Eddystone City Zoning Code
ARTICLE II
Terminology
§ 295-5 Definitions and word usage.
A.
Interpretation of language. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning indicated herein. Words used in the present tense include the future. The singular shall include the plural, and the plural shall include the singular. The word "building" includes "structure." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for." The word "person" includes an individual, corporation, partnership, incorporated association or any other similar entity. The words "includes" or "including" shall not limit the term to the specified examples but are intended to extend their meaning to all other instances of like kind and character. The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive. Terms not defined herein shall have the meaning customarily assigned to them.
B. ACCESSORY STRUCTURE ACCESSORY USE ALTERATION, SUBSTANTIAL AMUSEMENT/THEME PARK APARTMENT BUILDING APARTMENT UNIT BASEMENT BUFFER AREA BUILDING BUILDING COVERAGE BUILDING HEIGHT BUILDING INSPECTOR BUILDING LINE CERTIFICATE OF OCCUPANCY CHARITABLE OR NONPROFIT ORGANIZATION CLUB, PRIVATE COMMUNITY RESIDENCE FACILITY, FAMILY-BASED CONDITIONAL USE CONDOMINIUM CONFERENCE CENTER CONVERSION DAY-CARE CENTER DENSITY DEVELOPER DEVELOPMENT DWELLING DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE) DWELLING, SINGLE-FAMILY DETACHED DWELLING, SINGLE-FAMILY SEMIDETACHED (TWIN) DWELLING, TWO-FAMILY DWELLING UNIT EAST COAST GREENWAY FAMILY FAMILY DAY-CARE HOME FLOOR AREA, GROSS FREESTANDING BUILDING GROUP DAY-CARE HOME HOME OCCUPATION, MAJOR HOME OCCUPATION, MINOR HOTEL IMPERVIOUS COVERAGE OR SURFACE INDUSTRIAL/TECHNOLOGY CORRIDOR LABORATORY LANDSCAPED PLANTING AREA LIGHT INDUSTRIAL PARK/FLEX FACILITY LOT LOT AREA LOT, CORNER LOT DEPTH LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT, MINIMUM AREA OF LOT WIDTH NONCONFORMING BUILDING OR STRUCTURE NONCONFORMING LOT NONCONFORMING USE OFFICE OFFICE PARK PARKING SPACE PENNSYLVANIA MUNICIPALITIES PLANNING CODE PERFORMANCE STANDARDS PERMIT PLANTED VISUAL SCREEN PRINCIPAL BUILDING OR USE RECREATIONAL AREA RECREATIONAL VEHICLE RESTAURANT, FAST-FOOD RESTAURANT, STANDARD OR SIT-DOWN RIGHT-OF-WAY LINE SATELLITE ANTENNA SETBACK SETBACK, REQUIRED SIGN SIGN, ACCESSORY USE SIGN, A-FRAME SIGN AREA SIGN, AWNING OR CANOPY SIGN, CHANGEABLE COPY SIGN, CURB OR SIDEWALK SIGN, DIRECTIONAL SIGN FACE SIGN, FREESTANDING SIGN, GROUND SIGN, IDENTIFICATION SIGN, ILLUMINATED SIGN, INCIDENTAL SIGN, NAMEPLATE SIGN, OVERHANG SIGN, PORTABLE SIGN, PROJECTING SIGN, SALES OR PRICE CHANGE SIGN, SANDWICH SIGN STRUCTURE SIGN, TEMPORARY SIGN, WALL SIGN, WINDOW SPECIAL EXCEPTION STREET STREET LINE (STREET RIGHT-OF-WAY LINE) STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT SWIMMING POOL, PRIVATE TOWNHOUSE BUILDING TRACT TRACT AREA TRAILER VARIANCE WATER-DEPENDENT USE YARD YARD, FRONT YARD, REAR YARD, REQUIRED YARD, SIDE
Definition of terms. In this chapter, words, terms and phrases shall have the following meanings:
A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Any alteration or repair which increases the floor area of a structure by 25% or more.
A facility composed of one or more buildings or structures operated for a profit on a permanent basis, including a use which is designed to provide indoor or outdoor entertainment, pleasure or relaxation which may promote some theme, motif, or concept and may provide lifts, tramways, monorails, elevators, escalators, roller coasters or other conveyance or rides for the entertainment or amusement of the public.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A structure containing three or more apartment units; also, a multifamily building.
One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building.
An enclosed area partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.
A strip of land in which no parking areas, driveways or structures are permitted adjacent to the existing lot line to establish a separation between uses.
Any structure used or intended for supporting or sheltering any use or occupancy.
The ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total acreage of the lot upon which the buildings are located.
The vertical distance measured from the average level of the ground surrounding the structure to the highest point of the roof for flat roofs and to the ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, tanks, antennas and similar projections of the building not intended for human occupancy shall not be included in calculating the height.
A duly appointed local official empowered to administer and enforce this chapter and other codes, ordinances and regulations of the Borough.
[Added 1-13-1997 by Ord. No. 568, approved 1-13-1997]
A line parallel to the street right-of-way line at a distance therefrom at least equal to the depth of the front yard required for the district in which the lot is located.
A document issued by the duly authorized local authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable local codes and ordinances.
A group organized for lawful purposes other than generating a profit, such as charitable, educational, political, social, trade, cultural, scientific, professional or any similar organization.
A social, professional, philanthropic or similar organization characterized by the payment of dues, regular meetings and a constitution and/or bylaws. A building is used for club or lodge purposes when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
A dwelling, licensed by the appropriate state agency, shared by persons requiring special care and their supervisors who live together as a single housekeeping unit in a family-like environment. This facility is designed to create a residential environment for the developmentally disabled, mentally ill or retarded, handicapped or similar groups unable to live without supervision. The maximum number of residents in a facility shall not exceed seven, not including supervisors. These facilities shall not be used as establishments for persons recovering from the effects of drugs, alcohol or for inmates of penal institutions.
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
A facility used for conferences, seminars and similar events, with accommodations for sleeping, food preparation/service and eating. The center may include a banquet facility, recreation, entertainment, meeting rooms, fitness and health facilities, retail stores, personal service such as beauty and barbershops and similar uses customarily included in conference centers.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A change in the use of a building; for example, the change of a single-family dwelling to a two-family dwelling or the change of a retail use to office use. Where the use and dimensional regulations of this chapter permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits. However, residential conversions must comply with § 295-90.
A child day-care facility in which seven or more children who are not related to the operator receive child care. A child day-care center must have a certification of compliance (license) from the state Department of Welfare in order to legally operate.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
Unless otherwise stipulated in this chapter, the term "density" shall mean the maximum number of dwelling units per gross acre.
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development or any other development.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, dredging, filling, grading, excavation or drilling operations, storage of equipment and materials and the subdivision of land.
A building or unit designed and constructed for residential use.
A single-family dwelling within a building with not more than six attached dwellings. Each dwelling has at least one party wall in common with other dwellings in the same row; a townhouse.
A building designed for and occupied exclusively as a residence for only one family, with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard.
A building designed or occupied exclusively as a residence for two families living independently of one another.
One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
A proposed bicycle and pedestrian trail which, when completed, is expected to connect the major cities on the eastern seaboard and extend from Maine to Florida.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage or adoption, including foster children; or no more than seven unrelated individuals living together as a single housekeeping unit with single kitchen facilities.
A home other than the child's own home, operated for profit or not-for-profit, in which child care is provided at any one time to four, five or six children unrelated to the operator.
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.
A facility in which care is provided for more than six but fewer than 16 school-age children, or more than six but fewer than 13 children of another age, who are unrelated to the operator. The term includes a facility located in a residence or another premises.
Any lawful home occupation or profession conducted in a dwelling that employs at least one person not including the resident/operator of the home occupation and/or requires off-street parking in addition to that for the dwelling.
Any lawful occupation or profession conducted in a dwelling in which no persons other than the members of the resident family are engaged, which has no visible exterior evidence of the occupation, which does not create a need for off-street parking beyond the normal dwelling needs and in which no equipment is used other than that normally used in a household, domestic or general office use.
Any building or group of buildings, other than a spa/retreat, in which there are five or more guest rooms used, designed or intended to be used, let, or hired out for the purpose of offering to the general public lodging on a day-to-day basis not to exceed 30 consecutive calendar days, where the primary entrance is through a lobby or foyer, and also, in which there are no provisions for cooking in any individual room or suite unless specifically permitted by the Zoning Hearing Board. A hotel may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
The coverage of the lot area or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways and any other similar surfaces.[1]
A strip of land located generally within Eddystone Borough, Ridley Township and Tinicum Township between I-95 and the Delaware River within which the Industrial Corridor Design, Phase 1, component of the Delaware County Renaissance Program permits lower-impact, technology-based and water-related uses in specified zoning districts.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A facility for scientific research or the testing of materials.
[Amended 11-13-2006 by Ord. No. 614, approved 11-13-2006]
An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this chapter and permanently maintained. See § 295-79.
A tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial establishments, with special attention to circulation, parking, utility needs, aesthetics and compatibility. The park may contain mixed uses or flex space in the form of manufacturing support facilities, showroom and display areas, offices and office support functions and research and product development related uses.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A parcel of land which is or may be occupied by a building and/or accessory structure or use, including open spaces and setbacks as are required within the district in which the lot is located.
The total horizontal area within the lot lines of a lot.
A lot bounded by streets on at least two sides. Both yards adjacent to streets shall be considered front yards. The short side of the corner lot shall be considered the front of the lot.
The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
The line separating the lot from the street right-of-way.
Any lot line, except the front lot line, which is parallel to, or within 45° of being parallel to, and does not intersect any street line, except in the case of corner lots.
Any lot line which is not a front or rear lot line.
The lot area established by this chapter on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
A building or structure which does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the effective date of this chapter or amendments thereafter.
Any lawful lot which does not conform to one or more of the provisions of the district in which it is located either on the effective date of this chapter or of amendments thereafter.
A use, whether of land or of a structure, which does not comply with the provisions of this chapter, where such use was lawfully in existence prior to the effective date of this chapter or amendments thereafter.
Buildings, structures or parts thereof used to conduct the business of administrative, professional or clerical operations, but not including an office for an escort bureau or outcall entertainment referral service. Incidental uses, such as medical or dental testing or diagnostic services, are permitted in conjunction with medical and dental offices.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A tract of land that has been planned, developed and operated as an integrated facility for the office uses of a number of individual business establishments, with special attention to circulation, parking utility needs, aesthetics and compatibility.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A reasonably level space, having a surface slope not exceeding 6%, used for parking a motor vehicle. Such space shall be exclusive of passageways, driveways or other means of circulation or access.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent act of the Commonwealth of Pennsylvania which replaces, supplements or repeals any or all of the provisions of Act 247.
A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. These standards are listed in Article XVII.
Written municipal permission issued by the appropriate local official empowering the holder thereof to do some act not forbidden by law, but not permitted without such authorization.
A strip of trees or hedges adjacent to the boundary of a property which, at time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens which shall be planted not farther than eight feet from one another. Such screens shall be permanently maintained. Deciduous trees may be added to create interest and variety. See § 295-78.
A building or use which is the primary building or use on a lot as distinguished from a building or buildings relating to an accessory, incidental or subordinate use; the primary purpose for which land, a building or a structure or the use thereof is designed, arranged or intended.
A place designed and equipped for the conduct of sports, leisure time activities and other customary and visual recreational activities.
A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
Any premises used for the sale of food, refreshments and nonalcoholic beverages, whose design or method of operation includes the serving of food and beverages in disposable containers and in which food or beverages are not normally delivered to the customer's table by an employee of the restaurant. Such restaurant may also include the delivery of food and beverages directly from the restaurant to the customer in his or her motor vehicle.
Any premises used for the sale, dispensing and/or serving of food, refreshments or beverages where the customer is normally involved with an individual menu and is served by a restaurant employee at the table, booth or counter at which said items are consumed.
The line that forms the boundary of a right-of-way.
The distance between the street right-of-way line or a lot line and the principal building on a lot.
The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the "building envelope," within which the principal structure must be erected or placed.
Any object, device, display or illustration which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers or symbols.
A sign which identifies a home occupation.
A portable sign having two separate surfaces meeting at the top to form an "A" and supported on these surfaces (i.e., having no pole). Such sign may contain information relating to the business to which it pertains, and such information may be changed periodically.
The entire face of a sign, including the advertising surface and any framing, trim or molding but not including the supporting structure.
A sign that is mounted or painted on or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time-and-temperature sign and not a changeable copy sign for purposes of this chapter.
A movable sign which is not secured or attached permanently to the ground.
A sign limited to directional messages principally for pedestrian or vehicular traffic, such as "entry" or "exit," "one way," "loading" or "service area," "fire lanes," "parking" or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
The area or display surface used for the message.
A detached sign which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.
A freestanding sign other than a sign supported by a post or pylon, placed upon or supported by the ground independent of any other structure.
A sign giving the nature, logo, trademark or other identifying symbol, address or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the lot on which a sign is located shall be considered incidental.
A sign indicating only the name and/or profession and address of the person(s) residing or legally occupying the premises.
A sign that is suspended from the underside of a horizontal surface and is supported by such surface.
A sign that can either be attached or mounted on a mobile stand or transported by a trailer.
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
A type of temporary sign which has a high turnover, such as those advertising sales and frequent price changes. These signs are most commonly found on windows/doors of supermarkets, grocery stores and beverage distributors. In most cases, these signs are constructed of paper, cardboard or other lightweight materials.
A movable sign, not secured or attached permanently to the ground, which has two separate, generally parallel surfaces and is supported on these surfaces (i.e., having no pole).
The supports, uprights, braces and framework of the sign.
A sign that is used in connection with an event, situation or circumstance that is designed or intended to take place or be completed within 30 days after a permit for the sign is issued or is intended to remain on the location where it is placed or erected for not more than 30 days.
A sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building which does not project more than 12 inches from the wall or vertical surface to which it is attached.
A sign attached or affixed to a window or door.
A public or private way used or intended to be used as a means of vehicular and pedestrian travel and access to abutting properties and space for public utilities and improved to the satisfaction of the Borough.
The line dividing the street and the abutting property. The street line shall be the same as the right-of-way line.
Any man-made object having an ascertainable, stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include buildings, signs, fences, walls, poles, towers, swimming pools, porches, garages and similar structures. "Structure" shall be interpreted as including the words "or part thereof."
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement.
Any body of water, tank or receptacle of water having a depth at any point greater than two feet used or intended to be used for swimming or bathing solely by the owner, his family and guests of the household and constructed, installed, established or maintained outside any building in or above the ground upon any premises as an accessory use to the residence. Swimming pools shall not include wading and splashing pools with a water depth of less than two feet.
A building containing not more than six single-family attached dwellings (townhouse units) in which each townhouse unit is attached only by a party wall or walls to one or two other townhouse units.
An area, lot, parcel, site or property which is the subject of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract area shall be measured to the ultimate right-of-way line of public streets.
A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects or as a temporary office.
A use that requires direct access to or location adjacent to the Delaware River or Crum or Ridley Creeks and which, therefore, is not customarily located in inland areas. Water-dependant uses include, but are not limited to, marinas, recreational and commercial fishing and boating facilities, waterfront dock and port facilities and commercial and industrial uses dependent on waterborne transportation.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
An unobstructed open space on the same lot with a principal building which extends from a street line or lot line inward to the principal building.
A yard extending the full width of the lot, the depth of which extends from the front lot line to the nearest point of the principal building.
A yard extending the full width of the lot, the depth of which extends from the rear lot line to the nearest point of the principal building.
The required open space on the same lot with a building or, where provided for in this chapter, such open space in connection with a group or complex of buildings on a lot, which open space is unoccupied and unobstructed by any portion of a principal structure from the ground upward, except for projections permitted.
A yard extending between the inside lines of the front and rear yards and extending in width from the side lot line to the nearest point of the principal building.[4]
[1]
Editor's Note: The former definition of "industrial park," which immediately followed this definition, was deleted 1-13-1997 by Ord. No. 568, approved 1-13-1997.
[2]
Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq., respectively.
[3]
Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq., respectively.
[4]
Editor's Note: The former definition of "Zoning Officer," which immediately followed this definition, was deleted 1-13-1997 by Ord. No. 568, approved 1-13-1997.