[Ord. 8-1994, 12/12/1994, § 1301; as amended by Ord. 6-2007, 10/8/2007]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONEDThe visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishings used in the performance of a nonconforming use without its replacement by similar equipment or furnishings or the replacement of the nonconforming use or structure.
ACCESS DRIVEA means, other than a street, which provides vehicular access from a street or public road to a lot; e.g., a driveway or private right-of-way.
ACCESSORY RESIDENTIAL USEA residential dwelling unit which is accessory to the principal commercial use of a lot, i.e., an apartment located above or adjoining a retail establishment. (See also §
425.)
ADJOININGThe sharing of all or part of a common lot with another lot or parcel of land.
ADULT BOOK STOREAn establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material.
ADULT CABARETA club, restaurant, bar, tavern, theater, hall or similar establishment which features male and/or female entertainers whose performance includes "specified sexual activities" and/or reveals or displays "specified anatomical areas."
ADULT ENTERTAINMENT ESTABLISHMENTAdult book stores, adult cabarets, adult mini-motion picture theaters, adult motion picture theaters, adult walk-in picture theaters, amusement arcades, massage parlors and similar establishments providing entertainment of a sexual nature.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used at any time for presenting 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.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used at any time for presenting 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.
ADULT WALK-IN PICTURE THEATERAn area neither enclosed nor open to the sky (e.g. a pavilion, tent, etc.) where material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation of patrons therein.
AGENTAny person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, data and/or applications to the Zoning Officer or other designated Borough official for the purpose of obtaining approval thereof.
AGRIBUSINESSThe sale of agricultural products or commodities, including, but not limited to, farm produce, seed, fertilizers and farm machinery.
AGRICULTURAL STRUCTUREAny farm building or structure used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products. Such buildings shall not be used for residential purposes.
AGRICULTUREThe use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry and the accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
ALLEYA permanent, public serviceway providing a secondary means of access to lots, not intended for general traffic circulation.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another. An alteration does not include maintenance and repair.
AMUSEMENT ARCADEAn establishment which has as its principal business offering to patrons mechanical, electrical or video amusement devices or games such as pinball machines, ping pong, darts, rides, shooting galleries or similar devices and games.
ANIMAL HOSPITALAn establishment where animals are given medical or surgical treatment and may be boarded for short-term care incidental to their treatment.
APPLICANTAny lessee or his authorized agent who submits plans, data and/or applications to the Zoning Officer or other designated Borough official for the purpose of obtaining approval thereof.
AREAThe surface included within a set of lines.
A. AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
B. AREA, BUILDINGThe total area of a lot covered by buildings, excluding uncovered porches, terraces and steps.
C. AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
D. AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
AUTOMOTIVE REPAIR SHOPA building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm equipment or machinery and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance.
AUTOMOTIVE SALES FACILITYAny building or land area used for the display and sale of new or used automobiles or other motor vehicles, including warranty repair or associated work.
AUTOMOTIVE SERVICE STATIONA building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered.
BACKGROUND REPORT AND GOALS AND OBJECTIVESThe complete set of municipal policy goals and community development objectives addressing the future growth and development of Hughesville Borough, Lycoming County, Pennsylvania, adopted by resolution of the Borough Council.
BASEMENTA. That portion of a building partly underground but having less than 1/2 of its clear height below the average lot grade. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling purposes.
B. For floodplain management purposes, a basement shall be that area of a building or structure having its floor subgrade (below ground level) on all sides.
BED-AND-BREAKFAST ESTABLISHMENTAn establishment, dwelling or part thereof, in which individual rooms are offered for transient or temporary lodging purposes by the owner or operator for limited periods of time. Meals may also be provided for overnight guests as a part of the lodging fee. (See also § 414.)
BUFFER YARDYard space, either landscaped or planted, provided between high intensity activities and residential uses which serves as a barrier to noise and/or visibility. (See § 506.)
BUILDINGA structure having walls and a roof which is used for the shelter, housing or enclosure of persons, animals or property. The word "building" shall include any part thereof. Included shall be all mobile or manufactured homes and trailers to be used for human habitation.
A. BUILDING, ACCESSORYA detached, subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
D. BUILDING, DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
BUILDING COVERAGEThat percentage of the plot or lot area covered by the principal and accessory buildings, including covered porches, carports, and breezeways, but excluding open patios, parking or loading areas.
BUILDING HEIGHTA vertical distance measured from the average elevation of the ground surrounding the building to the highest point of the roof for flat or mansard roofs, and to a point midway between the highest and lowest point of the roof for gable, hip or gambrel roofs, excluding chimneys, spires, towers, tanks and similar projections which are attached to the building.
BUILDING LINE or BUILDING SETBACK LINEThe line established by the required minimum front yard setback from the street center line or right-of-way for buildings and/or structures. The building line shall be the point at which the lot width shall be measured.
BUSINESS OFFICEA group of rooms occupied by three or more members of a recognized profession(s) used for conducting the affairs of such profession. Such facilities may be created by the conversion of an existing structure, or they may be located in an office building or office complex. (See also "home occupation" and "professional office.")
CAMPGROUNDA tract or tracts of ground, or portion thereof, used for the purpose of providing spaces for recreational vehicles or tents for camping purposes, with or without a fee charged for the leasing, renting, or occupancy of such space. Such facility may also include a recreational vehicle park.
CAR WASH FACILITIESAny building or premises used for washing automobiles or other motor vehicles.
CARPORTA roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARTWAYThe area of a street or alley within which vehicles are permitted, including travelled lanes and on-street parking spaces, but excluding shoulders, curbs, sidewalks or drainage swales.
CELLARA portion of a building partly underground, having 1/2 or more than 1/2 of its clear height below grade. A cellar shall not be considered in determining the permissible number of stories.
CERTIFICATE OF COMPLIANCEThe certificate required by this chapter which indicates that all work authorized by the project's zoning permit has been satisfactorily completed or, in a case involving no construction, a proposed new use is in compliance with the terms of this chapter.
CERTIFICATE OF NONCONFORMANCEA certificate issued by the Zoning Officer which acknowledges the existence of a nonconforming use, structure or lot as of the effective date of this chapter, thereby authorizing its right to continue until it is eliminated or abandoned.
CHANGE OF USEAn alteration of a building or a change of the use existing within a building or on a lot to a new use which imposes other provisions of this chapter.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street or driveway intersections defined by lines of sight between points which are a specified distance from the intersection of the street center lines.
CLINIC, MEDICAL OR DENTALAn establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers, and where patients are not lodged overnight.
CLINIC, VETERINARYAn establishment where animals are examined and treated but where no boarding related to such treatment is provided. (See also "animal hospital.")
CLUB, LODGE, or SOCIAL HALLA building or premises catering exclusively to the members of a nonprofit organization and their guests for social, recreational or administrative purposes. Clubs shall include, but need not be limited to, service or fraternal organizations, as well as other social, athletic or similar groups.
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONDITIONAL USEA use permitted in certain districts, as provided for in Part
3, which may only be authorized by the Borough Council as set forth in § 1102.
CONDOMINIUMA building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
CONTRACTOR'S SHOP AND/OR YARDA building or buildings and space used for the storage of construction equipment and/or building materials. Such uses may also include equipment repair facilities and office space.
CONVENIENCE MARKETA retail establishment selling a limited range of food products as well as some household or other consumer goods. Such facilities generally offer fewer items and maintain a smaller inventory of merchandise than a supermarket. In some cases, gasoline and related automotive supplies are also offered on a self-service basis.
CONVERSION APARTMENTA single family detached dwelling which is converted for residential occupancy by not more than two families, except as may be provided in §
405.
COUNTYLycoming County, Pennsylvania.
CULTURAL FACILITIESArt galleries, auditoriums, libraries, museums, community centers, botanical gardens, adult education centers or other similar facilities, open to the public or connected with a permitted educational, philanthropic, service or religious use.
DAY CARE CENTERA private facility enrolling more than 12 young children where tuition, fees or other forms of compensation for the care of the children is charged, and which is licensed, inspected and approved to operate as a child day care center by the Pennsylvania Department of Public Welfare.
DENSITYThe number of families, individuals, dwelling units or housing structures permitted to be constructed or situated on a specific unit of land.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes or manufactured housing, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, the storage of equipment and materials and the subdivision of land.
DISTRIBUTION CENTERAn industrial building or group of buildings containing more than 10,000 square feet of gross floor area and/or more than four loading berths or docks where merchandise is stored for ultimate distribution to specific wholesale operators. (See also "warehousing facility" and "wholesale uses.")
DISTRICTA zoning district as identified on the official Borough Zoning Map, along with the regulations pertaining thereto.
DOCKA temporary structure extending into a stream or other body of water for the purpose of securing a boat(s).
DRIVEWAYA minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
DWELLINGA building, structure or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons.
A. DWELLING, SINGLE FAMILY DETACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below. (See "mobile home.")
B. DWELLING, SINGLE FAMILY ATTACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and a portion of one or two walls in common with an adjoining dwelling(s); i.e., a townhouse or garden apartment. For purposes of this chapter, single family attached dwelling structures shall contain a minimum of three dwelling units.
C. DWELLING, TWO FAMILY ATTACHEDAn attached or semiattached building containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar; i.e., a duplex.
D. DWELLING, MULTIFAMILYA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures, as defined herein; an apartment building.
DWELLING UNITOne or more rooms in a dwelling structure designed for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Recreational vehicles and facilities for transient lodging shall not be considered as dwelling units for the purposes of this chapter.
ENCLOSED USEA use which is located entirely within a building or structure.
ENTERTAINMENT FACILITY, PUBLICAn indoor facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, amusement arcades, motion picture theaters, health clubs and similar types of establishments, but excluding adult entertainment facilities. (See also §
416.)
ESSENTIAL UTILITY DISTRIBUTION SERVICESUtility services provided by public utility companies, governmental agencies or public service corporations which are necessary for the preservation of the public health and safety. Such services shall include, but need not be limited to, the placement, construction, alteration, use or maintenance of underground or overhead electrical, telephone, television, natural gas, water or sewage disposal systems, and may include the use of poles, wires, lines, mains, drains, sewers, pipes, conduits, cables, hydrants, traffic signals or other similar equipment. (See also § 422.)
ESSENTIALLY DRY SPACEA space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
EXTERIOR ANTENNASAll forms of antennas utilized within the Borough for telephone, telecommunication, radio, television or other forms of communication (including microwave and satellite earth stations or dishes), except antennas utilized by government agencies or antennas regulated by applicable laws relating to public utilities. Exterior antennas shall include the towers, receiving dishes or receiving fixtures, bases, supports, guidewires, transmission wires and all attachments. (See also §
429.)
FAMILYOne or more persons occupying a single dwelling unit and living as a single household unit, whether or not related by blood, marriage or adoption. (See also "group family household.")
FAMILY DAY CARE HOMEA family residence where care is provided for no more than six children by an occupant of the home and which is registered by the Pennsylvania Department of Public Welfare to provide such care.
FENCEAny combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. For the purposes of this chapter, a fence shall be considered to be a structure.
FINE ARTSFor the purposes of this chapter, fine arts shall be defined as the art of drawing, painting, sculpting, jewelry-making or other similar types of creative activities usually requiring specialized skills.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the 100-year floodplain outside the floodway.
FLOOD, 100-YEARA flood that on the average is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year.)
FLOOD, 500-YEARA flood that on the average is likely to occur once every 500 years (i.e. that has less than a one-percent chance of occurring each year, although the flood may occur in any year).
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or other watercourse which is subject to partial or complete inundation.
B. An area subject to the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See Part 6 for flood damage control provisions.)
FLOODWAYThe designated area of a floodplain required to carry and discharge the flood waters of a 100-year flood.
FLOOR AREAThe area of a structure covered by floors.
A. FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces for motor vehicles or basement or cellar floor areas where this area is not used for business or dwelling purposes, but including the area of roofed porches and terraces.
B. FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGEA building or structure used for the parking and storage of vehicles.
A. GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public; provided, however, that no more than two spaces therein may be leased to nonresidents of the premises.
B. GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation.
GENERAL FLOODPLAINThat portion of the floodplain area for which no specific flood profiles exist and which is designated as approximated 100-year floodplain area on the Borough's Flood Boundary and Floodway Maps.
GRADEThe degree of rise or descent of a sloping surface.
A. GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GROUP DAY CARE HOMEA residence where day care is provided for between seven and 12 children by an occupant of the home and which is licensed and inspected by the Pennsylvania Department of Welfare to provide such care.
GROUP FAMILY HOUSEHOLDA group of individuals not related by blood, marriage, adoption or guardianship living together in one dwelling unit as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability.
GROUP HOME; GROUP CARE FACILITYA facility or dwelling unit housing persons unrelated by blood or marriage which operates as a group family household, including, but not limited to, homes for orphans, foster children, the elderly, battered children and women, mentally or physically handicapped individuals and specialized treatment facilities providing less than primary health care. For the purposes of this chapter, such facilities shall not include sobriety houses or facilities for drug or alcohol rehabilitation. (See also §
410.)
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior.
(2) Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONAn accessory use or occupation providing or offering a service which is conducted entirely within the operator's dwelling or in a building accessory thereto, which use is clearly secondary to the use of the dwelling for residential purposes and does not change the character thereof. (See §
424.)
HOTELA building or structure containing rooms intended or designed to be used, rented or occupied for sleeping purposes by transient guests, where such rooms have no independent outside access and where provision may be made for general dining room or restaurant facilities within the building.
IDENTIFIED FLOODPLAIN AREAThose floodplain areas specifically identified in this chapter as being inundated by the 100-year flood, including areas identified as Floodway (FW), Flood Fringe (FF) and General Floodplain (FP).
INDUSTRIAL OPERATIONSFor the purposes of this chapter, industrial operations shall be defined as those manufacturing, assembling and/or processing activities itemized in Part
3, the district regulations, and meeting the supplementary regulations set forth in §
418. (See also "light industrial operations.")
INDUSTRIAL PARKA tract of land which has been planned, developed and is operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
INTERSTATE HIGHWAY SYSTEMThat portion of the national system of interstate highways located within the Commonwealth as officially designated or as may be hereafter so designated by the state and/or United States Departments of Transportation.
JUNKAny discarded article or material not ordinarily disposed of as rubbish, garbage or refuse and including, but not limited to, scrap metal, scrapped, abandoned or junked automobiles, machinery, equipment, paper, rags, glass containers and other salvageable materials. For purposes of this chapter, the term "junk" shall not include hazardous wastes or materials, residual wastes or municipal wastes as defined in the Pennsylvania Solid Waste Management Act.
JUNKED OR ABANDONED MOTOR VEHICLEAny motor vehicle which does not bear a current license, registration and inspection or which is in inoperable condition and is stored outside of an enclosed building or is not covered by an opaque tarp.
JUNKYARDAny outdoor establishment, place of business or use of land which is maintained, used or operated for storing, keeping, buying or selling junk or junked or abandoned motor vehicles. For the purposes of this chapter, such facility may also be referred to as an auto salvage operation or scrap processing facility.
KENNELFor the purposes of this chapter, a kennel shall be defined as an establishment where five or more dogs or domesticated animals more than six months old are housed, groomed, bred, boarded, trained or sold. House pets in a private home are excluded. In addition, all requirements of the Pennsylvania Dog Law, administered by the Pennsylvania Department of Agriculture, shall be met before establishing a kennel.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 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.
(2) 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.
LANDOWNERThe legal or beneficial owner(s) of land, including the holder of an option or contract to purchase (whether or not such option is subject to any condition), a lessee, if he is authorized under the lease to exercise the right of the land owner or other person having a proprietary interest in the land.
LANDSCAPINGGrass and other plantings such as trees, shrubs and/or bushes.
LAUNDROMATA business premises equipped with individual clothes washing and drying machines for the use of retail customers. For the purposes of this chapter such facilities shall not include laundry facilities provided as an accessory use, such as those provided for an apartment building.
LIGHT INDUSTRIAL OPERATIONA manufacturing, assembly or processing activity which meets the performance standards, bulk controls and other requirements of this chapter. (See also §
418.)
LOADING BERTHA space accessible from a street or alley 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.
B. LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
C. LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line (i.e. a corner lot), between such lot line and the opposite lot line.
D. LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
E. LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another along its rear lot line, with frontage on both streets.
F. LOT, REVERSE FRONTAGEA lot extending between and having frontage on both an arterial or collector street and a local street, with vehicular access solely from the latter.
LOT LINESThe property lines bounding the lot.
A. LOT LINE, FRONTThe line separating the lot from a street or street right-of-way; or the lot line at the front of the parcel.
B. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT OF RECORDA lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Lycoming County, Pennsylvania.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area of a building or structure (including basement or cellar). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access or incidental storage, in an area other than a basement or cellar area is not considered a building's lowest floor; provided, that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MACHINE SHOPA workshop, manufacturing facility or other industrial operation where machines are built, repaired or rebuilt. For the purposes of this chapter, such facilities shall include tool and die making, engine rebuilding, and similar types of activities.
MANUFACTURINGThe act of producing, preparing or assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.
MARKET VALUEThe fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
MASSAGE PARLORAn establishment in which there exists the offering or furnishing of services in which "specified sexual activities" occur.
MINOR REPAIRThe replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall any minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.
MOBILE HOMEA transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two 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 is constructed so that it may be used without a permanent foundation. For floodplain management purposes, the term shall also include park trailers, travel trailers, recreational vehicles and other similar types of manufactured homes which are placed on a site for a period of time exceeding 180 consecutive days. (See also §
404.)
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 PAD OR STANDThat part of an individual mobile home lot which has been reserved for the placement of a mobile home and appurtenant structures and connections.
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. For floodplain management purposes, the term shall also include facilities for the placement of two or more park trailers, travel trailers, recreational vehicles and other similar types of manufactured housing for a period of time exceeding 180 consecutive days. (See also §
409.)
MUNICIPAL WASTEWaste material originating from residential, municipal, commercial or institutional establishments, including sludges from water supply treatment plants, waste water treatment plants and air pollution control facilities not meeting the definition of residual or hazardous waste in the Solid Waste Management Act. The term does not include source-separated recyclable materials.
MUNICIPAL WASTE LANDFILLA facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition landfill or a facility for the land application of sewage sludge.
MUNICIPALITYHughesville Borough, Lycoming County, Pennsylvania.
MUSICIANAn individual skilled in music or proficient in the use of a musical instrument including, but not limited to, a professional performer or a composer.
NEW CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, location or relocation of a building (including mobile and manufactured homes), structure and/or improvements (such as streets, utilities, etc.). For floodplain management purposes, the term shall mean all structures for which construction commenced on or after September 15, 1981, and includes any subsequent improvements thereon.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use in a residential dwelling located in a residential district which is clearly secondary to the use of the residence as a dwelling and which meets the no-impact criteria set forth in §
424 of this chapter.
NONCONFORMING LOTA lot which does not conform to the minimum width, depth or other dimensional requirements specified for the district in which it is located (Part
3), including those lots which existed prior to the enactment of this chapter. (See § 902 for applicable provisions.)
NONCONFORMING STRUCTUREA structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See § 901 for applicable provisions.)
NONCONFORMING USEA use of a building or land which does not comply with the applicable use regulations (Part
3) of this chapter or amendment, including those uses which lawfully existed prior to the enactment of this chapter or amendment. (See § 901 for applicable provisions.)
NURSERYLand or greenhouses used to raise flowers, shrubs and plants for sale.
NURSING HOMEA state-licensed institutional establishment which provides full time convalescent or chronic nursing and/or medical care. Such facilities shall not provide surgical, obstetrical or other services generally provided by a hospital.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream to the damage of life or property.
OPEN SPACESpace not occupied by a structure, open to the sky, and on the same lot with the building or structure.
A. OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
B. OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities.
PARK or PLAYGROUNDA public, semipublic or private park or park-type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues or other groups or may be strictly independent. (See §
419.) See also "recreation facility."
PARKING SPACEAn off-street area on a lot available for the parking of one motor vehicle and having direct, usable access to a street or road. A parking space may include covered garage space or uncovered lot space located off of the public right-of-way. (See also Part 8.)
PARTY WALLA wall on an interior lot line or a wall adapted for joint service between two buildings.
PERMITTED USEA use allowed in a zoning district, subject to the applicable district regulations, and approved by the Zoning Officer.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PERSONAL CARE HOMEA state-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care, for individuals, usually the elderly.
PERSONAL SERVICE BUSINESSFor the purposes of this chapter, a personal service business shall include, but need not be limited to, a barber shop, beauty parlor, self-service laundry and dry cleaning establishment, a tailor or dress-making shop, small appliance or equipment repair facility or other establishment of a related nature.
PLANNING COMMISSIONThe Planning Commission of Hughesville Borough, Lycoming County, Pennsylvania.
PRIMARY HIGHWAY SYSTEMThat portion of connected main highways located within the Commonwealth as officially designated or as may be hereafter so designated by the state and/or United States Department of Transportation.
PROFESSIONAL OFFICEAn office occupied by up to two members of a recognized profession used for conducting the affairs of said profession. A professional office may be considered a home occupation when conducted from a residence by a member of the resident family and when the office is clearly secondary to the residential use of the dwelling. Professional offices may be created by the conversion of an existing structure, or they may be situated in an office building or office complex. (See also "home occupation" and "business office.")
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Borough Council, Borough Planning Commission or Borough Zoning Hearing Board, 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 July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.
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.
RECREATION AREA OR FACILITYAn outdoor public, semipublic or private facility intended to provide recreational enjoyment to or for its users, i.e. a playground or tot lot, tennis courts, football, soccer or other athletic fields, picnic areas, driving range, miniature golf course or similar facility. (See §
419.) See also "park or playground."
RECREATIONAL OR INSTITUTIONAL DEVELOPMENTPublic, semipublic or private outdoor recreational facilities, including fair grounds, golf courses, golf driving ranges, miniature golf courses, church or service club-affiliated camps or similar facilities.
RECREATIONAL VEHICLEA vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Such vehicles are permitted to be used only in campground areas or recreational vehicle parks in the Borough or on private independent parcels.
RECREATIONAL VEHICLE PARKAny site upon which two or more recreational vehicles are, or intended to be, located. (See also "campground.")
REGULATORY FLOODThe flood that has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been based; the 100-year flood.
RESTAURANTA retail establishment where food and drink is prepared, served and consumed primarily within the principal building.
RETAIL BUSINESSA place of business engaged in selling goods and merchandise to the general public for personal or household use and rendering services incidental to the sale of such goods. (See also "wholesale use".)
ROADSIDE STANDA temporary booth, stand or shelter located along a roadway (but off of the road right-of-way) from which farm, nursery or greenhouse products, fireworks or crafts are offered for sale to the general public. For the purposes of this chapter, such stands may be located in a C-1 or C-2 Zoning District.
ROOMING OR BOARDING HOMEA single family dwelling or part thereof, where lodging is provided for a fee by the owner or operator for no more than three additional nonfamily or unrelated individuals for periods of time exceeding one week, whether or not provision has been made for meals.
SATELLITE DISHFor the purposes of this chapter, a satellite dish antenna shall be defined as an accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit. See also "exterior antennas."
SCHOOLAn establishment or facility or part thereof which is designed, constructed or used for public or private education or instruction in any branch of knowledge.
SCREEN PLANTINGThe provision of a barrier to visibility, glare and noise between adjacent properties made of plant materials, such as trees or shrubs which will be of such species that will produce the desired visual screen. Such plantings shall, however, adhere to the requirements of § 507 and shall be broken at points of vehicular or pedestrian access or utility easements.
SEWAGE FACILITYA system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of the Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other wastes.
A. SEWAGE SYSTEM, COMMUNITYA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
B. SEWAGE SYSTEM, INDIVIDUALA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
SHOPPING CENTERA group of commercial establishments, planned, developed, owned and managed as a unit and related in location, size and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores. For the purposes of this chapter, such facilities shall also include the "shopping malls."
SIGNAny device, structure or object of visual communication which is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any government. (See §
701 for definitions of various types of signs.)
SIGN AREAThe entire face of a single side of a sign, including all advertising surface and any framing, trim or border area, but excluding any supporting framework or bracing.
SIGN HEIGHTThe vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
SOBRIETY HOUSEFor the purposes of this chapter, a sobriety house shall be defined as a residence where two or more unrelated persons recovering from alcohol or chemical dependency are residing. (See also §
430.)
SOLID WASTEAny waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. (See also "municipal waste.")
SPECIAL EXCEPTIONA use permitted in a certain zoning district as provided for in Part
3, which must be approved by the Zoning Hearing Board as set forth in § 1002(D) of this chapter. Special exceptions may not be granted for uses other than those expressly listed in Part
3.
SPECIFIED ANATOMICAL AREASFor the purposes of this chapter, such areas shall include less than completely and opaquely covered: human genitals; pubic region; buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESFor the purposes of this chapter, such activities shall include sexual stimulation or arousal of human genitals; acts of human masturbation, oral sex, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STABLEA building in which one or more horses are boarded, whether or not for compensation, hire or sale.
STORAGEA place or space for storing goods, articles of personal property, materials, etc.; or the maintenance of goods, articles of personal property, materials, etc., on a site or at a location for a period of time.
STORAGE TRAILERThe container portion of a tractor-trailer truck which has been detached from the tractor, placed on a lot with a principal use in the Central Business or Industrial District, and is being used or is intended to be used for storage purposes. (See also §
431.)
STORAGE, OUTSIDE UNENCLOSEDStorage of goods, materials or merchandise outside of a fully enclosed building or structure as accessory or incidental to an approved, principal use in a Central Business or Industrial District. Perpetual outside commercial or industrial storage shall meet the requirements of § 508.
STORYThat portion of a building included between the surface of any floor and the surface of the floor or ceiling next above it.
STORY, HALFA space under a sloping roof where the line of intersection of the roof and wall plate is not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
STREETAny thoroughfare, whether public or private, located in whole or in part within Hughesville Borough, excluding alleys. The word "road" may be used interchangeably with the word "street."
STREET LINEThe dividing line between the street right-of-way and the lot.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including buildings, sheds, fences and signs, but excluding poles, playground equipment, mailboxes, lawn ornaments and other similar objects. For floodplain management purposes, the term shall also include a gas or liquid storage tank that is principally above ground, as well as a mobile or manufactured home.
A. STRUCTURE, ACCESSORYA structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure or use.
STUDIOA place where an artist or musician does his work.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means, into two or more lots, tracts or 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 dwelling, shall be exempted.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage." regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local enforcement official and which are the minimum necessary to assure safe living conditions.
B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SUPERMARKETA retail establishment primarily selling food or groceries as well as other household goods, products or merchandise.
SWIMMING POOLA body of water in an artificial container, whether located in or above ground, having a depth at any point of more than two feet or a surface area of more than 250 square feet, used or intended to be used for swimming by children and/or adults.
TEMPORARY PERMITA permit authorized by the Zoning Officer for a nonpermanent building, structure or use which is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Borough. (See also § 1203, Subsection 10.)
TRANSIENT LODGING FACILITYA building or structure arranged or used for sheltering, sleeping and/or feeding of transient or overnight guests for limited periods of time, including inns and other similar types of residential lodging establishments. Dining facilities associated with such uses may also be open or available for use by the public if authorized by the proper Borough officials. See also "bed-and-breakfast establishments." (See also § 414.)
USEThe specific purpose or activity for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
A. USE, ACCESSORYA use subordinate to the principal use of a building or structure located on the same lot and serving a purpose customarily incidental to the use of the principal building or structure. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
VARIANCEA modification of the provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (See § 1002(C) for additional details and criteria to be utilized when a variance is requested.)
VETERINARY HOSPITAL OR CLINICAn establishment where animals are given medical or surgical treatment and their boarding is limited to short term care incidental to the treatment.
WAREHOUSING FACILITYA building used primarily for the storage of goods and materials, including facilities handling freight for a specific commercial or industrial operation and those facilities available to the general public containing separate storage spaces of varying sizes leased or rented on an individual, self-service basis.
WATER FACILITYAny water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.
WATER SYSTEMA water facility providing potable water to individual lots or the public for human consumption.
B. WATER FACILITY, OFF-LOTAny approved system in which potable water is supplied to a dwelling or other building from a central source which is not located on the lot with the dwelling or building.
C. WATER FACILITY, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
D. WATER SYSTEM, PUBLICA water system as defined by the Pennsylvania Department of Environmental Resources which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at lease 60 days out of the year.
WHOLESALE USEAn industrial facility or establishment primarily engaged in selling merchandise to retailers or to industrial, commercial, institutional or other wholesalers. (See also "retail business.")
YARDAn open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward.
A. YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
B. YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed from the ground upward.
D. YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.
ZONING MAPThe official Zoning Map of Hughesville Borough, Lycoming County, Pennsylvania, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this chapter as established in § 203.
ZONING OFFICERThe administrative officer duly appointed by the Borough Council and charged with the duty of enforcing the provisions of this chapter.
ZONING PERMITThe permit required by this chapter which states that the purpose for which a building, structure, or land is proposed to be used is in conformity with the use regulations, the dimensional requirements, and all other applicable provisions of this chapter.