Seven Fields City Zoning Code
ARTICLE II
Rules and Definitions
§ 340-12 Rules of interpretation.
The following rules shall apply to this chapter:
A.
The particular shall govern the general.
B.
In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
C.
The word "shall" is mandatory and not discretionary. The word "may" is permissive.
D.
Words used in the present tense shall include the future; the singular shall include the plural; the plural shall include the singular; unless the context clearly indicates the contrary.
E.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and/or "occupied for."
F.
The word "person" shall include individuals, corporations, or partnerships or any other legal entities which would be responsible for compliance with the provisions of this chapter.
G.
In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Borough, in favor of the property owner and against any implied extension of the restriction. Where provisions of this chapter conflict, the most restrictive provisions shall govern unless such an interpretation would cause this chapter, or portions thereof, to be invalid.
H.
Where any provision of this chapter could be interpreted in such a manner to be invalid, then the interpreter should utilize an interpretation which would maintain the validity of the provision rather than discard the provision on the basis that it may be invalid given certain interpretations.
I.
This chapter shall be interpreted in accordance with the rules of construction set forth in Title 1 of the Pennsylvania Consolidated Statutes, Chapter 19 (1 Pa.C.S.A. § 1901 et seq.), which is hereby adopted by reference, except where inconsistent with the provisions of this chapter.
§ 340-13 Definitions.
All definitions in the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, are hereby adopted and made a part hereof by reference.[1]
A flood that, on the average, is likely to occur every 100 years and has a 1% chance of occurring each year, although the flood may occur in any year.
A building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.
The following definitions apply to adult-oriented businesses.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players, or other image-producing devices are maintained, not located within viewing booths, 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 depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOK STORE or ADULT NOVELTY STOREAn establishment having a substantial or significant portion of its stock and trade in, or an establishment which as one of its principal business purposes offers for sale or rental, any of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM discs or other computer software, and other visual representations, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and in conjunction therewith may have viewing booths or other facilities for the presentation of adult entertainment for observation by patrons; or
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
ADULT BUSINESSAn adult arcade, adult bookstore, adult novelty store, adult cabaret, adult theater, escort agency, nude model studio or sexual encounter or mediation center.
An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or
A live performance, display or dance of any type, which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas or persons in a state of nudity; or
Films, motion pictures, video cassettes, slides or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT THEATERA theater, tavern, banquet hall, party room, conference center, restaurant, nightclub, hall, auditorium, club, recreation center, indoor amusement center or similar commercial establishment which, as one of its principal business purposes, offers adult entertainment.
EMPLOYEEA person who performs any service on the premises of an adult business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHIncludes any of the following:
The opening or commencement of any adult business as a new business;
The conversion of an existing business, whether or not an adult business, to any adult business;
The addition or change of any adult business to any other existing adult business or to a non-adult business; or
The relocation of any adult business.
LICENSEEA person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license and, in the case of an employee, a person in whose name a license has been issued authorizing employment in an adult business.
NUDE MODEL STUDIOAny place where a person(s) who appears in a state of nudity, or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
Where no more than one nude model is on the premises at any one time.
NUDITY or A STATE OF NUDITYThe showing of any part of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
SEXUAL ENCOUNTER OR MEDIATION CENTERA business, agency or person which, for consideration, provides for commercial purposes a place where persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas as defined herein.
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely covered.
SPECIFIED CRIMINAL ACTIVITYAny of the following offenses:
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography: public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
For which:
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
Less than five years have elapsed since the date of conviction or the date or release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIESAny of the following:
TRANSFER OF OWNERSHIP OR CONTROLOf an adult business, means and includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal advice which transfer the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING BOOTHSBooths, stalls, partitioned portions of a room, cubicles, stalls, compartments, rooms or other enclosures which are available to members of the public, patrons or members for viewing.
Films, movies, videos, or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas; or
Persons who appear in a state of nudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities.
Any land use not specified in the Land Use Table.[2]
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
Any change in the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
Approved by a designated authority or person in strict conformance with the terms of this chapter and all other applicable ordinances.
A professional architect licensed to practice in the Commonwealth of Pennsylvania.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
The sum of the gross horizontal areas of all floors of a building or buildings excluding basements or cellars used only for storage, measured from the exterior faces of exterior walls, or from the center line of common walls separating buildings.
State Route 228.
A room, hall or building used for lectures, meetings, sermons and gatherings of over 50 people.
A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recapping/retreading of tires and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building.
A business establishment used for the display or sale of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles and/or boats under 26,000 pounds gross vehicle weight (GVW), but not including any heavy equipment or any other vehicle or equipment which is not classified as a "motor vehicle" under the Pennsylvania Vehicle Code. Such use may also include the servicing or repair of vehicles of the brand of vehicles sold at the establishment.
A retail business for the sale of confections and/or baked goods.
The keeping of one or more colonies of honeybees subject to the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq, as amended.
[Added 11-9-2020 by Ord. No. 99]
A business establishment that occupies a single-family dwelling and, if applicable, associated accessory structures, where limited overnight lodging and breakfast is provided for compensation to guests and where said use may or may not also host accommodations for private events such as weddings, parties, seminars and conferences.
A use engaged in the distribution of manufactured beverages to the public. Beverages are stored at the establishment in quantities as provided by the manufacturer and are opened and/or consumed off site.
A structure, building wall or other outdoor surface used to display lettered, pictorial, sculptured or other matter which directs attention to any product announcement, commodity or service offered only elsewhere than on the premises or as a minor and incidental service on the premises. See also "off-premises sign."
A facility which carries on investigation in the natural or physical sciences or in engineering and development as an extension of such investigation, with the objective of creating end products, and which may include the initial manufacturing of developed products but not include animal research.
The Zoning Hearing Board of the Borough.
The Borough of Seven Fields, Butler County, Pennsylvania.
A landscaped area of a certain depth specified by this chapter, which shall be planted and maintained in trees, shrubs, bushes, grass, ground cover or other natural landscaping material and shall consist of a mix of types and sizes of plant material which, within three years of planting, meets the standard of providing a compact, year-round visual screen at least six feet in height; or an approved natural physical barrier, such as existing vegetation or topography, which duplicates the effect of the required buffer area. Unless otherwise stated within this chapter, said buffer area shall be located entirely within the required yard, unless the width of the buffer area exceeds the width of the required yard.
Any structure having a roof, supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or any other property. Separation by party and fire walls shall not constitute separate buildings.
Unless otherwise specified under a specific section of this chapter, building height shall be the vertical distanced measured from the average elevation of the proposed finished grade (at the front) adjacent to the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eave and ridge for gable and hip roofs.
An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent street line.
A business establishment specializing in the sale and/or short- or long-term storage of wholesale and/or retail construction supplies and materials for home improvement.
A place for short- or long-term storage, collection and/or distribution of heavy equipment, machinery or materials used in construction, farming or industrial operations.
Establishments engaged in rendering services to businesses and offices on a fee or contract basis, including but not limited to advertising and mailing; data processing; secretarial; financial; photocopying; quick printing and fax; office supplies; building maintenance; equipment servicing, rental, leasing and sales; employment service; management and consulting services; and other similar business services.
A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, which characterize an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
Any lightweight structure attached to a wall and to the ground and extended over areas intended for pedestrian traffic when such structure is primarily for shelter rather than advertising.
An establishment that serves and supplies food to be consumed off premises.
A location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled, or handled from the public. Collection facilities may include reverse vending machines and small collection facility.
Any principal use other than residential, governmental, public and private schools and essential services.
Any building primarily used for commercial uses.
A business establishment operated by a private or nonprofit entity as a commercial enterprise, where persons are instructed, taught or trained a specific trade, vocation, avocation or business discipline. The term "commercial school" shall include, but not be limited to, activities such as dancing, music, sports/recreation, business and technical training.
Any device used for the transmission or reception of radio, television, wireless telephone, wireless Internet, pager, commercial radio service or any other wireless communication signals, including without limitation omnidirectional or whip antenna and directional or panel antenna, owned or operated by any person or entity licensed by the Federal Communications Commission ("FCC") to operate such device. This definition includes freestanding antenna, antenna mounted on communication towers and antenna mounted on buildings. This definition does not include private-residence-mounted satellite dishes or television antenna or amateur radio equipment, including without limitation ham or citizen band radio antenna.
A business establishment, not exceeding 5,000 square feet of selling area, that offers convenience goods for sale, such as prepackaged or preprepared food items, tobacco, periodicals, and other household goods, and may or may not offer the sale of fuel/energy for vehicles.
The Borough Council of the Borough.
That percentage of the lot covered by the building area.
Any premises other than the child's own home, operated for profit, in which child day care is provided at any one time to four, five, or six children, who are not relatives of the caregiver.
DAY-CARE CENTER, ADULTA facility licensed by the Commonwealth of Pennsylvania, located within a building, which building is not used as a dwelling, for the care, during part of a twenty-four-hour day, of adults who are handicapped, elderly or otherwise require such supervision and care.
DAY-CARE CENTER, CHILDA facility licensed by the Commonwealth of Pennsylvania and located within a building, which is not used as a dwelling and which is used for the care, during part of a twenty-four-hour day, of children under the age of 16, which may be accessory to a business or professional office.
Diameter at breast height. A method for sizing a tree.
A written agreement between the developer or applicant and the Borough which guarantees the completion of site improvements and specifies the requirements for the posting of security.
A section of the Borough for which uniform regulations governing the use, height, area and intensity of use of buildings and land and open spaces about buildings are herein established.
An establishment for the pickup of cleaned/laundered clothing that may or may not include the secondary activity of cleaning of clothing and fabric with chemical solvents rather than water.
A building intended for the use of cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents, including, but not limited to, solvents of the petroleum distillate type and/or the chlorinated hydrocarbon type, and the processes incidental thereto.
A building designed or used exclusively as the living quarters for one or more families.
GROUPA group of two or more one-family, two-family or townhouse dwellings, multiple-family dwellings of multistory multiple-family dwellings occupying a lot in one ownership and having common yards.
LOW-RISE OR GARDEN APARTMENTA building containing two or more floors with each floor containing a series of individual dwelling units served by a common stairwell(s) or elevator. Access to the individual units is provided by a common interior corridor or hallway on each floor and access to the building is provided by one or more common entrances. They are limited to three stories in height by this chapter.
MULTIFAMILYA building containing three or more dwelling units and designed to be used or occupied as a residence by three or more families living independently of each other and each unit having its own exterior door or entrance door from an interior hall, but which may have joint services or facilities, or both.
SINGLE-FAMILY DETACHEDA detached building designed for or occupied exclusively by one family.
TOWNHOUSEA building developed for or occupied by not less than three families living independently of each other in dwelling units that are attached side by side by an unpierced party wall, each with a separate and distinct entrance, and separate services or facilities, or both; and which may have side yards adjacent to each end unit. Each dwelling unit is generally two stories in height, but may be either one story or three stories in height.
TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other, each with its own exterior entrance; also known as a duplex. The dwelling units may be attached by a common party wall or stacked with one family living over the other.
UNITA building, or portion thereof, providing complete housekeeping facilities for one family.
The total number of dwelling units per acre of land on the gross development area.
Notice given by the Borough through the internet or other electronic methods of the time and place of a public hearing and of the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added 4-10-2023 by Ord. No. 86]
The erection, construction, alteration or maintenance by public utilities or municipal departments, authorities, or commissions of underground or overhead utility distribution systems, emergency systems, traffic circulation systems, or any other service system necessary for furnishing adequate service to the residents of the Borough, and similar equipment and accessories in connection therewith, including buildings necessary for the furnishing of adequate services for the public health, safety and general welfare, but excluding office buildings, the outside storage of equipment or maintenance depots.
[Amended 11-9-2020 by Ord. No. 99]
An individual; two or more persons related by blood, marriage, foster care or adoption, including domestic servants or gratuitous guests thereof; or a group of not more than three unrelated persons living together without supervision in a dwelling unit; or not more than four persons living together in a group living arrangement with supervision, provided that the group living arrangements meet all of the following criteria:
It provides nonroutine support services, including supervision, personal care, social or counseling services and transportation to persons who need such assistance in order to use and enjoy a dwelling or to avoid being placed within an institution, because of a physical disability, old age, mental retardation, or other handicap or disability as defined by the Fair Housing Amendment Act or the Americans with Disabilities Act;
It provides for the joint occupancy of a dwelling unit where the residents maintain a common household and practice, on a permanent or long-term basis, a joint economic, social and cultural life;
It does not involve the housing of persons on a transient basis; and
It does not involve the housing or treatment of persons accepted for residence in the group living arrangement on the basis of their status as criminal offenders, juvenile offenders or delinquents or who would otherwise qualify for residence by virtue of having been found by any governmental tribunal, court or agency to be a danger to society or are on release or under the jurisdiction of the criminal justice system, a government bureau of correction or similar institution.
"Family" shall not include persons living together in a group home, transitional dwelling, personal care home, as defined herein, or any other supervised group living arrangement for persons not protected by the Fair Housing Amendments Act or the Americans with Disabilities Act or any persons who constitute a direct threat to others or their physical lot.
"Family" also expressly excludes a roomer, boarder, lodger or other temporary occupant who pays a remuneration for his/her overnight stay(s) at the dwelling.
Activity related to agriculture, stock raising, dairy produce or allied industry.
A business establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as banks, savings, loans, credit unions or check cashing establishments. Establishment may or may not offer a drive-through window.
A temporary inundation of normally dry areas.
The total floor area (gross floor area) of all buildings or structures on a lot divided by the area of said lot.
A business establishment producing, processing, and/or packing foods for human consumption and certain related products. Includes:
Bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution;
Dairy products processing;
Fats and oil products (not including rendering plants);
Fruit and vegetable canning, preserving, and related processing;
Grain mill products and by-products;
Meat, poultry, and seafood canning, curing, and by-product processing (not including facilities that also slaughter animals); and
Miscellaneous food preparation from raw products.
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.
[Added 4-10-2023 by Ord. No. 86]
A business establishment that offers the sale of fuel/energy recharge for vehicles with or without convenience goods for sale, such as prepackaged or limited prepared food items, tobacco, periodicals, and other household goods.
A building, including mortuaries, licensed by the Commonwealth of Pennsylvania, that contains a suitable storage room for the deceased and may include embalming facilities equipment and rooms for the display of burial ceremonies for the deceased, but excludes crematories.
An accessory building housing only motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.
A business establishment generally where most of the floor area is devoted to the full-service sale of prepackaged food products, fresh produce, fresh meats and dairy for home preparation and consumption, other home care and personal care products and where on-site eating facilities are accessory to the established principal use.
The total area of all floors of a structure computed by using the outside walls of the unit, excluding any space where the floor-to-ceiling height is less than seven feet and excluding all areas used for underground parking.
A group living arrangement licensed by the commonwealth that provides room and board and specialized services to permanent residents that exceed the number authorized in the definition of "family" or that fails to meet the criteria for the group living arrangement established in the definition of "family," but not including any short-term or transient residents as regulated by the definition of "transitional dwelling."
[Added 11-9-2020 by Ord. No. 99]
Any establishment having a source of income or compensation derived from offering a service to the public involving health, healing or fitness-related activities and providing or offering to provide physiological or psychological healing or therapy. This includes but is not limited to a health club and public spa or public hot tub. This term shall not include any business or establishment operated for the practice of a profession which is licensed by the Commonwealth of Pennsylvania, such as physicians, dentists, nurses, podiatrists, chiropractors, physical therapists and similar occupations. Massage facilities shall constitute no more than 5% of the floor area of the building.
A building or group of buildings devoted to the production or repair of electronic equipment.
A business or commercial activity carried on entirely within a building, whose principal use is a single-family dwelling whose impacts exceed those of a no-impact home-based business.
A business administered or conducted 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 must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
No on-site parking of commercially identified vehicles shall be permitted.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge, in volumes or type, which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
HOTELA business establishment inclusive of a building or portion thereof designed or used for transient rental for sleeping purposes. All room access is through interior hallways or courtyards. No cooking facilities, other than a microwave or toaster oven, may be permitted in any sleeping room. Accessory shops, restaurants, swimming pool, fitness center, spa, services and conference centers catering to the general public can be provided where conference rooms and banquet halls are also available for rent. Supervision is provided in shifts 24 hours a day by an on-site manager.
MOTELA business establishment inclusive of a building or group of buildings, whether detached or in connected units, used as individual sleeping units with separate exterior entrances, open year-round and designed for temporary occupancy, primarily for transient automobile travelers. Structures shall provide for accessory off-street parking areas. Supervision is provided in shifts by twenty-four-hour on-site management.
The percentage of the total lot area which is covered by buildings, parking lots and driveways.
A structure and/or premises where four or more dogs or cats, or any combination of dogs and cats totaling four animals, which are six months or older, are kept, bred, trained or boarded at any one time, whether for profit or not.
A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime operations, including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads/streets, associated on-site and contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. This term does not include a construction/demolition waste landfill.
A facility using land exclusively for the disposal of construction/demolition waste. The term includes land affected during the lifetime of the operations, including, but not limited to, areas where disposal activities actually occur, support facilities, borrow pits, offices, equipment sheds, air and water pollution control and treatment systems, access roads/streets, associated on-site or contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to the operation of the facility.
A health care facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family, assisted living, personal care, nursing home to hospice care units to congregate living, where residents may or may not share common meals, and culminating in a full health and continuing care nursing home facility.
A space within the main building or on the same lot therewith providing for the standing, loading or unloading of vehicles.
That area measured on a horizontal plane and bounded by the front, rear and side lot lines, exclusive of any area within a street right-of-way.
That percentage of the lot covered by the principal and accessory buildings.
That line which bounds the lot, contiguous with the public or private street right-of-way line.
The lot line which is most distant from and is most parallel to the front lot line.
Any lot line which is not a front or rear lot line.
The dimensions of a lot measured between the side lot lines on the building line.
A lot at the junction of two or more intersecting streets and having frontage on two or more such streets.
The horizontal distance between the front lot line and the rear lot line, measured midway between the side lot lines.
A lot other than a corner lot or a through lot.
A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
Notice given by the Borough of the time and place of a public hearing and of the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109, via first-class mail.
[Added 4-10-2023 by Ord. No. 86]
The process of making wares by hand, by machinery or by other agency, often with the provision of labor and the use of machinery.
MANUFACTURING/FABRICATION, HEAVYThe mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semifinished products not otherwise defined as light manufacturing.
MANUFACTURING/FABRICATION, LIGHTThe processing and fabrication of certain materials and products where no process involved will produce noise, vibration, water pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.
Any permanent sign structure attached only to the wall of a building and extended over areas intended for public pedestrian and/or vehicular traffic, when such structure is primarily for shelter rather than advertising.
Any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, psychotherapist, psychologist, registered nurses and practicing nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed.
A business establishment designed or used for the maintenance of large mechanical items such as tractors, washers, dryers, etc.
A business establishment designed or used for the maintenance of small mechanical items such as hedge trimmers, musical instruments, etc.
Marijuana for certified medical use as set forth in Act 16 of 2016; see 35 P.S. § 10231.101.
[Added 11-9-2020 by Ord. No. 100]
Use of a premises by a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit and/or license issued by the Commonwealth of Pennsylvania Department of Health, to dispense medical marijuana.
[Added 11-9-2020 by Ord. No. 100]
The use of a premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a permit and/or license issued by the Commonwealth of Pennsylvania Department of Health, to grow and/or process medical marijuana, where all growing and processing activities are conducted indoors.
[Added 11-9-2020 by Ord. No. 100]
A building or structure where two or more licensed medical professionals provide diagnostic health, medical, dental, surgical and/or psychiatric services and/or treatment diagnosis and treatment to the general public without overnight accommodation and may include uses such as reception areas, waiting areas, consultation rooms, x-ray and minor operating rooms and a dispensary, providing that all such uses shall have access only from the interior of the building or structure; and provided, further, that any facility for methadone treatment or other equivalent treatment programs approved by the Pennsylvania Department of Health shall be considered a medical clinic use.
A building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property. No sales, service or repair activities other than the rental of dead storage units are permitted on the premises.
A lot(s) or building(s) on or in which various land uses are combined as an integrated development. If the development includes nonresidential uses, no less than 25% of the total development shall be a residential use(s).
Any parcel of land or portion thereof which is used or offered for use as a location for one or more mobile homes.
A dwelling unit constructed in accordance with local building code standards, composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a required permanent foundation. A modular home constructed for use as a single-family dwelling unit shall be considered a single-family dwelling for the purposes of this chapter.
An administrative building of the municipality.
Any lot, building, or structure the purpose of which pertains to the function of the municipality.
A business establishment which may or may not dispense food and/or beverages for consumption on the premises and where a dance floor or entertainment (excluding adult entertainment) is provided.
Offices shall be limited to the following:
OFFICE, BUSINESSA business establishment that generally operates on a first-come, first-serve basis and has relatively high pedestrian or customer traffic throughout the year, including utility payment centers, advertising agencies, manufacturing representatives, personnel agencies, travel and ticket agencies and the like; a business establishment that serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of recognized professionals such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions; or an office of a governmental agency, social service organization, notary, public or private utility, political organization or the like, not including a municipal facility.
OFFICE, MEDICALA building or a series of buildings or rooms where the full-time equivalent of up to four principal health care providers and the full-time equivalent of up to three other health care providers practice on the premises at any given time, exclusive of administrative or clerical staff, provide diagnosis and treatment to the general public without overnight observation or outpatient surgical services. A medical office may include such uses as reception areas, offices, examination rooms and x-ray rooms, provided that all such uses have access only from the interior of the building. The term may include, but is not limited to, the practice of a licensed physician, dentist, podiatrist or chiropractor.
OFFICE, PROFESSIONALAny office of recognized professions, such as doctors, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers and others who, through training, are qualified to perform services of a professional nature.
A map adopted by the Borough pursuant to Article IV of the Pennsylvania Municipalities Planning Code.
A special zoning district with a set of requirements that are described in the ordinance text, is mapped, and is imposed in addition to those of the underlying district.
A publicly owned area designed to principally offer recreation, either active or passive.
An off-street parking area available for the parking of one motor vehicle and having passageways and driveways appurtenant thereto and giving access thereto and having a direct access to a street or alley.
Concrete or bituminous wearing surfaces with appropriate base consistent with sound engineering practices. "Paving" shall not include tar and chip and other similar practices.
A state-licensed residential facility in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but who do not require hospitalization or care in a skilled nursing or intermediate care facility, as defined in current state licensure requirements.
[Added 11-9-2020 by Ord. No. 99]
A business enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barbershop, beauty parlors and related activities.
A building and/or lot that is designed for the assembly or collection of persons, for civic, political, educational, or social purposes, and where recreation, amusement, or dining may occur as accessory activities. See also "assembly hall." A place of assembly does not include a private club or adult-oriented business.
A building use and/or lot where people regularly observe, practice or participate in religious or spiritual services, meetings and/or activities.
A residential development whose essential features are a definable boundary, a consistent but not necessarily uniform character, and with overall control during the development process by a single development entity.
The Planning Commission of the Borough.
Any establishment operated by a private, nonprofit organization for social, recreational, educational, fraternal or sororal purposes, which is open only to members and their guests and not to the general public.
A facility which provides for active recreation for an established fee to the public or private membership. Included are tennis courts, playgrounds, swimming pools, golf driving ranges and similar facilities.
Owned, operated or controlled by a government agency, federal, state or local.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings) and held in a manner consistent with the Local Agency Law.[3]
[Added 4-10-2023 by Ord. No. 86]
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
[Added 4-10-2023 by Ord. No. 86]
An off-street parking area on the surface of a lot which is the principal use on the lot, which may be operated either by a public agency or private entity, whether for profit or not, and which is available for use by the general public.
A building, or portion thereof, which is a part of the distribution system of a utility company.
A site where the principal use is a private recreation development, as defined in this chapter, or a public park or public facility.
A business establishment, owned by a private-sector entity(ies), generally intended for use by all ages, that provides recreation or entertainment, including but not limited to swimming pools, dance halls, bowling alleys, billiard and pool halls, video and other coin-operated game parlors, miniature golf courses, indoor rifle range and indoor archery range.
Swimming pools, skating rinks, recreational centers and other recreational areas and facilities (excluding golf courses) owned and/or operated by the Borough or other public-sector entity.
The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
A building or group of buildings, including incubator facilities, but not medical laboratories, used primarily for applied and developmental research, where product testing may be an integral part of the operation and goods or products may be manufactured solely when necessary for testing, evaluation, and test marketing. This usage excludes the use of toxic, biological, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids.
RESTAURANT, DRIVE-THROUGHA business establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles for consumption either on or off the premises.
RESTAURANT, TAKEOUTA business establishment that offers quick food service for consumption on or off the premises which is accomplished through a limited menu of items already prepared and held for service or prepared, fired or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
RESTAURANT, SIT-DOWNA business establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
Any business establishment not otherwise specifically defined in this article that sells or rents commodities and/or services on the premises directly to the general public, available for immediate purchase and removal, but not including the manufacturing or processing of any products.
Any educational facility offering the majority of its instruction to adults in subjects that normally would be offered to provide for training in a trade or vocation.
Space provided for one individual to sit as provided for by the latest edition of the Building Code adopted by the Borough.
A public street or alley located at the rear of a through lot which provides a second means of access to the lot and which is used primarily for access to off-street loading and off-street parking facilities for the lot.
Places of worship, parochial schools, private schools, parsonages, colleges and other similar institutions of an educational, religious, charitable or philanthropic nature.
Any dwelling unit or portion thereof that is rented for less than 30 consecutive days to the same person(s), including the appurtenances, grounds, and facilities held out for the use of the residential rental units generally.
[Added 11-9-2020 by Ord. No. 99]
Any structure or device used to attract attention by word or graphic display.
The entire area upon which graphic or written material or information is placed for viewing from a single direction.
Any sign hung either with or without frames, having characters, letters, illustrations, or ornamentation applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags on any institution or business arc not considered banners. Signs attached to vehicles are considered banner signs.
A sign whose purpose is to attract attention to a business establishment or its wares, including decorative and ornamental signs or those bearing script, except for informational signs.
A sign located on the premises, providing information of the traffic circulation pattern within a parking facility.
Any sign supported permanently on the ground, by varied means, and not attached to any building or structure. Freestanding signs shall include, but are not limited to, "ground" signs, "monument" signs.
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the location of the sign.
A sign affixed to a building or to the ground with a permanent foundation.
A sign permanently fixed and located on premises, providing a description of prices and services at that location. Included are menu boards, price listings and similar signs.
Any sign supported by a building wall and attached along one edge or by a bracket perpendicular to the wall surface, projecting more than six inches from the wall.
Any sign used for a circumstance, situation, or event designed, intended or expected to take place or finish within 30 consecutive days. Real estate signs are temporary signs, but are exempt from the thirty-day requirement.
Any sign attached flat against a building wall surface, projecting no more than six inches from the wall.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
A vegetative or decorative stone ground cover that is commonly accepted for use in this region by the American Association of Nurserymen for landscaping strips and similar uses as specified in "Ground Covers for North America" (American Association of Nurserymen).
A business establishment which provides on-site alcoholic beverage sales for drinking on the premises, where food is served only as accessory use, where live entertainment (not including adult entertainment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.
A dwelling unit occupied on a short-term basis by persons assigned by a court of law, or referred by a public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and/or supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
[Added 11-9-2020 by Ord. No. 99]
The specified purpose for which land or a building is designed, arranged, intended or for which it may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats and other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the treatment of the animal.
A building or structure used for the storage and handling of goods, materials, freight, or merchandise awaiting sale on another lot or location, but not including the maintenance or fueling of commercial vehicles. Warehousing which is incidental to retail sales and which does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition. Incidental sales may occur on the lot.
Any building or lot, or portion thereof, which the principal use is for the selling of large volumes of goods to customers in specialized trades or professions.
A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the front lot line and the building line.
A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied by other than accessory buildings, uses or structures, the depth of which is the least distance between the rear lot line and the rear of such building. In the case of through lots, the rear lot abutting the street shall provide a yard equal to the front yard of the applicable zoning district.
A yard between the principal building and the side lot line, extending between the rear yard line and the front yard line, unoccupied other than by accessory buildings, uses or structures. In the case of corner lots, the side abutting a street shall provide a yard equal to the front yard of the applicable zoning district or equal to an established building line.
A document certifying the zoning classification of a particular piece of property.
See "district, zoning."
The Official Zoning Map of the Borough.
[1]
Editor's Note: The definitions in Section 107 of the Municipalities Planning Code are included as an attachment to Ch. 290, Subdivision and Land Development, of this Code.
[2]
Editor's Note: The Table of Permitted Uses is an attachment to this chapter.
[3]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.