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.
[1]
Editor's Note: See Ch. 57, Subdivision and Land Development.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE/USE
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.
AGRICULTURE
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.
ALLEY
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.
ALTERNATIVE TOWER STRUCTURE
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]
ANTENNA HEIGHT
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]
ANTENNA SUPPORT STRUCTURE
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]
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns (Planning Code).
APPLICATION FOR DEVELOPMENT
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
Area of a lot or site calculated from dimensions derived by horizontal projections of the site.
BASEMENT
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.")
BILLBOARD
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.
BOARD
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).
BOARDINGHOUSE
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
Borough of Lake City, Erie County, Pennsylvania.
BOROUGH COUNCIL
The duly elected governing body of the borough.
BUILDING
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.
BUILDING HEIGHT
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.
BUILDING (SETBACK) LINE
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.
BUILDING PERMIT
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.
BUSINESS SERVICE
Any mobile sales business activity which renders service to any portion of the Borough of Lake City.
CAMP or CAMPGROUND
Site and facilities for temporary lodging of sportsmen, fishermen, campers, hunters and/or families.
CARTWAY
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.
CELLAR
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.")
CHURCH
An establishment designed and intended for religious instruction or public worship and designated as tax-exempt property by the Erie County Tax Assessment Office.
CLUB
An establishment operated for social, recreational, athletic or educational purposes, but open only to members and not for the general public.
COMMERCIAL
Retail and wholesale establishments, professional offices, lending institutions and food services engaging in an activity for profit.
COMMON OPEN SPACE
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.
COMMUNICATIONS ANTENNA
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]
COMMUNICATIONS EQUIPMENT BUILDING
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]
COMMUNICATIONS TOWER
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]
CONDOMINIUM
A form of group/private ownership of space and use in a multifamily dwelling.
CONSTRUCTION INDUSTRY
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.
COVERAGE, MAXIMUM LOT
The total allowable percentage of the lot area covered by principal and accessory uses.
DECISION
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).
DENSITY
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.
DETERMINATION
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).
DEVELOPER
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.
DRIVE-IN FACILITY
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.
DWELLING
Any building designed or used as resident living quarters for human habitation.
DWELLING, MULTIFAMILY
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.
DWELLING, MULTIPLE
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.
DWELLING, SINGLE-FAMILY
A permanent detached building designed for, arranged or used for occupancy by one family on a separate lot of record.
DWELLING, TWO-FAMILY
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.
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Borough of Lake City.
ESSENTIAL SERVICES
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]
FAMILY
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]
FINANCE, INSURANCE AND REAL ESTATE BUSINESS
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.
GARAGE SALES (INCLUDES YARD, PATIO AND SIMILAR RESIDENTIAL SALES)
A private noncontinuous sale of surplus used household goods which is held on the premises in a district not zoned for commercial sales.
GOVERNMENT
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.
HABITABLE FLOOR AREA
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.
HEARING
An administrative proceeding conducted by the Board pursuant to Section 909.1 of the Planning Code.[1]
HEIGHT OF A COMMUNICATIONS TOWER
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]
HEIGHT OF A TOWER
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]
HOME OCCUPATION
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.
HOTEL/MOTEL
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.
INDUSTRIAL, OTHER
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.
JUNKYARD
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.
LANDOWNER
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).
LIGHT MANUFACTURING
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.
LOADING SPACE
A portion of a lot usable for the loading or unloading of motor vehicles.
LOT
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).
LOT, CORNER
A lot at the junction of and fronting on one or more intersecting street rights-of-way.
LOT, DEPTH
A mean horizontal distance between the front and rear lot lines.
LOT MINIMUM AREA
The area of a lot computed exclusive of any portion of any street right-of-way, but including any easement for essential services.
LOT OF RECORD
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.
LOT, WIDTH
A mean horizontal distance between the side lot lines measured along the front setback line.
MANUFACTURING INDUSTRY
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.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation (Planning Code). A travel trailer or motorized home, as defined herein, shall be construed as a mobile home if occupied or connected with utilities.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home (Planning Code).
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes (Planning Code).
MONOPOLE
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]
NONCOMFORMING LOT
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).
NONCONFORMING STRUCTURE
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).
NONCONFORMING USE
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).
OFF-STREET PARKING SPACE
A private parking space, whether or not enclosed, located off the sidewalk and right-of-way of any public or private road.
OPEN SPACE
Any area of land which is predominantly free of structures.
PERMANENT FOUNDATION
The construction that a principal building or structure shall be placed on, with the exception of a mobile home in a mobile home park.
PERMITTED USE
Any use of land and/or structure(s) in a district which is in conformity with the provisions of this chapter.
PERSONAL WIRELESS SERVICES
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]
PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and/or re-enacted.[2]
PLANNING COMMISSION
The duly appointed (by Borough Council) local planning agency of the borough.
PRINCIPAL USE
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.
PUBLIC GROUNDS
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).
PUBLIC HEARING
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)
PUBLIC MEETING
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).
PUBLIC NOTICE
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).
PUBLIC UTILITY TRANSMISSION TOWER
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]
RENEWABLE ENERGY SOURCE
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).
REPORT
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction (Planning Code).
RETAIL TRADE BUSINESS
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.
SELF-SUPPORTING TOWER
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]
SERVICE STATION
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.
SERVICES BUSINESS
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.
SIGN
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.
STORY
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.
STREET
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).
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land (Planning Code).
TOWER
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]
TRANSPORTATION AND PUBLIC UTILITIES INDUSTRY
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.
TRAVEL TRAILER
A recreational vehicle, with wheels, designed for overnight occupancy or camping purposes, capable of being towed by a passenger vehicle.
TREATMENT FACILITY, PLACEMENT
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.
TREATMENT FACILITY, RESIDENT
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.
VARIANCE
Relief granted by the Board pursuant to § 72-58B of this chapter (derived from Planning Code).
WHOLESALE TRADE BUSINESS
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
YARD, FRONT
An open space extending the full width of the lot between the building and the road right-of-way line.
YARD, REAR
An open space extending the full width of the lot between the building and the rear lot line.
YARD, SIDE
An open space extending from the front yard to the rear yard between the building and the nearest side lot line.
ZONING CERTIFICATE
The written authorization issued the Zoning Officer for the use of land, or buildings, or other structures.
ZONING MAP
The map containing the zoning districts of the Borough of Lake City, Erie County, Pennsylvania, together with all amendments subsequently adopted.
ZONING OFFICER
The duly appointed (by Borough Council) land use ordinance administrator of the borough.
[1]
Editor's Note: See 53 P.S. § 10909.1.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 65 P.S. § 271 et seq.