For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
"Used" or "occupied" as applied to any land or building
include the words "intended, arranged, or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but
is not mandatory. "Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also regulate
the plural, and the masculine shall include the feminine, and vice
versa.
F.
Any word or term not defined in this chapter shall
have its plain and ordinary meaning within the context of the section.
A standard reference dictionary should be consulted.
G.
The words "such as," "includes," "including" and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation,
partnership, trust, organization or association, as well as an individual.
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
The definition in the State Motor Vehicle Code[1] shall apply. As of 2003, such definition was as follows:
A motor vehicle that is inoperable and is left
unattended on public property for more than 48 hours; or
A motor vehicle that has remained illegally
on public property for a period of more than 48 hours; or
A motor vehicle without registration plates
left standing on or along the highway; or
A motor vehicle that has remained on private
property without the consent of the owner or person in control of
the property for more than 48 hours; provided that vehicles and equipment
used or to be used in construction, or the operation or maintenance
of public utility facilities and which are left in a manner which
does not interfere with the normal movement of traffic shall not be
considered abandoned vehicles for the purposes of this Act.
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar equipment.
[Added 8-7-2017 by Ord.
No. 1354]
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a building. A portion of a principal building used
for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
The use of an existing building for a purpose other than
the use for which it was originally designed, that conserves a substantial
portion of the original/existing exterior walls of the building and
any portion of the roof integral thereto, and that conserves a substantial
portion of the footprint of the building, consistent with the uses
and the dimensional requirements permitted in the district.
[Added 6-1-2009 by Ord. No. 1238]
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
An establishment in which over 10% of the total floor area
is occupied by books, films, periodicals and video tapes which are
distinguished by a clear emphasis on displaying uncovered male or
female genitals or specified sexual activities or by or paraphernalia
or novelties related to specified sexual activities and which items
are offered for sale, rent or receipt of coins or tokens. If such
items are within a room(s) that is restricted to persons age 18 or
older, then this definition shall apply to any establishment in which
over 10% of the floor area is within such restricted room(s).
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimers disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays, but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual specified sexual activities related to some
form of monetary compensation paid to a person or entity involved
in such activity or establishment.
A use involving the presentation to three or more persons
at one time in a room of motion pictures, video tapes or similarly
reproduced images distinguished or characterized by an emphasis on
depiction of specified sexual activities for observation by such persons
and that is related to some form of monetary compensation paid by
the persons viewing such matter.
Includes any of the following uses: adult bookstore, adult
movie theater, massage parlor or adult live entertainment facility/use.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
A vehicle right-of-way having a maximum right-of-way width
of 16 feet and that usually provides secondary access to the side
or rear on one or more lots, and which is not intended for through
traffic.
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (other than a satellite dish
antenna which is treated separately) or for transmitting short-wave
or citizens band radio frequencies. This shall include antennae used
by an amateur ham radio operator or by a contracting business or utility
to communicate with its employees, but shall not include a commercial
communications antenna. This term includes any accessory supporting
structures.
See "dwelling types."
The definition in the State Municipalities Planning Code,
as amended, shall apply.
Any entity or person that applies for a wireless communications
facility building permit, zoning approval and/or permission to use
the public right-of-way, Borough-owned land, or other property.
[Added 8-7-2017 by Ord.
No. 1354]
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
An area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 280-29.
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. See requirements in § 280-29.
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include activity meeting the definition of a "truck stop." See storage limits and other requirements in § 280-29.
The portion of a building that is partly or completely below
grade. See the definition of "story."
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined in this section or any equipment associated with a tower.
[Added 8-7-2017 by Ord.
No. 1354]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
(i.e., wi-fi) and fixed wireless services (i.e., point-to-point microwave
transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiberoptic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
[including distributed antenna systems (DAS) and small-cell networks].
The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this chapter, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 280-29 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 280-29.
A residential use in which: (a) room(s) that do not meet
the definition of a lawful dwelling unit are rented for habitation;
or (b) a dwelling unit includes greater than the permitted maximum
number of unrelated persons. A boardinghouse shall not include a use
that meets the definition of a hotel, dormitory, motel, life care
center, personal care center, bed-and-breakfast inn, group home or
nursing home. A college fraternity or sorority house used as a residence
shall be considered a type of boardinghouse. A boardinghouse may either
involve or not involve the providing of meals to residents, but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boardinghouse shall primarily
serve persons residing on-site for five or more consecutive days.
Borough of Catasauqua, Lehigh County, Pennsylvania.
A strip of land that (a) separates one use from another use or feature; and (b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 280-56.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot, by the total lot
area of the lot upon which the buildings are located.
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
The diameter of a tree trunk measured at a point six inches
from the top of the root ball of the tree.
[Added 11-7-2005 by Ord. No. 1189]
A low intensity character of a tract with five or more acres
involving low lot coverage by buildings (typically less than 20%)
and substantial open space and green area (typically more than 35%).
[Added 6-1-2009 by Ord. No. 1238]
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale from November 15 to December 30 of trees that were produced on
the premises.
See "place of worship."
A use that is integral to the Waterfront Overlay District
that consists of common areas that enhance the quality of life of
the residents and property owners and are open to the general public,
such as a green area.
[Added 11-7-2005 by ord. No. 1189]
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Added 8-7-2017 by Ord.
No. 1354]
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, and that does not meet the definition of a "standard antenna." Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system or for cellular telephone communications. See § 280-29.
The CD, CG, TC, O, A and INS-1 and INS-2 Zoning Districts.
[Amended 6-1-2009 by Ord. No. 1238]
A use permitted in the Commercial and Town Center Districts.
[Amended 6-1-2009 by Ord. No. 1238]
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communications services. An antenna shall not include private
residence-mounted satellite dishes or television antennas or amateur
radio equipment including, without limitation, ham or citizen band
radio antennas.
[Added 8-7-2017 by Ord.
No. 1354]
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a treatment center.
A use that is only allowed under this chapter if conditional use approval is obtained. Conditional use approval shall be required from Borough Council, after the Planning Commission is provided an opportunity for a review. See Article I.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned
Community Act of 1996, as amended.[2]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
An alcoholic beverage product manufactured by a small, independent
and privately held brewery, limited winery or limited distillery with
a principal office for doing business, or a craft beverage production
facility, located in the Borough of Catasauqua and subject to regulation
and licensing by the Commonwealth of Pennsylvania, the flavor of which
is derived from traditional or innovative ingredients, manufacturing
techniques and their fermentation. This term shall include wine, liquor,
mead, malt or brewed beverages, potable distilled spirits and other,
similar alcoholic drinks or drinkable liquids, all as defined in and
regulated under the Pennsylvania Liquor Code.[3]
[Added 6-6-2016 by Ord.
No. 1332; amended 2-5-2018 by Ord. No. 1364]
A small, independent facility that manufactures craft beverages, including breweries of malt or brewed beverages, limited wineries and limited distilleries. A craft beverage production facility is a special exception use which shall include a tasting room, and which shall offer for retail sale craft beverages manufactured on the premises. A craft beverage production facility may offer for retail sale craft beverages manufactured off of the premises by the owner thereof, or others, and may distribute on a wholesale basis craft beverages manufactured by the owner of the craft beverage production facility. See § 280-29A(40) for specific requirements relating to the use.
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
A process provided in the Municipalities Planning Code that
permits a municipality to address the potential invalidity of portions
or all of its own Zoning Ordinance.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or "Head Start" programs. See
also the definition of "adult day care center."
The following three types of day care are permitted
without regulation by this chapter:
FAMILY DAY CARE HOME or CHILD DAY CARE AS AN ACCESSORY USEA type of day care use that is accessory to and occurs within a dwelling unit, and provides care for four to six children at one time who are not relatives of the primary care giver. See § 280-30.
GROUP DAY CARE HOMEA type of day care use that provides care for between seven and 12 children at one time who are not relatives of the primary care giver; provides care within a dwelling unit; and is registered with the applicable state agency. [Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.]
CHILD DAY CARE CENTERA type of day care use that provides care for seven or more children at any one time who are not relatives of the primary care giver; does not meet the definition of a "group day care home"; and is registered with the applicable state agency. [Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.] See § 280-29.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral
palsy, epilepsy or autism.
Found to be attributable to any other conditions
found to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of mentally retarded persons or requires
treatment and services similar to those required for such persons.
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area.
[Added 8-7-2017 by Ord.
No. 1354]
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A residential facility that only houses full-time students
and staff-persons of an accredited college or university, and which
does not meet the definition of "dwelling units."
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings or their accessory
buildings, and which does not meet the definition of a "street" or
an "alley."
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
This chapter categorizes dwellings into the following types:[5]
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of Article VIII.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership.
MIDRISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
SECTIONAL OR "MODULAR" HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/ manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/ manufactured home.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; is designed for permanent occupancy; which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home," which is defined above. See standards in § 280-29.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 280-29.
A single habitable living unit occupied by only one family.
(See definition of "family.") Each dwelling unit shall have its own
toilet, bath or shower, sink, sleeping and cooking facilities, and
separate access to the outside or to a common hallway or balcony that
connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or two
separate and distinct sets of kitchen facilities.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving: i) co-location of new transmission
equipment; ii) removal of transmission equipment; or iii) replacement
of transmission equipment.
[Added 8-7-2017 by Ord.
No. 1354]
Any tower or base station, provided that it is existing at
the time the relevant application is filed.
[Added 8-7-2017 by Ord.
No. 1354]
A condition that:
[Added 8-7-2017 by Ord.
No. 1354]
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This use may
include housing for emergency personnel while on-call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
[Added 8-7-2017 by Ord.
No. 1354]
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 280-25. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or a maximum of three unrelated individuals who maintain a common household and live within one dwelling unit. A dwelling unit shall be occupied by a maximum of one family. A "family" shall also expressly include numbers of unrelated persons allowed by the group home provision of § 280-29 residing within an approved group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
Federal Communications Commission.
[Added 8-7-2017 by Ord.
No. 1354]
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete or similar materials shall be considered a wall. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. See § 280-30.
An establishment primarily involved with monetary, not material,
transactions and that has routine interactions with the public.
See definitions of "floodplain" and related terms in § 280-34.
Soil types found in the latest version of the Soil Survey
of Lehigh County, Pennsylvania, prepared by the United States Department
of Agriculture (Natural Resources Conservation Service), dated November
1963, including all updates and revisions as being "on the floodplain"
or "subject to flooding." Floodplain soils include, but are not limited
to: alluvial land; Alton gravelly loam, flooded, Bowmansville silt
loam; Hatboro silt loam; marsh; Pope loam; Rowland silt loam.
[Added 8-7-2017 by Ord.
No. 1354]
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: fully enclosed porches; and basement or cellar or attic
space that is potentially habitable and has a minimum head clearance
of at least seven feet. Floor area shall not include unenclosed porches,
decks or breezeways.
A nonfreestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
[Added 8-7-2017 by Ord.
No. 1354]
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 280-30.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 280-37.
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Catasauqua Borough. This term shall not include uses listed separately in the table of uses in Article III, such as publicly owned recreation. This term shall not include a prison.
The landscaped space among buildings within which a civic
use is located. The green area shall include a plaza, courtyard, promenade,
or other outdoor space in which features are installed and maintained,
such as benches, gazebos, pergolas, trellises, planters, plantings,
lighting, kiosks, fountains, clock towers, and the like.
[Added 11-7-2005 by Ord. No. 1189]
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the individual served
due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and all persons subject to protection under the Federal
Fair Housing Act Amendments of 1988. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use. [Note: The Federal Fair Housing Act
Amendments 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." This definition was subsequently
adjusted by Section 512 of the Americans with Disabilities Act to
address certain situations related to substance abuse treatment.]
Group homes shall be subject to the same limitations
and regulations by the Borough as the type of dwelling unit they occupy.
It is the express intent of the Borough to comply
with all provisions of the Federal Fair Housing Act, as amended, and
regulations promulgated thereunder, in the construction of this term.
A group home shall not include a treatment center.
See standards in § 280-29.
A product or waste, or combination of substances, that because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into ground water resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to, materials which are included on the latest edition
of one or more of the following lists:
Amounts above the federally required reportable volumes of
hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 Code of Federal Regulations Part 1910, or its successor
provisions.
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in § 280-55. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article VII, entitled "Signs."
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 280-30. A light home occupation shall be a home occupation that meets the additional requirements for a light home occupation stated in § 280-30. A general home occupation shall be a home occupation that does not meet the requirements for a light home occupation.
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an "office." A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professionals.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a "boardinghouse" and shall meet
the requirements of that use. See also "bed-and-breakfast" use. A
hotel or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is not the principal use of the property.
A surface that prevents the percolation of water into the
ground.
The IO and A Zoning Districts.
A use by a governmental, public, municipal, civic, or other
like-type entity in the form of a public or private school, library,
museum, community center, meeting hall, or the like.
[Added 6-1-2009 by Ord. No. 1238]
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials. Junk shall not include:
Solid waste that is temporarily stored as is
customary in an appropriate container that is routinely awaiting collection
and disposed of in a manner consistent with state regulations;
Toxic wastes;
Grass clippings, leaves, tree limbs or similar
yard waste materials; or
Items clearly awaiting imminent recycling at
an approved recycling facility.
Includes any vehicle or trailer that meets any
of the following conditions:
Cannot be moved under its own power, in regards
to a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs;
Cannot be towed, in regards to a trailer designed
to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body
or chassis;
Includes only the axle, engine, body parts and/or
chassis, separated from the remainder of the vehicle; and/or
Has had all of the tires removed from the vehicle
or has had one or more windows broken or removed from the vehicle
for more than 10 days.
See also the definition of "unregistered vehicle."
Land or a structure used for the collection,
storage, dismantling, processing and/or sale, other than within a
completely enclosed building, of material of one or more of the following
types:
Junk. (See definition.)
Three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the requirements of § 280-29 for an auto repair garage or auto service station.
One or more mobile/manufactured homes that are
not in a habitable condition.
Junk stored within a completely enclosed building
for business purposes shall be considered a warehouse.
A junkyard specifically shall include but not
be limited to any metal scrap yard or auto salvage yard.
The keeping of a greater number of dogs and/or cats than
are permitted under the "keeping of pets" provisions of this chapter.
A kennel may also serve other animals.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
A residential use designed and operated exclusively for adults
of 55 years of age or older and/or physically handicapped persons
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, horses, poultry or insects beyond what is allowed under the "keeping of pets" section of § 280-30 and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A ground floor business use, such as an office, studio, shop,
cafe, or personal service establishment, or other place of business
in combination with a dwelling unit and/or an office located above
such place of business. A person or persons other than the proprietor
of the ground floor business may occupy the dwelling unit portion
and/or office portion of a live-work unit.
[Added 11-7-2005 by Ord. No. 1189; amended 6-1-2009 by Ord. No.
1238]
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. A lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
Areas within the designated future or existing
legal rights-of-way of: any proposed or existing public streets or
alleys; or any proposed or existing commonly maintained private streets
that serve more than one lot. (Note: Other sections of this chapter
may specifically permit proposed streets to be included in determining
density for a specific use.)
Areas that are currently or will be required
to be dedicated as common open space on a separate lot. (Note: Other
sections of this chapter may specifically permit proposed common open
spaces to be included in determining density for a specific use.)
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.[6]
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing street right-of-way. A corner lot shall have two front yards. See § 280-56B concerning corner lots.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's or persons' skin
other than the face or neck by another person(s) that is related to
certain monetary compensation, and which does not involve persons
who are related to each other by blood, adoption, marriage or official
guardianship.
An establishment that meets all of the following criteria:
Massages are conducted.
The use does not meet the definition of "massage
therapy, certified" and the person conducting the massage is not licensed
as a health care professional by the state.
The massages are not conducted within a licensed
hospital or nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or
semiprivate rooms.
The use is not clearly a customary and incidental
accessory use to a permitted exercise club or to a high school or
college athletic program.
A use involving performance of massages by a person licensed
or certified by the state as a massage therapist or certified by a
recognized national organization that requires over 60 hours of professional
training. This use shall be considered a type of personal service.
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
Mineral extraction includes but is not limited to the extraction of
sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
Minimum height necessary for a WCF to function satisfactorily.
[Added 8-7-2017 by Ord.
No. 1354]
Two or more principal uses on a lot that are permitted in
specified districts.
[Added 6-1-2009 by Ord. No. 1238]
Development in the Waterfront Overlay District consisting
of three or more uses, often involving a new street and/or alley,
and always including civic or green space.
[Added 11-7-2005 by Ord. No. 1189]
See under "dwelling types."
A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park." See § 280-29.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 8-7-2017 by Ord.
No. 1354]
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
[Added 8-7-2017 by Ord.
No. 1354]
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate to carry persons or cargo on roads and that is powered by
mechanized means.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[7]
Any use owned or operated by the Borough of Catasauqua.
[Added 6-1-2009 by Ord. No. 1238]
A building owned, operated and maintained by a lawful entity,
which is devoted to the acquisition, conservation, study, exhibition,
and educational interpretation of objects having scientific, historical,
or artistic value.
[Added 11-7-2005 by Ord. No. 1189]
An establishment dispensing meals and beverages, and in which
music and entertainment is conducted, excluding adult uses.
[Added 11-7-2005 by Ord. No. 1189]
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter, or amendments hereinafter enacted.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 280-58.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 280-58.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 280-29.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall not include retail uses, hospital uses,
and kennels, but may include business offices, medical offices, veterinary
offices, laboratories, photographic studios and/or television or radio
broadcasting studios.
[Amended 11-7-2005 by Ord. No. 1189]
The map as adopted by Borough Council which designates the
location and boundaries of zoning districts.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public;
Is covered by a system that ensures perpetual
maintenance, if not intended to be publicly owned;
Will be deeded to the Borough and/or deed restricted
to permanently prevent uses of land other than "common open space"
and noncommercial recreation; and
Does not use any of the following areas to meet
minimum open space requirements:
Existing street rights-of-way;
Vehicle streets or driveways providing access
to other lots;
Land beneath building(s) or land within 20 feet
of a building (other than accessory buildings and pools clearly intended
for noncommercial recreation and other than agricultural buildings
and a farmstead which are permitted within land approved by the Borough
for agricultural preservation);
Off-street parking (other than that clearly
intended for noncommercial recreation);
Area(s) needed to meet a requirement for an
individual lot;
For land intended to be open to the public,
that does not have provisions for entry with a twenty-foot minimum
width by pedestrians from a street open to the public or from an adjacent
common open space area that has access to such a street;
Land that includes a stormwater detention basin,
except for a basin or portions of a basin that the applicant proves
to the satisfaction of Borough Council would be reasonably safe and
useful for active or passive recreation during the vast majority of
weather conditions;
Portions of land that have a width of less than
20 feet.
The Catasauqua Borough Zoning Ordinance, including the Official
Zoning Map, as amended.
A courtyard of a building used for the purpose of furnishing
food and beverages to the public to be consumed on the premises, or
an area on the sidewalk directly abutting and adjacent to and upon
the same lot as a restaurant or other permitted use.
[Added 6-1-2009 by Ord. No. 1238]
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of this chapter. A nonconforming use shall not be considered to be
a permitted-by-right use, a special exception use or a conditional
use.
Shall mean "assisted living facility."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any "adult uses," as herein defined.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 280-30.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 280-29.
A planned community consisting of one or more of the following dwelling types: apartments, mid-rise apartments, twin dwelling units and townhouses; meeting the specific standards set forth in Article IV hereof; and to the extent not inconsistent with the requirements of Article IV, meeting all other applicable requirements of this chapter.
[Added 3-4-2013 by Ord. No. 1286]
See "Commission."
The main street along which an existing or proposed building
has frontage, and from which access to a building is achieved through
a front door and entryway.
[Added 11-7-2005 by Ord. No. 1189]
A principal structure which is also a building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public.
Notice required by the Municipalities Planning Code. (Note:
As of the adoption date of this chapter, for a Zoning Hearing Board
hearing or an amendment to this chapter, such Act generally required
a legal advertisement published once each week for two successive
weeks in a newspaper of general circulation in the Borough, which
states the time and place of a meeting/hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication not less than
seven days from the meeting/hearing date.)
A parking deck with up to three levels, not exceeding 45
feet in height, which is owned by a public entity, and which may include
ground floor offices and/or shops.
[Added 6-1-2009 by Ord. No. 1238]
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests. Publicly owned recreation is a distinctly different
use from indoor recreation or outdoor recreation.
INDOOR RECREATIONA type of recreation use that does not meet the definition of "outdoor recreation," and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 280-25.
OUTDOOR RECREATIONA type of recreation use that has a total building coverage of less than 15%, and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 280-25, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted-by-right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
[Added 8-7-2017 by Ord.
No. 1354]
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted in a
household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
The R-1, R-2, R-3 and CN Zoning Districts.
The lot line of a lot that:
An establishment that sells ready-to-consume
food or drink and that routinely involves the consumption of at least
a portion of such food on the premises.
A restaurant may include the accessory sale
of alcoholic beverages. However, if such sale is a primary or substantial
portion of the total trade, the requirements of a tavern or nightclub,
as applicable, must be met.
See "drive-through service" in this section.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
The surface of and space above and below any real property
in the Borough in which the federal government, commonwealth, municipality
or municipal authority has a regulatory interest, or interest as a
trustee for the public, as such interests now or hereafter exist,
including, but not limited to, all streets, highways, avenues, roads,
alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other
public places, area or property under the control of the federal government,
commonwealth, municipality or municipal authority, and any nonexclusive
public or utility easement established, dedicated, platted, improved
or devoted for utility purposes. Private rights-of-way and other government-owned
lands not listed above shall not be considered a right-of-way. The
phrase "in the right(s)-of-way" means in, on, over, along, above and/or
under the right(s)-of-way.
[Amended 8-7-2017 by Ord.
No. 1354]
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently own or hold another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
See "boardinghouse."
[Amended 6-1-2009 by Ord. No. 1238]
PUBLIC OR PRIVATE PRIMARY OR SECONDARYAn educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools (such as privately operated schools of trade, vocation or business).
OTHER SCHOOLA school, other than a public or private primary or secondary school, including a vo-tech school, trade school, business school, nursing or medical school, a community college.
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 280-56D.
See under "dwelling units."
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent future street right-of-way or exterior
lot line (when the property is not abutted by a right-of-way). Such
line shall be measured at right angles from and parallel to the front
lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 280-56B.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street, if a right-of-way exists. If a private
street does not have a right-of-way, the setback shall be measured
from the edge of the cartway.
An area required to be kept free of certain visual obstructions to traffic. See § 280-56.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 280-52 and 280-44. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
See § 280-52.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
For towers other than towers in the public right-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
[Added 8-7-2017 by Ord.
No. 1354]
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 280-16.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed WCF into the existing structure or visual backdrop in such
a manner as to render it less visible to the casual observer. Such
methods include, but are not limited to, architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure and facilities constructed to resemble trees,
shrubs, light poles, utility poles or flag poles.
[Added 8-7-2017 by Ord.
No. 1354]
A portion of a building between the upper surface of a floor
and the upper surface of the floor or roof next above. For the purposes
of determining maximum height in this chapter, a floor level shall
be considered a story if it meets the definition of an "aboveground
story" in the Building Code.[8] (Note: Such provisions often allow a rear walkout basement
to not count as a story.) If a floor level has a clear ceiling height
less than seven feet and is not designed for habitation (such as attic
storage), then the level shall be considered a half-story.
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably. Streets
shall be classified as "arterial streets," "collector streets" and
"local streets" as categorized in the Borough Comprehensive Plan.
The space formed by buildings located close to the street
which is embellished with sidewalks, street trees, streetlights, curbs,
on-street parking, and cartways. The streetscape is framed by buildings
located across from one another that create an “outdoor room”
character, the horizontal dimension of which is in the range of 60
to 95 feet.
[Added 11-7-2005 by Ord. No. 1189]
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
The definition in the Subdivision and Land Development Ordinance
shall apply.
The Catasauqua Borough Subdivision and Land Development Ordinance,
as amended.[9]
The modifications or proposed modifications to the physical
dimensions of a tower, tower-based WCF, or base station that meet
any of the following criteria:
[Added 8-7-2017 by Ord.
No. 1354]
Towers outside rights-of-way:
It increases the original height of the tower by more than 10%
or by the height of one antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater.
It protrudes from the edge of the tower more than 20 feet, or
more than the width of the tower structure at the level of the appurtenance,
whichever is greater.
Towers inside rights-of-way:
It increases the height of the tower by more than 10% or 10
feet, whichever is greater.
It protrudes from the edge of the tower more than six feet.
The installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets.
The installation of ground cabinets that are more than 10% larger
in height or overall volume than any other ground cabinets associated
with the structure.
Base stations (regardless of location):
It increases the height of the structure by more than 10% or
10 feet, whichever is greater.
It protrudes from the edge of the tower more than six feet.
The installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets.
The installation of ground cabinets that are more than 10% larger
in height or overall volume than any other ground cabinets associated
with the structure.
It involves the installation of more than the standard number
of new equipment cabinets for the technology involved, but not to
exceed four cabinets.
It entails any excavation or deployment outside the current
site of the tower, wireless support structure, or base station.
It does not comply with the conditions associated with the prior
approval of the tower, wireless support structure, or base station
unless the noncompliance is due to an increase in height, increase
in width, addition of cabinets, or new excavation that does not exceed
the corresponding "substantial change" thresholds.
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 280-30.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool."
A required component of a craft beverage production facility
which offers to the general public an opportunity to consume craft
beverages and which is operated in conformance with all applicable
federal, state and local laws, regulations and ordinances.
[Added 2-5-2018 by Ord.
No. 1364]
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after-hours club." The sale
of food may also occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The storage of more than 150 used tires on a lot. See "outdoor storage" in § 280-30.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any FCC-licensed or
authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services (i.e., wi-fi) and fixed wireless
services (i.e., point-to-point microwave transmission) such as microwave
backhaul, and the associated site. A building, water tower, electrical
transmission tower, utility pole, light pole, traffic signal pole,
flag pole or other similar structure designed and constructed for
a sole or primary purpose other than supporting any FCC-licensed or
authorized antennas and their associated facilities, as well as a
Ft. Worth attachment shall not be considered a tower.
[Added 8-7-2017 by Ord.
No. 1354]
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (i.e., building, water tower,
utility pole, light pole, traffic signal pole, flag pole or other
similar structure) to support the weight of a WCF is not considered
a new tower-based WCF.
[Added 8-7-2017 by Ord.
No. 1354]
See "dwelling types."
A facility that is primarily intended for education of a
work-related skill or craft or a hobby, and does not primarily provide
state-required education to persons under age 16. Examples include
a dancing school, martial arts school, cosmetology school or ceramics
school.
A person involved with building trades, such as but not limited
to plumbing, electrical work, building construction, building remodeling,
and roofing.
A primarily residential development that meets the requirements for such use in § 280-27.
Equipment that facilitates transmission for any FCC-licensed
or authorized wireless communications service, including, but not
limited to, radio transceivers, antennas, coaxial or fiberoptic cable,
and regular and backup power supply. The term includes equipment associated
with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as a microwave
backhaul.
[Added 8-7-2017 by Ord.
No. 1354]
A dwelling unit that:
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker (except for antique vehicles exempted
from safety sticker requirements under state regulations). The term
also shall not include motor vehicles displaying a license and inspection
stickers that have each expired less than 90 days previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The area of all floors of a building exclusive of stairs,
elevators, bathrooms, closets, storage areas, mechanical equipment
rooms, and common hallways.
[Added 6-1-2009 by Ord. No. 1238]
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code. See § 280-11.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
Wireless communications facilities located on existing structures
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
[Added 8-7-2017 by Ord.
No. 1354]
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
[Added 8-7-2017 by Ord.
No. 1354]
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
[Added 8-7-2017 by Ord.
No. 1354]
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the Borough.
[Added 8-7-2017 by Ord.
No. 1354]
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal and
accessory structures within specified required minimum yard setbacks.
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces
towards a public street, whenever one public street abuts the lot.
See § 280-56 concerning yards along corner lots.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions, including regarding corner lots, through lots and front yard exceptions, in § 280-56.
Every lot shall include at least one front lot
line.
A yard extending the full-width of the lot and
which is always measured from along the rear line and which establishes
the minimum setback for the subject structure, and which stretches
between the side lot lines parallel to the rear lot line.
A principal building shall not extend into the
required rear yard setback for a principal building, and an accessory
structure shall not extend into the required rear yard for an accessory
structure, except as provided in this chapter.
Every lot shall include a rear lot line.
A yard which establishes the minimum setback
for the closest portion of the subject structure, and which is measured
from along the entire length of the side lot line, and which extends
from the front lot line to the rear lot line.
A structure shall not extend into the applicable
minimum side yard setback, except as provided for in this chapter.
See "corner lot" provision in § 280-56B.
Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under § 280-56B.
The Official Zoning Map of Catasauqua Borough, Lehigh County,
Pennsylvania.
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
The Catasauqua Borough Zoning Ordinance, as amended.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
[2]
Editor's Note: See 68 Pa.C.S.A. §§ 3101
and 5101 et seq., respectively.
[3]
Editor's Note: See 47 P.S. § 1-101 et seq.
[4]
Editor's Note: This ordinance also deleted the former definition
of “craft beverage restaurant,” which immediately followed
this definition.
[5]
Editor's Note: The sketches of dwelling types
which originally accompanied this definition are on file in the Borough
offices.
[6]
Editor's Note: The sample lot line configuration
sketches which originally accompanied this definition, the sketch
of lot lines and sketch of lot terms, are on file in the Borough offices.
[7]
Editor's Note: See 53 P.S. § 10101
et seq.
