For the purpose of this chapter, certain terms and words are
herein defined. Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the words "used for" include the meaning "designed for" and vice versa;
the word "shall" is mandatory and not discretionary, and the word
"may" is permissive.
[Amended 11-8-1973 by Ord. No. 291; 9-30-1981 by Ord. No. 340; 1-19-1982 by Ord. No. 341; 11-9-1993 by Ord. No. 446]
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use which is clearly incidental and related
to that of a main structure or main use of the land. "Accessory structure"
shall not include living quarters.
A sign upon which advertising matter of any character is
printed, posted or lettered; whether freestanding or attached to a
surface of a building or other structure. A billboard is used to advertise
products, services or business at a location other than the premises
on which the sign is placed.
The Zoning Hearing Board, which shall be appointed by Borough
Council.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered or
projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
Any one or more of the following, other than a hospital,
place of detention, school, offering general instruction or a trailer
camp:
Type 1. Any area of land or water of a design or character suitable
for seasonal nature, recreational or other similar temporary living
purpose.
Type 2. Any building or group of a movable, temporary or seasonable
nature such as cabins, tents or shelters which are located in a Type
1 camp area.
Any land and building thereon used for an assembly of persons
for what is commonly known as "day camp" purposes, whether or not
conducted for profit and whether occupied by adults or children either
as individuals, families, etc.
An open, unoccupied, unobstructed space, other than a yard,
on the same lot as the building.
INNER COURTA court not extending to a street or way, or to a front, side or rear yard.
OUTER COURTA court extending to a street or way, or to a front, side or rear yard.
The officially established grade of the curb in front of
the midpoint of the lot.
A building or portion thereof designed for and used exclusively
for residential occupancy, including one-family, two-family and multiple-family
dwellings, but not including apartment hotels, boarding houses, dormitories,
fraternity or sorority houses, hospitals, hotels, housing for the
elderly, institutional facilities, motels, nursing homes, residential
clubs, rooming houses, trailers and the like.
A dwelling unit for rent or lease, whether multifamily or
group buildings, providing separate, independent living and sanitary
facilities for one family, including provisions for cooking and sleeping.
An apartment dwelling may include an efficiency unit where no specific
bedroom is provided or a unit containing one or more bedrooms.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, flats, row houses, garden apartments,
townhouses and condominiums.
A building designed for or occupied by one family, constructed
on the site, permanently attached to a fully enclosed foundation.
A building designed for or occupied by two families, constructed
on the site, permanently attached to a fully enclosed foundation.
An individual or two or more persons related by blood, marriage
or adoption, living together in a dwelling unit; or
A group of not more than three persons who need not be related
by blood, marriage or adoption, living together as a single housekeeping
unit in a dwelling unit, and sharing common facilities as considered
reasonably appropriate for a family related by blood, marriage or
adoption; in either case, exclusive of visual servants.
Is to be measured at the building line and not at the curbline
or right-of-way.
A building or structure, or any portion thereof, in which
one or more vehicles are housed, kept or repaired, provided said repairs
are not obnoxious or offensive by reason of the omission of odor,
dust, smoke, gas, vibration or noise; not including exhibition, show
or storage rooms for motor vehicles for sale.
MINOR GARAGEA garage which is an accessory structure or a part of a main structure used exclusively for the parking of automobiles with a capacity of not more than two passenger automobiles and used for storage of such automobiles only; provided, however, that a minor garage may have three-vehicle capacity providing the area of the lot wherein such minor garage is to be located shall contain not less than 6,500 square feet.
MAJOR GARAGEAny garage not included within the definition of "minor garage."
A retail establishment, equipped with storage tanks, pumps
or other distribution devices for dispensing gasoline or other flammable
liquids, supplying gasoline and oil, petroleum products or other lubricating
substances, tires, batteries and other accessories for vehicles directly
to the populace, including the rendering of incidental services in
connection with these products, such as inspection, greasing, washing,
polishing, servicing and adjustments of vehicles and minor repairs
associated therewith. This definition does not include separate facilities
for washing automobiles commonly known as a "car wash," nor does it
include such major repairs as spray painting, body, fender, axle,
frame, major engine overhaul or recapping/retreading of tires.
The use of any lawful dwelling unit which meets all of the
following criteria:
[Added 9-6-2005 by Ord. No. 538]
Involves the care of five or more persons.
In a residential district, there shall be no more than six residents
in a single-family detached dwelling and no more than 10 residents
in a multifamily detached dwelling.
In any other district where group homes are permitted, other
than a residential district, there shall be a maximum of 15 residents.
Involves persons functioning as a common household unit.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution because of physical disability, old age or mental retardation/developmental
disability, or other handicap[1] as defined by applicable federal law.
Involves adequate supervision by an adequate number of staff
persons trained or qualified to provide health, social and/or rehabilitative
services to the residents.
There shall be twenty-four-hour supervision by at least one
person trained or qualified in the field for which the group home
is intended.
The services shall be provided only by a governmental agency,
its licensed or certified agents or any other responsible nonprofit
social services corporation, and such facility shall meet all minimum
requirements of the sponsoring agency and all applicable local, state
and federal law.
The lot on which the group home is located may not be within
1,000 feet from the lot on which another group home is located; such
distance shall be measured in a horizontal straight line from the
nearest point on one lot to the nearest point on the other lot.
Parking shall meet all provisions for group homes in § 310-22. If off-street parking in a residential district requires more than five spaces at any one time, such spaces shall be buffered from adjacent residential dwellings by planting a shrubbery screen meeting the height and vision requirements of § 310-28E and F.
The group home activity shall not be oriented to criminal rehabilitation
of adults, court-ordered confinement of juvenile delinquents or the
criminally insane, or treatment for current alcohol or drug addiction.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
A group home located in a residential district shall be maintained
and/or constructed to ensure that it is closely similar in appearance,
condition and character to the other residential structures in the
area and no exterior signs shall be erected identifying the group
home's use.
The group home shall register is location, number of residents
and sponsoring agency with the Borough, and such information shall
be available to the public.
A statement setting forth the full particulars on the operation
to be conducted and any needed approvals by any state or federal agency
shall be filed with the Borough.
The group home shall immediately notify the Borough if there
is any loss or suspension or significant change in certification by
a state or federal agency.
The vertical distance measured from the curb level to the
highest point of the roof adjacent to the street wall of flat roofs;
to the deck line of mansard roofs; and to the main height between
eaves and ridge for gabled, hipped or gambrel roofs.
A parcel of land.
A lot in a class "A" or "B" Residence District which:
Fronts upon a public street, or a street in a plan of land subdivision
approved by the Planning Commission.
Is sufficient in size to meet the requirements for a one-family dwelling in an "A" Residence District or to qualify as a special exception in a "B" Residence District in accordance with § 310-29 of this chapter.
By documentary evidence acceptable to the Building Inspector,
is shown to be, prior to and continuously since the effective date
of this chapter, in separate and distinct ownership from all abutting
land.
That portion of a zoning lot or an accredited zoning lot
bounded by the required front, rear and side yards. When a yard is
not required, the boundary is the lot line.
The lines that bound the buildable area of the zoning lot
or accredited-zoning lot, including front, rear and side building
lines.
The mean horizontal distance between the front lot line and
the rear lot line.
A lot abutting upon two or more streets at their intersection
having an interior angle of intersection not greater than 135°.
A lot having a frontage on one street or way.
A lot having a frontage on two streets or ways.
A lot, occupied or unoccupied, by a main building or structure
and/or accessory structures fronting upon a public street or a street
in a plan of land subdivision approved by the Planning Commission
and having such open spaces therein as are required by this chapter
for one of the uses permitted in the district in which it is located.
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 use of a building or other structure or land which does
not conform to the regulations of the use district in which it is
situated.
Occupancy of a building or other structure or land for more
than one use.
An open space other than a street or way used for the parking
of only automobiles.
COMMUNITY PARKING AREAA parking area used exclusively by the residents of the neighborhood or customers or persons engaged in the conduct of establishments in the immediate vicinity of its location, or by those for whom such establishments are conducted.
MINOR PARKING AREAA parking area which is an accessory use.
MAJOR PARKING AREAAny parking area not included within the definitions of "community parking area" or "minor parking area."
A space in a parking area not less than nine feet wide and
20 feet long reserved for the parking of only one automobile.
A roofed or unroofed structure projecting from the front,
side or rear wall of the building, all sides of which shall be open
except the side adjoining the building.
Any surface, fabric or device bearing lettered, pictorial
or sculptured matter designed to convey information and exposed to
public view; or, any structure (including billboard and/or poster
panel) designed to carry the above visual information.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered only elsewhere
than upon the premises where the sign is displayed or as a minor and
incidental activity upon the premises where the sign is displayed.
A sign which directs attention to a business, profession
or industry located upon the same premises where the sign is displayed,
and to type of products sold, manufactured or assembled, but excluding
advertising signs.
A sign used to identify only the name of the individual,
and/or the products, and/or the nature of a business, profession or
organization, and/or the activities of an institution occupying the
premises upon which it is displayed.
Any building, structure or portion thereof, which is used
for the shelter or care of horses, cattle, fowl or any other animals.
That portion of a building or structure included between
the surface of any floor and the surface of the next floor above it;
or, if there be no floor above it, then the space between such floor
and the ceiling next above it.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet above the finished floor of such story.
Any change in the supporting members of a building or structure
such a bearing walls, partitions, columns, beams or girders.
Any thing constructed or erected, the use of which demands
a location on the soil or attached to something having a location
on the soil.
A natural or artificial embankment between a building and
its lot lines. The "height of terrace" shall be the difference in
elevation between the curb level and the top of the terrace at the
center of the building wall.
Any vehicle or portable structure equipped for and used as
sleeping or living quarters for one or more persons, or equipped for
and used as a temporary or permanent business, commercial or industrial
purposes, mounted upon wheels and used as a conveyance on highways
or streets and drawn by its own or other motive power.
Any camp, trailer camp, trailer court, court, campsite, lot,
parcel or tract of land, designed, maintained or intended for the
purpose of supplying a location or accommodation for two or more trailers,
and upon which two or more trailers are parked, and including all
buildings used or intended for use as part of the equipment thereof,
whether a charge is made for the use of the trailer park and its facilities
or not. "Trailer park" shall not include automobile or trailer sales
lots on which unoccupied trailers are parked for the purpose of inspection
or sale.
A modification of the literal provisions of this chapter
which the Board is permitted to grant when strict enforcement of said
provisions would cause undue hardship owing to circumstances unique
to the individual property on which the variance is sought.
A strip of land less than 25 feet wide which provides access
to property, public street or in a plan of land subdivision approved
by the Planning Commission, the boundary lines of which include a
roadway and/or sidewalk area.
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground to the sky.
A yard extending across the full width of the lot and abutting
the front lot line, the required depth of which yard is a prescribed
minimum distance between the front lot line and a line parallel thereto
on the lot.
A yard extending across the full width of the lot and abutting
the rear lot line, the required depth of which yard is a prescribed
minimum distance between the rear lot line and a line parallel thereto
on the lot.
A yard extending from the front yard or front lot line where
no front yard is required, to the rear yard or rear lot line when
no rear yard is required, and abutting a side minimum distance between
the side lot line and a line parallel thereto on the lot.
[1]
Note: As of 1992, the Federal Fair Housing Act defined "handicap"
as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities; 2) a record
of having such an impairment; or 3) being regarded as having such
an impairment but such term does not include current, illegal use
of or addiction to a controlled substance as defined in Section 802
of Title 21 of the United States Code).
