A term which includes adjacent, contiguous, and touching.

A building or use customarily incidental to the use of the principal building and located on the same lot as the principal building or use.

The overall total area of real property.

The remaining area after all deductions are made; with deductions including street, easements for access, street dedications and similar areas.

An establishment having a substantial amount (more than 20% of floor space or more than 20% of its show time) of its stock-in-trade, books, magazines, photographs, videotapes, on-site picture or live shows, messages which are distinguished by their emphasis on matters depicting, describing or relating to "obscene" materials, shows or services as defined herein.

A public or private way affording only secondary means of access to abutting property.

Any change, addition or modification in construction, occupancy or use.

As applied to a building or structure, a change or rearrangement in the structural parts of a structure including the walls, columns, beams, girders, floors, roof or ceiling; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another; but not including normal maintenance or minor repairs or improvements.

Man-made trees, clock towers, bell steeples, light poles and similar alterative-design mounting structures that camouflage or conceal the presence of antennas or towers. Such devices shall not be deemed a public utility or public use.

An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.

The raising and keeping of livestock and poultry, with the intent of producing capital gain, or profit or with the intent of selling any livestock or poultry products. The keeping of livestock or poultry as farm pets, or for domestic purposes pursuant to the regulations of this chapter shall not be construed as animal husbandry.

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Such devices shall not be deemed a public utility or public use.

A residential building designed or used for three or more dwelling units.

Assisted-living residential care combines private apartment-like living with supportive services such as personal care, housekeeping, linen service, meals, medication management, and twenty-four-hour oversight. Sometimes, health care services may be available at the facility or through an arrangement with another provider.

A building or place of business where such items as gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.

A place where two or more motor driven vehicles which do not bear a current state inspection sticker and license plate and their related parts are stored or disassembled.

A shelter supported entirely from the exterior wall of a building.

The lines that connect a provider's towers/cell sites to one or more cellular telephone networks. Such devices shall not be deemed a public utility or public use.

A floor level partly or completely below grade. A basement shall be considered a story if more than 1/3 of the perimeter walls are five feet or more above the finished grade level of the ground immediately adjacent to the walls.

A limited commercial activity, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.

Land, or a group of lots, surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract.

The Zoning Hearing Board of Northampton.

The Borough Council of the Borough of Northampton.

Any device or material used to reduce the impact of one land use activity upon another land use activity. An effective buffer (screening) includes a mound, wall, fence and/or dense screen planting composed of trees, shrubs, and vegetative ground cover to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise throughout the year.

Any structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property.

That percentage of the plot or land area covered by the principal and accessory buildings (including covered porches, carports, and breezeways, but excluding open patios).

The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.

The premises in which care is provided at any one time for seven or more children unrelated to the operator. This child care is in lieu of care by the parent or guardian for part of a twenty-four-hour day. The term does not include care of related children, foster children, nor on-site training in the case of a student who is fulfilling the requirements of a secondary, postsecondary, postsecondary child-care training or educational curriculum. The PA Department of Welfare is responsible for licenses and regulations of child day-care centers.

An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.

A building to house a club or social organization not conducted for private profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

Any motor vehicle which is required by law to bear any license plate other than that issued for passenger car use. Also, any motor vehicle including passenger cars which by reason of a characteristic coloring or marking exceeding one square foot in area is identified or commonly associated with any business, industry, or public agency shall be considered a commercial vehicle within the terms of this chapter. Other passenger cars used in business by a resident shall not be considered commercial vehicles.

The Borough of Northampton Planning Commission.

A parcel or parcels of land or a combination of land or water area within a development site not including streets, off-street parking areas, private yard space, and areas set aside for nonresidential and public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved by the Borough Council and as are appropriate for recreational use or enjoyment by the residents of the development site.

A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas. The height of a communication tower shall be the vertical distance measured from the ground level to the highest point on a communication tower, including antennas mounted on the tower.

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

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.

The declaration of purposes, policies and programs for the preservation, enhancement, and development of the Borough.

A use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.

Any building or portion thereof which contains facilities for living, sleeping and sanitation and may also include facilities for eating and cooking for occupancy by other than a family. A congregate residence may include a shelter, convent, monastery, dormitory, fraternity, fraternity or sorority house, but shall not include jails, hospitals, nursing homes, hotels or lodging houses.

A facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

The redesign and change of residential or other nonconforming structures to commercial use.

The redesign and change of existing residential or nonresidential structures into a one-, two-family and multifamily dwelling.

A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

An establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.

The keeping for part-time care and/or instruction, whether or not for compensation, of six or less children or adults at any one time within a dwelling, not including members of the family residing on the premises. Domiciliary care homes are included in family day care. Also see definition for "domiciliary care homes."

An establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschool and adult-care facilities are included in this definition.

See definition of "patio" and "porch."

The number of dwelling units which are allowed on an acre of land, which area of land shall be permitted to include dedicated streets contained within the development.

A portion of the territory of the Borough within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.

A premises certified by the local Area Agency On Aging (AAA) for the purpose of providing a supervised living arrangement in a homelike setting for a period exceeding 24 consecutive hours to elderly and/or handicapped clients placed there by the AAA. Domiciliary care homes are required to comply with the PA Department of Aging permit regulations.

Any building, or portion thereof designed or used as the residence of one or more persons. The term "dwelling" shall not be deemed to include mobile home park, rooming house, tourist home, hotel, hospital, nursing home, dormitory, fraternity or sorority house, or other student resident as defined herein.

A dwelling unit consisting of one room for living and sleeping purposes, a bathroom, kitchen and closets directly off the principal room.

The technical process of identifying and evaluating the potential environmental effects of a specific project both within impact category and as a whole. For existing nonresidential property, an evaluation of possible on-site pollution may be included in the required EA to identify potential hazards and brown field sites. A Phase I and/or II study acceptable to the appropriate agency of the Commonwealth of Pennsylvania will satisfy the on-site pollution evaluation requirements.

The Federal Aviation Administration.

Any individual, or two or more persons, all of whom are related by blood, marriage, legal adoption or foster placement. A group of not more than six persons, some of whom are not related as defined above, living together as a single housekeeping unit shall also be considered to be a family. A "family" shall not be deemed to include the occupants of a hotel, motel, boarding house, rooming or lodging house, club, fraternity/sorority or dormitory or patients at a temporary crisis or care center.

The keeping for care and/or instruction, whether or not for compensation, of six or less children or adults at any one time within a dwelling, not including members of the family residing on the premises. Domiciliary care homes are included in family day care. Also see definition for "domiciliary care homes." and "day care, family." Family care homes are not regulated by the PA Department of Welfare until four or more individuals receive service and the facility then is defined as a personal care facility or a domiciliary care home which is regulated by the PA Department of Aging.

The Federal Communications Commission.

Any outdoor barrier composed of fabricated materials which is placed or arranged as a line of demarcation between lots, or to enclose a lot or a part of a lot. For the purpose of this chapter, a fence is a boundary line fence when the average center line of the fence is established on the lot within two feet of a property and/or lot line. The height of any fence shall be the distance measured from the existing grade of the natural surface to the top of the fence.

A temporary inundation of normally dry land areas.

The sum of the horizontal area of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof.

The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

The width of a lot or parcel abutting a public right-of-way measured at the front property line.

The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from the building.

A facility which provides resident services to six or more individuals of whom one or more are unrelated. These individuals are handicapped, aged or disabled, are undergoing rehabilitation and are provided services to meet their needs. This category includes uses licensed or supervised by any federal, state or county health/welfare agency, such as group homes (all ages), halfway houses, resident schools, resident facilities and foster or boarding homes.

Space in a structure for living, sleeping, eating or cooking. Bathrooms toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

When referring to a tower used or to be used in wireless communications, the distance measured from the finished grade at the perimeter of the structure to the highest point of the tower or other structure, including the base pad and any antenna. If the base of the tower is not on ground level, the height shall include the base of the building or other structure to which the tower is attached.

An occupation which is permitted under the terms of this chapter to be conducted in a residential dwelling unit as an accessory use.

A building or part thereof used for the medical, psychiatric, obstetrical or surgical care, on a twenty-four-hour basis, of four or more inpatients. Hospital shall include general hospitals, mental hospitals, tuberculosis hospitals, childrens' hospitals, and any such facilities providing medical inpatient care.

A building or group of buildings designed to serve the public, with one or more outside entrances which contains six or more permanent bedrooms and which is designed, arranged and used for the overnight lodging of travelers or for temporary occupancy of transients; and which may include a public dining room and kitchen.

Dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens etc.

Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used machinery, used vehicles, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires, and other manufactured goods, any of which are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled or processed for reclamation, salvage or recycling.

An area of land, with or without buildings, primarily used for the storage outside of a completely enclosed building, of junk, including vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same, the deposit or storage of two or more wrecked or broken motor vehicles for a period of two months or longer, or the major parts of two or more such vehicles shall be deemed to make the lot a "junkyard."

Any lot or premises on which four or more dogs or cats over four months of age are kept, for compensation or not.

Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.

The finishing and adornment of unpaved yard areas. Landscape materials generally include naturally growing elements such as grass, trees, shrubs and flowers. Landscape materials shall also be permitted to include the use of logs, rocks, fountains, water features and contouring the earth.

See definition of "club."

A designated parcel, tract or area of land established by a plot or plat or otherwise permitted by law, and to be used, developed or built upon a unit.

A 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.

See definition of "dwelling, mobile home."

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

A parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

A building, or group of buildings, whether detached or interconnected units, used as individual sleeping or dwelling units, designed primarily for transient 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 uses.

See definition of "dwelling, multifamily."

Borough of Northampton.

A lot whose width, area or other dimensions did not conform to the regulations when this chapter became effective.

A structure or part of a structure lawfully existing at the time this chapter became effective, which was designed, erected or structurally altered whereby it does not conform to the zoning regulations of the zone in which it is located. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of 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, or prior to the application of such ordinance or amendment to its location by reason of annexation.

The exhibition or dissemination of materials, shows or services which contain sexually explicit nudity and/or sexual conduct as defined later herein. If such use comprises more than 20% of the stock-in-trade of the premises or 20% of the show time, from time to time, then the obscene use also constitutes an adult facility.

The exhibition or dissemination by sale, loan, or otherwise of explicit sexual materials of an obscene nature; if such use comprises more than 20% of the stock-in-trade of the premises or constitutes, from time to time, the primary or major attraction to the premises.

Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.

Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit of to encourage carpooling for purposes of commuting, or for access to recreation areas.

Parking facilities shall consist of paved outdoor areas used for the storage of vehicles or of specially designed buildings or garages used for the same purposes. Private parking facilities are those which are restricted to use by persons resident on the premises or residing in the immediate vicinity of such facility or by their guests. Public parking facilities are those which are open to the public as an accommodation for customers, clients or visitors.

A building, other than a private garage, used for the parking of automobiles with or without a fee.

An open area, other than a street, used for the parking of automobiles.

A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

An area or courtyard located in the rear or side yard of the principal structure, designed for outdoor living purposes; an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure or for any fences, shrubs or hedges three feet or less in height. Outdoor areas enclosed by a permanent roof or awning shall be considered to be a structure.

A document issued by the Borough of Northampton authorizing an applicant to undertake certain activities.

Any use which does not require special action by the Planning Commission or the Zoning Hearing Board before a zoning permit is granted by the Zoning Officer.

A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agents of any of the aforesaid.

A premises in which food, shelter and personal assistance 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 matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed by self-administration. Such homes are regulated and licensed by the PA Department of Welfare. Also see "domiciliary care home" definition for reference purposes only.

The Planning Commission of the Borough of Northampton.

A structure or part of a structure which is enclosed on one or more sides by a fence or wall over three feet high or by a roof or awning or a structure which would otherwise be classified as a patio or deck except that it is one foot or more above the ground elevation.

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired, or other tower or antenna lawfully installed in the Borough of Northampton.

The primary or most important use of a lot, parcel or structure.

Municipal, county, state or federal government buildings or facilities designed, maintained or used by the government or designed, maintained or used for public use which is sponsored by such governments, except landfills and waste disposal areas and facilities. Public buildings and facilities shall not include alternative tower structures, antennas, backhaul networks or towers.

A formal meeting held pursuant to public notice by the Borough Council or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this act.

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2]

Notice given not more than 30 days and not less than seven days in advance of any public hearing required by Act 247, Pennsylvania Municipalities Planning Code.[3] Such notice shall be 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, and the notice shall state the place or places where copies of items being considered may be examined. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

A vehicle unit, other than a mobile home, whose gross floor area is less than 320 square feet, which is designed for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.

Any 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.

A business, situated on a lot containing 10 acres or more, combining lodging, eating and recreational facilities as a single enterprise offered to the public at large or any segment thereof, subject to the requirements contained herein.

A building containing one or more dwelling units in which at least two rooms are offered for rent, to adults aged 18 years or older, payable in money or other consideration, whether or not meals are furnished to occupants, and in which no transients are accommodated and no public restaurant is maintained. A school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses are not deemed to be a boarding or rooming house.

A premises that maintains or conducts classes for the purpose of offering instruction for consideration, profit or tuition. To five or more pupils at one time, or to 25 or more pupils during the school year, the purpose of which is to educate an individual generally or specifically or to prepare an individual for more advanced study. These schools may include nursery and kindergarten, elementary and secondary schools, special education schools, tutoring centers, education testing and remedial centers. The PA Department of Education governs most private academic schools.

Screening as required by this chapter shall consist of a visual screen or obstruction of sufficient height (but not less than six feet high) to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable fence or wall or of appropriate planting materials such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet.

Ultimate sexual acts, normal or perverted, actual, or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, anilingus or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, anal region, or if such a person be female, a breast.

A sexually oriented and explicit showing or exhibition, by any means or manner, which presents or exposes to the viewer the following anatomical areas: the human genitals, pubic area, perineum, buttocks or anal region, with less than a fully opaque covering; the covered human male genitals in a discernible turgid state; the postpubertal, full or partially developed human female breast with less than fully opaque covering of a portion thereof below the top of the areola nipple.

An advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.

A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.

A sign which directs attention to a business or profession or to a commodity, service, or entertainment conducted, sold, or offered upon the premises where such sign is located, or to which it is affixed.

A provision of this chapter which may be granted or denied by the Board pursuant to express standards and criteria established in this chapter. Requests for such special exceptions shall be decided by the Board after a hearing to determine compliance with said standards and criteria and after review by the Planning Commission.

Have the same meaning and be identical with "special exception."

That portion of a building included between the surface of any floor, but excluding the basement or cellar, and the ceiling next above it and having a vertical distance of not less than seven feet. Any such portion of a building having a distance of less than seven feet shall be considered to be a half story.

A public thoroughfare which provides the principal means of access to abutting property.

Anything constructed including a building, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including stationary and portable carports, porches and below-ground swimming pools.

Any body of water or receptacle for water having a surface area of more than 80 square feet and/or a depth at any point greater than two feet, used or intended to be used for swimming or bathing and constructed, installed, or maintained in or above the ground.

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. Such devices shall not be deemed a public utility or public use.

See definition of "dwelling, townhouse and/or row house."

See definition of "recreation vehicle."

Equipment or facilities regulated by the Pennsylvania Public Utility Commission and utilized for producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to or for the public for compensation; diverting, developing, pumping, ponding and distributing or furnishing water to or for the public for compensation; transporting passengers or property as a common carrier; equipment or facilities for use as a canal, turnpike, tunnel, bridge, wharf and the like for the public for compensation; transporting or conveying natural or artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration of oxygen or nitrogen or other fluid substance by pipeline or conduit for the public for compensation; conveying or transmitting messages or communications by telephone or telegraph or domestic public land mobile radio service including, but not limited to, point-to-point microwave radio service for the public for compensation; and sewage collection treatment or disposal for the public for compensation utilities shall not include alternative tower structures, antennas, backhaul networks or towers.

The Board's authorized departure to a minor degree from the text of this chapter in direct regard to a hardship peculiar to an individual lot in accordance with the procedure set forth in this chapter.

An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Borough.

An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

The Zoning Hearing Board of the Borough of Northampton.

The administrative officer charged with the duty of enforcing the provisions of this chapter.