[5-5-2008 by Ord. No. 389; 10-6-2008 by Ord. No. 394; 11-3-2008 by Ord. No. 395; 12-7-2009 by Ord. No. 404; 4-4-2016 by Ord. No. 443; 8-6-2018 by Ord. No. 456; 3-4-2019 by Ord. No. 459; 6-3-2019 by Ord. No. 462; 9-15-2020 by Ord. No. 467; 9-15-2020 by Ord. No. 467; 10-19-2021 by Ord. No. 479; 1-22-2024 by Ord. No. 488; 6-16-2025 by Ord. No. 501, approved 6-24-2025]
For the purpose of this chapter, the following terms, words and phrases have the meaning herein indicated:
ABUSED PERSON SHELTERA nonprofit residential use in which rooms are provided to serve as a temporary safe and supportive environment for persons who, because of actual or threatened physical or mental abuse, are forced to leave their previous living arrangement. Such facilities shall be designed to provide in-house living for persons only until a safe, permanent living arrangement can be obtained.
ACCESSORY USE or ACCESSORY STRUCTUREA subordinate use or structure customarily incidental to and located on the same lot occupied by the main use or building. [See §
312-22A(3) for same lot exemption for fences.] The term "accessory structure" may include a private garage, garden shed, a private playhouse, a private greenhouse and a private swimming pool as hereinafter provided.
ADULT BOOK STOREAn establishment having a substantial or significant portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specific sexual activities," or "specific anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material.
ADULT BUSINESSAny of the following:
A. A use of a building or land for a business which has obscene materials as a substantial or significant portion of its stock-in-trade.
B. A use of a building or land for a business which involves the sale, lease, trade, gift or display of drug paraphernalia as a substantial or significant portion of its stock-in-trade.
C. Any nightclub, bar, restaurant, arcade, theater, or any other establishment that conducts live performances as a principal part of its business that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or where any specified sexual activities are conducted for economic gain or any other form of consideration.
D. Any of the following as defined in this Article
III:
(1) Adult bookstore or adult video store.
(3) Adult mini-motion and motion-picture theater.
ADULT CLUBA club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter related to "specified sexual activities," or "specified anatomical areas," for observation by patrons therein.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity for more than 50 persons used for presenting material distinguished or characterized by an emphasis on matter related to "specified sexual activities," or "specified anatomical areas," for observation by patrons therein.
ALLEYA public thoroughfare which usually affords a secondary means of access to abutting property.
ALTERATIONAny disturbance of the natural features of the environment through human activities. This includes physical disturbances of physical, biological and functional characteristics. Alteration shall also include any changes to the exterior of a building or changes in the structural members of a building, such as supporting walls, columns, beams or girders, an addition to any structure, or the moving of a structure from one location to another.
APPLICANTAn individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit, and his/her/its heirs, successors and assigns, which is seeking an approval or permit pursuant to this chapter.
ARCHERY RANGE, INDOORAny fully enclosed building used for shooting of arrows for recreational or training purposes. Any such commercial operation, any such area operated by any private, nonprofit entity, any community association, any such area operated by any sportsman's, recreation or fraternal club or association with 25 or more members, and any such area which is used or is intended to be used for more than five hours in any one week shall be considered an indoor archery range for the purposes of this chapter. See "recreation facility, commercial."
ARCHERY RANGE, OUTDOORAny area not within a fully enclosed building used for the shooting of arrows for recreational or training purposes, including, but not limited to, target shooting ranges and target shooting courses. Any such commercial operation, any such area operated by any private nonprofit entity, any community association, any such area operated by any sportsman's, recreation or fraternal club or association with 25 or more members, and any such area which is used or is intended to be used for more than five hours in any one week shall be considered an outdoor archery range for the purposes of this chapter. See "recreation facility, commercial."
BASEMENTA story partly underground, but having at least 1/2 of its height above the average level of the street abutting the front of the lot, or above the average finished grade level of the ground immediately adjacent to the building or any area of the building having its floor below ground level on all sides.
BED-AND-BREAKFASTA single-family dwelling in which persons are housed or lodged for compensation where meals may or may not be included; but no cooking facilities are provided in any rental room. All guests shall be housed in the principal dwelling and shall be restricted to transient visitors to the area; and the dwelling shall not be used for long-term residency of guests.
BLOCKA tract of land or a lot or group of lots, bounded by streets, public parks or parkways, railroad rights-of-way, watercourse or body of water, unsubdivided land, or a boundary line or lines of the Borough.
BOARDThe Zoning Hearing Board of the Borough unless otherwise specified or indicated by reference.
BOARDING OR LODGING HOUSEA principal dwelling in which at least two but not more than six rooms are offered for rent, payable in money or other consideration, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained. All lodgers must be housed in the principal dwelling.
BOROUGHThe Borough of Milford, Pike County, Pennsylvania.
BOROUGH FACILITIES AND USESAny building, structure, service or use under the jurisdiction of the Borough of Milford, Pike County, Pennsylvania.
BREWERYA facility for the production and packaging of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, and which produces 15,000 gallons or more of malt beverages per year.
BREW PUBA restaurant or tavern, as defined herein, that includes as an accessory use the brewing of malt beverages of alcoholic and/or nonalcoholic content for consumption on premises and which produces less than 15,000 gallons of malt beverages per year.
BUFFERA strip of land that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. It is used to provide separation between incompatible uses to effect a visual barrier, block physical passage between uses, and reduce noise, dust and litter. The separation may be effected by fencing, dense vegetative planting, the provision of additional setback distances, berms or a combination thereof, and, in general, widths of buffers are increased as the density or opaqueness of the barrier decreases. A buffer yard may be a part of the minimum setback distance, but land within an existing street right-of-way shall not be used to meet a buffer yard requirement.
BUILDINGA structure or combination of materials constructed or erected on the ground with a roof supported by columns or walls. Included shall be all manufactured homes and trailers to be used for human habitation.
BUILDING COVERAGEThe proportion of the lot area, expressed as a percentage that is covered by the maximum horizontal cross section of a building or buildings, including main and accessory buildings.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated. Any building that is physically attached to a principal building shall be considered part of that principal building.
BULK FUEL STORAGE FACILITYAny facility where:
A. Gasoline is stored in bulk for distribution by delivery truck;
B. Fuel, including, but not limited, to kerosene, home heating oil, diesel fuel, gasoline, or propane, is stored in large-volume tanks for distribution to retail or wholesale establishments; or
C. The total combined on-site storage of fuel exceeds 20,000 gallons.
BUS STATIONAn area and/or building where passengers load on and unload from buses, and where parking for passenger vehicles and ticket sales are normally part of the operation, but without bus maintenance and repair facilities.
BUS TERMINALAn area and/or building where buses are stored or parked on a regular basis with or without bus maintenance and repair facilities.
CABARETAn adult club, restaurant, theatre, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.
CAMPGROUND OR RECREATIONAL VEHICLE (RV) PARKA plot of ground upon which two or more campsites are located, established or maintained for temporary occupancy by persons using tents or recreational vehicles and which shall not be used for long-term residency of occupants.
CAR/TRUCK WASHAny building or premises or portions thereof used for washing automobiles or trucks for commercial purposes.
CARPORTA roofed building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides by walls or doors. If any portion of a carport is attached to a principal building, it shall be considered to be part of that building.
CELLARThat portion of a building, other than a basement, that is located below ground level.
CEMETERYLand or buildings used for the burial of deceased humans, but not animals. The interment or scattering of remains of properly cremated humans is not regulated by this chapter.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at a street intersection(s), defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.
CLUB/LODGE, PRIVATEAn area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to bona fide members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. The club shall involve a meaningful and substantial membership system, as opposed to a token system. This use shall not include a target range for outdoor shooting, a boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that district and the requirements of that use are met.
COMMUNICATION ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communication Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMUNICATION EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communication antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMMUNICATIONS TOWER HEIGHTThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
COMPLETELY DRY SPACEA space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLANThe Comprehensive Development Plan of the Borough of Milford, including all maps, charts and textual matter.
CONDITIONAL USEUses, which require individual consideration in each case because of their unique character relative to the zoning district. Borough Council has approval power over these uses and Council may attach conditions to the approval.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.
CONTRACTOR'S YARDAny premises used as the base of operation by any tradesman or contractor for the storage of equipment, vehicles and supplies.
DAY CARE, ADULTA use providing supervised care and assistance primarily to persons who are over age 60 and not in good physical health, or who are suffering from Alzheimer's disease or are developmentally handicapped and/or are physically handicapped and who need such daily assistance because of such condition. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
DAY CARE, CHILDA use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. The following two types of day care are permitted without regulation by this chapter: care of children by their own relatives, and care of children within a place of worship during regularly scheduled weekly religious services. (See also "day care, adult.")
DECKAn exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports.
DETACHED BUILDINGA building that is surrounded on all sides by open yards and that is not attached to any other building.
DETENTION FACILITYA facility used to house and/or rehabilitate adults or juveniles detained, sentenced or adjudicated delinquent by the criminal justice system, including, but not limited to, jails, prisons, penitentiaries, reformatories, half-way houses, transitional living facilities, juvenile detention facilities, and similar facilities.
DISTRIBUTED ANTENNA SYSTEM (DAS)Also referred to as "micro cell"; a set of antenna nodes networked with each other and connected to a wireless service source composed of one or more high-power antennas that serve a given area and are replaced by a group of low-power antennas to serve the same geographic area.
DISTURBANCEAny action which results in the cutting or removal of vegetation on any land, and/or which results in the turning, displacement, grading or removal of any soil.
DRIVE-IN THEATERAn area of land which may include accessory uses such as the sale of snacks and which is devoted to the showing of motion pictures which are viewed by persons in vehicles.
DRIVE-IN USEAn establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVEWAYA privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the said road.
DRUG PARAPHERNALIA STORESAny retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of its subject to the provisions of "The Controlled Substance, Drug, Device and Cosmetic Act," 1972, April 12, P.L. 233. No. 64, § 780-101 et seq., "roach" clips, "coke" spoons, "bongs," and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
DUMPA lot or land or part thereof used primarily for disposal by abandonment, dumping, sanitary land fill, burial, burning, incineration or any other means for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLINGA building, vehicle or a portion thereof, designed for and used exclusively for residential occupancy in accordance with this chapter, including one-family, two-family and multiple-family dwellings, but not including hotels, hospitals, boardinghouses, institutional homes, residential clubs, rooming houses, tourist houses, trailer courts, short term rentals and the like.
DWELLING UNITOne or more rooms with provision for cooking and/or food preparation or storage, living, sanitary and sleeping facilities arranged for the use of one family. (See also “multiple dwelling,” “two-family dwelling,” and “single-family attached dwelling.”)
ELECTRONIC NOTICENotice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
ENGINEER, BOROUGHA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer of the Borough.
ESSENTIAL SERVICESMunicipal or utility facilities that do not require enclosure in a building which are necessary for the public health and safety and which are routine, customary and appropriate to the character of the area in which proposed, including such facilities as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment. Buildings, sewage treatment plants, solid waste disposal facilities, commercial communication towers, utility company offices, storage of trucks or equipment and bulk storage, and any commercial communications devices and/or facilities not specifically regulated by the Pennsylvania Public Utility Commission shall not be considered essential services. (For essential services requiring enclosure in a building, see "semipublic building or use.")
ESSENTIALLY DRY SPACEA space that will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
EXERCISE CLUBA type of service establishment that offers indoor or outdoor recreational facilities, such as the following: weight rooms, exercise equipment, nonhousehold pool and racquetball courts.
FAMILYOne or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that more than five persons living together in a single dwelling unit who are not related by blood, adoption, or marriage do not constitute the functional equivalent of a traditional family. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided such facilities are licensed and permitted under the authority of the Department of Human Services of the Commonwealth of Pennsylvania or other state department or agency. In determining the functional equivalent of a traditional family, the following criteria shall be present:
A. The group shares the entire dwelling unit.
B. The group lives and cooks together as a single housekeeping unit.
C. The group shares expenses for food, rent, utilities or other household expenses.
D. The group is permanent and stable, and not transient or temporary in nature.
E. Any other factor reasonably related to whether the group is the functional equivalent of a family.
F. The term shall not include any tenant or persons paying any rent, fee or rate for use of a dwelling or portion thereof as a short-term rental for a period of less than 30 consecutive days.
FARMERS' MARKETA seasonal, outdoor market for the retail sale of local farm products and prepared foods, as well as handcrafted arts, crafts and unique local goods. The primary focus of the sales shall be on food, particularly fresh grown local foods, but may include nonlocal foods and beverages, as well as farm-produced arts, crafts and similar goods. The term "farmers' market" does not include the sale or demonstration of mass-produced items, used clothing, appliances, and other similar products. Flea markets are not permitted at, or in conjunction with, a farmers' market.
FENCEA man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier and which is constructed of wood, chain-link, metal, fiberglass, vinyl or aluminum and/or plastic inserts. Considered an accessory structure. Man-made barriers constructed principally of masonry, concrete, cinder block or similar mostly solid materials shall be considered a wall. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs.
FLEA MARKETA sale of items of tangible personal property wherein, on one location, there are multiple vendors who have paid a fee or a portion of their proceeds of sales for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property. (See also Chapter
158, Flea Markets and Garage Sales, of the Milford Borough Code.)
FLOOD HAZARD AREAThe flood hazard area is that land adjoining any stream, which is designated as having special flood hazards on the Flood Hazard Boundary Map prepared by the Federal Insurance Administration.
FLOODPLAIN AREAA relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. Floodplain boundaries are frequently shown for the floods having average recurrence intervals of 10, 50, 100 and 500 years.
FLOODWAYThe designated area of a floodplain required to carry the discharge waters of a given magnitude. For purposes of this chapter, the floodway shall be capable of a flood of the one-hundred-year magnitude. The floodway must be kept free of encroachment in order that the one-hundred-year flood is carried without substantial increases in flood heights. Criteria adopted by the Federal Insurance Administration limit such increases in flood heights to 1.0 foot, provided that hazardous velocities are not produced.
FLOOR AREAThe total area of all floors measured to the outside surfaces of exterior walls, or from the center lines of party walls separating two buildings, but excluding crawl spaces, garages, carports, attics without floors, open porches, balconies, and terraces.
FOOD ESTABLISHMENTA restaurant or a food store properly permitted for preparation and sale of food items (including liquid items).
FOOD ITEMA raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. "Food" includes ice, water or any other beverage, food ingredients and chewing gum.
FORESTRY ENTERPRISESThe management of forests and timberlands when practiced in accord with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any of the following: a land development, the operation of a sawmill or the operation of any other wood manufacturing business.
FUNERAL HOMEA building or part thereof used for human funeral services. Such building may contain space and facilities for:
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies; and
D. The storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral parlor is permitted, a funeral chapel shall also be permitted.
GAMBLING/BETTING USE/SKILL GAME(S)A use where lawful gambling activities are conducted, including, but not limited to, off-track pari-mutuel betting and skill game(s). This term shall not include betting under the state lottery programs or betting under the small games of chance provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property.
GARAGEA building or part thereof used for the storage or parking of one or more vehicles. The garage shall maintain a minimum of 240 square feet for vehicle parking or household storage.
GARAGE APARTMENTAn accessory dwelling unit built within the walls of, or on top of, a detached garage. The detached garage shall maintain a minimum of 240 square feet for vehicle parking or household storage.
GARAGE SALEIncludes, but shall not be limited, to lawn sales, attic sales, rummage sales and similar casual sale of tangible personal property which takes place on lands owned by the person holding the sale and which is advertised by any means whereby the public at large is or can be made aware said sale. This shall not include the sale of all or substantially all of the contents of a home through an estate sale or similar sale or to the close-out sale of a business (See also Chapter
158, Flea Markets and Garage Sales, of the Milford Borough Code.)
GARAGE, PARKINGA garage for the convenience of the general public in which no servicing, repairs, washing or reconditioning of motor vehicles is carried on.
GARAGE, PRIVATEAn enclosed or covered space for the storage of one or more motor vehicles. A garage is an accessory building maintained primarily for the convenience of the occupant or occupants of the main building. No business or other use is carried on and no service is rendered to the general public other than activity permitted as a home occupation as defined in this chapter.
GARAGE, PUBLICAny garage other than a private garage or parking garage. A public garage may include servicing, repairs, washing or reconditioning of motor vehicles and filling station facilities.
GARDEN CENTER, RETAILA retail establishment engaged in the sale of ornamental trees, shrubs and plants and supplies for gardening and landscaping. See "retail business."
GOLF COURSEA tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses and shag ranges, but does not include miniature golf courses or golf driving ranges. See "recreation facility, commercial."
GOLF COURSE, MINIATUREA novelty version of golf played with a putter and golf ball on a miniature course, typically with artificial playing surfaces, and including obstacles such as bridges and tunnels. See "recreation facility, commercial."
GOLF DRIVING RANGEA facility arranged with golf tees and used for longer range play of golf balls where balls are supplied for a fee. It may also include a putting green. See "recreation facility, commercial."
GREENHOUSE, COMMERCIALA structure, typically constructed of metal or wood framework and covered with glass or plastic, used for the propagation of plants for wholesale distribution; and including associated structures for office space and storage; but not including retail sales of any products or services.
GREENHOUSE, PRIVATEA detached accessory structure, typically constructed of metal or wood framework and covered with glass or plastic, used for private use.
GROSS FLOOR AREAThe sum of the total 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 vehicles, any space where the floor-to-ceiling height is less than six feet, elevator shafts, common stairwells in an apartment building, and unenclosed porches, decks and breezeways.
GROUP HOMEThe use of any lawful dwelling unit which meets all of the following criteria:
A. Involves the care of the maximum number of persons permitted by the group home standards of §
312-29, and meets all other standards of such section.
B. Involves persons functioning as a common household.
C. Involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution, because of physical disability, old age, mental retardation or other handicap as defined by applicable federal law.
D. Does not meet the definition of a "treatment center/clinic."
E. Does not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.
GROUP QUARTERSAll buildings used primarily for the housing of persons nonrelated by blood or marriage, including, but not limited to, dormitories, fraternities, sororities, and all other structures occupied by groups of persons sharing a dwelling. Rooming houses, boarding houses, hotels, motels, and resorts, group homes, jails, prisons and detention facilities, treatment center/clinics, health facilities and any use specifically listed in a zoning district in Article
IV shall not be considered group quarters.
HEALTH FACILITYAn establishment primarily engaged in providing services for human health maintenance, including abused person shelters, hospital facilities, physical or occupational therapy, nursing homes and adult care facilities, and personal care homes or centers, whether publicly or privately operated, but excluding treatment centers/clinics.
HEIGHT OF STRUCTUREThe vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure excluding a chimney flue, church spire, cupola, dome, mast, belfry, clock tower, radio or transmission line, flagpole, water tower, elevator or stair bulkhead.
HELIPORTAn area used for the takeoff and landing of helicopters, together with any related support facilities such as for maintenance, refueling and storage, including any such area accessory to a principal use. This chapter is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons.
A. PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport." Public heliports shall be considered airports for regulation by this chapter.
B. PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period (in addition to flights necessary for emergency medical purposes) and that is not available for use by the general public. This is also known as a "helistop."
HOME OCCUPATIONAn accessory use of a dwelling unit for gains or profit or other purposes normally associated with a business.
HOSPITALA health facility used for the diagnosis, treatment or other care of human ailments. Unless otherwise specified, a hospital shall be deemed to include a sanitarium, sanatorium, clinic, convalescent home, medical center, nursing home, rest home, or other building with an equivalent appellation. A hospital shall not include care and treatment of mental patients, alcohol or drug abusers, except incidentally.
HOTELA building or part thereof which has a common entrance, common heating system, and general dining room, and which contains six or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation.
IMPERVIOUS SURFACEAny surface that limits the percolation of water into the ground such as rooftops, pavement, sidewalks, driveways, gravel drives, roads and parking, and compacted fill, earth or turf to be used as such.
JUNKAny discarded material or article, including, but not limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal. Licensed antique cars and operable used cars are not considered junk for the purposes of this chapter.
JUNKYARDA place where junk as defined above is stored, disposed of or accumulated in an open yard.
KENNELAn establishment equipped with pens, yards, runways or other appurtenances specifically designed or intended for the breeding or boarding of dogs or similar commonly domesticated animals on a property harboring six or more adult dogs (over six months of age) or similar animals.
LAND DEVELOPMENTB. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
C. The definition of "land development" shall not include the following:
(1) 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;
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this definition, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
LIBRARY, PUBLICA building where a collection of books, recordings, and other items are housed and made available for public review, reading or reference.
LIGHT MANUFACTURINGThe process of making wares, products or materials by hand or machinery in which the premises upon which the process takes place has a total floor area of 2,500 square feet or less and specifically excluding the following:
A. The manufacture of:
(6) Superphosphate and other phosphate.
(7) Nitrogenous tankage, fish meal, or any fertilizer materials carrying an objectionable odor.
(8) Fertilizer or any other product involving the use of dusty or granular ingredients, unless the manufacturing process and the transfer of the ingredients is carried on under cover or is so screened that the emanation of dust beyond the industrial district is prohibited.
(11) Oil refining, petroleum distillation (excluding oil recycling facilities), hot asphalt plants (excluding bituminous concrete facilities), paints, varnish, or shellac, which requires distillation or heating of ingredients.
(12) Soap manufactured from animal fats but not from vegetable or mineral oils.
B. Storage yard for wrecked, dismantled automotive vehicles.
C. Junkyard or shop for purchase, sale, handling, baling or storage of scrap metals, scrap rubber, broken bottles, or rags, where in the conduct of such establishment these materials are on the premises.
D. Any use or trade which, though properly and safely operated with ordinary care, according to good and reasonable practices, causes noxious or offensive odors, gas, fumes, smoke, dust, vibration or noise which substantially interferes with other uses of property permitted in the district.
LIGHTING, DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
LIGHTING, DIRECT OR FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the illuminated object.
LIGHTING, INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the illuminated object.
LIVESTOCKAny animals raised or kept for home consumptive use or profit, including, but not limited to, cattle, bison, sheep, goats, horses, llamas, swine, fowl, rabbits, insects, and fur-bearing animals.
LOTAny parcel of land intended as a unit of ownership, transfer of ownership, use, rent, improvement or development.
LOT AREAThe total horizontal area included within lot lines.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets. A lot abutting a curved road shall be deemed a corner lot if the tangents to the curve, extended, at intersect at an interior angle of less than 120°.
LOT COVERAGEThat portion or percentage of the lot area which is covered by buildings; paved and unpaved walkways, roads, driveways and parking areas; pavement; or other impervious surfaces as defined by this chapter.
LOT, DEPTH OFThe distance measured along a straight line connecting the midpoint of the front lot line with the midpoint of the rear lot line.
LOT, EXISTING OF RECORDAny lot or parcel of property which was legally in existence and properly on file with the Pike County Recorder of Deeds prior to the effective date of the original Borough Zoning Ordinance.
LOT LINEAny boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONTAny boundary of a lot which is along an existing street, road or proposed road right-of-way or street or road right-of-way line when same is within the lot. On a corner lot, the owner may specify the front lot lines. On a through lot, there shall be two front lot lines.
LOT, THROUGHA lot extending from one street to another other than a corner lot.
LOT, WIDTH OFThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.
MACRO CELL TOWERA facility with a central pole up to 50 feet in height that has a service radius of approximately 2.5 miles.
MAILED NOTICENotice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
MEDICAL OFFICE BUILDINGA health facility used exclusively by physicians, dentists, or physical or occupational therapists for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.
MEMBERSHIP CLUBA building, structure, lot or land area used as a private club, fraternal or social organization.
MENAGERIEA collection of animals which are kept in cages or enclosures, inside a building or outdoors, for exhibition or educational purposes.
MICROBREWERYA facility for the production, packaging and sampling of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, and which produces less than 15,000 gallons of malt beverages per year.
MICRO CELL TOWERA facility with a central pole less than 50 feet in height with a service radius of 1/2 mile or less.
MOBILE HOMEA transportable, single-family dwelling structure intended for permanent occupancy, office or place of assembly structure contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For purposes of this chapter, travel trailers and recreational vehicles are not considered as mobile homes. Mobile homes are not considered a land use type as defined herein but are considered a structural type with certain vehicular characteristics.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home as defined by this chapter.
MOBILE HOME PARKA parcel of land under single ownership, which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home, lots.
MOTELA building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access, designed primarily for transient automobile travelers, and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include mobile homes, travel trailers or recreation vehicles.
MULTIFAMILY DWELLINGA building arranged, intended or designed to be occupied by three, but not more than four, families living independently of each other as separate dwelling units.
MULTI-UNIT OFFICEA building or buildings used for office purposes by more than one business or business entity. Separate, but related, businesses owned and operated by exactly the same persons shall not be considered a multi-unit.
MULTIPLE OR MULTIFAMILY DWELLINGA building arranged, intended or designed to be occupied by three, but not more than four, families living independently of each other as separate housekeeping units.
MULTIPLE-USE SITESA building or series of buildings arranged, intended, designed or used for a combination of residential, certain commercial uses and office uses which are independent and distinct.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after February 2, 1981, and including any subsequent improvements thereto.
NO-IMPACT HOME-BASED BUSINESSA 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.
NONCONFORMING LOTA lot lawfully existing at the effective date of this chapter or any amendment thereto affecting such lot, which does not conform to the regulations of this chapter for the district in which it is situated.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions of 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 a 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.
NURSERY, COMMERCIALA commercial operation where trees and shrubs are grown for transplanting, for use as stocks for budding and grafting, or for sale.
NURSING HOMEA facility licensed by the Commonwealth of Pennsylvania for the housing and intermediate or fully skilled nursing care of three or more persons needing such care because of old age or a physical illness or disability or a developmental disability, but not including a treatment center/clinic. (See "health facility.")
OFFICES or OFFICE BUILDINGA building or part of a building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity.
OUTDOOR DINING AREAAn area for the dispensing, serving and consumption, but not the preparation, of food and beverages, provided such use is attached to a principal use of a restaurant or other food establishment.
OUTDOOR ENTERTAINMENTAny commercial activity or activity associated with a commercial use where concerts, theater arts, movies or any other type of entertainment is provided outside a fully enclosed building.
PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles.
PARKING AREA, PRIVATEAn area of a lot that is used for the parking of vehicles incidental to the principal use of that lot and is categorized as an accessory use.
PARKING LOT, COMMERCIALA lot or portion thereof that is used for the business of providing parking to the public for a fee on an hourly, daily, monthly or other rental basis.
PARKING LOT, PUBLICA lot or portion thereof that is used for the parking of vehicles, with or without fee, and is owned and operated by the municipality, the county or a municipal authority.
PARKING SPACEA stall or berth which is arranged and intended for parking of one motor vehicle.
PATIOA courtyard or terrace constructed of masonry, stone, concrete or similar material and placed in the rear or side yard of the principal structure.
PERSONAn individual, partnership, public 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 HOME OR CENTERA residential use providing residential and support services primarily to persons who are over age 60, and/or physically handicapped and/or the developmentally disabled and that is licensed as a personal care center by the Commonwealth of Pennsylvania and that does not meet the definition of a "treatment center/clinic." (See "health facility.")
PLACE OF WORSHIPBuildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated by a tax-exempt organization qualifying under § 501(c)(3) of the Internal Revenue Code for nonprofit and noncommercial purposes which people regularly attend to participate in or hold religious services, meetings or functions, or religious instruction.
PORCHAn outdoor structure that is attached to or projects from the main building with a roof that is usually open at the sides.
PRINT SHOPAn establishment conducting the process or business of producing printed material such as forms, newspapers, books and similar material by means of ink and a printing press, photo copy machine, or similar technology.
PROFESSIONAL OFFICEAn office used by a professional licensed by the commonwealth such as doctors, dentists, lawyers, architects or engineers.
PUBLIC BUILDINGS AND USESAny structure, building or use owned and operated by a government body or agency, including such things as public schools, parks, civic centers, municipal buildings; but excluding solid waste disposal facilities, institutional uses, nursing homes, hospitals, and other uses specifically defined by this chapter.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Planning Commission or the Borough Council, intended to inform and obtain public comment, prior to taking action in accord with the Pennsylvania Municipalities Planning Code.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7, pertaining to open meetings and known as the "Sunshine Act."
PUBLIC NOTICENotice published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RACE TRACKA road course, either oval, circuitous or straight, where motor vehicles, including, but not limited to, automobiles, trucks, go-carts, motorcycles, motor scooters, dune buggies and the like are driven for recreation, testing or competition; or, any course where animals are raced for competition.
RECREATION FACILITY, COMMERCIALOutdoor or indoor areas or structures, operated by private nonprofit or private commercial entities, open to the public, which may contain entertainment and amusement devices or attractions, including, but not limited to, picnic groves, animal farms, shooting ranges, zoological parks, tennis and racquetball courts, ski areas, miniature golf courses, golf driving ranges, and the like, but excluding golf courses, theaters, public parks and playgrounds.
RECREATION FACILITY, PUBLICParks, swimming pools, playgrounds, tennis courts, and other recreational facilities owned and operated by the Borough, County, school district, state, or federal government. See "public buildings and uses."
RECREATION VEHICLEA vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RECYCLING FACILITYA center for the collection and/or processing of recyclable materials. Considered manufacturing for regulation by this chapter. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Any facility accepting or processing waste or other discarded materials which are not recyclable as defined or authorized under this chapter shall be considered a junkyard or solid waste facility as regulated by this chapter.
RELIGIOUS QUARTERSA dwelling unit associated with a place of worship in which reside individuals directly involved with the administration or function of a place of worship, including clergy and staff and immediate family members. Any religious quarters which house more than six persons shall be considered a "group quarters."
RESIDENCY (or OCCUPANCY), LONG-TERMOccupancy of a dwelling, generally for periods of more than 180 days, as opposed to temporary visits to bed-and-breakfast establishments, motels, hotels, campgrounds and recreational vehicles, and which serves as the legal address for the occupant. It also includes any dwelling or structure where children who attend school reside.
RESTAURANT, DRIVE-INAn establishment that sells ready-to-consume food or drink where at least a portion of patrons are served while the patrons remain in their motor vehicles.
RESTAURANT, TRADITIONALAn 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 standard restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a tavern must be met.
RETAIL BUSINESSAn establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, and which is not otherwise listed as a use in the Schedule of Uses.
RIGHT-OF-WAYLand reserved for use as a street, drainage facility or other public or community use. A right-of-way shall not be considered as land area when computing lot size.
SCREENEDNot visible from any adjoining or neighboring property, any public or private road right-of-way, or any other premises which is accomplished by fencing, topography, berms, natural and planted vegetation or other means approved by the Borough.
SECTIONAL HOUSE or MODULAR HOMEA dwelling unit manufactured in two or more sections designed for permanent occupancy, and transported to a building site in sections which are fastened together and mounted on a permanent foundation ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, a sectional house could be single-family detached, single-family attached or multiple-family dwelling if said unit also meets the appropriate definition.
SEMIPUBLIC BUILDING OR USEA building or use operated by nonprofit, community-based organizations for the general use of Borough residents, including churches, firehouses, ambulance buildings, private schools, libraries and the like, but excluding institutional uses such as nursing homes, hospitals, sanitariums and clinics. It shall also include essential services and public utilities that require enclosure within any structure or building.
SERVICE ESTABLISHMENTAn establishment engaged in providing services involving the care or needs of a person or his or her apparel such as cleaning and garment services, beauty and barber shops, shoe repair, dry cleaning and laundries, photographic studios, photo finishing, etc., and which is not otherwise listed as a use in the Schedule of Uses.
SETBACK LINEThe line which creates an area between said line and the front, rear or side yard line within which no building, extension or protrusion thereof may be erected.
SEWAGE DISPOSAL SYSTEM, CENTRALA public utility system designed to collect and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Resources regulations or regulations of the Borough, whichever may be more stringent.
SHOPPING CENTERS/MALLSA building or buildings designed to function as a unit and used for a combination of office and retail purposes, or a combination of purely retail uses, by more than one business or business entity. Separate, but related, businesses owned and operated by exactly the same persons shall not be considered multiple uses.
SHORT-TERM RENTALThe use of a dwelling in which the owner rents any area of the dwelling to one or more individuals for compensation or a fee, including offer of exchange in kind, of any type (whether or not involving overnight accommodations or separate sleeping quarters) for less than 30 consecutive days. This definition applies to all types of residential dwellings and their accessory structures, including, but not limited to, single-family detached residential, two-family residential, multifamily residential, and residential properties commonly considered as seasonal homes, vacation homes or tourist homes.
SIGNA structure, device or display containing letters, words and/or pictures which is designed to inform or attract attention and impart a message to someone who sees the sign from outside the structure where the sign is located.
SIGN, ANNOUNCEMENT OR PROFESSIONALA sign on a building, in a Residential District, which directs attention to a home professional office, home occupation or professional office in such residential building.
SIGN, AWNINGA sign painted on or attached to the cover of a permanent or moveable frame, of the hinged roll, or folding type of awning.
SIGN, BANNERA sign made of cloth, plastic or similar material that is hung over a public street of the Borough to advertise a special event of public importance pursuant to the specific written approval of the Borough Council.
SIGN, BULLETIN BOARDA sign for a public, semipublic, charitable or religious institution, bearing no advertising matter.
SIGN, BUSINESSA sign which directs attention to a business or profession, product or service conducted or sold upon the property where the sign is displayed in the Commercial District.
SIGN EASELA self-supporting, movable sign consisting of one face with supporting legs or a supporting frame, or a sign displayed on an easel.
SIGN, FLAT-WALLA sign which is a part of, attached directly to, supported by or painted upon a building wall or window.
SIGN, FREESTANDINGA sign supported by, or suspended from, a freestanding column or other support located in or upon the ground surface.
SIGN, NUMBER AND SURFACE AREAFor the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without an organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
SIGN, OFF-SITE ADVERTISINGA sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the property and only incidentally upon the property if at all. For the purposes of this chapter, a commercial billboard is an advertising sign.
SIGN, PROJECTINGA sign projecting from the wall of a building, perpendicular to the building upon which it is attached and the street upon which the building fronts.
SIGN, TEMPORARYA sign, constructed of cloth, canvas, fabric, wood or other similar material, with or without a structural frame, and intended for a limited period of display.
SIGN, TEMPORARY CAMPAIGNTemporary campaign signs shall be defined as signs appertaining to campaigns, drives or events of political, civic, philanthropic, educational or religious organizations.
SIGN, WINDOW, PERMANENTAny sign visible through a window into the business establishment which are not exceptions under §
312-24C(9) or §
312-24S. In order to determine the number and size of permanent window signs, reference is made to the Schedule of Sign Regulations under business identification signs.
SIGN, WINDOW, TEMPORARYAny sign constructed of ink on paper, vinyl, removable window paint, or similar temporary material which is placed in a business establishment window for a limited period of time as defined herein for the purpose of advertising a special event or promotion taking place or to take place on the premises. In order to determine the number and size of temporary window signs, reference is made to the Schedule of Sign Regulations under temporary signs.
SINGLE-FAMILY DWELLINGA dwelling unit on a permanent foundation designed and occupied as a residence for one family.
SKILL GAME(S)An electronic game requiring a monetary input where the monetary-based outcome is determined primarily by the mental or physical skill of the player.
SMOKE SHOP AND TOBACCO STOREAny premises having more than 250 square feet dedicated to marketing of tobacco, tobacco products, or tobacco paraphernalia.
SOLID WASTE FACILITY, COMMERCIALAny facility or operation of a private individual or firm pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste, including, but not limited to, liquid, solid, toxic, hazardous and medical waste; and, including but not limited to, transfer stations, solid waste landfills, incinerators, medical waste disposal facilities, hazardous waste disposal facilities and radioactive waste disposal facilities.
SOLID WASTE FACILITY, PUBLICAny facility or operation of a public entity pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste, including, but not limited to, liquid, solid, toxic, hazardous and medical waste; and including, but not limited to, transfer stations, solid waste landfills, incinerators, medical waste disposal facilities, hazardous waste disposal facilities and radioactive waste disposal facilities.
SOLID WASTE or WASTEAny garbage, refuse, industrial, lunchroom or office waste or other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term shall also include any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or containing gaseous materials resulting from industrial, mining, agricultural operations, local facilities or any other byproduct or effluent from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility or any other material defined by the PA DEP as solid, liquid, municipal, medical, industrial, toxic or hazardous waste.
SOLID WASTE STAGING AREAAny parcel of property used for the transfer of solid waste from one vehicle to another vehicle, at a location other than the generation site, for transport to a solid waste facility; or which is used for the parking or storage of vehicles and/or containers used to transport solid waste; and which is not regulated by the PA DEP as a solid waste transfer facility.
SPECIAL EXCEPTIONA use which, because of its unique characteristics, requires individual consideration in each case by the Board and the Commission before a Zoning Officer may issue a permit. The term "special exception" shall include the term "special use."
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, buttocks; and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESAny of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
C. Masturbation, actual or simulated.
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B and
C of this definition.
STABLE, COMMERCIALA structure or land where horses are kept for remuneration, hire, sale, boarding, riding or show, and which includes the commercial hire of horses to the general public for riding or other purposes.
STABLE, PRIVATEAn accessory structure or use of land where horses are kept for the sole use of the residents of the principal structure, and which includes no remuneration, hire, boarding or other commercial use.
STORY AND HALF-STORYThat portion of a building included between the upper surface of any floor other than a cellar floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. Any such portion of a building having a distance of less than seven feet shall be considered to be a half-story.
STREETThe word "street" includes all lands established by dedication, ordinance of Council or laid out upon the Borough plan as highway and shall be synonymous with "roads," "avenues," "highways," and other terms commonly applied to public highways.
STREET LINEThe side-line (not the curbline) of a public or plotted street, highway, lane or alley (including the sidewalk strip), as it abuts on the private lot.
STREET WALLThe wall of a building or part of the wall of an enclosed structure nearest the street line.
STRUCTUREAnything constructed or erected on or under the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
STRUCTURE, PERMANENTAny structure, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
STRUCTURE, PORTABLEAny structure that is not permanently affixed to the ground but is designed to be moved from place to place, including, but not limited to, accessory structures constructed of metal frameworks with plastic or cloth covering and containers used for as an accessory structure.
STUDIO/GALLERYAn establishment or work space for the creation, manufacture, and/or preparation of individually crafted art work, jewelry, furniture, sculpture, pottery, art photography, leather craft, hand-woven articles, and related items; it may also include the sale, loan, or display of such items; or for the instruction of dance, art, music or similar cultural pursuits.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or
B. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
SWIMMING POOL, PRIVATE OUTDOORAny body of water or receptacle for water having a depth at any point greater than two feet, used, or intended to be used, for swimming or bathing and constructed, installed or maintained in or above the ground. A noncommercial swimming pool is one used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Such noncommercial swimming pool shall be located on a lot only as an accessory use to the dwelling or dwellings, hotel, motel, or membership club thereon.
TAVERNA place where alcoholic beverages are served as a primary or substantial portion of the total trade and where the sale of food may also occur.
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 adult movie theater.
TOWNHOUSESingle-family dwelling unit sharing a common wall(s), with another such dwelling unit within a structure with individual rear and front yards designed as an integral part of each unit.
TOWNHOUSE DWELLING STRUCTUREA structure containing three or four townhouse dwelling units. Each structure must abide by the zoning development standards and schedule of uses for the relevant district.
TREATMENT CENTER/CLINICA use (other than a detention facility or a permitted accessory use in a hospital) providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays in most cases of less than one year and who need such facilities because of:
A. Chronic abuse of or addiction to alcohol and/or a controlled substance; or
B. A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.
TRUCK TERMINALA terminating point where goods are transferred from a truck to a storage area or to other trucks, or picked up by other forms of transportation.
TWO-FAMILY DWELLINGA building containing not more than two individual family or dwelling units. Single-family buildings with attached garage apartments are two-family dwellings.
USEThe specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, PRINCIPALA dominant use(s) or main use on a lot, as opposed to an accessory use.
VARIANCEThe Board's authorized departure to a minor degree from the text of this chapter in direct regard to a hardship peculiar to an individual lot in accordance with the Pennsylvania Municipalities Planning Code and procedures set forth in this chapter.
VEHICLEAny device in, upon or by which any person or property is or may be transported or drawn upon a public highway or upon any land, including, but not limited to, automobiles, trucks, vans, buses, utility trailers, tractors, truck tractors, recreational vehicles, motor homes, travel trailers, motorcycles, snowmobiles, machinery, trailers, farm machinery and implements, and other wheeled equipment; boats; and aircraft.
VEHICLE AND EQUIPMENT RENTAL OPERATIONAn establishment which rents vehicles and/or equipment to the general public, and which may or may not include the repair of the vehicles and equipment which is for rent. Equipment rental operations conducted entirely within an enclosed building shall be considered a retail business for the purposes of this chapter.
VEHICLE AND EQUIPMENT REPAIR OPERATIONAn establishment engaged in the service and/or repair of any motor vehicle as its principal use, including, but not limited to, auto body shops, repair garages, truck repair garages and agriculture equipment repair.
VEHICLE AND EQUIPMENT SALES OPERATIONThe use of any building, land area or other premises for the display and sale of new and used automobiles of operable condition; panel trucks or vans; mobile homes or trailers; recreation vehicles; or farm or construction equipment, including any warranty repair work and other repair service as an accessory use. No business or facility which generates less than 50% of its gross sales from the actual sale of new or used vehicles or equipment of the type herein described (excluding parts and repairs) shall be considered a vehicle and equipment sales operation.
VEHICLE, DISMANTLED, UNOPERATING, WRECKED, JUNKED OR DISCARDEDAny vehicle which is found unattended without the current year's registration plates or inspection sticker as required by law and/or any vehicle as to which any of the following conditions exist:
A. It has been so damaged by collision, accident or any other means that it is inoperable for the purpose for which it was intended.
B. It does not have all of its material parts, including, but not limited to, four tires and wheels, required headlights and tail lamps, windshield, radiator, transmission, engine, windows and doors.
VETERINARY CLINICA place where animals or pets are given medical or surgical treatment and the keeping of animals is limited to short-term care incidental to the clinic use and no outdoor kennels or pens are on the premises.
WAREHOUSETerminal facilities operated for a specific commercial establishment or group of establishments in a particular industrial or economic field and used for the storage of goods and materials.
WATER SUPPLY SYSTEM, CENTRALA public utility system designed to transmit water from a common source to customers, in compliance with Pennsylvania Department of Environmental Resources and the Public Utility Commission regulations or regulations of the Borough, whichever may be more stringent.
WATERCOURSEAny channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial, intermittent or seasonal flow.
WETLANDThose areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, and similar areas.
WHOLESALE BUSINESSEstablishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WILD OR EXOTIC ANIMALAny species of animal whose natural or usual habitat within Pennsylvania is either in the wild or in a zoo, as opposed to a domesticated environment, regardless of whether such animal poses an actual or apparent threat to persons, other animals or property.
YARDAn open space, as may be required by this chapter, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted. As a minimum, where a new building or structure is proposed, the yard will be determined by applying the required setback lines for the appropriate zoning district.
YARD, FRONTAn open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.
YARD, REARA space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.
YARD, SIDEAn open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists, to the rear yard, or to the rear lot line where no rear yard exists.
ZONING MAP, OFFICIALThe Official Zoning Map shall be located in the Milford Borough Municipal Building and shall be identified by the signature of the President of the Borough Council of the Borough of Milford and shall bear a seal and date of signature; the signature, date and seal shall be affixed to each amendment to said Official Zoning Map.
ZONING OFFICERThe duly constituted municipal official designated to administer and enforce the Zoning Ordinance of the Borough.
ZOOA collection of animals which are maintained in a park by an educational, nonprofit or governmental entity.