[Amended 10-13-1992 by Ord. No. 698; 6-11-1996 by Ord. No. 728; 2-10-1998 by Ord. No. 737; 5-12-1998 by Ord. No. 740; 2-11-2003 by Ord. No. 774; 11-13-2007 by Ord. No. 796; 5-9-2023 by Ord. No. 854; 3-11-2025 by Ord. No. 862; 7-8-2025 by Ord. No. 864]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING or ACCESSORY USEA building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. An "accessory use" includes but is not limited to the following:
A. Children's playhouse, garden house or private greenhouse.
B. Civil defense shelter serving not more than two families.
C. Garage, shed or building for domestic storage.
D. Incinerator incidental to residential use.
E. Storage of merchandise normally carried in stock on the same lot with any commercial use, unless such storage is excluded by the district regulations.
F. Nonpaying guest house or rooms for nonpaying guests within an accessory building, provided that such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units.
G. Servants' quarters or servants' house.
H. Off-street motor vehicle parking area; loading and unloading facility.
J. Parking of accessory vehicles such as boats, boat trailers, campers and house trailers as further defined herein and any other type of trailer. For purposes of this chapter, a "trailer" is a wheeled vehicle which is licensed and/or used to haul or transport a boat, camper, goods, produce, products or any other item or thing over the public roads of this Commonwealth.
ADULT ENTERTAINMENT ESTABLISHMENTA. An adult book store, defined as: An establishment having as a substantial or significant portion (more than 5% of its stock-in-trade consisting of gadgets, toys, apparel, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
B. An adult theater, being defined as a club, bar or entertainment facility:
(1) Presenting film, tape or other audio or visual reproduction or any other material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons; or
(2) Featuring topless dancers, go-go dancers, exotic dancers, strippers or similar entertainers.
ALLEYA service way providing a secondary public means of access to abutting properties.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another, or any change in use from that of one zoning district classification to another.
ALTERATIONS, STRUCTURALAny change in the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
APARTMENTA room or suite of rooms in a multiple-family structure which is used as a single housekeeping unit and which contains complete kitchen, bath and toilet facilities, permanently installed.
APARTMENT HOTELA building consisting of guest rooms, suites of rooms, or dwelling units which are occupied more or less permanently, wherein the occupants are furnished so-called "hotel services," including a dining room and maid service.
APARTMENT HOUSEA building used by three or more families living independently of each other and containing dwelling units.
AREA, BUILDINGThe total of areas taken on a horizontal plane at the main grade level of the principal building, exclusive of uncovered porches, terraces, steps, garages and other accessory buildings.
AUTOMOBILE REPAIR, MAJOREngine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, and overall painting of vehicles.
AUTOMOBILE REPAIR, MINORIncidental repairs; replacement of parts; motor service to automobiles; state inspection; but not including any operation specified under "automobile repair, major" above.
BASEMENTA story partly underground, but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is five feet or more or if the basement is used for business or dwelling purposes.
BILLBOARDA structure, building wall or other outdoor surface used to display lettered, pictorial, sculptured or other matter which directs attention to any product, announcement, commodity or service offered only elsewhere than on the premises or as a minor and incidental service on the premises.
BOARDThe Zoning Hearing Board of Westmont Borough.
BUFFER AREAA strip of land which is planted and maintained in shrubs, bushes, trees, grass or other landscaping material and within which no structure is permitted except a wall or fence.
BUILDINGA structure having a roof supported by columns or walls, for the shelter of persons, animals, chattels or property. When separated by walls which are common with the walls of adjoining dwellings, each portion of such structure shall be considered a separate building. It shall include any overhang, projection or roof extending beyond a wall or support, sun parlors and covered porches, whether enclosed or unenclosed, but does not include walks, steps or terraces.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eave and ridge for gable, hip and gambrel roofs.
BUILDING LINEThe line of that face of the building nearest the front line of the lot. This face includes front main foundation but does not include walks, steps or terraces.
CELLARA portion of a building having 1/2 or more of its height below the average grade of the adjoining ground. In a dwelling, a "cellar" may not contain the principal living quarters.
COVERAGEThat percentage of the lot covered by the building area.
DISTRICT, ZONINGA section of Westmont Borough for which uniform regulations governing the use, height, area and intensity of use of buildings and land and open spaces about buildings are herein established.
DOG OR SIMILAR DOMESTIC PET HOUSINGA structure or fenced-in area of a lot or yard that is used primarily for the noncommercial housing of dogs or domestic pets. Fenced areas of yards primarily used for other purposes by the occupants of the dwelling and used incidentally for the controlling of domestic animals shall not be considered a dog or similar domestic pet housing.
DWELLINGA building designed or used exclusively as the living quarters for one or more families.
DWELLING, GROUPA group of two or more one-family, two-family or multiple-family dwellings occupying a lot in one ownership and having a yard in common.
DWELLING, MULTIPLE-FAMILYA dwelling or group of dwellings on one plot or lot containing separate living units or dwelling units for three or more families, but which may have joint services or facilities or both.
DWELLING, TOWNHOUSEA multistory dwelling that is one of a planned complex of such continguous dwellings sharing common party walls. Such dwellings are divided into distinct and noncommunicating units, with each dwelling unit having direct access to the outdoors. Provision for separate utilities and separate lots for all dwelling units in a building must be made, and the facades of dwelling units shall harmonize with each other and the surrounding neighborhood.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other, with separate dwelling unit entrances.
FAMILYOne or more persons related by blood, marriage or adoption, or two unrelated persons living as a household in a dwelling unit. "Family" may also include domestic servants and gratuitous guests.
FENCEAny artificially constructed vertical barrier of specified material or combination of materials suspended between posts or other support and erected to enclose or screen areas of land or portions of buildings or structures. Any erected fence must have a finished appearance in a similar manner on both sides. Acceptable finish treatments include stained wood, vinyl, brick/stone, decorative cmu, prefabricated finish texture, color coated tubular steel or wrought iron or a combination thereof. The following materials are strictly prohibited: barbed wire, canvas, cloth, fiberboard, turkey wire, rope, string, netting, corrugated metal panels, galvanized sheet metal, plywood and fiberglass. The color of fences shall be restricted to earth tones and neutral color tones.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls, or from the center line of common walls separating buildings. For purposes of determining dwelling standards, the garage and basement areas shall not be included. For purposes of determining parking and loading space requirements for the several zoning districts herein, the "floor area" of a building or buildings shall include basement space, penthouses, attic space providing structural headroom of 7 1/2 feet or more, interior balconies and mezzanines, enclosed porches, accessory uses other than accessory off-street parking, lobbies and hallways. For determination of parking and loading space requirements, the following areas shall not be included: cellar space, elevator shafts and stairwells, floor space for mechanical equipment as necessary to service the needs of the building, uncovered steps, terraces, breezeways, open spaces (unroofed, unless specifically required in the parking regulations herein) and fitting and dressing rooms.
GARAGE, PRIVATEAn accessory building, housing only motor-driven vehicles, the property of and for the use of the occupants of the lot on which the "private garage" is located.
GARAGE, PUBLICAny garage other than a private garage, available to the public, and which is used for storage, parking, repair, rental, greasing, washing, servicing, adjusting or equipping of motor-driven vehicles.
HABITABLE LIVING SPACERefers to space utilized by occupants within a dwelling unit, including the following areas: living room, dining room, kitchen, bedroom, bathroom, closets, stairways, etc., but not including basements, garages or common hallways and common stairways.
HEIGHTSee "building height" herein.
HOME OCCUPATIONSA. HOME BUSINESS:
(1) An accessory use of a service character within a dwelling by residents which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small sign. The secondary use shall not be carried on in an adjacent, separate, attached or integral structure not designed for living space such as a garage or other outbuilding, shall not constitute more than 25% of the habitable living area and shall not employ any persons other than resident family members.
(2) A home business shall be permitted by special exception according to the criteria stated in §
225-72C. Instructions in violin, piano or other musical instruments limited to a single person at a time shall be deemed a home business. The business of dressmaker, seamstress or other persons who offer skilled services to clients, tax preparer, consultant, and similar professions shall be deemed a home business. The following are not permitted as home businesses: dancing instruction or band instrument instructions for three or more persons at one time, tourist homes, physicians, dentists, convalescent homes, mortuary establishments, stores, trades or auto body workshops.
B. HOME OFFICEAn accessory use of a service character within a dwelling by the residents of the structure, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any evidence of such secondary use. A limited business or commercial activity which meets all of the following criteria is considered a home office and is permitted by approval of the Zoning Officer in any dwelling unit:
(1) No exterior evidence (e.g., noise, light, heat, dust, odor, signs, electromagnetic interference, etc.) of the home office shall be permitted that is uncharacteristic of a residential setting.
(2) No retail sales or display of goods, exclusive of telephone, Internet or other electronic network solicitation, is permitted.
(3) Only residents of the dwelling may be engaged in the home office activity.
(4) The home office activity may be conducted only within the dwelling unit and may not occupy more than 10% of the habitable floor area.
(5) The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks.
(6) The use shall not involve regular visitations by customers, clients, salespersons or suppliers.
HOSPITALIncludes residential inpatient treatment facilities such as a sanitarium, sanitorium, preventorium, rest home, nursing home, convalescent home and any place for inpatient care.
HOTELA building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made from an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boardinghouse, lodging house or rooming house.
HOTEL, MOTORA building in which lodging is provided and offered to the transient public for compensation and in which egress and ingress to and from rooms may be made either through an inside lobby or office supervised by a person in charge at all times or directly from the exterior.
HOUSE TRAILERA transportable temporary dwelling that is a mechanized or nonmechanized vehicle having self-contained living facility arrangements on board; except for motor homes that are proven to be used for primary transportation of the family.
INSTITUTIONAL HOUSEA public or private benevolent establishment devoted to the shelter, maintenance or education and care of minor children, homeless, aged or infirm persons or a halfway house.
LIVESTOCKSuch animals normally raised on farms for individual consumption or for sale. Generally such animals include but are not limited to pigs, goats, sheep, cattle, horses, chickens or other fowl.
LOADING SPACEA space within the main building or on the same lot therewith providing for the standing, loading or unloading of vehicles.
LOTA designated parcel, tract or area of land, accessible by means of a public street, established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT, CORNERA lot at the junction of two or more intersecting streets and having frontage on two or more such streets.
LOT, DEPTH OFThe mean horizontal distance between the front lot line and the rear lot line, measured midway between the side lot lines.
LOT LINE, FRONTIn the case of an interior lot, the line separating the lot from the street; in the case of a corner lot, the line separating the narrowest frontage of the lot from the street.
LOT, THROUGHA lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
LOT, WIDTHThe dimension of a lot, measured between the side lot lines on the building line.
MOBILE HOMEA 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.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARKA 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.
MODULAR HOMEA transportable, single-family dwelling intended for permanent occupancy contained in two or more units and designed for use with a permanent foundation.
MOTELSee "hotel, motor" herein.
NONCONFORMING USEA building or use of land lawfully existing on the effective date of this chapter that does not completely conform to the use regulations for the district in which it is located.
NURSERY SCHOOLA school designed to provide daytime care or instruction for two or more children of preschool age.
ORNAMENTAL FENCEA fence erected for aesthetic purposes that contributes to the identification and appearance of the principal use, which does not act as a retaining, enclosing or containing structure, does not obstruct visibility into or out of the lot or property, and is made of material that is not typically utilized in security structures such as chain link fencing. Permitted styles of ornamental fence include, but are not limited to, ornamental iron or aluminum with safe picket tops, ornamental open wood or composite picket fences or brick and stone walls or fences or walls combining these materials. Fences or walls shall have, at a minimum, equally spaced open sections for each closed sections of the same dimension. The finished side of any ornamental fence shall face the street.
PARKING LOTAny lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles where such usage is not incidental to or in conjunction with a one-family or two-family dwelling.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways appurtenant thereto, and giving access thereto and having direct access to a street or alley.
PLANNING COMMISSION/COMMITTEEThe Planning Body of Westmont Borough, which shall have conferred and imposed upon it all the powers of the Zoning Commission.
SELF-SERVICE LAUNDRYA business that provides home-type washing, drying or ironing machines or dry-cleaning machines for hire to be used by customers on the premises.
SERVICE STATIONA building(s), premises or portions thereof which are used, arranged, designed or intended to be used for the retail sale of gasoline or other fuel for motor vehicles, boats or aircraft, as well as for minor automobile repair, including state inspection.
SHORT-TERM RENTAL/BED-AND-BREAKFASTA dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental owner or operator for a fee for fewer than 30 consecutive nights. They are commonly referred to as vacation rentals. They are a form of tourist or transient accommodations. Short-term rental units may be whole house rentals, apartments, condominiums, or individual rooms in homes. For the purpose of administration and enforcement of this title, the terms "overnight rental," "nightly rental," and "vacation rental" are interchangeable with short-term rentals, Subleasing or subletting of units for short-term rental is prohibited.
SIGNAny surface, fabric or device bearing lettered, pictorial, sculptured or other matter designed to convey information visually and exposed to public view; any structure designed to carry the above visual information; any structure or device designed or installed principally to direct or attract attention, except traffic signs or devices.
SMOKE SHOPA retail store or portion thereof that has more than 10% of the merchandise being related to smoking or vaping. Smoke shop merchandise, for the purposes of these regulations, shall include cigarettes, cigars, loose tobacco, hookahs, bongs, pipes, or any other devices, items or equipment, vaping materials, including, but not limited to: scents, oils and/or equipment or components, and any other items or materials utilized for smoking tobacco, marijuana, or any other substances.
SNOW FENCEA temporary fence structure for seasonal purposes that is not located within a Borough or state right-of-way and otherwise not determined to cause a safety hazard.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STREETA strip of land, including the entire right-of-way (not limited to the cartway), intended for use by the general public as a means of vehicular and pedestrian circulation to provide access to more than one lot. See the Westmont Borough Subdivision Ordinance for further clarification on this definition.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SWIMMING POOLAny structure intended for swimming, recreational bathing, or other contained body of water, containing or normally capable of containing water to a depth of over 24 inches. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. A swimming pool may be further defined as a "permanently installed" or "storable" pool.
SWIMMING POOL PERMANENTLY INSTALLEDA pool that is constructed the ground or partially in the ground, and all other pools capable of holding water with a depth greater than 42 inches (1,067 mm), and all pools installed inside of a building, regardless of water depth, whether or not served by electrical circuits of any nature.
SWIMMING POOL, STORABLEA pool that is constructed on or above the ground and is capable of holding water with a maximum depth of 42 inches (1,067 mm), or a pool with nonmetallic molded polymeric walls or inflatable fabric walls, regardless of dimensions, containing or normally capable of containing water to a depth of over 24 inches. These pools are designed for easy setup and removal and are not designed to remain outdoors during winter periods. Spas and hot tubs that fall within the depth parameters set forth in this definition shall be considered storable swimming pools.
TELECOMMUNICATIONS TOWERAn elevated radio, television or microwave transmission or receiving tower which is used to transmit, receive, retransmit or otherwise convey radio, television or microwave signals. [NOTE: This new definition does not separate telecommunications towers from other structures defined in Article
IX, §
225-42A(2) and adds television and microwave towers and signals.]
TEMPORARY STRUCTUREAny structure erected for or as a temporary means of protecting vehicles or other property from the elements. This includes tented carports, tarpaulins, or similar items, excluding temporary fences, used for a period not to exceed 30 days. Temporary structures are easily constructed and removed, and the materials are designed for removal or disassembly and re-use at another location.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
YARDA space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONTA yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the lot line and the building line.
YARD, REARA yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied by other than accessory buildings which do not occupy more than 35% of the space, and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such buildings.
YARD, SIDEA yard between the principal building and the side lot line, extending from the front yard, or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally and at 90° with the side lot line, from the nearest part by encroachment of the principal building.