[Ord. 736, 9/8/2008]
For the purposes of this Chapter, words and terms used herein
shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
"Used" or "occupied," as applied to any land or building, includes
the words "intended, arranged, or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also regulate the plural,
and the masculine shall include the feminine, and vice versa.
F.
Any word or term not defined in this Chapter shall have its plain
and ordinary meaning within the context of the section. A standard
reference dictionary should be consulted.
G.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
[Ord. 736, 9/8/2008]
When used in this Chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
The definition in the Motor Vehicle Code shall apply. As
of 2007, such definition was as follows:
A motor vehicle that is inoperable and is left unattended on
a highway or other public property for more than 48 hours; or
A motor vehicle that has remained illegally on public property
for a period of more than 48 hours; or
A motor vehicle without a valid registration plate left standing
on or alongside the highway; or
A motor vehicle that has remained on private property without
the consent of the owner or person in control of the property for
more than 48 hours; provided that vehicles and equipment used or to
be used in construction, or the operation or maintenance of public
utility facilities and which are left in a manner which does not interfere
with the normal movement of traffic shall not be considered abandoned
vehicles for the purposes of this Chapter.
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth to conduct activities permitted under the Act[1] and registry.
[Added by Ord. 841, 5/7/2018]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
[Added by Ord. No. 862, 4/21/2021]
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
An establishment in which over 10% of the total floor area
is occupied by books, films, periodicals and videotapes which are
distinguished by a clear emphasis on displaying uncovered male or
female genitals or specified sexual activities or by or paraphernalia
or novelties related to specified sexual activities and which items
are offered for sale or rent or on receipt of coins or tokens. If
such items are within a room(s) that is restricted to persons age
18 or older, then this definition shall apply to any establishment
in which over 10% of the floor area is within such restricted room(s).
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimer's disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
A use including live entertainment involving persons (which
may include but not be limited to waiters, waitresses, dancers, clerks,
bartenders, contractors or others) displaying uncovered male or female
genitals or nude or almost nude female breasts or engaging in simulated
or actual specified sexual activities related to some form of monetary
compensation paid to a person or entity involved in such activity
or establishment.
A use involving the presentation to three or more persons
at one time in a room of motion pictures, videotapes or similarly
reproduced images distinguished or characterized by an emphasis on
depiction of specified sexual activities for observation by such persons
and that is related to some form of monetary compensation paid by
the persons viewing such matter.
Includes any of the following uses: adult bookstore, adult
movie theater, massage parlor or adult live entertainment facility/use.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
A vehicle right-of-way having a maximum right-of-way width
of 16 feet and that usually provides secondary access to the side
or rear on one or more lots, and which is not intended for through
traffic.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added by Ord. No. 862, 4/21/2021]
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (other than a satellite dish
antenna, which is treated separately) or for transmitting short-wave
or citizens' band radio frequencies. This shall include antennas used
by an amateur ham radio operator or by a contracting business or utility
to communicate with its employees but shall not include a commercial
communications antenna. This term includes any accessory supporting
structures.
See "dwelling types."
The definition in the Municipalities Planning Code, as amended,
shall apply.[2]
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linens and organized social activities
for residents and their invited guests. Such use shall primarily serve
persons 55 and older, persons with physical handicaps and/or the developmentally
disabled. Assisted-living facilities shall be licensed as personal-care
centers by the Commonwealth of Pennsylvania.
An area, other than a street, used for the outdoor or indoor
display, sale or rental of one or more of the following in operable
condition: motor vehicles, recreation vehicles, boat trailers, farm
machinery, motorcycles, trucks, utility trailers, construction vehicles,
boats, or transportable mobile/manufactured homes in a livable condition.
This use may include an auto repair garage as an accessory use, provided
that all requirements of such use are complied with. This use shall
not include a mobile/manufactured home park (unless the requirements
for that use are also met) or a junkyard. See requirements in § 402.
An area where repairs, improvements and installation of parts
and accessories for motor vehicles and/or boats are conducted that
involve work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include but not be limited to a use that involves any of the
following work: major mechanical or body work, straightening of body
parts, painting, welding or rebuilding of transmissions. Any use permitted
as part of an auto service station is also permitted as part of an
auto repair garage. See requirements in § 402.
An area where gasoline is dispensed into motor vehicles and
where no repairs are conducted, except work may be conducted that
is closely similar in character to the following: sale and installation
of oil, lubricants, batteries and belts and similar accessories and
safety and emission inspections and sale of prepackaged propane. This
use may include a convenience store, provided that all of the requirements
for such use are also met. A business that maintains an accessory
use of providing motor fuel only for use by vehicles operated by that
business shall not, by itself, be considered to be an auto service
station. This use shall not include activity meeting the definition
of a "truck stop." See storage limits and other requirements in § 402.
The portion of a building that is partly or completely below
grade. See the definition of "story."
A dwelling and/or its accessory structure which includes
the rental of overnight sleeping accommodations and bathroom access
for temporary overnight guests, and that meets the maximum number
of overnight guests specified in § 402 for this use, and
which does not provide any cooking facilities for actual use by guests,
and which only provides meals to overnight guests, employees and residents
of the dwelling. Overnight stays shall be restricted to transient
visitors to the area, employees and their family. See requirements
in § 402.
A residential use in which: (a) room(s) that do not meet
the definition of a lawful dwelling unit are rented for habitation,
or (b) a dwelling unit includes greater than the permitted maximum
number of unrelated persons. A boardinghouse shall not include a use
that meets the definition of a hotel, dormitory, motel, life-care
center, personal-care center, bed-and-breakfast inn, group home or
nursing home. A college fraternity or sorority house used as a residence
shall be considered a type of boardinghouse. A boardinghouse may either
involve or not involve the providing of meals to residents but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boardinghouse shall primarily
serve persons residing on site for five or more consecutive days.
The Borough of Fountain Hill, Lehigh County, Pennsylvania.
A strip of land that separates one use from another use or
feature and is not occupied by any building, parking, outdoor storage
or any use other than open space or approved pedestrian pathways.
A buffer yard may be a part of the minimum setback distance; but land
within an existing or future street right-of-way shall not be used
to meet a buffer yard requirement. See § 803.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under the roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
The individual designated by a patient to deliver a form
of medical marijuana as permitted by the Act.
[Added by Ord. 841, 5/7/2018]
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification or identification card by
the Commonwealth of Pennsylvania pursuant to the Act.
[Added by Ord. 841, 5/7/2018]
The Fountain Hill Borough Zoning Ordinance, including the
Official Zoning Map, as amended.
An establishment engaged primarily in the cashing of checks
by individuals or the deferred deposit of personal checks whereby
the check casher refrains from depositing a personal check written
by a customer until a specific date; or the offering of a loan until
a paycheck would be received by the person receiving the loan. This
term shall not include any of the following:
A state or federally chartered bank, savings association, credit
union, or industrial loan association;
A licensed gaming facility; or
A retail store engaged primarily in selling or leasing items
to retail customers and that cashes a check for a fee not routinely
exceeding 1% of the check amount as a service to its customers incidental
to the retail store principal use.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale from November 15 to December 30 of trees that were produced on
the premises.
See "place of worship."
An entity that:
[Added by Ord. 841, 5/7/2018]
Holds a permit both as a grower/processor and a dispensary under
the Act; and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.[3]
Wireless communications facilities that are attached to existing
structures, such as, but not limited to buildings, water towers, electrical
transmission towers, utility poles, light poles, traffic signal poles,
flag poles and other similar structures that do not require the installation
of a new or replacement wireless support structure.
[Added by Ord. No. 862, 4/21/2021]
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added by Ord. No. 862, 4/21/2021]
The GC, RO, RC and TC Zoning Districts.
Includes but is not limited to retail sales, offices, personal
services, auto sales, auto repair garages and other uses of a similar
profit-making nonindustrial nature. The sale of goods or services
from a vehicle on a lot shall also be considered to be a commercial
use.
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups and which does
not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons as accessory to leisure activities.
This shall not include residential uses or a treatment center.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980[4] or Uniform Planned Community Act of 1996, as amended.[5]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
A use in which persons are ordered to be confined by a court
of law or are confined awaiting trial or sentencing.
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided that the requirements for such use are met.
A process provided in the Municipalities Planning Code[6] that permits a municipality to address the potential invalidity
of portions or all of its own Zoning Ordinance.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or Head Start programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted without
regulation by this Chapter:
FAMILY DAY-CARE HOME (or CHILD DAY CARE AS AN ACCESSORY USE)A type of day-care use that:
GROUP DAY-CARE HOMEA type of day-care use that:
Provides care for between seven and 12 children at one time
who are not relatives of the primary caregiver;
Provides care within a dwelling unit; and
Is registered with the applicable state agency. (NOTE: As of
the adoption date of this Chapter, such agency was the Pennsylvania
Department of Public Welfare.)
CHILD DAY-CARE CENTERA type of day-care use that:
Provides care for seven or more children at any one time who
are not relatives of the primary caregiver;
Does not meet the definition of a "group day-care home"; and
Is registered with the applicable state agency. (NOTE: As of
the adoption date of this Chapter, such agency was the Pennsylvania
Department of Public Welfare.) See § 402.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral palsy, epilepsy
or autism.
Found to be attributable to any other conditions found to be
closely related to mental retardation because such condition results
in similar impairment of general intellectual functioning or adaptive
behavior to that of mentally retarded persons or requires treatment
and services similar to those required for such persons.
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this Chapter.
A residential facility that only houses full-time students
and staff persons of an accredited college or university and which
does not meet the definition of "dwelling unit."
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings or their accessory
buildings, and which does not meet the definition of a "street" or
an "alley."
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
This Chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Part 4 and where permitted by Part 3 and meeting the floor area requirements of Part 8.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a "single-family detached dwelling," "twin dwelling" or "townhouse/row-house." The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets the definition of "single-family detached dwelling," "single-family semidetached dwelling," "townhouse" or "low-rise apartment" and that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: (a) is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; (b) is designed for permanent occupancy; (c) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; (d) is constructed so that it may be used with or without a permanent foundation; and (e) is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a sectional home, which is defined above. See standards in § 402.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROW-HOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 402.
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have its own
toilet, bath or shower, sink, and sleeping and cooking facilities,
and separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. A dwelling unit shall
not include either or both of the following:
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This use may
include housing for emergency personnel while on call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added by Ord. No. 862, 4/21/2021]
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
See standards in § 306. Essential services shall not include
a central sewage treatment plant, a solid waste disposal area or facility,
commercial communications towers, a power-generating station, septic
or sludge disposal, offices, storage of trucks or equipment or bulk
storage of materials.
One or more individuals related by blood, marriage or adoption
(including persons receiving formal foster care) or a maximum of four
unrelated individuals who maintain a common household and live within
one dwelling unit. A dwelling unit shall be occupied by a maximum
of one family. A family shall also expressly include numbers of unrelated
persons allowed by the group home provision of § 402 residing
within an approved group home, as defined herein. It is the express
intent of the Borough to comply with all provisions of the Federal
Fair Housing Act, as amended, and regulations promulgated thereunder,
in the construction of this term.
Federal Communications Commission.
[Added by Ord. No. 862, 4/21/2021]
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier that is constructed of wood, chain-link
metal, vinyl or aluminum and/or plastic inserts. Man-made barriers
constructed principally of masonry, concrete or similar materials
shall be considered a wall. The term "wall" does not include engineering
retaining walls, which are permitted uses as needed in all districts.
See § 403.
An establishment primarily involved with monetary, not material,
transactions and that has routine interactions with the public.
See definitions of "floodplain" and related terms in § 504.
The total floor space within a building(s), measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include but not
be limited to: (a) fully enclosed porches; and (b) basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least seven feet. Floor area shall not include unenclosed
porches, decks or breezeways.
The management of forests and timberland when practiced in
accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient as permitted
under the Act.
[Added by Ord. 841, 5/7/2018]
The accessory use of any lot for the occasional sale or auction
of only common household goods and furniture and items of a closely
similar character. See § 403.
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus. See § 507.
A use owned by a government, government agency or government
authority for valid public health, public safety, recycling collection
or similar governmental purpose and which is not owned by Fountain
Hill Borough. This term shall not include uses listed separately in
the Table of Uses in Part 3, such as "publicly owned recreation."
This term shall not include a correctional facility.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the individual served
due to age or emotional, mental or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and all persons subject to protection under the Federal
Fair Housing Act Amendments of 1988. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use.
Group homes shall be subject to the same limitations and regulations
by the Borough as the type of dwelling unit they occupy.
It is the express intent of the Borough to comply with all provisions
of the Federal Fair Housing Act, as amended, and regulations promulgated
thereunder, in the construction of this term.
A group home shall not include a treatment center.
See standards in § 402.
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NOTE: The Federal Fair Housing Act Amendments defined
"handicap" as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2) a record
of having such an impairment, or 3) being regarded as having such
an impairment, but such term does not include current, illegal use
of or addiction to a controlled substance as defined in § 802
of Title 21." This definition was subsequently adjusted by § 512
of the Americans With Disabilities Act to address certain situations
related to substance abuse treatment.
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A product or waste, or combination of substances, that, because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment, which includes the soil and all subsequent
materials located below. Such hazardous material includes but is not
limited to materials which are included on the latest edition of one
or more of the following lists:
Amounts above the federally required reportable volumes of
hazardous substances included on the list of "extremely hazardous
substances" in 29 Code of Federal Regulations Part 1910, or its successor
provisions.
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided that such 20% is not occupied by persons. See exemptions for certain types of structures in § 802. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Part 7, entitled "Signs."
A routine, accessory and customary nonresidential use conducted
within or administered from a portion of a dwelling or its permitted
accessory building and that meets all of the home occupation requirements
of § 403. A "light home occupation" shall be a home occupation
that meets the additional requirements for a light home occupation
stated in § 403. A general home occupation shall be a home
occupation that does not meet the requirements for a no-impact home-based
business.
A use involving the diagnosis, treatment or other medical
care of humans that includes but is not limited to care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an office. A hospital may involve care
and rehabilitation for medical, dental or mental health but shall
not primarily include housing or treatment of the criminally insane
or persons actively serving an official sentence after being convicted
of a felony. A hospital may also involve medical research and training
for health care professionals.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also "bed-and-breakfast" use. A hotel
or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is(are) not the principal use of the property.
A document issued by the DOH pursuant to the Act that permits
access to medical marijuana.
[Added by Ord. 841, 5/7/2018]
A surface that prevents the percolation of water into the
ground.
The I Zoning Districts.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials. Junk shall not include:
Solid waste that is temporarily stored as is customary in an
appropriate container that is routinely awaiting collection and is
disposed of in a manner consistent with state regulations;
Toxic wastes;
Grass clippings, leaves, tree limbs or similar yard waste materials;
or
Items clearly awaiting imminent recycling at an approved recycling
facility.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis;
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle; and/or
Has had all of the tires removed from the vehicle or has had
one or more windows broken or removed from the vehicle for more than
10 days.
See also the definition of "unregistered vehicle."
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
Junk (see definition).
Three or more junk vehicles that are partly or fully visible
from an exterior lot line, dwelling and/or public street. This shall
not apply to such vehicles allowed to be stored within the requirements
of § 402 for an auto repair garage or auto service station.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
A junkyard specifically shall include but not be limited to
any metal scrap yard or auto salvage yard.
The keeping of a greater number of dogs and/or cats than
are permitted under the "keeping of pets" provisions of this Chapter.[7] A kennel may also serve other animals.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
A licensed gaming facility as authorized by the Commonwealth of Pennsylvania pursuant to 4 Pa.C.S.A. Chapter 11, entitled "Pennsylvania Race Horse Development and Gaming Act," as amended from time to time.
A residential use designed and operated exclusively for adults
55 years of age or older and/or physically handicapped persons, that
includes a nursing home and certain limited support facilities intended
specifically to serve the needs of these residents.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, horses, poultry or
insects beyond what is allowed under the "keeping of pets" section
of § 403[8] and the definition of "kennel." Raising of livestock shall
not include a slaughterhouse nor a stockyard used for the housing
of animals awaiting slaughter.
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 lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
Areas within the designated future or existing legal rights-of-way
of any proposed or existing public streets or alleys or any proposed
or existing commonly maintained private streets that serve more than
one lot. (NOTE: Other sections of this Chapter may specifically permit
proposed streets to be included in determining density for a specific
use.)
Areas that are currently or will be required to be dedicated
as common open space on a separate lot. (NOTE: Other sections of this
Chapter may specifically permit proposed common open spaces to be
included in determining density for a specific use.)
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing street right-of-way. A corner lot shall have two front yards. See § 803B concerning corner lots.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
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Sample Lot Line Configurations
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The abbreviations below correspond to:
| |
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a = Front lot line
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b = Rear lot line
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c = Side lot line
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d = Front lot line required to meet § 803B
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The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall.
 |
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's (persons') skin
other than the face or neck by another person(s) that is related to
certain monetary compensation, and which does not involve persons
who are related to each other by blood, adoption, marriage or official
guardianship.
Massages are conducted.
The use does not meet the definition of "massage therapy, certified,"
and the person conducting the massage is not licensed as a health
care professional by the state.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or to a high school or college athletic
program.
A use involving performance of massages by a person licensed
or certified by the state as a massage therapist or certified by a
recognized national organization that requires over 60 hours of professional
training. This use shall be considered a type of personal service.
A type of office used exclusively by physicians and dentists
for treatment and examinations of patients, provided that no overnight
patients shall be kept on the premises. A medical center, as defined
herein, in not a treatment center or a hospital (see definitions).
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania by the Act.
[Added by Ord. 841, 5/7/2018]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
pursuant to the Act to dispense medical marijuana. A zoning permit
may be denied and shall be automatically revoked if already granted
to an applicant, in the event such permit holder and/or applicant's
license for growing, processing, transporting, dispensing, or researching
medical marijuana with the Pennsylvania Department of Health is revoked,
suspended or otherwise limited in any manner.
[Added by Ord. 841, 5/7/2018]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
pursuant to the Act to grow and process medical marijuana. A zoning
permit may be denied and shall be automatically revoked if already
granted to an applicant, in the event such permit holder and/or applicant's
license for growing, processing, transporting, dispensing, or researching
medical marijuana with the Pennsylvania Department of Health is revoked,
suspended or otherwise limited in any manner.
[Added by Ord. 841, 5/7/2018]
A dispensary or a grower/processor of marijuana for medical
purposes as licensed pursuant to the Act.
[Added by Ord. 841, 5/7/2018]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries as permitted by the Act.
[Added by Ord. 841, 5/7/2018]
A postgraduate institution authorized to confer degrees in
medicine and healing practices. Unless approved by special exception,
the facilities are limited to conference rooms, discussion rooms,
classrooms and administrative offices, and the use shall involve only
those activities typically conducted in medical offices.
[Added by Ord. 788, 5/6/2013]
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
Mineral extraction includes but is not limited to the extraction of
sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
See under "dwelling types."
A parcel of land under single ownership which includes three
or more mobile/manufactured homes for residential use. The individual
manufactured homes may be individually owned. A development of mobile/manufactured
homes that is subdivided into individual lots shall be regulated in
the same manner as a subdivision of site-built homes and shall not
be considered to be a mobile home park. See § 402.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added by Ord. No. 862, 4/21/2021]
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate or carry persons or cargo on roads and that is powered by
mechanized means.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated
but was lawfully in existence prior to the effective date of this
Chapter or amendments hereinafter enacted.
A structure or part of a structure that does not comply with
the applicable lot coverage, dimensional and other provisions in this
Chapter, as amended, where such structure lawfully existed prior to
the enactment of such chapter or applicable amendment(s). Such nonconforming
structures include but are not limited to signs. See § 805.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this Chapter or amendment(s),
where such use was lawfully in existence prior to the enactment of
this Chapter or applicable amendment(s). A use granted by variance
is not a nonconforming use. See § 805.
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of three or more persons. See § 402.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
The map as adopted by Borough Council which designates the
location and boundaries of zoning districts.[9]
A parcel or parcels of land within a tract which meet all
of the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned;
Will be deeded to the Borough and/or deed-restricted to permanently
prevent uses of land other than common open space and noncommercial
recreation; and
Does not use any of the following areas to meet minimum open
space requirements:
Existing street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Borough for agricultural
preservation);
Off-street parking (other than that clearly intended for noncommercial
recreation);
Area(s) needed to meet a requirement for an individual lot;
For land intended to be open to the public, that does not have
provisions for entry with a twenty-foot minimum width by pedestrians
from a street open to the public or from an adjacent common open space
area that has access to such a street;
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of the Borough Council would be reasonably safe and useful for active
or passive recreation during the vast majority of weather conditions;
Portions of land that have a width of less than 20 feet.
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement, unless
otherwise stated.
An establishment engaged in retail sales of secondhand merchandise
and that offers personal loans secured by consumer goods, jewelry
and other personal property held by the pawnshop.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[10]
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided that the application complies with all requirements
of this Chapter. A nonconforming use shall not be considered to be
a permitted-by-right use, a special exception use or a conditional
use.
Assisted-living facility.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber- and beauty shops, photography studios, shoe repair shops,
household appliance repair shops, and other similar establishments,
but shall not include any adult uses, as herein defined.
The keeping of domesticated animals of types that are normally
considered to be kept in conjunction with a dwelling for the pleasure
of the resident family. This shall include dogs, cats, small birds,
gerbils, rabbits and other animals commonly sold in retail pet shops.
See § 403.
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
If a religious use is primarily residential in nature, it shall be
regulated under the appropriate dwelling type. See standards in § 402.
See "commission."
A principal structure which is also a building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public.
Notice required by the Municipalities Planning Code. (NOTE:
As of the adoption date of this Chapter, for a Zoning Hearing Board
hearing or an amendment to this Chapter, such act generally required
a legal advertisement published once each week for two successive
weeks in a newspaper of general circulation in the Borough, which
states the time and place of a meeting/hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication not less than
seven days from the meeting/hearing date.)
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
Chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests. Publicly owned recreation is a distinctly different
use from indoor recreation or outdoor recreation.
INDOOR RECREATIONA type of recreation use that does not meet the definition of "outdoor recreation" and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 306.
OUTDOOR RECREATIONA type of recreation use that has a total building coverage of less than 15% and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 306, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling but that does not
involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted-by-right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
The registry established by the DOH for all medical marijuana
organizations and practitioners pursuant to the Act.
[Added by Ord. 841, 5/7/2018]
Persons who are related by blood, marriage, adoption or formal
foster relationship, to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more-distant
cousins. See definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added by Ord. No. 862, 4/21/2021]
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted in a
household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
The LD-R, MD-R, MHD-R, and HD-R Zoning Districts.
The lot line of a lot that:
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is a primary or substantial portion of the total
trade, the requirements of a tavern or nightclub, as applicable, must
be met.
See "drive-through service" in this Section.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way
that will exist after completion of a subdivision or development,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this Chapter, whether by dedication or otherwise.
See "boardinghouse."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
Year-round plant material of substantial height and density
designed to provide a buffer. See requirements in § 803D.
See under "dwelling units."
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
adjacent future street right-of-way or exterior lot line (when the
property is not abutted by a right-of-way). Such line shall be measured
at right angles from and parallel to the front lot line.
Any building setbacks shall be measured from the foundation,
exterior wall or other component of a structure that is closest to
the right-of-way line or lot line from which the setback is being
measured. See exceptions for eaves and cornices in § 803B.
Unless otherwise stated, setback distances are for both accessory
and principal structures.
Private Streets. For a building setback measured from a private
street, the setback shall be measured from the existing right-of-way
of such a street, if a right-of-way exists. If a private street does
not have a right-of-way, the setback shall be measured from the edge
of the cartway.
An area required to be kept free of certain visual obstructions
to traffic. See § 803.
Any physical device for visual communication that is used
for the purpose of attracting attention from the public and that is
visible from beyond an exterior lot line, including all symbols, words,
models, displays, banners, flags, devices or representations. See
definitions of types of signs in §§ 711 and 703. This
shall not include displays that only involve symbols that are clearly
and entirely religious in nature and which do not include advertising.
See § 711.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
A wireless communications facility that meets the following
criteria:
[Added by Ord. No. 862, 4/21/2021]
The wireless support structure on which antenna facilities are
mounted —
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume;
All accessory equipment associated with the wireless communications
facility (excluding antennas) is cumulatively no more than 28 cubic
feet in volume;
The wireless communications facility does not require antenna
structure registration under 47 CFR Part 17;
The wireless communications facility is not located on Tribal
lands, as defined under 36 CFR 800.16(x); and
The wireless communications facility does not result in human
exposure to radio frequency radiation in excess of the applicable
safety standards specified in 47 CFR 1.1307(b).
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
Chapter, provided that the use complies with the conditions and standards
required by this Chapter. See § 116.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added by Ord. No. 862, 4/21/2021]
A portion of a building between the upper surface of a floor
and the upper surface of the floor or roof next above. For the purposes
of determining maximum height in this Chapter, a floor level shall
be considered a story if it meets the definition of an "above-ground
story" in the Building Code. (NOTE: Such provisions often allow a
rear walk-out basement to not count as a story.) If a floor level
has a clear ceiling height less than seven feet and is not designed
for habitation (such as attic storage), then the level shall be considered
a half-story.
For the purposes of this Chapter, a street is defined as
a public or private thoroughfare which provides the principal means
of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably. Streets
shall be classified as "arterial streets," "collector streets" and
"local streets," as categorized in the Borough's Comprehensive Plan.
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this Chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this Chapter.
The definition in the Subdivision and Land Development Ordinance
shall apply.[11]
The Fountain Hill Borough Subdivision and Land Development
Ordinance, as amended.[12]
A modification substantially changes the physical dimensions
of an support structure if it meets the criteria established by 47
CFR § 1.6100.
[Added by Ord. No. 862, 4/21/2021]
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests. See § 403.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool."
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after-hours club." The sale
of food may also occur. See also the definition of "restaurant."
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless facility or its design or site location
can be implemented without a material reduction in the functionality
of the small wireless facility.
[Added by Ord. No. 862, 4/21/2021]
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The storage of more than 150 used tires on a lot. See "outdoor
storage" in § 403.[13]
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added by Ord. No. 862, 4/21/2021]
See "dwelling types."
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and which does not primarily
provide state-required education to persons under age 16. Examples
include a dancing school, martial arts school, cosmetology school
or ceramics school.
A person involved with building trades, such as but not limited
to: plumbing, electrical work, building construction, building remodeling,
and roofing.
A dwelling unit that:
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker (except for antique vehicles exempted
from safety sticker requirements under state regulations). The term
also shall not include motor vehicles displaying a license and inspection
stickers that have each expired less than 90 days previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance is not required with a specific requirement
of this Chapter. Any variance shall only be granted within the limitations
of the Pennsylvania Municipalities Planning Code. See § 111.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. No. 862, 4/21/2021]
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
An electric-generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added by Ord. No. 862, 4/21/2021]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
[Added by Ord. No. 862, 4/21/2021]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added by Ord. No. 862, 4/21/2021]
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal and
accessory structures within specified required minimum yard setbacks.
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces towards a public
street, whenever one public street abuts the lot.
See § 803 concerning yards along corner lots.
No accessory or principal structure shall extend into the required
front yard, except as provided in this Chapter. See special front
yard provisions, including regarding corner lots, through lots and
front yard exceptions, in § 803.
Every lot shall include at least one front lot line.
A yard extending the full width of the lot and which is always
measured from along the rear line and which establishes the minimum
setback for the subject structure and which stretches between the
side lot lines parallel to the rear lot line.
A principal building shall not extend into the required rear
yard setback for a principal building, and an accessory structure
shall not extend into the required rear yard for an accessory structure,
except as provided in this Chapter.
Every lot shall include a rear lot line.
A yard which establishes the minimum setback for the closest
portion of the subject structure and which is measured from along
the entire length of the side lot line and which extends from the
front lot line to the rear lot line.
A structure shall not extend into the applicable minimum side
yard setback, except as provided for in this Chapter.
See corner lot provisions in § 803B.
Every lot shall include at least one side lot line, although
such lot line may be regulated as a front yard under § 803B.
The Official Zoning Map of Fountain Hill Borough, Lehigh
County, Pennsylvania.[14]
The person charged with the duty of enforcing the provisions
of this Chapter, and any officially designated assistant.
This Chapter, as amended.
[1]
Editor's Note: Refers to the Medical Marijuana Act, Act 16
of 2016. See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: The former definition of "commercial communications
tower or antenna," which immediately followed this definition, was
repealed by Ord. No. 862, 4/21/2021.
[4]
Editor's Note: See 68 P.S. § 3101 et seq.
[5]
Editor's Note: See 68 Pa.C.S.A § 5101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See § 403D(10).
[8]
Editor's Note: See § 403D(10).
[9]
Editor's Note: The Zoning Map is included at the end of this
Chapter.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[13]
Editor's Note: See § 403D(9).
[14]
Editor's Note: The Zoning Map is included at the end of this
Chapter.
