[Ord. No. 368, 11/7/2023; Ord. No. 374, 6/4/2024]
ACCESSORY USE OR STRUCTUREA subordinate use or structure, the purpose of which is customarily incidental to that of the main use or building and on the same lot.
ALTERATIONSAs applied to a building or structure, means a change or rearrangement in the structural parts in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
BUFFERA strip of land which is planted and maintained in shrubs, bushes, trees, grass, or other landscaping material and within which no structure is permitted except a wall or fence.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING AREAThe total areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory structures.
BUILDING HEIGHTThe vertical dimensions measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling to the top story, in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane which coincides with the most projected surface. All yard requirements are measured to the building line.
CERTIFICATE OF OCCUPANCYA certificate issued and enforced by the Zoning Officer upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building which certifies that all requirements and regulations as provided herein and within all other applicable requirements have been complied with.
CO-LOCATIONThe mounting of one or more commercial communication antennas, an existing commercial communication tower, or on any structure that already supports at least one commercial communication antenna.
COMMERCIAL COMMUNICATION ANTENNAAll wireless communications facilities that are not commercial communication towers, including, but not limited to, all types of antennas, small cell structures, and accompanying equipment. Commercial communication antennas shall not include wireless support structures or any related equipment that is mounted to the ground or at ground level.
COMMERCIAL COMMUNICATION TOWERAny structure that is constructed primarily for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. DAS hub facilities are considered to be commercial communication towers.
CONDITIONAL USE"A use permitted in a particular zoning district pursuant to the provisions in Article VI" of the PA Municipalities Planning Code, Act 247. As such, the governing body [Borough Council (NOTE: See § 26-170E of this chapter.)] may authorize uses and activities not specifically reserved to the Zoning Officer or the Zoning Hearing Board.
DEVELOPMENT PLANThe provisions for the development of a planned development, including a plat of subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; streets, ways and parking facilities; common open space; and public facilities.
DISTRIBUTED ANTENNA SYSTEMS (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DRIVEWAYA private road that connects a house, garage, or other building with the street.
DWELLING UNITOne or more rooms providing living and sanitary facilities for one family, including equipment for cooking or provisions for same.
DWELLING, MULTIPLE-FAMILYA building designed, occupied or used by three or more families living independently of each other, wherein each dwelling unit or apartment shall contain private bath and kitchen facilities; including apartment houses. One or more multiple-family dwelling(s) can have one lot/parcel number. (See zoning districts for requirements and limitations.)
DWELLING, SINGLE-FAMILYA building designed for or occupied exclusively by one family. Single-family dwellings can be detached or attached. Attached units may include interior units, end units, or duplex units each being attached on only one side like an end unit. Detached units have setbacks on both sides. Attached units have no setback on an attached side. Each single-family dwelling has its own parcel/lot number.
DWELLING, TWO-FAMILYA building used by two families living independently of each other, and having two side yards. An attached configuration arranges the dwellings side-by-side as a duplex (also known as a "semi-detached" dwelling), a detached configuration arranges the dwellings with one unit arranged over the other. Each two-family dwelling has one lot/parcel number.
FAMILYA single individual, doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons, doing their own cooking and living together upon the premises as a separate housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond.
FCCFederal Communications Commission.
FENCEAny freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, vinyl, wire, wire mesh, or similar materials either singularly or in combination, erected, placed or arranged as a line of demarcation, an enclosure or a barrier.
FLOODWhenever a body of water drastically exceeds its normal confinements.
FLOODPLAINSA relatively flat or lowland area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude.
FLOOR AREAA total enclosed area in the horizontal plane of a structure, measured from the faces of the exterior walls.
GARAGE, PRIVATEA structure or space used as an accessory to the main structure which provides for the storage of motor vehicles of the families residing upon the premises and in which no occupation, business or service for profit is carried on.
HABITABLE FLOOR AREAThe sum of the gross horizontal interior areas of all rooms within a dwelling used for habitation, such as living room, dining room, kitchen or bedroom, but not including stairways, cellars, attics, service rooms, utility rooms, common hallways, or unheated areas such as enclosed porches or rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.
HEIGHT OF A COMMERCIAL COMMUNICATION TOWERThe vertical distance measured from the ground level, including any base pad, to the highest point on a commercial communication tower, including commercial communication antennas mounted on the commercial communication tower and any other appurtenances.
HOME OCCUPATIONAny activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit or on the property. (Also see "no-impact home-based business.") The conducting of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home, animal hospital or any similar use which, in the opinion of the Planning Commission, could create a traffic or noise problem shall not be deemed to be a home occupation.
HOTELA building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building as an accessory use.
IMPROVEMENTThose physical additions, installations, and changes required to render land suitable for the use intended, including, but not limited to, grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and other public utilities, and street shade trees, and improvements to existing water courses. (Note: Improvements encompass any building, structure, paving, hardware or object that may be included when real estate is transferred between parties. This would include items such as a storage shed, carport, or solar energy system, buy would exclude readily moveable objects such as temporary signs or similar items granted a temporary permit.)
JUNK/SALVAGE YARDAny area and/or structure used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles primarily not in running condition.
LAND DEVELOPMENT"Any of the following activities: (1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (i) 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 (ii) 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. (2) A subdivision of land. (3) Development in accordance with § 503(1.1)" per PA Municipalities Planning Code (MPC) Act 247. (See also Chapter
21, SALDO.)
LOTA piece, parcel or plot of land occupied or designed to be occupied by a structure and its accessory structures or by a dwelling group and its accessory structures, together with such open spaces as are arranged and designed to be used in connection with such structures.
LOT AREAAn area of land which is determined by the limits of the lot lines bordering that area.
LOT DEPTHA mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT WIDTHThe mean horizontal distance between the side lot lines, measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, the mean lot width shall not be less than the required lot width.
LOT, CORNERA parcel of land at the junction of and fronting or abutting on two or more intersecting streets.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODULAR HOMEA type of dwelling that is in a substantial part but not wholly produced in sections off the site and then is assembled and completed on the site. This shall not include any dwelling that meets the definition of mobile home, nor shall it include any dwelling that does not rest on a permanent foundation, nor any dwelling intended to be able to be moved to a different site once assembled, nor any dwelling that would not fully comply with any and all applicable building codes. A modular home also shall not include a building that includes only one substantial piece prior to delivery on the site.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units 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 designations, but shall not be construed to include mobile or immobile trailers or homes.
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. Such business involves no customer, client, patient or employee traffic, whether vehicular or pedestrian, no signs, sounds or lights, visible outdoor storage, and no pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. (NOTE: See §
26-134 of this chapter for application.)
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance 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 a zoning ordinance or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reason of annexation.
OFF-STREET PARKINGA temporary storage (surface or structure) for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedication right-of-way, and is located upon the same lot as a principal use or, in the case of joint parking, within close proximity.
PARKING SPACEAn off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PERMITTED USEAn allowed use (permitted by right) in one or more districts for which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of the Zoning Ordinance. A "nonconforming use" and/or a "special exception" use shall not be considered to be a permitted by right use.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units and related infrastructure. The development plan for a PRD shall adhere to zoning district density, but may not necessarily correspond in lot size, bulk or type of dwelling, lot coverage and required open space to the regulations established in the existing residential district under the provisions of this Zoning Ordinance.
PRINCIPAL BUILDINGA building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
PROFESSIONAL OFFICEThe office of a member of a recognized profession, as herein after indicated. A profession office may offer non-retail-based services which are typically provided by appointment. The issuance of a state or local license or regulation of any gainful occupation need not be deemed indicative of professional standing.
When conducted on a residential property or in a residential district, the use shall conform to standards for a no-impact home-based business and the profession shall include only the offices of doctors, ministers, architects, engineers, lawyers, accountants, insurance agents, and such similar occupations which may be so designated by the governing body, upon finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.
PUBLIC OR COMMUNITY SEWERA municipal sanitary sewer system or comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Resources.
PUBLIC WATERA municipal water supply system, or a comparable common water facility approved by the Pennsylvania Department of Environmental Resources.
RELATED EQUIPMENTAny piece of equipment related to, incidental to, or necessary for, the operation of a commercial communication tower or commercial communication antenna. By way of illustration, not limitation, related equipment includes generators and base stations.
REQUIRED FRONT YARDThe area in front of the building setback line excluding the driveway and specifically permitted parking lots/spaces (for purposes of this chapter).
SETBACKThe setback of a building or improvement from a particular lot line is the horizontal distance from such lot line to the part of the structure nearest such lot line.
BUILDING SETBACK LINE — The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way, and the line defining side and rear yards, where required. |
SIGNAny device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed four-sided (straight sides) geometric shape which most closely outlines the said sign.
SIGN, COMMERCIALAny sign owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs or any sign advertising a commodity not sold or produced on the premises. This shall include billboards and off-premises signs indicating the direction a particular place.
SIGN, POLITICALAny sign pertaining to a person or party seeking political office or a political cause or opinion (in support or opposition) on a referendum or matter of political concern and which relates to a scheduled election or matter of upcoming vote by a government body or which may be a subject of legislation or regulation.
SITE PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Commission or the Zoning Hearing Board shall be submitted in unusual or special cases.
SOLAR ENERGY SYSTEMSAccessory Solar Energy System (ASES), solar systems that produce power for a permitted use on the same property. (often referred to as "residential solar") per the Tri-County Regional Planning Commission (TCRPC) is defined as "An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more freestanding ground- or roof-mounted solar arrays or modules, or solar-related equipment, and is intended to primarily reduce on-site consumption of utility power or fuels." |
Utility Scale, generates solar power and feeds it into the grid, rather than being designed for predominately on-site consumption. Typically, utility scale solar energy systems are ground mounted and have a power purchase agreement (PPA) with a utility. |
Community Scale, generates solar power which is not designed for predominately on-site consumption, but rather may be owned in shares or leased to members of the local area. |
SPECIAL EXCEPTIONA use in one or more districts for which the Zoning Hearing Board grants a special use permit pursuant to compliance with the provisions of this chapter.
STEALTH TECHNOLOGYCamouflaging methods applied to commercial communication towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use or average more than five feet above grade. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls are not more than two feet above such story.
STREETAny street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other way, whether public or private, used or intended to be used by vehicular traffic or pedestrians.
STREET LINEThe street line is the line determining the limit of the street or highway right-of-way, either existing or contemplated. Where a definite right-of-way width has not been established, the street line shall be assumed to be a point 25 feet from the center line of the existing street.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not fixed to the land.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGEA modification to an existing wireless communications facility that falls under the provisions of the Pennsylvania Wireless Broadband Collocation Act and/or the FCC's October 2014 Report and Order.
SWIMMING POOLA body of water in an artificial or semi-artificial receptacle or other container 18 inches or more in depth, used or intended to be used for public, semi-public or private swimming by adults or children.
TRAVEL TRAILERA vehicular, portable structure built on a chassis (pick-up camper, connected bus, tent-trailer, tent or similar device) designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.
USEThe specific purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained. (See also "conditional use," "nonconforming use," "permitted use," "special exception.")
VARIANCEA modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of this chapter and Section 910 of Act 247, Pennsylvania Municipalities Planning Code, as amended.
VEHICLE COMMERCIALIncludes any type of vehicle used for transporting goods, including work trade tools, or passengers for compensation or related to employment and may display visible advertising or business logos.
VEHICLE SERVICE FACILITIESA building or lot or part thereof used for the service or maintenance of motor vehicles, including filling stations, repair shops and body shops.
VEHICLE, LIGHT-DUTYA motor vehicle, no greater than Class 2b, with no more than two axles and four wheels, weighing no more than 8,500 pounds with dimensions not to exceed eight feet tall and 20 feet long (for purposes of this chapter).
WALLAny freestanding and uninhabitable structure principally constructed of masonry, concrete, masonry block, stone, cinder block, or similar materials either singularly or in combination, erected, placed or arranged as a line of demarcation, an enclosure or a barrier.
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.).
WIRELESS COMMUNICATIONS FACILITY (WCF)The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. WCF is a general term that includes both commercial communication antennas and commercial communication towers.
WIRELESS FACILITY - SMALLThe equipment and network components, including antennas, transmitters, and receivers, used by a wireless provider that meets the following requirements:
A. Each antenna associated with the deployment is no more than three cubic feet in volume.
B. The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this paragraph.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a commercial communication tower or any other support structure that is used to support the placement or installation of a wireless communications facility if approved by the Borough.
YARD, FRONTAn open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. The depth of the front yard shall be measured at right angles to the street line.
YARD, REARA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side lot lines.
YARD, SIDEAn open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either such yard, to the street or rear lot line as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.