Certain words and terms are used in this Zoning
Ordinance for the purposes hereof and are defined as follows:
A.
Unless the context clearly indicates the contrary,
words used in the present tense include the future; the singular numbers
include the plural and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
C.
The word "shall" is mandatory and not directory; and
the word "may" is permissive.
D.
The word "lot" includes the word "plot."
E.
The word "structure" includes the word "building."
F.
The word "use" and the word "used" refer to any purpose
for which a lot or land or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use;
and to any purpose for which a building or structure or part thereof
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use, or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
G.
The word "Borough" means the Borough of Pen Argyl,
Northampton County, Pennsylvania; the term "Borough Council" means
the Council of said Borough; the term "Zoning Hearing Board" means
the Zoning Hearing Board of Pen Argyl Borough; the term "Planning
Commission" means the Planning Commission of Pen Argyl Borough.
H.
ACCESSORY USE OR BUILDING
ADJACENT
ADULT BOOK STORE
ADULT MOVIE/PICTURE THEATER
AGRICULTURE
ANIMAL HUSBANDRY
BASEMENT
BED-AND-BREAKFAST
BLOCK
BLOCK FRONTAGE
BOARD
BOARDING OR LODGING HOUSE
BUFFER YARD
BUILDING
BUILDING, AREA OF
BUILDING SITE
BULK RECYCLING CENTER
BUSINESS CENTER DEVELOPMENT
CABARET
CELLAR
CELLULAR TELEPHONE
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA
COMMUNITY CENTER COMPLEX
COMPREHENSIVE PLAN
CONDITIONAL USE
CONSTRUCTION
COURT
DAY-CARE, CHILD
(1)
(2)
(3)
DEVELOPMENT
DUMP
DWELLING
DWELLING UNIT
FAMILY
FIFTEEN-PERCENT SLOPE
FILLING STATION
FLOODPLAIN AREA
GARAGE
GARAGE, PARKING
GARAGE, PRIVATE
GARAGE, PUBLIC
GROUP-CARE FACILITY
HEIGHT OF STRUCTURE
HEIGHT OF TOWER
HOME ASSOCIATION
HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
HOME PROFESSIONAL OFFICE
HOSPITAL
HOTEL
IMPERVIOUS COVER
INDUSTRIAL PARK
INDUSTRY, NONNUISANCE
JUNK
JUNKYARD
LIMOUSINE SERVICE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT, THROUGH
LOT, WIDTH OF
MAIN USE OR BUILDING
MEDICAL OFFICE BUILDING
MEMBERSHIP CLUB
MINERAL EXTRACTION
MOBILE HOME
MOBILE HOME PARK
MOTEL
MOTOR FREIGHT TERMINAL
MULTIPLE DWELLING
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
ONE-HUNDRED-YEAR FLOOD
PARKING AREA
PARKING SPACE
PLANNING COMMISSION
PUBLIC NOTICE
REAR DWELLING
RECYCLING COLLECTION CENTER
SAND OR GRAVEL PIT
SANITARY LANDFILL
SECTIONAL RANCH HOUSE
SEWAGE DISPOSAL SYSTEM, ON-SITE
SEWAGE DISPOSAL SYSTEM, PUBLIC
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, HOME OCCUPATION or HOME PROFESSIONAL OFFICE
SIGNS, NUMBER AND SURFACE AREA
SINGLE-FAMILY DETACHED DWELLING
SOLID WASTE
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
[1]
[a]
[b]
[2]
(c)
SOLID WASTE DISPOSAL FACILITY
SOLID-WASTE-TO-ENERGY FACILITY
SOLID WASTE TRANSFER FACILITY
SPECIAL EXCEPTION USE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STEEP SLOPES
STORY
STREET
STREET LINE
STRUCTURE
SUBSTANTIAL IMPROVEMENT
SWIMMING POOL, NONCOMMERCIAL
TAXI SERVICE
TRAILER CAMP
TRAVEL TRAILER
TRAVEL UNIT
TWENTY-FIVE-PERCENT SLOPE
TWO-FAMILY DETACHED DWELLING
VARIANCE
WAREHOUSE AND WHOLESALE TRADE
WATER SYSTEM, COMMUNITY
WRITTEN AGREEMENT OR WRITTEN ASSURANCE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING OFFICER
As used in this chapter, the following terms shall
have the meanings indicated:
A subordinate use or building customarily incidental to and
located on the same lot occupied by the main use or building. The
term "accessory building" includes a private garage, garden shed or
barn, a private playhouse, a private greenhouse and a private swimming
pool.
Two or more lots which share a common lot line, not including
lots separated by a public road or a permanent watercourse.
An establishment which has a predominant portion of its stock-in-trade,
books, magazines, photographs, pamphlets, newspapers, storypapers,
comic books, writings or other materials which emphasize matter depicting,
describing or relating to specified sexual activity or specified anatomical
areas as described hereinafter.
An enclosed building or outdoor theater used for the presentation
of motion pictures, slides or video tapes, disks or other similarly
reproduced images distinguished or characterized by an emphasis on
matter which depicts, describes or relates to specified sexual activities
or specified anatomical areas (as described hereinafter) for observation
by patrons. Motion pictures rated "G," "PG" and "R" by the Motion
Picture Association of America are not adult movies for purposes of
this definition.
The raising and keeping of field, truck and tree crops. For
purposes of this chapter, the term "agriculture" does not include
animal husbandry.
The raising and keeping of livestock and poultry for capital
gain, not including household and farm pets.
A story partly underground but having at least 1/2 of its
height above the average curb level of the street abutting the front
of the lot, or above the average finished grade level of the ground
immediately adjacent to the building.
The use and occupancy of a single-family detached dwelling
for accommodating transient guests for rent.
[Added 12-14-2000 by Ord. No. 559, approved 12-14-2000]
A tract of land or a lot or group of lots, bounded by streets,
public parks or parkways, railroad rights-of-way, watercourse or body
of water, unsubdivided land or a boundary line or lines of the Borough.
That portion of a block which abuts a single street.
The Zoning Hearing Board of the Borough unless otherwise
stipulated or indicated by reference.
A private dwelling in which at least two but not more than
six rooms are offered for rent, payable in money or other consideration,
whether or not table board is furnished to lodgers, and in which no
transients are accommodated and no public restaurant is maintained,
such as a school or college dormitory, fraternity or sorority house,
membership club with residents and other similar uses. The terms "boarding
or lodging house" shall exclude group homes.
A strip of land that separates one use from another use or
feature, and 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.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A structure constructed or erected on the ground, with a
roof supported by columns or walls. Structures divided by unpierced
masonry division walls extending from the ground to the roof shall
be deemed to be separate buildings.
The horizontal area measured around the outside of the foundation
walls and of the floors or roofed porches and roofed terraces inclusive
and including the area of accessory buildings, if any. In the case
of split-level dwellings, the "first floor area" shall be deemed to
include floor areas on two nonoverlapping levels, separated by a half-story,
or less, of height.
The land area proposed to include the actual location of
a primary building and an area of 25 feet around all outside structural
walls of such building.
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.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A tract of land, buildings or structures planned as whole
and intended for one or more establishments for a commercial purpose
on a site, whether built at one time as a unit or in two or more construction
stages.
A club, bar, tavern, theater, peep show, hall or similar
place that presents lewd entertainment, whether live, recorded or
simulated, for observation by consenting patrons.
A space having more than 1/2 its height below the average
curb level of the street abutting the front of the lot or below the
average finished grade level of the ground immediately adjacent to
the building. A cellar standing alone shall not be used as a dwelling
unit.
A system providing portable telephone service to specific
subscribers.
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting commercial electronic signals.
Commercial communications antennas shall include, but are not limited
to, antennas used for transmitting commercial radio or television
signals or to receive such signals for a cable system or for retransmitting
cellular telephone communications.
A group of buildings, structures or facilities designed and
intended for cultural, educational or recreational use by residents
of a community and its surrounding area.
The Comprehensive Development Plan for Pen Argyl Borough.
A permit under this chapter for a use provided as a conditional
use shall only be issued by the Zoning Officer in response to a written
approval by the Borough Council, after providing the Planning Commission
with an opportunity for a review.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
A space either on the ground or above, except a main roof,
situated on the same lot building and which is unoccupied and open
to the sky, and not a front yard, side yard or rear yard.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours 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.
The following three types of day care are permitted
in all zoning districts without regulation by this chapter: care of
children by their own relatives; care of children within a place of
worship during regularly scheduled religious services; and care of
one to three children within any dwelling unit, in addition to children
who are relatives of the caregiver.
FAMILY DAY-CARE HOMEA 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 caregiver.
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 caregiver and is registered with the applicable state agency. As of 1997, such agency was the Pennsylvania Department of Public Welfare.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations.
A lot, land, building, structure or part thereof used primarily
for disposal by abandonment, dumping, burial, burning, incineration
or any other means for whatever purpose of garbage, offal, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
or waste material of any kind.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family. (See also
"multiple dwelling," "single-family detached dwelling" and "two-family
detached dwelling.")
One or more individuals living independently as a single
housekeeping unit and using cooking facilities and certain rooms in
common. A family shall not be deemed to include the occupants of a
college dormitory, residential club, motel, hotel or lodging house.
Areas of land that have a net vertical change averaging 15 feet vertically for every 100 feet of horizontal distance, when measured between the contours required to be submitted under § 108-29B(3).
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A filling station may include accessory facilities
for rendering services such as lubrication, washing and minor repairs
with hand tools.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
A building or part thereof used for the storage or parking
of one or more vehicles.
A garage for the convenience of the general public in which
no servicing, repairs, washing or reconditioning of motor vehicles
is carried on.
An accessory garage maintained primarily for the convenience
of the occupants of the main building and in which no business or
other use is carried on and no service is rendered to the general
public.
Any garage other than a private garage or parking garage.
A public garage may include servicing, repairs, washing or reconditioning
of motor vehicles; and filling station facilities.
A facility which provides resident services to seven or more
individuals of whom one or more are unrelated. These individuals are
handicapped, aged or disabled and undergoing rehabilitation and are
provided services to meet their needs. This category includes uses,
licensed or supervised by any federal, state or county health/welfare
agency, such as group homes (all ages), halfway houses, resident schools,
resident facilities and foster or boarding homes.
The vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure listed in § 108-24D(1).
The overall height of the tower from the base of the tower
to the highest point of the tower, including but not limited to antennas,
transmitters, satellite dishes or any other structures affixed to
or otherwise placed on the tower. If the base of the tower is not
on ground level, the height of the tower shall include the base of
the building or structure to which the tower is attached.
An incorporated nonprofit organization operating under recorded
land agreements through which each lot and/or homeowner in a planned
unit or other described land area is automatically a member and each
lot is automatically subject to a charge for a proportionate share
of the expenses for the organizations' activities, such as maintaining
a common property, and the charge if unpaid becomes a lien against
the property.
An occupation in a dwelling unit or an accessory structure,
provided that:
Not more than two persons other than members
of the family residing on the premises shall be engaged in such occupation;
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 30% of the floor area
of the dwelling unit shall be used in the conduct of the home occupation;
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one professional or announcement sign pursuant to the provisions of § 108-27.
No traffic shall be generated by such home occupation
in greater volumes than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street and other than in
a required front yard;
No equipment or process shall be used in such
home occupation which creates noise, vibration, glare, fumes, odors
or electrical interference detectable to the normal senses off the
premises. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference
in any radio or television receivers off the premises or causes fluctuations
in the line voltage off the premises.
The office or studio of a resident physician, surgeon, dentist,
lawyer, architect, artist, engineer, certified public accountant,
real estate broker or salesman, insurance broker or agent, musician,
teacher or other similar professional office or studio conducted in
a dwelling unit by a member or members of the resident family.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanitarium, sanatorium, clinic, convalescent home,
nursing home, rest home or other building with an equivalent appellation.
A building or buildings, including rooms rented out to persons
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 as a "boardinghouse" and shall meet
the requirements of that use.
The percent of the lot area covered by surfaces that have
a stormwater runoff coefficient of 0.8 or higher. In case of uncertainty,
the Borough Engineer shall have the authority to determine the runoff
coefficient of a type of material.
A group of nonnuisance industrial plants on a single parcel
of land, or on separate parcels contiguously arranged, so as to form
a planned development of industrial sites, building or buildings.
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards,
and what complies with all the provisions of the environmental protection
section of this chapter.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
Any discarded material or article, including but not limited
to scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, glass containers and structures. It shall not include,
however, refuse or garbage kept in a proper container for the purpose
of prompt disposal.
Any place where any junk as hereinabove defined is stored,
disposed of or accumulated.
Local, nonscheduled common carrier service for passengers
rendered in luxury-type vehicles on an exclusive basis which is arranged
for in advance.
A parcel of land used or designed to be used by one use or
structure, or by a related group of uses or structures, and the accessory
uses or structures customarily incident thereto, including such open
spaces as are arranged or designed and required in connection with
structure or group of structures. A lot may be or may not be the land
shown as a single lot on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of the lot area that is occupied by the area
of building.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
Any lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line nor
a front line shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line on the plot plan.
The lot line or lines opposite to the front lot line.
A lot extending from one street to another.
The distance between the midpoints of straight lines connecting
front and rear lot lines at each side of the lot, measured across
the rear of the required front yard.
The principal or most important use or building on a lot.
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
A building structure, lot or land area used as a private
club, fraternal or social organization.
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
slate, sand and 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.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
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 on 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.
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.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access, designed primarily for transient automobile
travelers, and provided with accessory off-street parking facilities.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts and other similar appellations but shall not be
construed to include mobile or immobile trailers.
The building plus contiguous space to which freight is brought
for transfer, assembly and/or sorting for shipment by truck.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A single building or group of attached dwelling units intended
and designed to be occupied by three or more families living independently
of each other as separate housekeeping units.
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.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this 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.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this 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.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money or other consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in garage or parking area.
The Planning Commission of Pen Argyl Borough.
Notice published once each week for two successive weeks
in a newspaper of general circulation in Pen Argyl. 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 days from the date of the hearing.
A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
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.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A lot or land, or part thereof, used for the purpose of extracting
sand, gravel, soil or sod for sale, as an industrial operation, and
exclusive of the process of legitimate excavation of a lot preparatory
to the construction of a building.
An area of land and the structures and improvements to the
land where solid waste is disposed in the land (but not including
the application of sewage sludge for reclamation or agricultural utilization),
provided such disposal is approved by the Pennsylvania Department
of Environmental Protection after obtaining zoning approval from the
Borough.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A single-family detached dwelling unit manufactured in two
or more sections designed for permanent occupancy and transported
to a building site in sections which are fastened together and mounted
on a permanent foundation ready for occupancy except for minor and
incidental unpacking and assembly operations. For purposes of this
chapter, mobile homes and travel trailers are not considered as sectional
ranch houses.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of the commonwealth or by means of nonfixed
pipe conveyance to another site for final disposal.
A system of publicly owned piping, tanks and pumping facilities
at treatment works which provides for collection, conveyance and treatment
of sewage and process wastewater.
Any device or method which visually imparts a message through
the use of texts, pictures or models to individuals using public rights-of-way.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the property and only incidentally upon the property if at all.
A sign which directs attention to a business, profession,
public or semipublic activity conducted upon the property where the
sign is displayed.
A sign on a residential building which directs attention
to a home professional office or home occupation conducted in such
residential building.
For the purpose of determining number of signs, a sign shall
be considered as a single display surface or display device containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without organized relationship or
elements, each element shall be considered as a single sign. The surface
area of a sign shall be computed to include the entire area within
a regular geometric form or combinations of regular geometric forms
comprising all of the display area of the sign and including all of
the elements of the matter displayed. Frames and structural members
not bearing advertising matter shall not be included in computation
of surface area.
A building, on a lot, designed and occupied exclusively as
a residence for one family and which has no part of wall in common
with an adjacent building.
Those types of wastes that are permitted by this chapter
to be processed or disposed of in the Borough and includes construction/demolition
waste, municipal waste, residual waste, sewage sludge and ash residue,
but does not include chemotherapeutic waste, hazardous waste or infectious
waste.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
Permitted wastes.
CONSTRUCTION/DEMOLITION WASTEWaste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, blocks and unsegregated concrete, but does not include clean fill nor dredging waste nor any waste considered as hazardous waste by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
MUNICIPAL WASTEWastes resulting from the operation of residential, commercial or non-health-care institutional establishments and from community activities, but does not include any waste defined as hazardous waste or infectious waste by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
RESIDUAL WASTEThe waste of industrial, mining and agricultural operations (including any sludge, ash or processed wastes) that is considered nonhazardous by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
SEWAGE SLUDGEThe coarse screenings, grit and dewatered or air-dried sludge, septic and holding tank pumpings and other residues from municipal and residential sewage collection and treatment systems that may be disposed of in municipal waste landfills in accordance with Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
Nonpermitted wastes.
CHEMOTHERAPEUTIC WASTEWaste resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
Waste which, because of its quantity, concentration
or physical, chemical or infectious characteristics may;
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed;
And any waste considered hazardous by Pennsylvania
Department of Environmental Protection regulations or the Environmental
Protection Agency regulations.
INFECTIOUS WASTEWaste which, prior to processing or disposal, is or may be contaminated by a disease-producing microorganism or material or may pose a substantial present or potential hazard to human health when improperly processed, stored, transported, disposed or otherwise managed and includes any waste so considered by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
An area of land and the structures and improvements to the
land where solid waste is disposed, including sanitary landfills or
solid-waste-to-energy facilities, provided such disposal is approved
by the Pennsylvania Department of Environmental Protection after obtaining
zoning approval from Pen Argyl Borough Council.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A type of solid waste disposal facility that utilizes waste
(such as municipal waste, sludge or any other nonhazardous commercial,
residential or industrial materials), or methane gas from such waste
as a fuel to produce usable energy (such as steam or electricity)
in bulk to be marketed for use.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
Land or structures where municipal or residual 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.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A use in one or more districts for which the Zoning Hearing Board may grant a permit, pursuant to the provisions of § 108-36.
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breast below the top of the areola;
or human male genitals in a discernible turgid state, even if completely
or opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitalia, pubic region, buttock
or female breast(s).
Areas of land with an existing slope of greater than 15%.
That portion of a building included between the upper surface
of any floor other than a cellar floor and the upper surface of the
floor next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost floor
and the roof above.
Any road, highway, avenue, street, parkway, lane or other
way, public or private, set aside and commonly used by the public
for street purposes and shown upon the Borough map or upon a filed
plat.
The dividing line between a lot and the outside boundary
of a public street or street right-of-way, or between a lot and a
private street which serves two or more separately owned homes or
buildings.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds, mobile
homes and other similar items.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value either before the improvement, modification
or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred.
Any constructed body of water or structure to contain water, pursuant to the provisions of § 108-25C, and any accessory equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Such noncommercial swimming pool shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings, hotel, motel or membership club thereon.
Local common carrier service for passengers where passengers
normally hire the vehicle and its driver by telephone call or by hail,
or both.
A lot or part thereof occupied or designed for occupancy
by one or more travel trailers or travel units.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses having a body width not exceeding eight feet and a
body length not exceeding 32 feet.
A truck-mounted camper; an auto, truck or bus adapted for
vacation living; a folding tent camper; a tent; and other similar
devices used for temporary portable housing.
Area of land that have a net vertical change averaging 25 feet vertically for every 100 feet of horizontal distance, when measured between the contours required to be submitted under § 108-29B(3).
A single building or two attached dwelling units intended
and designed to be occupied by two families living independently of
each other as separate housekeeping units.
A modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of § 108-37 and the laws of the Commonwealth of Pennsylvania.
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 motor freight terminal.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A system of piping, tanks, pumping facilities and treatment
works provides for treatment and distribution of drinking water serving
a generalized area and designed independently of specific subdivisions
or land developments.
A written agreement, which shall be specifically enforceable
at law or equity, containing a confession of judgment by petitioner
and binding upon the successors, heirs, personal representatives and
assignee of the petitioner.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building situated between
the nearest roofed portion of the building and the rear lot line of
the lot and extending from side lot line to side lot line.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot and extending
through from the front yard or from front lot line where no front
yard exists to the rear yard or to the rear lot line where no rear
yard exists.
The duly constituted municipal official designated to administer
and enforce the Zoning Ordinance of the Borough.
