Clifton Heights City Zoning Code
ARTICLE II
Terminology
§ 340-11 Word usage.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The singular shall include the plural, and the plural shall include the singular. The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" or "occupied for." The word "building" shall include the word "structure." The present tense shall include the future tense. The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive. Terms not defined herein shall have the meanings customarily assigned to them.
§ 340-12 Definitions.
In this chapter, the following words, terms and phrases shall have the meanings as shown:
A building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building.
[Amended 5-28-2019 by Ord. No. 869]
A use subordinate to the main use of land or of a building on a lot and used for purposes customarily incidental to those of the main use.
A strip of evergreen plantings or a mix of both evergreen and deciduous plantings which, at the time of planting, are of the minimum height required herein. Such plantings shall be spaced at not more than fifteen-foot intervals. The planted buffer is intended to provide visual beauty, reduce noise and dust and to provide a partial visual screen. Such buffers shall be permanently maintained.
A strip of evergreen plantings which, at the time of planting, are of the minimum height required herein and which shall be of sufficient density to provide an effective visual screen and, thereby, give visual protection to abutting properties. Such screen shall consist of dense evergreens which shall be planted at not more than eight-foot intervals. Such screens shall be permanently maintained.
A strip of land, as required herein, in which no parking areas, driveways or structures are permitted and which shall be planted and/or landscaped in accordance with the regulations contained in Article XIV of this chapter. The purpose of a buffer area is to establish a separation between incompatible uses.
The aggregate of the maximum horizontal cross-sectional areas of all buildings on a lot, including roofed porches, breezeways, and balconies, but excluding sidewalks, driveways, and other hard surface areas not directly related to a building. The area of in-ground swimming pools is included in the building coverage. Decks, patios, sheds, detached garages, above-ground pools, etc., shall not be counted towards building coverage in residential districts.
[Amended 5-28-2019 by Ord. No. 869]
The vertical distance from the average grade (the average of the grades taken at twenty-foot intervals around the perimeter of the building) to the top of the highest point of the roof, excluding chimneys, spires, towers, mechanical penthouses, tanks, antennas and similar projections of the building not intended for human occupancy. Elevator, stair and equipment storage areas, tanks and air-conditioning towers located on the roof shall not be included if they occupy 25% or less of the roof area.
A line parallel to the street right-of-way line at a distance equal to or greater than the depth of the required setback for the district in which the lot is located.
Anything permitted by this chapter or other appropriate ordinance which is constructed or erected with a fixed location on the ground or attached to something with a fixed location on the ground. In-ground swimming pools, towers, and structural supports for water towers and billboards are considered structures.
A roofed shed projecting from the side of a building or standing alone, used as a shelter for motor vehicles.
A document issued by the duly authorized Borough official allowing the occupancy of a building and certifying that the building has been constructed and will be used in compliance with all applicable local codes and ordinances.
A residential facility licensed by the appropriate agency and used as living quarters by persons requiring special care and by their adult supervisors. A family based community living facility is specifically designed to create a residential environment for the following types of individuals: developmentally disabled, mentally ill, physically handicapped, elderly, dependent children, or similar types of individuals who are unable to live without supervision.
A residential facility licensed by the appropriate agency and used as living quarters by persons requiring special care and by their adult supervisors. A residential facility specifically designed to create a residential environment for the mentally retarded.
A use which, because of its potential for impact on the community at large, is permitted by Borough Council following a recommendation by the Borough Planning Commission and a Council-held public hearing and a finding that the applicable standards and criteria of this chapter have been met.
A building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis.
Any change of use or physical layout of a structure from which it was originally intended.
[Amended 5-28-2019 by Ord. No. 869]
A facility which provides supplemental parental care and supervision and/or instruction to five or more children during any portion of the day.
A structure subordinate to and accessory to a residential building, providing exterior, unenclosed, living space for use and enjoyment of the residents of the property and their guests. Said deck may be lighted but shall not be heated or served by other utilities.
A building designed and occupied exclusively as a residence.
SINGLE-FAMILY DWELLINGA dwelling designed and occupied as a residence for one family, but not including mobile homes.
TWO-FAMILY DWELLINGA dwelling designed and occupied as a residence for not more than two families.
MULTIFAMILY DWELLINGA building designed and used exclusively for three or more families living independently of one another.
One or more rooms designed constituting a separate housekeeping unit which, at a minimum, must include cooking, sleeping and sanitary facilities.
[Amended 5-28-2019 by Ord. No. 869]
The grant of one or more of the property rights by the property owner to and/or for the use of the public, a corporation or another person or entity.
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage or adoption, including foster children; or no more than three unrelated individuals living together as a single housekeeping unit with separate kitchen facilities. This definition shall not apply to domestic servants or occupants of a club, lodge, fraternity, boardinghouse or similar use.
A "fence," as used herein, includes but is not limited to any structure composed of natural or manufactured materials designed as an enclosure to prevent intrusion upon a lot and/or to provide privacy for the occupants of the lot.
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. "Gross floor area" also includes but is not limited to the following:
Basement space, if it meets the requirements of a building story as defined in this article.
Elevator shaft, stairwell and attic space providing headroom of six feet or more.
The floor areas of roofed terraces, exterior balconies, breezeways or porches where over 50% of the perimeter is enclosed.
Any floor space used for dwelling purposes no matter where located within a building.
The total of all floor areas of a building, excluding stairwells and elevator shafts, corridors, vestibules, toilet rooms, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for other than storage or mechanical purposes.
A building used for the storage, for compensation, of more than two motor vehicles which may be owned and used by persons other than the owner or tenant of the premises.
A building, used for the storage of one but no more than four motor vehicles, not more than one of which can be a commercial vehicle, owned and used by the tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
A building, or portion thereof, other than a private customer garage, employee garage, or private garage, used primarily for the parking and storage of vehicles and available to the general public.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling. The use of a portion of a dwelling or a building accessory thereto by the residents of the dwelling, with the following restrictions:
[Amended 5-28-2019 by Ord. No. 869]
Such use shall be incidental and subordinate to the dwelling use;
Such use shall not change the residential character of the premises;
Such use shall not involve the use of tools or mechanical equipment other than that customarily used for personal, domestic or hobby purposes;
Such use shall not include the serving or retail sale of consumable products; and
No goods shall be publicly displayed on the premises.
No customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use shall be permitted.
A parcel of land on which a main building and any accessory buildings are or may be placed, together with the required open spaces and setbacks.
The total horizontal area included within the lot lines, except that no portion of the lot within the right-of-way of a street shall be included in the lot area.
[Amended 5-28-2019 by Ord. No. 869]
The mean horizontal distance between the front lot line and the rear lot line. For a corner lot, the depth shall be measured as the minimum distance perpendicular to the front lot line.
Any legally recorded boundary of a lot.
The lot line at the front street line. On a corner lot, the front lot line shall be as designated on an approved final subdivision plan or land development plan or on the side of the main entrance.
Any lot line other than a front lot line, which is parallel with or within 45° of being parallel with the street line and which does not intersect the street line.
[Added 5-28-2019 by Ord. No. 869]
Any lot line which is not a front or a rear lot line.
The width of the lot at the building line, measured at substantially right angles to the depth of the lot.
A "dispensary" as defined in the Medical Marijuana Act of the Commonwealth of Pennsylvania, Act No. 16 of 2016, P.L. 84;[1] being a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof which holds a permit issued by the Department of Health of the Commonwealth of Pennsylvania to dispense medical marijuana.
[Added 7-17-2018 by Ord. No. 860]
A "grower/processor" as defined in the Medical Marijuana Act of the Commonwealth of Pennsylvania, Act No. 16 of 2016, P.L. 84; being a person, including a natural person, corporation, partnership, association, trust or other entity, or combination thereof, which holds a permit issued by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act of the Commonwealth of Pennsylvania to grow and process medical marijuana.
[Added 7-17-2018 by Ord. No. 860]
Medical marijuana as defined in the Medical Marijuana Act of the Commonwealth of Pennsylvania, Act No. 16 of 2016, P.L. 84; being marijuana for certified medical use as set forth in the Medical Marijuana Act of the Commonwealth of Pennsylvania.
[Added 7-17-2018 by Ord. No. 860]
The Medical Marijuana Act of the Commonwealth of Pennsylvania, Act No. 16 of 2016, P.L. 84, as amended from time to time.[2]
[Added 7-17-2018 by Ord. No. 860]
A dispensary or a grower/processor.
[Added 7-17-2018 by Ord. No. 860]
A collection of various separate services, including, but not limited to, offices, retail uses or eating establishments, which are housed in one structure, but which may include some shared common spaces.
A transportable, single-family dwelling, intended for permanent occupancy, contained in one unit or in two units designed to be joined into an integral unit. These units are capable of being separated for repeated towing and arrive at a site complete and ready for occupancy. It is constructed so that it may be used without a permanent foundation.
A building or group of buildings containing five or more guest rooms, without cooking facilities of any kind, especially designed for the temporary lodging of transient guests. Such establishments shall provide guests with customary hotel services such as maid service and the furnishing and laundering of linen. Eating and drinking facilities may be an accessory use to the motel use.
A lot lawfully existing at the effective date of this chapter which does not comply with the requirements of this chapter or the zoning district in which it is situated.
A structure or part of a structure which does not comply with applicable provisions of this chapter, where such structure lawfully existed prior to the enactment of this chapter. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter, but where such use lawfully existed prior to the enactment of this chapter.
A paved area used for the parking of one vehicle. The size and number of such spaces shall be as required in Article XII of this chapter.
A common or shared wall between two separate structures or dwelling units.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent act of the Commonwealth of Pennsylvania which replaces, supplements or repeals any or all of the provisions of Act 247.
A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. These standards are listed in Article XIII of this chapter.
The registry established under the Medical Marijuana Act[3] by the Pennsylvania Department of Health for practitioners.
[Added 7-17-2018 by Ord. No. 860]
Any restaurant in which the method of serving the food or beverage does not involve its being delivered to the customer's table by an employee of the restaurant. This includes all establishments where over 30% of business involves the sale of food or beverages taken out of the restaurant and consumed in places other than the interior of the restaurant.
Any restaurant where the customer is normally served food or beverages, by a restaurant employee, at a table or counter at which said items are consumed, or a cafeteria-style operation where food or beverages are consumed on the premises.
Land set aside for public use or ownership as a street, sidewalk, crosswalk, drainage way, utility course, or other similar facility.
[Added 5-28-2019 by Ord. No. 869]
Those areas along watercourses, ponds, and other water bodies so designated for the preservation or regeneration of natural vegetation for the protection of surface water resources. A riparian buffer is comprised of the area measured within 100 feet of the annual mean high-water edge (top of bank) or to the limit of the 100-year floodplain, whichever distance is greater.
[Added 5-28-2019 by Ord. No. 869]
Any secondary retail or accessory use which is housed in a temporary or movable structure located within 25 feet of a public cartway.
Any object, device, display or illustration, or portion thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers or symbols.
A portable sign having two separate surfaces which meet at the top to form an "A" and supported on these surfaces (i.e., having no pole or other structural support).
A sign or any device used or designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
The area of the sign shall be that area which is part of the sign proper, not including the support structure. In case of signs consisting of several elements or letters, applied individually and directly to a window, door, wall or other part of any structure, the size shall be the smallest rectangle required to enclose all of the individual elements or letters.
A roof-like structure that serves as shelter, or is ornamental, which identifies a business name and address.
A sign limited to directional messages, principally for pedestrian or vehicular traffic, such as entry or exit, one-way, loading or service area, fire lanes, parking or similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
A sign which depicts the menu of food or drink for sale at an eating or drinking establishment.
A sign erected by the state, county, Borough or other legally constituted governmental, public or quasi-public body.
A sign which is constructed of durable, weather-resistant material and which is intended to be displayed for a long period of time, normally more than one year.
A sign mounted to a wall or other vertical building surface which projects more than 12 inches from the wall or surface to which it is mounted.
A sign erected on, above, or projecting above the eave, roof or parapet of any building.
A sign intended to be displayed for a relatively short period of time, or a sign designed for the placement of removable letters and symbols which announce events of short duration.
A sign posted on, suspended from or otherwise affixed to a wall or vertical surface of a building, which sign does not project more than 12 inches from the wall or vertical surface to which it is attached.
A sign attached, affixed or painted on a window or door.
Land with a gradient in excess of 15%.
Those retail uses which are related to automobile traffic and which require substantially more parking per square foot of retail space than other retail uses in the same district and whose hours of operation are not consistent with the majority of other retail uses in the same district.
That part of a building included between the upper surface of a floor and the floor or roof next above. This term shall apply to basements if used for the principal use.
The ultimate line to which a street can be developed.
The working area required by a commercial photographer, artist, architect, draftsman or an individual engaged in a similar occupation, containing only that equipment usually necessary for said type of occupation, and where no goods are publicly displayed on the premises.
That portion of an individual lot which has been improved; said improvement shall include all structures, as well as paved parking areas and driveways. That portion of an individual lot which has been improved; said improvements shall include all physical additions and changes to land, such as grading, paving, curbing, utilities, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, street trees and other plantings and other proposed structures. For purposes of determining the total improvement area, the following shall be deducted from the area:
[Amended 5-28-2019 by Ord. No. 869]
Feature | Percent of Area Deduction |
|---|---|
Stormwater management easements | 100% |
Rights-of-way | 100% |
Surface water | 100% |
Wetlands | 100% |
Steep slopes | 100% |
Riparian buffers | 50% |
Wetland buffer | 50% |
A freestanding structure utilized for storage; said structure shall be one story and shall contain no more than 100 square feet.
An open unoccupied space extending the full width of the lot, the depth of which is the horizontal distance between the front lot line and the principal building. A corner lot shall have a front yard setback on each street on which it abuts. However, when a corner lot abuts on three streets then only two front yard setbacks are required and the remaining frontage shall become a rear yard.
[Amended 5-28-2019 by Ord. No. 869]
An open space extending the full width of the lot, the depth of which is the horizontal distance between the rear lot line and the principal building. In the case of a corner lot the rear yard will extend only to the front yard setback. There will be one side yard, one rear yard and two front yards for each corner lot. If a corner lot abuts three streets the owner or developer must designate on the plot plan which street frontage shall be the rear yard. Any street frontage which is so designated as a rear yard must be contiguous to the side yard.
[Amended 5-28-2019 by Ord. No. 869]
An open space extending from the front yard to the rear yard, the width of which is the horizontal distance between the side lot line and the principal building.
The open space between a lot line and the buildable area within which no building shall be located, except for accessory structures and projections permitted in Article XIII, Performance Standards, of this chapter.