Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSORY BUILDINGA building subordinate to the main building and used for purposes customarily incidental to those of the main building.
ADULT ARCADEAny place to which the public is permitted or invited whereon coin-operated, slug-operated or for any form of consideration or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
[Added 9-8-1999 by Ord. No. 516]
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE[Added 9-8-1999 by Ord. No. 516]A commercial establishment which, as one of its substantial business activities, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM discs or other computer software or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET[Added 9-8-1999 by Ord. No. 516]A nightclub, bar, restaurant or other commercial establishment which regularly features:
A. Persons who appear in a state of nudity or seminudity.
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
C. Films, motion pictures, video cassettes, slides or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions or visual presentations of any kind are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
[Added 9-8-1999 by Ord. No. 516]
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
[Added 9-8-1999 by Ord. No. 516]
ALTERATIONAs applied to a building or structure, that change or rearrangement in the structural part or in the existing facilities or in the enlargement, whether by extending, as a side, or by increasing in height, or the moving from one location to another.
ALTERATIONAs applied to a building or structure, that change or rearrangement in the structural part or in the existing facilities or in the enlargement, whether by extending, as a side, or by increasing in height, or the moving from one location to another.
AREA, NET FLOOR (AS APPLIED TO OFF-STREET PARKING)The area used or intended for services to the public as customers, patrons, clients or tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise. Floor areas may be excluded which are used exclusively for storage, housing of mechanical equipment integral with the building, for maintenance facilities or for those areas so restricted that customers, patients, clients, salesmen and the general public are denied access.
BILLBOARDA sign used for the general advertising of goods, places or services offered elsewhere than on the premises upon which the sign is located.
BOROUGHAny reference to the borough contained herein shall refer specifically to Freedom Borough.
BUILDING HEIGHTThe height of the building from the average ground level, representing the midvalue between the highest and the lowest level of the lot, to the roof level. The roof level will measure up to the midpoint of a roof parapet or, in the case of a slant roof, up to the midpoint between the lowest point of the uppermost ceiling and the ridge of the roof.
BUILDING LINEAn imaginary line located at a fixed distance from the front line of the lot and interpreted as being the nearest point that a building may be constructed to the front lot line. The "building line" shall limit the location of porches, patios and similar construction, steps excepted, to the face of this line.
CLUSTER DEVELOPMENTA unique concept of residential development employing a more compact arrangement of dwelling units situated on land that has not been subdivided in the usual manner with structures situated on individual lots. The housing units, which may be either single-family detached dwellings, townhouses or garden apartments, are usually grouped around a common open space or green area which constitutes a major characteristic of "cluster development."
COMMERCIAL USEEngaging in a business, enterprise, activity or other undertaking for a profit.
COMPREHENSIVE PLANThe comprehensive, long-range plan for the desirable use of land in Freedom Borough; the purpose of such plan being, among other things, to serve as a guide for the zoning and progressive rezoning of land to meet changing community needs, in the subdividing and use of undeveloped land and in the acquisition of land for such public purposes as streets, parks, schools and other public buildings.
CONVERSION APARTMENTThe remodeling of a single-family dwelling unit into two or more separate living units, each having a minimum of 500 square feet of habitable area, exclusive of basement and/or cellar dwellings, one bathroom and three habitable rooms, separate and private sanitary, cooking and dining facilities and a minimum of two off-street parking spaces per living unit.
COUNTYAny reference to the county contained herein shall refer specifically to Beaver County.
DWELLING, MULTIPLE-FAMILYA dwelling designed for or occupied exclusively as a residence for two or more families with separate housekeeping and cooking facilities for each family. It shall not include hotels, motels or other transient uses but may include sectional or modular structures.
DWELLING, SINGLE-FAMILYA building designed for or occupied exclusively as a permanent, immobile residence for one family only. It shall not include mobile homes or trailers but may include sectional or modular structures.
EFFECTIVE DATEThe date on which this chapter is duly adopted by the borough or as specified in an ordinance adopting the same.
EMPLOYEEA person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
[Added 9-8-1999 by Ord. No. 516]
ERECTEDIncludes built, constructed, reconstructed, moved upon or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the "erection."
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
[Added 9-8-1999 by Ord. No. 516]
ESCORT AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
[Added 9-8-1999 by Ord. No. 516]
ESSENTIAL SERVICEThe erection, construction, alteration or maintenance by public utilities, municipal departments or commissions of facilities, including buildings necessary for the furnishing of adequate services for the public health, safety or general welfare.
ESTABLISHMENT[Added 9-8-1999 by Ord. No. 516] -- Includes any of the following:A. The opening or commencement of any sexually oriented business as a new business.
B. The conversion of an existing business, whether or not a sexually oriented business, or any sexually oriented business.
C. The addition of any sexually oriented business to any other existing sexually oriented business or to a nonsexually oriented business.
D. The relocation of any sexually oriented business.
EXCEPTION, SPECIALThe permission or approval by the Zoning Hearing Board to locate a use under specific provisions and terms of this chapter, and where such a use will not prove injurious to the public interest.
FAMILYAny number of individuals living and cooking together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse.
GROUP HOUSINGWhere two or more residential buildings are constructed on a plot of ground not subdivided into the customary lots and streets.
HOME OCCUPATIONAny use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof which is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital or any similar use shall not be deemed to be a "home occupation."
[Amended 4-13-1994 by Ord. No. 492]
HOTEL OR MOTELA building or a group of buildings having units containing sleeping accommodations which are available for a temporary, rental occupancy by transients routinely for periods shorter than seven consecutive days.
[Added 4-13-1994 by Ord. No. 492]
ILLUMINATED SIGNA sign which is illuminated by electrical, mechanical or other means as well as those using luminous paint or reflectorized glass to reflect light.
JUNKYARDThe use of 200 square feet or more of the area of any lot, whether inside or outside a building, for storage, keeping or abandonment of junk, including scrap metals, or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof.
KNOWINGLY[Added 9-8-1999 by Ord. No. 516]Having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry, or both, of:
A. The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person.
B. The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the licensee or person made a reasonable bona fide attempt to ascertain the true age of such minor.
LICENSEEA person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and, in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
[Added 9-8-1999 by Ord. No. 516]
LOADING SPACEThe area required to accommodate one truck in a space 12 feet wide, 15 feet high and 45 feet long, exclusive of access and turning area.
LOTThe parcel of land on which any main building and any accessory buildings are placed, together with the required open space.
LOT AREAThe horizontal area within the lot lines.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT WIDTHThe mean horizontal distance across the lot between the side lot lines measured at right angles to the depth.
MOBILE HOMEA 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.
[Amended 4-13-1994 by Ord. No. 492]
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
[Added 4-13-1994 by Ord. No. 492]
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment to this chapter heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.
[Added 4-13-1994 by Ord. No. 492]
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in a Zoning Ordinance or amendment heretofore or hereafter enacted, where such use 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.
[Amended 4-13-1994 by Ord. No. 492]
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
[Added 9-8-1999 by Ord. No. 516]
A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing.
B. Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
C. Where no more than one nude or seminude model is on the premises at any one time.
NUDITY OR A STATE OF NUDITYThe showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.
NURSING, CONVALESCENT HOME OR HOME FOR THE AGEDAny dwelling with sleeping rooms where persons are housed or ledged and furnished with meals and nursing care for hire, or a home operated by a nonprofit group and operated as an institution.
OCCUPANCY PERMITA statement signed by the Zoning Officer setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
PARKING SPACEThe area required for parking one automobile 10 by 20 feet excluding access or turning area.
PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.
[Added 9-8-1999 by Ord. No. 516]
PET, HOUSEHOLDA domesticated animal that is normally or can generally be kept within the immediate living quarters of a residential structure. Any member of the swine, sheep, poultry, bovine or equidae family of quadrupeds, or reptiles having a venomous or constrictor nature, does not constitute a "household pet" under any provision of this chapter.
PRINCIPAL USEThe major or dominant use or activity occurring on an individual lot.
PRIVATE GARAGEAn accessory building for the storage of motor vehicles or boats owned and used by the owner or tenant of the lot for a purpose accessory to the use of the lot and for not more than one additional motor vehicle owned and used by others.
PROFESSIONAL OFFICEAny office or business conducted by an individual or association who or that must be licensed under the laws of the Commonwealth of Pennsylvania.
PUBLIC GARAGEA building or structure where motor vehicles can be temporarily stored or parked for the payment of a small fee.
ROOMING HOUSEA building other than a hotel where lodging is offered by prearrangement for a definite period, for compensation, of three or more persons, not open to transient guests, in contradiction to hotels, motels or tourist homes open to transients.
SERVICE STATIONSAn area of land, including structures, used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances and the sale of motor vehicle accessories which may include associated facilities for automobile servicing excluding painting.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration
[Added 9-8-1999 by Ord. No. 516]:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
[Added 9-8-1999 by Ord. No. 516]
SIGNA structure that is arranged, intended, designed or used as an advertisement, announcement or direction, or a sign posted, painted or placed in some fashion on a building, structure or any surface for such a purpose.
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITYAny of the following offenses:
[Added 9-8-1999 by Ord. No. 516]
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
B. For which:
(1) Fewer than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(2) Fewer than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(3) Fewer than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
C. The fact that a conviction is being appealed shall have no affect on the disqualification of the applicant or an applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIESAny of the following
[Added 9-8-1999 by Ord. No. 516]
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse oral copulation, masturbation or sodomy; or
C. Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
[Amended 4-13-1994 by Ord. No. 492]
TOWNHOUSEA unique residential structure containing four or more attached dwelling units. Each dwelling unit has a recorded lot in addition to a vested interest in the common open space. The structure may be one or two stories in height.
TRAILER OR TRAVEL AND RELATED CAMPING AND RECREATIONAL EQUIPMENTThe various pieces of equipment shall be defined as follows:
A. A "travel trailer" is a vehicular, portable structure mounted on a chassis and designed for temporary (short-term) occupancy for travel, recreation and vacation purposes; permanently identified as a travel trailer by the manufacturer of the trailer; and, when factory equipped for the road, having a body width not exceeding eight feet and being any length, provided that its gross weight does not exceed 4,500 pounds or any weight, provided that its body length does not exceed 29 feet.
B. A "pickup coach" is a portable structure designed for use as a temporary dwelling for travel, recreation and camping uses when mounted on a truck chassis. The unique feature of this structure is the ease with which it can be mounted or dismounted from the truck chassis.
C. A "motorized home" is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle which is usually used for camping or vacation purposes.
D. A "boat trailer" is a trailer designed to haul a boat.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESSIncludes any of the following:
A. The sale, lease or sublease of the business.
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
C. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
UTILITYWithin the framework of this chapter, utilities shall include public water or public sanitary sewer facilities only.
VARIANCEThe legal permission by the Zoning Hearing Board to use a parcel of property for a permitted use in the particular zone, but to do so with some modification in the development standards for that zone. A "variance" applies only to that particular piece of property for which it is granted and only to the modification of the land development standards. It does not apply to the modification of the permitted uses within the zone.
VIEWING BOOTHSBooths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas, or persons who appear in a state of nudity or seminudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities.
[Added 9-8-1999 by Ord. No. 516]
YARDA required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein.
YARD, FRONTThe open space extending across the entire width of the lot between the front line of the building and the street line.
YARD, REARThe required open space extending from the rear of the main building along the rear lot line (not necessarily a street line) throughout the entire width of the lot.
YARD, SIDEThe required open space extending from the side of any building along the side lot line through the entire depth of the building.
ZONEA legal and administrative process whereby a municipality divides its territory into districts and applies to each district a number of regulations to control the use of land, the height and bulk of buildings and the area of ground built upon.
ZONING HEARING BOARDThe Board assigned the duties of judging various appeals of persons aggrieved by the interpretation of the terms of this chapter.
ZONING OFFICERAn individual authorized by Borough Council to be the administrator of the day-to-day application of the provisions contained in this chapter.
ZONING PERMITA statement signed by the Zoning Officer indicating that the application for permission to construct, alter or add is approved and in accordance with the requirements of the terms of this chapter.