[Amended 9-12-1994 by Ord. No. 94-5]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article. The present tense includes the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof"; the word "occupy" includes the words "designed or intended to be occupied"; the word "use" includes the words "arranged," "designed" or "intended to be used" and the word "shall" is always intended to be mandatory when capable of such interpretation.
ACCESSORY BUILDINGA building subordinate to the principal building on the lot and used for purposes customarily incidental to those of the principal building.
ACCESSORY USEA use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto. See §
415-114 for uses included in this definition as accessory to residential use.
ADULT USEIncludes the following:
[Added 5-8-2000 by Ord. No. 00-3]
A. ADULT BOOK STORESAn establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, files for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with segment or section devoted to the sale or display of such material.
B. ADULT MOTION PICTURE THEATERAn enclosed building used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
C. ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages, which feature topless dancers, strippers, male or female impersonators, or similar entertainers.
D. MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, or vibrating, stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such item.
E. OTHER ADULT USESAny business, activity, or use similar to or of the same general nature as the uses listed above. This section shall include, but shall not be limited to, rap centers, nude wrestling studios, sensitivity centers, and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
F. (1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
G. (1) Less than completely or opaquely covered:
(a) Human genitals, pubic region;
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
AGRICULTUREThe cultivating of the soil, and the raising and harvesting of the products of the soil, including, but not by way of limitation, nursery, horticulture and forestry and animal husbandry.
AUTOMOTIVE REPAIR, MAJORGeneral repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding, and major painting services. Major automotive repair includes all activities and standards contained within the definition of minor automotive repair.
[Added 6-29-2009 by Ord. No. 2009-05]
AUTOMOTIVE REPAIR, MINORThe replacement of any part or repair of any part including removal of the engine head or pan, engine, transmission or differential; incidental body, fender or muffler work, touch-up painting and upholstering service, oil change and lubrication, tire service and sales, installation of radios, alarms, stereo equipment or cellular telephones, windshield repair and tinting.
[Added 6-29-2009 by Ord. No. 2009-05]
BOARDAny body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
BUILDINGAny structure having enclosing walls and roof, permanently located on the land.
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five feet, one story open porches projecting not more than 10 feet, carport open on three sides, and not more than 14 feet high and 20 feet in length, steps and balconies.
BUILDING LINEThe line which establishes the minimum depth of front yard for the particular district as measured from the street line.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is situated.
COMMON LIVING ARRANGEMENTWhen authorized by special exception and as regulated in Article
XVIII, §
415-137, no more than six unrelated individuals, including temporary or permanent advisory, supervisory or caregiving personnel, living together as a single, nonprofit and nontransient housekeeping unit, where at least three of the individuals require special care or supervision for a mental or physical handicap, and further provided that no treatment is performed on the premises; but not including uses which meet the definition of boardinghouse, dormitory, motel or hotel, or treatment center. This definition shall not include housing persons released from or under the jurisdiction of a government Bureau of Corrections or similar institution.
[Added 3-11-2004 by Ord. No. 2004-05]
COMPREHENSIVE PLANMaps, charts, description matter officially adopted by the Borough Planning Commission or Borough Council showing among other things recommendations for the most appropriate use of land; for the most desirable density of population; for a system of thoroughfares, parkways and streets; for parks and recreation areas; for the general location and extent of facilities for water, sewer, light and power; for the general location, character and extent of community facilities.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions in Article
XVI, General Provisions, §
415-125, Procedure for conditional use applications.
[Added 3-11-2004 by Ord. No. 2004-04]
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Borough lies.
DEMOLITION BY NEGLECTThe deliberate disregard of routine maintenance causing weakness, decay, and deterioration of a Protected Historical Resource for purposes of avoiding the provisions of this ordinance. Also the intentional act of disregarding security of an historic resource resulting in degradation by criminal activity for purposes of avoiding the provisions of this chapter.
[Added 3-11-2004 by Ord. No. 2004-03]
DEMOLITION, ACTIVEThe complete dismantling, removal or destruction of a Protected Historic Resource.
[Added 3-11-2004 by Ord. No. 2004-03]
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
B. The Zoning Hearing Board; or
C. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
DWELLINGA building designed for and occupied exclusively for residential purposes, excluding hotel, rooming house, tourist home, institutional home, residential club, motor court and the like.
[Amended 3-11-2004 by Ord. No. 2004-05]
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family.
FAMILY[Amended 3-11-2004 by Ord. No. 2004-05]A. Any number of persons related by blood, marriage or adoption, living and cooking together as a single, nonprofit and nontransient housekeeping unit, including any number of foster children under the care of the same. A roomer, boarder or lodger shall not be considered a member of a family; or
B. When authorized by special exception, a common living arrangement as defined in this chapter; or
C. Two unrelated persons and their children when a functional family equivalent.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any land development.
[Added 3-11-2004 by Ord. No. 2004-04]
FRONT YARDA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot. In the case of a lot which fronts on more than one street, the yard extending along each street shall be a front yard.
[Amended 3-11-2004 by Ord. No. 2004-05]
GARAGEA. GARAGE, PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than two commercial vehicles or trucks may be stored in a private garage.
B. GARAGE, PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
C. GARAGE, STORAGEA building not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
GARDEN APARTMENTSA group of buildings not more than 2 1/2 stories in height, each building to contain not more than 12 dwelling units, with a minimum distance between buildings of 20 feet and with no building having a frontage of more than 150 feet between side yards.
GASOLINE SERVICE STATIONAny area of land, including structures thereon, or any building or part thereof, that is used for the sale of gasoline or other motor vehicles, fuel or accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles but which shall not include painting or body and fender repairs.
HEIGHT OF BUILDINGA building's vertical measurement from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof.
HOME OCCUPATIONAn occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling and excluding any activity involving the repair, production, assembly, manufacture, storage or delivery of goods or materials. Furthermore, no article may be sold or offered for sale on the premises, nor may any goods be publicly displayed on the premises. The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital, restaurant or any similar use shall not be deemed to be a home occupation.
[Amended 3-11-2004 by Ord. No. 2004-05]
HOTELA building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons.
INDUSTRYStorage, repair, manufacture, preparation or treatment of any article, substance or commodity.
JUNKYARDA lot, land or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
LOADING SPACEA space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
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 total horizontal area of the lot lying within the lot lines; provided, that no area of land lying within any street line shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the street line only.
LOT LINEA property boundary line of any lot held in single or joint ownership, except that in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be same as the street line, and shall not be the center line of the street, or any other line within the street line even though such may be the property boundary line.
MANUFACTURINGThe activity that is involved with the processing of a raw material to a finished state or any separate and integral stage of such process.
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.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTOR COURT or MOTELA building and/or a group of two or more detached or semidetached buildings containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.
MULTIPLE DWELLINGA building not a single-family dwelling nor a two-family dwelling designed for and occupied exclusively for dwelling purposes by three or more families living independently of one another, not a rowhouse, but customarily called an apartment house.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
NO-IMPACT HOME-BASED BUSINESSESA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
[Added 3-11-2004 by Ord. No. 2004-04]
NONCONFORMINGA building or other structure, use or lot, which by reason of design, size or use, does not conform with the requirements of the district or districts in which it is located.
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 reason of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore 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.
[Added 3-11-2004 by Ord. No. 2004-04]
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
PARKING SPACEA reasonable level space, available for the parking of one motor vehicle, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passage ways, or other means of circulation or access.
PARKING SPACE, ALL WEATHERA parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.
PERFORMANCE STANDARDSMeasures and standards by which the suitability of a proposed use can be measured by the extent of its external effect.
PERMANENT DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family for year-round use.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting, held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Borough. 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 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITIES FACILITIESA building or structure and its equipment, used for the transmission and exchange of telephone, radio telephone, gas, power, sewer and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks or repair facilities, or housing of repair crews.
REAR YARDA yard extending the full width of the lot along the rear lot lines and extending in depth from the rear lot line to the nearest point of any structure on the lot.
REGIONAL COMPREHENSIVE PLANA land use and growth management plan prepared by the Regional Planning Commission and adopted by the Regional Planning Commission which establishes broad goals and criteria for municipalities to use in preparation of their Comprehensive Plans and land use regulation.
[Added 3-11-2004 by Ord. No. 2004-04]
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
ROOMING HOUSEA dwelling, not a single-family or two-family dwelling, apartment house or hotel, providing lodging, with or without meals, and having lodging accommodations for less than 10 guests. (See also "tourist home".)
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
SIGNAny permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or which is designed to attract the eye or bring the subject thereof to the attention of the public or to display, identify and publicize the name and product or service of any person. These do not include architectural details; provided, that the same do not include lettering, wording, designs or symbols.
[Amended 6-29-2009 by Ord. No. 2009-03]
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET LINE or SETBACKThe dividing line between a lot and the outside boundary or ultimate right-of-way line of a public street, road or highway legally opened or officially plotted or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STRUCTURAL ALTERATIONAny change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders or any change which would convert an existing building into a different structure or adapt it to different use, or which in the case of a nonconforming use, would prolong the life of such use.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land.
TOURIST HOMEA dwelling in which sleeping accommodations for less than 10 persons are provided for compensation.
TWO-FAMILY DWELLINGA building designed for and occupied exclusively as a dwelling for two families.
ULTIMATE RIGHT-OF-WAYThe future or planned width of highway in the public domain as shown on the official ultimate right-of-way map on file at the office of the Borough Secretary.
VARIANCERelief granted pursuant to the provisions of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
WHOLESALE BUSINESSEstablishments or places of business engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional users; or to other wholesalers; or acting as agents in buying merchandise for or selling merchandise to such persons or companies.
YARDAn open, unoccupied space in the same lot with a building or other structure or use, open and unobstructed from the ground to the sky, except for public utility lines or facilities.