Upland City Zoning Code
ARTICLE II
Definitions
§ 185-200 Interpretation of language.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated herein. Words used in the present tense include the future. The singular shall include the plural, and the plural shall include the singular. The word "building" includes the word "structure." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for." The word "person" includes an individual, corporation, partnership, incorporated association or any other similar entity. The words "includes" or "including" shall not limit the term to the specified examples but are intended to extend their meaning to all other instances of like kind and character. The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive. Terms not defined herein shall have the meanings customarily assigned to them.
§ 185-201 Definition of terms.
In this chapter, words, terms and phrases shall have the following meanings:
Where a building or land is abandoned for 12 consecutive months or more, whereby the owner discontinues the use, occupancy and maintenance, the building or structure may be declared abandoned and may be required to be removed. In the case of abandonment of a nonconforming use, the provisions of § 185-2105 shall also apply.
Any building subordinate to the main or principal building on a lot and used for purposes customarily incidental to the main or principal building. Accessory buildings will include, but not necessarily be limited to, those buildings traditionally known as garages, storage sheds, garden sheds, carports, greenhouses, and sunrooms.
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
A narrow access to the rear of a property and building that provides parking access, service areas, and utility easements.
A change or rearrangement in the structural members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress and egress, or any enlargement to or diminution of a building or structure, including the moving of a building from one location to another.
A structure containing three or more apartment units.
An apartment building containing a maximum of three stories or 40 feet in height
One or more rooms with private bath and kitchen facilities, comprising an independent, self-contained dwelling unit in a building.
A facility for the frail elderly that provides residence with rooms, meals, personal care and supervision of self-administered medications. It may provide other services such as recreational activities, financial services, and transportation.
An enclosed area located partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.
A private residence, several rooms of which are set aside for overnight guests whose paid accommodations include breakfast.
The Borough of Upland.
A strip of land intended to separate one use or district from another by providing an open, unobstructed space intended to absorb, shield, or block noise, light, view, or other impacts of the use having the greater impact; often employed between a residential district and an abutting nonresidential district having greater impacts. Buffers shall be planted with grass or other ground cover and may be part of the required yards. There shall be no structures, equipment, storage, parking, or trash disposal in buffer areas. Dimensions of buffers shall be as required by the zoning district in which they are located.
Any structure, edifice or object erected or placed upon or attached to real estate, including all integral parts thereof, and all porches, eaves, bay windows, chimneys, fire escapes, steps, cellar doors or other projecting parts thereof.
The aggregate of the maximum horizontal cross-section area of the main building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, steps, one-story open porches, bay windows not extending through more than one story and not projecting more than five feet, balconies and terraces.
A duly appointed Upland Borough official or employee certified under the Uniform Construction Code and Pennsylvania Department of Labor and Industry, other than the Zoning Officer, empowered to administer and enforce building and related codes, ordinances and regulations of the Borough.
The ratio obtained by dividing the ground-floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located.
The vertical distance measured from the average level of the ground surrounding the structure to the highest point of the roof for flat roofs and to the ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical equipment, penthouses, tanks, antennas and similar projections of the building not intended for human occupancy shall not be included in calculating the height, unless specifically stated otherwise in this chapter.
A line, parallel to the street right-of-way line, which establishes the location of the front wall of the principal building on a lot.
Written permission issued by the proper municipal authority for the construction, repair, or alteration of or addition to a structure.
A line parallel to the street right-of-way line at a distance that is equal to the depth of the front yard required for the district in which the lot is located.
A document issued by the duly authorized local authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable local codes and ordinances.
Written approval by the Pennsylvania Department of Environmental Protection, authorizing a person to operate and maintain a mobile home park.
The Upland Borough Zoning Code
A social, professional, philanthropic or similar organization characterized by the payment of dues, regular meetings and a constitution and/or bylaws. A building is used as a club or lodge when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
A parcel or parcels of land or an area of water or a combination of land and water within a land development or a subdivision designed and intended for the use or enjoyment of residents or occupants thereof and their guests, not including streets, off-street parking areas and areas set aside for public facilities. Common open space may include complementary structures and improvements that are necessary and appropriate.
A public or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
A facility used for recreational, social, educational, civic and cultural activities.
A dwelling, licensed by the appropriate state agency, shared by persons requiring special care and their supervisors, who live together as a single housekeeping unit in a family-like environment. This facility is designed to create a residential environment for the developmentally disabled, mentally ill or retarded, handicapped or similar groups unable to live without supervision. The maximum number of residents and supervisors in a facility shall not exceed five, which is the maximum number of unrelated persons permitted in a family. These facilities shall not be used to accommodate persons recovering from the effects of drugs or alcohol dependency or inmates of penal institutions.
A licensed facility designed for persons unable to live without supervision, such as the handicapped, developmentally disabled or mentally ill, and their supervisors. Unlike a family-based facility, the group-based facility shall be an institutional facility. This facility may also accommodate persons recovering from alcohol, drugs or similar addictions and provide for counseling, rehabilitation and supervision designed to mainstream residents back into society, enabling them to live independently.
The Brookhaven, Parkside and Upland Multi-Municipal Comprehensive Plan.
A retail store containing a maximum of 5,000 square feet of gross floor area and that is open 15 to 24 hours per day. It is designed to attract and depends upon a large volume of stop-and-go traffic. Examples of convenience stores are those operated by the "Wawa" and "7-11" chains.
Change in the use of a building, such as the change of a single-family dwelling into a multifamily dwelling or a retail use to office use. Such change may be accomplished without subdivision or the introduction of a new owner. Where the use and dimensional regulations of this chapter permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits.
The total volume of a structure (height multiplied by length multiplied by width), but excluding that portion of a stack or other projection that is higher than the highest point of the principal building.
A facility which is licensed to provide care for seven or more children unrelated to the operator, where the child-care areas are not being used as a family residence.
A home, other than the child's own home, operated for profit or not for profit, in which child care is provided at one time to four, five, or six children unrelated to the operator, who shall occupy the home as a primary residence. All state and other certifications and requirements must be met before operation begins.
A facility in which care is provided at one time for more than six but fewer than 16 school-age-level children or more than six but fewer than 13 children of another age who are unrelated to the operator.
Unless otherwise stipulated in this chapter, the term "density" shall mean the maximum number of dwelling units per gross acre.
The number of dwelling units per acre within the boundaries of a defined site, including streets, rights-of-way, and easements.
The number of dwelling units per acre within the boundaries of a defined site, that excludes streets, rights-of-way, easements, areas containing floodplains and steep slopes, and aboveground stormwater management facilities and infrastructure.
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development or any other development.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, utilities, dredging, filling, grading, excavation or drilling operations and the subdivision of land.
An establishment that offers goods and services for pick up and processing at a drive-through station or window where the customer remains in the car throughout the purchase. Included in this definition are financial institutions, restaurants and food stores, and pharmacies.
A private way used exclusively for circulation and ingress and egress to a street by the landowner or visitors of a lot.
See "refuse dumpster."
A building or unit designed and constructed for residential use.
A building containing single-family attached dwelling units (townhouse units) in which each townhouse unit is attached only by a party wall or walls to one or two other townhouse units. Townhouse buildings erected after the effective date of this chapter shall contain not more than six attached units.
A building designed for and occupied exclusively as a residence for only one family, with yards on all sides of the dwelling.
Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard; commonly known as a "twin."
A building designed and occupied exclusively as a residence for two families living independently from one another. Duplex structures are within this dwelling type.
One or more rooms designed, occupied or intended for occupancy 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.
A building or group of buildings that does not secure the majority of its funding from any governmental agency. Included in this term are trade schools such as beauty salons, truck driving, and others of a similar nature.
Any school that is licensed by the state and meets the state requirements for elementary education.
A school supported, controlled and operated by a religious organization.
Any building or group of buildings, the use of which meets state requirements for elementary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency.
Any school that is licensed by the state and authorized to award diplomas for secondary education.
A secondary or higher educational facility primarily teaching usable skills that prepares students for jobs in a trade and meeting the state requirements as a vocational facility.
A notice by an applicable Borough official concerning a violation of existing law.
A building or part of a building used for motion pictures or for drama, dance or other live performances.
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage or adoption, including foster children; or no more than five unrelated individuals living together as a single housekeeping unit with single kitchen facilities.
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. Gross floor area also includes, but is not limited to, the following:
The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
A garage designed to store, house or keep not more than three motor vehicles. The sale of fuel, accessories and the repair of vehicles is prohibited as a public business within such garage.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs.
Those chemicals or substances that are defined as "physical hazards" or "health hazards" in the most recently adopted version of the Uniform Construction Code.
A classification of a chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term "health hazard" includes chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, and neurotoxins, agents that are capable of acting on the hematopoietic system, and agents that damage the lungs, skin, eyes, or mucous membranes.
The height of a building shall be measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the main roof, provided that chimneys, spires, towers, elevator houses, tanks, satellite antennas and similar projections shall not be included in the height.
Any structure on the most recently adopted Upland Borough Historical Site Survey approved by the Upland Borough Historical Commission and subject to the provisions of Article VI, Historic Preservation Overlay, of this chapter.
Any lawful occupation or profession conducted in a dwelling where not more than two persons other than a member of the resident family may be employed and where the occupation may require off-street parking in addition to that for the resident family. Deliveries shall only be allowed by single-front-and-rear-axle trucks which do not exceed one ton in weight. Major home occupations shall not include barber shops, beauty shops, funeral homes or any activity involving the repair, servicing or cleaning of motor vehicles.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical facilities and staff residences.
A building or group of buildings in which a minimum of 10 guest rooms are designed, used or intended to be used or let or hired for temporary lodging accommodations to the general public on a day-to-day basis not to exceed 30 consecutive calendar days. Entrance shall be through a main lobby or foyer, and cooking shall not be allowed in individual rooms or suites without prior approval of the Zoning Hearing Board. Such facility may also provide additional services such as restaurants, meeting rooms and entertainment and recreational facilities.
Any use that poses a health hazard, a significant threat from fire, or involves the use of hazardous material in any way that could endanger persons or property in the event of accidental discharge or combustion. Municipal uses with a heavy impact include a highway maintenance department, firehouse, heavy equipment storage and similar uses.
Any use whose impact is not heavy, as herein defined.
The coverage of the lot or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways and any other similar surfaces.
A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this chapter and permanently maintained. See § 185-1817.
An off-street space or berth for the loading or unloading of commercial vehicles. Such spaces shall comply with the applicable provisions of Article XVI.
A designated parcel, tact or area of land established by a plat or otherwise as permitted by and to be used, developed or built upon as a unit.
The area of a lot computed in mathematical manner, exclusive of any portion occupied by any streets, roads, highways, lanes or alleys.
A lot bounded by intersecting streets on at least two sides. Both yards adjacent to streets shall be considered front yards. The yard opposite the shorter street frontage shall be the rear yard, and the yard opposite the longer frontage shall be the side yard.
The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.
A line of public record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
The line separating a lot from the street right-of-way.
Any lot line, except the front lot line, which is parallel to or within 45° of being parallel to and does not intersect any street line, except in the case of corner lots.
Any lot-line that is not a front or rear lot line.
The smallest allowable lot area, as established by this chapter, on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
A single building containing more than one type of land use or a single development of more than one building and use, where different types of land uses are in close proximity, planned as a unified, complementary whole, and functionally integrated by shared vehicular and pedestrian access, parking areas, landscaping, and other features.
A single-family dwelling which is designed, after assembly and fabrication, for transportation on streets and highways on its own running gear and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes and constructed with the same, or similar, electrical, plumbing, and sanitary facilities as immobile housing.
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
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, which is leased by the park owner to the occupants of the mobile home erected on the lot.
A building or a group of two or more buildings containing rooms having entrances provided directly to or closely in connection with automobile parking serving such rooms and which building or group of buildings is designed, intended or used principally for the provision of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year, including meeting and dining rooms as accessory uses.
A building that is designed or converted to accommodate three or more commercial tenants.
Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent act of the Commonwealth of Pennsylvania that replaces, supplements or repeals any or all of the provisions of Act 247.
Any use, facility or property owned and/or operated by the Upland Borough municipal corporation.
A structure for which construction was started after the effective date of this chapter, and includes any subsequent improvements to such structures.
Any lawful occupation or profession conducted in a dwelling in which no persons other than the members of the resident family are engaged, which has no visible exterior evidence of the occupation, which does not create a need for off-street parking beyond the normal dwelling needs, and in which no equipment is used other than that normally used in a household, domestic or general office use.
A building or structure that does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the effective date of this chapter or amendments thereafter.
Any lawful lot which does not conform to one or more of the applicable provisions of the district in which it is located either on the effective date of this chapter or amendments thereafter.
A use, whether of land or of a structure, which does not comply with the applicable provisions of this chapter, where such use was lawfully in existence prior to the effective date of this chapter or amendments thereafter.
Buildings, structures or parts thereof used to conduct the business of administrative, professional business, government or other nonprofit operations, but not including an office for an escort bureau or adult entertainment referral service. Incidental uses, such as medical or dental testing or diagnostic services, are permitted in conjunction with medical and dental offices.
Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
Any individual, firm, trust, partnership, corporation, company, association or other legal entity.
A reasonably level space, having a surface slope not exceeding 6%, used for parking a motor vehicle. Such space shall have an area as listed in § 185-1604 that shall be exclusive of passageways, driveways or other means of circulation or access.
A building or structure consisting of more than one level and used to store motor vehicles on a short-term, temporary basis.
A retail or commercial use that promotes and encourages walking, window-shopping and general pedestrian activity. Examples of these uses are restaurants, general retail stores, service establishments and similar businesses. These pedestrian-oriented establishments should be located in centralized areas and rely mainly on customers from nearby neighborhoods who can walk to them. Attractive paving, sidewalks, lighting, benches, plazas and seating areas and additional shade trees are an integral part of pedestrian-oriented commercial development.
A subjective standard that suggests that the relationship between the person and the built environment is comfortable and contributes to the individual's sense of accessibility; frequently contrasted with vehicular (or monumental) scale.
Written municipal permission issued by the appropriate local official empowering the holder thereof to conduct or carry out some act not forbidden by law but not permitted without such authorization.
The written approval, as issued by the Borough Council, authorizing a person to operate and maintain a mobile home or a mobile home park under the provisions of Article XX, Mobile Home Regulations.
A business engaged in providing services involving the care or appearance of a person or his or her clothing or similar personal needs. Included in this definition are barber, beautician, shoe repair, fitness club, laundry or cleaners or similar establishments, but not including a tattoo parlor, body-piercing establishment or massage parlor.
A use of which the primary purpose is leisure activities or games, such as a bowling alley, laser tag facility, family fun center or arcade or other indoor uses.
A community of at least a specified minimum acreage to be planned, developed, operated for residents 55 years and older and maintained as a single entity and containing one or more residential clusters, which may include appropriate commercial, public and quasi-public uses primarily for the benefit of the residential development.
An area of at least a specified minimum acreage to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters, which may include appropriate commercial, public and quasi-public uses primarily for the benefit of the residential development.
The Planning Commission of Upland Borough.
A strip of trees or hedges adjacent to the boundary of a property which, at time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens that shall be planted not farther than seven feet from one another and shall be permanently maintained. Deciduous trees may be added to create interest and variety. See § 185-1817.
An open space that may be improved and landscaped, usually surrounded by streets, buildings and/or one or more walls.
A building or use which is the primary building or use on a lot, as distinguished from a building or buildings relating to an accessory, incidental or subordinate use.
A formal meeting held pursuant to public notice by the Upland Borough Council, Planning Commission or Zoning Hearing Board in accordance with the MPC, intended to inform and obtain public comment prior to taking action.
All roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, streetlighting, traffic control devices and other facilities dedicated or maintained by Upland Borough.
A use, facility or property owned and/or operated by Delaware County, a Delaware County school district, the State of Pennsylvania, or the United States federal government.
Buildings, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer and public transit, to the public.
Leisure-time activities that involve playing fields and team sport participation, such as baseball, soccer, football, etc.
An area free of buildings, except for rest rooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures, used primarily for recreational activities.
A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and is primarily designed as a temporary living accommodation for recreational, camping and travel use, including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.
Recreation without sporting fields, more generally trail-based hiking, mountain biking, horseback riding, wildlife viewing, picnicking, etc.
A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials, that shall be located only on publicly owned land. Such facility shall have an area of not more than 500 square feet and shall be located either temporarily or permanently on the same lot with a principal or host use. No power-driven processing equipment is to be used on site. A permit from the Borough shall be required prior to the establishment and operation of such facility.
A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall be larger than 500 square feet, located permanently on its own site, and have the capacity for aggregating and storing large amounts of material on site in preparation for shipping to the processing facility. Little or no power-driven processing equipment is to be used on site.
A facility used for the collection and processing of officially designated recyclable materials. Processing is the preparation of material for efficient shipment or to the end-user's specifications. Such facility shall have an area large enough to accommodate collection and processing machinery and storage area, along with ample loading and unloading areas.
A container utilized solely for the collection of refuse, not to exceed 50 cubic feet.
A refuse container that exceeds 50 cubic feet in volume. All permanent refuse dumpsters shall employ a planted visual screen.
Any premises used for the sale of food, refreshments and nonalcoholic beverages, the design or method of operation of which includes the serving of food and beverages in disposable containers that are picked up and paid for by the customer while remaining in his or her vehicle and not consumed in the restaurant or at an outside eating area of the establishment.
Any premises used for the sale, dispensing and/or serving of food, refreshments or beverages where the customer is normally involved with an individual menu and is served by a restaurant employee at the table, booth or counter at which said items are consumed.
Any premises oriented towards the waterfront, used for the sale, dispensing and/or serving of food, refreshments or beverages where the customer is normally involved with an individual menu and is served by a restaurant employee at the table, booth or counter at which said items are consumed. The waterfront restaurant must comply with all waterway and floodplain regulations.
Establishments that engage in the sale of general marine retail goods. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in the sale of either general marine merchandise or goods.
Establishments that engage in the sale of waterfront-related goods, equipment and services, water-faring crafts and floating vessels. Businesses within this definition include those that conduct sales, storage and services entirely within an enclosed structure off of the Chester Creek waterway. Benign/light-impact services and repairs of equipment of water-faring crafts and floating vessels may be conducted on Chester Creek by means of a shipyard or dockyard.
Land acquired by reservation, dedication, prescription, condemnation or other legal manner and occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, waterline, watercourse or similar uses.
The line that forms the boundary of a right-of-way.
A permanent area of trees and shrubs located adjacent to streams, lakes, ponds, and wetlands to provide protection and absorb, shield, or block a body of water from open space or development.
The line that marks the lowest point of a roof.
The line that marks the highest point of a roof. The term is applicable to most roofs other than flat roofs.
Usually a circular or concave dish device used to receive television signals from satellite transmissions.
A structure which contains operational, office, recreational, sanitary, maintenance or other facilities built for the use of the mobile home park residents or owners.
The distance between the street right-of-way line or a lot line and the principal building on a lot.
The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the "building envelope," within which the principal structure must be erected or placed.
All pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home space.
Any establishment that permits patrons to hear, view, read, lease, purchase, trade or exchange and/or participate in activities, publications, movies, videotapes and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of human anatomy which is not normally seen in public or in other commercial or club-type operations and which may or may not exclude minors by virtue of age. Implicit in this definition are the following: bookstores, movie theaters, restaurants, bars and any other operation which qualifies for inclusion by virtue of the above wording, regardless of the type of other uses or operations which may also be conducted on or in the property or properties involved.
A group of commercial establishments planned, constructed and managed as a total entity, including both attached buildings and freestanding buildings, with customer and employee parking provided on site.
Any object, device, display or illustration which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers or symbols.
A sign that has its letters or design applied to cloth, canvas or other flexible material that is durable and weather-resistant.
The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.
A sign that is mounted or painted on or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable-copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time-and-temperature sign" and not a changeable-copy sign for purposes of this chapter.
A movable sign not secured or attached permanently to the ground.
A sign in which content and messages are displayed on an electronic screen and which can be changed without modification to the physical sign, typically with the goal of delivering targeted messages to specific locations at specific times.
A sign limited to directional messages principally for pedestrian or vehicular traffic, such as "entry" or "exit," "one way," "loading" or "service area," "fire lanes," "parking" or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
The area or display surface used for the message.
A detached sign which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.
A freestanding sign, other than a sign supported by a post or pylon, placed upon or supported by the ground independent of any other structure.
A sign giving the nature, logo, trademark or other identifying symbol, address or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the lot on which a sign is located shall be considered incidental.
A sign that depicts the menu of food and/or drink for sale at an eating or drinking establishment.
A sign with two or more display areas or sides on which messages can be displayed.
A sign indicating only the name and/or profession and address of the person(s) residing or legally occupying the premises.
A sign that is internally lighted by lamps, bulbs, tubes, etc., that are filled with neon gas.
A sign installed by a governmental agency and intended to direct or control traffic; to identify streets, parks, and historical events; or to provide other information deemed necessary by that official agency.
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
A type of temporary sign that has a high turnover, such as those advertising "sales" and frequent price changes. These signs are most commonly found on windows/doors of supermarkets, grocery stores and beverage distributors. In most cases, these signs are constructed of paper, cardboard or other lightweight materials.
The supports, uprights, braces and framework of the sign.
A sign that is used in connection with an event, situation or circumstance that is designed or intended to take place or be completed within 30 days after a permit for the sign is issued or is intended to remain on the location where it is placed or erected for not more than 30 days.
A sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building that does not project more than 12 inches from the wall or vertical surface to which it is attached.
A sign attached or affixed to a window or door.
Changes in the elevation of the land from 15% to 25% over a specified distance or contour interval.
Changes in elevation of the land greater than or equal to 25% over a specified distance or contour interval.
A freestanding accessory structure in a nonresidential district, with a height of no more than 15 feet and an area of no more than 200 square feet, with its primary purpose being storage.
A freestanding accessory structure in a residential district, with a height of no more than 10 feet and an area of no more than 100 square feet, with its primary purpose being storage.
A public or private way used or intended to be used as a means of vehicular and pedestrian travel and access to abutting properties and space for public utilities that is improved in compliance with all Borough requirements for public and private streets.
A line dividing a street and a property abutting it. The street line shall be the same as the right-of-way line.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
A large retail establishment primarily selling food as well as other convenience and household goods. A supermarket shall have not less than 20,000 square feet of gross floor area and may contain branch banking facilities, video rentals, pharmacy, eating areas, and similar accessory establishments.
Any body of water, tank or receptacle of water, having a depth at any point of two feet or greater, used or intended to be used for swimming or bathing solely by the owner, his family and guests of the household and constructed, installed, established or maintained outside any building in or above the ground upon any premises as an accessory use to the residence.
Any room or space where tattooing or piercing is practiced or where the business of tattooing and piercing is conducted, or any part thereof.
An area, lot, parcel, site or property that is the subject of a subdivision and/or land development.
The total acreage of a subdivision or land development. Tract area shall be measured to the ultimate right-of-way line of public streets.
A structure used for short-term occupancy that can be towed by another vehicle for the purpose of carrying persons or materials or as a temporary office.
The specific purpose for which land or a building is designed, arranged or intended or for which it may be occupied or maintained. The term "authorized use" or its equivalent shall not be deemed to include any nonconforming use.
Any principal or accessory use allowed by this chapter as a use by right, conditional use, or use by special exception.
The specific primary purpose for which a lot or site is used.
An open-air space, designated by the Borough, that provides a clear view across one or more lots to Chester Creek or another point of interest from an abutting or nearby street, sidewalk, park, plaza or other public spaces.
All pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
That portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point on each mobile home lot.
All pipes, fittings, valves and appurtenances from the water main of the park distribution system to the water outlet of the distribution system within the mobile home.
Any device or mechanism used for the collection, transmission, routing, or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned and operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizens' band radio antennas.
Any structure other than a building, such as a monopole, telescoping mast, tripod, self-supporting or guyed tower, lattice-construction steel structure or any other structure, that supports or has attached to it a communications antenna or antennas.
The vertical distance measured from the base of an antenna support structure at grade to the highest point of the structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna's support structure height.
An unmanned building or cabinet containing communications equipment required for the operation of wireless communications antennas and covering an area on the ground not greater than 375 square feet.
Includes, but is not limited to, the antenna(s), antenna support structure(s) and equipment buildings that comprise a portion of a wireless communications operating network.
A tract or parcel of land that contains wireless communications service antenna(s), antenna support structure(s), equipment buildings, parking and uses associated with and ancillary to providing wireless communications services.
An unobstructed open space on the same lot with a principal building, which extends from a street line or lot line inward to the principal building.
A yard extending the full width of the lot, the depth of which extends from the front lot line to the nearest point of the principal building.
A yard extending the full width of the lot, the depth of which extends from the rear lot line to the nearest point of the principal building.
The open space between a lot line and the buildable area or "building envelope" within which the principal structure must be erected or placed.
A yard extending between the inside lines of the front and rear yards and extending in width from the side lot line to the nearest point of the principal building.
Chapter 185 of the Codified Ordinances of the Borough of Upland, as amended, that divides the Borough into areas or zones that specify allowable uses for real property, size, and location restrictions for buildings within these areas.
An area in Upland Borough in which regulations under this chapter uniformly apply, including overlay districts.
The Upland Borough Zoning Hearing Board.
See definition for "Building Code Official"; an official or employee of Upland Borough empowered to administer and enforce all of the provisions and regulations of the Borough's Zoning Code.
Written permission issued by the Zoning Officer or other appropriate municipal official empowering the holder thereof to erect or alter a building or structure, including signs and fences, to change the use of a building or land, and to change or extend a nonconforming use.