[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:
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.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
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.
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.
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.
Any change in the supporting members of a building such as
bearing walls, columns, beams, or girders.
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.
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.
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.
The total area within the lot lines.
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.
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.
Any body granted jurisdiction under a land use ordinance
or under this Chapter to render final adjudications.
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.
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.
Any structure, having a roof supported by walls, and intended
for the shelter, housing or enclosure of persons, animals or chattel.
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.
A building surrounded by open spaces on the same lot.
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.
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.
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.
A building in which is conducted the principal use of the
lot on which it is located.
A sign bearing the name of the occupant of a premises and
the name of products manufactured, processed, sold or displayed thereon.
That portion of streets lying between the curblines and designed
and intended primarily for vehicular travel.
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.
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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
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.
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.
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.
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.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure including
the placement of mobile homes.
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.
COURT, INNERA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTERA 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.
That portion or percentage of the plot or lot area covered
by the building area.
The officially established grade of the curb in front of
the midpoint of the lot.
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.
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.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
Numerical values applied to residential dwelling unit types
for the purpose of computing permitted densities.
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.
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.
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).
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or,
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.
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.
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.
The keeping of four or more dogs that are more than six months
old.
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.
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.
APARTMENT HOUSEA 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.
GARDEN APARTMENTThree 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.
RESIDENTIAL CONVERSION UNITTo 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.
SINGLE FAMILY DETACHEDA dwelling unit accommodating a single family and having two side yards.
SINGLE-FAMILY, SEMIDETACHEDTwo 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.
TWO-FAMILY DETACHEDTwo dwelling units accommodating two families which are located one over the other, and having two side yards.
TWO-FAMILY SEMIIDETACHEDFour 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.
TOWNHOUSE (ROW DWELLING)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.
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.
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.
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 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.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
(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.
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.
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.
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.
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.
Any garage not a private garage and which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles.
See "home gardening."
The elevation of the center line of the streets as officially
established by the Borough authorities.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
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.
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:
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.
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.
All "home occupations" shall be located within the residential
structure or an accessory building.
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.
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.
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.
The use shall comply with all other legal or regulatory requirements
of the local, State and/or Federal government.
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.
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:
A complete description of the nature and the manner of operation
of the proposed "home occupation."
A specific written description of the product or service to
be provided.
The names of the permanent residents of the premises who will
be involved in the conducting or operation of the "home occupation."
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."
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."
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.
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.
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.
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.
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.
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."
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.
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.
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.
See "dog kennel."
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; or,
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;
A subdivision of land.
"Land development" does not include development which involves:
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;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
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.
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.
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.
DIFFUSED That form of lighting wherein the lights passes from the source through a translucent cover or shade.
DIRECT or FLOOD That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECT 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.
The dividing line between the street and the lot.
A building in which three or more, but not more than 15,
rooms are rented and in which no table board is furnished.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A parcel of land at the junction of and abutting on two or
more intersecting streets.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
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.
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.
A partially preassembled factory built single-family detached
dwelling intended for permanent location on a site.
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."
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.
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.
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.
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.
Any dwelling with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
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.
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.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A 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.
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.
A space unoccupied by buildings or paved surface and open
to the sky on the same lot with the building.
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.
A map, plan or layout of a subdivision indicating the location
and boundaries of individual properties.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side, or rear door.
Any lot, parcel or tract of land and any building constructed
thereon.
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.
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.
Includes:
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.
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.
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 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.
The one-hundred-year flood elevation.
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.
See "dwelling types."
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.
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.
LOCALA road whose function is to provide for local traffic movement and direct access to abutting properties.
MAJOR ARTERIALA limited access highway on which access is provided only from another street and not from abutting properties.
MAJOR COLLECTORA road or street which provides for the movement of large volumes of traffic between arterials and local roads and direct access to abutting property.
MINOR ARTERIALA 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.
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.
An institution for the care of invalids or convalescents
consisting of 16 or more sleeping rooms.
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.
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.
A dwelling, cabin, lodge or summer house which is intended
for occupancy less than 182 days of the year.
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.
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.
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.
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.
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.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
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.
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.
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.
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.
The center of the surveyed street right-of-way, or where
not surveyed, the center of the traveled cartway.
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.
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."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
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.
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.
PRIVATEAny 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.
PUBLICA 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.
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.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
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.
A group of buildings, including either separate cabins or
a row of cabins, which:
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
Any portable or mobile vehicle used or designed to be used
for living purposes.
A tract of land:
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.
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.
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.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
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.
An unoccupied space open to the sky, on the same lot with
a building or structure.
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.
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.
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.
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.
The official Zoning Map of Burnham Borough.
The "Burnham Borough Zoning Ordinance," as amended.
