East Berlin City Zoning Code
ARTICLE II
Definitions
§ 500-4 Interpretation.
As used in this chapter, words expressed in their singular include their plural meanings, and words expressed in plural include their singular meanings. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The words "building" and "street" are used generally and shall be construed as if followed by the phrase "or part thereof." The word "may" is permissive; the words "shall" and "will" are mandatory. Words used in the present tense include the future tense. The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
§ 500-5 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A paved surface, other than a street, which provides vehicular access for the public from a street or private road to a lot.
A building detached from, subordinate to, and on the same lot with the main building, and used for purposes customarily incidental thereto.
A suite, either attached to or detached from the primary dwelling unit on the lot, for occupation by the following members of the lot owner's family:
A parent, grandparent, adult child over age 18, and/or a spouse, partner or sibling of one of those relatives.
A family relative, by blood, marriage, adoption or foster relationship, who requires continuous care due to injury, illness or a serious physical or mental disability that substantially impairs or restricts one or more such activities as walking, seeing, hearing, speaking, working, or learning.
A licensed, permanent caregiver for the occupants of the primary dwelling unit on the lot.
A use on the same lot with and customarily incidental to any of the permitted uses.
A minor way, whether or not legally dedicated, intended and used primarily for vehicular service access to the rear of properties which abut on a street and not intended for the purpose of through vehicular traffic.
A residential building consisting of three or more apartments where each apartment is accessed from a common internal hallway or an external walkway and where at least one apartment is located above another apartment.
A residential development that includes two or more apartment buildings on a single property.
An owner-occupied and operated dwelling originally designed as a residential structure where limited overnight lodging and a breakfast is provided for compensation to tourist or recreational guests.
The Zoning Hearing Board of the Borough of East Berlin.
A support element under eaves, shelves, or other overhangs, often more decorative than functional.
A line, running parallel to and measured from the front property line, at which construction of the front building facade is to occur on a lot.
A combination of materials to form a permanent structure having walls and a roof, including, but not limited to, all mobile homes and trailers.
The vertical distance between the average elevation of the proposed finished grade along the entire front of the building, and the highest point of the roof for flat roofs, and the deck lines for mansard roofs, and the mean height between eaves and ridges for gable, hip and gambrel roofs, but not including chimneys, towers, spires, elevator penthouses, tanks, railings and similar projections.
A line, parallel to the street right-of-way line for front yards, and parallel to the lot lines for side and rear yards, designating the minimum distance from the right-of-way and/or lot lines that a building may be erected under the various land requirements of this chapter.
Fabricated or formed three-dimensional letter that may accommodate a light source.
A facility, developed either as a principal use or as an accessory use to another principal nonresidential use, where care is provided at any one time for seven or more children unrelated to the operator.
Within a parking lot, a driveway that provides connectivity from a street to the parking aisles from which individual parking spaces are accessed.
A business establishment designed and equipped for the conduct of sports and leisure-time activities in either an enclosed or unenclosed space.
An existing building that is or was converted to individual dwellings for more than one family without substantially altering the exterior of the building.
Projecting, ornamental molding along the top of a building or wall, usually in association with an eave.
See "monopole tower."
A tree that sheds its foliage during one growing season.
A strip, typically but not exclusively made of wood, used for ornamentation or finishing.
A measurement of the number of units, typically dwelling units, within a given area, typically an acre.
One of a series of small rectangular blocks forming a molding or projection beneath a cornice.
A person meeting the definition of "handicapped" in accordance with the federal Fair Housing Act, as follows:
A facility used for receipt, temporary storage, and redistribution of goods as they are received.
A landscaped island separating and running the length of two rows of contiguous parking spaces within a parking lot, and which provides opportunities for landscaping and traffic circulation control.
A roofed structure housing a vertical window that projects from a pitched roof.
An accessory facility to a business use that allows customers to receive service from outside the building housing the business and while remaining inside their vehicle.
Any building which is designed for human living quarters, but not including hotels, boardinghouses, tourist cabins, motels and other accommodations used for transient occupancy.
An independent housekeeping unit consisting of living quarters of one or more rooms arranged for use by one or more individuals with cooking, living, sleeping and sanitary facilities.
A building containing one dwelling unit and having no party wall in common with an adjacent building.
A building containing one dwelling unit and having a party wall in common with an adjacent building.
A building containing two dwelling units with one dwelling unit being wholly or partly above the other.
The projecting overhang at the lower edge of a roof.
Organizations which ensure public safety by responding to emergencies when they occur. Includes, but is not necessarily limited to, police, fire, and ambulance services.
A tree that maintains its foliage throughout the year.
That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
A facility, located within a residence, in which child day care is provided at any one time for four, five, or six children unrelated to the operator.
A structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire, rails, or similar material.
A business establishment in which money is kept for saving or commercial purposes, or is invested, supplied for loans, or exchanged. Includes, but is not necessarily limited to, bank, credit union, and savings and loan businesses.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
An organized society of members associated in an environment of companionship and dedicated to the intellectual, physical, and/or social development of the community.
The portion of a lot facing a street, exclusive of an alley street.
For a corner lot, reverse frontage lot, or other lot with more than one frontage, the frontage that faces the highest classification street. Typically, this is the street to which the property is addressed.
For a corner lot, reverse frontage lot, or other lot with more than one frontage, any frontage that is not classified as primary frontage.
An establishment in which deceased persons are prepared for burial or cremation and in which wakes and funerals may be held.
A triangular wall segment at the end of a double-pitched roof.
An establishment including a room or series of rooms where works of art are exhibited.
The Borough Council of the Borough of East Berlin.
Any use proposed by or conducted by a governmental entity, including local, county, state, or federal levels of government.
A facility, located in a residence or other premises, in which child care is provided at one time for more than six but fewer than 16 school-age children, or more than six but fewer than 13 children of another age level, who are unrelated to the operator.
A dwelling inhabited by disabled persons functioning as a common household unit, and provided with nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution because of physical disability, old age, mental retardation or development disability.
A noninstitutional living arrangement with treatment and support services, including full-time supervision and counseling on employment, vocations, finances, and community living, for persons with substance abuse problems or for inmate and parolees approaching release date or release from a corrections institution.
A place of business with equipment and facilities for exercising and improving physical fitness.
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials.
A business conducted within a dwelling or a single building accessory to the dwelling by the inhabitants thereof and which is clearly incidental and subordinate to the primary residential use of the property.
A building consisting of lodging rooms designed or occupied primarily as the temporary place of abode of individuals who are lodged for compensation (with or without meals) in which provisions for cooking are generally not made in individual rooms or suites.
A light source placed outside a fixture, such as a sign, and arranged to project light onto the outside surface of the fixture to make the fixture visible.
A light source placed inside a fixture, such as a sign, and projected through a translucent face to make the fixture visible.
Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, swimming pools and other nonporous structures or materials.
A development project, surrounded by other properties that have already been developed, and that is designed in a manner that complements the developed nature of surrounding properties by employing characteristics that include, but are not necessarily limited to, similar mixtures of uses, complimentary architectural designs, consistent building bulk and massing, and overall site design.
A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
A designated area where delivery vehicles are parked when delivering products to and from a place of business or similar use.
A designated parcel, tract, or area of land established by plat or otherwise as permitted by law, and to be used, developed or built upon as a unit.
The area contained within the property lines of a lot, excluding any street right-of-way or driveway easement providing access to an adjoining property, or officially designated floodplain located on the lot.
The area of any lot covered by buildings, driveways and parking lots (whether paved or provided with crushed stone, pavers, or similar surface), sidewalks, swimming pools, or other similar structural features.
A lot abutting two intersecting streets, where the interior angle of intersection does not exceed 135°. The yards adjacent to both public and private streets shall be considered front yards when determining appropriate setbacks.
A lot where the front property line and the rear property line both abut a street. Typically, the rear property line abuts an alley street.
The horizontal distance between side lot lines measured at the required front yard setback line.
A canopy tree with a mature height exceeding 25 feet and a minimum caliper at the time of planting in excess of two inches.
A landscaped island located within a row of contiguous parking spaces in a parking lot, and which provides for landscaping opportunities within parking lots.
A tree with a mature height of between 10 and 25 feet and a minimum caliper at the time of planting of between one and two inches.
A property that includes, or is proposed to include, two or more different uses.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
A type of wireless communication tower constructed of a single, tubular structure upon which wireless communication antenna and related equipment are mounted.
A building or group of buildings, whether detached or in connected units, containing individual rooms designed and used primarily for transient automobile travelers, together with accessory off-street parking facilities. The terms "automobile court," "tourist court," "motor lodge," and "motor hotel" shall be used interchangeably with the term "motel" and shall have the meaning set forth in this section.
A place or building where objects of historical, artistic, or scientific interest are exhibited, preserved, or studied.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter, or an amendment thereto, where such structure lawfully existed prior to the enactment of this chapter, or an amendment thereto. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable provisions of this chapter, or an amendment thereto, where such use was lawfully in existence prior to the enactment of this chapter, or an amendment thereto.
A place of business where management, clerical, and related elements of said business are conducted.
A fuel burning device that is:
Designed to burn wood or other solid fuels.
Designed for outdoor installation or for installation in structures, including, but not necessarily limited to, garages and sheds, not normally intended for habitation by humans or domestic animals.
Intended to heat building space and/or water through the distribution, typically through pipes, of a fluid heated in and by the device, where such fluid is typically water or a mixture of water and antifreeze.
Outdoor wood-fired boilers are also known as "wood-fired furnaces," "outdoor wood-burning appliances," "outdoor hydronic heaters," "water stoves" or similar terms.
Within a parking lot, a driveway that provides direct access to individual parking spaces.
An area of a lot set aside for and specifically designed to accommodate the parking of motor vehicles.
The space within a building or on a lot or parking lot for the parking or storage of one motor vehicle off the right-of-way of a public street or road.
A buffer area surrounding a parking lot on all sides and within which required landscaping can be installed.
A facility, developed either as a principal use or as an accessory use to another principal nonresidential use, where care is provided at any one time for four or more clients unrelated to the operator for part of a twenty-four-hour day, who do not require the assistance or supervision of a long-term care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, and financial management.
A business that provides a process directly to the customer at the place of business. Includes, but is not necessarily limited to, barbers, hair stylists, tailors, and similar businesses.
A building, structure, or group of buildings or structures designed, intended, and used for the assembly of individuals engaging in religious practices. This definition shall include, but is not limited to, churches, temples, chapels, cathedrals, synagogues, and mosques. This definition does not include educational or day-care facilities, but may include a rectory for one family.
A unit of measure used to determine the quantity of plantings required in a residential, commercial, industrial, or other development project. For the purposes of this chapter, one planting unit (PU) equals:
The main or primary use of land or structures, as distinguished from an accessory use, as herein defined.
Notice published once a week for two successive weeks in a newspaper of general circulation in this county. Such notice shall state the time and place of a hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and not less than seven days from the date of the hearing.
A townhouse building including four dwelling units arranged in such a manner that each dwelling unit shares a common, vertical party wall with two other dwelling units.
A facility dedicated to the collection and processing on used or discarded materials with the intent of preparing or packaging said materials to use in the creation of new products.
A commercial facility in which customers can rent space to store possessions.
A commercial establishment where food is prepared and served to customers.
A business that deals in the sale of goods individually or in small quantities to customers.
An institution, whether public or private, primarily devoted to the provision of instruction in vocational, professional, musical, dramatic, artistic, linguistic, scientific, religious, or other special subjects.
An organization, especially comprised of businesspersons or professionals, dedicated to the general welfare of its members and of the community.
A grouping of four or more retail business and/or service uses planned and designed to function as a unit, and having off-street parking and a landscaping plan as an integral part of the unit.
A woody plant of relatively low height, having several stems arising from the base and lacking a single trunk.
Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
The entire area within a single continuous perimeter enclosing all elements of the sign, which form an integral part of the display, including the perimeter border, and calculated using the best-fit geometric shape that approximates the perimeter of the sign display.
A measurement of the distance from the average grade below the sign to that portion of the sign the furthest distance from the ground.
A sign so designed as to facilitate or permit the rotation, oscillation, or other movement of the sign or of any of its visible parts.
A sign incorporated into or attached to an awning.
Any sign that communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. Such signs shall not include off-premises directional signs, as defined herein.
A type of sign designed to accommodate a changing message.
A sign erected by a governmental, civic, charitable, or similar organization, located either on the property of said organization or on any other property, announces welcome to the community and contains no other advertising except for the name(s) of the organization(s).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
A sign, not including billboard signs as defined herein, located for the purpose of providing directions to a use not readily visible and not located on the lot where the sign is erected.
A sign that is movable and not permanently attached to a structure or to the ground.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Any sign place above the roof line of a building.
A sign not permanently attached to the ground or other permanent structure and supported by an A-shaped frame or structure, designed to be placed near the entrance of a nonresidential use during normal business hours.
Any sign attached parallel to, but within six inches of, a wall painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
The view of the sun, between the hours of 9:00 a.m. and 3:00 p.m. any day of the year, from any point of the surface of a solar panel that is not obscured by vegetation, a building, or other object located on a parcel other than the parcel on which the solar panel is located.
A structure containing one or more receptive cells and the appurtenant system necessary to convert soar energy into usable electrical energy.
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A building or room within a building where an artist, photographer, or musician works or where motion pictures, music, or similar media is produced.
Any pool which is constructed, used, or maintained to provide recreational facilities for swimming, bathing, or wading and which is capable of containing water to a depth greater than 24 inches and/or with a surface area of 50 or more square feet, and all buildings, equipment, and appurtenances thereto.
A landscaped island located on either end of rows of parking spaces within a parking lot, which provides opportunities for landscaping, and which defines the ends of parking aisles thus contributing to traffic circulation control.
A building or room within a building with tiers of seats and intended for the presentation of plays, films, or other dramatic performances.
A building that includes a series of three or more single-family dwelling units attached by one or more vertical common party walls.
A development that includes two or more townhouse buildings developed on a single property.
A single townhouse building constructed on a vacant lot in a previously developed area and situated on the site in a manner consistent with infill development principals.
The area of a lot covered by grass, trees, shrubs, or other plantings, mulched areas, or other environments that support or are intended to support growing plants at ground level.
A structure including a tower or base, foundation, blades, rotors, batteries, and other appurtenant equipment necessary to convert wind energy into usable electrical energy.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communication signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned and operated by any person or entity licensed by the Federal Communications Commission to operate such devise. This definition does not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.
A space open to the sky and unoccupied by any building, structure, or merchandise for display or sale.
A yard extending the full width of the lot and situated between the street right-of-way line and the front building line.
A yard extending the full width of the lot and situated between the rear lot line and the rear building line.
A yard extending from the front building line to the rear building line and located between the side property line and the side building line.
The municipal official duly appointed by the governing body to administer and enforce this chapter.
A permit required by this chapter in a specific circumstance.
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Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq.