Tatamy City Zoning Code

GENERAL PROVISIONS

§ 155.001 PURPOSE AND OBJECTIVES.

This chapter is hereby adopted:

(A) In accordance with the requirements and purposes (including § 604 or its successor section, which is included by reference) of the state’s Municipalities Planning Code, as amended;

(B) In accordance with the goals and objectives (which are included by reference) of the Tatamy Borough Comprehensive Plan of 1990 (as may be amended), which constitutes an overall program;

(C) In consideration of the character of the borough, its various parts and the suitability of the various parts for particular uses and structures; and

(D) To assist in carrying out the goals and purposes of the Constitution of the commonwealth (especially Art. I, § 27), the state’s Floodplain Management Act, the state’s Storm Water Management Act, the state’s DER regulations on erosion and sedimentation control, the state’s Department of Transportation regulations on highway access control and other relevant federal and state laws, regulations, official policies and relevant court decisions.

(Ord. passed 2-4-1991, § 101)

§ 155.002 APPLICATION.

(A) An activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter.

(B) This chapter regulates matters authorized by § 603, Ordinance Provisions, of the state’s Planning Code or such successor section.

(Ord. passed 2-4-1991, § 102)

§ 155.003 PUBLIC UTILITY EXEMPTIONS.

See § 619 of the state’s Planning Code.

(Ord. passed 2-4-1991, § 103)

§ 155.004 AUTHORITY EXEMPTION.

The requirements of this chapter shall not apply to uses or structures owned by the borough or by municipal authorities created solely by the borough, for uses and structures that are intended for a legitimate governmental or public health and safety purpose.

(Ord. passed 2-4-1991, § 104)

§ 155.005 INTERPRETATION.

(A) Minimum requirements. The provisions of this chapter shall be interpreted as the minimum requirements to promote public health, safety and general welfare. Where a provision of this chapter differs or conflicts with any other provision of this chapter or any other ordinance, regulation or law, the provision that is more restrictive upon uses and structures shall apply.

(B) Uses not specifically regulated. If a use clearly is not permitted by right, by condition or by special exception by this chapter within any zoning district, the use is prohibited in the borough, except the applicant may apply to the Zoning Hearing Board. The Zoning Hearing Board may permit such use if the applicant proves all of the following to the satisfaction of the Zoning Hearing Board:

(1) The use would clearly be less offensive in impacts and nuisances than uses permitted in that district;

(2) The use would be compatible with permitted uses in that district;

(3) The proposed use would be compatible with the purposes of the district;

(4) The use can meet the general criteria listed in § 11B, entitled “Standards for Decisions”; and

(5) The use is not “specifically prohibited” in the district.

(D) Interpretation of chapter text and boundaries. The Zoning Officer shall apply the wording of this chapter and the location of all district boundaries to particular applications. In case of uncertainty by the Zoning Officer, he or she shall request an interpretation of the specific uncertainty by the Zoning Hearing Board, with the applicant not liable for the application fee for that particular request. The Zoning Officer may also request an advisory opinion from the Borough Solicitor or the Zoning Hearing Board Solicitor. See §§ 155.045 through 155.052 of this chapter and the borough’s fee schedule concerning appeals by an applicant.

(E) Definitions. In matters of dispute, the Zoning Hearing Board shall have the authority to define words that are not specifically defined in this chapter.

(Ord. passed 2-4-1991, § 105)

§ 155.006 SEVERABILITY.

(A) It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

(B) The Borough Council hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.

(Ord. passed 2-4-1991, § 106)

§ 155.007 REPEALER.

All other borough ordinances or resolutions or parts thereof that were adopted prior to this chapter and are clearly in direct conflict with this chapter are hereby repealed, including the pre-existing zoning ordinance, as amended, but not including Chapter 152 of this code of ordinances, as amended.

(Ord. passed 2-4-1991, § 107)

§ 155.008 DEFINITIONS.

(A) General interpretation. For the purposes of this chapter, words and terms used herein shall be interpreted as follows.

(1) Words in the present tense shall include the future tense.

(2) “Used” or “occupied”, as applied to any land or building include the words “intended, arranged or designed to be used or occupied”.

(3) “Should” means that it is strongly encouraged but is not mandatory. “Shall” is always mandatory.

(4) “Sale” shall also include rental.

(5) The singular shall include the plural and vice-versa. The masculine gender shall include the feminine and neuter, and vice-versa.

(6) If a word is not defined in this chapter, but is defined in Chapter 154 of this code of ordinances, as amended, the definition in that chapter shall apply. If a word is defined in both this chapter and another borough ordinance, each definition shall apply to the provisions of each applicable ordinance.

(7) Any word or term not defined in this chapter or Chapter 154 of this code of ordinances, as amended, shall be used with the meaning of standard usage within the context of the section.

(8) The words “such as”, “includes”, “including” and “specifically” shall provide examples, but shall not by themselves limit a provision only to items specifically mentioned, if other items would otherwise comply with the provision.

(Ord. passed 2-4-1991, § 201)

(B) Terms defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.

ABUT. Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street or a perennial waterway. See definition of ADJACENT.

ACCESS DRIVE or ACCESSWAY. A privately-owned, constructed and maintained vehicular access roadway accessing more than one dwelling unit or more than one commercial, institutional or industrial principal use. See also DRIVEWAY.

ACCESS POINT. One combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include accessways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.

ACCESSORY BUILDING. A building which is subordinate and accessory to a principal building on the same lot and which is used for purposes that are clearly customarily incidental to the uses of the principal building. Any portion of a principal building used for an accessory use shall not be considered to be an ACCESSORY BUILDING.

ACCESSORY STRUCTURE. A structure, such as a private garage or private swimming pool, serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.

ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ACRE. Forty-three thousand five hundred sixty square feet.

ADJACENT. Includes contiguous lots that share a common lot line or that are separated only by a street or waterway.

ADULT BOOKSTORE. A use having a significant portion of the market value of its stock in trade and/or of the number of total items of its stock in trade in books, films, magazines, video tapes, novelties or other periodicals which are distinguished or characterized by an emphasis on matter depicting, describing or relating to uncovered male or female genitals or “specified sexual activities”. This shall include, but not be limited to, materials that would be illegal to sell to persons under age 18 under state law.

ADULT DAY CARE CENTER. A use providing supervised care and assistance primarily to persons over age 60 and/or disabled persons who need such daily assistance because of physical disability, old age or mental problems that are not criminal or violent in nature. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than 60 hours per week per person.

ADULT MOVIE THEATER. A use involving the presentation typically to three or more persons at one time of motion pictures, video tapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of “specified sexual activities” for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter. This shall include, but not be limited to, any theater that shows any one or multiple motion pictures that is restricted to persons over age 18, regardless of the presence of parents or guardians, over a total of more than 14 days in any calendar year.

ADULT USE. This shall include only the following: adult bookstore; adult movie theater; massage parlor; or cabaret.

AGRICULTURE. “Crop farming”, “plant nursery” and “animal husbandry”. See definition of each.

AIRPORT. An area of land or water or a surface of a building which is designated, used or intended to be used for the landing and take-off of motorized aircraft weighing more than 50 pounds each, and any related aircraft support facilities such as for maintenance, refueling and parking. A PUBLIC AIRPORT shall be one that does not meet the definition of a PRIVATE AIRPORT. A PRIVATE AIRPORT shall be one that is limited to a maximum total of 15 flights and/or take-offs in any seven-day period and that is not available for use by the general public.

ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

AMATEUR RADIO ANTENNA. A device, partially or wholly exterior to a building, that is used for receiving and/or transmitting electronic signals or short-wave or citizens band radio frequencies. This includes any accessory supporting structures.

ANIMAL CEMETERY.

(a) Land or buildings used for the internment or burial of the remains of:

1. Three or more non-cremated animals on a lot of less than 30 acres; and

2. Ten or more animals on a lot of 30 or more acres.

(b) Burial of cremated animals or fewer numbers of non-cremated animals on a lot shall be a permitted by right accessory use in all districts.

ANIMAL HOSPITAL. Shall have the same meaning as “veterinarian office.”

ANIMAL HUSBANDRY. The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the § 155.137(D)(9)(k) of this chapter and beyond what is allowed within the definition of “crop farming”. For the purposes of this chapter, the KEEPING OF LIVESTOCK shall have the same meaning as ANIMAL HUSBANDRY. ANIMAL HUSBANDRY shall not include a slaughterhouse, nor a stockyard used for the housing of animals awaiting slaughter.

APARTMENT. See DWELLING TYPES.

APPLICANT. The person(s), company, partnership, profit or non-profit corporation or trust responsible for a particular application for an approval or permit under this chapter.

AUDITORIUM, COMMERCIAL. A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition of a “movie theater”, “adult cabaret” or “standard or fast-food restaurant”.

AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES. A building or area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles; recreation vehicles; boat trailers; farm machinery; motorcycles; trucks; utility trailers; construction vehicles or boats; or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use; provided that, all requirements of such use are complied with. This use shall not include a mobile/manufactured home park or a junkyard.

AUTO REPAIR GARAGE. A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of “auto service station”. An AUTO REPAIR GARAGE shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work; straightening of body parts; painting; welding or rebuilding of transmissions. Any use permitted as part of a “auto service station” is also permitted as part of an AUTO REPAIR GARAGE.

AUTO SERVICE STATION. A building and/or land where gasoline is sold, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories; and safety and emission inspections. This use may include the sale of ready-to-eat food for consumption off of the lot and common household products as a clearly accessory use; provided that, the total parking requirements of §§ 155.195 through 155.199 of this chapter are complied with.

BASEMENT. An enclosed floor area partly or wholly underground. A BASEMENT shall be considered a “story” if more than 50% of the perimeter walls at the basement ceiling height are five feet or higher above the adjacent finished grade.

BED AND BREAKFAST. The use of a maximum of four transient rental units within a dwelling. This shall only include a use that is operated primarily by a permanent resident(s) of the dwelling. No person (other than the operator and his or her family) shall occupy the use for more than 21 days in any 60- day period.

BETTING USE. A use where lawful gambling activities are conducted, including, but not limited to, off-track pari-mutual betting. This term shall not include betting under the State Lottery programs or betting under the “small games of chance” provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a “membership club”).

BILLBOARD. See SIGN, OFF-PREMISES. Any off-premises sign with any total sign area greater than 50 square feet.

BLAST or BLASTING. The explosion of dynamite, black powder, fuse, blasting cap, detonators, electric squibs or other explosives.

BOARD. The Zoning Hearing Borough of Tatamy Borough.

BOROUGH COUNCIL. The Borough Council of Tatamy Borough.

BOARDING HOUSE. A residential use in which two or more individual rooms that do not meet the definition of a dwelling unit are rented for habitation or a dwelling unit that includes greater than the permitted maximum number of unrelated persons, and which does not meet the definition of a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of BOARDING HOUSE. A BOARDING HOUSE may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

BOROUGH. The Borough of Tatamy, Northampton County, Pennsylvania.

BUFFER YARD. A strip of land separating a land use from another land use or feature, and which is not occupied by any principal or accessory building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A BUFFER YARD may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a BUFFER YARD requirement.

BUILDING. Any structure having a permanent roof and intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. BUILDING is interpreted as including “or part thereof”. See the separate definition of STRUCTURE. Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.

BUILDING COVERAGE. The percentage obtained by dividing the maximum horizontal area in square feet of all principal and accessory buildings on a lot by the total lot area of the lot upon which the buildings are located.

BUILDING, PRINCIPAL. A building used for the conduct of the principal use of a lot, and which is not an accessory building.

BUILDING LENGTH. The horizontal measurement between the two most distant portions, other than portions measured diagonally, of any one building or of attached buildings.

BUILDING SETBACK LINE. See SETBACK LINE.

BUILDING WIDTH. The horizontal measurement between two structural walls of one building that are generally parallel, measured in one general direction that is most closely parallel to the required lot width. For a townhouse, this WIDTH shall be the width of each dwelling unit.

BULK RECYCLING CENTER. A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of non-recycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall, not include a junkyard.

BULK STORAGE. Storage beyond what is reasonably needed for customary use on-site. This includes storage of substances intended to be sold or re-sold for use off-site.

CABARET. A use including live entertainment involving persons displaying uncovered male or female genitals or completely nude female breasts or engaging in simulated or actual “specified sexual activities” related to some form of monetary compensation paid to an operator of the use or to persons involved in such activity.

CAMPGROUND. A use that is primarily recreational in nature that involves the use of tents or sites leased for recreational vehicles for transient and seasonal occupancy by persons recreating or travelers, or the use of tents or cabins for seasonal occupancy by organized groups of persons under age 18 and their counselors.

CARPORT. A building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides. If any portion of a CARPORT is attached to a principal building, it shall be considered to be part of that building.

CARTWAY. The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.

CEMETERY. Land or buildings used for the burial of deceased humans, but not animals. The internment of remains of cremated humans is not regulated by this chapter.

CHAIRPERSON. Includes chairman, chairwoman, chair and acting chairperson (when applicable).

CHRISTMAS TREE FARM or TREE FARM. A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale of trees from November 15 to December 30 that were produced on the premises.

COMMERCIAL COMMUNICATIONS TOWER. A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals. COMMERCIAL COMMUNICATIONS TOWERS include, but are not limited to, antenna used for transmitting commercial radio or television signals or cellular telephone communications, but shall not include an amateur radio antenna.

COMMERCIAL DISTRICT. The C District.

COMMERCIAL FORESTRY. The harvesting of more than 25 live trees with a trunk width of six inches or more at a height three feet above the average ground level on any tract or lot within a calendar year. This term shall not apply to the following, which are permitted by right uses in all districts:

(a) Cutting of trees that involve less than 20% of all trees on one or more abutting lots with a trunk width of greater than six inches;

(b) Cutting of trees with a trunk width less than six inches;

(d) Christmas tree farms; nor

(e) Clearing of portions of a lot that is clearly the minimum necessary for construction.

COMMERCIAL OUTDOOR RECREATION. An area which has a total building coverage of less than 15%, is used principally for active or passive recreation and is used for a profit-making purpose.

COMMERCIAL USE. Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a COMMERCIAL USE.

COMMISSION. The Planning Commission of the Borough of Tatamy.

COMMUNITY CENTER. A non-commercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the non-commercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses.

COMPREHENSIVE PLAN. The document entitled the Borough Comprehensive Plan, or any part thereof, adopted by the Borough Council, as amended.

CONDITIONAL USE. A use which is allowed or denied by the Borough Council within the provisions of § 155.027 of this chapter, after review by the Planning Commission.

CONDOMINIUM. A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under either the state’s Unit Property Act of 1963 or the state’s Uniform Condominium Act of 1980, as amended.

CONSTRUCTION. Includes the placing of construction materials in permanent position and fastening in a temporary or permanent position and/or the demolition of a pre-existing building.

CONVENIENCE STORE. A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 5,000 square feet. This use may also include the accessory sale of gasoline; provided, the requirements for an “auto service station” are also met.

CONVERSION. To change or adapt land or structures to a different use.

COUNTY. The County of Northampton, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION. The Joint Planning Commission, Lehigh-Northampton Counties.

CRIMINAL TREATMENT CENTER. A type of institutional use, other than a prison or a permitted type of “hospital”, providing living accommodations and/or treatment facilities for persons needing such treatment because of offenses or actions that are criminal in nature. This shall include, but not be limited to, persons requiring such treatment or housing because of current, illegal use of or addiction to a controlled substance as defined by federal law. This use shall include, but not be limited to, drug rehabilitation centers, half-way houses for persons recently released from prison, holding centers for persons who would otherwise be imprisoned, facilities for the housing and treatment of persons who suffer from a mental illness that is criminal in nature and holding/treatment centers for drunk drivers.

CROP FARMING. The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of CROP FARMING shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a CROP FARMING LOT includes more than 15 acres, it may also include the keeping of up to ten additional animals as a permitted accessory use, in addition to what is permitted under the “keeping of pets” in § 155.137(D)(9).

CULTURAL CENTER. A building and/or land open to the public which contains exhibits of clearly artistic or cultural interest, such as a museum, art gallery or indoor nature study area. This shall not include uses that are primarily commercial in nature.

CURATIVE AMENDMENT. A proposed zoning amendment made to the Borough Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which they have an interest.

DAY CARE CENTER. A use involving the supervised care of children under age 16 outside of the children’s own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state required education, including a “nursery school”. See also the definition of ADULT DAY CARE CENTER. (See also the standards of §§ 155.136 and 155.137 of this chapter, which generally treat a DAY CARE CENTER serving seven or more children as a principal use, and a DAY CARE CENTER serving six or fewer children as an accessory use.)

DAYS. Calendar days.

DENSITY. The total number of dwelling units divided by the “lot area”, unless otherwise stated.

D.E.R. The Pennsylvania Department of Environmental Resources, or its successor, and its relevant subparts.

DETACHED BUILDING. A building that is surrounded on all sides by open yards and that is not attached to any other building.

DEVELOPMENT. Construction, erection or expansion of a structure or mining, dredging, filling, grading, paving, excavation or drilling operations. The term also includes any activities defined as LAND DEVELOPMENT under Chapter 154 of this code of ordinances.

DISTRIBUTION. The processing of materials so as to sort out which materials are to be transported to different locations and the loading and unloading of such materials. This term shall not include a “truck terminal”.

DISTRICT or ZONING DISTRICT. A land area within the borough within which certain uniform regulations and requirements apply under the provisions of this chapter.

DORMITORY. A principal or accessory building that includes residential areas occupied exclusively by faculty or students of an accredited college or university or state-licensed teaching hospital or accredited public or private primary or secondary school.

DRIVEWAY. A privately-owned, constructed and maintained vehicular access from a street or access drive to only one dwelling unit, commercial unit, institutional or industrial principal use. See also ACCESS DRIVE.

DUMP. Any area used for solid waste disposal that does not operate under a valid solid waste permit issued by the state’s DER and that is not a permitted junkyard under this chapter.

DWELLING. A building used as non-transient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or any group residence. A DWELLING may include a use that meets the definition of a “sectional home”. This chapter categorizes DWELLINGS into the following types.

(a) CONVERSION APARTMENT. A new dwelling unit created within an existing building.

(b) GARDEN APARTMENTS. Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of TOWNHOUSES). This shall include buildings with a maximum height of three and one-half stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.

(c) MID-RISE APARTMENTS. Three or more dwelling units within a building that is higher than 35 feet or three and one-half stories, and less than 60 feet or six stories (whichever is less).

(d) SECTIONAL HOME. A type of dwelling that meets a definition of single-family detached dwelling, single-family semi-detached dwelling, townhouse or garden apartment that is substantially, but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a “mobile/manufactured home” and that is supported structurally by its exterior walls and that rests on a permanent foundation.

(e) SINGLE-FAMILY DETACHED DWELLING.

1. A dwelling unit accommodating a single family and having open area on all sides.

2. MOBILE/MANUFACTURED HOME.

a. A type of single-family detached dwelling that meets all of the following requirements:

i. Is transportable;

ii. Is designed for permanent occupancy;

iii. Is contained in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for repeated towing;

iv. 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 with or without a permanent foundation;

v. Is not a “recreation vehicle”; and

vi. Includes a minimum of 300 square feet of interior floor space.

b. The terms “mobile home” and “manufactured home” have the same meaning. See the definition of SECTION HOME.

(f) SINGLE-FAMILY SEMI-DETACHED DWELLING. One dwelling unit accommodating one family that is attached and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as one-half of a duplex or one-half of a twin home. Each unit may or may not be on a separate lot.

(g) TOWNHOUSE. One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from each other by vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. TOWNHOUSES are also commonly referred to as ROWHOUSES or SINGLE-FAMILY ATTACHED DWELLINGS.

(h) TWO-FAMILY DETACHED DWELLING. Two dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.

DWELLING UNIT. One dwelling occupied by only one “family”. See definition of FAMILY. Each dwelling unit shall have its own sanitary, sleeping and cooking facilities and separate access to the outside, or to a common hallway or balcony that connects to outside access at ground level. A DWELLING UNIT shall have cooking facilities within a single room or two abutting rooms that open into each other. No DWELLING UNIT shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.

EMERGENCY SERVICES STATION. A building for the housing of fire, emergency medical or police equipment and for related activities. A membership club may be included if it is a permitted use in that district. This may include housing for emergency personnel while on-call.

EMPLOYEES. The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ESSENTIAL SERVICES. Uses that are necessary for the preservation of the public health and safety, and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 155.137 of this chapter. ESSENTIAL SERVICES shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

EXERCISE CLUB. A facility that offers indoor or outdoor recreational facilities, such as the following: weight rooms; exercise equipment; non-household pool; racquetball courts; and training for these activities.

FAMILY. One or more persons living in a single dwelling unit and functioning as a common household unit. A FAMILY shall not include more than five persons who are not related to each other by blood, official foster relationship, marriage or adoption. The term FAMILY may specifically include a maximum of five unrelated persons living within a “group home” (including the highest number of staff present during any one shift); except that, the provisions for groups homes in § 155.136 of this chapter may allow a greater number of unrelated persons in certain circumstances. A “criminal treatment center” shall not be considered a FAMILY or a “group home”.

FENCE. A human-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier and that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Human-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a “wall”. The term “wall” does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms FENCE and “wall” do not include hedges, trees or shrubs.

FINANCIAL INSTITUTION. An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.

FLOODPLAIN (100-YEAR). See definitions in Chapter 152 of this code of ordinances.

FLOOR AREA, HABITABLE. The horizontal floor area within an enclosed building that:

(a) Is heated;

(b) Is intended to be used by humans; and

FORESTRY, COMMERCIAL. See COMMERCIAL FORESTRY.

FRATERNITY. A type of “boarding house”.

GARAGE, PRIVATE OR HOUSEHOLD. An enclosed building for the storage of one or more motor vehicles. No business, occupation or service shall be conducted in a private garage that is accessory to a dwelling, except as may be allowed as a home occupation.

GARAGE SALE. The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 155.137 of this chapter.

GLARE. A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.

GROUP HOME.

(a) The use of a permitted dwelling unit in such a way that it meets all of the following criteria:

1. Involves the care of less than 15 persons, or a lower maximum number of persons provided by § 155.136 of this chapter;

2. Involves the care of persons who need non-routine support services and oversight in order to reasonably function, because of physical illness or infirmity, old age, physical disability, mental illness, mental retardation or emotional disability or other “handicap” as defined by the relevant federal law or regulation, but not including any use that meets the definition in this section of a “criminal treatment center”. (Note: as of 1990, the Federal Fair Housing Act defined “handicap” with respect to a person” as follows: “(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in section 802 of Title 21.”);

3. Involves persons living together and functioning as a common household;

4. Meets all of the standards in § 155.136 of this chapter;

5. Does not involve the housing of persons who constitute a direct threat to the physical safety of others, including, but not limited to, persons prone to physical violence against others.

(b) Either of the following shall not by itself cause the regulations of § 155.136 of this chapter to apply other than what applies to a “family”:

1. The care of one or two persons in a group home type of setting; and

2. The care of persons who are related to each other or to a resident caregiver by blood, marriage, adoption or formal foster relationship.

HAZARDOUS WASTE. Those wastes where significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated or disposed of in a manner customarily accepted for ordinary solid wastes. This also includes wastes subject to special state or federal licensing or regulation, including, but not limited to, the state’s Solid Waste Management Act.

HEIGHT. The vertical distance measured from the average elevation of the average proposed surrounding ground level to the highest point of a structure. See exemptions for certain types of structures in § 155.151 of this chapter.

HELIPORT. An area used for the take-off and landing of helicopters, together with any related support facilities such as for maintenance, refueling and storage. This chapter is not intended to regulate the non-routine emergency landing and take-off of aircraft to pick-up seriously injured or ill persons.

(a) PUBLIC HELIPORT. A heliport that does not meet the definition of a “private heliport”.

(b) PRIVATE HELIPORT. A heliport limited to a maximum total of 15 flights or take-offs in any seven-day period and that is not available for use by the general public. This is also known as a HELISTOP.

HOME OCCUPATION. An accessory use conducted or administered primarily by one or more permanent residents of a dwelling within that dwelling or its accessory building, and that is clearly incidental and secondary to the principal residential use, and that does not meet the definition and standards for a “home office”. See § 155.137 of this chapter.

HOME OFFICE.

(a) The routine, accessory and customary use of a portion of a dwelling for conduct of administrative work, clerical work, sales over the phone or the receiving of mail that:

1. Is conducted solely by permanent residents of the dwelling; and

2. Does not involve retail or wholesale sales on the premises (other than over the phone and through the mail), nor any industrial use.

(b) See § 155.137 of this chapter.

HOSPITAL. A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve stays overnight shall be considered a “medical office or clinic”. A HOSPITAL may involve care and rehabilitation for medical, dental or mental health, but shall not include housing of the criminally insane and shall not primarily involve the housing or treatment of persons actively serving an official sentence after being convicted of a felony. A HOSPITAL may also involve medical research and training for health care professions.

HOTEL or MOTEL. A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a “boarding house” and shall meet the requirements of that use. See also “bed and breakfast” use.

IMPERVIOUS COVERAGE. The total area of all “impervious surfaces” on a lot (including building coverage) divided by the total lot area.

(a) Areas being voluntarily dedicated as common open space may be included in the acreage for determining IMPERVIOUS COVERAGE of an adjoining lot.

(b) The NON-IMPERVIOUS COVERAGE may be partially or wholly met by land that abuts the use, even if such land is in a different zoning district, an adjoining municipality and/or an abutting lot, if such land will be deed restricted as permanent open space and be so clearly stated on official recorded plans. In such case, such land shall be properly maintained by the abutting use.

IMPERVIOUS SURFACE. Area covered by roofs, concrete, asphalt or other human-made cover which has a coefficient of runoff of 0.8 or greater. Any dispute over whether an area is IMPERVIOUS shall be decided by the Borough Engineer. Areas of land paved for the sole purpose of non-commercial tennis courts, bicycle trails or basketball courts or closely similar active outdoor recreation may be deleted from impervious surfaces, unless they would also be used for non-recreational uses (such as parking).

INDUSTRIAL DISTRICTS. Includes the LI District.

INDUSTRIAL USE. Includes manufacturing, distribution, warehousing and other operations of an industrial and not primarily of a commercial, institutional or residential nature.

JUNK.

(a) Any discarded, scrap or abandoned human-made or human-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicles, aircraft, glass, plastics, industrial waste, machinery, equipment, containers, structures, used building materials and building materials left on a site after completion of the portion of construction to which those building materials relate.

(b) JUNK shall not include:

1. Solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations;

2. Toxic wastes;

3. Grass clippings, leaves or tree limbs; or

4. Items clearly awaiting imminent recycling at an approved recycling use.

JUNK VEHICLE. Includes any vehicle or trailer that meets any of the following conditions:

(a) Does not display a license plate with a current registration sticker;

(b) Does not have a valid state safety inspection sticker, or valid temporary failed sticker, where that would be required for it to travel on a public street;

(c) Cannot be immediately moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;

(d) Cannot be immediately towed, in regards to a vehicle designed to be towed;

(e) Has been demolished beyond repair;

(f) Has been separate from its axles, engine, body or chassis; and/or

(g) Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.

JUNKYARD.

(a) Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:

1. Junk;

2. A greater number of junk vehicles than is permitted under § 155.198 of this chapter that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station; and

3. One or more mobile/manufactured homes that are not in a habitable condition.

(b) Junk stored within a completely enclosed building shall be considered a warehouse and shall meet the requirements of that use.

KENNEL. The keeping of a greater number of dogs or cats on a lot or within a dwelling unit beyond that number permitted under the “keeping of pets” or the “crop farming” provisions of § 155.137 of this chapter. A non-profit animal shelter is a type of KENNEL.

LANDOWNER. The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a leasee (if authorized under the lease to exercise the right of the landowner), or authorized officers of a partnership or corporation that is a LANDOWNER or other person having a proprietary interest in land. A person who has clearly received formal notarized powers of attorney relating to a LANDOWNER may act in the capacity of the LANDOWNER, if legally authorized.

LEAF COMPOSTING. The collection and processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product.

LIGHTING, DIFFUSED. Illumination that passes from the source through a translucent cover or shade.

LINE, STREET. The street right-of-way line. This shall be the future street right-of-way line, if one is required to be established.

LOT. A separate parcel of land that is recorded or that will be recorded after borough final subdivision approval in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public street shall be considered to be one tract, but two LOTS.

LOT, CORNER. A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a CORNER LOT if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135 degrees.

LOT, INTERIOR. A lot other than a corner lot.

LOT, REVERSE FRONTAGE. A lot that abuts two approximately parallel streets, but only has access onto one street.

LOT, THROUGH. A lot that abuts two approximately parallel streets.

LOT, FLAG OR KEYHOLE. An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel. See § 155.150 of this chapter.

LOT AREA. The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). LOT AREA shall not include the following:

(a) Areas within existing street rights-of-way;

(b) Areas that are currently or will be dedicated as common open space; or

(c) For residential lots only, areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher capacity.

LOT DEPTH. The average horizontal distance between the front and the rear lot lines, measured through the approximate center of the lot.

LOT LINES. The property lines bounding the lot. Wherever a property line borders a public street, the LOT LINE shall be considered to be the existing street right-of-way.

(a) FRONT LOT LINE (STREET LINE). A lot line separating the lot from the future street right-of-way.

(b) REAR LOT LINE. A lot line opposite and most distant from the front lot line. (A three- sided lot has no REAR LOT LINE.)

(c) SIDE LOT LINE. Any lot line other than a front or rear lot line. A SIDE STREET LOT LINE is a side lot line separating a lot from a street.

LOT WIDTH. The horizontal distance between the side lot lines measured at the minimum front yard building setback line, unless otherwise stated.

MANUFACTURE. The making, with substantial use of machinery, of some product for sale and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility or truck terminal.

MASSAGE. The performance of manipulative exercises using the hands and/or a mechanical device on a person(s) by another person(s) that is related to certain monetary compensation.

MASSAGE PARLOR. An establishment that meets all of the following criteria:

(a) “Massages” are conducted;

(b) The person conducting the massage is not licensed as a health care professional or licensed massage therapist by the state;

(d) The use is not clearly a customary and incidental accessory use to a permitted exercise club or a high school or college athletic program.

MEDICAL OFFICE OR CLINIC. A use involving the treatment and examination of patients by state-licensed physicians or dentists; provided that, no patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

MEMBERSHIP CLUB. An area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public. This use shall not include a target range for outdoor shooting, boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that district and the requirements of that use are met.

MINERAL EXTRACTION. The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. MINERAL EXTRACTION includes, but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not, by itself, be considered to be MINERAL EXTRACTION.

MOBILE/MANUFACTURED HOME. See under DWELLING TYPES.

MOBILE/MANUFACTURED HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile/manufactured homes for non-transient residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a MOBILE HOME PARK.

MOTEL. See HOTEL.

MUNICIPALITIES PLANNING CODE. The state’s Municipalities Planning Code, Act 248 of 1968, as amended.

NON-CONFORMING LOT. A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board.

NON-CONFORMING STRUCTURE. A structure or part of a structure manifestly not designed to comply with the applicable lot area, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or amendment. Such NON- CONFORMING STRUCTURES include, but are not limited to, signs.

NON-CONFORMING USE. A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.

NURSING HOME. A facility licensed by the state for the housing and intermediate or fully-skilled nursing care of three or more persons.

OFFICE. A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall not include retail, nor industrial uses, but may include business offices, medical or dental offices, clinics or laboratories, photographic studios and/or television or radio broadcasting studios.

OFFICIAL MAP. Any official map that may be adopted or amended by the Borough Council in accordance with the Municipalities Planning Code.

OFFICIAL STREET CLASSIFICATION PLAN. The map as adopted by the Borough Council classifying the streets of the borough. See definition of STREET CLASSIFICATION. This map may be amended by resolution of the Borough Council.

OFFICIAL ZONING MAP. The map as adopted by the Borough Council which designates the location and boundaries of zoning districts.

OPEN SPACE, COMMON. A parcel or parcels of land, or an area of water, or a combination of land and water within a tract which is:

(a) Designed, intended and suitable for active or passive recreation by residents of a development or the general public;

(b) Which is covered by a system for perpetual maintenance;

(d) Which does not include any of the following: existing or future street rights-of-way, accessways, buildings (other than accessory buildings and pools clearly intended for non-commercial recreation), off-street parking (other than that clearly intended for non-commercial recreation), any area needed to meet a requirement for an individual lot, any area deeded over to an individual property owner for their own use, land with rights-of-way intended eventually for overhead electrical transmission of 35 kilovolts or greater capacity.

ORDINANCE. The Tatamy Borough Zoning Ordinance, including the Official Zoning Map and Official Street Classification Map, as amended. Also referred to herein as THIS CHAPTER.

PA. Pennsylvania.

PARKING. Off-street parking, unless otherwise stated.

PAVED AREA. All areas covered by gravel and/or impervious surfaces, other than buildings and concrete public sidewalks.

PENNDOT. The Pennsylvania Department of Transportation, or its successor, and its subparts.

PERMIT. A document issued by the proper borough authority authorizing the applicant to undertake certain activities.

(a) CONSTRUCTION PERMIT. A permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the borough staff, in accordance with the provisions of any Building Code which may be adopted by the borough.

(b) ZONING PERMIT. A permit issued indicating that a proposed use, building or structure is, to the best knowledge of the borough staff, in accordance with this chapter and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this chapter, a ZONING PERMIT or A PERMIT UNDER THIS CHAPTER shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.

PERMITTED BY RIGHT USE. Uses that do not have to be approved as uses by the Zoning Hearing Board or the Borough Council. (A site plan review by the Planning Commission and the Borough Council is required for certain PERMITTED BY RIGHT USES to ensure that the use would comply with all borough ordinances.) A non-conforming use shall not be considered to be a PERMITTED USE.

PERSONAL CARE CENTER. A residential use providing residential and support services primarily to persons over age 60 and/or the disabled and that is licensed as a PERSONAL CARE CENTER by the commonwealth.

PERSONAL SERVICE. An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. PERSONAL SERVICES include barber and beauty shops, shoe repair shops, household appliance repair shops and other similar establishments, but shall not include a massage parlor.

PICNIC GROVE. An area of open space and pavilions that is not publicly owned and which is rented for picnics and outdoor recreation.

PLACES OF WORSHIP. Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for non- profit and non-commercial purposes. If such use is primarily residential in nature, it shall be regulated under the appropriate “dwelling type”.

PLANNING COMMISSION. The Planning Commission of the Borough of Tatamy.

PLANT NURSERY. The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for lumber. A PLANT NURSERY may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.

PRINCIPAL BUILDING. The building in which the principal use of a lot is conducted. Any building that is physically attached to a PRINCIPAL BUILDING shall be considered part of that PRINCIPAL BUILDING.

PRINCIPAL USE. The dominant use(s) or single main use on a lot, as opposed to an accessory use.

PROPERTY LINE. Has the same meaning as LOT LINE.

PUBLIC NOTICE. Notice required by the state’s Planning Code.

PUBLICLY-OWNED RECREATION. Land and/or facilities that are owned by a government agency or the borough and are available for use by the general public for leisure and recreation.

RECREATION, PRIVATE OR COMMERCIAL. Leisure-time activities that are only open to members, guests or some specific groups and/or that are principally operated for commercial purposes.

RECREATIONAL VEHICLE. A vehicle which is designed primarily to transport a person for primarily recreational instead of transportation purposes, or a vehicle that serves as a mobile, temporary dwelling. This may include a vehicle that is self-propelled, towed or carried by another vehicle, but shall not include camper cabs that fit over pickup trucks. This term shall also include the following: watercraft with a hull longer than 14 feet; motor homes; travel trailers; all terrain vehicles; and snowmobiles.

RECREATIONAL VEHICLE STORAGE AREA. An outdoor area used for the storage of three or more recreational vehicles. Retail sales or major repair work shall only be allowed if those uses are permitted in that district.

RECYCLING CENTER, BULK. See BULK RECYCLING CENTER.

RECYCLING COLLECTION CENTER. A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all districts, without additional regulations. A RECYCLING COLLECTION CENTER is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a borough-owned use, an emergency services station or a college or university.

RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE. A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (private); carport; tennis court; garage sale; basketball backboard; storage of a recreational vehicle; private swimming pool; nursery school/day care center (as an accessory use); volleyball court; home office; gazebo; storage shed; greenhouse; children’s playhouse; and children’s play equipment.

RESIDENTIAL DISTRICT. The R-1, R-2 and R-3 Zoning Districts.

RESIDENTIAL LOT LINES. The lot line of a lot containing an existing dwelling or the lot line of undeveloped land zoned as a residential district.

RESTAURANT, FAST FOOD.

(a) An establishment that sells ready-to-consume food or drink, that routinely involves the consumption of at least a portion of such food on the premises and that does not meet the definition of a “standard restaurant”.

(b) A FAST-FOOD RESTAURANT may include the accessory sale of alcoholic beverages; however, if such sale is a primary or substantial portion of the total trade, the requirements of a “tavern” must be met.

(c) If a primary or substantial portion of the total trade is in admission charges for entertainment and the use has a capacity of more than 300 persons for such entertainment, the requirements for an “auditorium” shall be met.

RESTAURANT, STANDARD.

(a) An establishment that serves ready-to-consume food or drink for compensation in which the majority of the customers order their food while seated inside a building from a waiter or waitress and then the food is delivered to their table and consumed at the table.

(b) A STANDARD RESTAURANT may include the accessory sale of alcoholic beverages; however, if such sale is a primary or substantial portion of the total trade, the requirements of a “tavern” must be met.

RETAIL STORE. A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats; adult movie theater; adult bookstore; manufacturing; tavern; car wash; auto service station; auto repair garage; convenience store; or restaurant.

RETIREMENT VILLAGE. A residential development limited exclusively to persons aged 55 years and older and their spouses.

RIGHT-OF-WAY. Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, RIGHT-OF-WAY shall mean the existing street right-of-way line.

RIGHT-OF-WAY, EXISTING OR LEGAL. The line separating a lot from the established official street right-of-way that will be owned by the borough or the commonwealth after the completion of any proposed subdivision, land development or development of a use under this chapter.

RIGHT-OF-WAY, FUTURE. Land that is dedicated or is required to be defined or reserved for future dedication for use as a street and for related public improvements. The terms ULTIMATE RIGHT-OF-WAY, RIGHT-OF-WAY RESERVED FOR FUTURE DEDICATION and FUTURE RIGHT-OF-WAY shall have the same meaning. See § 155.154 of this chapter. If a FUTURE RIGHT-OF-WAY is not required to be defined, then FUTURE RIGHT-OF-WAY shall have the same meaning as existing right-of-way.

SANITARY LANDFILL. A type of solid waste disposal area involving the depositing of solid waste on land, compacting the waste, covering the waste with soil and then compacting the soil, and which has a permit to operate as a sanitary landfill from the state.

SATELLITE ANTENNA. A ground-based reflector, usually parabolic in shape, intended to receive electronic signals from a satellite. This shall also include any pedestal or attached structure.

SCHOOL, PUBLIC OR PRIVATE PRIMARY or SECONDARY SCHOOL. An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or state-funded educational programs.

SCREENING. A year-round vegetative material of substantial height and density designed to buffer two uses from each other. See requirements in § 155.152(D) of this chapter.

SELF-STORAGE DEVELOPMENT. A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

SEPTAGE. Materials pumped from a residential on-lot septic treatment system that was installed and is maintained in compliance with DER regulations.

SETBACK LINE.

(a) The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the front lot line.

(b) Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 155.152(B) of this chapter.

(d) For a building setback measured from a private street, the SETBACK shall be measured from the right-of-way of such a street, if a right-of-way exists. If a private street does not have a right-of-way, the SETBACK shall be measured from the edge of the cartway.

SEWAGE DISPOSAL SYSTEM. A system to collect, treat and dispose of sewage. No such system shall be permitted that does not comply with local, state and federal requirements.

(a) PUBLIC SEWER SERVICE. Service at the time of occupancy of a use by a central sewage treatment plant that is owned by a governmental agency or municipal authority.

(b) ON-LOT OR NON-PUBLIC SEWER SERVICE. Any form of sewage service permitted under local, state and federal law that does not meet the definition of “public sewer service”.

SEWAGE SLUDGE or SLUDGE. The treated, conditioned digested accumulated settled solids deposited as a result of sewage treatment processes that occur within the requirements of a state or federal environmental pollution or on-lot septic system permit. This shall only include substances adequately stabilized so that they are suitable for land application.

SHOPPING CENTER. A use combining four or more retail or personal service uses. Such a use may also include offices.

SIGHT DISTANCE. An area required to be kept free of visual obstruction. See § 155.152 of this chapter.

SIGN. Any device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of SIGNS in §§ 155.212 and 155.220 of this chapter. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.

SIGN AREA. See § 155.220 of this chapter.

SIGN, OFF-PREMISES. A sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered or located at a location other than the lot upon which the sign is located. See also BILLBOARD.

SITE PLAN REVIEW. Review of a site plan by the Planning Commission and/or the Borough Council that is required for certain uses under § 155.030 of this chapter.

SLAUGHTER HOUSE. A use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a SLAUGHTER HOUSE. This shall not include a custom “butcher shop” that does not involve killing of animals (which is a retail sales use).

SLOPE. The vertical change of an area of land divided by the horizontal change, measured in percent.

SLUDGE OR SEPTAGE APPLICATION. The application of sewage sludge and/or septage to land for its plant nutrient value or as a soil conditioner.

SOLICITOR. Unless otherwise stated, shall mean the appointed Solicitor to the Borough Council.

SOLID WASTE.

(a) Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, institutional, public, household, commercial or mining activities;

(b) For the purposes of this chapter, the following materials shall not be considered to be SOLID WASTE:

1. Portions of trees or shrubs, leaves, mulch and rocks;

2. Substances legally disposed of into the air or water through a federal or state pollution discharge permit;

3. Customary residual wastes from a permitted mineral extraction use; or

4. Materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream for recycling.

SOLID WASTE DISPOSAL FACILITY.

(a) Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill; solid waste transfer facility; or solid waste-to-energy facility.

(b) The following uses for the purposes of this chapter shall not be considered to be a SOLID WASTE DISPOSAL FACILITY: junkyard; recycling collection center; leaf composting; clean fill; or septage or sludge application.

SOLID WASTE-TO-ENERGY FACILITY. A type of “solid waste disposal facility” that utilizes waste (such as trash, sludge or any other non-hazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs. Also see the definitions of each of these terms in Title 25 of the state’s DER regulations.

SOLID WASTE TRANSFER FACILITY. A type of “solid waste disposal facility” which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste. Also see the definitions of each of these terms in Title 25 of the state’s DER regulations.

SPECIAL EXCEPTION. A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter; provided, the use complies with the conditions and standards required by this chapter. See § 155.028 of this chapter.

SPECIFIED SEXUAL ACTIVITIES. One or more of the following:

(a) Human male genitals in an obvious state of sexual stimulation;

(b) Acts of human masturbation, sexual intercourse, oral sex or sodomy; and/or

STABLE, NON-HOUSEHOLD. Any housing of more than two horses. This may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the “keeping of pets”. (See § 155.137 of this chapter.)

STATE. The Commonwealth of Pennsylvania and its agencies.

STATE PLANNING CODE. The Pennsylvania State Municipalities Planning Code, Act 247 of 1968, as amended.

STORY and HALF-STORY. A level of a building accessible to humans having an average vertical clearance six feet or greater shall be considered a FULL STORY, except as provided for in the definition of “basement”. Any level of a building having an average vertical clearance of less than six feet shall be considered a HALF-STORY.

STREET. A public or private thoroughfare which affords principal means of access to abutting properties or that is an expressway, but not including an alley or a driveway. The terms STREET, HIGHWAY and ROAD have the same meaning and are used interchangeably.

STREET CENTERLINE. The center of the existing street right-of-way or, where such cannot be determined, the center of the traveled cartway.

STREET CLASSIFICATION. The functional classification of streets into the following types, as shown on the Official Street Classification Map in § 155.067 of this chapter for existing streets and as determined by the Borough Engineer for future streets.

(a) ARTERIAL. A street whose function is to provide for the movement of high volumes of through-traffic and direct access to abutting properties; subject to necessary control of entrances, exits and curb use.

(b) COLLECTOR. A street which provides for the movement of moderate volumes of traffic between arterials and local roads and direct access to abutting property.

(d) LOCAL. A street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.

STREET, PROPOSED. A street which is planned or approved, but not yet open to traffic.

STRUCTURE. Any human-made object having an ascertainable stationary location on, below or in land or water, whether or not affixed to the land, subject to the following specific standards:

(a) The following specifically shall be considered to be STRUCTURES: buildings; signs; stadiums; platforms; communications towers; walkways, porches or decks that are covered by a permanent structure; swimming pools (whether above or below ground); storage sheds; carports; and garages; and

(b) Any STRUCTURE shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.

SUBDIVISION. See the definition in Chapter 154 of this code of ordinances.

SUBDIVISION ORDINANCE. The Tatamy Borough Subdivision and Land Development Ordinance, as amended. See Chapter 154 of this code of ordinances.

SWIMMING POOL, HOUSEHOLD OR PRIVATE. A human-made area with walls of human- made materials intended to enclose water at least 18 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.

SWIMMING POOL, NON-HOUSEHOLD.

(a) A human-made area with walls of human-made materials intended to enclose water at least 18 inches deep for bathing or swimming and that does not meet the definition of a “household” swimming pool. This includes:

1. A “semi-public” pool that serves only residents of a development or members of a club and their occasional guests; or

2. A “public” pool intended to serve the general public.

(b) See also the provisions for “recreational facilities” limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 155.070 of this chapter.

TAVERN. A place where alcoholic beverages are served as a primary or substantial portion of the total trade. The sale of food may also occur. See also the definitions of RESTAURANTS and AUDITORIUMS.

THEATER. A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

THEATER, OUTDOOR DRIVE-IN. An outdoor area devoted primarily to the showing of motion pictures or theatrical productions to patrons seated in motor vehicles or outdoors.

TIRE STORAGE, BULK. The storage of more than 250 tires on a lot, except for manufacture or wholesale or retail sales of new tires.

TOWNHOUSE. See DWELLING TYPES.

TRACT. In certain districts, the tract is the minimum amount of adjacent land area (which may be separated by alleys, streets or waterways) within the borough that is required to be approved as part of an overall preliminary subdivision or land development plan in order to allow certain types of uses or to allow the creation of lots smaller than a certain specified lot area. An area of land shall meet the following requirements in order to be considered a TRACT:

(a) Shall only include lands within an approved preliminary plan that includes a well-defined internal circulation system, maximum coordination between lots and carefully limited points of vehicular access onto streets exterior to the tract; and

(b) Shall only include lands that at the time of the approval of the preliminary plan have one “landowner” (as defined hereby), unless the applicant proves to the satisfaction of the Zoning Officer that there is a legally binding commitment between two or more “landowners” to coordinate the access and development of the tract as shown in the approved preliminary plan.

TRADE SCHOOL. A facility that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 16. This shall include a dancing school, martial arts school or ceramics school.

TRUCK TERMINAL. A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from and reloaded onto tractor-trailer trucks.

(a) A use that primarily involves loading materials from tractor-trailers onto smaller trucks or smaller trucks onto tractor-trailers shall be considered a “distribution” use.

(b) A TRUCK TERMINAL may include the following as clearly accessory uses if they are closely related to the principal use: repair, washing, refueling and maintenance facilities for trucks using the terminal; administrative uses for the terminal; and rest facilities for drivers of trucks using the terminal.

USE. The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. USES specifically include, but are not limited to, the following: activity within a building, activity outside of a building, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.

VARIANCE. The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any VARIANCE shall be only be granted within the limitations of the state’s Municipalities Planning Code.

VETERINARIAN OFFICE. A building routinely used for the treatment of animals and related housing or boarding of sick animals. Treatment of “small animals” includes only small domestic animals, including, but not limited to, dogs, cats, rabbits, birds or fowl. Treatment of “large animals” includes all types of animals including horses, cows and pigs. The housing primarily of healthy animals shall be considered a “kennel” and shall meet the requirements of that use.

WALL. See FENCE.

WAREHOUSE. A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.

WATER SYSTEM. A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the borough.

(a) ON-LOT OR NON-PUBLIC WATER SERVICE. Service by a water system that does not meet the definition of a “public water service”. In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.

(b) PUBLIC WATER SERVICE. Service by a central water system that is owned and operated by a municipal authority or a water company with a service area defined by the state’s Public Utility Commission which transmits water from a common source to more than 50 dwellings or principal uses.

WETLANDS. An area of land and/or water meeting one or more definitions of a WETLAND under federal and/or state law and/or regulations. (Note: as of 1990, the following was the official U.S. Army Corps of Engineers definition of WETLANDS: “Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.” WETLANDS are technically defined on the basis of types of vegetation and soils and the level of the water table below the surface. As of 1990, the regulations are enforced by the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the state’s Department of Environmental Resources.)

WHOLESALE. Sales that primarily involve transactions with other businesses and their agents and not to the general public.

WILDLIFE SANCTUARY. A non-commercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

YARD. An area not covered by buildings and that is on the same lot as the subject structure or use. Regulations of specific districts prohibit principal and accessory structures within specified required minimum yards.

YARD, FRONT. A yard between the front lot line (which usually is the future street right-of-way line) and the closest portion of the subject structure or use and that extends the full width of the lot and from side lot line to side lot line.

(a) The FRONT YARD shall be on a side that faces towards a public street, whenever one public street abuts the lot.

(b) When a lot abuts onto two or more public streets, the applicant may choose which is the FRONT YARD, unless the Zoning Officer determines that the FRONT YARD should follow the clearly predominant front yard orientation of the development of abutting lots.

YARD, REAR. A yard extending the full-width of the lot and situated between the rear line and the closest portion of the subject building, and stretching between the side lot lines parallel to the rear lot line. A principal building shall not extend into the required REAR YARD for a principal building and an accessory structure shall not extend into the required REAR YARD for an accessory structure, except as provided in this chapter.

YARD, SIDE. A yard situated between the closest portion of the subject building and the entire length of the side lot line, and extending from the front lot line to the rear lot line. A structure shall not extend into the applicable minimum SIDE YARD, except as provided for in this chapter.

ZONING MAP. The Official Zoning Map of Tatamy Borough, Northampton County, Pennsylvania.

ZONING OFFICER. The administrative officer charged with the duty of enforcing the provisions of this chapter, or his or her officially designated assistant(s).

ZONING ORDINANCE. The Tatamy Borough Zoning Ordinance, as amended.

(Ord. passed 2-4-1991, § 202; Ord. 157-1993, passed 4-5-1993)