An activity that is incidental to the principal use of a lot and not permitted unless developed at the same time as, or later than, the principal use. An accessory structure contains an accessory use.

The raising and housing of livestock and/or poultry, the cultivation of field, orchard and/or tree crops or nursery stock, as well as slaughtering and the sale of farm products but only as an incidental part of the farm operation.

Any addition, deletion or revision of this chapter or the Zoning Map officially approved by Council after public hearings.

A suite of rooms in a building containing at least one other dwelling unit, each unit with its own cooking, food storage, bathing and toilet facilities and with access directly or by a common hallway to the outside.

Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

Business premises designed to provide retail gasoline sales and incidental sales of auto accessories and traveler needs, plus light auto repair and car washing services within an enclosed building, but not including auto body repair or painting or the storage of wrecked or junked cars.

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

Any structure having a permanent roof supported by columns or walls and covering an area of the ground.

A document issued by the Borough of Prospect, attesting that all requirements of the Borough governing construction have been met and allowing the approved work to commence in conformance with the permit.

A building supported upon foundations extending into the ground and constructed thereon, but not capable of being later towed away in one or several components.

A person retained by the Borough to enforce the regulations of this chapter, with power to issue occupancy permits, to halt illegal construction and to interpret the meaning of the various sections of this chapter subject to appeal before the Zoning Hearing Board.

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.

A statement required by the Pennsylvania Municipalities Planning Code[1] to appear in a zoning ordinance, demonstrating that the ordinance is based upon a master plan, relative to land use, population density and location of streets and utilities.

Sanitary sewage disposal and water supply systems constructed by a developer to serve his plan and maintained thereafter by the developer or his assigns or by a homeowners' association, in accordance with State DEP standards.

A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

A view drawn at right angles to the plane of the ground surface indicating existing and proposed configuration of the surface as part of a development plan.

An amendment of this chapter requested by a property owner requiring Borough Council to schedule a public hearing within 60 days followed by formal action thereon, or an amendment by Council after declaring a part of this chapter defective, placing a moratorium on property owner curative amendments and requiring Council's action after hearing within 180 days.

A facility designed to accommodate preschool age or other dependent persons while parents or guardians are at work.

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.

State Department of Environmental Protection.

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

The edge of a zoning district where it abuts another district or the Borough boundary.

Horses, dogs, small birds, hamsters, tropical fish, etc., that are kept for the personal enjoyment of the residents of the property but are not offered for sale except incidentally.

A sloping depression on the earth's surface, either natural or man-made, to carry stormwater run off from higher to lower elevations.

A group of connected rooms in a building for the exclusive use of one family, containing its own private bathing, toilet, cooking and food storage facilities and with direct access to the outside or via a common hallway to the outside.

A dwelling unit designed and intended to be occupied by one family only and surrounded by open space on the same lot.

A building containing only two dwelling units, each entirely separate from the other and each with its own access directly to the outside.

A right of way granted across private property for public utility lines or storm drainage, passage over which is guaranteed by the property owner for construction and maintenance.

Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

A covered space surrounded by permanent walls extending from the roof to the ground.

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that three or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, does not constitute the functional equivalent of a traditional family. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing Law,[2] provided that such facilities are licensed and permitted under the authority of the Department of Welfare of the Commonwealth of Pennsylvania or other state department or agency. In determining the functional equivalent of a traditional family, the following criteria shall be present:

Material excavated elsewhere and deposited upon the earth's surface in the process of grading for land development.

Land surface abutting a stream or drainageway that will be inundated during the course of a flood likely to occur once every 100 years, or with a 1% chance of occurring in any year.

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

An accessory building on a residential lot attached to or detached from the dwelling, or a room with the dwelling, intended for the storage of vehicles operated by the residents of the dwelling and not intended to house an automotive repair or other business.

The rearrangement of the earth surface by excavation and filling to accommodate development.

An administrative proceeding conducted by a Board.

A business conducted on a single-family dwelling lot by the residents thereof, involving no exterior changes to the appearance of the dwelling and not creating nuisance or congestion conditions in the neighborhood where it is located.

An organization of all property owners in a residential option plan with responsibility to maintain all those areas of, and facilities within, the plan that are not sold to private owners, taken over by public bodies or retained by the developer.

A facility for the keeping of dogs within a confined area including an enclosed building for overnight accommodation.

Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning Code (Act 247 of 1968), as amended.[3]

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

The distance from the front property line to the rear property line of a lot, measured between the midpoints of each line.

The area of a lot but not including any portions of a street right-of-way encroaching on or crossing the lot.

The distance across a lot measured parallel to the front property line along the front setback line.

Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.

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.

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

A building consisting of three or more apartments, condominiums or any other dwelling unit with shared common walls, roof, foundations or slabs.

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authorities Act of 1945"; or the successor Act of June 19, 2001 (P.L. 287, No. 22), known as the "Municipality Authorities Act," 53 Pa.C.S.A. § 5601 et seq.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.

A civic, social, recreational, educational or cultural organization operated by and for the membership but not as a commercial venture.

Authorization issued by the Code Enforcement Officer attesting that the proposed use is in accordance with this chapter and may legally occur.

Area set aside on a lot for parking of cars entirely outside a public street.

The arrangement of stalls to contain individual cars and access lanes abutting the stalls and connecting to the public street.

The enabling legislation of the commonwealth regulating the right of municipalities to adopt zoning ordinances, 53 P.S. § 10101 et seq.

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.

The placement of a notice upon a signboard on a property calling public attention to proposed changes in the zoning status of the property, or to a request for a variance, and indicating the date, time and place of the hearing at which such matter will be heard.

A use that is expressly allowed by this chapter to occur on a lot because of the lot's location in a certain zoning district, and to which all other activity on the lot is subordinate.

The main building on a lot, housing the principal use of the lot.

Any wall of a multiple-family building containing all the windows of at least one apartment.

A vehicular passage in a recorded right-of-way that has not been adopted by the Borough or State for perpetual maintenance.

Includes:

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

A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be fewer than seven days from the date of the hearing.

Sanitary sewage disposal or water supply system designed, constructed and maintained by a public authority or a public utility under standards of the State DEP.

A service distributing water, gas, electricity, oil or steam or collecting sanitary sewage by means of a network of overhead or underground conduits and requiring at various locations to maintain efficiency of the system pumping, regulating, transformer, switching or other devices or structures, but not including business offices or yards or buildings for the storage or maintenance of equipment used by the utility, unless such structures are expressly allowed in the zone district.

The document showing the final layout of a development plan, approved by Council and ready for recording with the County Recorder of Deeds.

Any letter, review, memorandum, compilation or similar writing made by anybody, 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 strip of land containing a street and providing access to properties or lots that abut it and connecting to other public ways; or, an easement across private property for the passage of public utilities or the disposal of stormwater or private vehicular passage.

A buffer intended to protect residential properties from abutting commercial and industrial activities that might deteriorate the residential property values.

The distance a structure must be removed from an adjacent property line; thus the front setback line describes the limit of construction on a lot behind the property line abutting the street.

The disposal of sanitary sewage created on the premises in the soils of the lot without drainage onto abutting properties or streets.

A person licensed by the state and appointed by Borough Council to determine the adequacy of sewage disposal installations in the Borough.

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq. and § 10901 et seq.

A building to accommodate horses, limited to one stall on properties of less than 44,000 square feet in area.

A transcription of the testimony taken at a public hearing, recorded by a professional stenographer at the hearing.

The vertical dimension between a floor and the floor of the level next above or next below when the dimension between floors is at least six feet, or if no floor is above, then the ceiling above.

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S § 10601 et seq. and § 10901 et seq.

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

The front, side or rear area of a property between property line and setback line, the depth of which is specified for each zoning district by this chapter and within which buildings with permanent roofs, or any portion thereof, cannot be built.

The area of lot between the front property line abutting the street or streets to which the property has access, and the front setback line, and extending between the side lot lines.

The area of a lot between the rear property line and the rear setback line and extending between the side lot lines.

The area of a lot between the side property line and side setback line on each side of a property and extending between the front and rear yards.

The combination of uses that are permitted by right or condition and the constraints on development that apply uniformly throughout a zoning district.

A contiguous area of land on all parts of which the same uniform control and requirements for development apply.

The official plan of zoning districts in the Borough, a part of this chapter, showing precisely the boundaries and title of each zoning district.