Telford City Zoning Code
PART 2
Definitions
§ 27-201. Interpretations.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter to have the meanings indicated in this Part. The present tense includes the future; the singular number includes the plural, and the plural the singular; the word “building” includes the word “structure” and shall be construed as if followed by the words “or part thereof”; the word “occupy” includes the words “designed or intended to be occupied”; the word “use” includes the words “arranged, designed or intended to be used” and the word “shall” is always intended to be mandatory when capable of such interpretation. Words not defined in this Part shall have the meanings given in the Webster’s Unabridged Dictionary.
Accessory building or structure–a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
Accessory use–a use subordinate to the principle use of the land or a building or other structure on a lot and customarily incidental thereto.
Addition–an extension or increase in floor area or height of a building or structure.
Adult use–any business, club or other similar operation which permits patrons, clients, visitors or members to hear, view, read, lease, purchase, trade or exchange, and/or participate in activities, publications, movies, video tapes, and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of portions of the human or animal anatomy which are not normally seen in public or in commercial or other club-type operations, including the genital areas, buttocks and female breasts, and which operations may or may not exclude minors by virtue of age. Included in the term “adult use” are book stores, movie theaters, restaurants, bars, massage parlors and any other operation which qualifies for inclusion by virtue of the definition above, regardless of the type of other uses or operations which may also be conducted on or in the property or properties involved.
Alteration–an incidental change, rearrangement, replacement or enlargement in the structural parts of a building or structure or in the means of egress, by extending on a side or by increasing in height or the moving from one location or position to another. This shall not add additional square footage or affect the location of the structure or building.
Animal hospital–a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.
Antenna–an apparatus, external to or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves.
Applicant–a person who has filed an application to the Borough for approval of subdivision and/or land development plans, including his/her heirs, successors, agents and assigns. The term also includes landowner, developer, builder and/or other persons responsible for the plans and construction of buildings or other improvements on any parcel of land.
Auditorium–a building containing a stage and seating for meetings and/or performances, also referred to as a theater.
Basement–a space having one-half or more of its floor to ceiling height above the average level of the adjoining ground and with a floor to ceiling height of not less than 6½ feet. A space which does not meet the above criteria is a cellar.
Board–any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications.
Buffer–an area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, “buffer” may be included as part of the required setbacks and yard areas.
Building–any structure having enclosing walls and roof, permanently located on the land.
Building area–the aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimension, excluding cornices, eaves, gutters, or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than 5 feet, one-story open porches projecting not more than 10 feet, porte-cochere or carport open on three sides, and not more than 14 feet high and 20 feet in length, steps and balconies.
Building coverage–the ratio obtained by dividing the maximum horizontal cross-section of all principal and accessory buildings on a lot (including balconies and decks, covered porches, carports and breezeways, but excluding patios) by the net buildable site area of the lot upon which the buildings are located. Building coverage is expressed as a percent.
Building envelope–the area of a lot within which a principal building may be erected. This area is defined by the limits of the minimum front, side and rear yard areas, and encompasses the area of the lot not found in the yard areas and rights- of-way.
Building Inspector–the person officially appointed by the Borough Council to administer and enforce the Borough Building Code [Chapter 5, Part 1].
Building line–the line which establishes the minimum depth of front yard for the particular district as measured from the street line.
Building, principal–a building in which is conducted the principal use of the lot on which it is situated.
Building spacing–the minimum distance between two buildings. The building space shall be measured from the outermost wall or projections, excluding ornamental features, cornices and gutters, provided these exceptions do not encroach more than 2 feet.
Cartway–the portion of a street or highway right of way designed for vehicular traffic, typically paved.
Cellar–the portion of a building which is partly or completely below grade, and having more than one-half of its height below grade (see “basement”).
Child–a person under 16 years of age.
Comprehensive Plan–maps, charts, descriptive matter officially adopted by a Planning Commission or Borough Council showing among other things recommendations for the most appropriate use of land; for the most desirable density of population; for a system of thoroughfares, parkways and streets; for parks and recreation areas; for the general location and extent of facilities for water, sewer, light, and power; for the general location, character and extent of community facilities.
Condominium–real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, 1
or the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. §3101
et seq
.
Contiguous–sharing a boundary. For the purposes of this Chapter, properties on opposite sides of a public right-of-way shall not be considered contiguous.
Corner lot–a lot having contiguous frontage on two or more intersecting roads.
Decision–final adjudication of any board or other body granted jurisdiction under any land use ordinance or this Chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the County and Judicial District wherein the Borough lies.
Density–a measure of the number of dwelling units per acre calculated by dividing the total number of dwelling units on a lot by the net buildable site area.
Determination–final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(1) The Borough Council.
(2) The Zoning Hearing Board.
(3) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the Subdivision and Land Development [Chapter 22] or Planned Residential Development Ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Driveway–a private cartway providing vehicular access between a public street and a lot, property or development.
Dwelling/dwelling unit–one or more rooms, designed, occupied or intended to be occupied, whether permanently or seasonally, as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
Easement–a vested or acquired right to use land other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.
Elevation–(1) a vertical distance above or below a fixed reference level; (2) a flat scale drawing of the front, rear or side of a building.
Emergency services–fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
Employee–a person who is employed or is engaged in gainful activity. This term is utilized in parking standards of this Chapter as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, at a place of business, whether the employees are full or part time. If shifts are involved and two shifts overlap, it refers to the total of both shifts.
Family–any number of individuals living together on a non transient basis as a single housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children; no more than five unrelated individuals living together as a single housekeeping unit and doing their cooking on the premises, except when an application for a special exception to enable a greater number of unrelated individuals to occupy a dwelling unit is reviewed and approved by the Zoning Hearing Board, as provided herein.
Notwithstanding the definition in the preceding paragraph, a family shall also be deemed to include any number of mentally or physically handicapped persons occupying a dwelling unit as a single, nonprofit housekeeping unit if such occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the “Fair Housing Act of 1988,” 42 U.S.C.A. §3601 et seq. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.
Floor area, gross–the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls, or from the centerline of a wall separating two buildings, or any space where the floor to ceiling height is less than 6 feet.
Floor area, net–the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking and loading, and all floor area below the first or ground floor except when used or intended to be used for human habitation or service to the public. The area excluded as unusable may not exceed 15 percent.
Floor area ratio–the floor area of all buildings on a lot divided by the lot area.
Frontage–the length of the lot line abutting a street right of way.
Garage–
Garage, private–an accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner of the premises. Not more than two commercial vehicles or trucks may be stored in a private garage.
Garage, public–a building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
Garage, storage–a building private or public, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
Garage sale–the sale, barter or auction, by public display and/or advertisement by any signs, handbills, circulars or word of mouth, or any items of presently shown on the premises of the owner, with said sale being conducted on said premises on a specific date.
Greenhouse–a structure permitted for this specific use, usually made of glass or some other transparent material, used for the cultivation, storage or protection of plants.
Gross leasable area–the total floor area designed for owner or tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the center line of partitions and from outside wall faces; not including public or common areas, such as public toilets, corridors, stairwells, elevator lobbies or enclosed mall spaces.
Group home–a residential facility used as living quarters by any number of unrelated persons requiring special care, and their attendant adult supervisors, specifically designed to create a residential setting for handicapped individuals as defined by the Fair Housing Amendments Act of 1988, 42 U.S.C.A. §3601 et seq., as amended. However, “handicapped” shall not include any persons whose residency in the facility would constitute a direct threat to the health or safety of other individuals within the home or the surrounding community. The term “group home” shall not include nursing homes, work-release facilities for convicts or ex- convicts, or other housing facilities serving as an alternative to incarceration.
Height of building–a building’s vertical measurement from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof; provided, that chimneys, spires, towers, elevator penthouses, tanks and other similar projections shall not be included in calculating the height.
Heliport, commercial–a landing area for helicopters which includes facilities for fueling, repair and storage of helicopters and which is licensed by the Pennsylvania Department of Transportation (PennDOT).
Heliport, personal use–a helicopter landing area (sometimes known as a helistop) licensed by the Pennsylvania Department of Transportation (PennDOT) for the purpose of picking up or discharging passengers or cargo. No fueling, helicopter repair or storage area(s) are permitted in conjunction with the operation of a personal use heliport.
Home occupation–the accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site. The use is low-impact or no-impact, incidental and secondary to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
Impervious coverage–determined by dividing the total area of all impervious surfaces within the site by the net buildable site area.
Impervious surface–a surface that does not absorb stormwater. All buildings, hard surfaced parking areas and driveways, roads, sidewalks and any area in bituminous paving concrete and packed stone shall be considered impervious surfaces within this definition.
Improvement–the physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities and drainage facilities.
Kennel, animal–any structure or premises used for the keeping of dogs or other domesticated small animals more than 1-year old.
Lots
Junkyard–a lot, land or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
Loading space–a space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
Lot–a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or building upon as a unit.
Lot area–the total horizontal area of the lot lying within the lot lines provided that no area of land lying within any street line shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the street line only.
Lot line–a property boundary line of any lot held in single or joint ownership, except in the case of any lot abutting a street the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the street line, and shall not be the center line of the street, or any other line within the street line even though such may be the property boundary line.
Mobile home–a transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. May not meet local building codes but does meet the standards of the U.S. Department of Housing and Urban Development, as indicated by the Structural Engineering Bulletin(s) provided to the Borough Council by the applicant. Specifically excludes motor homes, travel trailers and recreational vehicles.
Mobile home lot–a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
Mobile home park–a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
Municipal authority–a body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the “Municipalities Authority Act of 1945,” 53 P.S. §301 et seq., or the Municipality Authorities Act, the Act of June 19, 2001, P.L. 287, No. 22, §1, 53 Pa.C.S.A. § 5601.
Net buildable site area–the total site area minus the future and existing road rights-of-way, future and existing utility rights-of-way, land which is not contiguous or which is separated from the parcel by a road, railroad or major stream which acts as a major barrier to common use, land shown on previous subdivision or land development plans as reserved or deed restricted for open space, future and existing easements and any site/resource restricted areas including but not limited to wetlands, steep slopes, ponds, waters of the Commonwealth, etc.
Nonconforming lot–a lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Nonconforming structure–a structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
Nonconforming use–a use, whether of land or of structure, which does not comply with the applicable use provisions in this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or amendment, or prior to the application of this Chapter or amendment to its location by reason of annexation.
Parking lots–any tract of land which is used for the storage of motor vehicles and is not accessory to any other use on the same or any other lot and contains parking space rented to or used by the general public or reserved for a group of individuals.
Parking space–a reasonably level space, available for the parking of one motor vehicle, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passageways, or other means of circulation or access.
Parking space, all-weather–a parking space surfaced to permit reasonable use under all conditions of weather; excluding gravel or stone.
Pennsylvania Municipalities Planning Code–the Municipalities Planning Code, originally enacted as Act 247 of 1968, 53 P.S. § 10101 et seq., as amended, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included. Abbreviated as “MPC” or “Act 247.”
Performance standards–measures and standards by which the suitability of a proposed use can be measured by the extent of its external effect.
Plan–a graphic representation of a proposal for subdivision and/or land development, including necessary written notes.
Plan of nonconformity–the visual representation of the extent to which a building housing a nonconforming use may be extended or expanded.
Planning Commission–the Planning Commission of Telford Borough.
Public grounds–includes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(3) Publicly owned or operated scenic and historic sites.
Public hearing–a formal meeting held pursuant to public notice by the Borough Council, Planning Commission or other Borough agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
Public meeting–a forum held pursuant to notice under the “Sunshine Act,” 65 Pa.C.S.A., Chapter 7.
Public notice–notice published once each week for 2 successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing.
Report–any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
Right-of-way–land set aside for use as a street or other means of travel or for use by a utility:
Legal right-of-way–the street right of way legally in the public domain at the time a plan is submitted.
Ultimate right-of-way–the right of way deemed necessary by Telford Borough or by other governmental agencies with jurisdiction over roads within the Borough to provide adequate width for future street improvements.
Satellite dish antenna–a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVRO’s (television reception only) and microwave antennas.
Senior population–any person or persons that are aged 65 or over. Definition can be extended to person or persons that are as young as 55.
Sign–a structure, building wall, or other outdoor surface, or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize the name and product or service of any person.
Single and separate ownership–the ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
Story–that portion of a building comprised between any floor and the floor or roof next above. The “first story” of a wall is the lowest “story” which is 75 percent or more above the average level of the ground adjacent to said wall.
Street–includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
Street line or setback–the dividing line between a lot and the outside boundary or ultimate right-of-way of a public street, road or highway legally opened or officially plotted or between a lot and a privately owned street, road, or roadway over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
Structural alteration–any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams, or girders, or any change which would convert an existing building into a different structure, or adapt it to a different use, or which in the case of a nonconforming use, would prolong the life of such use.
Structure–any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
Trailer, house–any vehicle used for living or sleeping purposes.
Trailer, temporary or travel–a cart, wagon, or van, designed to be attached to a tow vehicle, such as an automobile or truck, for hauling freight, animals, boats and other vehicles.
Use–any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure on a parcel of land.
Use, principal–the single dominant use or single main use on a lot.
Variance–relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
Walk-up window–a window opening in the facade of a commercial building and used for the sale of food and/or beverages. Such a window shall be designed for the exclusive use of pedestrians, and shall be located to provide a safe waiting area, and not to disrupt or impede pedestrian movement on a sidewalk or cartway used by the public.
Warehouse–a building or group of buildings primarily used for the commercial storage, transfer and distribution of products and materials.
Warehouse, mini–a building or group of buildings situated in a controlled access compound which are divided into individual separate access units which are rented or leased for the storage of tangible personal property.
Wholesale business–places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Yard–an open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky, except for public utility lines or facilities.
Front yard–a yard between a building and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
Rear yard–a yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
Side yard–a yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
Yard sale–the sale, barter or auction, by public display and/or advertisement by any signs, handbills, circulars or word of mouth, or any items of presently shown on the premises of the owner, with said sale being conducted on said premises on a specific date.
Zoning Hearing Board–the Zoning Hearing Board of Telford Borough.
Zoning Map–the map setting forth the boundaries of the zoning districts of the Borough, which map shall be part of this Chapter.
Zoning Officer–the administrative officer charged by the Borough Council with the duty of enforcing the provisions of this Chapter.
(Ord. 379, 7/6/2009, § 201)