Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined or interpreted differently within this Part.

(Ord. 6/6/1988, §201)

   Unless otherwise expressly stated, the following shall, for the purpose of this Chapter, be interpreted in the following manner:

   A.   Words used in the present tense imply the future tense.

   B.   Words used in the singular imply the plural.

   C.   The word “person” includes a partnership, corporation or other legal entity as well as an individual.

   D.   The word “shall” or “must” is to be interpreted as mandatory; the word “may” as directory, and complied with unless waived.

(Ord. 6/6/1988, §202)

   For the purposes of this Chapter, the following words and phrases have the meaning given herein:

      Access drive - a paved surface, other than a street, which provides vehicular access from a street or a private road to a lot.

      Adult regulated facility - an establishment open to the general public, except persons under the age of 18 years, where more than 20 percent of the occupied area of the facility is used for one or more of the following purposes:

         (1)   Adult book store - an establishment which offers for sale, for rent, for lease, for view on the premises or for loan, pictures, photographs, drawings, sculptures, motion picture film, or similar visual representation of sexual conduct, or sexual excitement, or books, pamphlets magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement; or offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.

         (2)   Adult theater - an establishment used for presenting motion picture film, video tape or any similar visual representation of matters distinguished or characterized by an emphasis on specific anatomical area, specific sexual activities or sexual devices, commonly referred to as “X-rated” movies, peep shows or the equivalent thereof.

         (3)   Adult massage parlor - an establishment having a source of income or compensation derived from the practice of massage, but shall exclude licensed hospitals, Supp. V; revised 12/1/2014licensed nursing homes, medical offices, clinical offices or other offices and quarters of licensed health professional practitioners.

      Alterations - as applied to a building or structure, any change or rearrange ment in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

      Alterations, structural - any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

      Amendment - a change which includes revisions to the zoning text and/ or the Official Zoning Map; and the authority for any amendment lies solely with the Borough Council.

      Animal hospital - a building used primarily for the treatment, by a veterinar ian, of small domestic animals such as dogs, cats, rabbits, and birds or fowl. Boarding of such animals shall be for medical or surgical treatment.

      Applicant - any landowner, lessee or his authorized agent who submits plans, data and/or application to the Zoning Officer or other designated Borough official for the purpose of obtaining approval thereof.

      Basement - a story having part but not more than one-half of its height below the average level of the adjoining ground.

      Bed and breakfast inn - an establishment in a single-family dwelling providing guest rooms for overnight accommodation and a morning meal for compensation. [Ord. 2014-2]

      Block - an area bounded by streets.

      Building - any structure or edifice designed or intended for use as an enclosure, a shelter, or for the protection of persons, animals or property.

         (1)   Detached - a building which has no party wall.

         (2)   Semi-detached - building which has only one party wall in common.

         (3)   Attached - a building which has two or more party walls in common.

      Building, accessory - a building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.

      Building area - the total area of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.

      Building height - the total overall height of a building measured from the basement floor or grade level (if no basement exists) to the highest point of the roof.

      Building, main - a building in which is conducted the principal use of the lot on which it is located.

      Cellar - a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground.

      Cluster development - an area of land in single ownership to be developed as a residential community in which the dimensions of individual lots may be reduced, but in which common areas are provided so that the overall density required in that zoning district is maintained. A type of planned residential development (PRD).

      Commercial school - an educational facility operated as a gainful business whereby some form of special instruction or training is offered to those enrolled. The curriculum can include such things as business and technical programs, handicrafts and trades as well as artistic, dance, baton twirling and musical training.

      Common open space - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents.

      Comprehensive Plan - the plan, or parts thereof, if any, which have been adopted by the Borough Council, showing its recommendations for such systems as: land uses, parks and recreation facilities, water supply, sewerage and sewage disposal, garbage disposal, transportation, highways, civic centers and other public improvements which affect the development of the Borough.

      Condominium - a type of ownership arrangement, not a land use, wherein parts of a building typically are owned separately by persons and other parts such as halls, stairs and recreation areas are owned jointly by such persons. A condominium may be residential, commercial or industrial in nature.

      Convalescent or nursing home - a licensed establishment which provides full- time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.

      Day care center - a facility licensed by the State that provides a wide range of formal day care services for remuneration to seven or more children or adults, but not both children and adults, who are not relatives of the care giver.

      Day care home - a facility located in a single-family residence which provides supervised care for remuneration to not more than six children or adults, but not both children or adults, who are not relatives of the care giver.

      Domiciliary care home - an existing building or structure designed for a dwelling unit for one family which provides 24-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally, emotionally or who are aged persons.

      Drive-in business - a commercial establishment, including a drive-in eating establishment, offering articles or services which are either purchased or consumed on the premises and which has a greater area devoted to the purchase and consumption of such articles and services on the outside than on the inside of the building.

      Driveway - a minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.

      Dwelling - a building or structure designed for living quarters for one or more families, including mobile homes, but not including, rooming houses, convalescent homes, motels, hotels, and tourist homes or other accommodations used for transient occupancy.

         (1)   Single-family - a building designed and occupied exclusively as a residence for one family.

         (2)   Two-family - a building designed and occupied exclusively as a residence for two families.

         (3)   Multi-family - a building designed and occupied as a residence for three or more families living independently of each other and doing their own cooking; including apartment houses, row houses, or townhouses.

      Dwelling unit - any structure, or part thereof, designed for occupancy by not more than one family for living purposes and having complete housekeeping facilities.

      Easement - a limited right of use granted on private land for public or quasi- public purpose.

      Eating establishment - any public eating place where food is prepared and sold for consumption either on or off the premises.

      Family - one or more persons who live in one dwelling unit and maintain a common household. May consist of a single person or two or more persons, whether or not related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests, but not occupants of a club, fraternal lodging, or rooming house.

      Farm - any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

      Flood-prone area - a relatively flat or low land area adjoining a stream, river, or watercourse which is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

      Floodproofing - any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.

      Floodway - the channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.

      Floor area, habitable - the aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including, cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches. Earth- sheltered dwellings, designed as such, shall include the aggregate of area used for habitation as defined above whether or not all or a portion is below ground level.

      Greenhouse nursery - a use primarily involved in horticulture, which may include the sale of plants grown on the premises and goods and materials used in their production.

      Group home - a type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. The maximum number of occupants, including any residence staff personnel, shall not exceed 16. A group home shall be directly affiliated with a parent institution which provides the administration of the residents, who are required to reside on the premises to benefit from the service through the direction of a professional staff and for supervision of residents by full- time resident staff.

      Group quarters - any dwelling or portion thereof which is designed or used for five or more persons unrelated to each other or to any family occupying the dwelling unit and having common eating facilities. Group quarters shall include, but not be limited to, lodging or boarding houses, fraternity and sorority houses and other quarters of an institutional nature. Such quarters must be associated with a parent religious, educational, charitable or philanthropic institution.

      Guest room - a room which is intended, arranged or designed to be occupied or which is occupied by one or more guests put in which no provision is made for cooking and not including dormitories for sleeping purposes. Residential noncommercial guest rooms shall be within or attached to the principal residence and shall be part of the residential utility (sewer, electric, etc.) service line.

      Home occupation or profession - a special type of accessory use. It is an occupation or profession which:

         (1)   Is carried on only in a dwelling unit.

         (2)   Is carried on by a member of the family residing in the dwelling unit.

         (3)   Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

      Hospital - a place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care.

      Junkyard - a lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material, or for the abandonment, collecting, dismantling, demolition, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

      Kennel - any building or buildings and/or land used for the boarding, breeding or training of four or more dogs, cats, fowl or other small domestic animals at least 4 months of age and kept for purposes of profit, show, hunting or as pets but not to include riding staples or cases involving animals raised for agricultural purposes.

      Landowner - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under lease to exercise the rights of the landowner, or other person having a propriety interest in land.

      Loading space - an off-street space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

      Lot - a tract, plot or parcel of land which is or in the future may be, offered for sale, conveyance, transfer or improvement as one parcel, regardless of the method or methods in which title was acquired. It may be vacant, devoted to a certain use, occupied by a structure or occupied by a group of structures; it is considered as a unit for a principal use.

      Lot area - the area contained within the property lines of the individual parcels of land as shown on a land development plan, excluding any area within a street right-of-way, but including the area of any easement.

      Lot coverage - a percentage which when multiplied by the lot area will determine the permitted building coverage area.

      Lot width - the required distance between the side property lines measured along the street right-of-way line.

      Medical clinic - any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an out-patient basis.

      Mini-storage - a facility providing for the enclosed storage of household items, recreational equipment and/or classic or antique automobiles where said items are retained for direct use by their owner who shall have direct access thereto without intermediate handling by the proprietor of the facility.

      Mobile home - a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly 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 constructed so that it may be used without a permanent foundation.

      Mobile home lot - a 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, which is leased by the park owner to the occupants of the mobile home erected on the lot.

      Mobile home park - a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots for nontransient use by persons unrelated to the owner or owners of such land whether operated for or without compensation.

      Multi-family or two-family conversion - a multi-family or two-family dwelling constructed by converting an existing building into apartments for more than one family, without substantially altering the exterior of the building.

      Nonconformity - a use, structure, lot or dimension in conflict with the regulations of this Chapter, (1) existing on the effective date of this Chapter, or (2) existing at any subsequent amendment of this Chapter, or (3) created by variance. Specifically, the following types of nonconformities are distinguished:

         (1)   Nonconforming structure - a structure or part of a structure manifestly not designed to comply with the applicable use provisions in this Chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

         (2)   Nonconforming use - a use, whether of land or of a structure, which does not comply with the applicable use provisions in this Chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or amendment, or prior to the application of this Chapter or amendment to its location by reason of annexation.

         (3)   Dimensional nonconformity - a lot or structure which is nonconforming because it is not in compliance with the extent-of-use or dimensional regulations of this Chapter.

      Open area - a percentage which when multiplied by the lot area will determine the required unbuildable area of the lot. However, paved area is to be considered as part of the required open area.

      Outdoor commercial recreational establishment - a use of open land for leisure time activities, such as a swimming pool, tennis court, riding stable, golf course or drive-in theater.

      Owner - the owner of record of a parcel of land.

      Parcel - a unit of land which meets all of the following criteria:

         (1)   Owned by the same owner or owners on June 6, 1988.

         (2)   Obtained by its owner or owners at the same time and by the same instrument (deed, will, etc.).

         (3)   Is contiguous. Land shall be considered contiguous even though separated by public or private roads.

      Parking garage - a building where passenger vehicles may be stored for short- term, daily, or overnight off-street parking.

      Parking lot - an open lot where passenger vehicles may be stored for short- term, daily, overnight off-street parking.

      Parking space - an off-street space available for the parking of one motor vehicle and having direct usable access to a street or alley.

      Paved area - a percentage which when multiplied by the lot area will determine the permitted open area which may be paved with an impervious surface (examples: driveways, parking areas, walkways).

      Personal care boarding home - a type of group quarters, specifically a premises in which food, shelter and personal assistance or supervision are provided, on a State or Federal licensed basis, for a period exceeding 24 consecutive hours for at least four but not more than 16 persons who are over the age of 18, are not related to the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.

      Personal service business - personal service businesses shall include barber and beauty shops; radio and television repair; repair shops for home appliances, tools, bicycles, guns, locks, shoes and watches; tailor and dressmaking shops or any other similar establishment providing personalized service to customers.

      Professional or business offices - an office which generally operates on an appointment basis. Business offices shall include advertising agencies, opticians offices, personnel agencies, photographers studio, and travel and ticket agencies. Professional offices shall include offices of accountants, actuaries, architects, attorneys, clergy, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, real estate agents, teachers, and miscellaneous consulting services. Also included are offices of a governmental agency, social service organization, magisterial district judge, notary, public or private utility or political organization; or an office of a bank, savings and loan association, credit or loan company, collection agency, or stock and bond broker. [Ord. 2007-2]

      Public - owned, operated or controlled by a government agency (Federal, State or local–including a corporation created b   y law for the performance of certain specialized governmental functions, and the Board of Education).

      Public sewer - a municipal sanitary sewer system or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. [Ord. 2007-2]

      Public water - a municipal water supply system, or a comparable public water facility approved and permitted by the Pennsylvania Department of Environmental Protection. [Ord. 2007-2]

      Recreational vehicle - tent trailers, campers, travel trailers, and motor homes which provide for eating and/or sleeping for one or more persons are classified as recreational vehicles. These vehicles or units shall have a fixed maximum width of 8 feet and a maximum length of 32 feet.

      Retail store or shop - any shop or store whose primary activities involve the sale or lease of amusements and games, antiques, art, books, beverages, carpets and rugs, ceramics and glass, confections, drugs, dry goods, flowers, food, furniture, gifts, garden supplies, hobbies, hardware, household appliances, household pets and supplies, leather goods, musical supplies and equipment, notions, paint, periodicals, photographs and photographic equipment, radio-television and sound equipment, sporting and camping goods, stationery, tobacco, toys and wearing apparel. The wholesale distribution or manufacture of the foregoing products are not included herein and are permitted only as provided in other appropriate Sections of this Chapter. Among the uses not to be interpreted as retail stores or businesses are uses specifically provided for elsewhere in this Chapter including, but not limited to, gasoline and motor vehicle service stations, vehicular sales and rental, restaurants, business offices, professional offices, and lumber yard.

      Roadway - the portion of a street right-of-way which is paved, improved, designated or intended for vehicular traffic. Sometimes referred to as “cartway.”

      Rooming house - a single-family dwelling containing guest rooms, where lodging is provided, with or without meals, for compensation for not more than eight persons, in addition to the family unit. [Ord. 2014-2]

      Satellite dish antenna - any accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.

      School - a place of instruction, either public or private, licensed by the Department of Education, not to include a commercial school.

      Screen planting - an evergreen vegetative material of sufficient height and density to conceal from the view of property owners in adjoining zones the structures and uses on the premises on which the screen planting is located.

      Service station - any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sales of motor vehicle accessories at retail only, but not including major repairing, body and fender work, painting, vehicular sales or rental or automatic car washes.

      Setback - the required horizontal distance between a setback line and a property or street line.

         Setback, front - the distance between the street right-of-way line and the front setback line projected the full width of the lot. Commonly called “front yard.”

         Setback, rear - the distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called “rear yard.”

         Setback, side - the distance between the side lot line and the side setback line projected from the front setback line to the rear setback line. Commonly called “side yard.”

      Setback line - a line within a property and parallel to a property or street line which delineates the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.

      Sexual device - an artificial human penis, vagina or anus, or other device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals, pubic area, perineum or anal area, including dildos, penisators, vibrators, vibrillators, penis rings and erection enlargement or prolonging creams, jellies, or other such chemicals or preparations.

      Shopping center or mall - a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking provided on the property as an integral part of the unit.

      Sign - a device for visual communication that is used to bring the subject to the attention of the public but not including, flags or other insignia of any government, government agency, or of any civic, charitable, religious, fraternal or similar organization.

         (1)   Business - a sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.

         (2)   Directional - a sign which directs people to: a community; an event of public interest; public uses and buildings; uses and buildings of service and charitable organizations; and uses and buildings of commercial nature; provided, that no advertising matter other than identifying name or symbol shall be contained on signs of this type.

         (3)   Free-standing - a sign supported by uprights or braces placed upon or in the ground and not attached to a building.

         (4)   Portable - a sign, of any material, with or without changeable type, lettering, illuminated or nonilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground, often referred to as a “mobile sign.”

         (5)   Projecting - a sign which is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.

      Special exception - the granting of the right-to-use land or the right to deviate from stated requirements which the Zoning Hearing Board is permitted to authorize in specific instances listed this Chapter under the terms, procedures and conditions prescribed herein.

      Specific anatomical areas - buttocks; female breasts below a point immediately above the top of the areola; or penis, vagina, anus, genitals, pubic area, perineum or anal area.

      Specific sexual activities - (1) human male genitals in a discernibly turgid state of sexual stimulation or arousal; (2) sexual acts, normal or perverted, actual or simulated, involving a person or persons or a person(s) and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, analingus or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, and region, or, if such person be female, a breast; or (3) fondling or other erotic touching of specified anatomical areas.

      Story - that portion of a building, excluding cellars, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

         (1)   Story, half - a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than 2 feet above the floor.

      Street - a public or private way, excluding driveways, which affords the principal means of access to abutting properties to be used by vehicular traffic or pedestrians. Includes street, avenue, boulevard, road, highway, freeway, lane, alley, viaduct and any other dedicated and accepted public right-of-way or private right-of-way.

         Street grade - the officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

         Street line - a line defining the edge of a street right-of-way and separating the street from abutting property or lots. Commonly known as the street “right-of-way line.”

      Structure - any assembly of materials constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground including, but not limited to, buildings, sheds, cabins, garages, mobile homes, and fences. Unless noted otherwise, the following are excluded from the definition of structure for the regulatory purposes of this Chapter such that they shall not be permitted as principal or accessory structures: trailers designed or used for over the road hauling, wheeled vehicles other than mobile homes, junk vehicles, bodies or parts of vehicles, and any similar man-made object or enclosure which constitutes a nuisance or represents a danger to public health or safety.[Ord. 2005-1; Ord. 2023-04]

         Accessory - a subordinate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the principal structure.

         Permanent - a structure which cannot readily be removed.

         Temporary - a structure which can readily be removed.

      Swimming pool - any pool or open tank containing, or normally capable of containing, water to a depth at any point greater than 1½ feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

      Television antenna - any device used for receiving video transmissions.

      Use - the specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

         (1)   Accessory use - a use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

         (2)   Principal use - the main or primary use of property or structures, measured in terms of net floor area, or where no net floor area exists, measured in terms of net land area.

      Variance - the permission, granted by the Zoning Hearing Board, following a public hearing that has been properly advertised, for a particular modification to some regulation or provision of the zoning provisions of this Chapter which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and intent of this Chapter.

      Wholesale establishment - a business devoted to the sale of commodities in quantity chiefly to retailers, other merchants, or industrial, institutional and commercial users mainly for resale or business use. Such commodities shall be limited to durable goods, sundries, dry goods and nonperishable items.

      Yard - a prescribed open area on a lot, unobstructed from the ground upward except as modified in § 27-401 of this Chapter.

         (1)   Front - an area bounded by the street line, front setback line and side property line.

         (2)   Rear - an area bounded by the rear property line, rear setback line and side property lines.

         (3)   Side - areas bounded by side property lines, and side, front and rear setback lines.