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Morton City Zoning Code

PART 2

DEFINITIONS

§ 27-201 Purpose.

[Ord. 588, 4/12/1995, § 200]
1. 
For the purpose of this chapter, the following words and phrases shall have the meaning as given in this section:
A. 
Words in the present tense shall include the future.
B. 
The word "shall" is mandatory; the word "may" is optional.
C. 
The word "person" means an individual, corporation, partnership, firm, association, company, or any other similar entity.

§ 27-202 Specific Definitions.

[Ord. 588, 4/12/1995, § 201; as amended by Ord. 627, 2/13/2002, § 1]
For the purpose of this chapter, the following words and phrases shall have the meaning as given in this section:
ABANDONMENT
To give up or cease the act or use or occupancy of a building structure, or and with the intention neither of transferring rights to the property, nor of resuming the use of the property.
ABUTTING OWNER
The owner of record of parcel of land which is contiguous at any point to the parcel for which a zoning change or amendment is being considered or which has frontage on a common road or street (public or private) across from the subject parcel.
ACCESSORY BUILDING
A building subordinate to the principal permitted building on a lot and used for purposes customarily incidental to those of the principal permitted building.
ACCESSORY USE
A use subordinate to the principal permitted use of the land to which it is related and which is located either within the same structure(s) or in an accessory building or structure. A use which is clearly incidental to, and customarily found in connection with, a particular principal permitted use.
ACCESSWAY
A drive, driveway, aisle, private street or other pavement which connects parking areas, buildings and other structures to a road, street, or highway.
ADVERSE EFFECTS
Results contributing to a harmful or degraded condition and/or producing unfavorable results such as harmful or degraded conditions to the environment caused by adverse environmental impacts.
ALLEY
A right-of-way providing secondary vehicular access to the side or rear of two or more lots.
ALTERATIONS
Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams, or girders, or any change which could convert an existing building or other structure into a different structure or adapt it to a different use, or any change which could convert an existing building or other structure into a different structure, or adapted to a different use.
AWNING
Any structure made of cloth, fiberglass, or metal with a metal frame attached to a building and projecting over a thoroughfare.
BASEMENT
An enclosed area, partly or completely below grade. A basement shall be considered as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet.
BENEFICIAL EFFECTS
Results contributing to an improvement in condition and/or producing a favorable result.
BUFFER AREA
An area adjacent to a property boundary which is landscaped and maintained for a width as required in the certain districts in this chapter and in a manner as required by Borough Council.
BUILDING
Any structure having a roof supported by columns or walls, or other support and used for the shelter, housing or enclosure of persons, animals, or property.
BUILDING AREA
The aggregate of the maximum horizontal cross section area of a building, excluding unenclosed porches, terraces, patios, platforms, or other uncovered spaces, buttresses, chimneys, cornices, piers, or pilasters, unenclosed fire escapes, steps, bay windows, and balconies.
BUILDING HEIGHT
A vertical distance measured from the bottom of the first floor joists to the highest point of the roof, provided that the chimneys, spirals, towers, domes, elevator penthouses, tanks, and similar projects may or may not be included in the height as determined by Borough Council.
BUILDING SETBACK LINE
FRONT YARD BUILDING SETBACK LINE — The line parallel with the public or private street at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located; provided, that in the case of a lot where the side lines are not parallel, the building setback line shall be the point where the minimum lot width first coincides with the required front yard. All yards adjacent to a public or private street right-of-way shall be considered front yards.
SIDE YARD BUILDING SETBACK LINE — The line extending between the front yard setback line and rear yard setback line normally perpendicular to the front yard street right-of-way line and equal to the minimum depth of the side yard designated for each district in this chapter.
REAR YARD BUILDING SETBACK LINE — The line normally parallel to the front yard street right-of-way line and equal to the minimum depth of the rear yard designated for each district in this chapter.
CARPORT
A roofed-over structure, open on at least two sides, used in conjunction with a dwelling for storage of private motor vehicles.
CARTWAY
The area of a road or other street within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks, or drainage swales.
CENTER LINE
The center of the surveyed street, road, lane, alley, or alley right-of-way, or where not surveyed, the center line of the traveled cartway.
CERTIFICATE OF OCCUPANCY
A statement signed by the Building Inspector setting forth that a building, structure, or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purpose stated therein.
CHANGE OF USE
An alteration of a building, structure or land by change of use, theretofore existing, to a new use group which imposes other special provisions of law governing building construction, equipment, exits or zoning regulations.
CHARITABLE USE
A use by a nonprofit or eleemosynary organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee which is recognized as being less than that charged by a profit-making organization.
COMMERCIAL VEHICLE
A vehicle which is registered for commercial use by the state or ostensibly displays a commercial related identity by virtue of lettering, signs, ladder racks, tool racks and the like.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communication 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 Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
CONVERSION
The remodeling or alteration of a structure (including nonresidential structures) to provide for more dwelling units than were originally intended.
COVERAGE
That percentage of the area of a site occupied by impervious surfaces, including buildings.
DAY-CARE CENTER
Any premises in which child day-care is provided simultaneously for children who are not relatives of the owner/operator. Nursery schools are deemed to be "day-care centers."
DENSITY
Unless otherwise stipulated in this chapter, gross density shall be determined by dividing the total number of dwelling units by the total amount of land in the tract to be developed minus all land within the ultimate right-of-way existing roads.
DISTRICT
Includes all buildings and lots within certain designated boundaries as indicated on the Zoning Map or Maps.
DRIVEWAY
The vehicular method of entrance or egress to a land use.
DWELLING
A building or portion thereof designed for and used exclusively for residential occupancy, but not including group quarters.
DWELLING UNIT (DU)
A residential building or portion thereof forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
DWELLING TYPES
SINGLE-FAMILY DETACHED — A building designed and built to contain one dwelling unit, having no party wall in common with any other unit.
SINGLE-FAMILY SEMI-DETACHED (TWIN) — A building designed and built to contain two dwelling units arranged side by side to each other and separated by a party wall.
TWO-FAMILY DETACHED (DUPLEX) — A single-family attached dwelling having two individual dwelling units from ground to roof separated by one party wall in common with the other dwelling unit, but with no communicating openings.
SINGLE-FAMILY ATTACHED (TOWNHOUSE) — A building designed and built to contain five or more dwelling units arranged side by side and separated from each other by two party walls, except for the two end dwelling units.
TRIPLEX — A building, other than a townhouse, designed and built to contain three dwelling units, arranged adjacent to one another and separated by one or two party walls.
QUADRUPLEX — A building, other than a townhouse, designed and built to contain four dwelling units, arranged above and/or adjacent to one another and separated by one or two party walls.
APARTMENTS — A building designed and built to contain several dwelling units, arranged above and/or adjacent to one another, and which is at least two but not more than three stories in height.
EDUCATIONAL INSTITUTION
Any public, private, or parochial elementary or secondary school; any public two-year post-secondary school; any other private educational institution normally subject to regulations prescribed by the Commonwealth of Pennsylvania, which institution is operated on a non-profit basis.
ENLARGEMENT
An addition to the floor area of an existing building, an increase in size of another structure or an increase in that portion of a tract of land occupied by an existing use.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.
FAMILY
Any number of individuals living together as a single non-profit housekeeping unit with single kitchen facilities, when said individuals are related by blood, marriage, or adoption, including any number of foster children under the care of same, or no more than four unrelated individuals living together as a single, non-profit housekeeping unit with single kitchen facilities, excluding however, occupants of a club, fraternity house, lodge, rooming or boarding house, convalescent or nursing home, institutional home, tourist home, day care facility or communal living.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD, ONE-HUNDRED-YEAR
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year). For the purpose of this chapter the one-hundred-year flood elevation shall be determined by establishing the elevation of a point on the boundary of the flood prone area which is nearest to the site in question.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOOD HAZARD AREA
Those areas as described in § 27-1202 of this chapter and delineated on the Flood Hazard District Map.
FLOODPLAIN
(1) 
A relatively flat or low land area adjoining a river, stream, watercourse, or lake which is subject to partial or complete inundation.
(2) 
An area subject to the usual and rapid accumulation of surface water from any source.
FLOOD-PRONE AREA
Those areas as described in § 27-1202 of this chapter and delineated on the Flood Hazard District Map.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the "floodway" shall be capable of accommodating a flood of the one-hundred-year magnitude.
GARAGE, PRIVATE
An accessory building used for the storage of motor vehicles which may include one commercial vehicle, owned and operated by the owner or occupants of the premises, and for the storage of not more than two private non-commercial vehicles owned and operated by the occupants of the premises.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, as the case may be 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.
HABITABLE FLOOR AREA
The sum of the floor areas of all rooms for habitation, such as living room, dining room, kitchen, bedroom, etc., but not including hallways, stairways, cellars, or basements, attics, utility rooms, or bathrooms or closets.
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
HOME OCCUPATION
A use which is incidental or secondary to the residential use of a dwelling and which is conducted entirely within the dwelling by one of the residents.
IMPERVIOUS SURFACE
Those surfaces which do not permit the natural absorption of rainwater by the ground, included are the coverage of building, parking areas, driveways, roads, sidewalks, swimming pools and other areas of concrete or asphalt. Additional areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be considered as such.
INSTITUTIONAL HOME
A residential facility in which individuals reside while receiving therapy, counseling or other rehabilitative services for the following purposes:
(1) 
To assist them in recuperating from the effect of drugs and/or alcohol.
(2) 
To assist them in adjusting to living with handicaps of mental illness, emotional disorders or physical disabilities.
(3) 
To assist juvenile offenders and/or manageable youth in adjusting to society.
KENNEL
A structure for housing more than four dogs that are more than six months old and are kept, boarded, groomed, trained, raised, or bred for compensation as part of a service provided by an accompanying principal permitted use or structure.
LANDSCAPE PLANTING
A planting of vegetative materials including shrubs, ground covers, etc.
LOT
One duly recorded plot or parcel of land on which a permitted use or building and an accessory use or building may be placed, together with the required yards and areas required by this chapter.
LOT AREA
The area of land contained within the property lines of a lot, including the area of any easement.
LOT CORNER
A lot or parcel of land abutting upon two or more streets, or upon two parts of the same street forming an interior angle of less than 135°.
LOT COVERAGE
The percentage of the lot area that is occupied by the building area.
LOT DEPTH
The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT FRONTAGE
The distance measured along the street line of the lot abutting a public road, street, or highway.
LOT, INTERIOR
Any lot which has limited frontage to a dedicated street by virtue of being a flag-shaped lot; any lot which only has access to a street by an easement or right-of-way, such as a shared driveway, and may be characterized as landlocked in that said lot does not front on a dedicated street.
LOT LINE
A legally recorded property boundary line. In the case of any lot abutting a street, the "lot line" for the portion of the lot abutting the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line.
FRONT LOT LINE — The lot line abutting a street and coinciding with the street line.
REAR LOT LINE — A lot line opposite and most distant from the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line.
SIDE LOT LINE — Any lot line which is not a street or rear lot line.
LOT WIDTH
The horizontal distance measured between the side lot lines at the required or proposed building setback line.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
MUNICIPAL USE
A use owned by the Borough, such as parks, playgrounds, and other recreational, cultural and conservation areas; sites for sewage treatment, solid waste and refuse disposal and other public facilities owned and operated for the good and well-being of the Borough; and activities regularly conducted by the Borough at such sites and/or facilities.
NET FLOOR AREA
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.
NON-CONFORMING
As applied to buildings structures, signs, or use of land, legally existing at the time of enactment of this chapter which do not conform to the regulations of the district in which it is situate and which did not violate any ordinance at the time of its construction as applied to buildings, lots, structures, signs, or use of land.
PARKING SPACE
Reasonable level and stable space, which is paved and available for the parking of one motor vehicle. Parking spaces shall have an area of 180 square feet, nine feet by 20 feet to which there is adequate access from a street, except those spaces designated for handicapped use which shall have an area of 240 square feet (12 feet by 20 feet).
PERSON
Shall be construed to include a firm, association, organization, partnership, trust company, corporation, individual or other entity.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Utility Commission, designed and used to support overhead electricity transmission lines.
RECREATION VEHICLE
A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use; "recreational vehicles" or units, including boats, travel trailers, truck-mounted campers, motor homes, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts, and boat trailers are also deemed "recreational" having a body length and width not exceeding eight feet and 32 feet respectively.
RELIGIOUS INSTITUTION
A school, corporation, community service organization, or agency, or other similar activity or entity, which is directly related to, sponsored by, or operated by a church or religious denomination. Included are the administrative functions of such an institution and/or the facilities within which its services are provided.
RIGHT-OF-WAY (ROW)
A distinct and separate portion of land which is reserved or dedicated for some public or semi-public purpose (e.g., a street right-of-way).
SIGN
Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones built into or attached to a wall of a building shall not be construed to be "signs."
ACCESSORY — Any sign which is specifically related to the permitted use of the premises on which said sign is erected and which serves as a further description of products available to or services provided for the general public.
FLASHING — A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in light effects. Illuminated signs which indicate the time, temperature or date information shall not be considered "flashing signs."
FREESTANDING — A sign supported by or suspended from a freestanding column or other support located in or upon the ground surface.
GROUND SIGN — Any sign supported by uprights or braces placed upon the ground and not attached to any building.
ILLUMINATED SIGN — A sign designed to give forth artificial light directly (through transparent or translucent material) from a source of light within such sign or a sign with illumination derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source to areas other than the sign being illuminated.
MARQUEES — Includes any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.
ON-PREMISES — A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. "On-premises signs" do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
OFF-PREMISES — 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.
PARALLEL SIGN — A sign which is mounted parallel to a wall or other vertical building surface not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 15 inches from the wall surface.
POLE SIGN — A sign that is mounted on a freestanding pole or other single support.
PROJECTING SIGN — A sign which is attached directly to the wall of a building or other structure and which extends more than 15 inches from the face of such wall.
REAL ESTATE SIGN — A sign pertaining to the sale or lease of the premises on which the sign is located.
ROOF — Any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.
TEMPORARY — Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed only for a consecutive thirty-day period.
WALL — See "parallel sign."
WINDOW SIGN — A temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.
SIGN AREA
Construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the "area" shall be considered to be that of the smallest rectangle or other shape, including the sign background, which encompasses all of the letters and symbols.
SITE
A tract or parcel of land or combination of contiguous lots or parcels of land.
STORY
That part of a structure included between any floor and the floor or roof next above. When applied to the permissible height of buildings, the term "story" shall not include a basement if the basement is not designated for living quarters and if the floor thereof is more than five feet below the average ground level.
STRUCTURE
Any thing built, constructed, or erected which requires location to the ground or attachment to something located on the ground.
STRUCTURE ALTERATION
Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams, or girders, or any change which could convert an existing building or other structure into a different structure or adapt it to a different use.
STRUCTURAL USE
One or more buildings enclosed by continuous exterior walls and a continuous roof.
SWIMMING POOL (PRIVATE)
Any body of water, tank or receptacle for water, whether artificially or semi-artificially constructed, or portable, having depth at any point greater than two feet, used or intended to be used for swimming, bathing solely by the owner, his family and guests of the household, and constructed, installed, established or maintained outside any building in or above the ground upon the premises as an accessory use to the residence. Portable wading pools under two feet in depth are excluded.
TRAILER
A vehicle without motor power which may be towed on public highways by a passenger automobile without a special hauling permit, which is designed for human occupancy under transient circumstances, and which has a body width not exceeding eight feet and a body length not exceeding 32 feet.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARD
An unoccupied space on the same lot with a building or structure.
FRONT YARD — A yard extending the full width of the lot and located between the street right of way line and the front building line of the main building.
SIDE YARD — A yard located between aside lot line and the nearest side wall of the main building extending from the front yard to the rear yard.
REAR YARD — A yard extending the frill width of lot and located between the rear lot line and the rear building line of the main building.