In the construction of this chapter, the definitions contained herein shall be observed and applied, except when the context indicates otherwise. Words not defined shall be observed and applied consistent with common parlance and according to their dictionary definitions.
ACCESSORY BUILDINGA building which:
A. Is subordinate to and serves a principal building.
B. Is subordinate in area, extent or purpose to the principal building served.
C. Is located on the same lot as the principal building served.
D. Is not used for dwelling purposes nor normally occupied by personnel associated with any use.
E. Is not attached to the principal building by covered passageway, wall more than three feet high, and shares no wall in common with the principal building.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of the land or principal building and located on the same lot with such principal use or principal building.
ADULT BUSINESSAn establishment consisting of, including, or having the characteristics of any or all of the following:
A. ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale, books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
B. ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
C. ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
D. (1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;
(2) A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
AGRICULTURE OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. This term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
ALTERATIONAs applied to a building or structure, a change or rearrangement of the structural parts of the same, or an enlargement in the height, width or length of the same.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
ASSISTED LIVING FACILITYResidences for the frail, elderly, physically or mentally challenged that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. Such a facility does not require a license from any agency of the Commonwealth of Pennsylvania, other than the Department of Labor, in order to operate.
AUTOMOTIVE SALES/SERVICE/REPAIRThe use of any building, land area or premises for the retail dispensing of vehicle fuels, the servicing and repair of personal passenger vehicles, light trucks and vans or the display and sale of new or used personal passenger vehicles, light trucks and vans.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for purposes of this chapter, the 100-year flood.
BASE FLOOD ELEVATIONThe 100-year flood elevation. Within the approximated floodplain the base flood elevation shall be established as a point on the boundary of the approximate floodplain closest to the construction site in question.
BASE GRADEThe average elevation of the grade line at the side of the building or structure in, at or nearest the front setback line of the lot.
BASEMENTA level of a structure and the space within which has more than 50% of its height above average finished grade and which shall be considered in its entirety for purposes of the height limitations of this chapter.
BOARDThe Zoning Hearing Board of New Stanton Borough established by this chapter.
BOROUGH ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough of New Stanton.
BUILDINGAny structure having a roof supported by columns or walls resting on its own foundation and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. A "detached building" is one separated on all sides from adjacent buildings by open spaces from the ground up.
BUILDING LINEThe building line is that line fixed by the required yard depths measured back from the nearest road right-of-way line or property line.
BUILDING HEIGHTThe vertical distance and the number of stories measured from the basic grade to:
A. The highest point of the roof adjacent to the front wall, for flat roofs.
B. The deckline of mansard roofs.
C. The main (top) height between eaves and ridge for gabled, hipped or gambrel roofs.
BUILDING, PRINCIPALA nonaccessory building in which a principal use of the lot on which it is located is housed.
BUS OR TRUCK TERMINALAn area and building where buses, trucks and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.
BUSINESS SERVICEAny business activity which renders service to other commercial or industrial enterprises.
CELLARA space having 50% or less of its height below average grade, which may not be occupied for dwelling purposes and is not included in computing the number of stories for the purpose of height measurements.
CHAPTERA chapter of the Borough of New Stanton Code of Ordinances, as amended and supplemented.
CLEAR SIGHT TRIANGLEThe triangular area formed by two intersecting street center lines and a line interconnecting points established on each center line, 75 feet from their point of intersection. This entire area is to remain clear of obstructions to sight above a plane established 3 1/2 feet in elevation from grade level at the intersection of the street center line.
CLINICAny establishment where human patients are examined, treated and/or attended by doctors, psychiatrists, optometrists, chiropractors or dentists, but not hospitalized overnight.
COMMERCIAL STORAGE BUILDINGAccessory structures, not to exceed 25% of the area of the principal structure, used for inventory or equipment storage on sites with commercial or light industrial principal uses.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions of Article VI of the Pennsylvania Municipalities Planning Code and Part
6 of this chapter.
CONSISTENCYAn agreement or correspondence between matters being compared which denotes a reasonable rational, similar, connection or relationship.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
CONTRACTOR SUPPLY YARDSA commercial establishment storing or offering for sale building supplies, steel, lumber, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include junkyards or similar facilities.
COVERAGE, LOT (BULK)That percentage of the total lot area covered by principal and accessory use structures, and all other impervious surfaces.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.
DESIGNATED FLOODPLAIN DISTRICTSThose floodplain districts specifically designated in this chapter as being inundated primarily by the 100-year flood. Included would be areas identified as floodway district, flood-fringe district and general floodplain district.
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
B. The Zoning Hearing Board; or,
C. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development Part in this chapter. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision or a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
DEVELOPMENT PLAN (LAND DEVELOPMENT)The provisions for development, including a planned residential development, 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. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFEAny development which will be used for the production or storage of any of the following dangerous materials or substances, or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises:
K. Nitric acid and oxides of nitrogen.
L. Petroleum products (gasoline, fuel oil, etc.).
P. Sulfur and sulfur products.
Q. Pesticides (including insecticides, fungicides and rodenticides).
R. Radioactive substances, insofar as such substances are not otherwise regulated, or will involve the production, storage or use of any amount of radioactive substances.
DUPLEXA building containing two single-family dwelling units separated from each other by an unpierced wall extending from ground to roof.
DWELLINGAny structure designed or used as the permanent living quarters for one or more families and not including hotels, motels or transient accommodations.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as a single housekeeping unit, with cooking, sleeping and sanitary facilities for a single family.
DWELLING, MULTIFAMILYA building containing five or more dwelling units, including units that are located one over the other.
ESSENTIALLY DRY SPACEA space which 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.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other government agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, communication, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of such service by such public utilities or municipal or other governmental agencies; excluding, however, buildings, storage tanks, wireless communications facilities, towers, antennas, relay or transmission stations, substations and pumps.
FAMILYA group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit that is based on an intentionally structured relationship providing organization, stability and/or permanency and functioning as a family.
FENCEA fabricated barrier used to separate or enclose an area of land and includes, but is not limited to, walls, arbors, trellises and fences.
FLOODA general and temporary inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation of runoff or surface waters from any source, or mudslides which are proximately caused or precipitated by accumulations of water on or under the ground.
FLOOD-FRINGE DISTRICT (FF)That area of the 100-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the Flood Insurance Study (FIS) prepared by the Federal Insurance Administration (FIA) and dated June 15, 1981, revised August 15, 1983, and August 5, 1997. (See "floodway district" below).
FLOODPLAINAny land area susceptible to being inundated by water from any source.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY DISTRICT (FW)Is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevations of that flood more than one foot at any point. The areas included in this district are specifically defined in the Flood Insurance Study dated June 15, 1981, revised in 1983 and 1997, prepared by the Federal Insurance Administration.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
GARAGE, COMMERCIALA permitted commercial accessory structure for the parking or storage of commercial vehicles used in the operation of the principal use.
GARAGE, RESIDENTIALA permitted residential accessory structure and use for the parking and storage of personal passenger vehicles, light trucks and vans or personal recreational vehicles or boats, owned and operated by the occupants of the residence and not available to the general public.
GENERAL FLOODPLAIN DISTRICT (FA)That floodplain area for which no detailed flood profiles and elevations are provided. Such areas are shown on the maps accompanying the Federal Insurance Study prepared by the Federal Insurance Administration. In determining the necessary elevations for the purposes of this chapter, other sources of data may be used, such as:
A. Corps of Engineers Floodplain Information Reports.
B. United States Geological Survey Flood-Prone Quadrangles.
C. United States Department of Agriculture Soil Conservation Service County Soil Surveys (Alluvial Soils).
D. Known high-water marks from past floods.
HEALTH AUTHORITYThe legally designated health authority of Pennsylvania (Department of Environmental Protection), or authorized representative of the political subdivision concerned.
HOME-BASED BUSINESS (NO-IMPACT)A business or commercial activity administered or conducted as an accessory use, which is clearly secondary and incidental to the use as a residential dwelling and which does not involve customer, client, or patient traffic, or pickup, delivery, or removal functions, in excess of those normally associated with residential use. No-impact home-based businesses shall be included in this definition.
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking or lights, with the exception of a sign.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
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.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LONG-TERM NURSING FACILITYAn institution licensed by the Pennsylvania Department of Health to provide skilled or intermediate nursing care services to residents. The facility may be for-profit, nonprofit, hospital-based or operated by the county or the county institution district.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT LINE, FRONTIn the case of an interior lot, the line separating the lot from the street. In the case of a corner lot, the required front yard shall be provided along every street.
LOT, DEPTHThe mean horizontal distance between the front lot line and the rear lot line, measured along a line that is midway between the side lot lines.
LOT, THROUGHA lot having frontage on two parallel, or approximately parallel open public streets and which is not a corner lot.
LOT, WIDTHThe dimension of a lot, measured between the side lot lines at the front building line, which is the length of said line.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MINOR REPAIRThe replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MIXED-USE STRUCTURESA building which contains commercial, office or service uses and residential uses.
MOBILE OR MANUFACTURED 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 with or without a permanent foundation.
MOBILE OR MANUFACTURED HOME LOTA parcel of land in a mobile or manufactured home park which is designed and improved for the placement thereon of a single manufactured home.
MOBILE OR MANUFACTURED HOME PARKA parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes.
MOBILE OR MANUFACTURED HOME STANDThat part of an individual manufactured home lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.
MULTIPLEXA specific type of dwelling containing three or four dwelling units, each accessible from the ground floor with open space exposures and sharing one or two walls with adjoining units.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945." or the Act of June 19, 2001 (P.L. 287, No. 22), known as the "Municipality Authorities Act".
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
NURSING HOME (INTERMEDIATE CARE FACILITY)A facility that provides, on a regular basis, personal care, including dressing and eating, and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
OBSTRUCTIONAny wall, dam, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district:
A. Which may impede, retard or change the directions of the flow of water, either in itself or by catching or collecting debris carried by such water; or
B. Is placed where the flow of the water might carry the same downstream to the damage of life and property.
100-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years; (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
PARKAn area provided for the public to be used for recreation of leisure activities including, but not limited to picnicking, sitting and walking.
PARKING AREAAn area other than a street used for the temporary parking of more than four automobiles.
PERMITWritten approval, in whatever form, as issued by the Borough in conformance with this chapter.
PERSONAny individual, firm, trust, partnership, public or private association or corporation or other entity, including state and local governments and agencies.
PERSONAL CARE HOMEA premises licensed by the Pennsylvania Department of Public Welfare in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. This term includes a duly licensed premise that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services, but who are not receiving such services.
PERSONAL SERVICESAny commercial establishment providing services pertaining to the person, his apparel or personal effects commonly carried on or about the person, and including hair dressing, shoe repair, tailoring and cleaning on the premises of wearing apparel brought to the establishment by the customer.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.
PLAYGROUNDAn area provided for the public to be used for exercise and recreation, including, but not limited to, baseball fields, football fields, basketball, volleyball and tennis courts, swimming pools, horseshoe pits, track and field event area, swings, slides, climbing bars, and other children's play equipment.
PRINCIPAL USEThe primary or predominant use of any lot or parcel.
PROFESSIONAL OFFICEAny office of recognized professions, such as doctors, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers and others who through training are qualified to perform services of a professional nature.
PROFESSIONAL SERVICESAny office or establishment of those whose training qualifies them to provide specialized services to the community in the commonly recognized professions (education, engineering, law, medicine, music, philosophy, science, theology) the arts (architecture, drama, music, painting, photography, writing) and similar activities (insurance, real estate).
PUBLIC FACILITYAny person, firm, corporation, municipal department, or board, duly authorized to furnish, and furnishing under the Public Utility Commission or municipal regulations to the public, electricity, gas, steam, communication (excluding wireless), transportation, water or sewerage.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.
PUBLIC NOTICENotice published once each week for two successive 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.
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RETAIL CENTERA retail commercial area designed as a unit, with adequate off-street parking, and usually consisting of a multitenant, one or more one-story buildings.
RETAIL SALESAny commercial establishment engaged in selling commodities, goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
ROADThe entire right-of-way of a public or private street or highway.
SELF-STORAGE CENTERA building or group of buildings divided into separate units or compartments, designed and used for the storage of the personal property of the owner or tenant of the unit.
A. The height of any individual storage unit from floor to ceiling shall not exceed 10 feet; the maximum size of any individual storage unit shall consist of 300 square feet of floor area; and individual storage buildings shall be limited to a height of two stories.
B. The storage of foodstuffs, produce or other perishable items shall be prohibited.
C. Conducting an office, retail, wholesale or other business use from a storage unit shall be prohibited.
D. The storage of gasoline, oil or similar petroleum products apart from that contained in the fuel tank or engine of a vehicle stored within said facility shall be prohibited, as well as the storage of radioactive materials, explosives and flammable or hazardous chemicals.
E. The storage of livestock, plants, animals or other living organisms shall be prohibited.
F. A self-storage center shall not contain nor provide permanent on-site material handling facilities, such as loading docks, tow motors, fork lifts or other similar material handling apparatus, with the exception of a freight elevator for storage in second-story units.
G. The said self-storage center shall be permitted within the business zoning classification district as a conditional use for the purpose of providing storage facilities to the general public as distinguished from a warehouse or other commercial storage facility utilized exclusively for the storage of commercial products. The use of a self-storage center exclusively for the storage of commercial products shall be prohibited within the business zoning classification district. Commercial products shall be defined as those items of personal property held or stored for the purpose of:
(1) Sale, resale, lease or other commercial distribution, or
(2) Commercial application or incorporation into a product, item, thing, building or structure.
(3) Storage on the property outside of the self-storage center shall be 50,000 square feet.
SIGNA name, identification, description, display or illustration which is affixed to, or painted or represented directly or indicated upon, a building, structure, movable base or piece of land which announces, directs attention to or advertises an object, product, place, activity, person, message, institution, organization, business, home-based business, or home occupation.
SIGN, ADVERTISING (BILLBOARD)A sign which announces, directs attention to or advertises a business, commodity, product, place, service or entertainment conducted, sold or offered elsewhere than upon the premises where such a sign is located, or to which it is affixed.
SIGN, BUSINESSA sign which directs attention to a business, occupation or profession conducted or to a product, commodity or service conducted, sold or offered upon the premises where such sign is located, or to which it is affixed.
SIGN, ELECTRONIC VARIABLE MESSAGEAn electrically activated sign whose message content is alphabetical or numerical only, and either whole or in part, may change by means of electronic programming.
SIGN, MULTIPLE SLATS/PANELSA sign whose message changes by means of flipping of slats or panels encased in a stationary frame or cabinet. This does not include a sign whose message is changed in a revolving or oscillating manner.
SIGN, PORTABLEAny sign not permanently attached to the ground or to a structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; sandwich board signs; and balloons and banners used for advertising.
SIGN, ROTATINGA sign which, in its entirety, moves in a revolving, oscillating or similar manner. Such motion does not include methods of changing the sign face copy by flipping of slats or panels.
SIGN, SNIPEAny sign of any material whatsoever erected by a person other than the property owner that is attached in any way to a utility pole, tree or fence.
SKILLED OR INTERMEDIATE NURSING CAREProfessionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term care nursing facility on an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity. The term includes the provision of inpatient services that are needed on a daily basis by the resident, ordered by and provided under the direction of a physician, and which require the skills of professional personnel, such as registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech pathologists or audiologists.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.
START OF CONSTRUCTIONThe first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings of any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages, or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STORAGE SHEDAny man-made object originally designed, built and used for storage, no larger than 150 square feet and not higher than 15 feet. Utilities shall be limited to electricity. Storage sheds shall not be occupied and must be located in the rear yard or side yard. If located in the side yard, the storage shed must meet the normal side yard setbacks for the particular district.
SUBSTANTIAL IMPROVEMENTA. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceed 50% of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged, and is being restored, before the damage occurred.
B. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
SUBSTANTIALLY COMPLETEDWhere, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
A. ARTERIAL STREET (ROAD)A street with access control, channelized intersections, restricted parking, and that collects and distributed traffic to and from minor arterials.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SWIMMING POOLAny depression in the ground, whether temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water of an average depth of 30 inches or more is contained and which is used primarily for the purpose of swimming, water sports or therapeutics.
TELECOMMUNICATIONS TOWERA tower, pole or similar structure that supports cellular or telecommunications antenna operated for commercial purpose above the ground in a fixed location, freestanding, guyed or on a building or other structure.
TEMPORARY OUTDOOR ACTIVITYAny activity conducted outdoors or within or about tents or other such contrivances within any special, commercial or residential districts in the municipality, including but not limited to carnivals, outdoor displays of merchandise, vehicles or manufactured products, promotions, amusements, gatherings of people and similar activities. (All temporary outdoor activity shall be considered temporary uses.)
TEMPORARY STRUCTUREOne which may be characterized by one or more of the following features: does not have a poured concrete foundation; rests on its floor, wheels, legs, blocks, or a frame; is a nonconforming structure, or is used in conjunction with development or construction.
TRAVEL TRAILERA manufactured vehicle, with wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile and having an overall width less than eight feet.
USEThe purpose or activity for which the land, or building thereon, is designed, arranged or intended or for which it is occupied or maintained.
VARIANCERelief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
WHOLESALE USESAny establishment selling commodities or goods in quantity lots to a retailer (having a tax exempt number and operating an established retail business) who sells to the ultimate consumer.
YARDA space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONTA yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the lot line and the building line.
YARD, REARA yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied by other than accessory buildings which do not occupy more than 30% of the space and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such buildings.
YARD, SIDEA yard between the principal building and the side lot line, extending from the front yard, or from the front lot where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally and at 90° with the side lot line, from the nearest part of the principal building.
ZONING AND CODES OFFICERThe administrative officer designated to administer this chapter and issue zoning and building permits.