Certain words and terms are used in this chapter for the purposes hereof and are defined as follows.
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.
The word "person" includes a profit or nonprofit corporation, company, partnership, individual or other entity.
The word "shall" is mandatory and not directory, and the word "may" is permissive.
The word "lot" includes the work "plot."
The word "structure" includes the word "building."
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.
The word "Borough" means Borough of Hellertown, Northampton County, Pennsylvania, the term "Borough Council" means the Council of said Borough, the term "Zoning Hearing Board" means the Zoning Hearing Board of Hellertown Borough, the term "Planning Commission" means the Planning Commission of Hellertown Borough.
Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
- ACADEMIC CLINICAL RESEARCH CENTER
- An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.[Added 3-6-2017 by Ord. No. 811]
- ACCESSORY USE OR BUILDING
- 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, a pergola and a private swimming pool.
- ADULT-ORIENTED ESTABLISHMENTS
- The definition for this term and for all uses included under this term shall apply as are provided in Title 68, Article II, Subpart E, Chapter 55, Section 5502 of the Pennsylvania Consolidated Statutes, as amended. Such definitions in Pennsylvania statutes are hereby included
by reference, including but not limited to, the definitions for "adult
bookstore," "adult entertainment," "adult mini-motion picture theater,"
"adult motion picture theater," "sexual activities," "specified anatomical
areas," "specified sexual activities." The definition shall also include
"body washing."[Added 7-2-2007 by Ord. No. 706; amended 3-6-2017 by Ord. No. 813]
- AGRICULTURAL OPERATION
- An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
- The raising and keeping of field, truck and tree crops. For purposes of this chapter, the term "agriculture" does not include animal husbandry.
- A public or privately owned thoroughfare having a right-of-way width of 20 feet or less, regardless of how named.
- AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)
- A national organization which formulates guidelines and standards.
ANSI standards are recognized as authoritative by the FCC.[Added 7-5-2005 by Ord. No. 676]
- ANIMAL HUSBANDRY
- The raising and keeping of livestock and poultry for capital gain, not including household and farm pets.
- Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
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 device, which is
attached to a wireless support structure. This definition shall not
include the following: private residence-mounted satellite dishes;
television antennas; amateur radio equipment including without limitation
ham or citizens band radio antennas; or support structures for antennas
or any related equipment that is mounted to the ground or at ground
level.[Added 7-5-2005 by Ord. No. 676; amended 3-6-2017 by Ord. No. 814]
- ASSISTED LIVING FACILITY
- A complex designed to accommodate the elderly, with staff
personnel and programs to assist residents with many activities of
daily living. Units may or may not have kitchens, but meals are provided
in a central dining area. (An assisted living facility includes "housing
for the elderly.")[Amended 3-6-2017 by Ord. No. 813]
- A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities
Act of 1945.[Added 9-17-2012 by Ord. No. 775]
- A bank is a financial institution licensed to receive deposits
and make loans. Banks may also provide financial services, such as
wealth management, currency exchange and safe deposit boxes. There
are two types of banks: commercial/retail banks and investment banks.
A bank shall include a drive-through bank.[Added 3-6-2017 by Ord. No. 813]
- Any sign of lightweight fabric or similar material that is mounted to a pole, building, tree or other object at one or more of its edges. National, state or municipal flags or the official flag of any institution or business shall not be considered banners.
- A building involving the rental of overnight lodging for
transient guests, the provision of meals for overnight guests only,
which does not routinely involve rental of accommodations exceeding
14 consecutive days and which includes the owner or primary operator
residing on the premises.[Added 4-16-2012 by Ord. No. 763]
- 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 school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses.
- BODY PIERCING
- The means of puncturing or penetration of a person's
skin with presterilized single-use needles and the insertion of presterilized
jewelry or other adornment thereto in the opening, except that puncturing
the outer perimeter or lobe of the ear with a presterilized single-use
stud-and-clasp ear-piercing system shall not be included in this definition.[Added 7-2-2007 by Ord. No. 706]
- BOTTLE CLUBS
- The term "bottle club" means an establishment operated for
profit or pecuniary gain, which admits patrons upon the payment of
a fee; has a capacity for the assemblage of 20 or more persons; and
in which alcoholic liquors, alcohol or malt or brewed beverages are
not legally sold but where alcoholic liquors, alcohol or malt or brewed
beverages are either provided by the operator or agents or employees
of the operator for consumption on the premises or are brought into
or kept at the establishment by patrons or persons assembling there
for use and consumption. The term shall not include a license under
the Act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code, or any organization as set forth in Section 6 of the Act
of December 19, 1990 (P.L. 1200, No. 202), known as the "Solicitation
of Funds for Charitable Purposes Act."[Added 7-2-2007 by Ord. No. 706]
- A structure constructed or erected on the ground, with a roof supported by columns or walls, and intended for the shelter, housing or enclosure of persons, animals or property of any kind.
- BUILDING, AREA OF
- 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.
- BUILDING MATERIALS AND SUPPLIES
- Retail establishments selling lumber and other large building
materials, where most display and sales occur indoors.[Added 4-16-2012 by Ord. No. 763]
- BUS PASSENGER STATION
- Any designated area, whether on private property or within a public right-of-way, which is intended or used as a scheduled pickup or discharge point for passengers by a common carrier. The term "bus passenger station" does not apply to locations used in operations of vehicles used to transfer students to and from school.
- A club, bar, tavern, peep show, hall or similar place that presents lewd entertainment, whether live, recorded or simulated, for observation by consenting patrons.
- The individual designated by a patient to deliver medical
marijuana.[Added 3-6-2017 by Ord. No. 811]
- CERTIFIED MEDICAL USE
- The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.[Added 3-6-2017 by Ord. No. 811]
- A segment of a frequency band assigned to a specific user.[Added 7-5-2005 by Ord. No. 676]
- CHECK-CASHING BUSINESS
- An establishment engaged primarily in the cashing of checks
by individuals or the deferred deposit of personal checks, whereby
the check cashier refrains from depositing a personal check written
by a customer until a specific date; or the offering of a loan until
a paycheck would be received by the person receiving the loan. This
term shall not include any of the following:[Added 7-2-2007 by Ord. No. 706]
- (1) A state or federally chartered bank, savings association, credit union, or industrial loan association; and
- (2) A retail store engaged primarily in selling or leasing items to retail customers and that cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers incidental to the retail store principal use.
- CLINICAL REGISTRANT
- An entity that:[Added 3-6-2017 by Ord. No. 811]
- (1) Holds a permit both as a grower/processor and a dispensary; and
- (2) Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
- The mounting of one or more antennas, on an existing communications
tower, or on any structure that has been approved by the Borough,
to support at least one antenna.[Added 3-6-2017 by Ord. No. 814]
- COMMERCIAL COMMUNICATIONS TOWER
- Any structure, other than a building, that is constructed
for the primary purpose of supporting one or more antennas, including,
but not limited to, self-supporting lattice towers, guy towers and
monopoles.[Added 3-6-2017 by Ord. No. 814]
- COMMERCIAL RECREATION
- A recreation facility operated on a profit basis which is open to the general public.
- COMMUNITY CENTER
- A grouping of buildings, structures or facilities designed and intended for cultural, educational or recreational use by residents of a community and its surrounding area. The term "community center" shall not include parks and play area, art gallery, museum, commercial recreation area or use or school.
- The legal process pursuant to the Eminent Domain Code, by which the Borough takes, injures or destroys property
by authority of law for a public purpose.[Added 2-7-2011 by Ord. No. 751]
- CONDITIONAL USE
- A use permitted in a particular zoning district pursuant to the provision in Article VI of the Pennsylvania Municipalities Planning Code.[Added 9-17-2012 by Ord. No. 775]
- Residential real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of these portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the amended Pennsylvania Uniform Condominium Act, July 2, 1980, as amended.
- CONSTRUCTION PERMIT
- A document issued by the FCC to a broadcast applicant giving
permission to construct a radio or TV broadcast station. It is not
the same as a station license.[Added 7-5-2005 by Ord. No. 676]
- Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the municipality
lies.[Added 9-17-2012 by Ord. No. 775]
- (1) Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
- (2) Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
[Added 9-17-2012 by Ord. No. 775]
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.[Added 3-6-2017 by Ord. No. 811]
- 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 materials of any kind.
- A building arranged, intended or designed to be occupied by one or more families.
- DWELLING UNIT
- 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," "single-family semidetached dwelling," "single-family attached dwelling," "mobile home" and "condominium.")
- A configuration for a dwelling unit within a multiple dwelling where a separate bedroom is not provided. The sleeping quarters are located in the same room as the living quarters.
- ELECTROMAGNETIC RADIATION (EMR)
- A technical term for the nature of energy emitted by a transmitting
antenna.[Added 7-5-2005 by Ord. No. 676]
- FALL ZONE
- The fall zone shall be equal to the height of the antenna
and/or commercial communications tower, as applicable.[Added 7-5-2005 by Ord. No. 676]
- An individual or individuals related by blood, marriage or
adoption (including persons receiving foster care) that maintain one
common household and live within one dwelling unit. Additionally,
unrelated individuals who maintain a common household and live within
one dwelling unit may be considered a family. Finally, a family shall
also expressly include unrelated individuals who reside within a licensed
group home, as defined herein.[Amended 2-7-2011 by Ord. No. 751]
- A barrier intended to prevent intrusion or escape or to mark a boundary. A fence can involve both man-made structures as well as organized planting.
- FLOOR AREA
- The floor area shall be construed as the sum of areas on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, closets, elevator shafts, enclosed porches and balconies and below-grade floor areas, but excluding open terraces, patios, atrium and balconies, carports, garages, breezeways and toolsheds.
- FM/TELEVISION BROADCASTING
- Transmission of radio and/or television programs intended
for reception by the general public. An FM/television broadcasting
tower shall mean a tower maintaining the primary or main transmitter
of an FCC-licensed broadcast station.[Added 7-5-2005 by Ord. No. 676]
- The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
- FORM OF MEDICAL MARIJUANA
- The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.[Added 3-6-2017 by Ord. No. 811]
- GARAGE, PRIVATE
- An accessory structure used primarily for vehicle parking 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.
- GAS STATION
- An establishment engaged in the retail sale of gasoline and similar products to motorists and in the repair of motorized vehicles.
- GENERAL SERVICING OR REPAIR SHOP
- An establishment engaged in the service and/or repair of personal property items such as appliances, timepieces, computers and peripherals and the like.
- GROSS LEASABLE AREA
- The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors.
- GROUP HOME
- A dwelling operated by a responsible individual, family or
organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the individuals served
due to age or emotional, mental or physical handicap. This definition
shall expressly exclude facilities for the supervised care of persons
under treatment for alcohol and/or drug abuse and any use related
to criminal rehabilitation of adults or juveniles or services related
to the treatment of the criminally insane. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such licenses must be delivered to the Borough prior to beginning
the use.[Added 2-7-2011 by Ord. No. 751]
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.[Added 3-6-2017 by Ord. No. 811]
- GUN SHOP
- An establishment which sells/trades/exchanges any weapon
which is designed to or may readily be converted to expel, release
or propel any projectile by the action of an explosive; or the frame
or receiver of any such weapon. The term "weapon" `includes shotgun,
airgun, air pistol, spring gun, spring pistol, rifle and pistol of
any caliber or any implement which impels with force a pellet, pellets
or single projectile of any kind.[Added 7-2-2007 by Ord. No. 706]
- A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but not including current illegal use of or addiction to a controlled substance.
- An administrative proceeding conducted by a board pursuant
to § 909.1 of the Pennsylvania Municipalities Planning Code
(53 P.S. § 10909.1).[Added 9-17-2012 by Ord. No. 775]
- HEIGHT ABOVE AVERAGE TERRAIN (HAAT)
- A technical term used by the FCC to determine the effective
height of an antenna by considering the effects of terrain variations
in the coverage area provided by the antenna.[Added 7-5-2005 by Ord. No. 676]
- HEIGHT OF A STRUCTURE
- 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 as listed in § 450-18D.
- HEIGHT OF TOWER
- 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 ground. 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.[Added 7-5-2005 by Ord. No. 676; amended 9-17-2012 by Ord. No. 775]
- HOME OCCUPATION
- A customary personal service occupation such as dressmaking, millinery, home cooking, beauty parlors, barbershops, hairdressing and manicuring establishments and other similar personal services conducted in a dwelling unit by a member or members of the resident family.
- HOME OFFICE
- An office, located within a dwelling, the area of which office does not exceed 10% of the floor space of the dwelling (excluding the basement, attic or other nonhabitable portions), devoted solely to the administration of a business or service which is conducted wholly off the premises. The home office shall be used solely by the regular residents of the dwelling; storage of merchandise, equipment, materials or the like is prohibited, except for personal tools, office machines and miscellaneous equipment which would not interfere with the residential character of the dwelling or the neighborhood and which shall be stored within an enclosed structure. There shall be no stock-in-trade stored within the premises, nor shall any nonresidents, customers or clients present themselves at the premises for business purposes. External display or identification is prohibited.
- HOME PROFESSIONAL OFFICE
- 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 exclusively by physicians for treatment and
examination of patients involving overnight stays.[Added 3-6-2017 by Ord. No. 813]
- IDENTIFICATION CARD
- A document issued by the DOH that permits access to medical
marijuana.[Added 3-6-2017 by Ord. No. 811]
- IMPERVIOUS SURFACE
- A surface which prevents the percolation of water into the ground.
- A technical term referring to the possible mixing of two
transmitted signals which creates unwanted and potentially interfering
signals.[Added 7-5-2005 by Ord. No. 676]
- 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.
- LAND MOBILE SYSTEMS
- Radio communications service for mobile or stationary units
in which each user is assigned a particular frequency. It includes
conventional two-way radio, special mobile radio service and one-way
paging.[Added 7-5-2005 by Ord. No. 676]
- LEASE TOWER
- A tower whose owner has as his principal business the leasing
of tower space to other users.[Added 7-5-2005 by Ord. No. 676]
- LEASED LOT
- A parcel or tract of realty held under a lease.[Added 7-5-2005 by Ord. No. 676]
- 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 a structure or group of structures. A lot may be or may not be the land shown as a single lot on a duly record plat or other official record.
- LOT AREA
- The total horizontal area included within lot lines.
- LOT, CORNER
- A lot at the junction of and fronting on two or more intersecting streets.
- LOT COVERAGE
- The percentage of the lot area that is occupied by structures, including principal buildings and accessory structures.
- LOT, DEPTH OF
- The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
- LOT LINE
- Any boundary of a lot. Any lot line not a rear lot line or a front line shall be deemed a side lot line.
- LOT LINE, FRONT
- 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.
- LOT LINE, REAR
- The lot line or lines opposite to the front lot line.
- LOT, THROUGH
- A lot extending from one street to another.
- LOT, WIDTH OF
- The distance between the side lot lines measured across the rear of the required front yard.
- MAIN USE OF BUILDING
- The principal or most important use or building on a lot.
- MASSAGE PARLOR
- An establishment that meets all of the following criteria:[Added 7-2-2007 by Ord. No. 706]
- (1) The use does not involve a person licensed or certified by the state as a health care professional or a massage therapist certified by a recognized professional organization that requires a minimum of 80 hours of professional training. Massage therapy by a certified professional shall be considered "personal service."
- (2) Massages are conducted involving one person using their hands and/or a mechanical device on another person below or above the waist, in return for monetary compensation, and which involves persons who are not related to each other.
- (3) The massages are:
- MEDICAL OFFICE BUILDING
- A building used exclusively by physicians and dentists for treatment and examination of patients, provided that no overnight patients shall be kept on premises.
- MEDICAL MARIJUANA
- Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[Added 3-6-2017 by Ord. No. 811]
- MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
- Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.[Added 3-6-2017 by Ord. No. 811]
- MEDICAL MARIJUANA ORGANIZATION OR FACILITY
- A dispensary or a grower/processor of marijuana for medical
purposes.[Added 3-6-2017 by Ord. No. 811]
- MEMBERSHIP CLUB
- A building, structure, lot or land area used as a private club, fraternal or social organization.
- MOBILE HOME
- A transportable single-family dwelling intended for a permanent occupancy, office or place of assembly, contained in one unit or in two units designed to be joined into one integral unit, capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
- MOBILE HOME PARK
- A parcel of land which has been planned and improved for the placement of two or more mobile homes occupied for dwelling or sleeping and for nontransient uses.
- MOTORIZED EQUIPMENT REPAIR SHOP
- An establishment engaged in the servicing and/or repair of personal property equipment, such as lawn mowers and tractors, chain saws, portable generators, that are powered and/or employ an internal combustion engine in their use and/or operation.
- MOTORIZED VEHICLE REPAIR SHOP
- An establishment wherein motorized vehicle repair, painting and bodywork is conducted.
- MULTIPLE DWELLING
- 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. The individual dwelling units share a common access and/or common yard area.
- NO-IMPACT HOME-BASED BUSINESS
- A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:[Added 9-17-2012 by Ord. No. 775]
- (1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
- (2) The business shall employ no employees other than family members residing in the dwelling.
- (3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
- (4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
- (5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
- (6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
- (7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
- (8) The business may not involve any illegal activity.
- NONCONFORMING LOT
- A lot the area or dimension of which was lawful prior to the adoption or amendment of 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.
- 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.
- 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.
- NONDISABLED GROUP HOME
- One dwelling unit made up of unrelated individuals who maintain
a common household. This definition shall expressly exclude facilities
for the supervised care of persons under treatment for alcohol and/or
drug abuse and any use related to criminal rehabilitation of adults
or juveniles or services related to the treatment of the criminally
insane.[Added 2-7-2011 by Ord. No. 751]
- NURSING HOME or CONVALESCENT HOME
- A facility, licensed as such by the Commonwealth of Pennsylvania, where persons are lodged and furnished with meals and nursing and medical care.
- PARKING AREA
- A lot or part thereof used for the storage or parking of motor vehicles.
- PARKING SPACE
- A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
- An establishment engaged in retail sales of secondhand merchandise
and that offers personal loans secured by consumer goods, jewelry
and other personal property held by the pawnshop.[Added 7-2-2007 by Ord. No. 706]
- Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from rope, wire or string, usually in series, designed to move in the wind.
- A structure consisting of parallel columns supporting an
open roof of beams and rafters.[Added 4-16-2012 by Ord. No. 763]
- PERSONAL SERVICE
- An establishment that provides a service oriented to the
personal needs of the general public and which is not primarily a
retail or wholesale sales business, including but not limited to haircutting/styling,
shoe repair, nail salons, and closely similar uses.[Added 4-16-2012 by Ord. No. 763]
- PLANNING AGENCY
- A planning commission, planning department or a planning committee of the Borough Council.
- POINT-TO-POINT MICROWAVE
- Communication between specific points using frequencies above
900 Mhz; normally transmitted between two towers optimally located
for line-of-sight transmission. Uses low power levels.[Added 7-5-2005 by Ord. No. 676]
- PUBLIC GROUNDS 
- PUBLIC HEARING
- A formal meeting held pursuant to public notice by the Borough Council or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.
- PUBLIC MEETING
- A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
- PUBLIC NOTICE
- Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.[Added 9-17-2012 by Ord. No. 775]
- REAR DWELLING
- A dwelling located on the same lot and to the rear of the main building for which the lot is used.
- The registry established by the DOH for all medical marijuana
organizations and practitioners.[Added 3-6-2017 by Ord. No. 811]
- RELATED EQUIPMENT
- Any structure or equipment at a fixed location, not including
a tower or antenna, that enables FCC license communications between
a user and a wireless network. This definition includes base stations
as defined by the FCC.[Added 3-6-2017 by Ord. No. 814]
- 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.[Added 9-17-2012 by Ord. No. 775]
- RESEARCH FACILITY
- A building or group of buildings containing facilities for
scientific research, investigation, testing or experimentation, but
not facilities for the manufacture or sale of products.[Added 4-16-2012 by Ord. No. 763]
- RESTAURANT, DRIVE-IN
- An establishment whose principal business is the sale of food or beverages to the customer in a ready-to-consume state on edible or disposable containers, where no seating is provided upon the premises.
- RESTAURANT, OTHER
- An establishment that serves ready-to-consume food in a manner that does not meet the definitions of "standard restaurant" or "drive-in-restaurant."
- RESTAURANT, STANDARD
- An establishment that serves ready-to-consume food or drink. The majority of sales involve one of the following characteristics:
- RF INTERFERENCE
- Disturbances in reception caused by intruding signals or
electrical current.[Added 7-5-2005 by Ord. No. 676]
- SATELLITE EARTH STATIONS
- A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.
- SCHOOL, COMMERCIAL
- An education facility principally offering, for profit, specific
courses of instruction in business, trade, industry or other trained
skills, but does not offer academic instruction equivalent to standards
prescribed by the commonwealth.[Added 4-16-2012 by Ord. No. 763]
- SEWAGE DISPOSAL SYSTEM, PUBLIC
- The utility system designed to collect, centrally treat and dispose of sewage operated by the Hellertown Borough Authority.
- SHARED HOUSING
- A living arrangement where two unrelated persons live together as a single nonprofit housekeeping unit. Each individual has private sleeping space and shares kitchen, bath, living and dining space.
- SHOPPING CENTER
- A lot including four or more distinct separate retail stores in a unified development with shared parking and traffic access. A shopping center may also include other uses permitted in the district (such as offices and personal services), provided all requirements of this chapter are met.
- Any device or method which visually imparts a message through the use of texts, pictures or models.
- SIGN, ADVERTISING
- 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 commercial billboard is an advertising sign.
- SIGN, ATTACHED
- A sign which is part of, attached directly to, supported by or painted upon a building wall.
- SIGN, BULLETIN BOARD
- A sign of permanent character with movable letters, words
or numerals indicating the names of persons associated with events
conducted upon or products or services offered upon the premises,
permitted only in connection with public, religious or civic institutions.[Added 4-16-2012 by Ord. No. 763]
- SIGN, BUSINESS IDENTIFICATION
- A sign which directs attention to a business, profession, public or semipublic activity conducted upon the property where the sign is displayed.
- SIGN, DYNAMIC
- A sign with characteristics that appear to have movement
or that appear to change, caused by any method other than physically
removing and replacing the sign or its components, whether the apparent
movement or change is in the display, the sign structure itself, or
any other component of the sign. This includes a display that incorporates
a technology or method allowing the sign face to change the image
without having to physically or mechanically replace its components.
This includes any rotating, revolving, moving, flashing, blinking
or animated display, rotating panels, LED lights manipulated through
digital input, or any other method or technology allowing the sign
face to present a series of images.[Added 4-16-2012 by Ord. No. 763]
- SIGN, FREESTANDING
- A sign supported by or suspended from a freestanding column or other support located in or upon the ground surface.
- SIGN, HOME OCCUPATION
- A single, nonilluminated sign with a maximum area of three
square feet on a residential building which directs attention to a
home occupation conducted in such residential building by identifying
only the occupation name, residents, phone number, address and/or
logo.[Amended 4-16-2012 by Ord. No. 763]
- SIGN, PORTABLE
- Any sign which is not permanently attached to a building, structure or the ground and/or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A or T frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising purposes, and signs attached to or painted on vehicles parked and visible from the right-of-way, unless the vehicle is used in the regular day-to-day operations of the business.
- SIGN, TEMPORARY
- A sign, constructed of cloth, canvas, fabric, wood or other similar material, with or without a structural frame and intended for a limited period of display. For purposes of this chapter, real estate, political campaign and construction signs are temporary signs. (See also "banner" and "pennant.")
- SINGLE-FAMILY ATTACHED DWELLING
- A dwelling unit on a permanent foundation designed and occupied as a residence for one family with direct outside access, which is part of a group of three or more dwellings with one or two vertical walls in common with adjacent dwelling units. These dwelling units are commonly referred to as "townhouses" or "row homes."
- SINGLE-FAMILY DETACHED DWELLING
- A dwelling unit on a permanent foundation or a mobile stand constructed in conformance with the standards of § 450-19D of this chapter, designed and occupied as a residence for one family, which does not have a vertical wall in common with another building.
- SINGLE-FAMILY SEMIDETACHED DWELLING UNIT
- A dwelling unit on a permanent foundation designed and occupied as a residence for one family, which has one vertical wall in common with the adjacent dwelling. These dwellings are commonly referred to as "twins" or "duplexes."
- SPECIFIED ANATOMICAL AREAS
- 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.
- SPECIFIED SEXUAL ACTIVITIES
- 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).
- STEALTH TECHNOLOGY
- Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles,
lampposts, and light poles.[Added 3-6-2017 by Ord. No. 814]
- Any road, highway, avenue, street, parkway, lane or other way, public or private, set aside and commonly used by the public for street purposes, other than "alley," as defined herein, and shown upon the Borough map or upon a filed plat.
- STRUCTURAL CAPACITY
- A term describing the physical stability of a tower and associated
antennas to withstand design loading without collapsing.[Added 7-5-2005 by Ord. No. 676]
- Anything constructed or erected on or under the ground or upon another structure or building.
- SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
- A modification to an existing wireless communications facility
that changes the physical dimensions of a tower or base station if
it meets any of the following criteria:[Added 3-6-2017 by Ord. No. 814]
- (1) For a commercial communications tower outside the public rights-of-way:
- (a) It increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater;
- (b) It protrudes from the edge of the wireless communications facility by more than 20 feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater.
- (2) For a commercial communications tower in the rights-of-way:
- (a) It increases the height of the facility by more than 10% or 10 feet, whichever is greater;
- (b) It protrudes from the edge of the structure by more than six feet;
- (c) It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
- (d) It entails any excavation of deployment outside the current site of the tower; or
- (e) It does not comply with conditions associated with prior approval of construction or modification of the tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
- SWIMMING POOL, NONCOMMERCIAL
- Any constructed body of water or structure to contain water 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.
- TATTOO PARLOR
- Any establishment that uses any method of placing ink or
pigment into or under the skin or mucosa by the aid of needles or
any other instrument used to puncture the skin, resulting in permanent
coloration of the skin or mucosa. This includes all forms of cosmetic
tattooing.[Added 7-2-2007 by Ord. No. 706]
- A facility used for cultural arts performances, such as motion
pictures, drama, dance, musical, etc., that are open to the public,
not including adult-oriented establishments as defined elsewhere.[Added 4-16-2012 by Ord. No. 763]
- TRAVEL TRAILER
- A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for occasional travel, recreational, vacation or other short-term uses, having a body width of not more than eight feet and a body length of not more than 40 feet.
- TREATMENT CENTER
- A use (other than a prison or a permitted accessory use in a "hospital") providing housing facilities for persons who need specialized housing, treatment and/or counseling because of:
- (1) Criminal rehabilitation, such as a criminal halfway house or a treatment/housing center for persons convicted of driving under the influence of alcohol;
- (2) Addiction to alcohol or a controlled substance; or
- (3) A type of mental illness, criminal history or other behavior that has caused or could reasonably be expected to cause a person to be a threat to the physical safety of others.
- A unit shall be defined as an area containing four occupants.
(The definition of "unit" shall apply to the following uses: assisted
living facility, nursing home, convalescent home, treatment center,
housing for the elderly and hospital.)[Added 3-6-2017 by Ord. No. 813]
- Relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.[Added 9-17-2012 by Ord. No. 775]
- WATER SUPPLY SYSTEM, PUBLIC
- The public utility system operated by the Hellertown Borough Authority or successors designed to transmit water from a common source to users.
- Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)[Added 3-6-2017 by Ord. No. 814]
- Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.[Added 3-6-2017 by Ord. No. 814]
- WIRELESS COMMUNICATIONS FACILITY (WCF)
- The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.[Added 3-6-2017 by Ord. No. 814]
- WIRELESS SUPPORT STRUCTURE
- A freestanding structure, such as a commercial communications
tower or any other support structure that could support the placement
or installation of a wireless communications facility if approved
by the Borough.[Added 3-6-2017 by Ord. No. 814]
- YARD, FRONT
- The required open unoccupied space situated between the nearest roofed portion of the building and the front lot line and extending from side lot line to side lot line.
- YARD, REAR
- The required open unoccupied space 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.
- YARD, SIDE
- The required open unoccupied space situated between the nearest roofed portion of the building or of any accessory building and side lot line of the lot and existing through from the front yard, or from the lot line where no front yard exists, to the rear yard, or to the rear lot line where no rear yard exists.
- ZONING OFFICER
- The Borough official designated to administer and enforce this chapter.
Editor's Note: See 68 Pa.C.S.A. § 5502.
Editor's Note: Former 53 P.S. § 301 et seq. [5-2-1945 (P.L. 382)] was repealed 6-19-2001 (P.L. 287, No. 22); see now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
Editor's Note: See 47 P.S. § 1-101 et seq.
Editor's Note: See 10 P.S. § 162.1 et seq.
Editor's Note: The former definition of "cellular telephone," added 7-5-2005 by Ord. No. 676, which immediately followed this definition, was repealed 3-6-2017 by Ord. No. 814.
Editor's Note: See 26 Pa.C.S.A. § 101 et seq.
Editor's Note: The Unit Property Act, former 68 P.S. § 700.101 [7-3-1963 (P.L. 196)], was repealed 7-2-1980 (P.L. 286, No. 82); for the Uniform Condominium Act, see 68 Pa.C.S.A. § 3101 et seq.
Editor's Note: This ordinance also repealed definitions of "group care facility, large" and "group care facility, small," which immediately followed this definition.
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
Editor's Note: The former definition of "tower," added 7-5-2005 by Ord. No. 676, which immediately followed this definition, was repealed 3-6-2017 by Ord. No. 814.