Borough of Middleburg, PA Part 15 DEFINITIONS

§ 27-1501 Definitions.

[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996; by Ord. 271, 12/26/2002; by Ord. 295, 11/8/2005; and by Ord. 328, 3/10/2015]

1. For the purpose of this chapter, certain words and phrases are defined in this section, but such definitions shall not be held to modify or affect in any way the legal interpretations of such words and phrases where used in other ordinances or codes of the Borough of Middleburg.

2. Words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "building" includes the word "structure," the word "occupied" includes the words "designed or intended to be occupied," and the word "used" includes the words "arranged, designed or intended to be used." Words not defined in Subsection 3 shall have the meanings given in Webster's Unabridged Dictionary.

3. The followings words and phrases shall have the meanings given in this subsection, as follows:

ACCESSORY BUILDING

A building located on the same lot as and customarily incidental and subordinate to the principal building or structure.

ACCESSORY USE

The utilization of a building or lot or a portion of a building or lot for a use which is customarily incidental and subordinate to the principal use of the building or lot.

ADVERTISING SIGN

See definition for "sign."

AREA

See "building area," "gross floor area," or "lot area."

BACHELOR UNIT (EFFICIENCY OR STUDIO UNIT)

One or more habitable rooms which are let as a single housekeeping unit to not more than three persons.

BASEMENT

That portion of a building which is partly, but less than half the floor-to-ceiling height, below the average grade adjoining the building (as distinguished from "cellar," which means a story more than half below grade). The "basement" is counted as a story for the purposes of determining building height.

BILLBOARD

See "sign, off-premises."

BOARD

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

BUILDING

A structure enclosed and isolated by exterior walls and a roof, constructed or altered to be used for residential, commercial, industrial or private purposes or accessory thereto. Where the context requires, the word "building" shall be construed as though followed by the words "or parts or parts thereof."

BUILDING AREA

The maximum horizontal projected area of a building or structure at or above grade, excluding cornices, eaves, gutters, unenclosed porches, terraces, balconies or steps.

BUILDING COVERAGE

That portion of the lot covered or occupied by the building area.

BUILDING HEIGHT

The vertical distance measured from the average grade level of the building site covered by the building to the highest point of the roof adjacent to the front wall for flat roofs or the deck of mansard roofs or the mean height between the eaves and ridge for gable, hipped or gambrel roofs.

BUILDING LINE

A line which connects the points of intersection of the interior front, rear and side yard lines and is generally equal to or greater than the percent of maximum building coverage for the particular zoning district in question; the area contained within the building line is the permitted building area, subject to the requirements established within § 27-503 and the Table of Height, Area and Bulk Regulations located at the end of this chapter. The accompanying diagram illustrates the location of the building line on a rectangular lot.

CARE FACILITY, GROUP

A facility, which is licensed and inspected by an agency of the state, which provides residential services to at least six residents who are handicapped, developmentally disabled, mentally ill or retarded; including residents who are serving the sentence of a court of law, but not requiring or receiving skilled or intermediate nursing care or psychiatric or correctional treatment normally provided in an institutional setting, including rehabilitation homes.

CARTWAY

The portion of a street right-of-way which is paved, improved, designated or intended for vehicular traffic.

COMBINATION DWELLING

A building containing an aggregate of dwelling, rooming or bachelor units totaling three or more.

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.

DETERMINATION

A. 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 or planned residential development ordinances.

B. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DWELLING, MULTIFAMILY

A building arranged, intended or designed to be occupied by three or more dwelling units.

DWELLING, SINGLE-FAMILY ATTACHED

A building designed for and used exclusively as a residence for only one family and having a party wall on each side common with an adjacent building, except at the ends of a row of three or more attached dwellings.

DWELLING, SINGLE-FAMILY DETACHED

A building designed for and used exclusively as a residence for only one family and having no party wall in common with an adjacent building.

DWELLING, SINGLE-FAMILY SEMIDETACHED

A building designed for and used exclusively as a residence for only one family and having one party wall in common with an adjacent building.

DWELLING UNIT

A group of habitable rooms (two or more) designed for or occupied by not more than one family as a single housekeeping unit, whether occupied or unoccupied.

EFFICIENCY UNIT

See "bachelor unit."

FAMILY

A single person occupying a dwelling unit and maintaining a household; two or more persons related by blood, marriage, foster relationship or adoption occupying a dwelling unit, living together and maintaining a common household, including not more than one boarder, roomer or lodger; or not more than three unrelated persons occupying a dwelling unit, living together and maintaining a common household (group quarters). Domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

FLOOR AREA or GROSS FLOOR AREA

The sum of the area of the several floors of a building, as measured from the exterior faces of the walls, but excluding cellars or attics not used or intended to be used for human occupancy or other use. In the case of a building used or intended to be used as a commercial establishment, cellars or attics not utilized or intended to be utilized by persons other than employees of the commercial establishment shall be ignored when computing the floor area or gross floor area.

FLOOR AREA RATIO (FAR)

The ratio of the gross floor area to the lot area. In equation form, expressed as:

FAR

=

Gross Floor Area Lot Area

GARAGE, PRIVATE

A garage accessory to a principal building, either attached to said principal building or as a separate accessory use, used for storage purposes only and in which no business, service or industry, connected directly or indirectly, is conducted.

GARAGE, PUBLIC

Any garage, other than a private garage, which is available to the public and is used for storage of automobiles or other motor vehicles.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms and storage spaces.

HOTEL

A building containing 25 or more rooming units offering sleeping facilities and which provides twenty-four-hour service for receiving and assisting guests.

HOUSEKEEPING UNIT

One or more habitable rooms within a building which contains living, sleeping, cooking and eating facilities.

ILLUMINATION

The constant supply of light that allows a sign to be visible in dim or dark conditions.

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 built upon as a unit.

LOT AREA

The lot area contained within the lot lines, excluding space within all streets and alleys, but including the area contained in any easement, and generally expressed in acres or square feet.

LOT FRONTAGE

The portion of the building line or front yard line adjacent to a public street.

LOT MEASUREMENTS

A. DEPTH OF LOT Considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

B. WIDTH OF A LOT Considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where a minimum lot frontage of 40 feet for single-family detached dwellings and 25 feet for single-family semidetached dwellings shall apply.

LOT OF RECORD

A platted lot which is part of a subdivision recorded in the office of the Recorder of Deeds or a lot or parcel described by metes and bounds, the description of which has been so recorded.

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.

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 "Municipality Authorities Act of 1945."[1]

MUNICIPAL FACILITY

A building, structure or improvement for municipal use or services.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity must not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

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 SIGN

A sign which does not conform to the regulations of the district in which it is located.

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.

OFFICE OF A GENERAL BUSINESS NATURE

Offices or agencies which conduct service establishments, with or without a stock of goods, such as, but not limited to, clothing rental, porter service, notary publics, real estate offices, detective agencies, telephone message service, redemption of merchandise coupons, furnace cleaning and similar service establishments.

OFF-STREET PARKING

See "garage, private," "garage, public," "parking lot, commercial," "parking lot or community garage," or "parking lot, restricted business."

PARCEL

See "lot" or "lot of record."

PARKING FACILITY

See "garage, private," "garage, public," "parking lot, commercial," "parking lot or community garage," or "parking lot, restricted business."

PARKING LOT, COMMERCIAL

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 the general public or reserved for a group of individuals by the hour, day, week, month or year.

PARKING LOT or COMMUNITY GARAGE

An accommodation for the parking of motor vehicles on a lot or in a garage provided for restricted use in connection with a housing development or private residences, whether cooperatively established and operated or not.

PARKING LOT, RESTRICTED BUSINESS

An accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise, whether cooperatively established and operated or not.

PARK, PLAYGROUND or GAME COURT

An open-air recreational facility which is not accessory to any other use on the same or any other lot, but excluding amusement parks and playgrounds, and further defined below:

A. PARK, PLAYGROUND, OR GAME COURT, COMMERCIAL Recreational facilities operated as a business and open to the general public for a fee.

B. PARK, PLAYGROUND OR GAME COURT, RESTRICTED Recreational facilities for restricted use in conjunction with a particular nonprofit organization and open only to its members and guests.

C. PARK, PLAYGROUND OR GAME COURT, PRIVATE Recreational facilities operated for restricted use in conjunction with a particular housing development or private residences and open only to the residents and guests of said developments or private residences.

D. PARK, PLAYGROUND OR GAME COURT, PUBLIC Recreational facilities operated as a nonprofit enterprise by a governmental or nonprofit organization and open to the general public.

PLAT

A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

POOL, SWIMMING

A body of water of artificial construction, either indoors or outdoors, used for swimming or recreative bathing, together with the sides or bottom of the pool, buildings, equipment and appurtenances, being over 30 inches in depth any place in the pool.

A. PRIVATE SWIMMING POOL A swimming pool used only by the owner of the pool and friends as an accessory use at a private residence.

B. PUBLIC SWIMMING POOL Any swimming pool other than a private swimming pool, public or semipublic in character.

C. CLUB SWIMMING POOL A public swimming pool used by a group or institution on a noncommercial basis or on a municipality basis for members and friends only.

D. COMMERCIAL SWIMMING POOL A public swimming pool which is located on land not publicly owned and operated on a commercial basis or primarily for private gain.

POOL, WADING

A body of water of artificial construction, either indoors or outdoors, used for wading or other aquatic recreation, together with the sides and bottom of the pool, buildings, equipment and appurtenances of such pool, being not over 30 inches in depth in any place in the pool.

A. PRIVATE WADING POOL A wading pool used only by the owner of the pool and friends as an accessory use at a private residence.

B. PUBLIC WADING POOL Any wading pool other than a private wading pool, public or semipublic in character.

C. CLUB WADING POOL A wading pool used by a group or institution on a noncommercial basis for members and friends only.

D. COMMERCIAL WADING POOL A public wading pool which is located on land not publicly owned and operated on a commercial basis or primarily for private gain.

PORCH

A roofed-over structure projecting from the front, side or rear wall of a building.

PORCH, ENCLOSED

A porch which contains jalousies, permanent glass or louvered windows, screens, panels or any other material on one or all of its sides projecting from the building.

PORCH, UNENCLOSED

A porch that is not enclosed in any way by screens, glass, panels or other material, with the exception of a balustrade or railing not to exceed three feet in height above the floor of such porch.

PRINCIPAL BUILDING

A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the "principal building" on the lot on which such building is situated.

PUBLIC GROUNDS

Includes:

A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.

B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

C. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting, held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.

PUBLIC NOTICE

Notice published once each week for two 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 seven days from the date of the hearing.

PUBLIC STREET OR ALLEY

A street or alley designated on the Official Borough Street Plan, whether dedicated and opened or not, for the Borough of Middleburg.

REPAIR

Any construction which replaces materials but does not change the height, number of stories, size or location of a building or other structure.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other 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.

ROOMING (BOARDING) HOUSE

A building or part thereof designed for and occupied as a residence containing one or more rooming units and in which resides the owner of said building or his authorized agent.

ROOMING UNIT (BOARDING UNIT)

A building or part thereof in which a room or rooms intended to be used for living and sleeping, but not for cooking and eating purposes, is/are let to one or more persons.

SCHOOL, NONPROFIT

A public school, parochial school or school, either elementary or secondary, recognized under the education laws of the state.

SCHOOLS and EDUCATIONAL SERVICES

A business college, trade school, music conservatory, art or dance school or similar organization offering training in a specific field.

SERVICES TO DWELLINGS AND OTHER BUILDINGS

An establishment engaged in furnishing specialized services, such as, but not limited to, janitorial service, floor waxing, office cleaning, window cleaning, disinfecting and exterminating services, to dwellings and other buildings.

SETBACK LINE

A line drawn parallel with the street line and being drawn a distance therefrom by the amount of the required front yard for the district in question. For a corner lot possessing frontage on two public streets, the "setback lines" shall be determined by the following standards:

A. That at least one front yard shall be provided the full depth required generally for the district in question.

B. That the second front yard shall not have less than 1/2 the full depth required generally for the district in question.

SETBACK, SIGN

The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the sign or its supporting member, whichever is nearest to the property line or right-of-way.

SIGHT TRIANGLE

A triangular-shaped portion of land established at intersections in which nothing may be erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SIGN

Any object, display or structure, or part thereof, 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, figures, designs, symbols, fixtures, colors, illumination, or projected images. The term "sign" does not include the flag of the United States of America or the Commonwealth of Pennsylvania, works of art which in no way identify a product or business, or scoreboards located on athletic fields.

SIGN, ABANDONED

A sign erected on, or related to, the use of a property which becomes vacant and unoccupied or any sign which relates to a time, event, or purpose which is past.

SIGN, AWNING

A sign attached to, painted, or printed onto an awning, of the hinged, roll, or folding type.

SIGN, BANNER

A sign intended to be hung, either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind.

SIGN, CANOPY

A sign attached to, painted, or printed onto a canopy. For the purposes of this chapter, the permitted size of a canopy sign will be calculated on the basis of the size of the building wall parallel, or substantially parallel, to a street. It will, for measuring purposes, be considered a wall sign.

SIGN, CONSTRUCTION

A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.

SIGN, DIRECTORY

A sign on which the names and locations of occupants or the use of a building or property is identified.

SIGN, FLASHING

A sign that uses an intermittent or flashing light source or windblown and/or mechanically moved reflective material to attract attention.

SIGN, FREESTANDING

Any sign that is not affixed to a building and is securely and permanently mounted in the ground. Such sign may include a ground, pole or monument sign.

SIGN, GOVERNMENT

Any temporary or permanent sign erected and maintained for any government purposes, other than signs placed on the premises of a publicly owned building, structure or other land use, designed to identify the public and land use. Examples of government signs include speed limit signs, city limit signs, street name signs, and traffic signs. Conversely, a sign placed on a public building, such as library, school or public safety building, which identifies said building shall not be considered a government sign.

SIGN, GROUND-MOUNTED

Any sign which extends from the ground or which has supports which place the bottom thereof less than two feet from the ground directly beneath the sign.

SIGN, LOGO

A sign used by the Pennsylvania Department of Transportation on limited access highways to direct motorists to nearby businesses and services.

SIGN, LUMINOUS

A sign illuminated through the use of phosphorescent or luminescent paint or materials.

SIGN, MARQUEE

Any sign attached to a marquee for the purpose of identifying a movie theater or similar place of entertainment.

SIGN, OFF-PREMISES

A sign that draws attention to, provides direction, or communicates information about a business, service or commodity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises where the sign is located.

SIGN, ON-PREMISES

A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.

SIGN, POLE

A detached sign erected and maintained on a freestanding frame, mast, or pole and not attached to any building, but not including ground-mounted signs. The bottom of such signs shall be greater than two feet from the ground directly beneath the sign.

SIGN, POLITICAL

Any temporary sign pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.

SIGN, PORTABLE

Any sign not permanently attached to the ground or other permanent structure, including those signs which may be transported to the site on wheels or a truck; signs constructed as or converted to an A- or T-frame sign; or umbrellas used for advertising purposes. Such sign, whether or not bolted to the ground, shall nonetheless be deemed to be a "portable sign."

SIGN, PROJECTING

Any sign, other than a wall, awning, canopy, or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted.

SIGN, PUBLIC INTEREST

A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public, such as "Warning" and "No Trespassing" signs.

SIGN, REAL ESTATE

A sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.

SIGN, ROOF

A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.

SIGN TYPE

The purposes of the permitted sign types are defined as follows:

A. ADVERTISING A sign which directs attention to a business, product, service, activity or entertainment not conducted upon or offered upon the premises where such sign is located.

B. BUSINESS IDENTIFICATION A sign which indicates only the name and address of the building, occupant or management of the premises on which such a sign is situated.

C. ON-SITE ADVERTISING A sign which directs attention to a business, profession, product, service, activity or entertainment sold or offered upon the premises where such sign is located.

D. PUBLIC A sign erected by a public or semipublic agency to promote the general health, safety, morals or general welfare of the Borough.

SIGN, VEHICULAR

Signs on parked vehicles visible from any street where the sign on the vehicle is to advertise a product or to direct people to a business or activity located on the same or other property. Vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other transportation purposes.

SIGN, WALL

Any sign directly attached to an exterior wall of a building or dependent upon a building for its support, with its exposed face parallel or approximately parallel to the plane of the building or structure on which it is placed. Signs directly painted on walls shall be considered "wall signs."

SIGN, WINDOW

A temporary or permanent sign which is oriented to the public right-of-way and is located on the inside or outside of a window.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.

STATION, CHARTER BUS, INTERBOROUGH BUS, LOCAL BUS AND MASS TRANSIT PASSENGER

A building (on a separate parcel) which is a regular stopping place on a transportation route. Such a building is primarily for the use of passengers.

STORY

That portion of a building wholly above ground, included between the surface of any floor and the surface of the floor next above, having a floor area that is 50% or more of the floor area of the story immediately below and with a ceiling height of at least seven feet.

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.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STUDIO UNIT

See "bachelor unit."

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

TEMPORARY HOUSING

A structure or part thereof operated on a nonprofit basis to house families or individuals who are victims of disasters, who are affected through an act on the part of or on behalf of the Borough other than the normal project relocation activities, and those persons faced with bona fide emergency housing needs. The structure and its operation must meet the following special conditions:

A. The structure must be maintained in a condition suitable to the public health, welfare and safety of the community.

B. The building and its operation must be kept under constant supervision by the nonprofit organization or its authorized agent, and the occupants of the temporary housing facility shall be guests of the nonprofit sponsor and shall not pay any rent and/or other financial consideration for the right of occupancy.

C. The structure, in order to continue its temporary housing status, must have a review and approval by the Zoning Hearing Board every two years through the special exception process. The Zoning Hearing Board, while considering the special exception either for a new facility or for the renewal of an existing facility, shall determine that a definite need exists for the continuance of an existing facility or for the approval of a new facility prior to granting of the special exception.

D. Further, in order to continue operation, the nonprofit sponsor must comply with any further restrictions the Zoning Hearing Board may deem necessary.

E. The use of any structure for temporary housing is also subject to any other applicable Borough codes or ordinances dealing with housing. Prior to the granting of the special exception, the Zoning Hearing Board shall request and receive the approval of the Department of Public Safety.

TERMINAL, MOTOR OR RAILROAD FREIGHT

A building (on a separate parcel) which serves as the end of a freight carrier line, including its handling and storage facilities.

USE

The application of a building or lot for a particular purpose, being one or several of the uses as itemized under Part 5, Schedule of District Regulations, Table of Permitted Uses.

USE PERMITTED BY RIGHT ("X")

A use which would not be detrimental to the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare in any portion of a particular zoning district where such use is permitted.

USE PERMITTED BY SPECIAL EXCEPTION ("S")

A use that, where specified, would not be appropriate generally or without restriction through a particular zoning district, but which, if controlled as to its relationship and compatibility with the general neighborhood as outlined under § 27-1105, would not be detrimental to the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare of the zoning district. As used in this chapter, a special exception may be permitted only where specified under Part 5, Schedule of District Regulations, Table of Permitted Uses, located at the end of this chapter, and any such use meets the requirements of § 27-1105 prior to Zoning Hearing Board approval. In no case shall a special exception be granted for the establishment of a use otherwise prohibited, nor shall a special exception be granted because of the presence of nonconformities within a particular zoning district or adjoining zoning districts.

VARIANCE

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

YARD

A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard, subject to height limitations as indicated under Part 6, Additional Regulations. The accompanying diagram illustrates the location of front, rear and side yards on a rectangular lot.

YARD, FRONT

A yard extending between side lot lines between the front building line and the street line across the front of a lot, and being the required setback line or building setback line.

YARD, REAR

A yard extending between side lot lines between the rear building line and the rear lot line across the back of the lot.

YARD, SIDE

A yard extending from the rear line of the required front yard to the rear line of the required rear yard, being between the side building line and the side lot line.

[1] Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.