[Ord. No. 08-01-2024, 8/27/2024]
The following words and phrases have the meanings given in this Section, as follows:
ACADEMIC CLINICAL RESEARCH CENTERAn accredited medical school within the Commonwealth that operates or partners with an acute care hospital licensed within the Commonwealth.
ACCESS DRIVEA paved surface, other than a street, which provides vehicular access from a street or private road to a lot.
ACCESSORY STRUCTUREA structure detached from, subordinate to, and on the same lot with the principal structure, and used for purposes customarily incidental thereto. Accessory structures shall include car ports, private garages, gazebos, pet houses, utility or storage buildings, and swimming pools, as defined herein.
ACCESSORY USEA use subordinate to, and on the same lot with the principal use, and provided for purposes customarily incidental thereto.
ADMINISTRATIVE ACTIVITIESAny business function in which there is no regular contact with the general public and no materials, products, goods, or prepared foods are stored except for office consumption.
ADULT ENTERTAINMENT USEAn establishment having as a substantial or significant portion of its stock or trade, movies, shows, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or specific anatomical areas.
AIRCRAFTAny contrivance, except an unpowered hang-glider or parachute, used for manned ascent into or flight through the air.
AIRPORTAny area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon.
AIRPORT ELEVATIONThe highest point of an airport's useable landing area measured in feet above sea level.
AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined by "airport hazard" in 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in this Ordinance and Act 164 of 1984 (Pennsylvania Laws relating to Aviation).
ALLEYA minior 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.
APARTMENT BUILDINGA residential building containing apartments and developed on a single parcel of land and sharing common parking, recreation, and landscaping areas.
APARTMENT, CONVERSIONAn existing dwelling unit that is or was converted to individual dwellings for more than one family, without substantially altering the exterior of the building.
ASSISTED LIVING UNITA living arrangement within a continuing care retirement community that provides housing and support services for one or more persons who may require assistance with daily living activities but do not require twenty-four-hour skilled nursing and medical care. Such assistance may include the provision of meals, housekeeping, laundry, transportation, daily personal care, programmed social activities, and dispensing of medications.
BASE DENSITYThe maximum number of dwelling units permitted to be developed within a given lot area without applying development standards established by this Ordinance to achieve higher density.
BAY WINDOWA window structure projecting beyond the main wall plane.
BED AND BREAKFASTA short-term rental established within a dwelling, concurrently being occupied by the property owner or a designated operator, where overnight lodging is provided for compensation to tourists or recreational guests, and where meals may be provided either solely to overnight guests or to the general public in a restaurant setting operated as an accessory component to the lodging operation.
BEDROOMAny room used principally for sleeping purposes.
BLOCKAn area bounded by three or more streets.
BOROUGHThe Borough of Fairfield, Adams County, Pennsylvania.
BOROUGH COUNCILThe Borough Council of the Borough of Fairfield, Adams County, Pennsylvania.
BRACKETA support element under eaves, shelves, or other overhangs, often more decorative than functional.
BUILD-TO LINEA line establishing the required location of the front facade of a principal structure on a lot.
BUILDINGA combination of materials to form a structure having walls and a roof, including, but not limited to, all mobilehomes.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed grade plane to the average height of the highest roof surface. Chimneys, spires, towers, mechanical penthouses, tanks, solar panels, and similar projections of the building not intended for human occupancy shall not be included in calculating building height.
BUILDING SETBACK LINEThe minimum required distance between the face of any structure to be erected and the related street right-of-way line or side or rear property line. The face as measured to the major portion of the structure includes sun parlors, foyers, and bay windows.
BULKA term describing the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines. Includes the size, height, and floor area of buildings or other structures, the relationship of the number of dwelling units in a residential building to the area of the lot (usually called density) and all open areas in yard space relating to buildings and other structures.
BUSINESS OFFICEA place of business where management, clerical, and related elements of said business are conducted.
CAR PORTA roofed structure for which the sole purpose is protection of motor vehicles. Such structures may be attached to the principal structure on no more than two sides but shall not be enclosed on any other dimension.
CEMETERYLand used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CERTIFICATE OF OCCUPANCYA certificate issued and enforced by the Zoning Officer, Building Permit Officer, or their designee, upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein, as well as all other applicable requirements, have been satisfied.
CHILD CARE FACILITYA 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 (7) or more children unrelated to the operator.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
CO-LOCATIONGenerally, the placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless communication towers, water towers, utility poles, or any other building or structure not classified as a wireless communication tower that can support the placement or installation of wireless telecommunications facilities. With regard to small wireless facilities specifically, the installation, mounting, maintaining, modification, or replacing of small wireless facilities on an existing utility pole or other wireless support structures.
COMMERCIAL RECREATIONAn establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for such activity. Includes, but is not limited to, bowling alleys, miniature golf courses, skating rinks, and comparable uses.
COMMON OPEN SPACEA parcel or parcels of land, an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off street parking areas, and areas set aside for public facilities.
COMMUNICATIONS ANTENNAAny antenna device used for the wireless transmission or reception of radio, television, telephone, pager, mobile radio, or any other wireless communication, including, but not limited to, omnidirectional, whip, directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission to operate such devices. This definition shall not include private, residence-mounted radio, television, citizens band or amateur radio antennas or their supporting structures.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole tower or a guyed tower, designed and used to support communications antennas.
CONDITIONAL USEA use permitted in a particular Zoning District pursuant to the provisions of Article
VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq., and Article
XVI of this Ordinance.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which are designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONICAL SURFACEA surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.
CONTINUING CARE RETIREMENT COMMUNITYA residential community designed to provide independent and assisted living arrangements for person(s) aged fifty-five (55) years and older as part of a planned community, where said planned community may also include nursing services, medical services, and other health and lifestyle related services.
CONVENIENCE STOREA general retail establishment that sells prepackaged foods products, household items, newspapers and magazines, candy, beverages (including alcoholic beverages if authorized by the Pennsylvania Liquor Control Board), and a limited amount of freshly prepared foods such as sandwiches and salads for on or off-premise consumption, and which may include self-service fuel and other goods associated with automobile service.
CONVERSION APARTMENTA building that has been converted or will be converted to three (3) or more individual dwelling units without substantially altering the exterior of the building.
CORNICEProjecting, ornamental molding along the top of a building or wall, usually in association with an eave.
COUNTYThe County of Adams County, Pennsylvania.
CROSS GABLEA gable set perpendicularly to the primary gable of a building.
DECIDUOUS TREEA woody, perennial tree which loses its foliage at the end of each growing season.
DENSITYA measurement of the number of dwelling units permitted to be developed within a given lot area.
DENTILOne of a series of small rectangular blocks forming a molding or projecting beneath a cornice.
DEVELOPERAny landowner, agent of such landowner, tenant with the permission of such landowner, or one authorized and empowered by a landowner, who makes or causes to be made a subdivision of land, a land development, or a resubdivision.
DISTRIBUTED ANTENNA SYSTEM (DAS)A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.
DISTRIBUTION FACILITYA use where goods are received and stored for delivery to the ultimate customer at remote locations.
DIVIDER STRIPA landscaped island within a parking lot separating two adjoining rows of parking spaces within a parking lot.
DORMERA roofed structure housing a vertical window that projects from a pitched roof.
DRIVE-THROUGH SERVICEA service made available by any establishment which, by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DUPLEXSee "dwelling, two-family."
DWELLINGAny building which is designed for human living quarters, but not including hotels, boarding houses, tourist cabins, motels, and other accommodations used for transient occupancy.
DWELLING UNITAn independent housekeeping unit consisting of living quarters of one or more rooms with cooking, sleeping, and sanitary facilities, and arranged for use by one or more individuals.
EAVEThe projecting overhang at the lower edge of a roof.
EMERGENCY SERVICESOrganizations that ensure public safety by responding to emergencies when they occur. Includes police, fire, and ambulance services.
EVERGREEN TREEA woody, perennial tree which retains its foliage for more than one growing season, and which has a mature height exceeding fifteen (15) feet and a minimum height at planting of six (6) feet.
FACADEThe exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FACADE, FRONTThe facade parallel or nearly parallel to the public or private street upon which the building has its primary frontage. The front facade contains the primary entrance to the building.
FACADE, SIDEThe facade parallel or nearly parallel to the side property line of the building.
FAMILY CHILD CAREA facility, located within a residence, in which child day care is provided at any one time for four (4), five (5), or six (6) children unrelated to the operator.
FANLIGHT WINDOWA semi-circular or fan-shaped window with radiating members or tracery set over a door or window.
FEDERAL AND STATE USESUses provided by and conducted by the government of the United States and by the Commonwealth of Pennsylvania, including their agencies and/or authorities. Does not include Liquor Stores.
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen or separate areas.
FENCE, ORNAMENTALA fence consisting of wrought iron, galvanized steel, aluminum, vinyl, wood or similar materials fabricated into a design with specific pattern elements or ornamentation.
FENCE, WIRE MESHA fence made entirely of wire woven or otherwise arranged into squares or rectangles and attached to vertical supports.
FLOOR AREAThe sum of the gross area of all floors of a building or buildings measured from the face of exterior walls or from centerlines of walls separating two buildings. Floor area includes, but is not limited to, the following.
(2) Elevator shafts, stairwells, and attic space (whether or not a floor has been laid) providing structural headroom of eight (8) feet or more.
(3) Roofed terraces, exterior balconies, breezeways, or porches, provided that over fifty percent (50%) of the perimeter of these is enclosed.
(4) Any other floor space used for dwelling purposes, no matter where located within the building.
(5) Accessory buildings, excluding space used for accessory off street parking or for loading berths.
(6) Any other floor space not specifically excluded, excluding space used for air conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
FOOTCANDLEThe illuminance produced by a candle on a surface of one (1) foot square from a distance of one (1) foot.
FROSTED GLASSGlass that has been sandblasted or etched with acid to roughen the surface in a manner that results in the glass scattering light during transmission, thus blurring the light source. Includes the glass used for a frosted light bulb.
FULL CUTOFFA light fixture designed in such a manner that all light emitted by the light fixture, either directly from the light source or indirectly from reflection or refraction from the light source, is projected below the horizontal plane through the light fixture's lowest light-emitting part.
GABLEA triangular wall segment at the end of a double-pitched roof.
GARAGE, PRIVATEA permanent structure, either attached to or separate from a principal building, used primarily for storage of automobiles or other large motorized vehicles.
GASOLINE SERVICE STATIONAny parcel and associated structure thereon used for the following.
(1) The retail sale of motor fuel and lubricants, as well as incidental services such as lubrication and handwashing of motor vehicles.
(2) The sale, installation, or minor repair of tires, batteries, or other automotive accessories.
GAZEBOA freestanding, roofed temporary or permanent structure, usually open-sided, providing a shady resting or gathering place.
GROUP CHILD CAREA facility, located in a residence, in which child care is provided at one time for more than six (6) but fewer than sixteen (16) school-age children, or more than six (6) but fewer than thirteen (13) children of another age level, who are unrelated to the operator.
GROUP HOMEA facility providing shelter, counseling, and other rehabilitative services in a family-like environment for no more than ten (10) residents and such supervisory personnel as required by the licensing agency. Such facilities may provide supervisory and rehabilitative services, but medical care or nursing supervision shall not be provided.
HALFWAY HOUSEA dwelling for the supervision of transitionally institutionalized individuals who have violated the law and who are sent to such an establishment upon release from, or in lieu of being sent to, a penal institution or juvenile detention center.
HEALTH CLUBA facility that provides equipment and space for the purposes of physical exercise, sports, and related recreational activities.
HEAVY MANUFACTURINGA use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials.
HEIGHT OF SIGNThe vertical distance measured from ground level to the highest point on the sign, or its supporting structure.
HOME OCCUPATIONAny use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, provided that the use is clearly incidental and secondary to the use of the dwelling for residential purposes.
HOME OFFICEA use conducted entirely within a dwelling and carried on by the inhabitants residing therein, provided that the use is clearly incidental and secondary to the use of the dwelling for residential purposes, and that the use generates no customer or delivery traffic.
HOMESTAYA short-term rental within a dwelling, where such dwelling is concurrently being occupied by the owner, and where a maximum of one (1) short-term lodging room or suite is provided to one (1) party of guests for compensation.
HORIZONTAL SURFACEA horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal surface zone.
HOTELA building containing individual sleeping units or rooms and used primarily for transient automobile travelers, together with off street parking facilities, and where access to individual units is from hallways internal to the building.
ILLUMINATION PLANA site plan intended to identify the proposed types and placement of light fixtures, as well as an analysis of the intensity of site illumination as measured in footcandles. Submitted in conjunction with a Zoning Permit application or other application required by this Ordinance.
ILLUMINATION, EXTERNALIllumination produced from electricity, gas, reflection, or other means, and that is projected or shown from a source of the light external to a sign structure and onto the sign structure.
ILLUMINATION, INTERNALIllumination produced from electricity, gas, reflection, or other means, and that emanates from within or internal to a sign structure. For the purposes of this Ordinance, neon illumination shall be considered to be internal illumination.
IMPERVIOUS LOT COVERAGEThe area of a site covered by buildings or roofed areas, paved or gravel parking lots, sidewalks, driveways, or any other feature that prevents the infiltration of stormwater into the ground.
INDEPENDENT LIVING UNITA living arrangement within a continuing care retirement community in which residents live independently while having access to all common facilities and services of the community, but without the inclusive supportive services typically associated with assisted living or nursing or skilled units.
INSTITUTIONAL USESOrganizations that provide a public or semi-public service or that address a public or semi-public purpose. Includes schools, colleges, libraries, churches, hospitals, governmental offices, and charitable and philanthropic organizations.
LAND DEVELOPMENTAny of the following activities.
(1) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
(3) Development in accordance with § 503(1.1) of the Pennsylvania Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10503(1.1).
LANDSCAPE PLANA plan prepared to demonstrate the additions of trees, plants, and other natural and decorative features to the land, as may be required by this Ordinance.
LIGHT MANUFACTURINGA 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.
LIGHT POLEThe pole or post to which a light fixture is installed.
LIQUOR STOREA store established in accordance with the provision of the Pennsylvania Liquor Code (P.L. 90, No. 21, as reenacted and amended) and intended for the sale of liquor and alcohol. Also known as State Stores, State Liquor Stores, and Pennsylvania Liquor Stores.
LIVING AREAThe total floor area within a dwelling unit devoted to occupiable space. In calculating the living area for a dwelling unit, the floor area devoted to closets or other storage areas, internal or external stairwells, and utility rooms shall not be included in the calculations.
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.
LOT AREAThe area contained within the property lines of a lot, excluding any street right-of-way or driveway easement providing access to an adjoining property.
LOT WIDTHThe horizontal distance between the side property lines of a lot measured along a straight line parallel to the front property line at the minimum required building setback line.
LOT, CORNERA lot abutting on, and at the intersection of, two or more streets. Front building setback line requirements shall be applied along all property lines abutting streets, and side setback lines shall be applied along all other property lines.
LOT, DEPTHThe distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. In the case of a corner lot, the lot depth shall be measured from the front lot line along the street to which the lot is addressed.
MAJOR DECIDUOUS TREEA deciduous tree with a mature height exceeding twenty-five (25) feet and a minimum caliper, measured three (3) feet above ground level, of at least two (2) inches.
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in Pennsylvania Act 16 of 2016.
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana.
MEDICAL MARIJUANA GROWER PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.
MINOR DECIDUOUS TREEA deciduous tree with a mature height of between ten (10) feet and twenty-five (25) feet and a minimum caliper, measured three (3) feet above ground level, of between one (1) and two (2) inches.
MIXED-USE BUILDINGA principal building that includes, or is proposed to include, two (2) or more different uses.
MOBILEHOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designated 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.
MOBILEHOME PARKA parcel or contiguous parcels of land which has been so designated that it contains two or more mobile home lots for the placement thereon of mobilehomes.
MOLDINGA continuous decorative band that is either carved into or applied to a surface.
MOTELA building or group of buildings, whether detached or in connected units, containing individual sleeping units or rooms and used primarily for transient automobile travelers, together with off-street parking facilities, and where access to individual units is from the exterior of the building.
MOTOR VEHICLEAny self-propelled land vehicle, including, but not limited to, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies, all-terrain vehicles, and other off-road vehicles, which can be used for towing or transporting people or materials.
MUNICIPAL USESUses provided by and conducted by the Borough of Fairfield and its agencies and/or authorities. Includes offices, public parks, utility infrastructure such as sewer and water systems, police stations, and comparable borough uses and services.
NO-IMPACT HOME-BASED BUSINESSA 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, nor pickup, delivery, or removal functions to or from the premises in excess of those normally associated with residential use.
NONCONFORMING BUILDINGA building, or part thereof, manifestly not designed to comply with the applicable use provisions of this Ordinance or amendment hereto or hereafter enacted, where such building lawfully existed prior to the enactment of this Ordinance.
NONCONFORMING STRUCTUREA structure, or part of a structure, manifestly not designed to comply with the applicable use or extent of use provision in this Ordinance or amendment hereto or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provision of this Ordinance or amendment heretofore or hereafter enacted, where such was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NURSING OR SKILLED UNITA living arrangement within a continuing care retirement community which is licensed by the Commonwealth of Pennsylvania and provides board, shelter, and twenty-four (24) hour nursing and medical care to a single chronic or convalescent patient.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Article
X of this Ordinance.
OUTDOOR WOOD-FIRED BOILERA fuel burning device that is:
(1) Designed to burn wood or other solid fuels.
(2) 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.
(3) 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 woodburning appliances, outdoor hydronic heaters, water stoves, or similar terms. |
PARKING LOTAny lot, municipally or privately owned for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles.
PARKING SPACEThe space within a building or 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.
PERSONAny person, firm, partnership, association, corporation, or other legal entity of whatever kind.
PERSONAL SERVICE BUSINESSA 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.
PET HOUSEA temporary or permanent structure used to house domestic animals.
PILASTERA usually non-structural column partially embedded in a wall.
PLANNING COMMISSIONThe Planning Commission of the Borough of Fairfield, Adams County, Pennsylvania.
PLANTING UNITA unit of measure to determine the quantity of plantings required in a development project. For the purposes of this Ordinance, one planting unit equals one major deciduous tree, two minor deciduous trees, two evergreen trees, or five shrubs.
PRINCIPAL BUILDINGA building in which the primary use of the lot on which the building is located is conducted.
PRINCIPAL USEThe main use of land, buildings, or structures as distinguished from an accessory use.
PRIVATEAny procedure, activity, or use limited to members of an organization or to persons specifically invited where no advertisement or inducement has been made to the general public.
PROFESSIONAL OFFICEThe office of a member of a recognized profession, such as an accountant, architect, author, dentist, engineer, insurance agent, landscape architect, lawyer, minister or similar religious leader, optometrist, planner, physician, realtor, or similar professions.
PUBLICAny procedure, activity, or use in which the general public is or may be involved.
PUBLIC NOTICENotice published once each week for two (2) successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.
QUOINUnits of stone or brick used to accentuate the corners of buildings.
RECREATIONAL VEHICLE (RV)A vehicle unit primarily designed for temporary living quarters for recreational, camping, or travel use, and which has its own motive power or is mounted on or drawn by another vehicle.
REPAIRA function involved in the correcting of deficiencies affecting the performance ability of products or goods.
RETAIL STOREA business that deals in the sale of general goods individually or in small quantities to customers.
RETAIL, GENERALA retail store that carries an assortment of merchandise involving more than one type or line of merchandise.
RIGHT-OF-WAYGenerally, a strip of land acquired by reservation, dedication, forced dedication prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses to allow the right of one to pass over the property of another. With regard to small wireless facilities specifically, the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a Federal interstate highway.
RV HOSTINGThe placement of a recreational vehicle on a driveway or similar surface associated with the principal use of a property, where such space is provided by the property owner to guests as temporary lodging for compensation.
SEMI-CUTOFFA light fixture designed in such a manner that no more than five percent (5%) of the light source's intensity is projected above the horizontal plane through the light fixture's lowest light-emitting part.
SERVICE STATIONAn establishment that primarily provides vehicle maintenance and repair services, and which may include fuel sales and other goods associated with vehicle service.
SETBACK LINEA 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 structure, including any building, may be erected under the various land requirements of this Ordinance.
SHOPPING CENTERA grouping of two 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.
SHORT-TERM RENTALA dwelling unit, or portion thereof, that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for lodging for a period of less than thirty (30) consecutive days. Includes bed and breakfast, homestay, and vacation rental. Does not include RV hosting or tent hosting.
SHRUBA low, multi-stemmed woody plant with a nature height of between eighteen (18) inches and ten (10) feet.
SIGNAny device, fixture, placard, or structure that uses any color, form, graphic, illustration, symbol, or writing to advertise, announce the purpose of, or to communicate information of any kind to the public.
SIGN, ACCESSORYA sign on the same lot with a principal sign, customarily incidental to the principal sign. Includes signs indicating association with national or regional chains, affiliations, or product lines, as well as decorative flags, direction signs, sandwich board signs, and window signs.
SIGN, BILLBOARDA sign installed on a property by an entity other than the property owner, renter, or other occupant, and where the installing entity leases or rents said sign to another entity other than the property owner, renter, or other occupant.
SIGN, DIRECTIONALA sign located in a manner that provides wayfinding assistance for a use not readily visible.
SIGN, ELECTRONIC MESSAGE CENTERAny sign or portion of a sign that uses changing illumination to form a message wherein the message and the rate of change of such message is electronically programmed and can be modified by electronic processes.
SIGN, FREESTANDINGAny 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.
SIGN, MONUMENTA freestanding sign affixed to the ground by a base that extends, at a minimum, the full width of the sign face.
SIGN, OFF-PREMISES DIRECTIONALA sign, not including billboard signs as defined herein, located in a manner that provides wayfinding assistance for a use not readily visible and not located on the lot where the sign is erected.
SIGN, PROJECTINGAny sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.
SIGN, ROOFAny sign place above the roof line of a building.
SIGN, SANDWICH BOARDA 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.
SIGN, TEMPORARYA sign intended to be displayed for a defined limited period of time.
SIGN, WALLAny sign attached parallel to, but within six (6) inches of, a wall or 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 (1) sign surface. Such signs shall not include roof signs as defined herein.
SIGN, WINDOWA sign, exposed to public view, and placed or affixed to the window glass (either interior or exterior) or placed inside the window within one (1) foot of the window glass.
SMALL WIRELESS FACILITYThe equipment and network components, including antennas, transmitters, and receivers, used by a wireless provider, and that meet the following qualifications.
(1) Each antenna associated with the deployment is no more than three (3) cubic feet in volume.
(2) The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted is cumulatively no more than twenty-eight (28) cubic feet. Any equipment used solely for concealment shall not be included in the calculation of equipment volume.
SOLAR ACCESSThe view of the sun 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 between the hours of 9:00 AM and 3:00 PM any day of the year.
SOLAR ENERGY PRODUCTION FACILITYA principal use of property, comprised of a system of solar panels, related equipment, substations, and transmission lines, and designed and intended to capture solar energy, convert it to electricity, and convey such electricity to the electricity grid for off-site use.
SOLAR PANELA structure containing one or more receptive cells and the appurtenant system necessary to convert solar energy into usable electrical energy.
SPECIAL EVENTThe assembly of people for the purpose of business, public amusement, convention, congregation, meeting, caucus or entertainment which is reasonably anticipated to comprise one hundred (100) or more participants for a period of two (2) hours or more, whether or not any admission fee or other charge is imposed, at a location which is not normally equipped to host such an assembly. Excluded from the definition are events such as wedding receptions, company conventions, funerals or other assemblies which are scheduled to take place in structures built and used for such events in the normal course of business (examples of such structures include, but are not limited to, hotels/restaurants, municipal buildings, fire halls, funeral homes, churches and ballrooms).
SPECIAL EXCEPTIONA use permitted in a particular Zoning District pursuant to the provisions of Article
XVI of this Ordinance.
STEALTH TECHNOLOGYMethods applied to wireless communications facilities which render them more visually appealing or blend the facilities into the existing structure or visual backdrop in a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble telephone, electric, and street light poles.
STORYThat portion of a building, other than the basement (as defined), including between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STRING OF LIGHTSA form of external illumination involving either a series of lights enclosed in a tube of no more than one-half (1/2) inch in diameter (also known as rope lights or ribbon lights) or a series of exposed light bulbs with maximum light bulb dimension not to exceed 0.875 inches in height. Exposed light bulbs shall be industry classified as mini incandescent, M5, polka dot, or M6 lights, shall be white in color, and shall have either clear or frosted bulbs.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STUDIOA use devoted primarily for the creation of art, music, photography, radio, television, multi-media, and similar activities or products.
SUBDIVISIONThe division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution of heirs or devises, transfer of ownership, or building or lot development.
SWIMMING POOLAny permanent or temporary structure which is constructed, used, or maintained to provide recreational facilities for swimming, bathing, or wading, and including all buildings, equipment, and appurtenances thereto.
TENT HOSTINGThe placement of a tent or comparable temporary structure on the yard of a property, where such space is provided by the property owner to guests as temporary lodging for compensation.
TERMINAL ISLANDA landscaped area constructed at the end of a row, or adjoining rows, or parking spaces within a parking lot.
TOWNHOUSEA series of three (3) or more single-family dwelling units attached by one (1) or more vertical common walls. This definition shall be interpreted to include a variety of dwelling unit configurations including, but not limited to, rowhouses and quadplexes.
TOWNHOUSE COMMUNITYA residential development containing a group of townhouses developed on a single parcel of land and sharing common parking, recreation, and landscaping areas.
TRAILERAny wheeled device designed to be pulled by a motor vehicle and used as a means of carrying, hauling, or conveying any vehicle, person, animal, boat, or other object.
TWINSee "dwelling, single-family semi-detached."
USEAny purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.
UTILITY BUILDINGA temporary or permanent structure used primarily for storage or personal workshop and which shall not be used for storage of automobiles or other large motorized vehicles.
UTILITY POLEA pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting traffic control, signage, or a similar function, or for col-location. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devised are attached.
VACATION RENTALA short-term rental of a dwelling, where such dwelling is not concurrently being occupied by the owner, and where the dwelling, as a whole, is made available for lodging for one (1) party of guests for compensation.
VARIANCERelief granted to specific requirements of this Ordinance, pursuant to the provisions of Section XVI of this Ordinance.
VEHICLE SALESA business that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats, motorcycles, or similar motorized transportation vehicles, and which may provide for repair and services of such vehicles.
WALL MOUNTA light fixture placed on an exterior building wall and intended to illuminate the wall of the building and immediate surroundings.
WHEEL GUARDA formed concrete block, shaped in the form of a street curb, permanently affixed to the parking lot surface and placed to prevent the movement of vehicles beyond the delineated parking space area.
WINDOW LINTELEither a structural or decorative horizontal beam over a window opening in a wall.
WINDOW SILLEither a structural or decorative horizontal beam at the base of a window opening in a wall.
WIRELESS COMMUNICATIONS ANTENNATelecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunication services.
WIRELESS COMMUNICATIONS FACILITYIncludes the following:
(1) Equipment at a fixed location that enables wireless service between user equipment and a communications network, including any of the following:
(a) Equipment associated with wireless services.
(b) Radio transceivers, antennas, coaxial or fiber optic cables, regular and backup power supplies or comparable equipment, regardless of technological configuration.
(2) The term includes a small wireless facility.
(3) The term does not include any of the following:
(a) The structure or improvements on, under, or within which the equipment is co-located.
(b) The coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a particular antenna.
WIRELESS COMMUNICATIONS TOWERA structure, other than a building, but including monopole towers, self-supporting towers, or guyed towers, that comprises an element of a wireless communication facility and that is designed to be used to support wireless communications antennas.
YARDA space open to the sky, unoccupied by any building, structure or merchandise for display or sale, and located on the same lot with a building or structure.
YARD, FRONTA yard on the same lot with a principal building, extending the full width of the lot and situated between the street right-of-way line and the front of the principal building.
YARD, REARA yard on the same lot with a principal building, extending the full width of the lot and situated between the rear lot line (or, in the case of a lot that adjoins an alley, the right-of-way of said alley) and the rear of the principal building.
YARD, SIDEA yard on the same lot with a principal building, extending from the front yard to the rear yard and situated between the side lot line and the side of the principal building.
ZONING OFFICERThe municipal official duly appointed by the Borough Council of the Borough of Fairfield to administer and enforce this Ordinance.
ZONING PERMITA permit required by this Ordinance to ensure compliance with the applicable Sections of this Ordinance.