Marcus Hook City Zoning Code
ARTICLE II
Definitions
§ 196-8 Interpretation of language.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated herein. Words used in the present tense include the future. The singular shall include the plural, and the plural shall include the singular. The word "building" includes the word "structure." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for." The word "person" includes an individual, corporation, partnership, incorporated association, or any other similar entity. The words "includes" or "including" shall not limit the term to the specified examples but are intended to extend their meaning to all other instances of like kind and character. The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive. Terms not defined herein shall have the meanings customarily assigned to them.
§ 196-9 Definitions.
In this chapter, words, terms, and phrases shall have the following meanings:
Where a building or land is abandoned for 12 consecutive months or more, whereby the owner discontinues the maintenance, use, or any activity, the building or structure shall be declared abandoned and may be required to be removed. In the case of abandonment of a nonconforming use, § 196-150 applies.
A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Activities, publications, movies, videotapes, and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of human anatomy which is not normally seen in public or in other commercial or club-type operations and which may or may not exclude minors by virtue or age. Implicit in this definition are the following: bookstores, movie theaters, restaurants, bars, and any other operation which qualifies for inclusion by virtue of the above wording, regardless of the type of other uses or operations which may also be conducted on or in the property or properties involved.
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress and egress, or any enlargement to or diminution of a building or structure, or the moving of a building from one location to another.
Modifications to an existing structure that are of a cosmetic nature, replacement of utilities, or rearrangement of non-load-bearing partitions.
Any device or mechanism used in the collection, transmission, routing, or receiving of telecommunications transmissions, radio signals, or radio frequency energy, including, but not limited to, use by or provision of wireless communications, cellular communications, and personal communications services.
Any pole, telescoping mast, tower, tripod, or any other structure which supports or has attached to it an antenna or antennas.
A structure containing three or more apartment units.
One or more rooms with individual access, private bath and kitchen facilities, comprising an independent, self-contained dwelling unit in a building.
An enclosed area located partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
A strip of land intended to separate one use or district from another by providing an open, unobstructed space intended to absorb, shield, or block noise, light, view, or other impacts of the use having the greater impact. Buffers shall be planted with grass or other ground cover and may be part of the required yards. Buffers are often employed between a residential district and an abutting nonresidential district having greater impacts. There shall be no structures other than fences and no equipment, storage, parking, or trash disposal in buffer areas. Dimensions of buffers shall be as required by the zoning district.
Any structure, either temporary or permanent, having a roof or other covering and designed or used for shelter or enclosure of any person, animal, property, or equipment of any kind.
The ratio obtained by dividing the ground floor area within the outside of the exterior walls of all principal and accessory buildings on a lot by the total area of the lot upon which buildings are located.
The vertical distance measured from the average level of the ground surrounding the structure to the top of the highest point of the roof for flat roofs and to the ridge of the gable, hip, and gambrel roofs. Chimneys, spires, towers, steeples, mechanical equipment, tanks, vessels, antennas, and similar projections of the buildings not intended for human occupancy shall not be included in calculating the height, unless specifically stated otherwise in this chapter.
A line, parallel to the street right-of-way line, which establishes the actual location of the front wall of the principal building on the lot.
A line, parallel to the street right-of-way line, at a distance that is at least equal to the depth of the front yard required for the district in which the lot is located.
A tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial or business establishments, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
A restaurant designed so that customers carry their meals from a counter to their tables.
A tract or parcel of land that contains the wireless, cellular, or personal communications service antenna, its antenna support structure, accessory buildings, and parking and may include other uses associated with and ancillary to providing wireless communications, cellular communications, or personal communications services.
A facility which includes the sending and receiving antennas, antenna support structures, and associated electronic equipment that is located in a prefabricated or modular structure or cabinets.
A document issued by a duly authorized local authority allowing the occupancy of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable local codes and ordinances.
A facility that is licensed to provide care for seven or more children unrelated to the operator, where the child care areas are not being used as a family residence.
A comprehensive long-range plan intended to guide the growth and development of a community or region that includes analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities, land use, and related areas.
A change in the use of a building such as the change of a single-family dwelling into a multifamily dwelling or the change of a residential or retail use to offices. Such change may be accomplished without subdivision or the introduction of a new owner. Where the use and dimensional regulations of this chapter permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits.
The total volume of a structure (height multiplied by length multiplied by width), but excluding that portion of a stack or other projection that is higher than the highest point of the principal building.
The maximum number of dwelling units per acre. This term refers to all of the land within the boundaries of a particular area, including streets, rights-of-way, easements, etc.
The maximum number of dwelling units per acre. This term refers to land within the boundaries of a particular area but excludes streets, rights-of-way, and easements in calculating net density.
Any landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development, or any other development.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, utilities, dredging, filling, grading, excavation, or drilling operations and the subdivision of land.
A building or unit designed and constructed for residential use.
A building containing three or more dwelling units, including units that are located one over another.
A single-family dwelling unit within a building, which unit has at least one party wall in common with other dwelling units in the same row; a townhouse or rowhouse. After the effective date of this chapter, no such building shall be constructed with more than six attached units.
A building designed for and occupied exclusively as a residence for only one family with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard.
A building designed or occupied exclusively as a residence for two families living independently of one another. The usual arrangement is for one unit to be located above the other.
A grouping of rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage, or adoption, including foster children; or not more than four unrelated individuals living together as a single housekeeping unit with single kitchen facilities.
A dwelling, licensed by the appropriate state agency, shared by persons requiring special care and their supervisors who live together as a single housekeeping unit in a family-like environment. This facility is designed to create a residential environment for the developmentally disabled, mentally ill or retarded, handicapped, or similar groups unable to live without supervision. The maximum number of residents shall not exceed seven, excluding supervisors. These facilities shall not be used to accommodate persons recovering from the effects of drugs or alcohol or inmates of penal institutions.
A home, other than the child's own home, operated for profit or not for profit, in which child care is provided at any one time to four, five, or six children unrelated to the operator.
A boat or other craft intended and designed for the transport or conveyance of not more than 30 passengers. Such vessel shall not exceed a length of 80 feet.
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. "Gross floor area" also includes, but is not limited to, the following:
The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
The preparation, packaging, separation, shrink wrapping, and vacuum sealing of food items for the purpose of later consumption; or the preparation, cooking, and baking of raw food items, generally in large quantities, for transport to off-site locations for consumption.
Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may include facilities for lubricating, washing, or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs.
A property and/or place of business where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by a person other than the service station attendant.
Those chemicals or substances which are defined as "physical hazards" or "health hazards" in the most recently adopted version of the Uniform Construction Code.
A classification of a chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term "health hazard" includes chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, neurotoxins, agents which are capable of acting on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
Any use that poses a health hazard, a significant threat from fire, or involves the use of hazardous materials in any way that could endanger persons or property in the event of accidental discharge or combustion.
Any use whose impact is not heavy, as herein defined.
The coverage of the lot or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways, and any other similar surfaces.
Residence for the elderly that provides rooms, meals, personal care, and supervision of medication. The facility may provide other services such as recreational activities, financial services, and transportation. Residents must be ambulatory and free from communicable diseases. The facility shall be licensed by the state.
A nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government-owned or -operated building, structure, or land use for public purpose.
A research, testing, experimental, or product development facility, provided that any laboratory animals shall, at all times, be kept within completely enclosed buildings. All chemical, biological, or other substances, emissions, or by-products of the procedures or operations conducted within the laboratory shall be confined to the facility and not be permitted to escape or be emitted outside of the facility.
An area landscaped with grass, ground cover, shrubs, or similar plantings placed where required by this chapter and permanently maintained. See Article XVII, General Regulations.
Industrial processes where the finished item, material, or product does not exceed 15 cubic feet, which are conducted in an enclosed building, and which comply with all performance standards listed in Article XX. No deliveries shall be made in trucks having more than one axle.
An off-street space or berth for the loading or unloading of commercial vehicles. Such spaces shall comply with Article XV.
A parcel of land that is or may be occupied by a building and/or accessory structure or use, including open spaces and setbacks as are required within the district in which the lot is located.
The total horizontal area within the lot lines of a parcel.
A lot bounded by intersecting streets on at least two sides. Both yards adjacent to streets shall be considered front yards.
That percentage of a lot that is covered by all combined structures, paving, or any impervious surfaces. See "impervious surface."
The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
The line separating the lot from the street right-of-way.
Any lot line, except the front lot line, which is parallel to or within 45° of being parallel to the front lot line and does not intersect any street line, except in the case of corner lots.
Any lot line that is not a front or rear lot line.
The smallest allowable lot area as established by this chapter on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines measured at right angles to the lot depth at the building setback line.
A group of commercial, retail, or personal service uses arranged in a strip-like fashion with individual frontages and entrances or enclosed in one building with internal frontages and shared entrances on the exterior of the building.
A single building containing more than one type of land use or a single development of more than one building and use where different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated by shared vehicular and pedestrian access, parking areas, landscaping, and other features.
A building designed or converted to accommodate three or more commercial tenants. Each tenant shall operate a use that is permitted in the district where the building is located.
Structures for which construction was started after the effective date of this chapter and includes any subsequent improvements to such structures.
A business or commercial activity which is clearly secondary to the residential use and in which no persons other than members of the resident family are engaged. The use shall not provide for on-site parking in addition to that required for the residential use. No equipment is used other than that normally used for household or general office use.
A building or structure that does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the effective date of this chapter or of amendments thereafter.
Any lawful lot that does not conform to one or more of the applicable provisions of the district in which it is located either on the effective date of this chapter or of amendments thereafter.
A use, whether of land or a structure, which does not comply with the applicable provisions of this chapter, where such use was lawfully in existence prior to the effective date of this chapter or amendments thereafter.
A reasonably level space, having a surface slope not exceeding 6%, used for parking a motor vehicle. Such space shall have an area as listed in Article XV, which shall be exclusive of passageways, driveways, or other means of circulation or access.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent Act of the Commonwealth of Pennsylvania that replaces, supplements, or repeals any or all of the provisions of Act 247.
Written municipal permission issued by the appropriate local official empowering the holder thereof to do some act not forbidden by law, but not permitted without such authorization.
A business engaged in providing services involving the care or appearance of a person, his or her clothing, or similar personal needs. Included in this definition are barber, beautician, shoe repair, fitness club, laundry or cleaner, or similar establishment, but not including a tattoo parlor, massage parlor, or body piercing establishment.
A chemical that is a combustible liquid, compressed gas, cryogenic, explosive, flammable gas, flammable liquid, flammable solid, organic peroxide, oxidizer, or unstable or water-reactive material.
A strip of trees, hedges, or other plantings adjacent to the boundary of a property which, at the time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens that shall be planted not farther than seven feet from one another and shall be permanently maintained. Deciduous trees may be added to create interest and variety.
A building or use which is the primary building or use on a lot as distinguished from a building or buildings relating to an accessory, incidental, or subordinate use. The primary purpose for which land, a building, or a subordinate structure or the use thereof is designed, arranged, or intended.
A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
Any premises used for the sale, dispensing, and/or serving of food, refreshments, or beverages where the customer is normally involved with an individual menu and is served by a restaurant employee at the table, booth, or counter at which said items are consumed.
Land acquired by reservation, dedication, prescription, condemnation, or other legal manner and occupied, or intended to be occupied, by a street, crosswalk, electric transmission line, oil or gas pipeline, water line, watercourse, or similar uses.
The line that forms the boundary of a right-of-way.
The line the marks the lowest point of the roof.
The line that marks the highest point of the roof. This term is applicable to roofs other than flat roofs.
An antenna together with all attachments and parts, the purpose of which is to receive communication from orbiting satellites.
Any barrier intended and designed to shield properties and uses from other uses or activities having different sounds or other impacts (e.g., screening of industrial uses or activities from nearby residential structures).
The distance between the street right-of-way line or a lot line and any building on a lot or tract.
The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the "building envelope," within which the principal structure must be erected or placed.
A group of commercial establishments planned, constructed, and managed as a total entity, including both attached buildings and freestanding buildings with customer and employee parking provided on site.
Any object, device, display, or illustration which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, numbers, or symbols.
A sign which has its letters or design applied to cloth, canvas, or other flexible material which is durable and weather resistant.
The entire face of a sign including the advertising surface and framing, trim, or molding, but not including the supporting structure.
A sign that is mounted or painted on or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature sign" and not a changeable copy sign for purposes of this chapter.
A movable sign which is not secured or attached permanently to the ground.
A sign limited to directional messages principally for pedestrians or vehicular traffic, such as "entry" or "exit," "one way," "loading" or "service area," "fire lanes," "parking," or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
The area or display surface used for the message.
A detached sign which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.
A freestanding sign other than a sign supported by a post or pylon placed upon or supported by the ground independent of any other structure.
A sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off of the lot on which a sign is located shall be considered incidental.
A sign that depicts the menu of food and/or drink for sale at an eating or drinking establishment.
A sign with two or more display areas or sides on which messages can be displayed.
A sign indicating only the name and/or profession and address of the person(s) residing or legally occupying the premises.
A sign that is internally lighted by lamps, bulbs, tubes, etc., that are filled with neon gas. Neon signs are prohibited throughout the Borough.
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. After the effective date of this chapter, projecting signs shall not be erected or placed in the Borough.
A type of temporary sign that has a high turnover, such as those advertising "sales" and frequent price changes. These signs are most commonly found on windows/doors of supermarkets, grocery stores, and beverage distributors. In most cases, these signs are constructed of paper, cardboard, or other lightweight materials.
A movable sign consisting of two faces, possibly hinged at the top.
The supports, uprights, braces, and framework of the sign.
A sign that is used in connection with an event, situation, or circumstance that is designed or intended to take place or be completed within 30 days after the permit for the sign was issued or is intended to remain on the location where it is placed or erected for not more than 30 days.
A sign which electronically displays the time and temperature.
A sign posted on, suspended from, or otherwise affixed to a wall or vertical surface of a building which does not project more than 12 inches from the wall or vertical surface to which it is attached. Signs shall not be painted on any surface.
A sign attached or affixed to a window or door.
A public or private way used or intended to be used as a means of vehicular and pedestrian travel and access to abutting properties and space for public utilities that is improved in compliance with all Borough requirements for public or private streets.
A public way serving or abutting the exterior areas of a site.
A public or private way serving the internally developed areas of a site.
The line dividing the street and the abutting property. The street line shall be the same as the street right-of-way line.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
Any body of water, tank, or receptacle of water having a depth at any point of greater than two feet used or intended to be used for swimming or bathing solely by the owner, his family, and guests of the household and constructed, installed, established, or maintained outside of any building in or above the ground upon any premises as an accessory use to the residence.
A building containing single-family attached dwelling units (townhouse units) in which each townhouse unit is attached only by a party wall or walls to one or two other townhouse units. Townhouse buildings erected after the effective date of this chapter shall contain not more than six attached units.
An area, lot, parcel, site, or property which is the subject of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract area shall be measured to the ultimate right-of-way line of public streets.
A movable structure located at or near a work or construction site for storage or other purpose related to or supporting construction or office activity. Such structures shall be permitted in all but the industrial districts and shall be considered temporary uses that require a permit from the Borough. Such trailers shall not be used for storage, office purposes, or similar uses unless they are located on or within 100 feet of a construction site. Also see § 196-126.
A movable structure located in an industrial district used for office, storage, or similar purposes.
A development approach locating higher density, mixed uses at strategic points along the regional transit system. The design and location of a TOD and the mix of uses emphasize a pedestrian-friendly environment and reinforce the use of public transportation.
A tract of land having not less than five acres that is planned, developed, operated, and maintained as a single entity and containing two or more structures to accommodate retail, service, commercial, office, industrial, and residential uses. The development shall have common accessways, parking areas, and landscaping and shall be developed following a common architectural scheme.
An open-air space, designated by the Borough, that provides a clear view across one or more lots to the Delaware River, Marcus Hook Creek, or another point of interest from an abutting or nearby street, sidewalk, park, plaza, or other public spaces.
A use that requires direct access to or location adjacent to the Delaware River or Marcus Hook Creek and which, therefore, is not customarily located in inland areas. "Water-dependent uses" include, but are not limited to, marinas, recreational and commercial fishing and boating facilities, waterfront dock and port facilities, and commercial and industrial uses dependent on waterborne transportation.
An eating and/or drinking place located in the Waterfront Mixed Use District which complies with the district purposes relating to limitation of size and scope of development as stated in Article XI of this chapter. No such restaurant/bar shall have a floor area devoted to patron use in excess of 2,500 square feet. The term "bar" shall include a lounge, tavern, or any other establishment serving alcoholic beverages.
A retail store or shop located in the Waterfront Mixed Use District which complies with the district purposes relating to limitation of size and scope of development as stated in Article XI of this chapter. No such store shall be established or enlarged to have a floor area devoted to customer use in excess of 2,500 square feet.
A use where a substantial portion of the goods or services which it provides are derived from or related to water or waterfront-dependent activities or where a substantial portion of the goods or services which the use provides are designed to be used in connection with such activities. Also, a use that relies on or is associated with the recreational, environmental, historical, cultural, tourist-related, or other activity generating aspects of the waterfront.
An unobstructed open space on the same lot with a principal building that extends from a street line or lot line inward to the principal building.
A yard extending the full width of the lot, the depth of which extends from the front lot line to the nearest point of the principal building.
In the Planned Business Park District, the area between the parking lot or an interior driveway in a development and a principal building(s).
In the Planned Business Park District, the area between the public street abutting a development and a principal building(s).
A yard extending the full width of the lot, the depth of which extends from the rear lot line to the nearest point of the principal building.
The open space between a lot line and the buildable area or "building envelope" within which the principal structure must be erected or placed.
A yard extending between the inside lines of the front and rear yards and extending in width from the side lot line to the nearest point of the principal building.
An ordinance that divides the Borough or other unit of local government into areas or zones that specify allowable uses for real property and size and locational restrictions for buildings within these areas.
Written permission issued by the Zoning Officer or other appropriate municipal official empowering the holder thereof to erect or alter a building or structure, including signs and fences, change the use of a building or land, and change or extend a nonconforming use.