An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, such primary use.

Adult uses are further defined below:

The tilling of the soil, raising of crops, farm animals, livestock, horticulture, gardening, beekeeping and aquaculture.

Any public way or thoroughfare less than 16 feet (4,877 mm) in width, which has been dedicated to the public for public vehicular use; a way which affords only a secondary means of access to an abutting property.

Any change, addition, location or modification in construction, occupancy or use.

An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.

A place where dogs or cats or other house pets are housed temporarily for a fee.

A place where stray, lost, abandoned or surrendered animals, mostly dogs and cats, and sometimes sick or wounded wildlife are housed and cared for.

A building designed or used for three or more dwelling units.

The two-dimensional measurement of space between known lines or boundaries.

That part of a building which is immediately below and within the roof framing.

An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building.

An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups, transmission work and car detailing, which is conducted within a completely enclosed building.

The sale, lease and/or rental of motor vehicles, together with related services of major automotive repair and/or minor automotive repair.

That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by persons other than a service station attendant. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic car wash.

That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service and food sales.

Any floor level below the first story in a building and with more than 50% of the wall height below the finished grade, except that a floor level in a building having only one floor level with more than 50% of the wall height below the finished grade shall be classified as a basement. A basement shall not be considered as a story in determining the permissible number of stories.

A single-family, owner-occupied dwelling, where between one and seven sleeping accommodations are rented to overnight guests on a daily basis for periods not exceeding two weeks. Breakfast may be offered only to registered overnight guests.

See the definition of "billboard" under the definition of "sign" below.

The Hamburg Zoning Hearing Board.

An individual, other than a member of a family owning or occupying a dwelling unit or a lodging facility, who, for compensation, is furnished sleeping accommodations within such dwelling unit or lodging facility and may be furnished meals or other services as part of the compensation.

A dwelling containing a single dwelling unit and not more than 10 guest rooms or suites of rooms, where lodging is provided, with or without meals, for compensation for more than two weeks.

The Borough of Hamburg, Berks County, Pennsylvania.

A restaurant that sells 25% or more of its beer on site. The beer is brewed primarily for sale in the restaurant and bar. Sales off site are less than 75% of production.

Any structure used or intended for supporting or sheltering any use or occupancy.

The International Building Code promulgated by the International Code Council, or state construction code as adopted by the Borough of Hamburg.

The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

The actual line of the closest part of a building to an adjacent street right-of-way line. The building setback line shall include sun parlors, covered porches, whether enclosed or unenclosed, any roof overhangs, but does not include steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.

A building in which the principal use of the site is conducted.

A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

An establishment intended for the conduct of service or administration by a commercial enterprise, or offices for the conduct of professional or business service.

A roofed structure constructed of fabric or other material supported by the building or by supports extending to the ground directly under the canopy placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings.

See "basement."

Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums and mortuaries, when operated in conjunction with the cemetery and within the boundaries thereof.

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, cemeteries, parsonages and church-related educational and/or day-care facilities.

A statement based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign, and or land complies with adopted zoning and building codes and may be lawfully employed for specific uses and occupancy, issued prior to the legal occupancy of the building or space.

Concentrating residential dwellings instead of spreading dwellings uniformly over a tract to result in decreased land development and community maintenance costs and providing common open space for tract residents and preserving natural amenities of the site.

A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise and may include a variety store, discount store or supermarket.

A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.

A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sale of convenience goods and services, with a supermarket as the principal tenant.

A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.

An establishment or business that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.

An establishment or business that generally has retail or wholesale sales, office uses or services, which do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.

Establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in the sale of either general merchandise or convenience goods.

A parcel of land or water or combination of both located within a development site and designed and intended for the use and enjoyment of residents of a planned development, not including streets, off-street parking areas and areas set aside for public facilities.

The declaration of purposes, policies and programs for the development of the jurisdiction as contained in the Joint Comprehensive Plan for Northern Berks County adopted May 2003, as amended. This Joint Plan includes Hamburg and Strausstown Boroughs as well as Tilden, Upper Bern, Upper Tulpehocken and Windsor Townships.

A use which may not be appropriate to a particular zoning district as a whole but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such use have been complied with. Conditional uses are acted upon by the Borough Council after recommendations by the Planning Commission, in accordance with the requirements of this chapter.

A single dwelling unit in a multi-unit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.

Any building or portion thereof that contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.

A plan including map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

A business which specializes in the retail sales and/or rental of household products and foods. Convenience stores may also include related services, provided that each use has obtained the necessary respective approvals, and it operates as an accessory use to the convenience store.

A publicly or privately operated facility for the housing of persons being detained by any government agency or awaiting trial or serving a sentence after being found guilty of violating a criminal law and being within the jurisdiction of a federal, state or local probation, parole or corrections agency and/or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency. This definition shall include, but not be limited to, jails, prisons, juvenile detention centers, work release centers, prerelease centers, immigration detention housing/centers and treatment centers. This definition shall not be deemed to include a temporary holding facility that is accessory to a police station, a rehabilitation center or a group care facility.

A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

When used in the context of this chapter, shall refer to a calendar day.

A final 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 may be appealed to the Court of Common Pleas of Berks County and judicial district wherein the Borough lies.

The number of dwelling units that are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following: the Borough Council of Hamburg; the Hamburg Zoning Hearing Board; and 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 ordinance. Determinations may be appealed only to the boards designated as having jurisdiction for such appeal.

A park for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. These parks have varying features, although they typically offer a four-foot to six-foot fence, separate double-gated entry and exit points, adequate drainage, benches for humans, shade for hot days, parking close to the site, water, tools to pick up and dispose of animal waste in covered trash cans, and regular (daily) maintenance and cleaning of the grounds. Dog parks may also offer wheelchair access, a pond for swimming and a separate enclosure for small dogs.

A private access road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.

Portions of Hamburg Borough within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.

A building on a permanent foundation arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include a hotel, motel, rooming house or tourist house.

One or more rooms providing living and sanitary facilities for one family, including equipment for cooking or provisions for same.

That portion of land or property reserved for present or future use by person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for the use under, on or above said lot or lots.

A public road or turning roadway, including acceleration lanes, by which traffic may enter the main traveled way of a Borough highway, form the general road system, irrespective of whether traffic may also leave the main traveled way by the road or turning roadway.

The erection, construction, alteration or maintenance by public utilities or municipalities or other governmental agencies of underground or overhead gas, electric, steam, water or transmission or distribution systems, collection, communication, supply or disposal systems.

A public road or turning roadway including deceleration lanes, by which traffic may leave the main traveled way of a Borough highway to reach the general road system, irrespective of whether traffic may also enter the main traveled way by the road or turning roadway.

The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.

One or more persons occupying a dwelling and living as a single nonprofit housekeeping unit.

A structure designed to limit access to an area.

An area of land adjacent to the channel of a watercourse which has been, or is likely to be, flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one foot.

The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof.

The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

A limited access highway.

The width of a lot or parcel abutting a public right-of-way measured at the front property line.

A building or a portion of a building not more than 1,000 square feet (92.9 m2) in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. No business occupation or service is therein conducted.

An apartment where each dwelling unit has exposure to light and air on at least two walls of each dwelling unit with common entranceways serving not more than six dwelling units, where common entranceways are provided on the exterior of the building they shall be adequately shielded from the elements.

A structure or area used for the sale of gasoline or motor vehicle fuel, which may include facilities for lubricating, washing, sale of accessories and otherwise minor servicing, repair and inspection of motor vehicles, but not including body repair or painting thereof.

The Borough Council of Hamburg.

The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet (1,524 mm) from the building.

A facility that provides occupational therapy and other outpatient physical rehabilitative services to individuals.

Any dwelling, building, or portion thereof in which child or adult day-care services other than "babysitting" are provided, including any on-site outdoor play area, operated by an agency licensed by the Commonwealth of Pennsylvania and any other applicable regulatory agency. The child or adult shall not reside or stay overnight thereat. Child and adult day-care facilities shall be further differentiated by the following two classifications:

A family of two or three members inhabiting a dwelling unit, not necessarily related by blood, marriage, adoption, or legal guardianship, who, because of their physical, emotional or behavioral condition or because their social or interpersonal skills otherwise would limit, inhibit, or prevent their ability to function as useful or productive members of society, are provided supportive services through a Pennsylvania-licensed nonprofit social service agency. This shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home" shall not include alcoholism or drug treatment centers, rehabilitation centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. Those individuals who are considered dangerous to themselves or others shall not be housed in a group home.

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

Materials which have the potential to damage health or impair safety. Hazardous materials include, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials. Also included are floatable materials with the potential to cause physical damage, such as lots, storage tanks and large containers.

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air-pollution facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from municipal, commercial, industrial, mining or agricultural operations, and from community activities, or any combination of the above, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or pose a substantial present or potential hazard to human health and the environment.

Any structure, group of structures, aboveground or underground storage tanks, or any other area or building used for the purpose of permanently housing or temporarily holding hazardous waste, or for the storage of treatment of hazardous waste, for any time span, other than the normal transportation time through the Borough.

Any continuous vegetation that limits access to an area.

The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes. Home occupations shall be limited to no more than one nonfamily assistant; all parking shall be off-street, and two additional off-street parking spaces, in addition to those required of the residence units, shall be required; a home occupation shall not occupy more than 25% of the total floor area of the dwelling and shall not be carried on in an accessory building; there shall be no exterior display or exterior storage of goods on said premises; and home occupations shall conform to the general performance standards found in § 27-507.

An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.

Dogs, cats, rabbits, birds, etc., for family use only (noncommercial), with cages, pens, etc.

That portion of a lot covered by impervious surfaces. Impervious surfaces include any materials that prevent absorption of stormwater into the ground, such as macadam, buildings, graveled areas, etc.

A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to ensure a harmonious integration into the neighborhood.

An area or site established for the purpose of informing the public of places of interest within the Borough and providing other information that the Borough may consider desirable.

A junction of two or more highways by a system of separate levels that permits traffic to pass from one highway to another without the crossing of traffic streams.

A lot, land, structure or part thereof used for the buying, trading, collecting, dismantling, storage and/or sale of scrap metal, scrap, abandoned or junk motor vehicles, machinery, equipment or glass containers, but not including refuse or garbage kept in a proper container for the purpose of prompt disposal. This definition shall not be deemed to include scrap processing operations or automobile shredding establishments.

Any political subdivision that adopts this chapter for administrative regulations within its sphere of authority.

Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.

A place equipped for experimental study in a science or for testing and analysis.

Includes any of the following activities: the improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: 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; or 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; a subdivision of land.

The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements, such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features, retaining walls less than 36 inches above grade and contouring of the earth.

The political entity of the adopting jurisdiction.

A public highway to which owners or occupants of abutting property or the traveling public have no right of ingress or egress, from or across the highway, except as may be provided by the authorities responsible therefor.

Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.

A single parcel of land.

The area contained within the property lines, excluding space within all streets.

The maximum percentage of lot area which may be covered by buildings and structures.

A lot recorded in the office of the Recorder of Deeds of Berks County, Pennsylvania.

The horizontal distance measured between the street right-of-way line and the closest rear property. On a corner and through lot, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

The mean width measured at the building line between side lot lines and parallel to the front lot line, but in no case shall the street frontage be less than 1/2 of the required lot width in the particular district.

Apartments where each dwelling unit has exposure to light and air on at least one wall of each dwelling unit, with common entranceways and hallways. Where common entranceways and hallways are provided on the exterior of the building, they shall be adequately shielded from the elements.

The traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way.

All other types of manufacturing not included in the definitions of "light manufacturing" and "medium manufacturing."

A structure, transportable in one or more sections, which in the traveling mode is eight body feet (2,438 body mm) or more in width or 40 body feet (12,192 body mm) or more in length, or, when erected on site, is 320 square feet (30m²) or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the U.S. Department of Housing and Urban Development (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.

The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.

"Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, for medical purposes allowed pursuant to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016).[1]

A facility licensed by the State of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016), where usable marijuana and marijuana-infused products may be dispensed and/or sold at retail.

A facility licensed by the State of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016), for producing, planting, growing, harvesting, drying or processing of medical marijuana plants or any part thereof for medical purposes or to process medical marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers, for medical purposes allowed by Pennsylvania law.

An establishment that produces and sells a small amount of beer. To qualify as a microbrewery, the facility must produce less than 15,000 barrels per year. 75% of product is sold off site.

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for nonactive storage, and no processing, manufacturing, sales, research and development, testing, service and repair, or other nonstorage activities shall be permitted. No flammable liquids (oil, gasoline, methanol, etc.) or explosive materials shall be permitted to be stored in storage facilities designated as a mini-storage/warehouse.

An establishment in which the deceased are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.

See the definition of "manufactured home."

Any building or structure containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

A 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."

The Borough of Hamburg, Berks County.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, and which also involves no pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements: the business activity shall be compatible with the residential use of the property and surrounding residential use; the business shall employ no employees other than family members residing in the dwelling; there shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature; there shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights; the business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio or television reception, which is detectable in the neighborhood; the business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood; the business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area; and the business may not involve any illegal activity.

A lot whose width, area or other dimension did not conform to the regulations when this code became effective.

A building or structure or portion thereof legally existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.

A use that lawfully occupied a building or land at the time this code became effective which has been lawfully continued and which does not now conform with the use regulations.

Facilities designed for the housing, boarding, assisted living and dining associated with some level of nursing care.

Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities.

A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

An open hard-surfaced area, other than a street, used for the parking of automobiles.

A space within a building or private or public parking lot, measuring 10 feet by 20 feet, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

A structure projecting from the side or rear wall from the dwelling not more than 30 inches above ground level.

A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns or the agent of any of the aforesaid.

An establishment where living creatures are sold.

The Hamburg Borough Planning Commission.

A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.

Any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy of a single family dwelling and which is available only to the family and guests of the householder. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs and spas.

Any swimming pool other than a private swimming pool.

A three-sided roofed structure projecting from the building. A porch shall be located within the respective building setback lines for the lot. A porch may be screened or enclosed but may not be used as conditioned habitable space.

The property upon which an activity is conducted as determined by physical facts rather than property lines; it is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with the buildings or uses.

Parks, playgrounds, trails, paths and other recreational areas and other public areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and publicly owned or operated scenic and historic sites.

A formal meeting held pursuant to public notice by the Borough Council, Zoning Hearing Board or Planning Commission, intended to inform and obtain public comment to taking action in accordance with this Part.

A forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271.

Notice 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 be not less than seven days from the date of the hearing. Public notice for rezoning, special exceptions, conditional uses and/or variance requests shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property; these sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which local government responsibility is established.

Uses/facilities operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, library and swimming pool, public utility stations and government maintenance facilities.

Use or extension thereof which is operated, owned or maintained by a municipality or municipal authority or which is privately owned and requires a certificate of convenience approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.

A structure or facility used by a public utility agency to store, distribute, or generate electricity, gas, telecommunications and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.

Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Essentially a public use, although under private ownership or control.

A majority of the authorized members of a board or commission.

An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted, to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller-skating or ice-skating, billiards, pool, motion-picture theaters and related amusements.

An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.

A facility for the collection, separation and/or processing of metals, glass, plastic, paper and other used waste materials (excluding any hazardous materials), which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Annual beer production of more than 15,000 barrels per year. 75% of product is sold off site.

An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the state in which the project is to be constructed.

A facility, which is required to be licensed by the Commonwealth of Pennsylvania and all other applicable regulatory bodies, whose primary purpose is the rehabilitation of persons in need of drug and alcohol rehabilitation, addiction treatment, or assistance to emotionally and/or mentally disturbed persons.

A facility, which is required to be licensed by the Commonwealth of Pennsylvania and all other applicable regulatory bodies, whose primary purpose is the rehabilitation of prison parolees and juveniles under court-ordered treatment.

A facility, which is required to be licensed by the Commonwealth of Pennsylvania and all other applicable regulatory bodies, whose primary purpose is the rehabilitation of persons in need of physical therapy treatment in order to recover from an injury or surgical procedure.

A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

Interior or exterior remodeling of a structure, other than ordinary repair.

Any 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 rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, 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.

An establishment that sells prepared food for consumption. Restaurants shall be classified as follows:

A principal use in which supervised education or instruction is offered in one of the following categories:

The minimum required distance between the property line and the building line.

A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved land development plan.

An advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. Signs shall be further defined by the following:

A plan that outlines the use and development of any tract of land.

A retail sales or wholesale establishment primarily engaged or marketed as selling tobacco, tobacco products/accessories, and/or vaping products and accessories. Examples of vaping products and accessories referred to in this definition include, without limitation, e-cigarette or vape cartridges or refills, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes, and any other electronic nicotine delivery system (“ENDS”). ENDS shall be deemed noncombustible tobacco products. Tobacco products and accessories as referred to in this definition shall include, without limitation, any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, matches, lighters, grinders, hookahs, pipes, chewing tobacco, cigarette rolling machines or papers, ashtrays, pipe tools, pipe supplies and pipe accessories.

A 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 53 P.S. § 10901 et seq. Special exception uses are listed by zoning district and are to be decided by the Zoning Hearing Board in accordance with the requirements of § 27-803E of this chapter.

That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet (1,829 mm) above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet (3,658 mm) above grade, as defined herein, at any point, such usable or unused under-floor space shall be considered as a story.

Any thoroughfare or public way not less than 16 feet (4,877 mm) in width which has been dedicated; includes: alley, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence for the street in question.

A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

That which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner with permanent sides other than fabric and screen is subject to zoning requirements.

The 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 to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwellings, shall be exempted.

A self-storage container, typically aluminum or steel boxes, POD fully enclosed and delivered to site by a transport vehicle with a hydraulic lift and designed to be left for a limited period of time and to be picked up by the transport vehicle and moved to the transport companies warehouse or to the customer's destination for unloading.

A building used primarily for the presentation of live stage productions, performances or motion pictures.

The temporary storage of vehicles that have been towed, carried, hauled, or pushed from public or private property for impoundment in a public or private impound yard. This use does not include "automotive sales and service" or a vehicle recycling facility:

The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

A permit issued by the Zoning Officer certifying a use is in compliance with information reflected on the building permit and in this chapter.

The change within the classified use of a structure or premises.

A use that lawfully occupied a building or land at the time this chapter became effective, which has been lawfully continued and which does not now conform with the use regulations.

A deviation from the height, bulk, setback, parking or other dimensional requirements established by this chapter; relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Variance requests are heard before the Zoning Hearing Board in accordance with § 27-803D

The outside storage of, or use of property as a storage yard for, operative or inoperative automobiles or trucks; or junkyard, salvage yard, tow truck service, or wrecker service, which may include, but is not limited to:

A building or premises in which goods, merchandise or equipment are stored for eventual distribution.

An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this chapter.

Hamburg Borough's Zoning Map.

The agent or official designated by the Borough Council to administer and enforce this chapter.

Hamburg Borough's Zoning Ordinance 445, 2/4/1974, as amended by Ordinance 492, 4/2/1979; Ordinance 680, 12/28/1998; and by Ordinance 725 of 2004.[2]

A permit stating that the purpose for which land or a structure is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.