Shillington City Zoning Code

A building or structure subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. Earth satellite receiving dishes are included in this definition.

A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of the land or of a building on a lot.

Any adult arcades, adult bookstore, adult cabaret, adult theater, adult mini-motion-picture theater, adult novelty stores, adult video stores, escort agencies, nude model studios, sexual encounter centers, nontherapeutic massage parlor or other similar adult business uses or adult entertainment uses, which, under the provisions of Shillington Borough and the State Obscenity Code, as amended, must exclude minors or may not knowingly disseminate to minors. The following subdefinitions shall also apply to adult business uses or adult entertainment uses:

A unified planned residential development servicing the housing and personal needs and care of older persons, who are 55 years of age or older, within residential units.

Any enlargement of a building or structure; the moving of a building or structure from one location to another; any change in or addition to the structural parts of a building or structure; or any change in the means of egress from or access to a building or structure.

A commercial establishment which provides multiple amusement devices, games of skill or chance, video games, skeet-ball, and other similar devices.

A professional veterinary establishment used for the diagnosis, care, and treatment of ailing or injured animals, which may include overnight accommodations. The overnight boarding of healthy animals shall be considered a kennel.

A right-of-way which provides the primary vehicular access to a lot, not dedicated or deeded to the Borough, but approved by the Borough Council and shown on a recorded subdivision plan.

Any place where patrons of the business are gathered for the purpose of viewing or purchasing works of art and/or for instruction in various forms of art, such as painting, drawing, sketching, sculpting or pottery. Art studios may employ a person or persons who appear seminude or in a state of nudity or display specific anatomic areas and is/are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other patrons or customers of the business. Models employed in this use shall not be engaged in any activity or posed in any position depicting the "specified sexual activities" as defined under the adult business use.

A building, complex or distinct part thereof designed to foster assisted living and consisting of self-contained living units where services are available to support resident independence, autonomy, and aging in place in the least-restrictive environment possible, including where cognitive support services are required. The residence promotes resident self-direction and active participation in decisionmaking while emphasizing individuality, privacy and dignity. The term includes housing required to be licensed under the United States Department of Housing and Urban Development's assisted living conversion program. The term does not include a personal care home, domiciliary care home, publicly financed housing, an independent living community, or a house unit in a continuing care retirement community certified by the Insurance Department, where residents of such homes or units contract for services directly. Assisted living facilities are licensed by the Pennsylvania Department of Public Welfare.

Any building or land area devoted to the sale of three or more new or used vehicles at any given time, including customary service and repair facilities within an enclosed building.

Any building or land area devoted to the repair, servicing, restoration, reconstruction and maintenance of vehicles, including the retail sale of gasoline, motor oil, car washes, batteries and other similar vehicular accessories.

A retail sales store for baked goods, including those with on-site baking facilities.

A story partly below the finished grade but having 1/2 or more of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building.

The use and occupancy of a single-family detached dwelling for the purpose of accommodating transient guests for compensation or rent up to a maximum of 10 consecutive days.

The Borough of Shillington, Berks County, Pennsylvania.

The Borough Council of the Borough of Shillington, Berks County, Pennsylvania.

A continuous strip of landscaped land which is clear of all buildings and paved areas.

A structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the enclosure and support of individuals, animals or property of any kind.

The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.

The percentage of a lot covered by principal and accessory buildings.

The vertical distance of a building measured from the point which is the mean level of the highest and lowest portion of the site covered by the building to the highest portion of the roof.

The minimum distance a building or structure must be set back from a street right-of-way line (except the right-of-way of a service street).

The line within a property establishing the minimum required distance between any building or structure or portions thereof to be erected or altered and a street right-of-way (except the right-of-way of a service street). The distance shall be measured at right angles from the street right-of-way line which abuts the property, and the building setback line shall be parallel to said right-of-way line. A building setback line may be established farther from a street right-of-way line than the minimum building setback established for a zoning district.

A commercial facility to clean the exterior or interior portion of automobiles, which may include self-service facilities or full-service facilities as a principal use or subordinate use.

The portion of a street right-of-way, whether paved or unpaved, intended for vehicular use.

A story partly below the finished grade, having more than 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building.

A building used for public worship by a congregation, excluding buildings used primarily for residential, education, burial, recreational or other uses not normally associated with worship.

An area of unobstructed vision at a street intersection, as prescribed by the Borough of Shillington and/or the Pennsylvania Department of Transportation, which shall be measured 30 inches above the ground elevation to 10 feet above ground elevation. The area is further defined by connecting three points consisting of the point of intersection of the streets and a point located at a specified linear distance along the center line of the intersecting streets.

An association of persons for some common nonprofit activity, not including groups organized primarily to render a service which is customarily carried on as a business.

A use or activity operated as a business that is open to the public for the purpose of recreation and entertainment, including, but not limited to, bowling alleys, health or fitness clubs, swimming pools, miniature golf courses, museums, theaters, amusement arcades, and other similar commercial recreational uses as determined by the Zoning Officer.

An educational facility carried on as a business and not operated by a public agency. The range of curriculum can include, but not be limited to, academic instruction, business, technical programs, language, and other similar commercial school uses as determined by the Zoning Officer.

An area or areas of land or an area of water (excluding stormwater detention facilities), or a combination of land and water, within the parcel designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and required open areas between buildings and street rights-of-way, driveways, parking areas and property lines of the parcel.

A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling, one townhouse, or one two-family detached dwelling is located.

A use permitted in a particular zoning district upon approval of the Borough Council in accordance with the requirements of § 27-808 of this chapter and in accordance with Article VI of the Pennsylvania Municipalities Planning Code.

Real estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980,[2] as amended, are designated for separate ownership and the remainder of which is designed for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

A retail sales store for chocolates or other edible confections, including those with on-site production facilities.

A building with less than 10,000 square feet in gross floor area which is opened to the general public for up to 24 hours per day and designed and intended to be utilized solely for both the retail sale within the building of limited food items, beverages, take-out only delicatessen, newspapers, magazines, and incidental personal care items (but excluding the sale of prescription drugs and clothing), and the retail sale of gasoline outside of the building when dispensed from gasoline fueling positions.

A lot abutting two or more intersecting public or private streets or at the point of abrupt change of direction of a single street (an interior angle of less than 135°).

The offering of care or supervision to minors or adults. The following subcategories are related to day-care centers and facilities:

An open, partially enclosed accessory structure of a permitted use, which is occupied for seasonal activities.

A building occupied as a commercial establishment for the purpose of serving food as a restaurant and entertaining patrons with live theatrical performances, which are considered to be a subordinate use to a restaurant and not to be an adult business or adult entertainment use.

This measurement shall be made at the closet point.

The Department of Public Welfare.

A privately owned and improved access drive, which provides vehicular access between a public road or alley into the lot or parcel having frontage on the road or alley.

A commercial use and facility where clothing or fabrics are cleaned and pressed utilizing nonaqueous solvents or other accepted practices.

A building or structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding-, rooming, and lodging houses, nursing homes, motels, and institutional residences are not included in the definition of dwelling.

A building or structure or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit and having no cooking or sanitary facilities in common with any other dwelling unit.

An industrial facility and use, where metals are joined, assembled, welded, brazed, soldered, coated, wrapped, blended and/or converted utilizing machines, equipment, chemicals, heat, water, lasers, plasma and/or other accepted techniques.

The front of a building facing a public or private street or any other building face that is given special architectural treatment.

One or more persons related by blood, marriage, adoption or guardianship, with/or not more than two unrelated persons, living together as a single housekeeping unit and using cooking facilities and certain rooms in common.

A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.

A bank, savings and loan association, savings bank, investment company, investment manager, investment banker, securities broker/dealer, or philanthropic foundation.

The sum of the gross horizontal areas of every floor of a building measured to the exterior faces of exterior walls and to the center line of party walls, including basement spaces and roofed porches, roofed breezeways, roofed terraces, roofed garages and carports, and accessory buildings. Cellar area is excluded.

The assembling, mixing, treating, preserving and packaging of food or beverage substances within an enclosed building for distribution to other retail or wholesale establishments.

A building used for the preparation of the deceased for burial, including the viewing of the deceased and any lawful rituals connected therewith before burial or cremation.

An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owners or tenants of the premises and for the storage of not more than three motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.

A building, other than a private or storage garage, one or more stories in height, used solely for commercial storage, service or repair of motor vehicles.

A building, not a private residential or a public garage, one story in height, used solely for the storage of motor vehicles or other materials, but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.

A system utilizing the latent heat of the ground under a given property for the purpose of heating or cooling the spaces within a building or structure. (See § 27-624.)

The level of the ground adjacent to a building structure, exposed storage, or sign.

An enclosed building that is specifically designed and utilized to grow, raise, cultivate and/or sell plants, shrubs, flowers, or trees, either for private use or as part of a public or commercial use.

A household of not more than five persons that provides shelter, meals, supervision and assistance with personal care tasks, typically for older people or people with physical, behavioral health, or cognitive disabilities who are unable to care for themselves but do not need nursing home or medical care. All such group homes shall be provided with supported services through a licensed social service agency. Group homes are licensed and inspected by the Pennsylvania Department of Public Welfare. (See § 27-625.)

A household of not more than five persons that provides shelter, meals and supervision for people transitioning from correctional institutions or from drug/alcohol rehabilitation facilities. This use shall comply with the same use requirements as group homes and shall comply with § 27-625.

A commercial recreation use that is typically contained within a facility utilized for health, fitness and/or recreational activities. All activities relating to an adult business use shall be prohibited within a health and recreation club.

A place of egress from or access to a street or highway created by a driveway or another street or highway.

The lot dimension measured along the right-of-way line of any one street or highway abutting a lot.

An accessory use, which is customarily conducted within a residential use or a structure accessory thereto, which is clearly secondary and incidental to the residential use in which the practitioner resides. The following categories of home occupation are hereby defined:

A building or group of buildings containing individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. "Hotel" does not include institutional or educational uses and buildings where human beings are housed under legal constraint.

A use or activity that includes, but is not limited to, assembling, manufacturing, distributing, processing, storing or warehousing of products and materials, and similar industrial uses as determined by the Zoning Officer.

A use or activity that includes, but is not limited to, educational uses, churches, religious uses, assisted living care facilities, and other similar institutional uses as determined by the Zoning Officer.

Discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabrics, and similar material from vehicles, equipment or machinery.

A lot, land or structure, or parts thereof, used for the collection, storage, dismantling, salvage, sale, exchange and/or recycling of used and discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric, debris, and similar material from vehicles, equipment or machinery. The deposit of two or more unlicensed, noninspected, abandoned, wrecked or disabled vehicles shall be deemed to be a "junkyard" or "salvage yard."

Any property, including any building or structure thereon, where five or more dogs or domesticated pets over the age of 12 weeks are kept or maintained for boarding, grooming, breeding, training, showing, selling or exchange to other individuals.

A building or group of buildings in which there are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale. All such laboratories shall be licensed by the appropriate local, county, state or federal agencies to conduct lawful activities.

A commercial use within a building intended for patrons to have clothing or fabrics cleaned or dried in coin-operated machines.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed, or built upon as a unit. The area and depth of a lot abutting a street shall be determined by measurements to the street line.

The assembling, creating, cleaning, fabricating, processing, testing, recycling, packaging, converting, distributing and/or repairing of raw materials, with the use of labor and machinery, of products that will be made available for sale. The term "manufacture" shall not include retail sales, personal services, solid waste disposal, truck distribution, mineral extraction, woodland extraction, forestry, exportation of groundwater, warehousing, or similar uses determined by the Zoning Officer.

A place of business where a person or persons engage in or carry on any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of any part of the body with the hands or with the aid of any mechanical or spa apparatus. This particular use shall only include licensed physicians or members of the American Massage Therapist Association, and each massage therapist shall be licensed by the Pennsylvania Department of State.

A building which primarily involves a health care use, where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers, or other similar licensed professionals, where the patients are not typically lodged overnight or after normal office hours unless prescribed by the licensed professional.

A public or private facility utilized for the treatment, rehabilitation and training of outpatients to regain, develop or enhance their physical skills, condition or stamina, which has been lost or impaired through injury or illness.

A public or private facility utilized for medical testing, sampling or research in a controlled laboratory environment.

A building or group of attached or detached buildings containing individual living or sleeping units designed for temporary use by tourists or transients, each of which is provided with an independent exterior entrance and off-street parking space. The term "motel" includes auto courts, motor courts, motor inns, motor lodges, roadside hotels, or similar accommodations.

The Pennsylvania Municipalities Planning Code, as amended and codified.[3]

Buildings, structures, or land owned and maintained by the Borough.

A building, lot, structure, or use which does not conform to the regulations of the zoning district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, but which lawfully existed prior to the enactment of this chapter. Nonconforming structures include, but are not limited to, nonconforming signs.

A commercial retail use involving the raising and selling of plants, shrubs, flowers, trees and other landscaping products.

A building or part thereof used for the lodging, boarding, and nursing care, on an twenty-four-hour basis, of four or more persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person, which provides facilities and services primarily for inpatients who require nursing care and related medical services less intense than those given in a general hospital or an extended-care facility. Nursing homes are required to have a licensed nurse on duty 24 hours a day; and during at least one shift each day, one of those nurses must be a registered nurse. Services provided in nursing homes include services of nurses, nursing aides and assistants; physical, occupational and speech therapists; social workers and recreational assistants; and room and board. Nursing facilities that participate in the Medicare and Medicaid programs are subject to federal requirements regarding staffing and quality of care for residents (42 CFR Part 483). Facilities are also licensed and inspected by the Pennsylvania Department of Health.

Ground upon which no principal or accessory buildings, structures or uses and paved areas are permitted.

A system where the combustion chamber and hot-water heating coils are in a freestanding unit outside of the building or structure for which the hot water is being generated for space heating or domestic water-heating purposes. (See § 27-624.)

A space within a building or on a lot, used for the parking of a motor vehicle.

A wall used or adopted for joint service between two buildings or parts thereof.

The percentage of a lot covered by paving.

Hard material, such as concrete, asphalt, brick, or stone, treated to decrease its permeability, applied to a lot in order to smooth or firm the surface of the lot.

A descriptive word to include all improvements, buildings, structures and land on or within a lot.

A building in which a principal use on a lot is conducted.

The main or primary purpose for which any land, structure, or building is designed, arranged, or intended and for which it may be occupied or maintained under the terms of this chapter.

A building or portion of a building in which the services of a person permitted to practice a specified profession are offered to the general public. Examples of such professions may include: accountants, agents, architects, engineers, barbers, beauticians, lawyers, planners, therapists, optometrists, photographers, tailors, therapeutic massage, electronic repair technicians, or other similar personal service establishments as determined by the Zoning Officer.

A public thoroughfare, including a street, road, lane, alley, court, or similar terms, which has been dedicated or deeded to the Borough and accepted by it.

A self-propelled vehicle with living quarters incorporated into the vehicle that is licensed by the Pennsylvania Department of Transportation.

A commercial use in which machinery, equipment and goods, but not motor vehicles, are rented to customers for temporary use pursuant to a short-term rental contract, including the sale of machinery, equipment and goods as an accessory use. For the purposes of this definition: "machinery" means equipment which requires a motor to operate; "equipment" means any nonmotorized device permanently attached to and movable on wheels; and "goods" means any other rental items.

The total width of any land reserved or dedicated as a street, road, lane, alley, crosswalk, or for other public or semipublic uses.

A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.

Vegetative material, fence, etc., planted or constructed to screen the buildings, structures and uses on the lot on which the screen is located from the view of people on adjoining properties.

A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties, which is not the primary means of access to the properties.

A group of commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit related in location, size, and type of shops to the trade area that the unit serves.

Any structure, wall, or other surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction, information, attraction, or advertisement.

An independently supported sign, not attached to any building.

The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any adjoining lot.

A system utilizing sunlight to heat a fluid for space or domestic water heating or a system utilizing sunlight to generate electricity. (See § 27-624.)

Permission granted by the Zoning Hearing Board, with appropriate restrictions, to undertake certain activities specified in this chapter or to occupy or use land, buildings or structures for a specific purpose or in a certain manner specified in this chapter.

The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms.

The lot dimension measured along the street line or right-of way line of any one street or highway abutting a lot.

The dividing line between a lot and the outside boundary of a public street, road, or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan, or between a lot and a private street, road, or way over which the owners or tenants of one or more lots held in single and separate ownership have a right-of-way.

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

A facility or building which is designed or used as a residence for students enrolled at an institution of higher learning (college, university, community college, or trade school), including, but not limited to, a dormitory, fraternity house, or sorority house. (See § 27-626.)

The working place of a painter, sculptor, or such other similar artistic endeavor; a place for the study of an art such as dancing, singing, or acting, or such other similar artistic endeavor. Also refer to the definition of "art studio."

An establishment where alcoholic beverages are served to the general public as the primary portion of the trade in accordance with local and state laws.

A structure, building, tower, antenna and other types of facilities utilized as primary or accessory uses for telecommunications. The following subdefinitions of telecommunication facilities are provided as follows:

The science or technology of communications by electronic transmission of impulses as telegraph, cable, cellular, telephone, radio, television, microwave, earth station broadcast/cable television communications and other similar technology not otherwise enumerated and as may evolve after enactment of this chapter.

A legal method of applying pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of parts of the body with the hands or with the aid of any mechanical or spa apparatus.

A trailer, licensed by the Pennsylvania Department of Transportation, containing living quarters and sanitary facilities. Also included in this definition shall be living quarters permanently mounted on a trailer, also known as a "tiny house."

A facility where fuel and/or food services are provided.

The specific purpose for which land, a sign, or a structure or building is designed, arranged, intended, or for which it may be occupied or maintained, or any activity, occupation, business, or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Relief, granted by the Zoning Hearing Board, from the terms and conditions of this chapter, provided those conditions contained hereafter relating to establishing the entitlement to variances are found to exist by the Zoning Hearing Board.

A building or group of buildings primarily utilized for storage, transfer, loading and unloading of certain products or commodities, but shall not include retail uses or trucking establishment, unless such use is specifically permitted in that district.

A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.

A system utilizing wind to generate electricity. (See § 27-624.)

The open space on the same lot with a building. The space shall be open and unobstructed from the ground upward, except as otherwise provided in this chapter, and not less in depth or width than the minimum required in each zoning district.

The Borough of Shillington Zoning Hearing Board.

The Borough of Shillington Zoning Officer.

The Borough of Shillington Zoning Ordinance, as amended.