Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
100-YEAR FLOODA flood that has one chance in 100 or a 1% chance of being equaled or exceeded in any year.
ABANDONED VEHICLEA vehicle, other than a pedalcycle, shall be presumed to be abandoned if, as defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102, it is unable to be moved under its own power or is left unattended on or along a public right-of-way or other public property for more than 48 hours and does not bear valid registration, a current certificate of inspection, and an ascertainable vehicle identification number.
[Added 4-10-2017]
ACCESS DRIVEA paved surface, other than a street or alley, which provides vehicular access from a street or private road or a lot.
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or the main building and located on the same lot with such principal use or main building.
ADULT-ORIENTED BUSINESSA business or club which engages in one or more of the following areas of sales, services or entertainment:
(1) (a) Which has a substantial or significant portion of its stock-in-trade consisting of the following items:
[1] Books, magazines or other periodicals, films or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas; and/or
[2] Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct.
(b) To which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion-picture machines, projectors or other image producing devices are maintained to show images, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas.
(2) ADULT THEATERAny theater, auditorium, concert hall or other place of assembly presenting any form of audio and/or visual material and in which a substantial portion of the total presentation time measured over any consecutive twelve-month period is or will be devoted to the showing of material which is distinguished or characterized by emphasis on depiction, description or display of sexual activities or uncovered male or female genital areas, or featuring live performances on a regular basis which are distinguished or characterized by emphasis on depiction, description or display of sexual activities or by exposure of uncovered male or female genital areas for observation by patrons.
(3) MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
AGRICULTUREThe tilling of the soil, the raising of crops, horticulture and gardening.
ALLEYA narrow thoroughfare through a block giving access primarily to the rear of buildings or properties.
ALTERATIONSAs applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURALAny change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
AMENDMENTA change in use in a district which includes revisions to the zoning text and/or the official Zoning Map. The authority for any amendment lies solely with the City Council.
ANIMAL HOSPITALA building used for the treatment, housing or boarding of small domestic animals, such as dogs, cats, rabbits and birds or fowl, by a veterinarian.
APARTMENTA dwelling unit for rent or lease, other than a single-family detached dwelling.
APARTMENT CONVERSIONA dwelling constructed by converting an existing building into apartments for one or more families, without substantially altering the exterior of the building.
AREA, BUILDINGThe total area taken on a horizontal plane at the mean level of the ground surrounding the main building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AUTOMOBILE AND/OR MOBILE HOME SALES GARAGEA building on a lot designed and used primarily for the display or sale of new and used cars and mobile homes, where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.
AUTOMOBILE AND/OR TRAILER SALES LOTAn open lot used for the outdoor display or sales of new or used automobiles or trailers, where minor and incidental repair work, other than body and fender, may be done.
AUTOMOBILE BODY SHOPA building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles for conveyance.
AUTOMOBILE GARAGE, MAJORA building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing or supplying of gasoline or oil to automobiles, trucks or other motor vehicles.
AUTOMOBILE GARAGE, MINORA building for the storage of one or more automobiles and/or other vehicles, provided that no business, occupation or service is conducted for profit therein other than the leasing of space for the storage of automobiles and/or other vehicles.
AUTOMOBILE OR GASOLINE SERVICE STATIONA building on a lot or part thereof that is used primarily for the retail sale of gasoline, oil and other fuel and which may include facilities used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing automobiles and other vehicles.
AUTOMOBILE WASHING (CAR WASH)A building on a lot designed and used primarily for the washing and polishing of automobiles, which may provide accessory services as set forth herein for automobile service stations.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other chapters have been prepared; for purposes of this chapter, the 100-year flood.
BASEMENTA story partly underground but having 1/2 or more of its height above the average level of the adjoining ground.
BOARDINGHOUSEA building where, for compensation, provisions are made for lodging and meals for at least three but not more than 15 persons.
BOARDINGHOUSE, ADULT PERSONAL CAREA building in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three, but not more than six, 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 do not require hospitalization or care in a skilled nursing or intermediate care facility.
[Added 8-13-1984 by Ord. No. 1060]
BUILDINGAny structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING LINEA line parallel to the front, side or rear lot line, set so as to provide the required yard.
BUILDING, MAINA building in which is conducted the principal use of the lot on which it is located.
CARPORTA building open on at least three sides which is primarily designed or used for parking automobiles.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the required number of stories.
COURTAn unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNERA court which does not extend to a street, alley, yard or outer court.
COURT, OUTERA court which extends to a street, alley, yard or other outer court.
COVERAGEThe percentage of the plot or lot area covered by the building area.
CURB LEVELThe officially established grade of the curb in front of the midpoint of the lot.
DAIRYAn industrial establishment for the manufacture or processing of dairy products.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DOG KENNELThe sheltering of three or more dogs that are more than six months old.
DWELLINGA building designed for living quarters containing one or more dwelling units.
DWELLING, GROUPA group of two or more single-family, two-family or multifamily dwellings occupying a lot in one ownership.
DWELLING, MULTIFAMILYA dwelling used by three or more families living independently of each other and doing their own cooking, including apartment houses, row houses or townhouses.
DWELLING, TWO-FAMILY ATTACHED (ROW)A dwelling used by two families, with one dwelling unit arranged over the other and having two party walls in common with other dwellings, such as row houses or townhouses.
DWELLING, TWO-FAMILY SEMIDETACHEDA dwelling used by two families, with one dwelling unit arranged over the other, having a side yard and having a party wall in common with another dwelling or building.
DWELLING UNITOne or more rooms providing living and sanitary facilities for one family and with facilities for sleeping, cooking and eating.
FAMILYOne or more persons who live in one dwelling unit and maintain a common household. It may consist of a single person or two or more persons, whether or not related by blood, marriage or adoption. It may also include domestic servants and gratuitous guests, but not occupants of a club, fraternal lodging or boardinghouse.
FENCEAny combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within.
FLOODA temporary inundation of normally dry land areas.
FLOODPLAINA relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. For the purpose of this chapter, it is the 100-year floodplain as delineated by the Type 15 Flood Insurance Study for the City of Sunbury.
FLOODPROOFINGAny combination of structural or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOOR AREA, HABITABLEThe sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen or bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms or closets; nor unheated areas such as enclosed porches; nor rooms without at least one window or skylight opening onto an outside yard or court.
FLOOR AREA OF A BUILDINGThe sum of the gross horizontal areas of several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
GARAGESee "automobile garage, major" and "automobile garage, minor."
GARDENINGThe cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.
GRADE, FINISHEDThe complete surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HEIGHT OF BUILDINGThe vertical distance measured from the mean level of the ground surrounding the building to the point of the roof, but not including chimneys, towers, spires, elevator penthouses, tanks and similar projections.
HOSPITALAny premises, other than a mental health establishment, as defined herein, whether or not operated for profit, having an organized medical staff and providing equipment and services primarily for inpatient care of individuals who require definitive medical diagnosis and/or treatment and care for illness, injury or other disability, or during or after pregnancy, and which also makes available at least clinical laboratory services, diagnostic X-ray services, definitive clinical treatment services, surgical services and outpatient emergency services.
HOTELA building designed for occupancy primarily as the temporary abiding place for individuals who are lodged with or without meals, in which building:
(1) There are more than 10 sleeping rooms.
(2) Fifty percent or more of the gross floor area shall be devoted to residential use.
(3) Business may be conducted when accessory and incidental.
(4) There may be club rooms, ballrooms and common dining facilities.
(5) Such hotel services as maid, telephone and postal services are provided.
INDUSTRIAL PARKA tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets with utility services, setbacks, side yards, landscaped yards and covenants controlling the architecture and uses.
JUNKWastepaper, scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel, appliances, drums, scrap wood (excluding firewood), and other old or scrap ferrous or nonferrous material, including wrecked, scrapped, ruined, dismantled, nonrepairable, salvage or abandoned motor vehicles or automobiles, truck-campers, trailers, or parts thereof.
[Added 4-10-2017]
JUNKYARDAny lot, land or open structure, or part thereof, used primarily for the collection, storage, salvaging or selling of junk or discarded material. "Open structure," as defined herein, shall include, but not be limited to, carports, tarps, or any other types of temporary coverings used to cover or store junk or discarded material. The term "junkyard" shall not be applicable to recycling centers, vehicle salvage dealers, and repair or towing businesses, as defined herein.
[Amended 4-10-2017]
LOTA measured parcel of land having fixed boundaries and designated on a plot plan, survey or map.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads or at the point of abrupt change of a single street or private road, where the interior angle is less than 135° and the radius of the street or private road line is less than 100 feet.
LOT LINESThe lines bounding a lot as defined herein.
MEDICAL CENTERThe office of more than one practitioner of the profession of medicine, which for the purpose of this chapter shall include dentistry, chiropractic and podiatry.
MENTAL HEALTH ESTABLISHMENTAny premises, whether or not operated for profit, for the care of individuals who require care because of mental illness, intellectual disability or inebriety. The private home of a person who is rendering such care to a relative shall not be deemed to be a mental health establishment.
[Amended 1-11-2016]
MOBILE HOME PARKA lot upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located.
MOTELA group of attached or detached buildings containing sleeping rooms or living units with accessory facilities designed for temporary use by automobile tourists or transients, including auto courts, motels, motor lodges and similar establishments.
MOTOR VEHICLE SALESROOMA building designed and used primarily for the display or sale of new or used automobiles and/or other vehicles where mechanical repairs may be conducted as an accessory use.
NONCONFORMING BUILDINGA building or structure which does not conform to all the height, area, court and yard regulations of a district in which it is located.
NONCONFORMING SIGNA sign which does not conform to the regulations of a district in which it is located.
NONCONFORMING USEA use which does not conform to the regulations of a district in which it is located.
NONREPAIRABLE VEHICLEA vehicle shall be presumed to be nonrepairable if, as defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102, it is incapable of safe operation for use on roadways or highways and has no resale value except as a source of parts or scrap only; a salvage vehicle issued a nonrepairable or nonrebuildable vehicle document by another state; or a vehicle which a salvor or vehicle salvage dealer designates as a source for parts or scrap or which the owner irreversibly designates as a source for parts or scrap.
[Added 4-10-2017]
NURSERY, HORTICULTUREAny lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants, including the buildings, structures and equipment customarily incidental and accessory to the primary use.
NURSING OR CONVALESCENT HOMEAny premises, whether or not operated for profit, primarily engaged in providing skilled nursing care and related services and/or intermediate nursing care and related services and/or rehabilitation services for the patients who are not acutely ill and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical infirmity, need such care or services.
OPEN SPACEThe unoccupied space open to the sky on the same lot with the building.
PARKING SPACEThe space, located off of the public right-of-way, for the parking of one automobile.
PAVEDCovered with crushed limestone, concrete, macadam or other material making a firm surface for travel.
PERSONAL SERVICE SHOPA business which provides a service which is personal in nature, such as barbershops and beauty shops, dry cleaners, dressmakers, tailors and so forth.
PET GROOMINGThe grooming of domesticated animals. Pets and animals shall not include farm animals and the like. Animals shall be maintained inside the business. The boarding of animals shall not be permitted. Pet grooming shall only be permitted in H-C, I-P, N-B and C-B zoned areas.
[Added 6-10-2002; amended 8-26-2002]
PLATA map, plan or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
PREMANUFACTURED HOUSING (MOBILE HOME)A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two 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.
[Added 1-11-2016]
PREMISESAny lot, parcel or tract of land and any building constructed thereon.
PRIVATENot publicly owned, operated or controlled.
PRIVATE ROADA right-of-way, other than a street, which provides vehicular access to two or more lots.
PROFESSIONAL OFFICEThe office of a sole practitioner of the traditional professions of theology, medicine and law, or the practitioner of a profession other than theology, medicine and law when allowed by the Zoning Hearing Board according to the provisions of §
175-88.
PUBLICOwned, operated or controlled by a government agency, federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education.
QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT or TOPSOIL STRIPPINGA lot or land or part thereof used for the purpose of extracting stone, sand, clay, gravel or topsoil for sale, excluding the grading of a lot preparatory to the construction of a building for which application for a building permit has been made.
RECYCLINGThe collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
[Added 4-10-2017]
RECYCLING CENTERAn individual or business primarily and actively engaged in the business of recycling.
[Added 4-10-2017]
REPAIR OR TOWING BUSINESSAn individual or business, as defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 1337(c) (relating to use of "miscellaneous motor vehicle business" registration plates), who is primarily and actively engaged in the business of mechanical or body repairs or towing for direct compensation of motor vehicles owned and operated by other persons.
[Added 4-10-2017]
RIDING ACADEMYAn establishment where horses are kept for riding or driving or are stabled for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROOMING HOUSEA building where, for compensation, provisions are made for lodging for at least three but not more than 15 persons.
SALVAGE VEHICLEA vehicle shall be presumed to be salvage if, as defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102, it is inoperable or unable to meet vehicle equipment and inspection standards to the extent that the cost of repairs would exceed the value of the repaired vehicle. The term does not include a vehicle that would qualify as an antique or classic vehicle except for its lack of restoration or maintenance.
[Added 4-10-2017]
SCHOOL, PRIVATEAny place offering instruction in any branch of knowledge which is operated by a nongovernmental agency.
SCHOOL, PUBLICAny place offering instruction in any branch of knowledge which is operated by a governmental agency.
SCREEN PLANTINGA vegetative material of sufficient height and density to conceal from the view of property owners in adjoining districts the structures and uses on the premises on which the screen planting is located.
SCREENINGThe use of any natural objects, plantings, embankments, fencing, walls or structures, or a combination of any of these, which will effectively create a complete visible screen.
[Added 4-10-2017]
SHOPPING CENTERA group of stores planned and designed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit.
SIGNAny surface, fabric, device or structure, including billboards or poster panel, bearing lettered, pictorial or sculptured matter designed for visual communication and used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government.
SPECIAL EXCEPTIONA use which the Zoning Hearing Board is permitted to authorize in specific instances listed in this chapter, under the terms, procedures and conditions prescribed in this chapter.
SPECIAL SALESThe sale of goods in a building or on a lot normally used for residential purposes, such as porch sales, garage sales, yard sales and all similar sales.
STABLEA building in which horses are kept.
STORYThat 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, then the space between any floor and the ceiling immediately above it.
STREETA thoroughfare along the perimeter of a block, which primarily affords access to the front of buildings or properties.
STREET GRADEThe officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts, at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINEThe dividing line between the street and lot, also shown as the right-of-way line.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.
SUBDIVISIONAn area of land divided by the owner or agent, either by lots or by metes and bounds, into lots or parcels, two or more in number, for the purpose of conveyance, transfer, improvements or sale. The appurtenant roads, streets and ways dedicated or intended to be dedicated to public uses, or the use of purchasers or owners of lots fronting thereon are included. The word "subdivision" includes the word "resubdivision," "plat," "replat," "plan" or "replan."
TELEPHONE CENTRAL OFFICEA building and its equipment erected and used for the purpose of facilitating the transmission and exchange of telephone and radio messages among subscribers, and other business of a telephone central office. It shall not include storage of materials, trucks or repair facilities or housing of repair crews.
THEATERA building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.
TOURIST HOMEA dwelling in which overnight accommodations are used by a transient guest for compensation.
TRAILERA vehicle designed to be towed by a motor vehicle.
[Added 4-10-2017]
TRUCK-CAMPERA structure designed, used or maintained primarily to be loaded or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.
[Added 4-10-2017]
USEThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCEA variation or modification of the provisions of this chapter which the Zoning Hearing Board is permitted to authorize, in specific instances, under the terms, procedures and conditions prescribed in the Pennsylvania Municipalities Planning Code and this chapter.
VEHICLEAs defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102, every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
[Added 4-10-2017]
VEHICLE SALVAGE DEALERAny individual or business, as defined under the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 1337(c) (relating to use of "miscellaneous motor vehicle business" registration plates), who is primarily and actively engaged in the business of acquiring and dismantling used, wrecked, damaged, abandoned or salvage vehicles for the purpose of selling the usable parts and selling the remaining vehicle hulk materials for recycling or processing.
[Added 4-10-2017]
WINDOWAn opening to the outside, other than a door, which provides all or part of the required natural ventilation or natural light, or both, to an interior space.
YARDA space open to the sky and unoccupied by any building, structure or merchandise for display or sale, located on the same lot with a building or structure.
YARD, FRONTA yard on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the required setback line and the street line.
YARD, REARA yard on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building.
YARD, SIDEA yard on the same lot with the building, situated between the required setback line and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.