption of this chapter;
Flags of governments or government agencies, schools, churches and veterans organizations;
Decorative seasonal and holiday banners on residential properties; and
Display of merchandise either behind store windows or outdoors.
Less than completely covered or opaquely covered human genitals, pubic area, buttocks, and female breasts below a point immediately above the top of the areola, and male genitalia in a discernibly turgid state even if completely and opaquely covered.
Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
That part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building that is more than two feet below the top plate shall be counted as a half story. A basement shall be counted a story if it averages more than five feet above grade.
A 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, but not including driveways and access drives.
Any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land, excluding stormwater management retention/detention basins and related inlet and/or outlet devices, sidewalks, driveways leading directly to a public street, and public utility lines and appurtenances. Structures shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STRUCTURE, PRINCIPALA structure associated with a primary use.
A person registered to be enrolled or who is enrolled and matriculating at Clarion University or who is on a semester or summer break from such studies or an emancipated person registered to be enrolled or who is enrolled in and matriculating at a secondary school.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development. The 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.
The specific purpose(s) for which land or a structure is designed, arranged, intended, occupied or maintained.
An area between the permitted structures and the property lines.
YARD, FRONTThe area contained between the principal structure and the street right-of-way line. On corner lots, the front yard shall be the area contained between the principal structure and each adjoining streets. On through lots that are not corner lots, the front yard shall be the area contained between the principal structure and the adjoining street of address.
YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address.
YARD, SIDEThe area contained between a principal structure and any side lot line. On corner lots, the side yard shall be the area contained between the principal structure and the property line directly opposite the nonaddress street.