Unless the context otherwise requires, the following definitions
shall be used in the interpretation of this chapter. Words used in
the present tense shall include the future; the singular number shall
include the plural, and the plural the singular; the word "person"
shall include a corporation, partnership, trust, company, organization,
firm and association as well as an individual; the word "lot" shall
include the words "plot" and "parcel"; the word "used" or "occupied,"
as applied to any land or building, shall be construed to include
the words "intended, arranged, designed, rented, leased, or intended
to be used or occupied"; and the terms "shall" and "will" are mandatory,
the words "may" and "should" are permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises, or the removal of the characteristic
equipment or furnishings used in the performance of a nonconforming
use without its replacement by similar equipment or furnishings, or
the replacement of the nonconforming use or structure.
To physically touch or border another lot, use, or district
boundary; to share a common property line.
A means, other than a street, which provides vehicular access
from a street or public road to a lot; e.g., a driveway or private
right-of-way.
See "building, accessory."
A residential dwelling unit which is accessory to the principal commercial use of a lot, i.e., an apartment located above or adjoining a retail establishment. (See also § 286-45.)
See "structure, accessory."
See "use, accessory."
For the purposes of this chapter, the term "adjoining" shall
be defined as the sharing of all or part of a common lot line with
another lot or parcel of land. (See also "abut.")
An establishment, from which minors are generally excluded,
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 nudity or sexual
conduct.
Adult bookstores, adult theaters, adult cabarets, adult massage parlors, and similar establishments providing entertainment of a sexual nature. (See § 286-40.)
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Borough
official for the purpose of obtaining approval thereof.
For the purposes of this chapter, an alley shall be defined
as a permanent, public or private serviceway used primarily for vehicular
access to the back or sides of properties otherwise abutting on a
street.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or increasing in height, or the moving
from one location or position to another. For the purposes of this
chapter, an alteration shall not include maintenance and other repair
activities.
A facility which provides for indoor recreation activities, including but not limited to bowling alleys, roller skating rinks, motion-picture theaters, health clubs, and similar types of enterprises, but excluding adult entertainment establishments as defined herein. (See § 286-39.)
An establishment where animals are given medical or surgical
treatment and may be boarded for short-term care incidental to their
treatment.
Any landowner or developer who has filed an application for
development, including his heirs, assigns and successors.
The surface included within a set of lines.
AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
AREA LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.
AREA SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
A room or structure in which original works of art or limited
editions of original art are bought, sold, loaned, appraised or exhibited
to the general public.
The holding of a commercially operated sale of personal property and/or real estate. (See § 286-48B.)
A building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm equipment or machinery, and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance. (See § 286-36C.)
Any building or land area used for the display and sale of new or used automobiles or other motor vehicles, including warranty repair or associated work. (See § 286-36A.)
A building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered. (See § 286-36B.)
See "financial institution."
A building or structure, or portion thereof, used primarily
for the sale or dispensing of liquor or alcohol by the drink. For
the purposes of this chapter, a bar may also include those facilities
selling bottled goods, either as a principal activity or as an accessory
use.
That portion of a building partly underground but having less
than half of its clear height below the average lot grade. (A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if it is used for
business or dwelling purposes); or
For floodplain management purposes, a basement shall be that
area of a building or structure having its floor subgrade (below ground
level) on all sides.
An owner-occupied dwelling, or part thereof, in which individual rooms are offered for transient or temporary lodging purposes by the owner for limited periods of time. Meals may also be provided for overnight guests as a part of the lodging fee. (See § 286-32.)
See "rooming or boarding house."
The Zoning Hearing Board of Muncy Borough.
See "building code official."
The governing body of Muncy Borough.
Yard space, either landscaped or planted, provided between high-intensity activities and residential uses which serves as a barrier to noise and/or visibility. (See § 286-54.)
See "area, buildable."
A structure having walls and a roof which is used for the
shelter, housing or enclosure of persons, animals or property. The
word "building" shall include any part thereof. Included shall be
all mobile or manufactured homes and trailers to be used for human
habitation.
BUILDING, ACCESSORYA detached, subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
BUILDING, PRINCIPALA building in which the principal use of the site is conducted.
BUILDING, ATTACHEDA building which has one or more walls in common with an adjacent building.
BUILDING DETACHEDA building which has no common walls and is surrounded by open space on the same lot.
The administrative officer duly appointed by the Borough
Council and charged with the duty of enforcing the provisions of Pennsylvania
Uniform Construction Code, Pennsylvania Act 45 of 1999, or as hereafter
amended, in the Borough of Muncy.[1]
The vertical distance measured from the average finished grade of the ground surrounding the building to the highest point of the roof, excluding chimneys, spires, towers, tanks and similar projections which are attached to the building. (See also § 286-52.)
See "communications antenna."
The line parallel to the street line located at a distance
which is equal to the required front yard setback for the district
in which the lot is located. This line shall be the point at which
minimum lot width is measured.
The surface area of a street or alley available for vehicular
traffic or the area between curbs, excluding shoulders, curbs, sidewalks,
or drainage swales.
A portion of a building partly underground, having half or
more than half of its clear height below grade. A cellar shall not
be considered in calculating gross floor area nor shall it be used
in determining the permissible number of stories.
The certificate required by this chapter which indicates
that all work authorized by the project's zoning permit has been
satisfactorily completed, or in a case involving no construction,
a proposed new use is in compliance with the terms of this chapter.
A certificate issued by the Zoning Officer which acknowledges
the existence of a nonconforming use, structure, or lot as of the
effective date of this chapter, thereby authorizing its right to continue
until it is eliminated or abandoned.
An alteration of a building or a change of the use existing
within a building or on a lot to a new use which imposes other provisions
of the Zoning Ordinance.
A building or structure, or group of buildings or structures,
which by design and construction are primarily intended for conducting
organized religious or worship services, and uses customarily accessory
and incidental thereto. For the purposes of this chapter, additional
uses such as schools, child nursery or day-care facilities, social
halls or similar operations associated with the church or other place
of worship shall require separate consideration and approval by Borough
officials.
An area of unobstructed vision at street or driveway intersections defined by lines of sight between points which are a specified distance from the intersection of the street center lines. (See § 286-53D.)
An establishment where patients are received for examination
and treatment by one or more physicians, dentists, psychologists,
or social workers or other health-care providers, but where no surgery
is performed and no patients are lodged overnight.
An establishment where animals are examined and treated,
but where no boarding related to such treatment is provided. (See
"animal hospital.")
A chartered, nonprofit organization, the primary purpose
of which is the advancement of its members or of the community in
education, fraternal, cultural or civic pursuits and activities.
A building or premises catering exclusively to the members
of a club or other nonprofit organization and their guests for social,
recreational, or administrative purposes. Clubs shall include, but
need not be limited to, service or fraternal organizations, as well
as other social, athletic or similar groups. (See also "club.")
Any device used for the transmission of reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or 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. This definition
shall not include private residence-mounted satellite dishes or television
antennas, or amateur radio equipment including, ham or citizen band
radio antennas.
A structure, other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support a communications antenna.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The complete plan for future development of Muncy Borough,
Lycoming County, Pennsylvania, prepared as part of the Muncy Creek
Multi-Municipal Comprehensive Plan, adopted by resolution of the Borough
Council on December 7, 2004.
See "new construction."
A building or group of buildings and space used for the storage
of construction equipment and/or building materials. Such uses may
also include equipment repair facilities and office space associated
with the contractor's operation.
A retail establishment selling a limited range of food products
as well as some household or other consumer goods. Such facilities
generally offer fewer items and maintain a smaller inventory of merchandise
than a supermarket or grocery store. In some cases, gasoline and related
automotive supplies are also offered on a self-service basis.
A dwelling or other building existing at the effective date of this chapter which is converted for residential occupancy or to accommodate a greater number of dwelling units. (See § 286-27.)
Lycoming County, Pennsylvania.
A facility enrolling more than 12 young children where tuition,
fees or other forms of compensation for the care of the children may
be charged and which is licensed, inspected and approved to operate
as a child day-care center by the Pennsylvania Department of Public
Welfare. For the purposes of this chapter, such facilities may also
provide care for adult, elderly or handicapped persons.
The number of families, individuals, dwelling units, or housing
structures permitted to be constructed or situated on a specific unit
of land.
See "clinic, dental."
Any landowner, agent of such landowner, or tenant with the
permission of the landowner, who makes or causes to be made, a subdivision
or land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of mobile homes or manufactured housing; streets, and
other paving; utilities; filling, grading and excavation; mining;
dredging or drilling operations; storage of equipment or materials;
and the subdivision of land.
A building or structure containing 5,000 or more square feet of gross floor area and/or more than four loading docks or spaces where merchandise is stored for ultimate distribution to specific wholesale or retail operators or to the general public. (See also "freight or truck terminal," "warehousing facility" and § 286-41O.)
A zoning district as identified on the official Borough Zoning
Map, along with the regulations pertaining thereto.
A minor vehicular accessway between a street and a parking
area or garage within a lot or property.
A building, structure, or shelter designed for or occupied exclusively
as the residence or sleeping place of one or more persons. (See also
"mobile home" and "seasonal dwelling.")
DWELLING, SINGLE-FAMILY ATTACHEDA single dwelling unit from ground to roof with independent outside access and a portion of one or two walls in common with an adjoining dwelling unit; i.e., a townhouse or garden apartment. For purposes of this chapter, a single-family attached dwelling structure shall contain a minimum of three dwelling units and shall be defined as new construction, not including conversions. (See § 286-28.)
DWELLING, SINGLE-FAMILY DETACHEDA dwelling structure containing one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below.
DWELLING, TWO-FAMILYAn attached or semidetached dwelling structure containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement or cellar; i.e., a duplex. For the purposes of this chapter, a two-family dwelling shall be defined as new construction, not including conversions.
DWELLING, MULTIFAMILYA dwelling structure containing three or more dwelling units with or without independent outside access; i.e., an apartment building. For the purposes of this chapter, a multifamily dwelling shall be defined as new construction, not including conversions. (See § 286-29.)
For the purposes of this chapter, a "multifamily housing development" shall be defined as a development consisting of more than one multifamily dwelling structure or more than one single-family attached dwelling structure, or a combination thereof, on a single tract of ground. (See §§ 286-28F and 286-29F.)
One or more rooms in a dwelling structure designed for use
by one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles, commercial lodging facilities, personal care or nursing
homes shall not be considered as dwelling units for the purposes of
this chapter.
A defined right of use or privilege granted for a limited
use of land, usually for a public or quasi-public purpose.
A use which is located entirely within a building or structure.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
One or more persons related by blood, marriage, adoption
or guardianship occupying a single dwelling unit and living as a single
household unit, using common living, cooking, sanitary and sleeping
facilities. (See also "group family household.")
A family residence where care is provided for no more than
six children unrelated to the resident household and which is registered
by the Pennsylvania Department of Public Welfare to provide such care.
For the purposes of this chapter, a family day-care home may also
provide care for up to six adult or elderly persons and shall be considered
to be a home occupation.
Any structure constructed of wood, metal, wire mesh, masonry blocks, or similar material erected for the purpose of screening one property from another either to assure privacy or protect the property screened. For the purposes of this chapter, a fence shall be considered to be a structure and shall require a zoning permit prior to its erection or placement. All fences shall meet the requirements of § 286-53B, and fences used as required screening shall also meet the requirements of § 286-55B.
Any act by which earth, sand, gravel, rock or other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of a stripped surface
and shall include the conditions resulting therefrom;
The difference in elevation between a point on the original
ground and a designated point of higher elevation on the final grade;
or
The material used to make a fill which is in turn used to elevate
or floodproof a building or structure.
For the purposes of this chapter, a financial institution
shall include, but need not be limited to, a bank, credit union, loan
company, or other lending institution, including drive-in windows,
automated teller machines and similar night deposit facilities.
Any building or structure used primarily for the purpose
of housing or storing firefighting apparatus, equipment and gear.
Such facilities may also include company meeting rooms, administrative
offices, and other public service space. For the purposes of this
chapter, a fire station shall be considered as a government building.
A temporary inundation of normally dry land areas.
That portion of the one-hundred-year floodplain outside of
the floodway, excluding those areas shown as approximate one-hundred-year
flood zones on the Borough's Flood Maps.
A flood that on the average is likely to occur once every
100 years (i.e., that has a one-percent-chance of occurring each year,
although the flood may occur in any year).
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See § 286-58 for flood damage control provisions.)
The designated area of a floodplain required to carry and
discharge the floodwaters of a one-hundred-year flood.
The area of a structure covered by floors.
The sum of the gross horizontal areas of all of the floors of
a building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, excluding interior
parking spaces for motor vehicles or basement or cellar floor areas
where this area is not used for business or dwelling purposes, but
including the area of all covered porches, decks, patios and terraces.
For the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of office, merchandising or service type uses, shall mean the gross floor area used or intended to be used by tenants or for service to the public or customers, patrons, clients or patients, including areas occupied by fixtures or equipment used for display or sales of merchandise. (See Article IX, Table 1 and Table 2.)
FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five feet.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
Any building or premises upon which a business, service or
industry involving the maintenance, servicing, storage or repair of
commercial vehicles is located or conducted, including the dispensing
of motor fuel or other petroleum products, the sale of accessories
or equipment for motor vehicles, or the storage of freight or cargo.
Such uses may also include overnight accommodations and restaurants
facilities intended primarily to serve the needs of drivers or the
motoring public if approved by the proper Borough officials. (See
also "distribution center" and "warehousing facility.")
A building used for the preparation of the deceased for burial
and for the display of the deceased as well as for ceremonies connected
therewith before burial or cremation.
A building or structure used for the parking and storage
of vehicles.
GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of one or more vehicles owned and used by the occupants of the building to which it is accessory; provided that no business, occupation or service is conducted for profit therein, and not more than one space therein is leased to a nonresident of the premises. For the purposes of this chapter, there shall be no outside storage or accumulation of junk associated with any private garage.
GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation.
GARAGE, REPAIRSee "automotive repair shop."
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated one-hundred-year
floodplain area on the Borough's Flood Maps.
A facility housing a municipal or government agency, including
state, county or Borough operations. And, for the purposes of this
chapter, municipal or government buildings shall also include police
or fire stations.
The degree of rise or descent of a sloping surface.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GRADE, FINISHEDThe final elevation of the ground surface after development.
A residence where day care is provided for between seven
and 12 children unrelated to the resident household, which is licensed
and inspected by the Pennsylvania Department of Public Welfare to
provide such care. For the purposes of this chapter, such facility
may also provide care for adult or elderly persons.
A group of individuals not related by blood, marriage, adoption
or guardianship living together in one dwelling unit as a single housekeeping
unit under a common housekeeping plan based on an intentionally structured
relationship providing organization and stability. (See "group home.")
A residence occupied by six or fewer persons (excluding staff) unrelated by blood, marriage, adoption or guardianship who live together as a group family household, including but not limited to homes for orphans, foster children, the elderly, battered children and women, mentally or physically handicapped individuals, and specialized treatment facilities providing less than primary health care. Group homes shall not include sobriety houses or facilities for drug or alcohol rehabilitation. (See also §§ 286-33 and 286-34, Sobriety houses.)
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An accessory use or service-oriented occupation operated for gain or profit which is conducted entirely within the operator's residence or in a building accessory thereto. The home occupation must be clearly secondary to the use of the dwelling for residential purposes and shall not change the character thereof. (See § 286-42B.)
The growing of fruits, vegetables, flowers, ornamental plants,
shrubs or trees for profit.
A commercial facility offering transient lodging accommodations
to the general public and providing additional services such as restaurants,
meeting rooms, and recreation facilities.
Those floodplain areas specifically identified in this chapter
as being inundated by the one-hundred-year flood.
See "manufacturing operation."
Any used or discarded article or material, including, but
not limited to, wastepaper, rags, metal, glass, building materials,
house furnishings, machinery, vehicles or parts thereof, with or without
the dismantling, processing, salvage, sale or other use or disposition
of the same. For purposes of this chapter, the term "junk" shall not
include hazardous wastes or materials, residual wastes, or municipal
wastes as defined in the Pennsylvania Solid Waste Management Act.[2]
Any motor vehicle, including, but not limited to, an automobile
or truck that is so worn, deteriorated, obsolete, dismantled or disassembled
as to make it inoperable or unusable in its current condition, and/or
a motor vehicle which has become incapable of being operated for a
period of 30 days due to mechanical defects and/or because it is not
licensed and/or does not have a current, valid Pennsylvania inspection
sticker.
An area of land, with or without buildings, used for the
storage, collection and sale of used or discarded materials, including
junk as defined above, with or without dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
of two or more junked motor vehicles as defined above, or the major
parts thereof, on a property in the Borough for a period of one month
or longer, shall be deemed to make the property a junkyard.
An establishment where five or more dogs, cats or domesticated
animals more than six months old are housed, groomed, bred, boarded,
trained or sold. (House pets maintained in a private home are excluded.)
In addition, all requirements of the Pennsylvania Dog Law,[3] administered by the Pennsylvania Department of Agriculture,
shall be met before establishing a kennel in the Borough.
The tilling or cultivation of soil for crop or tree farming.
Any of the following activities:
The improvement of one lot, or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
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, including a single new multifamily residential building containing
three or more dwelling units;
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; or
A subdivision of land.
The legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase (whether or not such option is
subject to any condition), a lessee, if he is authorized under the
lease to exercise the right of the landowner or other person having
a proprietary interest in the land.
Grass and other plantings such as trees, shrubs and/or bushes.
A public facility for the use, but not sale, of literary,
musical, artistic, or reference materials.
An off-street space accessible from a street or alley in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials. (See § 286-83 and Table 2.)
A building or structure arranged or used for sheltering,
sleeping, and/or feeding of overnight guests for limited periods of
time, including hotels, motels, inns, and other similar types of lodging
establishments. Dining facilities associated with such uses may also
be open or available to the general public if authorized by the appropriate
Borough officials. (See also "hotel," "motel" and "bed-and-breakfast
establishment.")
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.
LOT AREASee "area, lot."
LOT, CORNERA lot with two adjacent sides abutting on streets or alleys. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines of a parcel.
LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another along its rear lot line, with frontage on both streets.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on both an arterial or collector street and on a local street, with vehicular access restricted to the latter, usually due to topographic constraints or safety considerations.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line (i.e., a corner lot), between such lot line and the opposite lot line.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street or street right-of-way; or, where a lot has no road frontage, the lot line opposite the rear lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of Lycoming County,
Pennsylvania.
The lowest floor of the lowest fully enclosed area of a building
or structure (including basement or cellar). An unfinished, flood-resistant
partially enclosed area, used solely for parking of vehicles, building
access or incidental storage, in an area other than a basement or
cellar area is not considered a building's lowest floor, provided
that such space is not designed and built so that the structure is
in violation of the applicable nonelevation design requirements of
this chapter.
A business establishment primarily engaged in the sale of
lumber and related products to contractors or the general public.
A workshop, manufacturing facility or other industrial operation
where machines are built, repaired or assembled. For the purposes
of this chapter, such facilities shall include tool and die-making,
engine rebuilding and similar types of activities.
The act of producing, preparing or assembling finished products
or goods from raw materials or component parts through the repetitious
use of an established or set process.
An industrial fabricating, compounding, assembly or processing activity which may produce some noise, smoke, odor, dust, vibration or glare as a result of the operation. For the purposes of this chapter, manufacturing operations may include, but are not limited to, wood product and related manufacturing, metal fabrication, machine shops, product assembly, or sewing operations. (See § 286-41.)
The fair market price of a structure or property as determined
by an appraiser or insurance adjuster; the price at which both buyer
and seller are willing to do business.
See "clinic, medical."
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beams or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall any minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
A development which is designed and planned to contain a combination of residential dwelling types in varying densities. Such developments may be permitted in the R-4 Residential Zone and shall meet the requirements of § 286-30 of this chapter.
A transportable, single-family dwelling intended for permanent
occupancy, 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 is
constructed so that it may be used without a permanent foundation.
For floodplain management purposes, the term shall also include manufactured
housing, park trailers, travel trailers, recreational vehicles, and
other similar units placed on a site for a period of time exceeding
180 consecutive days.
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.
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. For floodplain management
purposes, the term shall also include facilities for the placement
of two or more manufactured homes, or park trailers, travel trailers,
recreational vehicles, and other similar units for a period of time
exceeding 180 consecutive days.
A commercial building or structure arranged or used for sheltering,
sleeping and/or feeding of overnight guests, where each unit has independent
outside access and where provision may be made for limited cooking
in individual rooms.
See "dwelling, multifamily."
Muncy Borough, Lycoming County, Pennsylvania.
A building serving as a repository for a collection of natural,
scientific, or literary curiosities or objects of interest, or works
of art not offensive to the general public, and arranged, intended
and designed to be used by members of the general public for viewing
with or without an admission charge.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, location or relocation of a building (including
mobile and manufactured homes), structure, and/or improvements (such
as streets, utilities, etc.). For floodplain management purposes,
the term shall pertain to structures for which the start of construction
commenced on or after the date of the Borough's first adopted
floodplain management regulations, and includes any subsequent improvements
to said construction.
A business or commercial activity administered or conducted as an accessory use in a residential dwelling located in a Residential District which is clearly secondary to the use of the residence as a dwelling and which meets the no-impact criteria set forth in § 286-42A.
A structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See § 286-85 for applicable provisions.)
A state-licensed institutional establishment which provides
full-time convalescent or chronic nursing and/or medical care. Such
facilities shall not provide surgical, obstetrical or other services
generally provided by a hospital or medical center.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or other matter in,
along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of water, either in itself or by catching or collecting debris carried
downstream to the damage of life or property.
See "parking space, off-street."
Space not occupied by a structure, open to the sky, and on
the same lot with the building or structure.
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities.
See "storage or display, open or outside."
For the purposes of this chapter, an outdoor cultural, religious, amusement or sporting event shall be defined as a temporary use, activity, or event of short-term duration, such as a carnival, circus, fair, festival or other similar occurrence. (See § 286-48A.)
A device located outside of an inhabited building and used to burn combustible materials for the purpose of generating heat inside the inhabited building. An outdoor furnace shall be considered an accessory structure for the purpose of any ordinance or regulation applying to or effective in the Borough of Muncy, and all such devices shall meet the requirements set forth in Chapter 121, Burning, Open.
See "recreation facility, outdoor."
See "vending machines, outdoor."
An off-street, ground level area, usually surfaced and improved for the parking or temporary storage of motor vehicles for limited periods of time. (See also Article IX.)
An area on a lot available for the parking of one motor vehicle and having direct, usable access to a street or road. A parking space may include covered garage space or uncovered lot space located off of the public right-of-way. (See also Article IX and Table 1.)
A public, semipublic or private park or park-type facility
which provides outdoor recreational enjoyment and activity, either
for free or on a fee basis. Such facilities may include tot lots and
playgrounds, hiking and picnic areas and similar activities, and may
also include buildings or accessory structures. Activities may be
organized to include day camps or other groups or may be strictly
independent. (See also "recreation facility, outdoor.")
A principal use allowed in a zoning district, subject to
the applicable district regulations, and approved by the Zoning Officer.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A state-licensed institutional facility providing supervised
care services, usually for the elderly, including meals and less than
full-time skilled or intermediate nursing care. For the purposes of
this chapter, "personal care homes" may also be known as "assisted-living
facilities."
A small-scale retail business providing direct service or care to a patron or client, including, but not limited to, a barber or beauty shop, a tailor or dressmaking shop, upholstery or shoe repair facility, or similar establishment of a related nature. (See § 286-35.)
A warehouse facility where separate storage spaces, of varying
sizes, are available for lease or rental to the general public, usually
on a self-service basis. For the purposes of this chapter, there shall
be no residential occupancy of nor commercial sales conducted from
such storage areas.
For the purposes of this chapter, philanthropic or religious
organizations shall be defined as nonprofit organizations such as
the United Way, the Heart Association, Salvation Army, American Rescue
Workers, or other food or clothing distribution operations or religious
synod offices.
The Planning Commission of Muncy Borough, Lycoming County,
Pennsylvania.
Land and/or greenhouses used to raise flowers, shrubs, trees
and plants for sale.
At least 51% of the actual cash value of the structure, less
land value, is above ground.
See "structure, principal."
See "use, principal."
The office of a member of a licensed and/or regulated profession, provided there is no selling of a commodity on the premises. A professional office may be considered a home occupation when conducted from a residence, by a member of the resident family and when the office is only secondary to the residential use of the building. (See § 286-37.)
See "auction, public."
A formal meeting held pursuant to public notice by the Borough
Council, Borough Planning Commission, or Borough Zoning Hearing Board,
intended to inform and obtain public comment, prior to taking action
in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84) known as the Sunshine Act.[4]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Facilities, buildings and/or structures constructed and maintained
by public utility companies, municipal or governmental agencies, or
public service corporations, which are necessary for the provision
of utility services to the general public. Such facilities shall include,
but need not be limited to, electrical substations, water or sewage
treatment plants, reservoirs, pump stations, telephone switching stations,
or similar facilities. For the purposes of this chapter, utility supply
facilities shall not include commercial communications antennas or
towers.
A recreational vehicle shall be defined as a vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Such vehicles are permitted to be used only in campground areas
or recreational vehicle parks in the Borough or on private independent
parcels.
A public or semipublic outdoor, recreational facility including, but not limited to, a miniature golf course, an ice-skating rink, public swimming pool, tennis or basketball courts, baseball or soccer fields and other similar uses operated for or open to the public, whether for free or for a fee. (See also "park or playground" and § 286-38.)
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
based; the one-hundred-year flood.
The one-hundred-year flood elevation.
A retail establishment where food and drink is prepared and
served, primarily within the principal building. In some instances,
the food is consumed on-site and in other cases, it is taken out.
For the purposes of this chapter, a restaurant may also include catering
operations.
A place of business engaged in selling goods and merchandise to the general public for personal or household use and rendering services incidental to the sale of such goods. (See § 286-35.)
A specific type of easement being limited to use for passage
over another person's land; i.e., an easement for vehicular or
public utility passage; or
A strip of land acquired by reservation, dedication, prescription
or condemnation which is occupied or intended to be occupied by a
road, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water line, sanitary sewer or storm sewer line or other
similar use.
A temporary booth, stand or shelter located along a roadway
(but off of the road right-of-way) from which produce, plant nursery
or greenhouse products are offered for sale to the general public,
excluding facilities for the sale of fireworks, crafts or similar
items.
A single-family, owner-occupied dwelling or part thereof,
where lodging is provided for a fee by the owner. Such lodging shall
be provided for no more than four persons unrelated to the owner and
shall be for periods of time exceeding one week, whether or not arrangements
are made for meals.
A business establishment equipped with machinery for cutting
lumber or timber into boards.
An establishment or facility, or part thereof, which is designed,
constructed or used for public or private education or instruction
in any branch of knowledge. For the purposes of this chapter, such
facilities shall not include halfway homes or training facilities
for delinquents, offenders, and other adjudicated individuals, nor
other detentional facilities providing residential or "live-in" services.
The provision of a barrier to visibility, glare and noise between adjacent properties made of plant materials, such as trees or shrubs which will be of such species that will produce, within three years of planting, a visual screen at least 6 1/2 feet in height. Such plantings shall, however, adhere to the requirements of § 286-53D and shall be broken at points of vehicular or pedestrian access or utility easements. (See § 286-55.)
The horizontal distance between a structure and a street
line or property line. (See also "building setback line.")
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of the commonwealth or otherwise
provide for the safe and sanitary treatment and disposal of sewage
or other wastes.
SEWAGE FACILITY, OFF-LOTAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant. Such system must be designed in accordance with Pennsylvania Department of Environmental Protection (DEP) standards and be permitted by the Bureau of Water Quality of the DEP. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
SEWAGE FACILITY, ON-LOTAny approved system or part thereof designed to serve a single dwelling or building in which sewage is collected in a septic tank, holding tank or other similar container located on the same lot and is untreated except for bacterial action occurring within such tank and is disposed of either through a drain field connected to the tank or by hauling to a sewage treatment plant.
SEWAGE SYSTEM, COMMUNITYA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
SEWAGE SYSTEM, INDIVIDUALA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating, and disposing of sewage in whole or in part into the soil or into waters of the commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
A group of two or more commercial establishments which may
been planned, developed and managed as a unit, whether contained within
one building or in several buildings on the same tract. Off-street
parking for such facilities shall be provided in relation to the types
and sizes of stores included.
Any object, surface, display, device or structure bearing lettering, pictorial or sculptured matter, designed for visual communication which is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any government. (See § 286-76 for definitions of various types of signs.)
The entire face of a single side of a sign, including all
trim and border area, but excluding any supporting framework or bracing.
The vertical distance measured from the average finished
grade of the site beneath the sign to the highest point of the sign
or sign structure, whichever is greater.
See "dwelling, single-family attached."
See "dwelling, single-family detached."
For the purposes of this chapter, a sobriety house shall be defined as a residence where two or more unrelated persons recovering from alcohol or chemical dependency are residing. (See also § 286-34.)
A use permitted in a certain zoning district as provided for in Article III, District Regulations, which must be approved by the Borough Zoning Hearing Board as set forth in § 286-88D of this chapter. Special exception approval may not be granted for uses other than those expressly listed in Article III.
Storage or display of goods, materials or merchandise, outside of a fully enclosed building or structure as accessory to an approved principal commercial or industrial use in the General Commercial or Industrial Districts. (See § 286-46.)
That portion of a building included between the surface of
any floor and the surface of the floor or ceiling next above it.
Any thoroughfare, whether public or private, located in whole
or in part within Muncy Borough, excluding alleys which are separately
defined herein. The word "road" may be used interchangeably with the
word "street" for the purposes of this chapter.
The dividing line between the street right-of-way and the
lot, also known as the "right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
buildings, sheds, communications antennas and towers, signs and fences,
but excluding poles, playground equipment, mailboxes, lawn ornaments
and other similar objects. For floodplain management purposes, the
term shall also include a gas or liquid storage tank, that is principally
above ground, as well as a mobile or manufactured home.
STRUCTURE, ACCESSORYA structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
A place where an artist, dancer or musician does his work.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
For the purposes of this chapter, the phrase "substantial
compliance" shall be defined to mean a proposal for the alteration,
addition, reconstruction or rehabilitation of a building located in
the Historic Preservation District which complies in all material
respects with the spirit of the historic preservation guidelines set
forth in this chapter.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: before the improvement or repair; or if the structure
has been damaged and is being restored, before the damage occurred.
The term also includes structures that have incurred "substantial
damage," regardless of the actual repair work performed. For the purposes
of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not include
either: any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions; or any
alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A retail establishment primarily selling food or groceries
as well as other household goods or merchandise; i.e., a grocery store.
A body of water in an artificial container, whether located in or aboveground, that contains water over two feet in depth, used or intended to be used for swimming or recreational bathing, including hot tubs and spas, but excluding "kiddie" wading pools. (See § 286-43.)
A nonpermanent building or structure which is located on
a lot in the Borough for a specified duration.
A short-term use or special activity which occurs in the
Borough, including but not limited to, yard sales, public auctions
or similar events. Although such a use may be held periodically, in
order to retain its temporary status, it may not be an ongoing operation
or use.
A permit authorized by the Zoning Officer for a nonpermanent building, structure or use which is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Borough. (See § 286-94J.)
See "freight or truck terminal."
See "dwelling, two-family."
The statewide building code adopted by the Pennsylvania General
Assembly in 1999,[5] applicable to new construction in all municipalities,
whether administered by the municipality, a third party, or the Pennsylvania
Department of Labor and Industry. Applicable to residential and commercial
buildings, the code adopted the International Residential Code (IRC)
and the International Building Code (IBC) of 2003 (or the latest edition
thereof) by reference as the standard applicable to construction within
the commonwealth, including floodplain construction.
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORYA use subordinate to the principal use of a building or structure located on the same lot and serving a purpose customarily incidental to the use of the principal use. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized.
A modification of the provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (See § 286-88C for additional details and criteria to be utilized when a variance is requested.)
Coin-, currency- or credit card-operated machines located
outside of a retail establishment used for the display and sale of
beverages, food, snacks, newspapers or similar products. For the purposes
of this chapter, vending machines shall also include those structures
located outside of a retail establishment containing products intended
for retail sale, such as ice, propane, kerosene, or other similar
merchandise.
See "clinic, veterinary."
A building used primarily for the storage of goods and materials,
including facilities handling freight for a specific commercial or
industrial operation, and those facilities available to the general
public. (See "personal storage warehouses.")
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
A water facility providing potable water to individual lots
or the public for human consumption.
WATER SYSTEM, NONPUBLICAll water systems which are not public water systems.
WATER FACILITY, OFF-LOTAny approved system in which potable water is supplied to a dwelling or other building from a central source which is not located on the lot with the dwelling or building.
WATER FACILITY, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.
WATER SYSTEM, PUBLICA water system as defined by the Department of Environmental Protection which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days a year.
An establishment or place of business primarily engaged in
selling merchandise to retailers or to industrial, commercial, institutional
or other professional business users, or to other wholesalers.
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
YARD, FRONTAn open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed from the ground upward.
YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.
The periodic sale of items of personal property belonging to the resident on whose property the sale is being conducted, which may or may not include personal property of others to make a combined sale. (See § 286-48A.)
The Zoning Hearing Board of Muncy Borough, Lycoming County,
Pennsylvania.
The Official Zoning Map of Muncy Borough, Lycoming County, Pennsylvania, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this chapter as established in § 286-9.
The administrative officer duly appointed by the Borough
Council and charged with the duty of enforcing the provisions of this
chapter.
The permit required by this chapter which states the purpose
for which a building, structure or land is proposed to be used is
in conformity with the use regulations, the dimensional requirements,
and all other applicable provisions of this chapter.
