1.   Unless otherwise expressly stated, the following words shall, for the purpose of this Chapter, have the meaning herein indicated.

2.   Words used in the present tense includes the future. The singular number includes the plural, and words in the plural number include the singular.

3.   The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

4.   The word “lot” includes the word “plot” or “parcel.”

5.   The word “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended,” “arranged” or “designed to be used or occupied.”

6.   The term “shall” is always mandatory, the word “may” is permissive.

   ACCESSORY BUILDING - a building detached from and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building. Vehicles or any parts thereof cannot be used as accessory buildings.

   ACCESSORY USE - a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

   ACT 247 - see “Pennsylvania Municipalities Planning Code.” [Ord. 283]

   ALTERATIONS - as applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.

   ALTERATIONS, STRUCTURAL - any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

   APARTMENT BUILDING - a building occupied by three or more dwelling units.

   AREA, LOT - the total area within the lot lines, excluding right-of-way areas.

   BASEMENT - a story partly below the finished grade, but having more than one-half of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A basement shall be considered as one story in determining the permissible number of stories.

   BOARD - any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications. [Ord. 261]

   BOROUGH - Cleona Borough, Lebanon County, Pennsylvania.

   BUILD - to erect, convert, enlarge, reconstruct or structurally alter a building or structure.

   BUILDING - a structure which is designated and suitable for the habitation or shelter of human beings or animals, or the shelter or storage of property or for use and occupation for some purpose of trade or manufacture.

   BUILDING AREA - the total area of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.

   BUILDING DETACHED - a building surrounded by open space on the same lot.

   BUILDING LINE - a line parallel to the front, side or rear lot line set so as to provide the required yard setbacks.

   BUILDING, PRINCIPAL - a nonaccessory building in which the principal use of the lot is conducted.

   BUILDING, SEMIDETACHED - a building which has one wall in common with an adjacent building.

   CARPORT - see “garage, private.”

   CELLAR - a story partly below the finished grade having more than one-half of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.

   CERTIFICATE OF ZONING COMPLIANCE - a certificate issued and enforced by the Zoning Officer upon the completion of the construction of a new building or upon a change or conversion of the structure or use of a building which certifies that all requirements and regulations as provided herein and all other applicable requirements have been complied with.

   CONDITIONAL USE - a use permitted in a particular zoning district only showing that such use will comply with all conditions and standards for the location and operation of such use as specified in this Chapter and authorized by the Borough Council. [Ord. 283]

   COVERAGE - the percentage of the plot or lot area covered by a building or buildings.

   DECISION - final adjudication of any board or other body granted jurisdiction under any land use ordinance or this Chapter 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. [Ord. 261]

   DETERMINATION - final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

   A.   The Borough Council;

   B.   The Zoning Hearing Board; or,

   C.   The Planning Agency, only if and to the extent the Planning Agency 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.

[Ord. 261]

   DOG KENNEL - any premises, except where accessory to an agricultural use, where three or more dogs, 10 weeks in age or older, are kept or boarded.

   DRIVE-IN RESTAURANT - a commercial establishment where food or beverage is sold for consumption on the premises but not necessarily within a building.

   DWELLING UNIT - one or more rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on weekly, monthly or longer basis, and physically separated from any other room or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

   DWELLING, SINGLE-FAMILY - a detached building designed for or occupied exclusively by one family. Conventional or modular homes are considered single-family dwellings, but this shall not be construed to include single unit mobile homes.

   DWELLING, TWO-FAMILY - a detached or semidetached residential building containing two dwelling units designed for occupancy by not more than two families.

   DWELLING, MULTIFAMILY - a building designed for or occupied by three or more families living independently of each other and doing their own cooking, including apartment houses.

   DWELLING, GROUP - a group of two or more single-family, two-family or multifamily dwellings occupying a lot in one ownership.

   FAMILY - one or more persons occupying a dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons but, provided further, that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

   FLOOR AREA, LIVABLE - the sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen or bedroom, but not including cellars, attics, garages, enclosed porches and roofed terraces, nor unheated areas such as enclosed porches. In no case shall the livable floor area be less than 750 square feet for a single-family dwelling used for permanent occupancy

   GARAGE, APARTMENT - a dwelling unit for not more than one family erected above a garage, provided that the garage is accessory to the main building.

   GARAGE, PRIVATE - an enclosed or covered space for the storage of one or more vehicles, provided that no business, occupation or service is conducted for profit therein.

   GARAGE, PUBLIC - any garage other than a private garage, which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.

   GASOLINE SERVICE STATION - a structure, building or area of land or any portion thereof that is used primarily for the sale of gasoline or other motor vehicle fuel which may or may not include facilities for lubricating, washing, selling of accessories and otherwise servicing motor vehicles, including minor repairs, but not including body or paint shops. Any business or industry dispensing gasoline solely for its own use and vehicles will not be deemed to be a gasoline service station.

   GRADE, FINISHED - the average level of the finished surface of the ground for buildings more than 5 feet from a street line. For buildings closer than 5 feet to a street, the grade is sidewalk elevation at the center of the building. If there is no sidewalk, the Borough Engineer shall establish the grade at sidewalk location.

   GROUP CARE FACILITY - a group of individuals not related by blood or marriage, adoption, or guardianship, living together in a single-family dwelling unit as one housekeeping unit under a common household keeping management plan based on an intentionally structured relationship providing organization and stability. A “group care facility” shall not include hospitals, sanitariums, clinics, or professional offices. [Ord. 283]

   HEIGHT OF BUILDING - the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections.

   HOME OCCUPATIONS - any lawful, gainful service oriented occupation or profession operated by a member of the immediate family residing on the premises, and where the business or profession is conducted wholly within the dwelling. (See “Supplemental District Regulations” for further stipulations.)

   HOSPITAL - a place for the diagnosis, treatment or other care of humans and having facilities for inpatient care including such establishments as a sanatarium, sanatorium, and preventorium.

   HOTEL OR LODGING HOUSE - a building used as the more or less temporary abiding place of three or more individuals who are for compensation lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite.

   JUNKYARD - a lot or structure, or part thereof, used primarily for the collecting, storage, and/or sale of waste paper, rags, scrap, metal, discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

   LAUNDROMAT - a business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

   LOADING SPACE - an off-street space not less than 12 feet wide, 55 feet long and having a minimum clear height of 15 feet, exclusive of access area, for the parking of one vehicle while loading or unloading merchandise or materials.

   LOT - 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. [Ord. 261]

   LOT AREA - an area of land which is determined by the limits of the property line bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

   LOT, CORNER - a lot at the point of intersection of and abutting on two or more intersecting streets, and which has an interior angle of less than 135º at the intersection of the two street lines.

   LOT, INTERIOR - a lot other than a corner lot, the sides of which do not abut a street.

   LOT, THROUGH - an interior lot having frontage on two parallel or approximately parallel streets.

   LOT LINE - any line dividing a lot from another lot, street or parcel.

   LOT WIDTH - the mean width measured at the building setback line between side lot lines parallel to the front lot line.

   MARGINAL ACCESS STREET - a public thoroughfare or private road which has a right-of-way less than 20 feet in width.

   MOBILE HOME - a transportable, single unit dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

   MOBILE HOME LOT - a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. [Ord. 261]

   MOBILE HOME PARK - a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. [Ord. 261]

   MOBILE HOME SUBDIVISION - an area designated exclusively for mobile homes where lots are not rented but sold.

   MODULAR HOME - a sectional, single-family dwelling intended for permanent occupancy, contained in two or more units designed to be permanently joined into one integral unit, which arrives at a site complete and ready for occupancy except for assembly operations and construction of the necessary permanent foundation.

   MOTEL - a building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designated with separate entrances and designed for occupancy primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term “motel” includes buildings designated as tourist courts, tourist cabins, motor lodges and similar terms, but shall not be construed to include mobile or immobile trailers or homes.

   MUNICIPAL AUTHORITY - a 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.” [Ord. 261]

   NO-IMPACT HOME-BASED BUSINESS - a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling which involves no customer, client or patient traffic, whether vehicular or pedestrian, pick-up, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. [Ord. 283]

   NONCONFORMING LOT - a lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment. [Ord. 261]

   NONCONFORMING STRUCTURE - a structure or part of a structure manifestly not designed to comply with the use or extent of use 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. [Ord. 261]

   NONCONFORMING USE - a 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. [Ord. 261]

   NONCONFORMING SIGN - a sign which does not conform to the regulations of the district in which it is located.

   NURSING OR CONVALESCENT HOME - a building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

   OFFICE BUILDING - a building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic organizations.

   OPEN SPACE - the unoccupied space open to the sky on the same lot with the building.

   PARKING SPACE - the space within a building or on a lot or parking lot, for the parking or storage of one automobile (minimum size 200 square feet, dimension 10 feet by 20 feet), exclusive of passage ways and driveways and not an integral portion of the street.

   PENNSYLVANIA MUNICIPALITIES PLANNING CODE - this enabling legislation provides the mechanism whereby municipalities can plan for community development through the adoption of a comprehensive plan and zoning ordinance and the establish ment of planning commissions, planning departments, and zoning hearing boards. The Code authorizes the above bodies to request appropriations, charge fees, make inspections, hold public hearings, make legal appeals, and process penalties for violations. For the purpose of this Part, the Code, enacted as Act 247 of 1968, is intended to include the current code and any present or future amendments. [Ord. 283]

   PLANNED RESIDENTIAL DEVELOPMENT - an area of land to be developed as a single entity for a number of dwelling units, for which the subdivision plan does not comply in lot size, size or type of dwelling, density, lot coverage and/or required open space to the regulations established in any one residential district created under the provisions of this Chapter.

   PLANNING COMMISSION - the Cleona Borough Planning Commission.

   PREMISES - any lot, parcel or tract of land and any building constructed thereon.

   PRIVATE ROAD - a legally established right-of-way, other than a public street, which provides the primary vehicular access to a lot.

   PUBLIC GROUNDS - includes:

   A.   Parks, playgrounds, trails, paths and other recreational areas and other public areas;

   B.   Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and,

   C.   Publicly owned or operated scenic and historic sites.

[Ord. 261]

   PUBLIC HEARING - a formal meeting held pursuant to public notice by the Borough Council or Planning Agency, intended to inform and obtain public comment prior to taking action in accordance with this Chapter. [Ord. 261]

   PUBLIC MEETING - a forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act,” 53 P.S. § 271 et seq. [Ord. 261]

   ROW HOUSE (TOWNHOUSE OR ATTACHED DWELLING) - three or more single- family dwellings in a group, one or more of which have two walls in common with adjoining dwellings.

   SANATARIUM, SANATORIUM - a private hospital, whether or not such facility is operated for profit.

   SETBACK - the horizontal distance from a lot line to that part of the building nearest to such lot line.

   SCREEN PLANTING - a vegetative material of sufficient height and density to screen the view, in adjoining districts, of the structures and uses on the premises upon which the screen planting is located.

   SHOPPING CENTER - a group of stores, six or more in number, planned and designed as an integrated unit with off-street parking provided on the property as an integral part of the unit. It shall also mean a single store or a group of stores less than six in number where the total gross floor area of the store or stores exceeds 40,000 square feet.

   SIGN - the word “sign” includes any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol or trademark); or any other device of similar character which (A) is a structure or any part thereof, or is attached to, painted on or in any other manner represented on a building or other structure; (B) used to announce, direct attention to or advertise; and, (C) is visible from outside of a building.

   SIGN, ADVERTISING - any sign which is owned by any person, firm or corporation engaged in the business of outdoor advertising for direct profit, gained from the rental of such signs or any sign advertising a commodity not sold or produced on the premises. Also included are “billboards” and off-premises signs indicating the direction to a particular place.

   STORY - that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. A story does not include a cellar.

   STREET LINE - the line determining the limit of the street or public right-of-way, either existing or contemplated. Also referred to as the street lot line or right-of-way line. Where a definite right-of-way width has not been established, the street line shall be determined as a line 25 feet from the centerline of the existing street.

   SUBDIVISION - 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, transfer of ownership, or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.

   YARD - a required open space other than a court unoccupied by a structure; however, fences, walls, posts, trees, lawn furniture and other customary yard accessories are permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

   YARD FRONT - a yard provided between the front property line (street right-of-way line) and a line drawn parallel thereto, and such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.

   YARD, REAR - an open unoccupied space, open to the sky, between the rear property line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.

   YARD, SIDE - an open unoccupied space, open to the sky, between the side property line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district, and extending the full depth of the lot.

   ZONING OFFICER (ZONING ADMINISTRATIVE OFFICIAL) - the agent(s) or official(s) designed by the Borough Council to enforce this Chapter.

   ZONING PERMIT - a permit stating that the purpose for which a building, structure, sign or land is to be used is in conformity with the uses permitted and all other requirements of this Chapter for the zone in which it is located or to be located.