Notwithstanding any contrary definition which may be contained in Part
2 or elsewhere in this chapter, the following terms shall have the specific meanings indicated for the purpose of interpreting this Part governing the WDD:
ACCESSORY USE OR STRUCTUREAny use, object, or structure constructed or installed on, or above, or below the surface of a lot, which is located on the same lot as a principal use, object, or structure, and which is subordinate to or serves the principal use, object or structure, and is customarily incidental to the principal use, object or structure. Among other things, "accessory use" includes anything of a subordinate nature attached to or detached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles, poster panels, and billboards. Except as otherwise provided in this Part, an accessory use shall be a permitted use.
ADULT ENTERTAINMENT ESTABLISHMENTAny theater, magazine shop, bookstore or other establishment which at any time displays motion pictures, video tapes, books, magazines or other forms of live entertainment of a sexual nature or content, including, but not limited to, the display of any motion picture, video tape, book, magazine, dancing or any other form of live entertainment which is X-rated, has been judged to be pornographic or obscene, depicts any live or simulated sex act, or includes exposed male or female genitalia in an aroused state.
AMUSEMENT ARCADEA business or portion thereof having on its premises, for use by the public, four or more skill or amusement games, including pool tables, foosball tables, air hockey tables, video or electromechanical devices operated by inserting a coin or token, mechanical rides for children, and including any establishment licensed by the Pennsylvania Liquor Control Board for the public use of mechanical or electrical devices, machines, tables and apparatus of any kind for playing games of skill and amusement.
ART OR MUSIC STUDIOAn establishment or portion thereof, used for the education, display and creation of art, music and/or photography, and including incidental sales of such items.
ATMAny automatic teller machine (as used in the finance industry).
AUTO PARTS STOREAny retail business including buildings and premises where motor vehicle parts or accessories may be sold, supplied and/or dispensed at retail, and where, in addition, the following services may be rendered and sales made:
A. Engine oil and lubrication.
AUTOMOBILE OR AUTOMOTIVE SALES AND SERVICEAn establishment, which may include an open area other than a street, used for the display and sale of new or used automobiles and light duty trucks under 9,000 pounds gross vehicle weight, and a building containing offices and showrooms and which may contain an area completely within the enclosed building where repair work, both minor, major and collision, including auto painting, safety inspections and automobile preparation, is performed and/or permanent or temporary storage of any licensed vehicle, motor home, mobile home, boat, camper, trailer, or other vehicle or accessory vehicle occurs.
AUTOMOBILE OR AUTOMOTIVE SERVICE STATIONA. Any retail business including buildings and premises where gasoline, oil, grease, antifreeze, other coolants, batteries, tires, spark plugs, bulbs, fuses, exhaust systems, water hoses, fan belts, brake and transmission fluids, brakes, windshield wipers and blades, wheel bearings, suspension systems, mirrors, radiators, heating and air-conditioning systems, electrical systems, fuel/oil pumps and lines, and other motor vehicle parts or accessories may be sold, supplied, cleaned, repaired, serviced and/or dispensed at retail, and where in addition, the following services may be rendered and sales made and/or uses may occur in combination therewith:
(1) Minor vehicle repair work.
(2) Fast food restaurant or other eating and drinking establishment.
(3) Soft drinks or other nonalcoholic beverages, packaged food, tobacco products, and similar convenience goods for service station customers, as accessory uses clearly incidental to the principal use.
(5) Road maps and other informational materials.
B. In addition, the following sales and services shall be expressly excluded from the definition:
(1) Recapping or regrooving tires.
(3) Collision work of any kind, including, but not limited to, body and/or frame work.
(4) Major engine repairs which require the removal of the head or crankcase or which require storage of the vehicle or accessory vehicle anywhere on the premises for any period of time in excess of two calendar weeks.
(5) The sale of any motor vehicle, motor home, mobile home, boat, camper, trailer or other vehicle or accessory vehicle from any location inside or outside a structure on the lot.
(6) The permanent or temporary storage of any vehicle, motor home, mobile home, boat, camper, trailer, or other vehicle or accessory vehicle which is unlicensed, inoperable, or partially dismantled, for any period of time in excess of two calendar weeks.
(7) The dismantling, salvaging or storage of any vehicle, motor home, mobile home, boat, camper, trailer or other accessory vehicle or used vehicle part.
BANK OR FINANCIAL INSTITUTIONAny bank, savings and loan association, credit union or other similar institution or use that accepts deposits of and/or lends money or is engaged in finance-related activities.
BUSINESS SERVICESAny profit-making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and/or businesses. "Business services" uses generally include, but are not necessarily limited to: advertising and public relations services, management and consulting services, security and maintenance services, equipment rental/leasing, and computer and data processing related sales and services.
CANOPYAny lightweight structure attached to the ground and/or to a wall and which is extended over a sidewalk or other pedestrian walkway, where such structure is used primarily for the purpose of shelter, with any advertising ancillary to its primary purpose.
CAR WASHA structure, or portion thereof, either fully or partially enclosed, where one or more vehicles may be washed using mechanized equipment or hand-washing by employees and/or by self-service.
COMMERCIAL RECREATIONAny enterprise operated for profit by other than a public entity, indoors or outdoors, for the pursuit of sports or leisure, activities including, but not limited to, such establishments as:
A. Golf or batting practice facilities;
B. Miniature or regulation golf courses;
D. Ice or roller skating rinks, indoor or outdoor;
G. Swimming pools, indoor or outdoor;
M. Off-track betting establishments;
O. Spas and health clubs where the principal use includes a gymnasium, exercise room, swimming pool and/or other sports facilities; and
P. Other similar facilities.
DISH, SATELLITEThat part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolic, or similar in shape.
DISH-TYPE SATELLITE SIGNAL-RECEIVING ANTENNA OR SATELLITE SIGNAL RECEIVERAny earth or ground station, whether functioning as part of a basic service, direct broadcast satellite, or multipoint distribution service system, which includes any one or a combination of the following:
A. A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources.
B. A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals.
C. A coaxial cable, whose purpose is to convey or transmit signals to a receiver.
DISTRIBUTION FACILITIESAny establishment in which goods manufactured on-site or off-site are temporarily stored within an enclosed building or fenced outdoor area prior to being picked up for delivery to retail or wholesale businesses or the ultimate purchaser.
DWELLINGAny building or structure (except a house trailer or mobile home) which is wholly or partly used for living or sleeping by one or more human occupants; but not including hotels, motels, lodging or boarding houses.
ESSENTIAL SERVICES OR ESSENTIAL PUBLIC SERVICESThe erection, construction, alteration or maintenance, by licensed or publicly franchised public utilities, the Borough or any other governmental agencies, of underground gas, electrical, cable television, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems or sites, including utility substations, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities for municipal or other governmental agencies, their contractors or agents, for the public health, safety or general welfare, but not including buildings.
FENCEAny structure constructed of wood, metal, wire, mesh, plastic materials or masonry, erected for the purpose of screening, privacy, protection, delineation or confinement of property.
GENERAL COMMERCIALAny authorized commercial use which is not included in the definition of commercial recreation, shopping center, retail business or business services.
GROCERY STOREA retail store, the primary function of which is the sale of staple foods and other basic life necessities.
GROSS FLOOR AREA OR GFAThe sum of the gross horizontal areas of all floors of a building measured between exterior faces of walls.
HOTEL/MOTEL OR APARTMENT HOTELAny building or group of buildings containing sleeping rooms and supporting services which are offered for rent to the general public on a daily or weekly basis and which may include support services for guests of the facility, such as restaurants, meeting rooms, recreational facilities, laundry facilities, and/or living quarters for a resident manager or proprietor; also includes motor lodges, tourist courts and inns, but specifically excludes boarding or rooming houses, fraternities or sororities or dormitories.
LIGHT INDUSTRYThe processing, fabrication, compounding, assembly and treatment of materials and products which does not produce noise or vibration which has measurable effects on adjoining properties, air or water pollution, fire hazards or other disturbances or danger to other properties, including without limitation the following products and materials: home appliances, office machines, electrical instruments, timepieces, precision instruments, electronic devices, jewelry, optical goods, musical instruments, novelties, lithographic plates, wood products, printed materials, type composition, machine tools, dies, gauges, ceramics, apparel, lightweight non-ferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods and computer components, food products, not including animal slaughtering, curing or rendering of fats.
MANUFACTURINGThe mechanical or chemical transformation or compounding of materials or substances into new products, including the processing and/or assembly of component parts or manufactured products, the creation of new products and/or the blending or compounding of materials, for the wholesale market rather than direct sales.
MARINAS AND RECREATION BOAT DOCKING AND SERVICE FACILITIESAny establishment for the launching, mooring, servicing and/or storage (wet and dry) of recreational boats and/or other water vehicles, and also including the sale of provisions, supplies and fuel for such boats. Such use may also include a restaurant and/or boat and motor sales facility and live-aboards.
MULTI-SCREEN THEATERAny indoor establishment, building or other facility of any kind, whether or not a fee is charged for admission, containing more than one screen, devoted to the display of motion pictures, and which may include the sale of food and drink for consumption on premises, and an amusement arcade, but excluding any adult entertainment establishment.
MUSEUMAny public, private, or quasi-public institution or building intended for the acquisition, preservation, study and exhibition of works of historical, artistic or scientific value.
NURSERYA retail facility or lot used for the nurturing and sale of plants and related materials.
OFF-TRACK BETTING ESTABLISHMENTAny establishment which includes "off-track betting" under an approved license issued by the Commonwealth of Pennsylvania, as a principal use, excluding dog or horse racing tracks of any kind.
OFFICEAny room, set of rooms, building or part thereof or place wherein business of a clerical nature is transacted as part of, or in support of, any public or private profession, business or industry.
OFFICE, ANCILLARYAny office which is not the principal permitted use of the building, but which provides support services for such principal use.
OFFICE, BUSINESS OR PROFESSIONALThe office of an engineer, dentist, doctor, veterinarian (excluding kennels), attorney, real estate broker, travel agent, advertising personnel, insurance broker, architect, landscape architect, accountant, or other similar professional person and/or any office used primarily for accounting, drafting, clerical services, correspondence, research, editing or administration.
PASSIVE RECREATIONFacilities for leisure and entertainment which do not involve sports, exercise or other forms of active participation, including, but not limited to, sitting areas, picnic areas, game tables, gazebos, observation areas, bikeways, fishing areas, walkways, landscaped areas, architectural features, wildlife sanctuaries and similar facilities.
PERSONAL SERVICESAny enterprise conducted for a fee which provides personal services to the general public, such as shoe repair, watch repair, dry cleaning (for pick-up and delivery only), barber and beauty shops, travel agencies and similar activities.
PILOT MANUFACTURINGAn establishment or part thereof used to test concepts and ideas, determine physical layouts, material flows and processes, types of equipment required, costs and other information necessary prior to undertaking full-scale production.
PUBLIC UTILITY STRUCTURESAny administrative, maintenance or service building or structure operated by a public utility which does not meet the definition of "essential services."
RESEARCH AND DEVELOPMENT FACILITYAny establishment which carries on basic, applied, industrial and/or scientific investigations and/or research, including laboratories and testing facilities, in the natural, physical or social sciences or engineering and development and/or testing as an extension of such research with the objective of creating end products; and which may include pilot manufacturing as an accessory use. The term also includes medical laboratories where prosthetic devices or medical equipment testing takes place exclusively on written work order of a licensed member of the dental or medical profession, and medical research laboratories.
RESIDENTIAL COMMUNITYAny group of lots in the WDD containing primarily multifamily dwellings and/or a mix of residential and commercial and/or business uses.
RESTAURANTAny retail service establishment which provides food and beverages to the general public. Restaurant shall include an eating and drinking establishment (a place open to the general public for the sale and consumption on the premises of food and/or beverages, which includes, bars, cafeterias, taverns and similar establishments), a fast-food restaurant (a restaurant where the retail sale of prepared or premeasured food items are ordered by the customer at a window, counter or vehicle, rather than from a table, and which is designed to facilitate quick service and take-out orders), and a sidewalk cafe (a restaurant serving food and/or beverages on a public sidewalk).
RETAIL BUSINESSAny establishment, other than a restaurant, located entirely within an enclosed building (except for temporary outdoor sales as defined and authorized elsewhere under this chapter) or adjacent exterior property on the same lot (so long as the goods and materials sold on the exterior are within a fenced area) which sells or rents goods, services or merchandise to the general public for personal, household or office consumption; but not including wholesaling, manufacturing, or processing of the goods offered for sale.
ROADSIDE STANDAny temporary structure designed for the display and/or sale of seasonal products, including agricultural products.
SAFETY SERVICESA facility used for the conduct of public safety and/or emergency services, including police and fire protection services and emergency medical and ambulance services.
SECURITY FACILITYAny establishment or portion thereof which houses personnel and/or equipment intended to provide protection for persons and property located elsewhere in the WDD or Borough.
SHOPPING CENTERA group of commercial establishments which is planned, developed, owned and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.
SIGNAny visual communication display, object, device, graphic, structure or part thereof situated indoors or outdoors, whether separate from or attached to, painted on, or displayed from a building or structure; in order to direct, attract attention to, announce or promote an object, person, service, product, event, location, organization, etc., by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.
SIGN, TYPESTypes of signs as herein referenced are defined as follows:
A. AWNING SIGNAny sign containing individual cut-out letters and/or symbols which are painted, stenciled or otherwise affixed to a permanent awning or canopy.
B. DEVELOPMENT SIGNA temporary sign erected during the period of construction and/or development of a property only by the contractor, developer and/or agent.
C. DIRECTIONAL SIGNAny sign which is intended to assist pedestrians and drivers in locating a specific destination.
D. IDENTIFICATION SIGNAny sign which is intended to assist residents, visitors and tradesmen in identifying buildings and/or facilities within a specific district.
E. ILLUMINATED SIGNAny sign illuminated by electricity, gas, or other artificial light source, including reflecting or phosphorescent light.
F. MENU BOARDAny exterior sign accessory to a fast-food restaurant which lists the items which may be purchased from such fast-food restaurant and prices therefor, for use by drive-through customers.
G. MARQUEE SIGNAny sign placed on or under the edge of any canopy of permanent construction projecting from the wall of a building.
I. OFF-PREMISES SIGNAny sign which provides information relative to a business, commodity or service which is conducted, sold or offered elsewhere than on the premises where the sign is displayed.
K. REAL ESTATE SIGNAny temporary sign advertising the sale or rental of the premises. Any such sign may also bear the words "sold," "sale pending," "rented" or "open house" across its face.
L. TEMPORARY SIGNAny sign which is intended to identify or announce a short-term and/or temporary activity or use of the premises.
M. WALL SIGNAny sign attached to or erected against a wall of a building or other separate structure with the face generally horizontal to the finished grade and parallel to the wall.
N. WINDOW GRAPHIC SIGNAny permanent sign which is painted on or similarly applied to the inside or outside of a window.
STORAGE FACILITYAny building or portion thereof used for storage of freight or merchandise for an extended period of time, within an entirely enclosed structure, but not including the maintenance or fueling of commercial vehicles.
SUBSTANTIAL VARIATIONAny change in an approved land development plan which involves a change in the means of ingress or egress, any increase in the dwelling unit density, any change of use which results in an increase in the total parking required of more than 10%, or an increase of more than 10% in the total floor area of all buildings originally proposed in the final land development plan.
TRANSPORTATION FACILITYAny building or portion thereof used or intended to be used as an area for loading, unloading and interchange of transit passengers using public and private transportation, including, without limitation, bus terminals, rail stations, taxi stands, and passenger-related mass transit facilities; and also including the incidental sale of tickets and passes for such public and private transportation.
VOCATIONAL SCHOOLAny establishment holding regularly scheduled instruction in professional, technical, communication and/or trade skills, including, without limitation, business, real estate, building and construction, electronics, computer programming and technology, and automobile and aircraft mechanics and technology.
WAREHOUSEAny structure designed, intended for use as, or used for the storage and handling of freight or merchandise, within an entirely enclosed structure, but not including the maintenance or fueling of commercial vehicles.
WDDThe Waterfront Development District.
WHOLESALE BUSINESSAny business establishment that sells commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments, where these commodities are intended for further resale, use in the fabrication of a product or use by a business service establishment.