Pittston City Zoning Code
ARTICLE II
Definitions
§ 480-8 Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Code, have the meanings shown in this chapter.
§ 480-9 Interchangeability.
Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
§ 480-10 Terms defined in other codes.
Where terms are not defined in this Code and are defined in another City of Pittston code or ordinance, such terms shall have the meanings ascribed to them as in those codes.
§ 480-11 Terms not defined.
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
§ 480-12 General definitions.
ABANDONED SIGN
A sign structure that has ceased to be used, and the owner intends no longer to have used for the display of a sign copy, or as otherwise defined by state law.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
ACCESSORY LIVING QUARTERS
An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate sleeping unit.
ACCESSORY USE
A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, such primary use.
ADULT USE
Shall include:
A.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video, or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.B.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other periodicals or photographs, drawings, slides, films, video tapes, recording tapes, and novelty items which are distinguished or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.C.
ADULT CABARET
An establishment which features any of the following: topless dancers or bottomless dancers; go-go dancers, strippers, male or female; or similar entertainers or topless or bottomless waitresses or employees.D.
ADULT MOTION PICTURE THEATER
An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.E.
ADULT RETAIL ESTABLISHMENT
An establishment in which 10% or more of the gross public floor area is devoted to, or 10% or more of the stock-in-trade consists of, the following: books, magazines and other periodicals, movies, videotapes, compact discs, digital versatile discs, novelty items, games, greeting cards, and other materials which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts; or specified anatomical areas.F.
ADULT THEATER
A theater, concert hall, auditorium, or similar establishment characterized by [activities featuring] the exposure of specified anatomical areas or by specified sexual activities.G.
BATHHOUSE
A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, using steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein.H.
ADULT HOTEL/MOTEL
A hotel or motel or similar business establishment offering public accommodations for any form of consideration that (1) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (2) rents, leases, or lets any room for less than a twelve-hour period, or rents, leases, or lets any single room twice or more in a twenty-four-hour period.I.
ADULT MODELING STUDIO
An establishment whose primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.J.
SEXUAL ENCOUNTER ESTABLISHMENT
Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same household, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.K.
SEXUAL PARAPHERNALIA STORE
Any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual conduct or used in connection with specified sexual conduct.AGRICULTURE
The tilling of the soil, raising of crops, livestock, horticulture, gardening, beekeeping and aquaculture.
ALLEY
Any public way or thoroughfare more than 10 feet, but less than 16 feet, in width, which has been dedicated to the public for public use.
ALTERATION
Any change, addition or modification in construction, occupancy or use.
AMUSEMENT CENTER
An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:
A.
ELECTRICALLY ACTIVATED
Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:(1)
FLASHING
Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.(2)
PATTERNED ILLUSIONARY MOVEMENT
Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.B.
ENVIRONMENTALLY ACTIVATED
Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.C.
MECHANICALLY ACTIVATED
Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.ANTENNA
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
APARTMENT
A building on a separate lot containing three or more dwelling units with each dwelling unit containing one or more rooms for living purposes, together with enclosed, separate cooking and sanitary facilities. Such a unit is accessible from the outdoors either directly or through an entrance hall shared with other dwelling units and is used and intended to be used by one or more persons living together and maintaining a common household.
APPLICANT
A landowner or developer as hereinafter defined who has filed an application for development, including his heirs, successors or assigns.
APPLICATION
Every application, whether tentative, preliminary or final, required to be filed and approved prior to start of construction or development.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "awning"; "backlit awning"; and "canopy, attached and freestanding."
ARTISAN MANUFACTURING
Small-scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production primarily focuses on direct sales rather than the wholesale market. An allowance for public viewing or customer service space is required with artisan and specialty goods production. This use category includes the following uses: sugar and confectionary, fruit and vegetable preserving, tea and coffee, specialty foods, and bakeries; artisan leather, glass, cutlery, hand tools, wood, paper, ceramic, textile and yarn products; microbreweries, micro-distilleries, and wineries; and similar uses.
AUTOMOTIVE REPAIR, MAJOR
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, and major engine and engine part overhaul, which is conducted within a completely enclosed building.
AUTOMOTIVE REPAIR, MINOR
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, which is conducted within a completely enclosed building.
AUTOMOTIVE SALES
An establishment providing for the retail display, sales, and/or rental of motor vehicles, trailers, and other similar large mechanical equipment or vehicles, including accessory service, repair, and storage facilities.
AUTOMOTIVE SELF-SERVICE MOTOR FUEL DISPENSING FACILITY
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by persons other than a service station attendant. Such an establishment shall be permitted to offer for sale at retail or other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic car wash.
AUTOMOTIVE SERVICE MOTOR FUELING DISPENSING FACILITY
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service, and food sales.
AWNING
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
AWNING SIGN
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "wall or fascia sign."
BACKLIT AWNING
An awning with a translucent covering material and a source of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BASEMENT
Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
BED-AND-BREAKFAST FACILITY
A building or group of buildings containing no more than three guest rooms, converted or designed for the temporary lodging of transient guests. Such establishment shall furnish to the occupants lodging services, such as maid service and the furnishing and laundering of linen, and typically does provide accessory eating and drinking facilities for serving morning breakfast and/or afternoon tea.
BILLBOARD
See "off-premises sign" and "outdoor advertising sign."
BILLIARD PARLOR/POOL HALL
An establishment where more than 50% of the business is dedicated to billiards.
BOARD
The Zoning Board of the City of Pittston.
BOWLING ALLEY
A building or structure utilized primarily for the sport of bowling, and may include incidental sales or dispensing of food and drink and the sale or rental of bowling equipment.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE
The building codes as adopted by the jurisdiction.[1]
BUILDING ELEVATION
The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.
BUILDING HEIGHT
The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.
BUILDING LINE
The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING, MAIN
A building in which the principal use of the site is conducted.
BUILDING, TEMPORARY
A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. Less than 90 days.
BUSINESS OR FINANCIAL SERVICES
An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
CANOPY
A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
CANOPY (Attached)
A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "marquee."
CANOPY (Free-standing)
A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see Figures 480-102(1) and 480-102(2).
CARTWAY
The paved surface of a street available for vehicular traffic.
CEMETERY
Any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.
CERTIFICATE OF USE AND OCCUPANY
A statement based on an inspection and signed by the Zoning Officer setting forth that the use or structure conforms with the provisions of this chapter and may be lawfully employed for a specific use.
CHANGEABLE SIGN
A sign with the capability of content change by means of manual or remote input, including signs which are:
A.
ELECTRICALLY ACTIVATED
Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."B.
MANUALLY ACTIVATED
Changeable sign whose message copy or content can be changed manually.CITY
The City of Pittston, Luzerne County, Pennsylvania.
CLUB OR LODGE, MEMBERSHIP
An organization catering exclusively to members and their guests or land and buildings used for recreational, social or athletic purposes. Such activity shall not be conducted primarily for gain, and no merchandising, business activities or commercial sales shall be conducted except as required generally for the membership and purpose of the club.
COLLOCATION
The mounting of one or more WCFs, including antennae, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a building structure.
COMMERCIAL CENTER, COMMUNITY
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.
COMMERCIAL CENTER, CONVENIENCE
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.
COMMERCIAL CENTER, REGIONAL
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.
COMMERCIAL PARKING LOT
A parking facility, area or lot that is used as a commercial enterprise for the parking of motor vehicles and contains parking spaces leased to the general public or reserved for individuals by the hour, day, week or month. This definition shall not include storage of vehicles awaiting repairs pending insurance or legal action or awaiting demolition, vehicles stored for stripping of parts, or parcels containing an automobile sales and/or service use.
COMMERCIAL RETAIL SALES AND SERVICES
Establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in the sale of either general merchandise or convenience goods.
COMMERCIAL, HEAVY
An establishment or business that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT
An establishment or business that generally has retail or wholesale sales, office uses, or services, which do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
COMMUNITY GARDEN
Land managed and maintained by a public or nonprofit organization, or a group of individuals, to grow and harvest food crops and/or ornamental plants for use by a group, individuals cultivating the land and their households, or for donation. Community gardens may be divided into separate plots for cultivation by individuals or used collectively by members of a group.
COMPREHENSIVE PLAN
The declaration of purposes, policies and programs for the development of the jurisdiction.
CONDITIONAL USE
A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
CONDOMINIUM
A single-dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
CONGREGATE RESIDENCE
Any building or portion thereof that contains facilities for living, sleeping and sanitation as required by this Code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery dormitory, but does not include jails, hospitals, nursing homes, hotels or lodging houses.
CONVERSION
An alteration of a building, structure of land by change of use or by increasing dwelling units.
COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
COUNCIL
The Council of the City of Pittston, Luzerne County, Pennsylvania.
COUNTY
Luzerne County, Pennsylvania.
COURT
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.
CURRENCY EXCHANGE
Any business or person except a bank, trust company, savings bank, savings and loans association or credit union that is engaged in the business of cashing checks, drafts, money orders, or traveler's checks for a fee.
DAY CARE, FAMILY
The keeping for part-time care and/or instruction, whether or not for compensation, of six or less children at any one time within a dwelling, not including members of the family residing on the premises.
DAY CARE, GROUP
An establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition.
DENSITY
The number of dwelling units that are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with § 480-116 of this chapter.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DISPOSABLE MATERIAL
Garbage, rubbish, waste material, ashes, refuse or any other material, the disposal of which is subject to the Pennsylvania Solid Waste Management Act of 1980 (Act 97 of 1980).[2]
DOUBLE-FACED SIGN
A sign with two faces, back to back.
DOWNTOWN MAIN STREET OVERLAY DISTRICT
A district designed to closely match the city Main Street boundaries, which establishes a framework for development and design principals.
DRIVEWAY
A private access road, the use of that is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
DWELLING, MULTIPLE-FAMILY
See "apartment."
DWELLING, SINGLE-FAMILY ATTACHED
A building designed for and occupied exclusively as a residence for only one family and having two party walls in common with an adjacent building, except for end units.
DWELLING, SINGLE-FAMILY DETACHED
A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent building.
DWELLING, TWO-FAMILY ATTACHED
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having two party walls in common with adjacent buildings.
DWELLING, TWO-FAMILY SEMIDETACHED
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having one party wall in common with an adjacent building.
EASEMENT
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTER
An electrically activated changeable sign whose variable message capability can be electronically programmed.
EMERGENCY
A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
EVENT FACILITY
A facility where special events are permitted to occur under this section. Event facilities are subject to a use agreement between a private group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility such as for a fundraiser for a charitable nonprofit organization. Facilities may operate entirely within a structure, outside of a structure, or both inside and outside a structure. Facilities must include improvements to accommodate special events, including access and circulation improvements, parking areas, water supplies and sewer systems, gathering areas, and other physical improvements necessary to accommodate special events.
EXTERIOR SIGN
Any sign placed outside a building.
FACE OF BUILDING, PRIMARY
The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
FAMILY
A family is a group of two people or more (one of whom is the householder) related by birth, marriage, or adoption and residing together; all such people (including related subfamily members) are considered as members of one family.
FAMILY DAY-CARE HOME
A building used principally as a residence by one adult caregiver, operated for profit or not for profit in which child day care is provided at one time to four, five or six children who are not relatives of the caregiver. A family day-care home must be registered with the Pennsylvania Department of Public Welfare and must receive an occupancy permit from the Zoning Officer.
FARM ANIMALS
Animals other than household pets that are commonly associated with farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, roosters, turkeys), fowl (ducks, geese), swine (including pot-bellied or miniature pigs), goats, bees, and other animals associated with a farm, ranch or stable.
FASCIA SIGN
See "wall or fascia sign."
FCC
Federal Communications Commission.
FLASHING SIGN
See "animated sign, electrically activated."
FLOOR AREA, GROSS
The sum of the horizontal areas 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.
FLOOR AREA, NET
The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepting silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
FRONTAGE
The width of a lot or parcel abutting a public right-of-way measured at the front property line.
FRONTAGE (Building)
The length of an exterior building wall or structure of a single premise orientated to the public way or other properties that it faces.
FRONTAGE (Property)
The length of the property line(s) of any single premise along either a public way or other properties on which it borders.
FUNERAL HOME
A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE
A building or a portion of a building not more than 1,000 square feet in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GRADE (Adjacent Ground Elevation)
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.
GROUND SIGN
See "freestanding sign."
GROUP HOME
A facility, required to be licensed by the state, which provides training, care supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes, or those suffering of the effects of drugs or alcohol; this does not include day-care centers, family day-care homes, foster homes, schools, hospitals, jails or prisons.
HABITABLE SPACE (Room)
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.
HEIGHT OF BUILDING
The vertical distance measured from the average level of the finished grade along the exterior walls of a building to:
A.
The highest point of the roof in case of a flat roof.
B.
The mean height between eaves and ridge in the case of a pitched roof.
C.
The highest point of any structure which rises above the roofline and which floor area equals or exceeds 20% of the ground floor area of the building which supports it.
HOME OCCUPATION
The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes.
HOSPITAL
An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
HOUSEHOLD PETS
Dogs, cats, rabbits, birds (domesticated or wild fowls are not considered household pets), ferrets, hamsters, gerbils, non-constricting, non-poisonous and non-venomous reptiles or amphibians not exceeding three feet, non-poisonous and non-venomous spiders or scorpions, for family use only (noncommercial) with cages, pens, etc.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
INDUSTRIAL OR RESEARCH PARK
A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to ensure a harmonious integration into the neighborhood.
INTERIOR SIGN
Any sign placed within a building, but not including "window signs" as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.
JUNKYARD
An area of land, with or without buildings, used for storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery or vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
JURISDICTION
As used in this Code, jurisdiction is any political subdivision that adopts this Code for administrative regulations within its sphere of authority.
KENNEL
An establishment where four or more dogs, cats or like domesticated animals more than one year old are kept, boarded, groomed, trained, raised or bred for compensation.
KITCHEN
Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving 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 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.
B.
A subdivision of land.
C.
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, as amended through December 21, 1988.[3]
LANDOWNER
The 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 persons having a proprietary interest in land shall be deemed to be a landowner for the purpose of this chapter.
LANDSCAPING
The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
LEGISLATIVE BODY
The political entity of the adopting jurisdiction.
LIVESTOCK
Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
LOT
A single parcel of land.
MANSARD
An inclined decorative roof-like projection that is attached to an exterior building facade.
MANUFACTURED HOME
A single-family dwelling which is designed, after assembly and fabrication, for transportation on streets and highways with or without its own running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes, and constructed with the same or similar electrical, plumbing and sanitary facilities as immobile housing. Manufactured home shall also mean mobile home, but shall not mean modular home.
MANUFACTURED HOME PARK
Any plot of ground upon which two or more manufactured homes occupied for dwelling or sleeping purposes are located.
MANUFACTURING, HEAVY
All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
MANUFACTURING, LIGHT
The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke dust or pollutants.
MANUFACTURING, MEDIUM
The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
MARQUEE
See "canopy (attached)."
MARQUEE SIGN
See "canopy sign."
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16, as amended.
MEDICAL MARIJUANA ACADEMIC RESEARCH CLINIC/RESEARCH CENTER
An accredited medical school within this Commonwealth that operates or partners with an acute care hospital licensed within this Commonwealth.
MEDICAL MARIJUANA ACT 16
Pennsylvania "Medical Marijuana Act" (Act of April 17, 2016, P.L. 84, No. 16, a/k/a Act 2016-16, 35 P.S. § 10231.101 et seq, as amended). The related Pennsylvania Department of Health regulations can be found at 28 Pa. Code, Part IX, Chapters 1131 et seq.[4]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health (DOH) to dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health (DOH) to grow and process medical marijuana.
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
A dispensary or a grower/processor of marijuana for medical purposes.
MENU BOARD
A freestanding sign orientated to the drive-through land for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20% of the total area for such sign utilized for business identification.
MINISTORAGE FACILITY
An establishment consisting of attached individual units used exclusively for the storage of goods together with one office area for administrative support, provided that:
A.
No exterior storage shall be permitted on the premises.
B.
No storage of petroleum products, explosives, firearms, volatile or flammable chemicals or any other property or material which would materially increase the hazard or likelihood of fire, explosion or other casualty shall be permitted on the premises.
C.
No storage of foodstuffs, produce or other perishables shall be permitted on the premises.
D.
No storage of pets or animals shall be permitted on the premises.
E.
No unit shall be used for any purpose other than the exclusive use for storage as permitted.
MIXED USE BUILDING
A building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed single-, double-, or multifamily residential uses.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
MORTUARY, FUNERAL HOME
An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.
MOTEL, HOTEL
Any building containing six or more sleeping units 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.
MULTIPLE-FACED SIGN
A sign containing three or more faces.
MURAL
A one-of-a-kind, hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold.
NEIGHBORHOOD COMMERCIAL ESTABLISHMENT
The existing structure is nonresidential in its construction and original use. Neighborhood commercial establishments are limited to the first floor of the structure and 3,000 square feet in gross floor area. The structure is limited to the existing building footprint. No increase in building footprint or intensity of use is permitted. The following uses are permitted within a neighborhood commercial establishment:
A.
Art gallery.
B.
Arts studio.
C.
Office.
D.
Personal services establishment.
E.
Restaurant, general or take-out.
F.
Retail goods establishment.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
Wireless communications facilities collocated on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.
NONCONFORMING LOT
A lot in which the width, area or other dimension did not conform to the regulations when this Code became effective.
NONCONFORMING SIGN
A sign or sign structure or portion thereof lawfully existing at the time this Code became effective, which does not now conform.
NONCONFORMING STRUCTURE
A building or structure or portion thereof lawfully existing at the time this Code became effective, which was designed, erected or structurally altered for a use that does conform to the zoning regulations.
NONCONFORMING USE
See "use, nonconforming."
NURSING HOME
A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation, provided that the facility has obtained proper government licensing.
OFF-PREMISES SIGN
See "outdoor advertising sign."
OPEN SPACE
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.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
PARAPET
The extension of a building facade above the line of the structural roof.
PARK
A public area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARKING LOT
An open area, other than a street, used for the parking of automobiles.
PARKING SPACE, AUTOMOBILE
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.
PAWN SHOP
An establishment that lends money on the deposit or pledge of physically delivered personal property, and who may also purchase such property on the condition of selling it back again at a stipulated price. "Pawn shop" includes establishments that buy personal property, such as jewelry or artwork, made of gold or other materials for refining. Consignment shops, antique shops and jewelry stores are not considered "pawn shops," but "retail store or shops."
PERSON
A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PERSON (AS IT RELATES TO WIRELESS COMMUNICATIONS)
Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the City, or to any department or agency of the City.
PERSONAL SERVICE SHOPS
Businesses in the Neighborhood Commercial and Central Business Districts which offer personal services such as barber, beautician, shoe repair, dry cleaner, tailor, seamstress, laundromat, dressmaker, photographer, caterer, travel agent and massage therapist licensed by the commonwealth pursuant to the Massage Therapy Law.[5]
PLANNED UNIT DEVELOPMENT (PUD)
A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
PLANNING COMMISSION
A committee made up of three or more individuals appointed by City Council to review and act on matters related to planning and development.
PLANNING DIRECTOR
The chief administrative officer of the Planning Department of the City.
PLOT PLAN
A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
POLE SIGN
See "freestanding sign."
POLITICAL SIGN
A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
POOLS (SWIMMING), HOT TUBS AND SPAS
A.
ABOVEGROUND/ON-GROUND POOL
See "private swimming pool."B.
BARRIER
A fence, a wall, a building wall, the wall of an aboveground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.C.
HOT TUB
See "private swimming pool."D.
POWER SAFETY COVER
A pool cover that is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.E.
PRIVATE SWIMMING POOL
Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs and spas.F.
PRIVATE SWIMMING POOL, INDOOR
Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.G.
PRIVATE SWIMMING POOL, OUTDOOR
Any private swimming pool that is not an indoor pool.H.
PUBLIC SWIMMING POOL
Any swimming pool other than a private swimming pool.I.
SPA
See "private swimming pool."PORTABLE SIGN
Any sign not permanently attached to the ground or to a building or building surface. Excludes sandwich board signs.
PROFESSIONAL OFFICE
The office of a professional practitioner.
PROFESSIONAL PRACTICIONER
A trained and certified or licensed individual, such as a medical practitioner, lawyer, realtor, accountant, design professional or insurance professional.
PROFESSIONAL SERVICE SHOPS
Businesses which offer personal services such as barber, beautician, shoe repair, dry cleaner, tailor, seamstress, laundromat, dressmaker, photographer, caterer, travel agent and massage therapist licensed by the Commonwealth pursuant to the Massage Therapy Law.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
PUBLIC CONSERVATION AREA
A conservation area is a designation for land that has been donated to and managed by a government entity for the purposes of:
A.
Preserving open space.
B.
Conserving natural resources.
C.
Providing an opportunity for passive, nonmotorized, low-density outdoor recreation and environmental education activities.
PUBLIC IMPROVEMENT
Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which the local government responsibility is established.
PUBLIC SERVICES
Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
PUBLIC UTILITY STATION
A structure or facility used by a public or quasi-public utility agency to store, distribute, or generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
QUASI-PUBLIC WAY
Essentially a public use, although under private ownership or control.
QUORUM
A majority of the authorized members of a board or commission.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
RECREATION, INDOOR
An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theatres, and related amusements.
RECREATION, OUTDOOR
An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
REGISTERED DESIGN PROFESSIONAL
An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the state in which the project is to be constructed.
REHABILITATION CENTER (HALFWAY HOUSE)
An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY
A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
RENOVATION
Interior or exterior remodeling of a structure, other than ordinary repair.
REPLACEMENT (AS IT RELATES TO WIRELESS COMMUNICATIONS)
The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
RESTAURANT
An establishment that sells prepared food for consumption. Restaurants shall be classified as follows:
A.
RESTAURANT, FAST FOOD
An establishment that sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.B.
RESTAURANT, GENERAL
An establishment that sells food for consumption on or off the premises.C.
RESTAURANT, TAKE-OUT
An establishment that sells food only for consumption off the premises.RETAIL STORE OR SHOP
An enterprise engaged in the sale of goods or merchandise to the general public, and the rendering of services incidental to such sale, for items such as antiques, books, beverages, confections, dry goods, flowers and plants, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, paint, periodicals, stationary, tobacco or wearing apparel.
REVOLVING SIGN
A sign that revolves 360° about an axis. See also "animated sign, mechanically activated."
RODENT
Small gnawing mammal: a small animal of an order with large gnawing incisor teeth that continue growing throughout the animal's life, e.g., a mouse, rat, squirrel, or marmot.
ROOF SIGN
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual reference, and a comparison of differences between roof and fascia signs.[6]
ROOFLINE
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
ROOMING HOUSE
A building or parts of a building occupied by four or more persons for living and sleeping purposes, unrelated to the tenant or occupant residing on the premises for income purposes. The term includes boarding- and lodging houses for accommodations exceeding a one-week period.
SANDWICH BOARD SIGN
"Sandwich board" or "A board" signs are a special type of signage and are defined as "a portable sign constructed of two equal or roughly equal portions, hinged at the top such that when placed on the ground the sign is self-supporting. Sandwich boards signs typically form the shape of the letter "A" when opened and resting on the ground."
SANITARY LANDFILL
Any place where disposable material is dumped, stored, treated, buried or otherwise disposed of.
SCHOOL, COMMERCIAL
A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school or modeling school).
SETBACK
The minimum required distance between the property line and the building line.
SHOPPING CENTER
An integrated group of commercial establishments planned, constructed, operated and managed in a unified manner, where customer and employee parking are provided on-site and provision for the delivery of goods is separated for customer access.
SIGN
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.
SIGN
Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V"-shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
SIGN COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
SIGN FACE
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
A.
In the case of panel- or cabinet-type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
B.
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
C.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
D.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
SIGN STRUCTURE
Any structure supporting a sign.
SIGNS, COMMUNITY
Temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.
SITE PLAN
A plan that outlines the use and development of any tract of land.
SLEEPING UNIT
A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
SMALL WIRELESS COMMUNICATIONS FACILITY
A wireless communications facility that meets the following criteria:
A.
The wireless support structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities, whichever is lesser; and
B.
Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.
D.
The facilities do not require antenna structure registration under 47 CFR Part 17;
E.
The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
F.
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
SOCIAL SERVICE FACILITY
A facility housing a public or nonprofit agency that provides counseling, therapy or other social or human services to persons needing such services. This definition does not include schools, hospitals, clinics, day care, or residential uses.
SPECIAL EVENT
A special event is a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering of individuals assembled for the common purpose of attending a special event. Uses that are accessory to a single-family residential use, private parties, gatherings, and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event and are not regulated under this section.
SPECIAL EXCEPTION
A ruling or formal permission to use a property in a particular way, the granting of which is a function of the Zoning Hearing Board in accordance with the provisions of Article IV, whereby the Zoning Hearing Board hears and decides requests for uses, stipulated as uses by special exception in this chapter, in accordance with explicit standards and criteria. The Zoning Hearing Board may grant or deny such requests based on such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities and accessory equipment 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 antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
STORY
That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
STREET
Any thoroughfare or public way not less than 16 feet in width which has been dedicated.
STREET, PRIVATE
A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
STRUCTURE
That which is built or constructed, an edifice or building of any kind, or any pierce of work artificially built up or composed of parts joined together in some definite manner.
SUBDIVISION
The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
TEMPORARY
Lasting or designed to last not more than 90 days.
TEMPORARY SIGN
A sign intended to display either commercial or noncommercial messages of transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
THEATER
A building used primarily for the presentation of live stage productions, performances or motion pictures.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the primary purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.
TRANSFER STATION
An intermediate solid waste disposal facility, whether fixed or mobile, in which solid waste collected from any source is temporarily deposited to await transportation to the final disposal site or facility.
TREE LAWN
That portion of the tree lawn area which is grass- and/or tree-lined.
A.
TREE LAWN AREA
That area extending from the curbline to the sidewalk area, which is designated by the Municipal Engineer's Office for grass or trees.UNDER-CANOPY SIGN or UNDER-MARQUEE SIGN
A sign attached to the underside of a canopy or marquee.
USE
The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
USE, CHANGE OF
The change within the classified use of a structure or premise.
USE, NONCONFORMING
A use that lawfully occupied a building or land at the time this Code became effective, which has been lawfully continued and which does not now conform with the use regulations.
USE, PRINCIPAL
A use that fulfills a primary function of a household, establishment, institution or other entity.
USE, TEMPORARY
A use that is authorized by this Code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
V SIGN
A sign containing two faces of approximately equal size, erected upon common or separate structures, positioned in "V" shape with an interior angle between faces of not more than 90° with the distance between the sign faces not exceeding five feet at their closest point.
VARIANCE
A deviation from the height, bulk, setback, parking or other dimensional requirements established by this Code.
WALL OR FASCIA SIGN
A sign that is in any manner affixed, including painted, to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia sign and roof signs.[7]
WAREHOUSE, WHOLESALE OR STORAGE
A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
WINDOW SIGN
A sign affixed or painted to the surface of a window with its message intended to be visible and readable from the public way or from adjacent property.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other City-owned land or property.
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services).
YARD
An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this Code.
YARD, FRONT
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
YARD, REAR
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high-water line and a line parallel thereto.
YARD, SIDE
An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high-water line.
[1]
Editor's Note: See Chapter 191, Construction Codes, Uniform.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: See now 28 Pa. Code Part IXa, § 1141a.21 et seq.
[5]
Editor's Note: See 63 P.S. § 627.1 et seq.
[6]
Editor's Note: See § 480-102.
[7]
Editor's Note: See § 480-102.
