[Amended effective 4-12-2020; 6-21-2025]
When used in this Ordinance, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUT or ABUTTINGAreas of contiguous lots that share a common lot line, but this term does not include lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of "adjacent."
ACCESSORY APARTMENTOne dwelling unit that is created within part of a principal dwelling or above a vehicle garage on a residential lot.
ACCESSORY STRUCTURE (includes ACCESSORY BUILDING)A structure serving a purpose customarily incidental to and subordinate to and in conjunction with the use of the principal use and located on the same lot as the principal use. Accessory structures include but are not limited to a household garage, household storage shed, detached carport, a household swimming pool, or an accessory storage building to a business use. An "Accessory Building" is any accessory structure that meets the definition of a "building." A portion of a principal building used for an accessory use shall not be considered an accessory building.
ACCESSORY USEA use customarily incidental to, subordinate to, and in connection with the principal use or building and located on the same lot with such principal use.
ACTIVE ADULT RESIDENTIAL COMMUNITY (AARC)A residential development and permitted accessory uses intended for occupancy primarily by persons age 55 years of age and older who desire to and who are able to live independently. At least 80% of the dwelling units shall be occupied by at least one person who is 55 years of age or older. No person under the age of 18 years may be a permanent resident within the AARC, nor may such person be an overnight guest of any resident for more than 14 consecutive nights.
ADJACENTTwo or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BOOKSTOREA use that has over 10% of the total floor area occupied by items for sale or rent that are books, films, magazines, video tapes, coin- or token-operated films or video tapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or "specified sexual activities." This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under State law. If such items are within a separate room, then the 10% standard shall apply to the floor area of such room.
ADULT LIVE ENTERTAINMENT FACILITYA use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual "specified sexual activities" to three or more persons and which is related to monetary compensation paid to the person or entity operating the use or to persons involved in such activity.
ADULT MOVIE THEATERA use involving the on-site presentation to three or more persons at one time of moving images distinguished by an emphasis on depiction of "specified sexual activities" and that is related to monetary compensation paid by the persons viewing such matter.
ADULT USEThis term shall mean Adult Bookstore, Adult Movie Theater, Adult Live Entertainment Facility/Use or Massage Parlor. These terms shall be distinct types of uses, and shall not be allowed as part of any other use.
AFTER HOURS CLUBA use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
AIRPORTAn area and related support facilities used for the landing and take-off of motorized aircraft that carry people. A "Public Airport" shall be an Airport that does not meet the definition of a "Private Airport." A Private Airport shall be limited to a maximum of 10 total landings and take-offs in any seven-day period, and shall not be available for use by the general public.
ALLEYA vehicle right-of-way located to the side or rear of abutting properties and which has a right-of-way of 20 feet or less.
ALLUVIAL SOILAreas subject to periodic flooding as defined in "Berks County Soil Survey Report, Soil Conservation Service, 1970", or successor soil information provided by the U. S. Natural Resource Conservation Service, including but not limited to the following soils: Atkins (Au), Bowmansville (Bo), Lindside (Lt), Melvin (Ml), Philco (Ph, Pl), Pope (Po), and Rowland (Ro).
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMUSEMENT ARCADEA use involving 15 or more token or coin operated entertainment machines, and where the machines are the principal use of the property. This term shall not include an Adult Use.
ANIMAL CEMETERYA place used for the burial of the remains of five or more non-cremated animals, other than customary burial of farm animals as accessory to a livestock use.
ANTENNAAn exterior device or apparatus designed for cellular, digital, telephone, radio, pager, commercial mobile radio, wireless internet, television, microwave or any other wireless communications through sending and/or receiving of electromagnetic waves, including without limitation, omnidirectional or whip antennas and directional or panel antennas. Unless otherwise stated, this term shall not include "standard antenna."
ANTENNA HEIGHTThe vertical distance from the base of the antenna support structure at grade to the highest point of the structure, including any antennas attached thereto or forming a part thereof. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA, STANDARDA device, partially or wholly exterior to a building, that is used for receiving television or radio signals for use on-site, or for transmitting short-wave or citizens band radio signals. See "Commercial Communications Antenna."
APPLICANTThe definition in the Pennsylvania Municipalities Planning Code, as amended, shall apply.
ASSISTED LIVING FACILITYA building intended to provide food, shelter, and care for adults ages 55 and older, as well as persons younger than 55 suffering a permanent mental and/or physical disability who require supervision or assistance with some or all activities of daily living. Persons rehabilitating from a drug is intended to coordinate services by outside health care providers; and to monitor the activities of the residents to help ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff person.
AUTO REPAIR GARAGEAn area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." This use shall not include activity meeting the definition of a "truck stop." See requirements in Section
402.
AUTO SERVICE STATIONAn area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of pre-packaged propane. This use may include a "convenience store," provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in Section
402.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALESThis use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in Section
402.
BASEMENTAn enclosed level of a building that is not a "story" and that is partly underground.
BED AND BREAKFAST, INNA dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in Section
402 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in Section
402.
BETTING USEA place used for lawful gambling activities, including but not limited to off-track parimutual betting and any use of electronic gambling devices. This term shall not regulate State Lottery sales or lawful "Small Games of Chance."
BILLBOARDA type of Off-Premises Sign. See Article
7.
BOARDING HOUSE (includes "ROOMING HOUSE")A residential use in which: a) room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation, or b) a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boarding house shall not include a use that meets the definition of a hotel, dormitory, motel, life care center, personal care center, bed and breakfast inn, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A boarding house shall primarily serve persons residing on-site for five or more consecutive days.
BUFFER YARDA strip of land that a) separates one use from another use or feature, and b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See Section
803.
BUILDINGAny structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.
BUILDING COVERAGEThe percentage obtained by dividing the total horizontal area covered by all buildings on a lot by the lot area of a lot. For the purposes of this definition, building coverage shall include all buildings that are under a roof.
BUILDING HEIGHTThe vertical distance from the average of the finished ground level adjoining a building at all exterior walls to the height of the highest roof surface.
BUILDING SETBACKThe vertical distance between an existing or proposed building and a lot line or street right-of-way line.
BUILDING WIDTHThe horizontal measurement between two vertical structural walls of one building that are generally parallel, measured in one direction that is most closely parallel to the required lot width. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.
BUILDING, PRINCIPALA building used for the conduct of the principal use of a lot, and which is not an accessory building.
BULK RECYCLING CENTERA use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of non-recycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This use shall only involve temporary storage of materials. This definition shall not include a "junkyard."
CAMPAn area that includes facilities and structures for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or transient visitors to the area. This term shall only include facilities that are primarily used during warmer months, and which have a maximum impervious coverage of 5%. This term shall not include a Recreational Vehicle Campground.
CAMPGROUNDA development under single ownership of the land with sites being rented, leased or sold through time-share for use for tents or recreational vehicle sites for transient visitors to the area, and which may include associated recreational facilities.
CANOPY TREESThe individual trees which collectively form the woodland canopy, not including trees that are invasive species and not including trees with a trunk diameter of less than six inches measured 4.5 feet above the ground.
CEMETERYA place used for the burial of two or more humans. This ordinance does not regulate remains of cremated humans.
CHRISTMAS TREE FARM or TREE FARMA type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale during November and December of trees that were produced on the premises.
CLEARCUTTINGThe removal of all trees greater than 12 inches diameter at breast height on a site, or any portion thereof greater than one-half acre in contiguous area, during a single forestry operation or within a three-year period.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNAA structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in Section
402. This term shall not include a "standard antenna."
COMMERCIAL USEThis term includes but is not limited to: retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making non-industrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.
COMMUNITY CENTERA use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a "treatment center."
COMPREHENSIVE PLANThe Joint Comprehensive Plan for Boyertown, Colebrookdale Township and Pike Township, as amended.
CONDITIONAL USEA use listed as a conditional use under Article
3, which is only allowed after review by the Municipal Planning Commission and approval by the Governing Body, under Section
117.
CONDOMINIUMA set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act or Uniform Planned Community Act, as amended.
CONGREGATE CARE FACILITYA building or group of buildings intended to provide food and shelter for adults ages 55 and older, as well as persons younger than 55 suffering a permanent mental and/or physical disability who can no longer safely and comfortably live independently. Persons rehabilitating from a drug and/or alcohol addiction are specifically excluded from living in this facility. The facility will provide social activities, security, and non-health related services such as meals, housekeeping services and transportation to its residents.
CONSERVATION EASEMENTA legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property-owners, lessees and all other users of the land.
CONVENIENCE STOREA use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 7,000 square feet. A convenience store involving the sale of gasoline shall be regulated as an "auto service station."
CONVENTIONAL DEVELOPMENTDevelopment that is not approved under the Open Space Development provisions of this Ordinance. (Note: This type of development typically does not involve the preservation of significant open space.)
CRAFTS OR ARTISAN'S STUDIOA use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a Home Occupation, provided the requirements for such use are met.
CROP FARMINGThe raising of products of the soil and accessory storage of these products. This term shall include orchards, tree farms, wineries, plant nurseries, raising of fish, greenhouses and keeping of animals in numbers that are routinely accessory and incidental to a principal crop farming use. See "Livestock, Raising of."
CURATIVE AMENDMENTA process provided in the State Municipalities Planning Code that authorizes certain types of challenges to a Zoning Ordinance.
DAY CARE CENTER, ADULTA use providing supervised care and assistance to persons who need such daily assistance because of their old age or disabilities. This use shall not include persons who need oversight because of behavior that is criminal, violent or related to substance abuse. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
DAY CARE, CHILDA use involving the supervised care of children under age 16 outside of the children's own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to State-required education, including "nursery school" or "Head Start" programs. See also the definition of "adult day care center."
A. The following three types of day care are permitted without regulation by this Ordinance: 1) care of children by their own "relatives," 2) care of children within a place of worship during regularly scheduled religious services, and 3) care of one to three children within any dwelling unit, in addition to children who are "relatives" of the care giver.
B. Family Day Care Home (or "Child Day Care as an Accessory Use"). A type of "day care" use that: 1) is accessory to and occurs within a dwelling unit, and 2) provides care for four to six children at one time who are not "relatives" of the primary care giver.
C. Group Day Care Home. A type of "day care" use that: 1) provides care for between seven and 12 children at one time who are not "relatives" of the primary care giver, 2) provides care within a dwelling unit, and 3) is registered with the applicable State agency.*
D. Child Day Care Center. A type of "day care" use that: 1) provides care for seven or more children at any one time who are not "relatives" of the primary care giver, 2) does not occur within a dwelling unit, 3) does not meet the definition of a Group Day Care Home, and 4) is registered with the applicable State agency.* See Article
3.
* | Note: As of the adoption date of this Ordinance, such agency was the PA. Department of Public Welfare. See also Child Day Care Facility requirements in the Uniform Construction Code. |
DENSITYThe total number of dwelling units proposed on a lot divided by the "lot area," except when density is required to be calculated based upon net "buildable site area" under Section
308, or as otherwise stated by another provision of this Ordinance.
DEPThe Pennsylvania Department of Environmental Protection and its relevant bureaus.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile homes; streets, and other paving; utilities; filing, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DIAMETER AT BREAST HEIGHT (dbh)The diameter of a tree trunk, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
DORMITORYA building used as living quarters for the exclusive use of bona-fide full-time faculty or students of an accredited college or university or primary or secondary school, and which is owned by and on the same lot as such college, university or school.
DRIP LINEA generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
DRIVE-THROUGH SERVICEAn establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.
DWELLINGA building used as non-transient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home."
DWELLING TYPESThis Ordinance categorizes dwellings into the following types:
A. CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article
4 and where permitted by Article
3 and meeting the floor area requirements of Section
801.
B. DUPLEXA building that includes two apartment dwellings and which is not a Twin Dwelling.
C. APARTMENTS or MULTI-FAMILY DWELLINGSTwo or more dwelling units within a building that do not meet the definition of a single family detached dwelling, twin dwelling or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership. If a building only includes two apartments, it shall be considered to be a Duplex.
D. SECTIONAL OR "MODULAR" HOMEA type of dwelling that meets a definition of any dwelling type and which was manufactured off-site and then assembled and completed on the site, and that was constructed under the Municipal Construction Codes and not the Federal requirements for Manufactured Housing.
E. 1. MOBILE/MANUFACTURED HOMEFor a dwelling constructed after 1977, this term shall mean a dwelling that was constructed under the Federal construction requirements for Manufactured Housing under regulations of the U.S. Department of Housing and Urban Development. For a dwelling constructed before 1977, this term shall mean a type of single family detached dwelling that meets all of the following requirements: a) is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing, b) is designed for permanent occupancy, c) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, d) is constructed so that it may be used with or without a permanent foundation, and e) is not a "Recreation Vehicle." The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "Sectional home," which is defined above.
F. TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
G. TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
DWELLING UNITA single habitable living unit occupied by only one "family." See definition of "family." Each dwelling unit shall have: a) its own toilet, bath or shower, sink, sleeping and cooking facilities and b) separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. A dwelling unit shall not include two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another, unless approved as "Unit for Care of Relative".
EASEMENTA right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
EMERGENCY SERVICES STATIONA building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on-call.
EMPLOYEESThe highest number of workers (including both part-time and full-time, both compensated and volunteer, and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
ESSENTIAL SERVICES or ESSENTIAL PUBLIC UTILITY SERVICESUtility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. Essential services shall include the following and closely similar facilities: sanitary sewage lines, water lines, electric distribution lines, stormwater management facilities, cable television lines, natural gas distribution lines, fire hydrants, street lights and traffic signals. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
FAMILYOne or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. However, within the Borough of Boyertown, such limit of four unrelated persons shall be reduced to a maximum of 3. A family shall also expressly include numbers of unrelated persons provided by the Group Home provisions residing within a licensed group home, as defined herein. Through those provisions and Section 111.D.5, the Municipality's intent is to comply with the Federal Fair Housing Act, as amended.
FARMA lot used for the raising of agricultural or dairy products and/or the raising of livestock or poultry for commercial purposes. This term may include one dwelling unit, buildings used for the agricultural activities and the storage of equipment used for the agricultural activities.
FENCEA man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts.
FINANCIAL INSTITUTIONAn establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.
FLOODPLAINSee definitions of this term and related terms in the municipal Floodplain Regulations. For Colebrookdale Township, see the definitions in Section
510.
FLOOR AREA, TOTALThe total floor space within a building(s) measured from the exterior faces of exterior walls or from the centerlines of walls separating buildings. Floor area shall specifically include, but not be limited to: a) fully enclosed porches, and b) basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least seven feet. Floor area shall not include unenclosed structures.
FORESTShall have the same meaning as "Woodland," which is defined in this Section.
FOREST CANOPYThe aerial cover formed by the crowns of trees with a trunk diameter of more than six inches at a height of 4.5 feet above the ground.
FOREST INTERIOR HABITAT (FIN)The portion of "woodland" which is located more than 300 feet from the outermost drip line of all trees along the edge of the subject woodland area. Generalized mapping of Forest Interior Habitat is indicated on the Woodland Classification Map.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, and which does not involve any land development.
GARAGE SALEThe accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.
GLAREA sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.
GOVERNING BODYThe Borough Council of Boyertown Borough, the Board of Commissioners of Colebrookdale Township and/or Board of Supervisors of Pike Township, as applicable.
GOVERNMENT FACILITY, OTHER THAN MUNICIPALLY-OWNEDA use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Boyertown, Colebrookdale Township or Pike Township or an authority created solely or jointly by one or more of those three municipalities. This term shall not include uses listed separately in the table of uses in Article
3, such as "publicly owned recreation." This term shall not include a prison.
GROUP HOMEA dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act as amended. Group homes must be licensed where required by any appropriate government agencies (such as by the PA Department of Public Welfare), and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use. A Group Home typically involves an individual residing on the premises for more than 30 days at a time.
A. Group homes shall be subject to the same limitations and regulations by this Ordinance as the type of dwelling unit they occupy.
B. It is the express intent of the Municipality to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
C. A Group Home shall not include a "Treatment Center."
* | NOTE: The Federal Fair Housing Act Amendments defined "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans With Disabilities Act to address certain situations related to substance abuse treatment. |
HAZARDOUS SUBSTANCESA product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into ground water resources and the subsurface environment which includes the soil and all subsequent materials located below. Such hazardous material includes, but is not limited to materials which are included on the latest edition of one or more of the following lists:
A. "Hazardous Substances" as defined pursuant to Section
311 of the Federal Clean Water Act, or its successor provisions.
B. "Hazardous Substances" as defined pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act, or its successor provisions.
HAZARDOUS SUBSTANCES, EXTREMELYHazardous substances included on the list of "Extremely Hazardous Substances" in 29 Code of Federal Regulations Part 355, or its successor provisions and that are stored or used in quantities above the threshold reportable limits in such regulations.
HEDGEROWA linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (such as a windbreak). A hedgerow may also meet the definition of "Woodland".
HEIGHTSee "Building Height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article
6 entitled "Signs."
HELIPORTAn area used for the take-off and landing of helicopters, and related support facilities. A Private Heliport shall be limited to 15 total take-offs and landings in any seven day period, and which is not open to the general public. A Public Heliport is one that does not meet the definition of a Private Heliport.
HERITAGE TREEThis term only applies in Pike Township. See the Pike Township Subdivision and Land Development Ordinance.
HIGHER VALUE SPECIESAny tree(s) of the following species where greater than or equal to 12 inches diameter at breast height (dbh):
Trees, Botanical Name | Common Name |
|---|
Acer saccharium | Sugar Maple |
Carya cordiformis | Bitternut Hickory |
Carya glabra | Pignut Hickory |
Carya ovata | Shagbark Hickory |
Carya tomentosa | Mockernut Hickory |
Fraxinus americana | White Ash |
Juglans nigra | Eastern Black Walnut |
Quercus alba | White Oak |
Quercus bicolor | Swamp White Oak |
Quercus coccinea | Scarlet Oak |
Quercus montana | Chestnut Oak |
Quercus palustris | Pin Oak |
Quercus rubra | Northern Red Oak |
Quercus velutina | Black Oak |
HOME OCCUPATIONA routine, accessory and customary non-residential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the Home Occupation requirements. A Minor Home Occupation shall be a Home Occupation that meets the additional requirements for a Minor Home Occupation. The term Minor Home Occupation includes but is not limited to the term "No-Impact Home Occupation," as defined in the State Municipalities Planning Code. A Major Home Occupation shall be a Home Occupation that does not meet the requirements for a Minor Home Occupation.
Note: In most cases, under Section 306, a Minor Home Occupation is permitted by right, while a Major Home Occupation typically needs special exception approval from the Zoning Hearing Board. |
HOMEOWNERS ASSOCIATIONAny incorporated nonprofit organization operating under recorded land agreements through which: 1) each lot and/or homeowner in a planned residential or other described land area is automatically a member; 2) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and 3) the charge if unpaid becomes a lien against the property.
HOSPITALA use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered an "Office." A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals.
HOTEL or MOTELA building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 90 days shall be considered a "boarding house" and shall meet the requirements of that use. See "bed and breakfast" use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, amusement arcade, gift shop, swim club, exercise facilities, tavern and similar customary accessory amenities, and provided any such use shall only be allowed as a principal use of the property if such use is allowed by the applicable district regulations.
HUNTING AND FISHING CLUBLand owned by an organized group of persons formed as a club that is used for hunting, fishing, and similar types of passive recreation, and which involves no buildings except those for the recreational, lodging, eating and sanitary facilities for members and invited guests and routinely accessory storage buildings.
HYDRIC SOILA soil that is classified by the U.S. Natural Resource Conservation Service as a "hydric soil" or that is further delineated by professional analysis acceptable to the Township. A hydric soil is a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation.
IMPERVIOUS COVERAGEThe percentage that results from dividing the land area on a lot covered by all "impervious surfaces" by the total land area of the lot, or divided by Net Buildable Site Area where required under Section
308.
A. For a townhouse development, the maximum impervious coverage may be measured as a maximum for the entire development after completion, after the deletion of street rights-of-way (or cartway where a street right-of-way where not exist), as opposed to regulating each individual townhouse lot.
IMPERVIOUS SURFACESFor the purposes of this Ordinance, impervious surfaces shall be defined as areas covered by buildings, paving or concrete, or other man-made surfaces that have a runoff coefficient of 0.7 or greater. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under the zoning ordinance. In case of doubt, the Municipal Engineer shall determine whether a surface is impervious.
IMPROVEMENTConstruction or erection of any kind of structure, utility, and roadway, including but not limited to, grading and other land modifications which will permit the construction or erection of any kind of structure, utility, and roadway.
INVASIVE ALIEN SPECIESPlant species not native to local natural communities that grow and spread aggressively and displace native plants. Also called "exotics," these species tend to reproduce prolifically and out-compete native plants for light, space, and nutrients, reducing plant diversity and wildlife habitat. Such species include but are not limited to the following: Rosa multiflora (Multiflora Rose, a shrub), Eleagnus umbellata (Autumn Olive, a shrub), Lonicera japonica (Japanese Honeysuckle, a vine), Lonicera spp (Amur, Morrow, Bells, or Tartarian honeysuckle, non-native shrubs), Celastrus orbiculatus (Oriental Bittersweet, a vine), Acer platanoides (Norway Maple, a tree), Pyrus calleryana (Callery pear, a tree), Ulmus pumila (Siberian elm, a tree), Ampelopsis brevipedunculata (Porcelain-berry, a vine), Ligustrum obtusifolium (Privet, a shrub) Ailanthus altissima (Tree-of-Heaven, a tree), Viburnum plicatum (Doublefile viburnum, a shrub) and Polygonum perfoliatum (Mile-a-Minute Weed, a vine).
JUNKAny discarded, unusable, scrap or abandoned man-made or man-processed material or articles stored outside of a completely enclosed building and which covers over 200 square feet of land area. Examples of junk include: scrap metal, used furniture, used appliances, used motor vehicle parts, worn-out machinery and equipment, used containers, and scrap building materials. Junk shall not include: a) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal, b) toxic substances, c) yard waste or tree trunks, d) items clearly awaiting imminent recycling at an appropriate location, e) building materials awaiting imminent use at an on-going building, or f) "clean fill" as defined by State environmental regulations.
JUNK VEHICLEIncludes any vehicle or trailer that does not display a current State license and registration and that meets any of the following conditions:
A. Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs,
B. Cannot be towed, in regards to a trailer designed to be towed,
C. Has been demolished beyond repair,
D. Has been separated from its axles, engine, body or chassis, and/or
E. Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.
See the definition of "unlicensed vehicle" and the regulations for such in the Property Maintenance Code. |
JUNKYARDA. Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:
1. "Junk." (see definition) covering more than 1% of the lot area.
2. Two or more "junk vehicles" that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage or auto service station within the requirements of Section
402.
3. One or more mobile/manufactured homes that are not in a habitable condition.
B. Junk stored within a completely enclosed building for business purposes shall be considered a warehouse.
C. A junkyard specifically shall include but not be limited to a metal scrap yard or auto salvage yard. See any Municipal Property Maintenance Code that regulates unlicensed and inoperable vehicles on lots and the State Vehicle Code for unlicensed vehicles parked on a street.
KENNELThe keeping of a greater number of dogs and/or cats than are permitted under the "Pets, Keeping of" provisions of this Ordinance, and which may also include temporary keeping of other household pets. In addition, in any case, if more than 10 dogs age six months or older are kept, it shall be considered a Kennel.
LAKES AND PONDSNatural or artificial bodies of water which retain water year-round, other than facilities engineered for stormwater management or pollution control. Artificial ponds may be created by dams, or result from excavation. The shoreline of such waterbodies shall be measured from the maximum condition rather than permanent pool if there is any difference. Lakes are bodies of water two or more acres in extent. Ponds are any water body less than two acres in extent.
LAND DEVELOPMENTThe definition in the municipal Subdivision and Land Development Ordinance shall apply.
LAND DISTURBANCEAny activity which exposes soils, alters topography, and/or removes the majority of natural vegetation, other the following: 1) removal of hazardous or invasive vegetation; 2) customary agricultural practices such as tilling, plowing, mowing, and non-forestry harvesting; and 3) customary landscaping practices (such as mowing, planting, and trimming ornamental vegetation). Any activity involving removing of healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground) shall also be considered to be Land Disturbance.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner) or authorized officers of a partnership or corporation that is a "landowner."
LIGHTING, DIFFUSEDNon-LED illumination that passes from the source through a translucent cover or shade.
LIVESTOCK AND POULTRY, INTENSIVE RAISING OFA. This term shall mean an Animal Husbandry use involving an average of two or more "animal equivalent units" (see definition below) of live weight per acre of livestock or poultry, on an annualized basis.
B. An Animal Equivalent Unit (AEU) is 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. This weight is calculated on an annualized basis. These units shall be calculated as provided under the State Nutrient Management Act and accompanying regulations. Note: the provisions of this Zoning Ordinance are based upon acreage of a lot, and not acreage that is available for disposal of wastes. (Note: Two animal equivalent units per acre would be roughly equal to 1.7 dairy cattle, 6.7 swine, 10 sheep, 500 poultry or 400 rabbits per acre.)
LIVESTOCK AND POULTRY, RAISING OFThe raising and keeping of livestock, poultry or insects beyond the number and type allowed under the "Keeping of Pets" section and beyond what is customarily incidental to a principal "crop farming" use. Raising of livestock or poultry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. The term "lot" shall mean a lot of record in one ownership according to official County records. The area and depth of a lot shall be measured to the legal right-of-way line of the street, and all lots shall front on public or private streets.
A. LOT, CORNERA lot abutting on two intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
B. LOT, FLAGA lot that does not meet the minimum lot width at the minimum building setback line and has a 50 feet minimum width access strip to connect to a street. Where lease lines are used to provide coordinated internal vehicle access within a business development, such lease lines shall be allowed without being regulated as flag lots.
C. LOT, THROUGHA lot that has frontage on two parallel or approximately parallel streets, and which does not meet the definition of a "Corner Lot."
LOT AREAThe horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, the following shall be excluded:
A. Areas within the "existing" legal rights-of-way of: 1) any proposed or existing public streets or alleys as it exists after development, or 2) any proposed or existing commonly maintained private streets that serve more than one lot. (Note: Other sections of this Ordinance, such as Townhouse Development, may specifically permit proposed streets to be included in determining density for a specific use.) Within Pike and Colebrookdale Townships, land area with any designated ultimate or future right-of-way that has been established shall also be deleted from lot area.
B. Areas that are currently or will be required to be dedicated as common or preserved open space. (Note: Other sections of this Ordinance, such as Open Space Development, may specifically permit proposed common open spaces to be included in determining density for a specific use.)
C. Features required to be excluded from "Lot Area" under Article
3 of this Ordinance. Wetlands shall not count towards the minimum lot area.
D. Portions of a Flag Lot that have a width of less than 30 feet shall not be counted towards meeting minimum lot area.
LOT AREA, AVERAGE PER DWELLING UNITAs provided in Sections
307 or
308, shall mean the average lot area for dwelling units on a site. Individual lots may be smaller or larger than the average, provided the overall average requirement is met.
LOT DEPTHThe average distance from the street line of a lot to its opposite rear lot line, measured in the general direction of the side lot lines.
LOT LINESThe property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.
A. FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, see Section
803.B. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, the lot line closest to the street shall be considered a front lot line. Every lot shall have a front yard.
B. REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line. Every lot shall have a rear yard.
LOT WIDTHThe horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the minimum lot width may be reduced to 75% of the width that would otherwise be required. See also Section
801 concerning lot frontage.
Terms For Lot Requirements For Illustrative Purposes Only  |
MASSAGE PARLORAn establishment that meets all of the following criteria:
A. Massages are conducted involving one person using their hands and/or a mechanical device on another person below the waist, in return for monetary compensation, and which does not involve persons who are related to each other.
B. The use does not involve a person licensed or certified by the State as a health care professional or a massage therapist certified by a recognized professional organization that requires substantial professional training. "Massage therapy" by a certified professional shall be considered "personal service."
C. The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor or as an incidental accessory use to a permitted exercise club or high school or college athletic program.
D. The massages are conducted within private or semi-private rooms.
MASSAGE THERAPYA type of personal service use involving a person licensed or certified by the State as a health care professional or a massage therapist certified by a recognized professional organization that requires a minimum of 80 hours of professional training or who has been certified by the State of Pennsylvania as a Massage Therapist.
MEMBERSHIP CLUBAn area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.
A. This use shall not include a target range for outdoor shooting of firearms, boarding house, tavern, restaurant or retail sales unless that particular use is permitted in that District and the requirements of that use are met.
B. See also "After Hours Club" and "Hunting and Fishing Clubs," which are distinct uses.
MINERAL EXTRACTIONThe removal or quarrying from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale, and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction. See also regulations for "Groundwater or Spring Water Withdrawal," which is a separate use.
MOBILE/MANUFACTURED HOME PARKA lot under single ownership which includes two or more mobile/manufactured homes for residential use and which typically involves households paying rent to the owner of the park. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park."
MOTOR VEHICLEAn automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to operate carry persons or cargo on roads and that is powered by mechanized means.
MUNICIPALITYBoyertown Borough, Colebrookdale Township or Pike Township, Berks County, Pennsylvania, as applicable.
NIGHTCLUBAn establishment that offers amplified live music performances or amplified music for dancing after 12 midnight, sells alcoholic beverages primarily for on-site consumption, includes hours open to patrons after 12 midnight, and has a building capacity of over 200 persons.
NONCONFORMING LOTA lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this Ordinance, or amendments hereinafter enacted.
NONCONFORMING STRUCTUREA structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this Ordinance, as amended, where such structure lawfully existed prior to the enactment of such Ordinance or applicable amendment(s). Such nonconforming structures include but are not limited to signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this Ordinance or amendment(s), where such use was lawfully in existence prior to the enactment of this Ordinance or applicable amendment(s). A use granted by variance is not a nonconforming use.
NURSING HOMEA facility licensed by the State for the housing and intermediate or fully skilled nursing care of three or more persons.
OFFICEA use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios, and/or television or radio broadcasting studios.
OPEN SPACE DEVELOPMENTAn optional type of residential development that involves the permanent preservation of preserved open space, and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development. See Section
309.
OPEN SPACE RATIOThe percentage that results when the amount of land area in acres or portions thereof that meets the requirements for "Preserved Open Space" is divided by the Total Base Site Area.
OPEN SPACE, PRESERVED OR COMMONA parcel or parcels of land within a tract which meets all of the following standards:
A. Is designed, intended and suitable for active or passive recreation by residents of a development or the general public, or to be used for agricultural preservation,
B. Is covered by an agreement or declaration that ensures perpetual maintenance, if not intended to be publicly owned,
C. Will be deeded to the Municipality and/or preserved by a deed restriction or conservation easement to permanently prevent uses of land other than "preserved open space" and non-commercial recreation, and
D. Does not use any of the following areas to meet minimum preserved open space requirements:
1. Existing street rights-of-way,
2. Vehicle streets or driveways providing access to other lots,
3. Land beneath building(s) or land within 20 feet of a building, except that: (i) accessory buildings and pools clearly intended for noncommercial recreation may be approved in the Preserved Open Space in Colebrookdale Township, and (ii) agricultural buildings and a farmstead are permitted within Preserved Open Space approved by the Municipality for agricultural preservation,
4. Off-street parking (other than that clearly intended for noncommercial recreation),
5. Area(s) needed to meet a requirement for an individual lot,
6. For land intended to be open to the public, that does not have provisions for entry with a fifteen-foot minimum width by pedestrians from a street open to the public or from adjacent preserved open space that has access to such a street,
7. Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Governing Body would: a) be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions or b) serve as a scenic asset resembling a natural pond,
8. Portions of land that have a width of less than 50 feet,
9. Areas that are under water during normal weather conditions,
10. Areas that are under electric transmission lines that are designed for a capacity of 35 kilovolts or greater.
E. Each square foot of preserved open space that is of 25% or greater slopes and each square foot within the 100-year floodplain shall only count as one-half square foot for the purposes of determining the amount of preserved open space.
ORDINANCE, THISThe Boyertown Borough and Colebrookdale and Pike Townships Joint Zoning Ordinance, including the Official Zoning Map, as amended.
PAThe Commonwealth of Pennsylvania.
PARKINGOff-street parking and aisles for vehicle movement unless otherwise stated.
PATHOGEN FREE LABORATORY ANIMALSRodents which are bred and reared in a manner to maintain them in a disease-free condition for sale to the scientific community for use in the responsible advancement of medical science.
PENNDOTThe Pennsylvania Department of Transportation, or its successor, and its subparts.
PERMITTED BY RIGHT USESAllowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of the Zoning Ordinance. A "nonconforming use" shall not be considered to be a permitted by right use, a special exception use or a conditional use.
PERSONAL CARE HOMEA building or group of buildings in which food, shelter and personal assistance or supervision are provided for a adults ages 55 and older, as well as persons younger than 55 suffering a permanent mental and/or physical disability who can no longer safely and comfortably live independently. Persons rehabilitating from a drug and/or alcohol addiction are specifically excluded from living in this facility. The facility will provide assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self administration.
PERSONAL SERVICEAn establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, photography studios, travel agency, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any "adult uses," as herein defined.
PETS, KEEPING OFThe keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. Keeping of wild or exotic animals shall comply with State regulations.
PICNIC GROVE, COMMERCIALAn area of open space and pavilions that is not publicly owned and is used for group picnics and related outdoor recreation, and which is used on a commercial basis.
PLACES OF WORSHIPBuildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship for more than 10 persons at a time and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate "dwelling type."
PRINCIPAL STRUCTUREThe structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.
PRINCIPAL USEA dominant use(s) or main use on a lot, as opposed to an accessory use.
PRISONA correctional institution within which persons are required to inhabit by criminal court actions or as the result of a criminal arrest.
PUBLIC NOTICENotice required by the Pennsylvania Municipalities Planning Code. (See definition in Section
107 of such law.)
PUBLIC UTILITY FACILITYA facility operated for the purposes of providing wired or cellular telephone service, electricity distribution service, central sanitary sewage service, central water supply service and natural gas distribution service. This term shall not include "Essential Services" (which are permitted by right in all districts), commercial communications towers/antenna, or an power generating plant, but may include sewage pumping stations, telephone switching facilities, electrical sub-stations and similar facilities.
PUBLICLY OWNED RECREATIONLeisure facilities owned, operated or maintained by governmental entities for use by the general public. "Publicly Owned Recreation" is a distinct use from "Indoor Recreation" or "Outdoor Recreation."
RECREATIONThe offering of leisure-time activities to unrelated persons. This term shall not include any "Adult Use." For the purposes of this Ordinance, recreation facilities shall be permitted by right as an accessory use when clearly limited to residents of a development and their occasional invited guests.
A. INDOOR RECREATIONA type of "recreation" use that: a) does not meet the definition of Outdoor Recreation, and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use, and similar uses.
B. OUTDOOR RECREATIONA type of "recreation" use that: a) has a total building coverage of less than 15%, and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by Article
3, such as a firearms target range.
RECREATIONAL VEHICLEA vehicle which is:
A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck;
D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Note - For the purposes of floodplain regulations to meet Federal requirements, a separate definition is provided in Section 510.B. |
RECYCLING COLLECTION CENTERA use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling, and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a Municipally-owned use, or an emergency services station.
RELATED or RELATIVEPersons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, or parent-in-law. This term specifically shall not include relationships such as second, third, or more distant cousins. See definition of "Dwelling Unit."
REPAIR SERVICEShops for the repair of appliances, watches, guns, bicycles and other household items, but does not involve repair of motor vehicles.
RESIDENTIAL ACCESSORY STRUCTURE (includes "BUILDING") OR USEA use or structure that is clearly accessory, customary, and incidental and subordinate to a principal residential use on a lot, including the following uses and uses that are very similar in nature: Garage (household), Carport, Tennis Court, Garage Sale, Household Swimming Pool, Gazebo, Storage Shed or Greenhouse. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.
RESIDENTIAL LOT LINESThe lot lines of a lot that contain an existing primarily residential use or is undeveloped and zoned as a Residential District.
RESTAURANTA. An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.
B. A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is the majority of the total trade, the requirements of a "tavern" or nightclub as applicable must be met.
C. See "Drive-Through Service" in this section.
RETAIL STOREA use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store, or any restaurant.
RIGHT-OF-WAYAn area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "Right-of-Way" by itself shall mean the Street Right-of-Way, unless another meaning is otherwise stated or clearly implied from the context in which it is used.
A. STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Municipality or the State presently own or hold another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this Ordinance, whether by dedication or otherwise.
B. A "Right-of-way, Future or Ultimate" may also be required in the Subdivision and Land Development Ordinance.
RIPARIAN BUFFERAn area adjacent to a wetland or perennial watercourse that forms a transition area between the aquatic and terrestrial environment and is intended to be comprised of trees and other vegetation. The riparian buffer is intended to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. The width of such margin shall be measured horizontally from each edge of the water along perennial watercourses. In the case of wetlands, buffers shall be measured from each edge of the jurisdictional delineation. The riparian buffer shall include three Zones:
A. ZONE ONE: INNER RIPARIAN BUFFERThis zone occupies areas of land 35 feet from each edge of a wetland of over 0.25 acre and 50 feet from each edge of water of a perennial watercourse at bankflow, whichever is greater. Where very steep slopes are located within and beyond such width, Zone One shall extend to include the entirety of the very steep slopes up to a maximum of 100 feet from the perennial watercourse or 50 feet from the wetland, whichever is greater.
B. ZONE TWO: OUTER RIPARIAN BUFFERThis zone occupies areas of land 100 feet from each edge of water of a watercourse at bankflow, but does not include areas within the Zone One.
C. ZONE THREE: EXCEPTIONAL VALUE WATERSThis zone applies within watersheds of waterways that have been designated by the Pennsylvania Department of Environmental Protection as Exceptional Value special protection waters. This zone occupies areas of land 35 feet from each edge of a wetland of over 0.25 acre and 150 feet from each edge of water of a watercourse at bankflow, whichever is greater, but does not include areas within Zones One or Two.
SCREENINGYear-round plant material of substantial height and density designed to provide a buffer.
SELF-STORAGE DEVELOPMENTA building or group of buildings divided into individual separate access units which are rented or leased for storage. Any outdoor storage shall be limited to vehicles and shall be clearly accessory to the indoor storage.
SETBACK LINEA line separating a "yard" from the area within which a building or use is allowed.
SEWAGE SERVICE, CENTRALSanitary sewage service to a building by a Municipally-approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
SEWAGE SERVICE, ON-LOTSanitary sewage service to a building that does not meet the definition of Central Sewage Service, such as but not limited to, an individual on-lot septic system.
SEWAGE SERVICE, PUBLICCentral sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.
SHOPPING CENTERA lot occupied by five or more retail sales establishments on a lot of over three acres. Such lot may also include other allowed uses.
SHORT-TERM RENTAL IN BOYERTOWN BOROUGHA single-family detached dwelling unit, a twin dwelling unit, a townhouse or row house, offered or provided to a person or entity by a property owner or their agent for a fee or in exchange for any nonmonetary consideration for fewer than 30 consecutive nights. The term also includes "tourist home." For the purpose of administration and enforcement of this title, the terms "overnight rental, "nightly rental," and "vacation rental" are interchangeable with short-term rental. The term does not include a hotel, motel, boardinghouse, or bed-and-breakfast as defined in the Zoning Ordinance. Subleasing or subletting of units for short-term rental is prohibited if the zoning in the district in which the dwelling unit is located does not permit such use. This definition excludes any duplex, apartment or multifamily dwellings.
SHORT-TERM RENTAL IN COLEBROOKDALE AND PIKE TOWNSHIPSA single-family dwelling unit that is offered or provided to a person or entity by a property owner or their agent for a fee or in exchange for any nonmonetary consideration for fewer than 30 consecutive nights. The term also includes "tourist home." For the purpose of administration and enforcement of this title, the terms "overnight rental," "nightly rental," and "vacation rental" are interchangeable with short-term rentals. The term does not include a hotel, motel, boardinghouse, or bed-and-breakfast as defined in the Zoning Ordinance. Subleasing or subletting of units for short-term rental is prohibited if the zoning in the district in which the dwelling unit is located does not permit such use.
SIGHT TRIANGLEAn area required to be kept free of certain visual obstructions to traffic. See Section
803.
SIGNThe definition in Article
7 shall apply.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SITEThe site shall be defined as a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into two or more lots.
A. SITE AREAAll land area within the site as defined in the deed. Actual area shall be from an actual site survey rather than deed description.
D. MINIMUM SITE AREAThe smallest uniformly developed area of land from which a lot may be subdivided.
SKYSPACEThe open space between a solar collector and the sun that must be free of obstructions that may shade or impede the collector to an extent that would reduce its cost-effective operation.
SOLAR ARRAYAny number of solar energy collectors connected together to provide a single electrical output.
SOLAR ENERGYRadiant energy (direct, diffused and reflected) received from the sun.
SOLAR ENERGY COLLECTORA freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.
SOLAR FARMAn installation of a solar array, and all related structures and equipment, typically designed as the primary land use of a parcel and including multiple solar energy collectors on mounting systems, from which the energy generated is sold for use on an energy grid system rather than being consumed on site.
SOLID WASTE LANDFILLAn area where municipal solid waste and similar materials is deposited on land, compacted, covered with soil and then compacted again, and which has a permit from DEP to operate as a sanitary landfill.
SOLID WASTE TRANSFER FACILITYLand or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill, or septage or sludge application.
SOLID WASTE-TO-ENERGY FACILITYAn area where municipal solid waste and similar materials are incinerated or otherwise processed to result in usable energy for off-site use.
SPECIAL EXCEPTIONA use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this Ordinance, provided the use complies with the conditions and standards required by this Ordinance. See Section
116.
SPECIAL PERMITA type of permit that may be required under Floodplain regulations for certain uses within the 100-year floodplain.
SPECIFIED SEXUAL ACTIVITIESOne or more of the following:
A. Human male genitals in a visible state of sexual stimulation.
B. Acts of human masturbation, sexual intercourse, oral sex or sodomy.
C. Fondling or other erotic touching of human genitals. See definition of 'Adult Use.'
STATEThe Commonwealth of Pennsylvania and its agencies.
STEEP SLOPE MARGINAn area of less than 15% slope that is located within 25 feet upslope, measured perpendicular to the contour of the land, from a contiguous area of more than three acres of 25% or greater slope. Areas that are only measured laterally or downslope from slopes of 25% or greater shall not be considered to be steep slope margins. Note - These areas are only regulated as such within Pike Township.
STEEP SLOPESAreas with a slope of 15% or greater, other than areas that were clearly man-made.
STEEP SLOPES, MODERATELYAreas with a slope of 15% or greater, but less than 25%, other than areas that were clearly man-made.
STEEP SLOPES, VERYAreas with a slope of 25% or greater, other than areas that were clearly man-made.
STORYA level of a building routinely accessible to humans and which has an average vertical clearance from floor to ceiling of seven feet or greater shall be considered a full story, except as follows: If the floor of a basement level is more than six feet below the finished grade level for more than 50% of the total building perimeter, it shall not be regulated as a story. Any level of a building having an average vertical clearance from floor to ceiling of less than seven feet shall be considered a "half-story."
STORY, GROUNDThat story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of the dwelling.
STREETA public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway," and "road" have the same meaning and are used interchangeably.
STREET CLASSIFICATIONThe functional classification of streets, roads, and highways that is provided in the Comprehensive Plan shall apply. For the purposes of this Ordinance, such classifications may be revised by written resolution of the Governing Body.
STREET, PRIVATEA street that is not owned by a municipality or the State of Pennsylvania.
STRUCTUREAny man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this Ordinance, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this Ordinance. For the purposes of this Ordinance, utility poles, stormwater basins, wells, paving, and septic systems shall not be considered structures, and shall not be subject to minimum zoning setback requirements unless stated otherwise.
SUBDIVISIONThe definition in the applicable Subdivision and Land Development Ordinance shall apply.
SWIMMING POOL, HOUSEHOLD OR PRIVATEA man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.
SWIMMING POOL, NON-HOUSEHOLDA man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool.
TAVERNA place where alcoholic beverages are served primarily for on-site consumption and alcohol sales are the majority of the total trade and which does not meet the definition of an "after-hours club" or a "nightclub." The sale of food may also occur. See the definition of restaurant.
THEATERA building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.
TIRE STORAGE, BULKThe storage of more than 20 used tires on a lot, except that a tire retail store may include the temporary storage of up to 100 used tires awaiting disposal on a lot without being regulated by this term.
TOWNSHIPColebrookdale Township or Pike Township, Berks County, Pennsylvania, as applicable.
TRADE/HOBBY SCHOOL or TRADE SCHOOLA facility that: a) is primarily intended for education of a work-related skill or craft or a hobby, and b) does not primarily provide State-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school, or ceramics school.
TRADESPERSONA person involved with building trades, such as but not limited to: plumbing, electrical work, building construction, building remodeling, and roofing.
TRANSFER OF DEVELOPMENT RIGHTSAn optional process that allows the residential density that would otherwise be allowed on one tract to be transferred to increase the density on another tract. The developer of the second tract compensates the owner of the first tract for preserving their land, based upon an agreement negotiated and accepted by both parties.
TREATMENT CENTERA use involving any of the following:
A. A use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
1. Criminal rehabilitation, such as a criminal halfway house;
2. Current addiction to a controlled substance that was used in an illegal manner or alcohol; and/or
3. A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
B. A use that otherwise would meet the definition of a Group Home but that exceeds the number of residents allowed by this Ordinance within a Group Home shall be regulated as a Treatment Center, unless approved otherwise under Section
111.D. C. A non-residential use that involves distribution of methadone, other than a hospital.
TRUCK AND/OR BUS STORAGE FACILITYAny lot or tract of land which is utilized for the parking and/or storage of two or more commercial-type trucks, and/or commercial-type vans and/or buses, whether or not said vehicles are registered and/or inspected. A commercial-type truck or van is defined as a vehicle primarily utilized for a commercial purpose, and is exclusive of privately-owned pick-up trucks, vans and jeeps primarily utilized for recreational, non-commercial private uses. Trucks and vans in conjunction with agricultural uses are not included as commercial-type trucks or vans herein.
TRUCK OR MOTOR FREIGHT TERMINALAny area of land together with buildings that are specifically designated for the dispatch of, and/or transfer of cargo and freight between, trucks, railcars and/or other commercial vehicles as a designated principal use, which shall include all offices, maintenance facilities and the designated areas for the storage of trucks, vehicles, trailers, railcars, cargo containers and/or other permitted items that are intended to be shipped or transported to other destinations.
TRUCK STOPA structure or land used or intended to be used primarily for the sale of fuel for trucks and, usually, incidental service or repair of trucks; or a group of facilities consisting of such a use and attendant eating, sleeping or truck-parking facilities.
TRUCKING BUSINESSAny trucking operation which has as its principal use the maintenance, leasing, operation of trucks, including any business which is primarily engaged in the trucking business, exclusive of those uses included in the term "Trucking Company Terminal".
TRUCKING COMPANY TERMINALA use involving primarily tractor-trailer traffic coming into and out of a facility, with such trucks controlled by one company that are carrying cargo from multiple different businesses and which is not a package delivery service.
UNIT FOR CARE OF RELATIVEA dwelling unit that: a) is especially created for and limited to occupancy by a close "relative" of the permanent residents of the principal dwelling unit, b) is necessary to provide needed care and supervision to such relative, and c) meets the requirements for such use.
UNLICENSED VEHICLEAny motor vehicle or trailer that does not display a license plate with a current registration sticker or does not have a valid State safety inspection sticker. The requirement for a safety inspection sticker shall not apply to vehicles (such as licensed antique cars and trailers of less than 3,000 pounds aggregate gross vehicle weight) for which State regulations do not require such a sticker. The term shall not include a motor vehicle displaying an inspection sticker that expired less than 30 days previously. See the regulations of the Property Maintenance Code.
USEThe purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage, or parking of commercial vehicles on a lot.
VARIANCEThe granting of specific permission by the Zoning Hearing Board to use, construct, expand, or alter land or structures in such a way that compliance is not required with a specific requirement of the Zoning Ordinance. Any variance shall only be granted within the limitations of the PA Municipalities Planning Code. See Section
111.
WALLA man-made barrier constructed primarily of masonry, concrete or similar materials.
WAREHOUSE, WHOLESALE AND/OR DISTRIBUTION FACILITYA building or group of buildings primarily utilized for storage, transfer, loading and unloading of certain products or commodities, but shall not include retail uses or trucking establishments, unless such use is specifically permitted in that district. A warehouse, wholesale or distribution use shall also include all subordinate or subclassification of warehousing or distribution facilities, which may include: logistics facilities or parks; fulfillment center; e-commerce trade facility; high cube storage facility; and/or other warehouse, wholesale or distribution uses classification that are referenced by North American Industry Classification System (NAICS) or the Institute of Traffic Engineers (ITE).
WATER SERVICE, CENTRALWater supply service to a building by a Municipally-approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
WATER SERVICE, ON-LOTWater supply service to a building that does not meet the definition of Central Water Service, such as but not limited to an individual on-lot well.
WATER SERVICE, PUBLICCentral water service by a system owned and/or operated by a municipality or a municipal authority.
WATERCOURSEA watercourse is a channel or conveyance of surface water having defined bed and banks, with perennial or intermittent flow, including the course of outflow from any spring. The definition of watercourse shall exclude facilities constructed solely for stormwater management.
WETLANDSAn area of land and/or water meeting one or more definitions of a "wetland" under Federal and/or Pennsylvania law and/or regulations.
WIND TURBINEA device exterior to a building that is designed to convert naturally-occurring wind into usable electricity for on-site or off-site use. Such term shall also include any supporting pole or equipment that is attached to the wind turbine for electrical purposes.
WOODLANDA tree mass or plant community covering an area of 0.25 acre or more, in which tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete aerial canopy. The extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in such plant community.
A. Woodland shall also include any area where timber has been harvested which would have met the definition of "woodland" within three years prior to the proposed removal of trees. Such three-year period shall not include any time period that occurred prior to the effective date of this Ordinance.
B. Orchards, Christmas tree farms, and sale of trees for replanting on another site shall not be regulated as woodlands or forestry.
WOODLAND CLASSIFICATION MAPThe Woodland Classification Map is a map indicating the locations of all woodlands classified as Class I, Class II, or Class III Woodlands, and also indicating the locations of areas identified as Forest Interior Habitat within Class I and Class II Woodlands. Class I Woodlands are the highest value woodlands, on the basis of their importance within the biological and hydrological ecosystem and the amount of contiguous forested interior lands. Class II Woodlands are more linear or more fragmented than Class I Woodlands, but still include relatively large areas. Class III are all other Woodlands, including smaller areas and hedgerows. Where specific application of the definition of Forest Interior Habitat results in variation from mapping as indicated on the Woodland Classification Map, application of said definition shall supersede. The Woodland Classification Map is incorporated by reference into this Ordinance and made a part hereof. Note - This Map only applies within Pike Township.
WOODLAND DISTURBANCEA. Shall mean:
1. The cutting or removal of trees with a trunk diameter of greater than six inches (measured 4.5 feet above the ground) or activity that damages or causes the death of such trees;
2. Any activity that results in the removal or death of the majority of the understory shrubs, wood and herbaceous woodland floor species or removal of humus within a woodland; or
3. Any activity which may compact soil around the root system or otherwise damage the root system of trees or change the topography around the tree root systems or understory shrubs within a woodland or hedgerow.
B. Woodland disturbance does not include any of the following:
1. Removal of dead, diseased or other vegetation which constitutes hazardous condition(s);
2. Selective cutting or removal of invasive alien species, whether such species are trees, shrubs, vines or herbaceous species;
3. Tree cutting that is regulated as Forestry under Section
402;
4. Cutting of trees that is a routine part of a Christmas Tree Farm or orchard; or
5. Removal of trees with their root systems for replanting.
WOODLAND EDGEThe outer border area of a woodland that is directly in contact with and more subject to potentially detrimental influences originating from adjacent non-woodland areas. Such influences may include light, wind, noise and invasive species, for example, and may harm the ecological health and integrity of the woodland. New woodland edges are typically created when existing woodlands are cut, logged, or disturbed.
YARDAn open area unobstructed from the ground (except for permitted projections) to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting "lot line" or existing street right-of-way (as exists after completion of any subdivision or land development). Regulations of each district prohibit principal and accessory structures within the specified minimum yards.
A. PRIVATE STREETSFor a building setback measured from a private street, the setback shall be measured from the existing street right-of-way/easement or 10 feet from the edge of the cartway, whichever is more restrictive.
B. In Colebrookdale and Pike Townships, required yards shall be measured from the future or ultimate street right-of-way where such right-of-way width is established by the Subdivision and Land Development Ordinance.
YARD, FRONT or FRONT SETBACKA "yard" measured a distance measured from and running parallel to the front lot line or street right-of-way line (if a subdivision or land development is involved, such right-of-way line shall be as shown on such plan). Such yard shall extend the full width of the lot from side lot line to side lot line.
A. The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot. If a lot abuts two non-intersecting streets, the front yard shall be whichever side is the predominant front yard for neighboring properties. Where a corner lot exists, see Section 803.B.1. If no side is predominant, then the applicant may choose which is the front yard.
B. See Section
803 concerning yards along corner lots.
C. No accessory or principal structure shall extend into the required front yard, except as provided in this Ordinance.
D. Every lot shall include at least one front lot line.
YARD, REAR or REAR SETBACKA. A "yard" extending the full width of the lot and which is measured from along the rear line and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line.
B. A principal building shall not extend into the required rear yard setback for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in this Ordinance.
C. Every lot shall include a rear lot line and a rear yard.
D. For a corner lot, the rear yard shall extend from a side yard to a front yard.
YARD, SIDE or SIDE SETBACKA. A "yard" which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front setback line to the rear lot line.
B. A structure shall not extend into the applicable minimum side yard setback, except as provided for in this Ordinance.
C. See "Corner Lot" provisions.
D. A triangular lot shall include one side yard. All other lots shall include at least two side yards, except for a corner lot. A triangular corner lot shall have two front yards and one rear yard.
YIELD PLANA Plan required to be submitted to the Municipality by the applicant under certain provisions of the Zoning Ordinance. The Yield Plan shall accurately show the maximum number of dwelling units that would be possible under current Municipal ordinances if certain optional development provisions would not be used, and instead the provisions for conventional development under the current zoning district would be used. A Yield Plan shall be completed to an accurate scale, including accurately showing the Existing Feature Map information. The Yield Plan shall show potential lots, streets, and retention/detention pond locations.
ZONING MAPThe Official Zoning Map that was adopted as part of this Ordinance.
ZONING OFFICERThe person charged with the duty of enforcing the provisions of the Zoning Ordinance in each municipality, and any officially designated Assistant Zoning Officer.