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.
ABUT(1) Physically touching or bordering on another lot, use, or district boundary; or
(2) Sharing a common boundary line. (See also "adjoining.")
ACCESS DRIVEA permanent service way, other than a street, which provides vehicular access from a street or public road to a lot; such as a driveway.
ACCESSORY BUILDINGA building subordinate to and detached from the principal or main building on the same lot, used for the purposes customarily incidental to that of the main or principal building.
ACCESSORY USEA use on the same lot with, and of a nature customarily incidental and subordinate to the principal use or the main building.
ADDITIONAny construction which increases the size of a building, such as a porch, attached garage or carport, or a new room or wing.
ADJOININGFor the purposes of this chapter, the term "adjoining" shall be defined as the sharing of all or part of a common lot line with another lot or parcel of land. (See also "abut.")
ADULT OTHERAny other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
AGENTAny person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, and/or applications to the Zoning Officer or other designated City official for the purpose of obtaining approval thereof.
AGE-QUALIFIED HOUSING PROJECTA residential housing development that is financed in part by either the U.S. Department of Housing and Urban Development (HUD) or the Pennsylvania Housing Finance Agency (PHFA) and meets the requirements outlined in 24 C.F.R. §§ 100.302, 100.303, or 100.304, as applicable.
AIRPORTExcept as otherwise specifically defined in the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports, but excludes private airports and heliports.
AIRPORT-RELATED FACILITIES(3) AIRCRAFT SALESAn establishment involving display, sale, or rental of new and used aircrafts, including airplanes, helicopter, and other motor-powered and non-motor-powered aircrafts, including gliders.
(4) AIRPORT OFFICEAny building in which one or more persons are employed in the management or direction of airport operations and maintenance.
(5) AIRPORT PARKINGAn open area of land or structure, other than a street, owned and/or maintained by an airport used for the long-term or short-term parking of vehicles with or without a fee being charged and available to the public, or as an accommodation to employees, clients or customers, or for the storage of delivery vehicles and rental cars and the like.
(6) AIRPORT SERVICE FACILITYA retail, professional and business office, hotel, business service, personal service establishment, or restaurant which are accessory uses to the operation of the airport, provide direct services to the traveling public and are located on the premises of or are directly related to an airport facility.
(7) AIRPORT TERMINALAny building in which one or more persons are employed for airline ticketing, luggage checking facilities, restaurants, bars, retail shops, confections, post office, lot shipping facilities and janitorial services.
(8) AIRPORT TRAFFIC CONTROL FACILITIESAny buildings, towers, observation decks, nav aids reserved for the communication and relay of aviation commands between ground operators and airborne vehicle operators.
ADULT-RELATED USESA business or club that engages in one or more of the following areas of sales, services or entertainment:
(1) ADULT BATH HOUSEAn establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, physical therapist or similar professional licensed by the commonwealth.
(2) ADULT BODY PAINTING STUDIOAny establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
(3) ADULT BOOKSTOREAny establishment that has a substantial or significant-portion of its stock-in-trade:
(a) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and
(b) Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
(4) ADULT CABARETA nightclub, theater, bar or other establishment that features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT MASSAGE ESTABLISHMENTAny establishment or business that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth, or a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA). This definition does not include an athletic club, health club, massage therapy establishment school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(6) ADULT MINI-MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of less than 50 persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(7) ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment that meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
(8) ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, that provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(9) ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(10) ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(11) ADULT NEWSRACKAny coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(12) ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business that provides an out-call service that consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service, during which time specified anatomical areas are displayed or specified sexual activity occurs.
(13) ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
(14) ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(15) ADULT VIDEO STOREA commercial use that has 50% or more of its stock-in-trade consisting of video tapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction or description of specified sexual activities or specified anatomical areas.
AISLEThe traveled way by which motor vehicles enter and depart parking spaces.
ALLEYA minor right-of-way other than a local, collector, or arterial street providing secondary vehicular access to abutting property on the side or rear of one or more properties, not intended for general traffic circulation.
ALTERATIONSAs applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a rear, front or side end or by increasing height or the moving from one location or position to another.
ALTERATIONS, STRUCTURALAny change in the supporting members of a building or structure such as bearing walls, columns, beams or girders.
AMENDMENTA change in use in any zoning district which includes revisions to this chapter's text and/or the Official Zoning Map.
ANIMAL HOSPITAL/VETERINARY CLINICAn establishment operated by a veterinary medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical treatment of domestic, agricultural or zoological animals, but excluding the boarding and grooming of animals not subject to medical or surgical treatment.
ANTENNAAny arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.
ANTENNA HEIGHTThe measurement of the overall vertical length of antenna and its support structure above the average finished grade. If such system is located on a building or other structure, the overall vertical length shall be measured and shall include the height of the building upon which the antenna and its structure is situated.
APPLICANTA landowner or developer (as herein defined) who has filed an application for development including his personal representatives, heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit or for the approval of a subdivision plat or plan or for approval of a land development plan.
AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."
AUTOMATED BANKING FACILITYAn establishment whereby automated devices that perform banking or financial functions are operated by the consumer or patron primarily for those who remain in their automobile, but may also be operated by those customers who walk up to the device.
AUTOMOBILE WRECKING, JUNK AND SCRAP STORAGE AND SALES ESTABLISHMENTSAn establishment used for the storage, collection, baling, packing, sorting, handling, disassembling, recycling, resource recovery, purchase or sale of any material which has been used, salvaged, scrapped or reclaimed, but is capable of being reused in some form including, but not limited to, metals, fiber, paper, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles which are inoperable and do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania, and motor vehicle parts, but not including garbage or other organic wastes. No material which fails to meet this definition because it is discarded and incapable of being reused in some form shall be placed in any establishment as herein defined. In no district shall this use be considered to be accessory or incidental to another use.
AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE RENTAL AND SALESAn establishment involving the indoor and/or outdoor display, sale, or rental of new and used cars, trailers, boats, heavy equipment, recreational vehicles, trucks, other similar motor vehicles, and mobile homes, and which may minor incidental mechanical repairs, state inspections, oil changes and lubrications, and tune-ups be conducted within an completely enclosed building as an accessory use, incidental to the principal use.
AUTOMOTIVE SERVICE STATIONAn establishment where passenger motor fuel, oil, grease, batteries, tires, or automobile accessories are supplied and dispensed at retail, which may include making minor incidental repairs, state inspections, oil changes and lubrications, and tune-ups. This use specifically prohibits body work; straightening of body parts, painting, welding, storage of wrecked vehicles, automobile sales, and other major mechanical work is not permitted as part of this use. This definition excludes general convenience stores.
AUTOMOTIVE VEHICLE REPAIR CENTER(1) An establishment where major and minor mechanical work, servicing and repair of passenger vehicles is conducted as a primary activity. Included in this definition are:
(a) Repair or overhaul of engines, transmissions, differentials, axles, spring, clutches, radiators, etc.;
(b) Tire sale, repair, wheel balancing, and front-end alignment facilities;
(c) Oil change establishments; and
(d) Collision service, including body, fender and frame repair, welding, painting and refinishing and glass replacement body work.
(2) This use also permits the retail sale of automotive parts and accessories but prohibits the sale of fuel for retail purposes.
BANKAn establishment in which money is kept for saving or commercial purposes or is invested, supplied for loans or is exchanged. A bank may also provide financial counseling, planning, and services related to money management.
BASEMENTA portion of building or space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet. A basement shall be counted as a story for living and occupancy purposes.
BEAUTY/BARBER SHOPAn establishment providing personal grooming services that may include hair cutting, coloring, facial, nail grooming, and ancillary uses such as tanning salons.
BED-AND-BREAKFASTAn establishment which is an accessory use to an owner-occupied single-family detached dwelling and/or its accessory structure that includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests and does not exceed the maximum number of overnight guests specified in Article
XX of this chapter for this use; and that does not provide any cooking facilities for actual use by guests, and that only provides one meal to overnight guests, employees of the establishment and residents of the single-family detached dwelling. Overnight stays shall be restricted to transient guests, and employees of the establishment and their family. This use does not include a boarding house, group home, hotel or motel.
BLOCKA unit of land bounded by streets or by a combination of streets and public land, rail rights-of-way, waterways or any other barrier to the continuity to development.
BOARDING HOUSEA residential use of a building in which individual room(s) that do not meet the definition of a lawful dwelling unit; or a dwelling unit with an occupancy of more than four unrelated persons or group otherwise not meeting the definition of family in said dwelling unit; is rented for more than five consecutive days. A boarding house may either involve or not involve the provision of meals to residents, but shall not include a restaurant open to the public. This term shall not include those uses meeting the definition of bed-and-breakfast, group home, hotel, motel, or nursing home.
BUFFER YARDAn open area whose dimensions may coincide with the normal building setback or yard requirements used to protect low-density or low-intensity uses and zoning districts from adjacent higher-density or higher-intensity uses and districts.
BUILDINGA man-made structure enclosed within exterior walls or fire walls and a roof; built, erected and framed of component structural parts; designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
BUILDING AREAThe total of area, in square feet, of all floors, excluding basement, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
BUILDING FOOTPRINTThe area of a building measured from the exterior surface of the exterior walls at grade level. Where a building is elevated above grade level, the building footprint is the area the building would cover if it were located at ground level.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade in front of the building where the address is taken to the top of the highest roof beams on flat or shed roofs, to the deck line of mansard roofs, and to the average distance between eaves and the ridge levels for gable, hip and gambrel roofs.
BUILDING SETBACK LINEThe line within the property defining the required distance between any principal or accessory building, and the adjacent street right-of-way or property line, and a line defining side and rear yards where required.
BUSINESS SERVICEAn establishment engaged in rendering services to businesses and offices on a fee or contract basis, including but not limited to advertising and mailing; data processing; secretarial; financial; photocopying; quick printing and fax; office supplies; building maintenance; equipment servicing, rental, leasing and sales; employment service; management and consulting services; and other similar business services.
CAR WASHAn area of land and/or a structure with machine- or hand-operated facilities used principally for the interior and/or exterior cleaning, washing, polishing, or waxing of motor vehicles and where no repairs or sales of petroleum fuel or lubricants are performed. A car wash facility may or may not include accessory uses such as auto detailing.
CARPORTA roofed structure providing space for the parking of motor vehicles in the same manner as a private garage, and enclosed on not more than three sides, and accessory to a principal or accessory building.
CARTWAYThat portion of the right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb or from one edge of driving surface to the other edge of driving surface.
CELLARA portion of a building or space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet.
CEMETERYAny public or private lot, building or structure that is designed for and used for the burial of the deceased, including columbaria, crematoria, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.
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 the chapter, thereby authorizing its right to continue until eliminated or abandoned.
CERTIFICATE OF USEThe certificate, based on an inspection signed and issued by the City Zoning Officer, which permits the use of a building, structure or use of a lot in accordance with the approved plans and specifications and which certifies compliance with the provisions of this chapter for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.
CHANGE OF USEA change of use existing within a building or on a lot to a new use which would be required to meet other provisions of the Zoning Ordinance.
CITY COUNCILThe City Council of Lock Haven, Clinton County, Pennsylvania.
CLEAR SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
CLINICAn establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers, and where patients are not usually lodged overnight.
CLUB ROOM, CLUB GROUND, OR MEETING HALL, PRIVATEAn establishment within which a private club conducts recreational, social, administrative or athletic activities primarily not for profit, providing that any vending stands, merchandise or commercial activities are conducted only as required generally for the membership of such club. Private club, club rooms and meeting halls shall not be used for adult-related facilities.
COFFEEHOUSEA retail food establishment whose primary business is the sale of coffee and other nonalcoholic beverages, and where food service such as the sale of baked or deli goods is secondary to the sale of beverages.
COMMERCIAL RECREATIONAny establishment operated as a gainful business whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:
(1) INDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, swimming pool, dance or gymnastic instructional school, tennis courts, etc., when operated within a completely enclosed building. This use does not include a theater.
(2) OUTDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. This use excludes a park, golf course and an outdoor shooting range.
COMMON WALLA shared wall between two separate structures, buildings, or dwelling units.
COMPREHENSIVE PLANThe official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.O. 805, No. 247, as amended and reenacted, consisting of maps, charts and textual material, that constitutes decisions about the physical and social development of the City of Lock Haven as amended from time to time.
CONDITIONAL USEA use permitted and approved by the City Council in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter. Procedures and criteria for granting approval shall comply with provisions of Article
XXII of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
CONDOMINIUMA set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a shared interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.
CONTRACTOR'S YARDAn establishment of any general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein.
CONVENIENCE STOREAn establishment primarily engaged in the retail sale of frequently or reoccurring needed goods for household consumption.
(1) GENERAL CONVENIENCE STOREA convenience store which generally includes the retail sale of fuel for passenger vehicles, oil, grease, automobile accessories, propane, kerosene, along with prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware.
(2) NEIGHBORHOOD CONVENIENCE STOREA convenience store which generally includes the retail sale of prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware. Neighborhood convenience stores generally shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets.
CORRECTIONAL FACILITYA public or privately owned building or structure and related facilities used for the housing or detention of persons who have been charged with or have been convicted of criminal offenses.
COUNTRY CLUB/GOLF COURSEA recreational facility operated by a public or private entity which has, as its principal use, facilities for playing golf and which may include one or more of the following accessory uses: a clubhouse, restaurant, locker rooms, pro shop, swimming pool and facilities for racquet sports.
COUNTYClinton County, Pennsylvania.
CRAFTSMAN OR ARTISAN STUDIOAn establishment primarily engaged in the on-site production, display and sale of goods created on-site by hand manufacturing involving only the use of hand tools or domestic mechanical equipment not exceeding eight kilowatts. Typical uses include painting and other media-art, ceramics, fabric crafts, candle-making, and jewelry manufacturing. All such production associated with this use shall occur within a completely enclosed building.
CRIMINAL HOUSING FACILITY(1) A use (other than a "correction facility," "treatment center" or a "halfway house" as otherwise defined in this article) providing housing facilities for persons who require restricted or specialized housing because of their status as:
(b) Inmates in prerelease status.
(d) Court-adjudicated juveniles.
(2) Such restricted or specialized housing shall include such uses as criminal rehabilitation facilities, criminal halfway houses, criminal transitional living facilities, criminal prerelease centers, community corrections housing facilities and juvenile facilities, but this definition excludes any uses otherwise specifically defined in this article, including housing facilities for persons convicted of driving under the influence of alcohol as defined under "treatment center."
CURATIVE AMENDMENTA specific process provided in the Pennsylvania Municipalities Planning Code whereby an individual landowner or the municipality may propose an amendment to cure or overcome a perceived invalidity of a zoning ordinance.
CURB CUTThe opening along the curbline at which point vehicles may enter or leave the roadway.
DAY CAREThe offering of care or supervision of persons under the age of 16, special needs adults in lieu of care or supervision by family members, or elderly persons. This definition does not include the offering of overnight accommodations.
(1) DAY CARE, ACCESSORYAn accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. An accessory day care does not require zoning approval.
(2) DAY CARE, COMMERCIALAn establishment operated as a gainful business which the care and supervision to more than six nonresidents of the site during any calendar day. Commercial day care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania.
(3) DAY CARE, FAMILYAn accessory use to a single-family detached dwelling, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered with the Pennsylvania Department of Public Welfare of the Commonwealth of Pennsylvania.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of Clinton County.
DECKA structure with or without sides projecting from the front, side or rear wall of a building.
DENSITYA ratio of the number of dwelling units per acre which occupy, or may occupy, an area of land.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of the landowner, who makes or causes to be made a subdivision or land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile home or manufactured housing; streets, and other paving; utilities; filling; grading and excavation; mining; dredging or drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENTAL DISABILITYA disability of a person which has continued or can be expected to continue indefinitely, which disability is attributable to mental retardation, cerebral palsy, epilepsy or autism; is found to be attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or is attributable to dyslexia resulting from such disability.
DRIVE-IN USEAn establishment which by design, physical facilities, service, or by packaging procedures encourages or permits patrons and customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles, but also serve those customers who walk up to a window counter.
DRIVE-THROUGHA portion of a business establishment depending on providing an access drive approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or a structure.
DRIVEWAYA vehicular service way providing access between a street and a parking area or garage on a lot or property.
DWELLINGA building or portion thereof located on a permanent foundation and designed or used as the permanent living quarters for one or more families, not including those uses meeting the definition of boarding house, hotel, or motel.
DWELLING TYPE(1) DWELLING, MULTIFAMILYA building having three or more individual dwelling units, designed to be used or occupied as a residence by three or more families living independently of each other, located upon one lot. This term shall include those uses considered apartment buildings/houses and other similar-family residential buildings occupied for and used for individual dwelling units, but shall not include those uses meeting the definition of bed-and-breakfast, boarding house, group home, townhouse, row house, hotel, motel, or nursing home. Minimum floor area must comply with the most recent building code in effect at the time of erection.
(2) DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE/ROW HOUSE)A building having only one dwelling unit accommodating a single family, attached to two or more dwelling units in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant party walls. Minimum floor area must comply with the most recent building code in effect at the time of erection.
(3) DWELLING, SINGLE-FAMILY DETACHEDA building having only one dwelling unit accommodating a single family, upon one lot and having four yards (two sides, one front and one rear). Minimum floor area must comply with the most recent building code in effect at the time of erection.
(4) DWELLING, SINGLE-FAMILY SEMIDETACHEDA building having only one dwelling unit accommodating a single family upon one lot and having three yards (one side, one front and one rear), attached to one other dwelling unit separated from any other unit by one common fire-resistant party wall and which each unit has its own front and rear access to the outside, no unit is located over another unit. Minimum floor area must comply with the most recent building code in effect at the time of erection.
(5) DWELLING, TWO-FAMILYA building having two dwelling units upon one lot, accommodating two families and may be either: semidetached with one family living on either side of a common fire-resistant party wall; or with one family living over the other; each with its own exterior (to the unit) entrance door. Minimum floor area must comply with the most recent building code in effect at the time of erection.
DWELLING UNITOne or more room(s) which is designed and used exclusively as an individual unit of habitable residential living purposes of not more than one family, and includes separate cooking and sanitary facilities serving said individual unit, and which is accessible from the outdoors, either directly or by an access shared with other dwelling units.
EMERGENCY SERVICES FACILITYAn establishment used for the maintenance, fueling, storage, dispatching or parking of vehicles and/or equipment utilized to provided police, fire, rescue or ambulatory services.
ESSENTIAL SERVICEThe provision by public utilities, municipal or other governmental units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities, and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or governmental units or for the public health, safety or general welfare.
FACADEThe front face or elevation of a building, often the side of the building facing the street.
FAMILYAn individual person, two or more persons related by blood, marriage, or adoption, or a group of not more than four persons who are not related by blood, marriage, or adoption living together in an individual dwelling unit as a single housekeeping unit. This term shall also include the number(s) of unrelated persons defined by and consider those living in a licensed group home and licensed group residence.
FARMERS/FLEA MARKETAn indoor and/or outdoor establishment used for the sale of assorted new and used goods by auctioneers or by vendors on a periodic basis.
FENCEAny freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry, singly or in combination, erected for the purpose of screening or dividing one property from another to assure privacy, or to protect the property so screened or divided, or to define and mark the property line.
FILLThe difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; or the material used to make a fill which is in turn used to elevate or floodproof a building or structure.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot measured from the exterior faces of walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage and the operation and maintenance of the building.
FLOOR AREA, GROSS LEASABLEThe sum of the floor area of the several floors of a building designed for the conduct of business and occupancy by an owner or tenant, as measured to the center of the interior joint walls and exterior of outside walls. For purposes of this definition, "gross leasable floor area" shall not include public or common areas such as utility rooms, stairwells, hallways or corridors, etc.
FLOOR AREA, HABITABLEThe sum of the floor area of the several floors of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including basement, attic space, service rooms or areas such as utility rooms, unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.
FOOD SERVICE FACILITYAn establishment in which food is processed and/or prepared on the premises, and may be sold on the premises. This term shall also include bakeries and catering establishments.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FUNERAL HOMEAn establishment conducting embalming and cremation of the deceased prior to burial, but not including cemeteries, columbaria, mausoleums, entombments, and for the viewing of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATEAn enclosed or covered space used as an accessory use for the storage of one or more motor vehicles; provided, that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased.
GARAGE, PUBLICA City-owned and/or operated building or structure where motor vehicles can be stored or parked for a prearranged fee.
GOVERNING BODYThe City Council of Lock Haven, Clinton County, Pennsylvania.
GREENHOUSEA building whose sides and roof are made largely of glass or other transparent or translucent material, and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment. (See also "plant nursery.")
HALFWAY HOUSEA use (other than a "criminal housing facility" or "treatment center" as otherwise defined in this article) as a residence for those who have completed treatment at a rehabilitation facility but are not yet ready to return to independent living in the community and where residents participate in structured programs designated to ease successful reintegration into society.
HEALTH AND FITNESS CLUBAn establishment that offers active indoor recreational activities, fitness activities, or both. Such activities are provided only to club members and their guests. Such facilities do not include any outdoor facilities, golf courses or other uses identified as indoor commercial recreation.
HOME OCCUPATIONA business or commercial activity, other than a no-impact home occupation, administered or conducted as an accessory use which is clearly secondary to the principal use of a single-family detached or single-family semidetached dwelling for gainful employment involving the manufacture, provision or sale of goods and/or services. The use is clearly incidental and secondary to the principal use of the single-family detached or single family semidetached dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part.
HOSPITALAn establishment licensed in the commonwealth as a hospital, which renders inpatient and outpatient medical care for a twenty-four-hour-per-day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all uses are contained upon the hospital property. A medical care use that does not provide overnight stays nor for periods longer than 24 continuous hours shall be considered a medical office. A treatment center shall also be permitted with a conditional use approval as an accessory use within an existing building of an existing permitted state-licensed general hospital within the Public Institutional District. Any expansion of such treatment center or any relocation from one building to another building shall require conditional use approval.
HOTELAn establishment which provides transient lodging accommodations to the general public in sleeping units which each have separate access to a common interior corridor and which may provide such additional supporting services such as restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor.
HOUSEHOLD PETSAn animal that is normally or can generally be kept within the immediate living quarters of a residential structure. However, the keeping of horses as pets is permitted in accordance with the provisions in Article
XX of this chapter.
HOUSEHOLD PETSDogs, cats and other similar animals that are housed in a private residence as personal companions. Livestock, agricultural animals, including but not limited to chickens and ducks, and zoological animals, shall not be considered household pets.
HOUSING (FOR ELDERLY AND/OR DISABLED PERSONS)A residential building or complex of buildings with dwelling units specifically designed for the use of and occupied by any person(s) 55 years of age or older and their spouse and dependent relatives, or any person(s) less than 55 years of age who has a record of or is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of that person(s) and their spouse and dependent relatives and live-in caregivers. Impairment does not include those exemptions listed in the Americans with Disabilities Act of 1990.
INDUSTRIAL USES(1) (a) Involving the processing and manufacturing of semifinished and/or finished materials or products predominately from extracted, raw, and/or recycled materials;
(b) Engaged in the storage of, manufacturing processes using, and/or shipping of flammable or explosive materials; and/or
(c) Engaged in the storage, manufacturing processes, and/or shipping of materials or products that potentially involve hazardous or commonly offensive conditions; and
(d) Due to the more intensive nature of the processes, materials, products, etc. such uses may disturb or endanger neighboring properties.
(2) (a) Involving the manufacturing, predominately from previously prepared semifinished or finished materials products or parts, finished materials and products, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution, as well as the repair of such finished products, but:
(b) Excluding the processing of extracted, raw, and/or recycled materials; and
(c) Due to the lower-intensity nature of processes, materials, or products, produce no noise, vibration, air pollution, fire hazard or noxious emission, which would disturb or endanger neighboring properties.
(d) Establishments involved in the production and/or repair services when such facilities are in a completely enclosed building including home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; mass-produced furniture; wood products such as cabinetry, printed material; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; lightweight metal castings; film processing; light sheet metal products; tinsmithing, welding, plumbing, heating, ventilating and air-conditioning plastic goods; pharmaceutical goods; and food products, but not animal slaughtering or curing nor rendering of fats.
JUNKAny discarded article or material, including but not limited to, scrap metal, paper, rags, glass, containers, tires, junked or abandoned motor vehicles, trailers, machinery and equipment, and other salvageable materials. "Junk" shall not include hazardous wastes or materials, industrial residual wastes, or municipal wastes as defined in the Pennsylvania Solid Waste Management Act.
KENNEL, COMMERCIALA business offering housing or boarding of domestic animals and which is operated for a profit.
LAND DEVELOPMENTAny of the following activities:
(1) The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(b) The division or allocation of land 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.
(3) The following are exempted from the definition of "land development":
(a) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(b) The addition of an accessory building, including a farm building, on a lot or lots subordinate to an existing principal building; or
(c) The addition or conversion of a building for rides within the confines of an enterprise, which would be considered an amusement park. For the purpose of this subsection, an "amusement park" is defined as a tract or area used principally as a location for a permanent amusement structures or rides. This exclusion shall not comply to newly acquired acreage by an amusement park until initial land for the expanded area have been approved by the proper authorities.
LANDOWNERThe 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 the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPING CENTER/NURSERYAn establishment engaged in the raising non-agriculturally related trees, shrubs, flowers, and other plants for wholesale or retail sale or for transplanting.
LAUNDROMATAn establishment equipped with individual clothes-washing and drying machines and/or dry-cleaning machines for use and operation by patrons.
LICENSED GROUP HOMEA place, home, or institution which is licensed and directly associated with and operated by a responsible individual, family or organization with a program of care and supervision of the residents by full-time professional, resident staff providing a supportive living arrangement including board, shelter, and personal services to not more than eight persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial, or social differences. (Examples of such persons include but shall not be limited to the mentally challenged, physically handicapped; elderly. This definition shall expressly include facilities for the care of developmentally disabled persons.)
LICENSED GROUP RESIDENCEAn institution which is licensed and directly associated with and operated by a responsible organization with a program of care and supervision of the residents by full-time professional, resident staff providing a supportive living arrangement including board, shelter, and personal services to nine but not more than 16 persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial, or social differences. (Examples of such persons include but shall not be limited to the mentally challenged, physically handicapped; elderly. This definition shall expressly include facilities for the care of developmentally disabled persons.)
LIGHTING(1) DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
(2) DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
(3) INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector for which it is reflected to be illuminated.
LIVESTOCKCattle, pigs, goats, horses, sheep, llamas, emus, ostriches, and other similar types of animals with hooves, whether split or not.
LOADING SPACE OR UNITAn off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary stopping of commercial vehicles while loading or unloading merchandise or materials and which abuts upon an alley, street or other appropriate means of access to a street.
LOTA designated parcel, tract or area of land established by plat, subdivision or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe area contained within the lot lines of a lot, excluding space within all streets and within permanent drainage easements, but including the areas of all other easements.
LOT, CORNERA lot or parcel abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
LOT COVERAGEThat portion or percentage of the plot or lot area covered by any material that prevents the absorption of stormwater into the ground, including buildings, sidewalks, driveways/access drives, but excluding surface water area of swimming pools.
LOT, FLAGA lot not fronting on or abutting a public roadway except for a narrow strip of ground or private right-of-way not less than 24 feet wide.
LOT LINEA line of record bounding a lot which divides one lot from another lot or from a public or private street.
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 Clinton County, Pennsylvania.
LOT WIDTHThe continuous linear horizontal distance measured at the required front setback, between side lot lines for interior lots. For corner lots, lot width shall be measured at both required front setbacks, one between a front lot line and opposite rear lot line, and one between a front lot line and opposite side lot line.
MANUFACTURINGThe act of producing, preparing and assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.
MASSAGE THERAPY ESTABLISHMENTAny business or part thereof, other than an adult massage establishment, where massage services are provided by a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA).
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MINERAL BATCHING OR MIXING PLANTA facility where extracted materials are amassed, sorted, mixed, and/or crushed, ground, or otherwise treated for distribution or use or sale.
MINERAL EXTRACTION OPERATIONThe commercial extraction of natural minerals from the earth, including facilities for the batching or mixing of extracted materials. Oil and gas operations shall not be considered to be mineral extraction.
MINI-STORAGE/SELF-STORAGE FACILITYAn establishment including a building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities shall be permitted.
MOBILE HOMEA transportable, single-family dwelling located on a permanent foundation intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land greater than or equal to the minimum size set forth in Article
XX of this chapter which has/have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTELAn establishment which provides transient lodging accommodations to the general public in sleeping units which each have separate access directly to the outside and which may provide such additional supporting services as restaurants, recreation facilities and living quarters for a resident manager or proprietor.
MULTI-MIXED-USE FACILITYAny combination of uses, including but not limited to, offices, commercial and light industrial in one or more structures on a single parcel or contiguous parcels under the same ownership.
NEIGHBORHOOD RETAIL/SERVICEAn establishment conducting the following retail and personal service business, or professional service establishments are permitted within specified residential zoning districts as permitted uses: neighborhood convenience store; barber and beauty shops; gift/craft shops; business and medical offices; and restaurants, which are limited to 900 square feet of floor area devoted to the business and intended to supply commodities or perform services for residents of the neighborhood. This use may include one accessory residential dwelling unit located within the principal building. The sale, service or distribution of alcoholic beverages is prohibited.
NO-IMPACT HOME OCCUPATIONA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy all requirements set forth in Article
XX of this chapter.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
NURSING HOMEAn establishment, licensed by the Commonwealth of Pennsylvania, engaged in providing twenty-four-hour inpatient nursing and health-related personal care for nine or more adults, utilizing in whole or part licensed and/or registered nurses, excluding hospital services and excluding day-to-day personal care which is not health care by licensed or registered nurses.
OFFICE, BUSINESSA building or part of a building in which one or more persons are employed in the management, direction or conducting of business/commerce and whose staffs/employees serve clients who seek advice and consultation regarding business/commerce. A business office may include the administrative, corporate or professional offices for profit, nonprofit or charitable organizations.
OFFICE/CLINIC, MEDICALA building or structure where one or more licensed medical professionals, provide diagnosis and treatment to the general public without surgical procedures, overnight accommodation or pharmacy and shall include such uses as reception areas, offices, consultation rooms, and X-ray, providing that all such uses have access only from the interior of the building or structure.
OIL AND GAS OPERATIONThe underground exploration for, and commercial extraction of, crude oil and natural gas.
OPEN SPACESpace not occupied by a structure, open to the sky, and on the same lot with a building or structure.
PARKA public or private lot or portion thereof that is used for active and/or passive recreational uses; and includes all landscaping, facilities and apparatus, playing fields, playgrounds, play equipment, utilities, buildings and other structures that are consistent with the general purposes of a park, and whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements to the applicable government unit.
PARKING COMPOUNDA public or private lot, building or structure that is designed and used for the short-term, daily, or overnight off-street storage and parking of passenger vehicles. This use shall include surface parking lots and parking structures including buildings and decks.
PARKING SPACEA space within an off-street parking compound or within a dedicated public right-of-way, for the parking of passenger vehicles.
PARKING SPACE, OFF-STREETA space within a parking compound, for the off-street temporary storage and parking of passenger vehicles.
PARKS and PLAYGROUNDSA public or private lot or portion thereof that is used for active and/or passive recreational uses, including all landscaping, facilities and apparatus, playing fields, playgrounds, play equipment, utilities, buildings and other structures that are consistent with the general purposes of a park, whether such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements to the applicable government unit.
PATIOAn outside surfaced area at ground level or no more than eight inches above ground level having no roof and no sides. For the purpose of the chapter, a patio is not considered a part of the principal building and is not permitted to extend into any required yards.
PERMANENT FOUNDATIONAn underlying prepared base or support of cemented concrete blocks or similar masonry placed upon a footer upon which a structure is placed. The foundation must be completely enclosed, exclusive of half windows, windows or doors, except as otherwise required.
PERMITTED USEA principal use allowed in a zoning district, subject to the applicable district regulations.
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 CENTERA building or structure, licensed by the Commonwealth of Pennsylvania, in which food, shelter and personal assistance and/or supervision by full time, professional resident staff are provided for a period exceeding 24 hours for nine or more adults who are not relatives of the operator, who do not require the services in or of a "nursing home" but who do require assistance or supervision in matters such as dressing, bathing, diet, financial matters, evacuation of a residence in the event of an emergency or medication prescribed for self-administration.
PERSONAL CARE HOMEA building or structure, licensed by the Commonwealth of Pennsylvania, in which food, shelter and personal assistance and/or supervision by full-time, professional resident staff are provided for a period exceeding 24 hours for four to eight adults who are not relatives of the operator, who do not require the services in or of a "nursing home" but who do require assistance or supervision in matters such as dressing, bathing, diet, financial matters, evacuation of a residence in the event of an emergency or medication prescribed for self-administration.
PERSONAL SERVICESAny enterprise providing domestic commodities and services pertaining to the person, their apparel or personal effects commonly carried on or about the person, including but not limited to shoe repair, tailoring, clothes cleaning, watch repairing, barbershops, beauty parlors and related activities.
PLACE OF ASSEMBLYAny public or private lot, building or structure that is designed for the assembly or collection of persons at any one time, or adapted or used for purpose of assembly, where persons may congregate for civic, political, religious, educational, social, recreation and amusement purpose. A place of assembly shall include uses such as a performing arts theater.
PLACE OF WORSHIPAn establishment wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all buildings accessory buildings, structures and uses customarily associated with such primary purpose including rectories, convents and church-related schools and day-care facilities. Includes synagogue, temple, mosque, or other such place for worship and religious activities.
PLANNING COMMISSIONThe Planning Commission of the City of Lock Haven, Clinton County, Pennsylvania.
PLANT NURSERYLand and/or greenhouses used to raise flowers, shrubs, trees and plants for public use or sale or private use.
PLATA map or layout of a subdivision or land development, whether preliminary or final.
PORCHA roofed-over structure projecting from the front, side or rear wall of a building. For the purpose of this chapter, a porch is considered a part of the principal building and is not permitted to extend into any required yards.
POST OFFICEA facility owned and/or maintained by the United States Postal Service for the purpose of distributing mail to the public.
PREMISESAny lot, parcel or tract of land and any building constructed thereon.
PRINCIPAL BUILDINGA building in which is conducted the principal or main use of the lot on which it is located, and which is not an accessory building.
PRINCIPAL USEThe main or primary purpose for which a building, other structure and/or land is used, occupied or maintained under this chapter. All other structures or uses on the same lot which are supplemental thereto and permitted under this chapter shall be considered accessory uses.
PRIVATE CLUBAn organization catering exclusively to members and their guests and not the general public. Private clubs shall include but not be limited to, educational, fraternal, service and political organizations, labor unions and social and athletic clubs.
PROPERTY LINEA recorded boundary of a lot; provided, however, that any property line that abuts a street or other public way shall be measured from the edge of the full right-of-way of such street or public way.
PUBLIC BUILDINGAny structure used or intended for supporting or sheltering uses for the public including municipal, county, state and federal government units.
PUBLIC GROUNDSIncludes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(3) Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S. Ch.
7 (relating to open meetings), in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the City. 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, in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
PUBLIC RIGHT-OF-WAYA strip of land acquired by the Commonwealth of Pennsylvania or the City of Lock Haven via reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses, and maintained by the Commonwealth of Pennsylvania or the City of Lock Haven.
PUBLIC/PRIVATE WORKS FACILITYThe erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, public transportation and road maintenance facilities, and other similar public service structures by a utility, whether publicly or privately owned, or by a municipal or other government agency, including the furnishing of electrical, gas, communication, water supply and sewage disposal services.
RAIL YARDThe use of a lot, or building or structure or part thereof for activities directly associated with the operation of a railway. Without limiting the generality of the foregoing, such activities may include loading and off-loading freight, and/or maintenance and repair of railway cars.
RECREATIONAL EQUIPMENTIncludes travel trailers, pickup coaches, motorized homes and recreational vehicles as follows:
(1) BOATA vessel designed or used to travel on water.
(3) MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(4) PICKUP COACHA structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling, travel, recreational and vacation purposes.
(5) TRAVEL TRAILERA portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational and vacation purposes and permanently identified as a travel trailer by the manufacturer of the trailer.
RECYCLING COLLECTION POINT, PUBLICAny place that serves as a collection point for the temporary storage of refuse items, such as bottles, cans, and newspapers, from which resources are recovered at another location.
RESEARCH AND DEVELOPMENTAny establishment which carries on investigations in the natural, physical, technical or social science or engineering and development as an extension of such investigation with the objective of creating end products.
RESEARCH LABORATORYA building or groups of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products except as accessory and incidental to the main purpose of the laboratory.
RESTAURANTAn establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises. A restaurant may include the accessory sale of alcoholic beverages. However, if such sales is a primary or substantial portion of the total trade, the requirement of a "tavern/bar," as applicable, must be met.
RETAIL BUSINESSAn establishment located entirely within an enclosed building which sells goods or merchandise and repair services for goods or similar merchandise sold on the premises to the general public for personal, household or office consumption and which shall not include wholesaling, light industrial or processing of the goods offered for sale.
ROADSIDE STANDA temporary or permanent booth, stand or shelter located along a roadway (but off the road right-of-way), from which farm, plant nursery or greenhouse products primarily grown or raised on the adjacent or nearby premises are offered for sale to the general public.
SCHOOL, COMMERCIALAn academic or nonacademic establishment providing nonacademic training, vocational or trade-related educational courses and/or programs.
SCHOOL, PUBLIC OR PRIVATEAny public, sectarian, or private nonprofit establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and/or vocational educational services for state-required or largely state-funded programs at the kindergarten, elementary, and secondary levels. This term shall not include those uses considered commercial schools.
SCREENINGThe provision of a barrier to visibility, airborne particles, glare and noise between adjacent properties uses and/or districts composed entirely of trees, shrubs, sight-tight fences, walls and/or other similar type materials.
SETBACKThe distance between a building and any lot line.
SHOPPING CENTERA group of stores planned, designed and constructed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit.
SPECIAL EXCEPTIONA use permitted and approved by the Zoning Hearing Board in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter. Procedures and criteria for granting approval shall comply with provisions of Article
XXIII of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
STABLE, PRIVATEAn accessory building in which horses are raised or kept for personal use, and not for hire, remuneration or sale.
STOOPA covered or uncovered structure projecting from the front, side or rear door of a structure not exceeding 25 square feet.
STORYThat portion of a building included between the surface of any floor and the surface of the floor or ceiling immediately above it.
STREETThe word "street" includes any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINEThe dividing line between the street and the lot, usually referred to as the "right-of-way line."
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, building or lot development; provided, however, that the subdivision of land by lease of land for agricultural purposes into parcels of more than 10 acres, and not involving any new street or easement of access or any residential dwelling, shall be exempted.
SWIMMING POOLA water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 24 inches, designed, used and maintained for swimming and bathing. Farm ponds and/or lakes are not included; provided, that swimming was not the primary purpose for their construction.
TAVERN/BARAn establishment where the principal use is primarily serving alcoholic beverages by the drink to the general public mostly for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food and packaged beverages as an accessory use.
TEMPORARY STRUCTUREA nonpermanent structure or building which is permitted or authorized to be located on a lot for a specified duration.
TEMPORARY USEA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
THEATERA building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or uses considered adult mini-motion and motion-picture theaters.
TREATMENT CENTERA use (other than a "correctional facility" or "criminal housing facility" or "halfway house" as otherwise defined in this article) providing housing facilities for persons who need specialized housing, treatment and/or counseling because of: a conviction or convictions for driving under the influence of alcohol; chronic abuse of or addiction to alcohol and/or a controlled substance; or a type of mental illness or other behavior that can reasonably be expected to cause a person to be a threat to the physical safety of themselves or others.
TRUCK REPAIR AND SERVICE FACILITYAn establishment providing towing, repair, service, inspection, washing of, and/or other similar services for trucks. Such a use may include the sale of lubricants, tires, batteries, motor fuel and other petroleum products, truck accessories and equipment. This use shall include temporary storage of wrecked and inoperable vehicles awaiting repair.
TRUCK STOP/TRAVEL PLAZASA premises used for the refueling, maintenance and/or service activities for such vehicles and their drivers. These activities or services may include, but are not limited to, dispensing motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodations, showers or laundry facilities, truck services, including repair services, overnight truck parking and vehicle washing.
TRUCK TERMINALAn area or structure where trucks load and unload goods, products, cargo, materials and/or freight and where the same may be broken down or aggregated into smaller or larger loads for transfer to other motor vehicles or modes of transportation or to other points or junctions. This use may include servicing and truck repair facilities, fueling, dispensing, storage of petroleum products and overnight accommodations. Truck "dropoff lots," "drop-and-hook lots" or similarly defined facilities shall be governed under this definition.
UNIVERSITY HOUSINGHousing offered by colleges and/or universities to accommodate students in attendance at the university to include, but not limited to, dormitory housing and dwelling-type housing. Said housing must be located on a lot owned by the college and/or university or by a college and/or university foundation.
UNIVERSITY/COLLEGEAn educational establishment, authorized by the Commonwealth of Pennsylvania as such to award associate, baccalaureate or higher degrees, including principal uses for classrooms, libraries, auditoriums, gymnasiums, stadiums, administrative offices, dormitories and dining facilities, boarding houses, maintenance and operating facilities, as well as ancillary uses, such as research facilities, retail services and businesses that support student, faculty and staff needs.
USEThe specific purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.
VARIANCERelief granted by the Zoning Hearing Board from the technical provisions of this chapter, which if strictly adhered to would inflict unnecessary hardship upon the applicant. Procedures and criteria for granting such relief shall comply with provisions of Article
XXIII of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
VETERAN HOUSING PROJECTA residential housing development that is financed in part by either the U.S. Department of Housing and Urban Development (HUD) or the Pennsylvania Housing Finance Agency (PHFA) and designed to provide affordable and supportive living spaces exclusively for U.S. military veterans and their immediate family members. Each dwelling unit within a veteran housing project may only be occupied by a veteran and his or her immediate family members.
WAREHOUSEAn establishment used primarily for the indoor storage and handling of products, supplies, equipment, but not including the maintenance or fueling of commercial vehicles.
WAREHOUSING, DISTRIBUTION AND WHOLESALINGA use engaged in the storage, wholesale and/or distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazard or commonly recognized offensive conditions, and also excluding any heavy equipment or truck washing, servicing and/or repair, unless such uses are specifically permitted in that zoning district. Wholesaling of products, supplies and equipment shall not be open to or accessible by the general public, unless incidental to the principal warehousing operation.
YARDAn open space from grade level to the sky unoccupied by a building or structure.
YARD, FRONTThe open space extending the entire width of the lot between the front building line of the principal building and the street right-of-way.
YARD, REARThe open space extending from the rear of the principal building to the rear lot line (not necessarily a street line) throughout the entire width of the lot.
YARD, SIDEThe open space extending from the side of the principal building to the side lot line through the entire depth of the building.
ZONINGA police power measure, enacted pursuant to the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended by the City of Lock Haven, in which the City is divided into districts or zones within which permitted and special uses are established as well as regulations governing lot size, building bulk, placement and other development standards.
ZONING DISTRICTA section of the City designated by and pursuant to this chapter via text and delineated on a related map, in which requirements for the use of land and building and development standards are prescribed.
ZONING HEARING BOARDThe Zoning Hearing Board of the City of Lock Haven as duly constituted by and established pursuant to the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.
ZONING MAPThe Official Zoning Map of the City of Lock Haven, Clinton County, Pennsylvania, together with all notations, references and amendments which may hereafter be enacted. Said map is made a part of this chapter.
ZONING OFFICERThe individual authorized by the City Council to administer and enforce this chapter in accordance with its literal terms.
ZONING PERMITThe permit required by this chapter which states the purpose for which a building, structure, or land is proposed to be used is in conformity with the use regulation, the dimensional requirements, and all other applicable provisions of this chapter.