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Borough of Burnham, PA
Mifflin County
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[Ord. 1973-8, 5/25/1973, § 301]
It is not intended that this glossary include only words used or referred to in this Chapter. The words are included in order to facilitate the interpretation of this Chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board. Unless otherwise expressly stated, the following shall, for the purpose of this Chapter, have the meaning herein indicated:
A. 
Words used in the present tense include the future tense.
B. 
The word "person" includes a profit or nonprofit corporation, company, partnership, or individual.
C. 
The words "used" or "occupied" as applied to any land or building include the words "intended," "arranged," or "designed" to be used or occupied.
D. 
The word "building" includes structure.
E. 
The word "lot" includes plot or parcel.
F. 
The word "shall" is always mandatory.
[Ord. 1973-8, 5/25/1973, § 302; as amended by Ord. 1976-7, 10/__/1976, § 1; by Ord. 1978-6, __/__/1978; by Ord. 1978-9, 8/9/1978; by Ord. 1995-2, 3/14/1995; and by Ord. 1996-2, 5/9/1996, § 2]
For the purposes of this Chapter, the following words, terms, and phrases have the meaning herein indicated:
ACCESSORY BUILDING
A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ACT 247
The Pennsylvania Municipalities Planning Code, as amended. The law, passed July 31, 1968, as amended, is the enabling legislation which permits municipalities in Pennsylvania to prepare and enact comprehensive development plans, zoning ordinances and other land use controls.
ALLEY
Any public thoroughfare in the Borough shown on the Borough Map of the Borough and open to travel by the public and designed and intended primarily as a means of access to and from the rear of properties.
ALTERATIONS
Applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
AMENDMENT
A change in use in any district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely with the Borough Council.
ANIMAL HOSPITAL
A building used for the treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
AREA, LOT
The total area within the lot lines.
BASEMENT
A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BILLBOARD
A sign upon which advertising matter of any character is printed, posted, or lettered; whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is located.
BOARD
Any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications.
BOARDING (ROOMING or BOARDING)
The lodging of a person in no more than one room of a dwelling unit. Such room shall contain facilities for sleeping and living, but shall exclude cooking, dining, restroom and bath/shower facilities.
BOARDING HOUSE
Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boarding house.
BUILDING
Any structure, having a roof supported by walls, and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREA
The total of (a) the maximum horizontal cross-section areas of all of the principal and accessory buildings on a lot and (b) the horizontal surface area of any swimming pool on the lot. In calculating the building area, the following horizontal projections shall be excluded and disregarded: cornices, eaves, gutters, chimneys and flues which do not project more than two feet; bay windows which do not extend through more than one story and do not project more than five feet; unenclosed steps from doorways opening to the outdoors; fire balconies or fire escapes and the roofs thereof, if any, which do not project more than five feet.
BUILDING, DETACHED
A building surrounded by open spaces on the same lot.
BUILDING, FRONT LINE OF
The lines of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
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 or portion thereof with respect to any lot line or street right-of-way line.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is located.
BUSINESS IDENTIFICATION SIGN
A sign bearing the name of the occupant of a premises and the name of products manufactured, processed, sold or displayed thereon.
CARTWAY
That portion of streets lying between the curblines and designed and intended primarily for vehicular travel.
CARPORT
An open space for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is an accessory building or extension.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMPREHENSIVE PLAN
A comprehensive plan (or community development plan) consists of maps, charts, and textual matter, and indicates the recommendations of the Planning Commission for the continuing development of the Borough. The comprehensive plan includes, but is not limited to, the following related basic elements: a statement of objectives; a plan for land use; a plan for the movement of people and goods; a plan for community facilities and utilities; and a map or statement indicating the relationship of the Borough and its proposed development to the adjacent municipalities and areas.
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
A form of property ownership providing for individual ownership of a specific apartment or other space not necessarily on ground level together with an undivided interest in the land or other parts of the structure in common with other owners. A condominium is considered permissible under the same standards as a townhouse or garden apartment.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure including the placement of mobile homes.
COURT
An unoccupied open space, other than a yard, on the lot with a building, which is bounded on two or more sides by the walls of such building.
A. 
A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
B. 
A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGE
That portion or percentage of the plot or lot area covered by the building area.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DAY CARE
The provision of daytime, adult supervision of persons requiring such supervision because of their age, handicap or other special needs or circumstances, but does not include the care of persons residing on the premises.
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.
DENSITY
A measure of the number of dwelling units which occupy, or may occupy, an area of land.
DENSITY FACTORS
Numerical values applied to residential dwelling unit types for the purpose of computing permitted densities.
DENSITY, GROSS RESIDENTIAL
The number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, excluding public rights-of-way whether exterior or interior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, common open spaces, etc.
DENSITY, NET RESIDENTIAL
The number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, etc.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in this Chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway District (FW), Flood Fringe District (FF), General Floodplain District (FA).
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; or,
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
DEVELOPMENT PLAN
The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this Chapter shall mean the written and graphic materials referred to in this definition.
DOG KENNEL
The keeping of four or more dogs that are more than six months old.
DUMP
A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind, except that this does not include the storage by an industry in an industrial zone of wastes which may later be reclaimed.
DWELLING
A building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants. The term "dwelling" is used herein as well as single-family dwellings unless otherwise indicated.
A. 
A structure consisting of a series of single-story dwelling units (two-story units may conceivably be used in certain instances) clustered on a floor about a central elevator shaft or central corridor, each series, consisting of one story, being stacked one upon the other to a specified maximum height. For the purpose of this Chapter: 1) a low-rise apartment structure shall not be greater than three stories in height; 2) a mid-rise apartment structure shall not be greater than five stories in height.
B. 
Three or more dwelling units accommodating three or more families which are located one over the other and which, when more than three units are utilized, are attached side-by-side through the use of common party walls, and which shall have side yards adjacent to each first story end unit. Garden apartments are generally built to a height of three stories, but may conceivably be built to a height of only two stories. Each dwelling unit is accessible by a common stairwell.
C. 
To be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.
D. 
A dwelling unit accommodating a single family and having two side yards.
E. 
Two dwelling units accommodating two families which are attached side by side through the use of a party wall, and having one side yard adjacent to each dwelling unit.
F. 
Two dwelling units accommodating two families which are located one over the other, and having two side yards.
G. 
Four dwelling units accommodating four families, two units of which are located directly over the other two units. A combination of both the single-family and semidetached and the two-family detached structures.
H. 
No more than eight dwelling units which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit. Each dwelling unit shall be at least 20 feet in width, of one or two story construction and may have basements under the first story and shall have a maximum height above ground level of 35 feet.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
ELECTRICAL SUBSTATION
An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public.
ESSENTIALLY DRY SPACE
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.
FAMILY
One or more persons who live together in one dwelling unit and maintain a common household. May consist of a single person or of two or more persons, whether or not related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
(1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; (2) an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPROOFING
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, and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this Chapter the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
FLOOR AREA RETAIL, NET
All that space relegated to use by the customer and the retail employee to consummate retail sales, and to include display area used to indicate the variety of goods available for the customer; but not to include office space, storage space, and other general administrative areas.
GARAGE, PRIVATE
An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage not a private garage and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.
GARDENING
See "home gardening."
GRADE ESTABLISHMENT
The elevation of the center line of the streets as officially established by the Borough authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
HOME GARDENING
The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling, excluding the keeping of livestock, and permitting the sale of produce raised thereon.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling which is classified as single-family detached residential dwelling or building accessory thereto and carried on by the inhabitants resident therein, with no goods being publicly displayed on the premises other than a sign as noted herein and, subject to the following express standards, criteria, requirements and conditions:
A. 
The use shall be conducted only by one or more permanent residents of the dwelling and not more than one person who does not permanently reside in the dwelling shall be employed by the inhabitants of the dwelling or used by the inhabitants of the dwelling to assist in the "home occupation" use.
B. 
The use shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes and shall not, in any case whatsoever, exceed 25% of the total usable floor area of the said single-family detached residential dwelling unit, or of any approved accessory structure, excluding unfinished attics and unfinished basement areas.
C. 
All "home occupations" shall be located within the residential structure or an accessory building.
D. 
The exterior appearance of the structure or premises shall be at all times constructed and maintained as a residential dwelling or an accessory building to a residential dwelling.
E. 
The only external exhibition of the presence of the "home occupation" shall be an unilluminated, nonflashing sign which shall not be larger than two square feet, which includes the name, occupation and logo-type or trade mark of the person conducting the home occupation.
F. 
The use shall not detract from the residential character of the neighborhood or exhibit activities or influences which are detrimental to the health, safety or welfare of the residents of the neighborhood.
G. 
The use shall have available off-street parking in compliance with Chapter 27, Part 6, § 601.
H. 
The use shall comply with all other legal or regulatory requirements of the local, State and/or Federal government.
I. 
Regardless of any limitation to occupations "customarily conducted" entirely within a dwelling, as aforesaid, and as the phrase "customarily conducted" has heretofore been interpreted by the Courts of the Commonwealth of Pennsylvania, the term "home occupation" for purposes of this Part shall include, but not necessarily be limited to, professional offices for the practice of medicine, dentistry, architecture, law accounting, optometrist, veterinarian (excluding stables or kennels), chiropractic and engineering, the professional office of a clergyman, shops for artists or craftsmen, shops for beauticians and barbers, a photography studio, real estate office, an insurance office, the rooming or boarding of not more than one person, custom dress or clothing making, millinery or tailoring, laundering, home-cooking or pastry making.
J. 
All applicants for permits to undertake a "home occupation" shall have submitted the following information, in writing, to the Zoning Officer, in addition to any other information required by this Part:
(1) 
A complete description of the nature and the manner of operation of the proposed "home occupation."
(2) 
A specific written description of the product or service to be provided.
(3) 
The names of the permanent residents of the premises who will be involved in the conducting or operation of the "home occupation."
(4) 
A written statement that no more than one nonresident person or employee will be on premises in relation to the conducting or operation of the "home occupation."
(5) 
At a minimum, a sketch, to scale, of the portion of the residential dwelling or accessory structure which will be devoted to the conducting or operation of the "home occupation."
(6) 
At a minimum, a sketch, to scale, of any building or structural modifications, signs or other physical changes requested to the interior or exterior of the dwelling or accessory structure.
(7) 
A written statement as to the expected maximum number of customers, visitors, clientele or patients expected to be served by the "home occupation" during any one hour, the number of hours per day during which it is intended that the "home occupation" will be open to the public; and the times of the day when the "home occupation" is to be open to the public.
(8) 
At a minimum, a sketch, to scale, indicating the location, size and means of access paring spaces all so as to indicate how compliance with off-street parking requirements will be met.
(9) 
A signed certification by the applicant that the "home occupation" will not detract from the residential character of the neighborhood, that the applicant will in good faith at all times comply with the requirements of the definition of a "home occupation," that all representations of applicant in relation to the application for the "home occupation" are true and correct, and that if any of the representations of the application and the certification are untrue and/or are not continuously complied with by applicant, it shall be good cause for the Borough of Burnham to terminate the "home occupation" and the permission therefor.
(10) 
A signed certification and agreement by the applicant that if there are to be any changes or alterations to the "home occupation," as per the application filed in relation thereto, the applicant will file, in writing, a supplemental application in relation thereto to obtain approval of said changes or alterations in the previously permitted "home occupation," prior to making said changes or alterations or utilizing the premises in accord with said changes or regulations, and acknowledging, in writing, that any permit granted by the Borough for a "home occupation" may, in the sole discretion of the Borough of Burnham, be revoked, if applicant, at any time, changes or alters the use of the premises without prior approval of the Borough of Burnham.
(11) 
A signed certification and agreement by the applicant that any "home occupation" for which the permit is granted shall be discontinued if it at any time ceases to comply with the requirements of this Chapter for "home occupations."
HOSPITAL
Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in any accessory building.
JUNKYARD
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
KENNEL
See "dog kennel."
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; or,
(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; or
(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.
LANDSCAPE AREA
The minimum square footage of lot area that is available for the use of the residents of a dwelling unit complex in which it is located or a part of the required area of a commercial or industrial development. This area must be both unsurfaced and water absorbent, and no more than 1/3 of this total space footage requirement may be made up of the area located within the setback requirements for the front, side, or rear yards of the complex.
LAUNDERETTE
A business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
A. 
That form of lighting wherein the lights passes from the source through a translucent cover or shade.
B. 
That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
C. 
That form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LINE, STREET
The dividing line between the street and the lot.
LODGING HOUSE
A building in which three or more, but not more than 15, rooms are rented and in which no table board is furnished.
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.
LOT, CORNER
A parcel of land at the junction of and abutting on two or more intersecting streets.
LOT, INTERIOR
A lot other than a corner lot.
LOT, LINES
The lines bounding a lot as defined herein.
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. The term does not include recreation vehicles or travel trailers.
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.
MODULAR HOME
A partially preassembled factory built single-family detached dwelling intended for permanent location on a site.
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."
NEIGHBORHOOD GROCERY
A commercial establishment which primarily offers foods for sale, but which may also sell various other products such as convenience goods normally associated with grocery store sales. A neighborhood grocery store is designed and intended solely for the use of residents of the immediate area within the community; it is not intended to serve the community as a whole, nor a regional market beyond the community.
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.
NURSING OR CONVALESCENT HOME
Any dwelling with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OBSTRUCTIONS
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or designated floodplain districts, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
OFF-SITE SEWER SERVICE
A sanitary sewage collection system in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal plant which may be publicly or privately owned and operated.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
ON-SITE SEWER SERVICE
A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.
OPEN PIT MINING
Includes all activity which removes from the surface or beneath the surface of the land some material mineral resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one, or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore. This definition shall not preclude or prohibit in an I-1 Industrial District the recovery of metallic scrap materials, materials suitable for use as cinders on public or private roads, or materials suitable for general agricultural uses.
OPEN SPACE
A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Chapter.
PLAT
A map, plan or layout of a subdivision indicating the location and boundaries of individual properties.
PORCH
A covered area in excess of four feet by five feet or 20 square feet in area at a front, side, or rear door.
PREMISES
Any lot, parcel or tract of land and any building constructed thereon.
PROFESSIONAL OFFICE, PROFESSIONAL STUDIO
The office or studio of a professional person if such office or studio is located in the dwelling in which the professional person resides or is located in an accessory building thereto. The term "professional person" means one who has advanced education and special knowledge in a given field of study in the arts or sciences and who engages in a vocation or occupation using that education and knowledge in a predominantly mental or intellectual way, rather than in a physical or manual way. By way of example, a professional office would include the office of a dentist, physician, surgeon, chiropractor, veterinarian, architect, engineer, attorney or clergyman.
PROPERTY LINE
A recorded boundary of a lot. However, any property line which abuts a street or other public or quasi-public way shall be measured from the full right-of-way.
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; and,
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 July 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.
PUBLIC USES
Public and semipublic uses of a welfare and educational nature, such as hospitals, nursing homes, schools, parks, churches, cemeteries, civic centers, historical restorations, fire stations, municipal buildings, essential public utilities that require enclosure within a building; airports; fraternal clubs and homes; nonprofit recreational facilities; easements for alleys, streets, and public utility rights-of-way; and radio and television transmission facilities.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation.
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.
RESIDENTIAL CONVERSION UNIT
See "dwelling types."
RIDING ACADEMY
Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROAD CLASSIFICATION
Setback distances in this Chapter in accordance with the type of roadway abutting the properties. For the purpose of this Chapter the following definitions are employed.
A. 
A road whose function is to provide for local traffic movement and direct access to abutting properties.
B. 
A limited access highway on which access is provided only from another street and not from abutting properties.
C. 
A road or street which provides for the movement of large volumes of traffic between arterials and local roads and direct access to abutting property.
D. 
A road whose function is to provide for the movement of high volumes of through traffic and direct access to abutting properties; subject to necessary control of entrances, exits, and curb use.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one or more rooming units, in which space is rented by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother, or those standing in such relationships of the owner or operator.
SANATARIUM, SANATORIUM
An institution for the care of invalids or convalescents consisting of 16 or more sleeping rooms.
SANITARY LANDFILL
A lot or land or part thereof used primarily for the disposal of garbage, refuse, and other discarded materials including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, and residential activities. The operation of a sanitary landfill normally consists of: 1) depositing the discarded material in a planned controlled manner, 2) compacting the discarded material in thin layers to reduce its volume, 3) covering the discarded material with a layer of earth, and 4) compacting the earth cover.
SCREEN PLANTING
A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located.
SEASONAL RESIDENCE
A dwelling, cabin, lodge or summer house which is intended for occupancy less than 182 days of the year.
SERVICES, ESSENTIAL
Uses, not enclosed within a building, necessary for the preservation of the public health and safety including, but not limited to, the erection, construction, alteration or maintenance of, public utilities or governmental agencies, underground or overhead transmission systems, poles, wires, pipes, cables, fire alarm boxes, hydrants, or other similar equipment.
SERVICE STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used, or designated to be used, for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
SETBACK LINE
The line within a property defining the required minimum distance between any building to be erected and the adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the property upon which said building is located and shall be parallel to said right-of-way line.
SIGN
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, or similar organization.
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. and 10901 et seq.
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration, hire or sale.
STOOP
A covered or uncovered area at a front, side or rear door not exceeding four feet by five feet or 20 square feet in area.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET CENTER LINE
The center of the surveyed street right-of-way, or where not surveyed, the center of the traveled cartway.
STREET GRADE
The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such mid-point shall be taken as the street grade.
STREET RIGHT-OF-WAY LINE
The line dividing a lot from the full street right-of-way, not just the cartway. The word "street" shall include, but not be limited to, the words "road," "highway," "alley," and "thoroughfare."
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, 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.
SUBSTANTIALLY COMPLETED
Where at least 90% (based on the cost of the required improvements for which financial security was posted, if any, pursuant to the requirements of this Chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SUBSTANTIALLY IMPROVED
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred.
A. 
Any reasonably permanent pool or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Ponds and/or lakes are not included provided that swimming was not the primary purpose for their construction.
B. 
A public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the telephone company; but in a residential district not to include public business facilities, storage of materials, trucks or repair facilities, or housing or repair crews.
THEATER
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis to patrons seated in automobiles, or on outdoor seats.
TOURIST CABINS
A group of buildings, including either separate cabins or a row of cabins, which:
A. 
Contain living and sleeping accommodations for transient occupancy; and,
B. 
Have individual entrances.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER
Any portable or mobile vehicle used or designed to be used for living purposes.
TRAILER CAMP
A tract of land:
A. 
Where two or more trailers are parked; or,
B. 
Which is used or held out for the purpose of supplying to the public a parking space for two or more trailers.
TRAVEL TRAILER
A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer on the trailer. Unoccupied travel trailers do not constitute mobile homes, as used in this Chapter.
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
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.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Borough.
WINDOW
An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.
YARD
An unoccupied space open to the sky, on the same lot with a building or structure.
YARD, FRONT
An open unoccupied space on the same lot with a main building, extending the full width of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, enclosed or unenclosed, shall be considered a part of the main building and shall not project into a required front yard.
YARD, REAR
An open unoccupied space on the same lot with a main building, extending the full-width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. A building shall not extend into the required rear yard.
YARD, SIDE
An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.
ZONING
The designation of specified districts within a community or township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING MAP
The official Zoning Map of Burnham Borough.
ZONING ORDINANCE
The "Burnham Borough Zoning Ordinance," as amended.