Borough of Red Hill, PA Part 2 INTERPRETATION AND DEFINITIONS

§ 27-201 Interpretation and Definitions.

[Ord. 300, 12/4/1984, § 2.1; as amended by Ord. 409, 6/13/2001, § I; by Ord. 412, 11/13/2002, § I; by Ord. 427, 6/4/2004, § I; by Ord. 423, 9/8/2004; and by Ord. 443, 9/14/2005, § IV]

1. Interpretation. For the purposes of this Chapter, words and terms used herein shall be interpreted as follows:

A. Words in the present tense shall include the future tense.

B. The singular shall include the plural, and the plural shall include the singular.

C. The masculine gender shall include the feminine and the feminine will include the masculine, and the neuter.

D. The word "shall" is always mandatory, and the word "may" or "should" is always permissive.

E. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be occupied."

F. The word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof."

G. Any word or term not defined in this Chapter shall be used with a meaning of standard usage.

2. Definitions. When used in this Chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise.

ABUT

Next to or adjacent to, and includes the words "directly across from streets, natural features and rights-of-way."

ACCESS DRIVE

A privately owned, constructed and maintained vehicular access from a public or private street to four or more off-street parking spaces or to at least one loading space.

ACCESSORY BUILDING

A building (such as a private garage, private tool house or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.

ACCESSORY STRUCTURE

A structure serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.

ACCESSORY USE

A use subordinate to the principal use on the same lot and customarily incidental thereto.

ACRE

43,560 square feet.

ADJACENT

A state of being side by side, next to, adjoining, contiguous or abutting one to another.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or an establishment with a designated segment or section devoted to the sale or display of such material.

ADULT MOTION PICTURE THEATER

An enclosed building or outdoor theater used for presenting motion pictures, slides or video tape disks or similarly reproduced images distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities for observation by patrons therein.

AGE QUALIFIED HOUSING

Housing units arranged and constructed to serve the needs of older persons who prefer an independent residential environment. Age qualified housing shall comply with applicable regulations of the Federal Fair Housing Act, as amended.

AGRICULTURE

The cultivating of the soil, and the raising and harvesting of the products of the soil including, but not by way of limitation, nursery, horticulture and forestry.

AGRICULTURAL INDUSTRIES

The processing, treating, packing or storing of agricultural products.

ALLEY

A public or private way affording only secondary means of access to the back or side properties otherwise abutting on a street.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or mechanical equipment or an enlargement of the building and/or structure, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ANIMAL HOSPITAL

A building, structure or area of land where animals are given medical care, other than the premises where such animals are normally kept.

ANIMAL HUSBANDRY

The raising and keeping of livestock, fish, fur-bearing animals, honey bees or poultry for any commercial purpose. The keeping of livestock, fish, fur-bearing animals, honey bees or poultry as farm pets or for domestic purposes pursuant to the regulations of this Chapter shall not be construed as animal husbandry.

ARCADE

A place of business where three or more coin operated video screen game machines are located.

AUDITORIUM

A building containing a stage and seating for meetings and/or performances.

AUTO, RECREATION VEHICLE OR BOAT SALES AREA

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles, recreation vehicles or boats in operable condition, and where no major repairs are done.

AUTO REPAIR GARAGE

Buildings and land where gasoline and other automobile parts and supplies are sold at retail and where major auto repairs are conducted.

AUTO SERVICE STATION

Buildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories are supplied and dispensed at retail and where minor auto repairs and services are conducted.

AUTO WRECKING

The dismantling or disassembling of used motor vehicles or recreation vehicles, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

BANK

Includes Savings and Loan, finance companies, credit unions and other similar commercial or financial entities.

BASEMENT

That portion of a building which is partly below and partly above grade and having more than 1/2 its height above grade (see "cellar").

BEACON LIGHTING

Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.

[Added by Ord. 2014-507, 7/9/2014]

BLOCK

Property bounded on one side by a street, and on the other three sides by a street, railroad right-of-way, public park, waterway, Borough line, tract of land held in separate ownership or any combination thereof.

BLOCK FRONTAGE

That portion of a block which abuts a single street.

BOARD

Any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjurations.

BOARDING HOUSE

A building used for the purpose of a residence for one family in which the resident rents a room within the building, or in a building accessory thereto, to not more than six nontransient persons, with or without the provision of table board for such persons.

BOROUGH

The Borough of Red Hill, Montgomery County, Pennsylvania.

BOROUGH COUNCIL

The duly elected governing body of the Borough of Red Hill, Montgomery County, Pennsylvania.

BUFFER

An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, "buffer" may be included as part of the required setbacks and yard areas. Buffers are divided into two types.

A. SCREEN BUFFER A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to provide a minimum initial barrier of 60% and to effectively block the view from one side to another during all seasons of the year.

B. SOFTENING BUFFER A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to provide a minimum initial barrier of 35% and to soften and ease the view from one side to another during all seasons of the year.

BUILDING

A structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property. "Building" is interpreted as including "or part thereof."

BUILDING COVERAGE

The ratio obtained by dividing the maximum horizontal cross-section of all principal and accessory buildings on a lot (including balconies and decks, covered porches, carports and breeze-ways but excluding patios) by the total area of the lot upon which the buildings are located.

BUILDING LINE

The line of a structure or building existing at the effective date of this Chapter or the legally established line which determines the location of a future building or structure with respect to any lot line and yard requirement.

BUILDING HEIGHT

A building's vertical measurements from the one mean level of ground surrounding the building to a point midway between the highest and lowest points of the roof; provided, that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating the height.

CABARET

A club, bar, tavern, theater, hall or similar place which features topless or bottomless dancers, entertainers or employees, strippers, simulated sex acts, live or actual sex acts or similar entertainers or entertainment.

CAMPGROUND

Any lot, parcel or tract of land upon which space is rented for two or more tents, recreation vehicles, camping trailers, travel trailers, pick-up coaches, motor homes or any combination thereof for temporary occupancy.

CARPORT

A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

CARTWAY

The paved portion of a street or highway designed for vehicular traffic.

CELLAR

That portion of a building which is partly or completely below grade, and having more than 1/2 of its height below grade (see "basement").

CEMETERY

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

COMMERCIAL MOTOR VEHICLE

A motor vehicle licensed by the Commonwealth in a class other than Class I or Class II.

COMMERCIAL SERVICES

A business which provides a service or sells retail goods predominately to businesses and not to the general public (including quick-printing, office supply stores, etc.).

COMMISSION

The Planning Commission of the Borough of Red Hill.

CONDITIONAL USE

A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this Chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

CONDOMINIUM

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 those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963 or the Pennsylvania Uniform Condominium Act.

CONSTRUCTION

Includes the placing of construction materials in permanent position and fastening in a temporary or permanent position; includes the demolition of a preexisting building; provided, that further construction be diligently carried on.

CONVERSION

To change or adapt land or structures to a different use, occupancy or purpose.

COUNTY

The County of Montgomery, Commonwealth of Pennsylvania.

CURATIVE AMENDMENT

A proposed zoning amendment made to Borough Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.

DAY CARE CENTER

A facility in which care is provided for seven or more children at any one time, where the child care areas are not being used as a family residence. Care shall be provided by full-time adult supervision; children served by the day care center shall be under the age of 12.

DECISION

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 Borough lies.

DETACHED

A state of being surrounded on all sides by yards.

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

A. The Borough Council.

B. The Zoning Hearing Board.

C. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPABLE ACRE

A measurement of land area which excludes the area of the existing rights-of-way and includes only the land that can be built on.

DIGITAL DISPLAY

The portion of the sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.

[Added by Ord. 2014-507, 7/9/2014]

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense Medical Marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[1]

[Added by Ord. 2017-532, 4/12/2017]

DISTRICT OR ZONING DISTRICT

A portion of the territory of the Borough within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.

DRIVEWAY

A privately owned and constructed vehicular access from a private or public street to three or less off-street parking spaces.

DUMP

A site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, trash, junk, vehicles or parts thereof, or waste material of any kind.

DUMPSTER

[Added by Ord. No. 2018-548, 9/12/2018]

A. TEMPORARY DUMPSTER A dumpster not used for regular collection of trash but placed on or at a property for a special purpose such as collection of demolition waste, construction waste, items discarded while moving, clean outs, fire and/or flood restoration or other temporary special purpose.

B. REGULAR COLLECTION DUMPSTER A dumpster located on a property for the regularly-scheduled collection of waste generated on the property, including, but not limited to, regular household waste, garbage, perishables and similar waste which is collected on a scheduled and routine basis. The definition of a regular collection dumpster shall include dumpsters for multi-family residential waste collection but shall not include trash cans, wheeled trash totes, trash bags or any other portable trash receptacles used for collection of individual residential household waste.

DWELLING OR DWELLING UNITS

A house, an apartment or other group of rooms or a single room is regarded as a dwelling when it is occupied or intended for occupancy as separate living quarters; that is, when the occupants do not live and eat with other persons in the structure and there is either (1) direct access from the outside or through a common hall or (2) separate kitchen or cooking equipment for the exclusive use of an occupant of the unit.

DWELLING TYPES

[Amended by Ord. No. 2017-534, 7/12/2017; and by Ord. No. 2022-578, 4/13/2022]

A. SINGLE-FAMILY DETACHED DWELLING (or single-family dwelling) A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjoining building.

(1) MOBILE HOME A transportable single-family detached dwelling, other than a travel trailer or motor home, as hereinafter described certified by appropriate State and Federal agencies intended for permanent occupancy contained in one or more units designed to be joined into one integral unit capable of again being relocated, which arrives at the 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.

(2) MODULAR HOME A single-family detached dwelling designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and connected to utilities. The term "modular home" shall not be deemed to include a "mobile home."

B. SINGLE-FAMILY ATTACHED DWELLING A multi-dwelling building designed for and occupied exclusively as the residence for one family per dwelling with no more than two party walls in common with any other dwelling.

C. SINGLE-FAMILY SEMI-DETACHED DWELLING (TWIN) A two-dwelling building designed for and occupied exclusively as the residence for one family per dwelling and having a party wall unpierced by openings in common with the adjacent dwelling; but detached from any other building.

D. TWO-FAMILY DETACHED DWELLING (DUPLEX) A two-dwelling building designed for and occupied exclusively as the residence for one family per dwelling with one of the dwellings being wholly or partly over the other rather than side by side.

E. MULTIFAMILY DWELLINGS (MULTIPLEX) A detached multiple-dwelling building occupied exclusively as the residence of three or more families, each living independently of the other in individual dwellings.

(1) LOW-RISE APARTMENT A multifamily dwelling (multiplex), as defined above, which is three stories or less in height.

(2) MID-RISE APARTMENT A multifamily dwelling (multiplex), as defined above, which is four or five stories in height.

F. VILLAGE SINGLE DWELLING A building designed for and occupied exclusively as a dwelling for one family that is detached from neighboring structures. A village single dwelling is permitted on a smaller lot than a traditional single-family detached dwelling and typically has a smaller front yard.

EASEMENT

A vested or acquired right to use land other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.

FACADE

The face of a building, especially the principal front that looks onto a street or open space. A facade may be a building face given special architectural treatment.

[Added by Ord. 2017-534, 7/12/2017]

FAMILY

Any number of individuals living together as a single, housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children under the care of same; or no more than five unrelated individuals living together as a single, housekeeping unit using a single kitchen facility and a common eating area. Domestic servants shall be considered an adjunct to the term "family." This definition excludes the occupants of a club, fraternity house, lodge, residential club and boarding house.

FAMILY DAY CARE HOME

Any premise other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to a maximum of six children who are not relatives of the caregiver.

FARMER'S MARKET

An area where two or more enterprises sell agricultural, horticultural and animal husbandry products.

FAST FOOD RESTAURANT

A building in which food is prepared and served to the public for consumption, but where no waiters or waitresses take orders and serve food to seated patrons at tables, booths or counters.

FENCE

A manmade barrier constructed of commercially-available fencing materials purchased from a reputable retailer or wholesaler and placed or arranged as a line of demarcation between lots or to enclose a lot or a portion thereof. Fencing constructed of pallets, scrap lumber, scrap wood or unmilled wood from trees or other noncommercially-available fencing material is specifically prohibited. The term "Fence" shall be deemed to include a wall constructed as a line of demarcation between lots or to enclose a lot or a portion thereof. All such walls must be constructed of materials approved by Borough Council prior to the issuance of permits and construction of the wall.

[Amended by Ord. 2013-500, 7/10/2013; and by Ord. 2017-539, 7/12/2017]

FESTOON LIGHTING

A type of illumination comprised of either:

A. A group of incandescent light bulbs hung or strung overhead or on a building or other structure; or

B. Light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.

[Added by Ord. 2014-507, 7/9/2014]

FLOOR AREA (GROSS FLOOR AREA)

The total area of all floors, as measured to the outside surfaces of exterior walls (or from the center line of party walls separating two buildings), but excluding cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies, decks, basements and terraces.

FOOTCANDLE

A unit of light intensity stated in lumens per square foot and measurable with a luminance meter.

[Added by Ord. 2014-507, 7/9/2014]

GARAGE, PRIVATE

An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than two commercial vehicles or trucks may be stored in a private garage.

GARAGE, PUBLIC

A building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.

GARAGE, STORAGE

A one-story private or public building used solely for the storage of motor vehicles (other than trucks) but neither used for the sale, service or repair thereof nor used for the sale of fuel, accessories or supplies.

GARAGE SALE

Includes all sales entitled "garage sale," "yard sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.

GENERAL MERCHANDISE STORE

A building with less than 10,000 square feet of floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this Chapter.

GOVERNMENT SERVICES AND FACILITIES

Municipal, County, State or Federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments.

GRADE

The elevation of finished ground or paving.

GROSS SITE AREA

The total area of a lot as measured to its deeded boundaries.

GROUP HOME

A building occupied as a residence by one resident supervisor and no more than five residents who receive twenty-four-hour resident supervision and is licensed under an applicable State program.

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to grow and process Medical Marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[2]

[Added by Ord. 2017-532, 4/12/2017]

GROWING/PROCESSING FACILITY

A building or structure used to grow and process Medical Marijuana by a licensed Grower/Processor that meets all requirements of the Medical Marijuana Act.

[Added by Ord. 2017-532, 4/12/2017]

HAZARDOUS WASTES

Those wastes where a significant potential exists for causing adverse public health or environmental impacts as defined by either State or Federal law and/or if the waste is handled, stored, transported, treated or disposed of in a manner customarily accepted for nonhazardous solid or liquid wastes and/or subject to special State or Federal licensing.

HEALTH CLUB

A building where indoor exercise equipment and facilities are provided for members and guests.

HISTORICAL CONSULTANT

A consultant who shall possess the professional qualifications of the National Park Service as designated by the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. The qualifications of the consultant shall include the minimum education and experience required in one or more of areas of expertise such as: history, archeology, architectural history, architecture, or historic architecture.

HOME OCCUPATION

An accessory use that is customarily carried on within a dwelling unit or in an accessory building by one or more occupants of such dwelling unit except that one person not residing in such dwelling may be employed.

HOSPITAL

A building used for the diagnosis, treatment or other care of human ailments. Unless otherwise specified, "hospital" shall be deemed to also include a sanitarium, sanitorium, clinic, medical center or other equivalent use.

HOTEL

A building used for the purpose of furnishing for compensation temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons.

HOUSING FOR THE ELDERLY

Those housing units designed for and intended for occupancy exclusively by those persons over the age of 62. Such units include, but are not limited to, those projects developed under applicable Federal and/or State housing assistance programs. Such housing units shall contain appropriate safety features pertinent to the needs of their residents and recreational and other community facilities as an integral part of their development concept.

ILLUMINATION

A source of any artificial or reflected light, either directly from a source of light incorporated within or indirectly from an artificial source.

[Added by Ord. 2014-507, 7/9/2014]

IMPERVIOUS COVERAGE

The land area covered by buildings and paved surfaces which do not permit water to penetrate into the soil. Buildings, parking, driveways, compacted gravel surfaces, walks, courts, pools (swimming and ornamental) and patios are included unless constructed of pervious or porous materials as determined by the Borough.

[Amended by Ord. 2017-535, 6/14/2017]

IMPROVEMENT

A structure or public utility, or any other installation or physical change made in a property with a view to increasing its value, utility or appearance.

JUNK OR SALVAGE

Any discarded material or articles including, but not limited to, scrap metallic or nonmetallic items, whole or parts of vehicles and equipment, paper, glass, containers and structures. It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.

JUNKYARDS (SALVAGE YARDS)

Any land or structure where junk or salvage is discarded, bought, sold, exchanged, stored, bailed, cleaned, packed, disassembled or handled.

KENNEL

Any lot on which three or more adult (over six months of age) dogs or cats are kept.

KITCHEN FACILITIES

Consist of all the following: sink with piped water, a permanent cookstove and a refrigerator.

LAND DEVELOPMENT

Any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.

(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

C. "Land development" does not include development which involves:

(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.

(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.

(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.

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.

[Amended by Ord. 2013-500, 7/10/2013]

LITTLE FREE LIBRARY

An accessory use whereby books that any person may borrow are placed into a Little Free Library Book Stand constructed on a lot.

[Added by Ord. No. 2019-558, 9/11/2019]

LITTLE FREE LIBRARY BOOK STAND

An accessory structure consisting of a small stand and enclosed box at the top that contains a door and is designed to hold approximately 20 books that are available for use by members of the public.

[Added by Ord. No. 2019-558, 9/11/2019]

LOADING, UNLOADING SPACE

A space, accessible from a street or way, in a building or on a lot, for the temporary use of the vehicles, while loading or unloading merchandise or materials.

LODGING HOUSE

See "boarding house."

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

A. CORNER LOT A lot having contiguous frontage on two or more intersecting roads. The yard setback for each road frontage shall be the front yard setback for the district in which the lot is located. One of the other two sides shall have a rear yard setback and the other shall be the side yard.

[Amended by Ord. 2013-500, 7/10/2013]

B. INTERIOR LOT A lot other than a corner lot (whose sides do not abut a street).

C. REVERSE FRONTAGE LOTS Lots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.

D. THROUGH LOT An interior lot having frontage on two streets.

LOT AREA

The total horizontal area of the lot lying within the lot lines; provided, that no area of land lying within any street line (existing or future) shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured from the existing right-of-way or ultimate right-of-way whichever is greater.

LOT AREA, GROSS

The area of land contained with the property lines of a parcel, tract or lot as described in the deed or as shown on an approved subdivision plan.

[Added by Ord. 2013-500, 7/10/2013]

LOT AREA, NET

The gross lot area, excluding the following areas:

[Added by Ord. 2013-500, 7/10/2013]

A. Any area within the street ultimate right-of-way, or within any other ultimate right-of-way, whether public or private, that provides, or is intended to provide, access to more than one lot by way of vehicular and/or pedestrian circulation.

B. Any area, easement or right-of-way to be used for emergency access, drives or fire lanes.

LOT DEPTH

The mean average horizontal distance between the front and the rear lot lines.

LOT LINE

Any property boundary line of a lot, further defined as follows:

[Amended by Ord. 2013-500, 7/10/2013]

A. FRONT LOT LINE The line identical with the street ultimate right-of-way line (also known as "street line").

B. REAR LOT LINE The line or lines most nearly parallel or concentric to the front lot line.

C. SIDE LOT LINES The lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.

D. A lot which fronts on more than one street shall have a front lot line on each street frontage.

LOT WIDTH

The horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured parallel or concentric to the ultimate right-of-way line of the higher classification of street, where applicable.

[Amended by Ord. 2013-500, 7/10/2013]

MAJOR AUTO REPAIRS

Includes major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.

MASSAGE PARLOR

Any place or establishment where a massage is available, including, without limitation, a massage school, but excluding a hospital, nursing home, medical clinic, the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath, or a barbershop or beauty salon in which a massage is administered only to the scalp, face, neck or shoulders. As used herein, a massage shall be construed to mean the performance of manipulative exercises upon the human body of another as a method of treating the external parts of the human body for comfort or pain, consisting of rubbing, stroking, kneading, tapping or vibrating with the hand or hands or with any instrument, and excluding overtly or strongly suggestive sexual contact, including, without limitation, genital contact.

[Amended by Ord. 477, 9/8/2010, § I]

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in the Medical Marijuana Act.[3]

[Added by Ord. 2017-532, 4/12/2017]

MEDICAL MARIJUANA ORGANIZATION OR FACILITY

A building or structure used as a Dispensary or a Growing/Processing Facility. The term does not include a health care medical marijuana organization under Chapter 19 or a clinical registrant under Chapter 20 of the Medical Marijuana Act.

[Added by Ord. 2017-532, 4/12/2017]

MEDICAL OFFICE BUILDING

A building used exclusively by physicians or dentists for treatment and examination of patients; provided, that no overnight patients shall be kept on the premises.

MEMBERSHIP CLUB

An area of land or building owned, leased or occupied by an association of persons, operated solely for a recreational, social, fraternal, religious, political or athletic purpose, and whose activities are confined to the members and guests.

MINOR AUTO REPAIRS AND SERVICES

Includes:

A. Sale and servicing of spark plugs, batteries and distributors and distributor parts.

B. Tire servicing and repair but not recapping or regrooving.

C. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wipe blades, grease retainers, wheel bearings, mirrors and the like.

D. Radiator cleaning and flushing.

E. Washing and polishing, and sale of automotive washing and polishing materials.

F. Greasing and lubrication.

G. Providing and repairing fuel pumps, oil filters and lines.

H. Minor servicing and repair of carburetors.

I. Emergency electrical repairs.

J. Adjusting and repairing brakes.

K. Minor motor adjustment not involving removal of the head or crankcase or racing the motor.

L. Mini grocery store with sales of packaged foods, beverages, tobacco and similar convenience goods for filling station customers, as accessory to principal operation.

M. Provision of road maps and other informational material to customers; provision of rest room facilities.

N. State inspection and normal State inspection repairs.

O. Excludes all body work and painting.

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.

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.

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.

MOTOR COURT OR MOTEL

A building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for providing sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.

MOTOR HOME

A self-propelled recreational vehicle which includes facilities for transient human occupancy such as traveling or camping.

MOTOR FREIGHT TERMINAL

The building plus contiguous space to which freight is brought for transfer, assembly and sorting for shipment by motor truck.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."

NITS

A unit of measurement of luminance, or the intensity of visible light, where one nit is equal to one candela per square meter. Nits are used to describe the brightness of displays.

[Added by Ord. 2014-507, 7/9/2014]

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 requirements set forth in § 27-409.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior to the application of this Chapter 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 this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or amendment, or prior to the application of this Chapter or amendment to its location by reason of annexation.

NURSERY/GREENHOUSE

The raising of trees (for transplanting), ornamentals, shrubs, flowers or houseplants for any commercial purpose.

NURSING HOME

A building containing sleeping rooms used by elderly persons who are lodged and furnished with meals with or without nursing care. Unless otherwise specified, a "nursing home" shall be deemed to also include a convalescent home, rest home, life care community or other similar use.

OFFICE

A building in which a business is conducted, but no merchandise is displayed or professional or personal services are performed.

OFFICIAL MAP

The official map as adopted or amended by Borough Council showing the characteristic of streets, watercourses and public grounds.

OFFICIAL STREET CLASSIFICATION MAP

The map as adopted or amended by Borough Council classifying the streets of the Borough into functional categories.

OFFICIAL ZONING MAP

The map as adopted or amended by Borough Council which designates the location and boundaries of zoning districts.

OPEN SPACE

Public or private lands designated for the use and enjoyment of residents of a development and/or the general public, incorporating natural features such as woodlands, streams, or meadows, and including state, county or Red Hill Borough parks, trails, and other recreational facilities. Also includes "common open space" as defined below and other private lands which are available for the use of Red Hill Borough residents (i.e., through access easements). (See "open space, common.")

[Amended by Ord. 2013-500, 7/10/2013]

OPEN SPACE, COMMON

A parcel or parcels of land, an area of water or a combination of land and water within a development site designed and intended for the use and enjoyment of Red Hill Borough residents or occupants of the development or community or for the protection of natural or historic resources, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall not be part of individual residential lots and shall be substantially free of structures but may contain recreational facilities (including tennis courts, playgrounds, golf courses, swimming pools or other like uses) for park users or historic buildings as are shown in the approved development plan.

[Amended by Ord. 2013-500, 7/10/2013]

ORCHARD

The raising and keeping of tree crops for any commercial purpose, including a Christmas tree farm.

ORDINANCE

The Zoning Ordinance for the Borough of Red Hill, including the Official Zoning Map, and any amendments enacted by Borough Council.

PARK

Any publicly owned area which is predominantly open space and is used principally for active or passive recreation.

[Amended by Ord. 2013-500, 7/10/2013]

PARKING FACILITIES

Outdoor areas or specially designed buildings or garages used for the storage of vehicles.

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle.

PATIO

An area or courtyard which is not covered by a roof or permanent awning, and is designed for outdoor living purposes as an accessory use to a structure. A patio with footers, for purposes of this Chapter, shall be considered a structure which complies with all applicable yard requirements in this Chapter.

PENNANT

A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.

[Added by Ord. 2014-507, 7/9/2014]

PERMIT

A document issued by the proper Borough authority authorizing the applicant to undertake certain activities.

A. BUILDING PERMIT A permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough which authorizes an applicant to commence with said construction, alteration or reconstruction.

B. OCCUPANCY PERMIT A permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this Chapter and may be used for the purposes set forth in the occupancy permit. For purposes of this Chapter, an occupancy permit is also issued for all commercial and industrial uses and for multiple-family dwellings where there is change in the use of a structure or parcel of land or the re-occupancy of a structure of land.

C. ZONING PERMIT A permit issued indicating that a proposed use, building or structure is in accordance with this Chapter which authorizes an applicant to proceed with said use, building or structure.

PERMITTED USE

A use which does not require special action by the Zoning Hearing Board or by Borough Council before a zoning permit is granted by the Zoning Officer.

PERSON

An individual, partnership, organization, association, trust or corporation. When used in a penalty provision, "person" shall include the members of such partnership, the trustees of such trust and the officers of such organization, association or corporation.

PERSONAL SERVICE

A business which provides a service oriented to personal needs which do not involve primarily retail sales of goods or professional advisory services. Personal services includes barber and beauty shops, shoe repair shops, household appliance repair shops and other similar establishments.

PLANNED DEVELOPMENT

An area of land under single ownership containing any combination of two or more principal uses permitted by right, as a special exception, or as a conditional use in the district in which the development is proposed; provided, special exception use or conditional use approval must be obtained for any proposed use so listed in the regulations of the district in which the development is proposed.

PLANNING COMMISSION

The Planning Commission for the Borough of Red Hill.

PORCH

A roofed or unroofed structure projecting from the front, side or rear wall of a building.

PORTABLE STORAGE CONTAINER

A weather-resistant, portable storage and/or moving container, with or without wheels affixed to the container, designed to be readily moved by truck and/or trailer, which is used for storing and/or moving of personal property.

[Added by Ord. No. 2018-548, 9/12/2018]

PRINCIPAL BUILDING

The building in which the principal use of a lot is conducted.

PROFESSIONAL OFFICE

A building in which services are performed by a member of a profession including, but not limited to, an accountant, architect, author, community planner, dentist, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist, physician, realtor or undertaker.

PUBLIC GROUNDS

Includes:

A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.

B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

C. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this Chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§ 271 et seq.

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.

RADIO/TV TRANSMITTER

Any structure used for the transmission or retransmission of a commercial radio or TV broadcast signal.

RENTAL UNIT

One or more rooms intended to be occupied by one family as separate living quarters but does not contain one or more of the following: sanitary facilities, kitchen facilities or direct access from the outside or through a common hall.

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.

RESTAURANT

A building in which food is prepared and served to the public for consumption, where waiters or waitresses take orders and serve food to people at tables, booths or counters.

RETAIL CENTER

A building with 10,000 square feet or more of floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this Chapter.

RETAIL STORE

A building with less than 5,000 square feet in floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this Chapter.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied at some future date by roads, railroads, transmission lines, pathways, oil and gas pipelines, waterlines, sewer lines, and other similar facilities.

[Amended by Ord. 2013-500, 7/10/2013]

ROOMING HOUSE

See "boarding house."

SANITARY FACILITIES

All of the following: sink with piped water, a toilet and a bathtub or shower with piped water.

SEWAGE DISPOSAL SYSTEM

A system designed to collect, treat and dispose of sewage as defined by the Sewage Facilities Act of Pennsylvania.

SHOPPING CENTER

A group of commercial establishments planned, developed, owned and managed as a unit, with parking shared.

SIGN

A visual display or image which is affixed to, painted or represented directly or indirectly upon a building, structure, land or any surface and which directs attention to an object, product, service, place, activity, person, institution, organization or business, regardless of whether such display or image is permanent or temporary, which shall include all corporate logos, symbols or any other icons representative of any type of business, even if such logos, symbols or icons do not contain any lettering; however, displays or images which are purely decorative such as decorative wood work or other gratuitous decorative art work surrounding a sign shall be excluded.

A. ABANDONED SIGN A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days in the case of off-premises signs or at least 360 days in the case of on-premises signs.

[Added by Ord. 2014-507, 7/9/2014]

B. ANIMATED SIGN A sign depicting action, motion, or light or color changes through electrical or mechanical means.

[Added by Ord. 2014-507, 7/9/2014]

C. BALLOON SIGN A lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner.

[Added by Ord. 2014-507, 7/9/2014]

D. FREESTANDING SIGN A sign which is not attached to a building.

E. ILLUMINATED SIGN A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.

[Added by Ord. 2014-507, 7/9/2014]

F. INTERACTIVE SIGN An electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers.

[Added by Ord. 2014-507, 7/9/2014]

G. MESSAGE CENTER SIGN A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.

[Added by Ord. 2014-507, 7/9/2014]

H. OFF-PREMISES SIGN A sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered elsewhere than upon the premises where the sign is located or to which it is affixed.

I. ON-PREMISES SIGN A sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed (including signs offering premises for sale, rent or development or advertising building trades during construction or alteration).

J. PARALLEL SIGN A sign which is attached to or is part of the facade of a building and does not extend more than 14 inches from such facade.

K. PERMANENT SIGN Any sign located on a lot for 180 days or more in any calendar year.

L. PROJECTING SIGN A sign which is attached to the facade of a building and extends more than 14 inches from such facade.

M. REFLECTIVE SIGN A sign containing any material or device which has the effect of intensifying reflected light.

[Added by Ord. 2014-507, 7/9/2014]

N. REVOLVING SIGN A sign which revolves in a circular motion; rather than remaining stationary on its supporting structure.

[Added by Ord. 2014-507, 7/9/2014]

O. ROOF SIGN A building-mounted sign erected upon, against, or over the roof of a building.

[Amended by Ord. 2014-507, 7/9/2014]

P. SNIPE SIGN A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as "bandit sign.")

[Added by Ord. 2014-507, 7/9/2014]

Q. TEMPORARY SIGN Any sign located on a lot for less than 180 days in any calendar year.

R. WINDOW SIGN A sign affixed to or visible through a window of a building.

SIGN, GROSS SURFACE AREA OF

The gross surface area of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

SIGNS, EXTERNAL ILLUMINATION

Artificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.

[Added by Ord. 2014-507, 7/9/2014]

SIGNS, INTERNAL ILLUMINATION

A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.

[Added by Ord. 2014-507, 7/9/2014]

SITE ALTERATION

Includes regarding the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses.

SOLAR ACCESS

The capability of receiving direct sunlight between 9:00 a.m. and 3:00 p.m. (solar time) on areas of a lot within required yard areas.

SOLID WASTE DISPOSAL AREA OR FACILITY

A place including, but not limited to, a sanitary landfill where garbage, trash or junk is disposed of or is processed or recycled for disposal or reuse. Such use shall not include the disposal or processing of hazardous or radioactive materials.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.

STORY (AND HALF-STORY)

That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven feet shall be considered a full story. Any such portion of a building having a vertical distance of less than seven feet shall be considered a half-story, basements shall be considered full stories while cellars shall not be considered as being stories or half-stories.

STREAMERS

A display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.

[Added by Ord. 2014-507, 7/9/2014]

STREET or ROAD

Any right-of-way which serves to access and provide for transportation between multiple properties, whether under public or private ownership, and used or intended to be used by vehicular traffic and pedestrians, and which may also be used to provide space for sewer, other utilities and sidewalks, including street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or other similar facilities. Categories of streets are further defined as follows:

[Amended by Ord. 2013-500, 7/10/2013]

A. ARTERIAL Arterial streets provide a high degree of mobility in order to better serve trips of longer length. Access to abutting property is not their major function, and access controls are desirable to enhance mobility. A principal arterial is a major highway not on the interstate system with generally two to four lanes. Principal arterials primarily carry the highest volumes of traffic on a regional level. They connect to major transportation and employment centers and carry significant amounts of traffic. Both urban and rural principal arterials generally have posted speeds of 45 miles per hour dependent upon local site conditions.

B. COLLECTOR Collector streets serve a dual function of providing a mix of accessibility and mobility. They typically serve trips of up to four miles in length and channel or distribute traffic to or from a road of a higher classification. Major collectors provide a combination of access and mobility with more emphasis on mobility. They accommodate trips within and between neighboring municipalities. Access is permitted with at-grade intersections and ideally is limited to major access driveways of selected land uses such as retail or employment centers. A major collector may serve as a major road through large industrial parks or provide key connections between roads of higher classification.

C. LOCAL Local roads and streets have relatively short trip lengths, generally not exceeding one mile. Because property access is their main function, there is little need for mobility and high operating speeds. This function is reflected by use of lower posted speed between 25 miles per hour and 35 miles per hour. Through traffic is discouraged from using local roads. Local roads can only provide a link between individual properties and the collector road network.

D. RESIDENTIAL New streets or extensions of existing streets in residential developments function primarily to provide vehicular access and street frontage for each lot. Parking on both sides is assumed on residential streets unless no driveways take access on them or the development otherwise provides significant off-street public parking which is convenient to all the proposed houses.

E. NONRESIDENTIAL ACCESS Nonresidential access streets function primarily to provide vehicular access and street frontage for industrial, office, institutional and commercial lots and land uses.

STREET LINE

A line identical to the ultimate right-of-way line.

[Amended by Ord. 2013-500, 7/10/2013]

STREET RIGHTS-OF-WAY

Rights-of-way for street purposes are defined as follows:

[Added by Ord. 2013-500, 7/10/2013]

A. LEGAL RIGHT-OF-WAY The total width of any land dedicated as a street as reflected on a recorded subdivision plat, boundary plat or dedication plat.

B. ULTIMATE RIGHT-OF-WAY The total width of any land which is projected as necessary for adequate handling of anticipated maximum traffic volumes, determined by the street's function, in accordance with street classifications contained in this Chapter, and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan. The ultimate right-of-way becomes the legal right-of-way when it has been offered for dedication and accepted by Red Hill Borough.

C. EQUIVALENT RIGHT-OF-WAY A street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with street classifications contained in this Chapter, and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBTERRANEAN BUILDING

A building covered by land on at least 50% of the total surface of its walls and roof.

SWIMMING CLUB

An area containing a swimming pool which is used by the public or by members for a fee.

SWIMMING POOL

A body of water or receptacle for water having a depth at any point greater than 30 inches which is primarily used or intended to be used for swimming or bathing.

TEMPORARY OCCUPANCY (SEASONAL OCCUPANCY)

The use of any premises or structure for living and/or sleeping purposes for less than 100 consecutive days in any calendar year.

TEMPORARY STRUCTURE

A structure which is not designed to last or to be used for a specific use for more than one year.

TOURIST HOME

A dwelling in which sleeping accommodations for less than 10 persons are provided for compensation.

TRAVEL TRAILER

A recreational vehicle requiring a separate power source for pulling, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.

ULTIMATE RIGHT-OF-WAY LINE

The dividing line between a lot and the outside limit of a street ultimate right-of-way. Identical with "front lot line" and "street line."

[Added by Ord. 2013-500, 7/10/2013]

USE

Any activity, occupation, business or operation carried on or intended to be carried on in a structure or on a lot.

VARIANCE

Relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

VETERINARIAN OFFICE

See "animal hospital."

VILLAGE HOUSING

The development of land with single-family detached or attached housing on a large site with area set aside for open space. The open space requirement can be satisfied with a fee-in-lieu or a credit for other improvements, as determined by Borough Council.

WAREHOUSE

A building or group of buildings primarily used for the commercial storage, transfer and distribution of products and materials.

WAREHOUSE, MINI

A building or group for buildings situated in a controlled access compound which are divided into individual separate access units which are rented or leased for the storage of tangible personal property.

WATER SUPPLY SYSTEM

A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate State agencies and the Borough.

YARD

The area(s) of a lot between the principal structure on a lot and the lot line of the lot, which must remain free of buildings or other structures and may be used as lawn or planted area, parking, or driveway space, in compliance with the provisions of this Chapter. A yard is measured at right angles from the right-of-way or lot line to the nearest building wall. Yard is further defined as follows:

[Amended by Ord. 2013-500, 7/10/2013]

A. YARD, FRONT A yard which extends across the full width of a lot along the front lot line, for a depth equal to the minimum front yard setback distance required by the specific regulations of the Zoning Ordinance,[4] measured perpendicular from the street right-of-way line, unless stated otherwise, toward the center of the lot.

B. YARD, REAR The space extending across the full width of a lot along the rear lot line, for a depth equal to the minimum rear yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the rear lot line to the center of the lot.

C. YARD, SIDE A space extending from the front yard to the rear yard along a side lot line for a depth equal to the minimum side yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the side lot line toward the center of the lot. However, corner lots shall be regarded as having two front yards for the frontage along a street. Therefore, the setback for a side yard with street frontage shall be the same as the front yard setback for the zoning district in which the property is located.

ZONE

See "district."

ZONING HEARING BOARD

See "Board."

ZONING OFFICER

The person or agency appointed by Red Hill Borough to administer and enforce the provisions of the Zoning Ordinance. The term "Zoning Officer" shall also include any duly appointed staff or assistants.

[Amended by Ord. 2013-500, 7/10/2013]

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

[2] Editor's Note: See 35 P.S. § 10231.101 et seq.

[3] Editor's Note: See 35 P.S. § 10231.101 et seq.

[4] Editor's Note: See Chapter 27, Zoning.