For the purpose of this chapter, certain words
used in this chapter are defined below. Words used in the present
tense shall include the future. The singular number shall include
the plural, and the plural the singular. The word "shall" is mandatory
and not permissive. All other words, except for those words defined
in the Borough of Lake City Subdivision and Land Development Ordinance,[1] shall have their normal meaning as defined in the most
recent printing of the Webster's Third New International Dictionary
of the English Language, Unabridged.
As used in this chapter, the following terms
shall have the meanings indicated:
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use, including renewable
energy services, private swimming pools, detached garages, storage
buildings, etc.
Any agricultural use, as herein defined, including farming,
pasturage, agriculture, horticulture, floriculture, viticulture and
forestry, including the harvesting of timber. It shall exclude all
animal and poultry raising/husbandry.
A passage or way open to public travel which affords generally
a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation.
This term means, and shall include generally, man-made trees,
clock towers, bell towers, tall steeples, light poles and similar
alternative designs that camouflage or conceal the presence of antennas
on towers.
[Added 10-15-2001 by Ord. No. 347-01]
The vertical distance measured from the base of the antenna
support structure, at grade, to the highest point of the structure.
If the support structure is located on a sloped grade, then the average
between the highest and the lowest grades shall be used in calculating
height. This term shall apply as well to the height of any other structure
or facility mounted upon a support structure.
[Added 10-15-2001 by Ord. No. 347-01]
This term means, and shall include generally, any pole, telescoping
mast, tower, tripod or any other structure which supports a device
used in the transmitting or receipt of radio frequency energy, including,
but not limited to, communications antennas.
[Added 10-15-2001 by Ord. No. 347-01]
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns (Planning Code).
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plat or plan or
for the approval of a development plan (Planning Code).
Area of a lot or site calculated from dimensions derived
by horizontal projections of the site.
A story having more than 50% of its clear height below finished
grade. A basement is not considered part of interior living area unless
it is fully finished. (See "Cellar.")
A sign other than one indicating a business conducted on
the premises; a sign upon which advertising matter or any character
is printed, posted or lettered. It may be either freestanding or attached
to a surface of building or other structure.
The duly appointed (by Borough Council) Zoning Hearing Board
of the borough which is granted jurisdiction under this chapter to
render final adjudications (derived from Planning Code).
A building where lodging is provided, for compensation, for
three or more persons, and includes such issues as rooming, tourist,
lodging, bed-and-breakfast houses, etc.
Borough of Lake City, Erie County, Pennsylvania.
The duly elected governing body of the borough.
Anything constructed or erected, the use of which requires
a fixed location on ground or attachment to something having a fixed
location to the ground, including an addition to buildings, signs,
carports, porches and other building features.
The vertical distance from the average elevation at grade
level, to the highest point of the deck of a flat roof or mansard
roof, or to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs.
An imaginary line fixed by the required yard depth measured
from the property line to the nearest point that a building may be
constructed to the front, side and rear yards.
The written authorization issued by the Borough of Lake City
to permit the construction of a building or structure in accordance
with this chapter and/or other ordinances and regulations.
Any mobile sales business activity which renders service
to any portion of the Borough of Lake City.
Site and facilities for temporary lodging of sportsmen, fishermen,
campers, hunters and/or families.
In the case of an improved road, the portion which is paved
or improved for travel, and in the case of an unimproved road, the
entire grade surface.
A story having more than 50% of its clear height below the
average level of the surrounding ground. A cellar shall be counted
as 1/2 story for the purpose of height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet or if used for dwelling purposes. (See
"Basement.")
An establishment designed and intended for religious instruction
or public worship and designated as tax-exempt property by the Erie
County Tax Assessment Office.
An establishment operated for social, recreational, athletic
or educational purposes, but open only to members and not for the
general public.
Retail and wholesale establishments, professional offices,
lending institutions and food services engaging in an activity for
profit.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents, or residential development
other than the standard subdivision configuration, not including streets,
off-street parking areas, and areas set aside for public facilities.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
weather radar or any other wireless communications signals, including,
without limitation, omnidirectional or whip antennas and directional
or panel antennas, owned or operated by any person or entity licensed
by the Federal Communications Commission (FCC) to operate such service.
This definition 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 10-15-2001 by Ord. No. 347-01]
Any unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
[Added 10-15-2001 by Ord. No. 347-01]
A structure other than a building, such as a monopole or
self-supporting tower, designed and used to support communications
antennas. Guyed towers shall not be within this term and are not permitted.
[Added 10-15-2001 by Ord. No. 347-01]
A form of group/private ownership of space and use in a multifamily
dwelling.
Encompasses all of the major groups in the "Construction"
Division (15-17) of the Standard Industrial Classification of the
Federal OMB, including: general building contractors, heavy construction
contractors and special trade contractors.
The total allowable percentage of the lot area covered by
principal and accessory uses.
Final adjudication of the Board or Borough Council 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 Erie County Court of Common Pleas in Erie County, Pennsylvania
(derived from Planning Code).
The number of families that may be housed on a lot or group
of lots divided by the area in acres of the lot or group of lots computed
exclusive of any portion of a road right-of-way.
Final action by the Zoning Officer or Planning Commission
charged with the administration of this chapter or applications thereunder.
Determinations shall be appealable only to the Board (derived from
Planning Code).
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
A business that provides services to the occupants of a vehicle
from a window, booth or other structure designed to provide such services,
while the patrons are waiting in an off-street parking area. This
facility includes such establishments as drive-in banks, drive-in
beverage distributors, restaurants, laundries, service stations, car
wash, etc.
Any building designed or used as resident living quarters
for human habitation.
A building designed for, arranged or used for occupancy by
three or more families, living independently of each other with separate
living, cooking, sanitary and entrance facilities for each family.
A building designed for, arranged or used for occupancy by
more than one family, living dependently with each other with either
shared living, cooking, sanitary and/or entrance facilities. These
buildings include: boarding, rooming, tourist or lodging houses, bed-and-breakfast
homes, dormitories, fraternities, sororities, boarding/military schools,
hotels, motels, etc.
A permanent detached building designed for, arranged or used
for occupancy by one family on a separate lot of record.
A building designed for, arranged or used for occupancy by
two families, living independently of each other with separate living,
cooking, sanitary and entrance facilities for each family.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough of
Lake City.
The erection, construction, alteration or maintenance by
public utilities regulated by the Pennsylvania Public Utility Commission,
or municipal or other governmental agencies, of underground or overhead
gas, electric, steam or water transmission or distribution systems,
collection, communication supply or disposal systems and their essential
buildings, structures and facilities, including poles, wires, mains,
drains, sewers, pipes, conduit cables, fire alarm boxes, police call
boxes and traffic accessories in connection therewith, reasonably
necessary for the furnishing of adequate services by such public utilities
or municipal or other governmental agencies or for the public health
or safety or general welfare, but specifically excluding communications
antennas and communications towers, as defined in this chapter.
[Amended 10-15-2001 by Ord. No. 347-01]
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended 11-17-1997 by Ord. No. 331-97]
Encompasses all of the major groups in the "Finance, Insurance
and Real Estate" Division (60-67) of the Standard Industrial Classification
of the Federal OMB, including: banking, credit agencies other than
banks, security and commodity brokers and services, insurance carriers,
insurance agents and brokers and service, real estate, combined real
estate and insurance, and holding and other investment offices.
A private noncontinuous sale of surplus used household goods
which is held on the premises in a district not zoned for commercial
sales.
Encompasses all of the major groups in the "Public Administration"
Division (90-97) of the Standard Industrial Classification of the
Federal OMB, including: executive and legislative in general, justice
and public order and safety, finance and taxation and monetary policy,
administration of human resources, environmental quality and housing,
administration of economic programs and national security and international
affairs.
The interior portion of a principal building or structure,
which will be utilized for living, working or institutional purposes,
that is fully enclosed from the elements and supplied with electric
and heating/cooling utilities, exclusive of attached accessory uses
such as garages, porches, decks, etc., and includes the outer walls.
An administrative proceeding conducted by the Board pursuant
to Section 909.1 of the Planning Code.[1]
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas and other
attachments, facilities or structures of any type, mounted on the
tower.
[Added 10-15-2001 by Ord. No. 347-01]
The vertical distance measured from the ground level to the
highest point on a tower not constituting a communications tower,
including all facilities or structures of any type mounted on the
tower.
[Added 10-15-2001 by Ord. No. 347-01]
Any use customarily carried on entirely within a dwelling
by occupants thereof, which use is clearly incidental and subordinate
to the use of the dwelling for dwelling purposes and which does not
change the residential character thereof.
A building containing rooms which are used, rented or hired
out to guests for sleeping purposes, and where only a central kitchen
and dining room are provided within the building for guests and the
general public and provides separate sanitary facilities.
Encompasses all of the major groups in the "Mining" Division
(10-14), and the "Agriculture, Forestry and Fishing" Division (01-09)
of the Standard Industrial Classification of the Federal OMB, including:
metal mining, anthracite mining, bituminous coal and lignite mining,
oil and gas extraction, nonmetal minerals (except fuels), agricultural
production — crops, agricultural production — livestock,
agricultural services, forestry, fishing and hunting and trapping,
and any unclassified use.
Land or structure used for the collecting, storage, processing,
salvage and sale of scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, waste paper, glass, rags, containers
and other discarded materials. It shall not include, however, refuse
or garbage kept in a proper container for the purpose of prompt disposal.
The dismantling of two or more used vehicles or trailers or the storage,
sale or dumping of two or more partially dismantled or obsolete or
wrecked vehicles or trailers shall be considered a junkyard.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land (Planning Code).
The processing or fabrication of certain materials and products
which does not produce objectionable noise, vibration, air pollution,
fire hazard or other disturbances or dangers to neighboring properties.
A portion of a lot usable for the loading or unloading of
motor vehicles.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit (Planning Code).
A lot at the junction of and fronting on one or more intersecting
street rights-of-way.
A mean horizontal distance between the front and rear lot
lines.
The area of a lot computed exclusive of any portion of any
street right-of-way, but including any easement for essential services.
Any lot which individually or as a part of a subdivision
has been recorded in the office of the Recorder of Deeds in Erie County.
A mean horizontal distance between the side lot lines measured
along the front setback line.
Encompasses all of the major groups in the "Manufacturing"
Division (20-39) of the Standard Industrial Classification of the
Federal OMB, including: food and kindred products, tobacco manufacturers,
textile mill products, apparel and other textile products, lumber
and wood products, furniture and fixtures, paper and allied products,
printing and publishing, chemicals and allied products, petroleum
and coal products, rubber and miscellaneous plastics products, leather
and leather products, stone and clay and glass products, primary metal
industries, fabricated metal products, machinery (except electrical),
electric and electronic equipment, transportation equipment, instruments
and related products and miscellaneous manufacturing industries.
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
(Planning Code). A travel trailer or motorized home, as defined herein,
shall be construed as a mobile home if occupied or connected with
utilities.
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 (Planning Code).
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 (Planning Code).
An antenna or other facility support structure consisting
of a single pole or spire constructed without guy wires or ground
anchor.
[Added 10-15-2001 by Ord. No. 347-01]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment (Planning Code).
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs (Planning Code).
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation (Planning Code).
A private parking space, whether or not enclosed, located
off the sidewalk and right-of-way of any public or private road.
Any area of land which is predominantly free of structures.
The construction that a principal building or structure shall
be placed on, with the exception of a mobile home in a mobile home
park.
Any use of land and/or structure(s) in a district which is
in conformity with the provisions of this chapter.
Includes commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services, and
shall be deemed included generally within "communications."
[Added 10-15-2001 by Ord. No. 347-01]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and/or re-enacted.[2]
The duly appointed (by Borough Council) local planning agency
of the borough.
The main or primary purpose for which a building, other structure
and/or land may be used, occupied or maintained under the provisions
of this chapter.
Includes parks, playgrounds, trails, paths and other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
publicly owned or operated scenic and historic sites. (Planning Code).
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter. (Planning
Code)
A forum held pursuant to notice under Act No. 84 of 1986
known as the "Sunshine Act."[3] The Sunshine Act defines "meeting" as any prearranged
gathering of an agency which is attended or participated in by a quorum
of the members of an agency held for the purpose of deliberating agency
business or taking official action (derived from Planning Code).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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 (Planning Code).
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added 10-15-2001 by Ord. No. 347-01]
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including but not limited to biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes (Planning Code).
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 (Planning
Code).
Encompasses all of the major groups in the "Retail Trade"
Division (52-59) of the Standard Industrial Classification of the
Federal OMB, including: building materials and garden supplies, general
merchandise stores, food stores, automotive dealers and service stations,
apparel and accessory stores, furniture and home furnishing stores,
eating and drinking places, and miscellaneous retail.
A tower which is freestanding and not guyed or anchored with
cables. This term shall include monopoles, three- and four-sided steel
lattice towers and other tower structures which include their own
support and are freestanding.
[Added 10-15-2001 by Ord. No. 347-01]
A retail place of business engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. They may include sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; the performance
of minor automotive maintenance and repair; and the supplying of other
incidental customer services and products, but shall not include major
auto body repairs.
Encompasses all of the major groups in the "Services" Division
(70-89) and the "Agricultural Services" Major Group (07) of the Standard
Industrial Classification of the Federal OMB, including: hotels and
other lodging places, personal services, business services, auto repair
and services and garages, miscellaneous repair services, motion pictures,
amusement and recreation services, health services, legal services,
educational services, social services, museums and botanical and zoological
gardens, membership organizations, private households, miscellaneous
services and agricultural services.
A sign is any structure or natural object, used to state
an announcement, direction or advertisement, designed to attract the
attention of the public. However, the word "sign" shall not include
the flag, pennant or insignia of this nation, state or political unit
thereof, nor shall it include legal notices, addresses or official
signs of any government agency or traffic controls or directions.
The portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, the space between such floor and the ceiling
above it.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private (Planning Code).
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land (Planning
Code).
A structure other than a building, such as a monopole or
self-supporting tower, designed and used to support any facility or
another structure, other than communications antennas. Guyed towers
shall not be deemed to be included in this term and are not permitted.
This term shall be broadly interpreted so as to include, without limitation,
all such structures.
[Added 10-15-2001 by Ord. No. 347-01]
Encompasses all of the major groups in the "Transportation
and Public Utilities" Division (41-49) of the Standard Industrial
Classification of the Federal OMB, including: local and interurban
passenger transit, trucking and warehousing, water transportation,
transportation by air, pipe lines (except natural gas), transportation
services, communication and electric and gas and sanitary services.
A recreational vehicle, with wheels, designed for overnight
occupancy or camping purposes, capable of being towed by a passenger
vehicle.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide services to treat or accommodate, in a group care setting,
two or more persons required to have supervision authorized by a court
of law for protection, detention, confinement or incarceration. This
facility is for reasons such as: adult or child abuse care, delinquency,
drug or substance dependency, and civil or criminal violation. These
facilities include: orphanages, boarding schools for troubled children,
halfway and probation centers, jails and prisons, etc., where supervision
is court-ordered for attendance, or for overnight, extended stay,
and/or permanent placement.
A service facility with any type of treatment center or residence
program, whether institutional, nonprofit or otherwise, designed to
provide health services to treat or accommodate, in a group care setting,
two or more persons in need of assistance for reasons such as: age,
mental or physical handicap or disease, emotional or psychological
disturbance, injury or disability. These facilities include: hospitals
and clinics, geriatric and rehabilitation centers, nursing and convalescent
homes, group care and personal care homes, etc.; where assistance
is given for outpatient, overnight, extended stay and/or permanent
residency.
Relief granted by the Board pursuant to § 72-58B of this chapter (derived from Planning Code).
Encompasses all of the major groups in the "Wholesale Trade"
division (50-51) of the Standard Industrial Classification of the
Federal OMB, including: wholesale trade — durable
goods, and wholesale trade — nondurable goods
An open space extending the full width of the lot between
the building and the road right-of-way line.
An open space extending the full width of the lot between
the building and the rear lot line.
An open space extending from the front yard to the rear yard
between the building and the nearest side lot line.
The written authorization issued the Zoning Officer for the
use of land, or buildings, or other structures.
The map containing the zoning districts of the Borough of
Lake City, Erie County, Pennsylvania, together with all amendments
subsequently adopted.
The duly appointed (by Borough Council) land use ordinance
administrator of the borough.
